Vol. 80 Tuesday, No. 154 August 11, 2015

Pages 48001–48234

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 80, No. 154

Tuesday, August 11, 2015

Agency for Healthcare Research and Quality Defense Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48110–48112 Submissions, and Approvals, 48079–48080 Patient Safety Organizations: Privacy Act; Systems of Records, 48080–48081 Expired Listing for McGuckin Methods International, Inc., 48112 Drug Enforcement Administration Requests for Scientific Information: PROPOSED RULES Omega 3 Fatty Acids and Cardiovascular Disease, 48105– Schedules of Controlled Substances: 48107 Eluxadoline; Placement into Schedule IV, 48044–48051 Omega 3 Fatty Acids and Maternal and Child Health, 48107–48110 Economic Development Administration NOTICES Agriculture Department Petitions: See Animal and Plant Health Inspection Service Trade Adjustment Assistance Eligibility, 48072 See Federal Crop Insurance Corporation NOTICES Education Department Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 48070 Priorities, Requirements, Definitions, and Selection Criteria: Technical Assistance Center for Vocational Rehabilitation Animal and Plant Health Inspection Service Agency Program Evaluation and Quality Assurance, RULES 48028–48033 Animal Welfare NOTICES Asian Longhorned Beetle Quarantine Areas in Applications for New Awards: Massachusetts and New York, 48001–48002 Rehabilitation Training––Technical Assistance Center for Technical Amendments: Vocational Rehabilitation Agency Program Evaluation Importation of Fresh Unshu Oranges from Japan into the and Quality Assurance, 48081–48086 U.S., 48002–48003 NOTICES Employment and Training Administration Environmental Impact Statements; Availability, etc.: NOTICES Feral Swine Damage Management, 48071–48072 Worker Adjustment Assistance Eligibility; Amended Treatment Evaluation Documents: Certifications: Imported Fire Ant Program, 48070–48071 Maverick Tube Corp., Houston, TX, 48120 Centers for Disease Control and Prevention Energy Department NOTICES See Federal Energy Regulatory Commission Requests for Nominations: RULES Board of Scientific Counselors, National Center for Energy Conservation Program for Consumer Products: Environmental Health/Agency for Toxic Substances Definitions and Standards for Grid-Enabled Water and Disease Registry, 48112–48113 Heaters, 48004–48010 NOTICES Children and Families Administration Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 48087 Comprehensive Child Welfare Information System, 48200– Charter Renewals: 48229 Fusion Energy Sciences Advisory Committee, 48086 Meetings: Commerce Department Environmental Management Site-Specific Advisory See Economic Development Administration Board, Hanford, 48086–48087 See Foreign-Trade Zones Board See International Trade Administration Environmental Protection Agency See National Oceanic and Atmospheric Administration RULES Air Quality State Implementation Plans; Approvals and Comptroller of the Currency Promulgations: NOTICES Georgia; Atlanta; Requirements for the 2008 8-Hour Agency Information Collection Activities; Proposals, Ozone Standard, 48036–48041 Submissions, and Approvals: Washington, 48033–48036 Bank Appeals Follow-Up Questionnaire, 48136 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Consumer Product Safety Commission Promulgations: PROPOSED RULES Georgia; Atlanta; Requirements for the 2008 8-Hour Petitions for Rulemaking: Ozone Standard, 48051 Supplemental Mattresses for Play Yards with Non-Rigid Kentucky: New Sources in or Impacting Nonattainment Sides, 48043 Areas, 48051–48053

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NOTICES Food and Drug Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, CEQ–EPA Presidential Innovation Award for Submissions, and Approvals: Environmental Educators Application, 48101–48102 Irradiation in the Production, Processing and Handling of Proposed Administrative Settlements: Food, 48113–48114 Comcast Cable Communications, LLC, 48099–48100 Regulations under the Federal Import Milk Act, 48113 Requests for Information: Great Salt Lake Mercury Data, 48100–48101 Foreign Assets Control Office Federal Aviation Administration NOTICES RULES Blocking or Unblocking of Persons and Properties, 48136– Airworthiness Directives: 48138 Airbus Airplanes, 48019–48022 Kidde Graviner, 48022–48024 Rolls-Royce plc Turbofan Engines, 48018–48019 Foreign-Trade Zones Board The Boeing Company Airplanes, 48013–48018 NOTICES Applications for Subzone Expansion: Federal Communications Commission Michelin North America, Inc. Subzone 22N, Wilmington, NOTICES IL, 48073 Agency Information Collection Activities; Proposals, Approval of Subzone Status: Submissions, and Approvals, 48102–48103 Autogermana, Inc. San Juan, Puerto Rico, 48073 Parapiezas Corp., Catano, PR, 48072–48073 Federal Crop Insurance Corporation RULES Health and Human Services Department Common Crop Insurance: See Agency for Healthcare Research and Quality Macadamia Tree Crop Insurance Provisions; Correcting See Centers for Disease Control and Prevention Amendments, 48003–48004 See Children and Families Administration Federal Energy Regulatory Commission See Food and Drug Administration NOTICES See Health Resources and Services Administration Applications: See National Institutes of Health Liquid Sun Hydro, LLC, 48092 See Substance Abuse and Mental Health Services Wilkesboro Hydroelectric Co., 48095–48096 Administration Combined Filings, 48088–48090, 48092–48093, 48096– PROPOSED RULES 48097 Comprehensive Child Welfare Information System, 48200– Environmental Assessments; Availability, etc.: 48229 Tennessee Gas Pipeline Co., LLC, Triad Expansion NOTICES Project, 48090–48092 Findings of Research Misconduct; Correction, 48114 Environmental Impact Statements; Availability, etc.: Atlantic Coast Pipeline, LLC, Atlantic Coast Pipeline Health Resources and Services Administration Project, 48093–48095 NOTICES LNG Development Co., LLC, Oregon Pipeline Co., LLC, Meetings: Northwest Pipeline LLC; Oregon LNG Terminal and National Advisory Council on the National Health Pipeline Project and Washington Expansion Project, Service Corps, 48114 48097–48098 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Homeland Security Department Energy Power Investment Co., LLC, 48098 See U.S. Customs and Border Protection Requests for Stay of Licensing Decision: Eugene Water and Electric Board, 48098–48099 Housing and Urban Development Department Staff Attendances, 48087–48088 RULES Federal Housing Administration: Federal Reserve System Updating Regulations Governing HUD Fees and the NOTICES Financing of the Purchase and Installation of Fire Agency Information Collection Activities; Proposals, Safety Equipment in FHA-Insured Healthcare Submissions, and Approvals, 48104–48105 Facilities, 48024–48028 Changes in Bank Control: NOTICES Acquisitions of Shares of a Bank or Bank Holding Agency Information Collection Activities; Proposals, Company, 48103–48104 Submissions, and Approvals: Formations of, Acquisitions by, and Mergers of Bank CDBG–DR Expenditure Deadline Extension Request Holding Companies, 48103, 48105 Template, 48118 Continuum of Care Homeless Assistance Grant Fish and Wildlife Service Application, 48118–48119 RULES Endangered and Threatened Wildlife and Plants: Designation of Critical Habitat for Diplacus Interior Department vandenbergensis (Vandenberg Monkeyflower), See Fish and Wildlife Service 48142–48170 See National Park Service

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International Trade Administration PROPOSED RULES NOTICES Endangered and Threatened Wildlife and Plants: Antidumping or Countervailing Duty Investigations, Orders, 90-Day Finding on a Petition to List the Bigeye Thresher or Reviews: Shark as Threatened or Endangered under the Cut-to-Length Carbon Steel Plate from the People’s Endangered Species Act, 48061–48069 Republic of China, 48073–48075 90-Day Finding on a Petition to List the Smooth Wooden Bedroom Furniture from the People’s Republic Hammerhead Shark as Threatened or Endangered of China, 48075–48078 under the Endangered Species Act, 48053–48061 Fish and Fish Product Import Provisions of the Marine Judicial Conference of the United States Mammal Protection Act, 48172–48198 NOTICES NOTICES Public Hearings: Agency Information Collection Activities; Proposals, Judicial Conference Advisory Committees on the Federal Submissions, and Approvals, 48078 Rules of Bankruptcy Procedure and the Federal Rules Agency Information Collection Activities; Proposals, of Evidence, 48120 Submissions, and Approvals: Alaska Community Quota Entity Program, 48078–48079 Justice Department Evaluation of State Coastal Management Program, 48078 See Drug Enforcement Administration National Park Service Labor Department NOTICES Meetings: See Employment and Training Administration Acadia National Park Advisory Commission, 48119 See Mine Safety and Health Administration NOTICES Cape Cod National Seashore Advisory Commission, Agency Information Collection Activities; Proposals, 48119–48120 Submissions, and Approvals: Personnel Management Office Guam Military Base Realignment Contractors Recruitment Standards, 48121–48122 NOTICES Temporary Labor Camps Standard, 48120–48121 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mine Safety and Health Administration Annuity Supplement Earnings Report, RI 92–22, 3206– 0194, 48125 NOTICES Affirmative Decisions on Petitions for Modification Granted Presidential Documents in Whole or in Part, 48122–48123 ADMINISTRATIVE ORDERS Export Control Regulations; Continuation of National National Aeronautics and Space Administration Emergency (Notice of August 7, 2015), 48231–48233 NOTICES Meetings: Securities and Exchange Commission NASA International Space Station Advisory Committee, NOTICES 48123 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48128–48129, 48131– National Archives and Records Administration 48132 NOTICES Meetings; Sunshine Act, 48131 Records Schedules, 48124–48125 Self-Regulatory Organizations; Proposed Rule Changes: NYSE MKT, LLC, 48129–48134 National Credit Union Administration The NASDAQ Stock Market, LLC, 48125–48128 RULES Capital Planning and Stress Testing; Schedule Shift, 48010– Small Business Administration 48013 NOTICES Disaster Declarations: National Institutes of Health Iowa, 48134 NOTICES Meetings: Substance Abuse and Mental Health Services Fogarty International Center, 48115 Administration National Institute of Allergy and Infectious Diseases, 48115 NOTICES National Institute of Mental Health, 48115–48116 Agency Information Collection Activities; Proposals, National Institute on Aging, 48114–48115 Submissions, and Approvals, 48116–48117 National Institute on Alcohol Abuse and Alcoholism, 48116 Trade Representative, Office of United States NOTICES National Oceanic and Atmospheric Administration WTO Dispute Settlement Proceedings: RULES United States – Anti-Dumping and Countervailing Fisheries of the Caribbean, Gulf of Mexico, and South Measures on Certain Coated Paper from Indonesia, Atlantic: 48134–48136 Snapper-Grouper Fishery of the South Atlantic; South Atlantic Golden Tilefish; Recreational Accountability Transportation Department Measure and Closure, 48041–48042 See Federal Aviation Administration

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Treasury Department Part III See Comptroller of the Currency Commerce Department, National Oceanic and Atmospheric See Foreign Assets Control Office Administration, 48172–48198 U.S. Customs and Border Protection NOTICES Part IV Agency Information Collection Activities; Proposals, Health and Human Services Department, Children and Submissions, and Approvals: Families Administration, 48200–48229 Cargo Container and Road Vehicle Certification for Health and Human Services Department, 48200–48229 Transport under Customs Seal, 48117–48118

Veterans Affairs Department Part V NOTICES Presidential Documents, 48231–48233 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Fee or Roster Personnel Designation, 48138–48139 Reader Aids Statement of Accredited Representative in Appealed Consult the Reader Aids section at the end of this issue for Case, 48138 phone numbers, online resources, finding aids, and notice of recently enacted public laws. Separate Parts In This Issue To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Part II listserv.access.gpo.gov and select Online mailing list Interior Department, Fish and Wildlife Service, 48142– archives, FEDREGTOC-L, Join or leave the list (or change 48170 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Administrative Orders: Notices: Notice of August 7, 2015 ...... 48233 7 CFR 301...... 48001 319...... 48002 457...... 48003 10 CFR 430...... 48004 12 CFR 702...... 48010 14 CFR 39 (4 documents) ...... 48013, 48018, 48019, 48022 15 CFR Proposed Rules: 902...... 48172 16 CFR Proposed Rules: Ch. II ...... 48043 21 CFR Proposed Rules: 1308...... 48044 24 CFR 200...... 48024 232...... 48024 34 CFR Ch. III ...... 48028 40 CFR 52 (2 documents) ...... 48033, 48036 Proposed Rules: 52 (2 documents) ...... 48051 45 CFR Proposed Rules: 95...... 48200 1355...... 48200 1356...... 48200 50 CFR 17...... 48142 622...... 48041 Proposed Rules: 216...... 48172 223 (2 documents) ...... 48053, 48061 224 (2 documents) ...... 48053, 48061

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Rules and Regulations Federal Register Vol. 80, No. 154

Tuesday, August 11, 2015

This section of the FEDERAL REGISTER in our reading room, which is located in remove the boroughs of Manhattan and contains regulatory documents having general room 1141 of the USDA South Building, Staten Island in New York City from the applicability and legal effect, most of which 14th Street and Independence Avenue list of areas quarantined for ALB. On are keyed to and codified in the Code of SW., Washington, DC. Normal reading May 12, 2014, APHIS also issued a Federal Regulations, which is published under room hours are 8 a.m. to 4:30 p.m., Federal Order 2 to immediately remove 50 titles pursuant to 44 U.S.C. 1510. Monday through Friday, except Suffolk and Norfolk Counties, MA, from The Code of Federal Regulations is sold by holidays. To be sure someone is there to the list of areas quarantined for ALB. the Superintendent of Documents. Prices of help you, please call (202) 799–7039 The removal of quarantined areas in new books are listed in the first FEDERAL before coming. both States was determined after REGISTER issue of each week. FOR FURTHER INFORMATION CONTACT: Ms. completion of control and regulatory Claudia Ferguson, Senior Regulatory activities and based on the results of at Policy Specialist, Regulatory least 3 years of negative surveys 3 of all DEPARTMENT OF AGRICULTURE Coordination and Compliance, regulated host plants within those areas. Regulations, Permits and Manuals, PPQ, As a result, restrictions on the Animal and Plant Health Inspection APHIS, 4700 River Road, Unit 133, movement of regulated articles from Service Riverdale, MD 20737–1231; (301) 851– those areas were removed. 2352; Claudia.Ferguson@ 7 CFR Part 301 Therefore, in this interim rule, we are aphis.usda.gov. amending the regulations in § 301.51– [Docket No. APHIS–2015–0016] SUPPLEMENTARY INFORMATION: 3(c) by removing the boroughs of Manhattan and Staten Island in New Amendment of Asian Longhorned Background York City and the counties of Suffolk Beetle Quarantine Areas in The Asian longhorned beetle (ALB, and Norfolk in Massachusetts from the Massachusetts and New York Anoplophora glabripennis), an insect list of areas quarantined for ALB. This AGENCY: Animal and Plant Health native to China, Japan, Korea, and the action will relieve restrictions on the Inspection Service, USDA. Isle of Hainan, is a destructive wood- movement of regulated articles from ACTION: Interim rule and request for boring pest of hardwood trees. The ALB areas no longer under ALB quarantine. comments. regulations (contained in 7 CFR 301.51– 1 through 301.51–9 and referred to Immediate Action SUMMARY: We are amending the Asian below as the regulations) restrict the Immediate action is warranted to longhorned beetle (ALB) regulations by interstate movement of regulated relieve restrictions on the movement of removing the boroughs of Manhattan articles from quarantined areas to regulated articles for ALB in the and Staten Island in New York City, as prevent the artificial spread of ALB to boroughs of Manhattan and Staten well as the counties of Suffolk and noninfested areas of the United States. Island in New York City and the In accordance with § 301.51–3(a) of Norfolk in Massachusetts, from the list counties of Suffolk and Norfolk in the regulations, quarantined areas are, of quarantined areas for ALB. These Massachusetts. Under these with certain exceptions, those States or actions are necessary to relieve circumstances, the Administrator has portions of States in which ALB has restrictions on the movement of determined that prior notice and been found by an inspector, in which regulated articles from areas no longer opportunity for public comment are the Administrator has reason to believe under ALB quarantine while preventing contrary to the public interest and that that ALB is present, or that the the artificial spread of ALB from there is good cause under 5 U.S.C. 553 Administrator considers necessary to infested areas to noninfested areas of the for making this rule effective less than United States. regulate because of its inseparability for quarantine enforcement purposes from 30 days after publication in the Federal DATES: This interim rule is effective Register. August 11, 2015. We will consider all localities where ALB has been found. We will consider comments we comments that we receive on or before Less than an entire State will be receive during the comment period for September 10, 2015. designated as a quarantined area only if (1) The Administrator determines that this interim rule (see DATES above). ADDRESSES: You may submit comments the State has adopted and is enforcing After the comment period closes, we by either of the following methods: • restrictions on the intrastate movement will publish another document in the Federal eRulemaking Portal: Go to Federal Register. The document will http://www.regulations.gov/ of regulated articles that are equivalent to those imposed on the interstate include a discussion of any comments #!docketDetail;D=APHIS-2015-0016. we receive and any amendments we are • Postal Mail/Commercial Delivery: movement of regulated articles; and (2) making to the rule. Send your comment to Docket No. the designation of less than an entire APHIS–2015–0016, Regulatory Analysis State as a quarantined area will be 2 _ and Development, PPD, APHIS, Station adequate to prevent the artificial DA–2014–21: http://www.aphis.usda.gov/plant health/plant_pest_info/asian_lhb/downloads/DA- 3A–03.8, 4700 River Road, Unit 118, interstate spread of ALB. On May 14, 2013, the Animal and 2014-21.pdf. Riverdale, MD 20737–1238. 3 Plant Health Inspection Service (APHIS) The APHIS ALB Survey Protocol is accessible on the APHIS Plant Health Web site by visiting Supporting documents and any 1 comments we receive on this docket issued a Federal Order to immediately http://www.aphis.usda.gov/wps/portal/aphis/ _ _ _ _ may be viewed at http:// ourfocus/planthealth/sa domestic pests and 1 DA–2013–17: http://www.aphis.usda.gov/plant_ diseases/ and selecting these links: Pest and Disease www.regulations.gov/ health/plant_pest_info/asian_lhb/downloads/DA- Programs>Asian Longhorned Beetle>Survey #!docketDetail;D=APHIS-2015-0016 or 2013-17.pdf. Components.

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Executive Order 12866 and Regulatory Reduction Act of 1995 (44 U.S.C. 3501 north on Hamilton Avenue to the point Flexibility Act et seq.). of beginning. This interim rule is subject to List of Subjects in 7 CFR Part 301 * * * * * Executive Order 12866. However, for Agricultural commodities, Plant Done in Washington, DC, this 5th day of this action, the Office of Management August 2015. diseases and pests, Quarantine, and Budget has waived its review under Kevin Shea, Executive Order 12866. Reporting and recordkeeping requirements, Transportation. Administrator, Animal and Plant Health In accordance with the Regulatory Inspection Service. Flexibility Act, we have analyzed the Accordingly, we are amending 7 CFR [FR Doc. 2015–19697 Filed 8–10–15; 8:45 am] potential economic effects of this action part 301 as follows: on small entities. The analysis is BILLING CODE 3410–34–P summarized below. The full analysis PART 301—DOMESTIC QUARANTINE may be viewed on the Regulations.gov NOTICES DEPARTMENT OF AGRICULTURE Web site (see ADDRESSES above for instructions for accessing ■ 1. The authority citation for part 301 Animal and Plant Health Inspection Regulations.gov) or obtained from the continues to read as follows: Service person listed under FOR FURTHER Authority: 7 U.S.C. 7701–7772 and 7781– INFORMATION CONTACT. 7786; 7 CFR 2.22, 2.80, and 371.3. 7 CFR Part 319 APHIS is amending the ALB Section 301.75–15 issued under Sec. 204, regulations by removing the boroughs of Title II, Public Law 106–113, 113 Stat. [Docket No. APHIS–2013–0059] Manhattan and Staten Island in New 1501A–293; sections 301.75–15 and 301.75– York City and Suffolk and Norfolk 16 issued under Sec. 203, Title II, Public Law RIN 0579–AD85 106–224, 114 Stat. 400 (7 U.S.C. 1421 note). Counties, MA, from the list of areas Importation of Fresh Unshu Oranges quarantined for ALB. ■ 2. In § 301.51–3, paragraph (c) is From Japan Into the United States; For more than 400 establishments amended as follows: Technical Amendment located in the boroughs of Manhattan ■ a. Under the heading for and Staten Island in New York City, as Massachusetts, by removing the entry AGENCY: Animal and Plant Health well as nearly 250 establishments in the for Suffolk and Norfolk Counties; and Inspection Service, USDA. counties of Norfolk and Suffolk in ■ b. Under the heading for New York, by ACTION: Final rule; technical Massachusetts, the interim rule will revising the entry for New York City. amendment. have a positive impact by allowing all The revision reads as follows: entities that previously had compliance SUMMARY: In a final rule published in agreements with APHIS to again offer § 301.51–3 Quarantined areas. the Federal Register on October 27, services and move regulated articles * * * * * 2014, and effective on November 26, without APHIS inspections or other (c) * * * 2014, we amended the regulations time constraints resulting from the concerning the importation of citrus quarantine. The majority of these New York fruit to remove certain restrictions on entities are nursery dealers. New York City. That area in the the importation of Unshu oranges from Under these circumstances, the boroughs of Brooklyn and Queens in the Japan. Among other amendments, we Administrator of the Animal and Plant City of New York that is bounded by a removed a requirement for joint Health Inspection Service has line beginning at the point where the inspection of the fruit at groves and determined that this action will not Brooklyn Battery Tunnel intersects the packinghouses by the Government of have a significant economic impact on Brooklyn shoreline of the East River; Japan and the Animal and Plant Health a substantial number of small entities. then east and north along the shoreline Inspection Service. As an unintended Executive Order 12372 of the East River to its intersection with consequence of removing that requirement, we effectively precluded This program/activity is listed in the the City of New York/Nassau County line; then southeast along the City of the Government of Japan from being Catalog of Federal Domestic Assistance able to meet another one of the under No. 10.025 and is subject to New York/Nassau County line to its intersection with the Grand Central requirements of the regulations, which Executive Order 12372, which requires requires oranges produced on two intergovernmental consultation with Parkway; then west on the Grand Central Parkway to the Jackie Robinson islands in Japan to be fumigated with State and local officials. (See 7 CFR part methyl bromide prior to exportation to 3015, subpart V.) Parkway; then west on the Jackie Robinson Parkway to Park Lane; then the United States, if the oranges are Executive Order 12988 south on Park Lane to Park Lane South; destined for certain commercial citrus- producing areas of the United States. This rule has been reviewed under then south and west on Park Lane South This document corrects that error. Executive Order 12988, Civil Justice to 112th Street; then south on 112th Reform. This rule: (1) Preempts all State Street to Atlantic Avenue; then west on DATES: Effective August 11, 2015. and local laws and regulations that are Atlantic Avenue to 106th Street; then FOR FURTHER INFORMATION CONTACT: Mr. inconsistent with this rule; (2) has no south on 106th Street to Liberty Avenue; David Lamb, Senior Regulatory Policy retroactive effect; and (3) does not then west on Liberty Avenue to Euclid Specialist, Regulatory Coordination and require administrative proceedings Avenue; then south on Euclid Avenue Compliance, PPQ, APHIS, 4700 River before parties may file suit in court to Linden Boulevard; then west on Road, Unit 133, Riverdale, MD 20737– challenging this rule. Linden Boulevard to Canton Avenue; 1236; (301) 851–2103. then west on Canton Avenue to the Paperwork Reduction Act SUPPLEMENTARY INFORMATION: In a final Prospect Expressway; then north and rule 1 that was published in the Federal This interim rule contains no west on the Prospect Expressway to the information collection or recordkeeping Gowanus Expressway; then north and 1 To view the rule, supporting analyses, and requirements under the Paperwork west on the Gowanus Expressway; then comments we received, go to http://

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Register on October 27, 2014 (79 FR provides that all treatments are subject either after harvest and prior to 63807–63809, Docket No. APHIS–2013– to monitoring and verification by exportation to the United States, or 0059), and effective on November 26, APHIS. upon arrival at the port of entry in 2014, we amended the regulations As a matter of APHIS policy, we Arizona, California, Florida, Hawaii, concerning the importation of citrus currently require chemical treatments Louisiana, or Texas. Fumigation will not fruit (referred to below as the performed outside the United States to be required for shipments of oranges regulations) to remove certain be monitored and certified by APHIS grown on Honshu Island or Shikoku restrictions on the importation of Unshu inspectors and do not authorize other Island, Japan, that are to be imported oranges from Japan. Among other officials to perform such functions in into States other than Arizona, changes, we removed a requirement our absence. Accordingly, when we California, Florida, Hawaii, Louisiana, from the regulations that required the recalled APHIS inspectors assigned to or Texas. oranges to be grown in export areas in the export program for Unshu oranges to * * * * * Japan that are free of citrus canker the United States from Japan, we (8) * * * (Xanthomonas citri subsp. citri, referred effectively precluded Shikoku and (ii)(A) Unshu oranges from Honshu to as Xcc), with buffer zones that are Honshu Islands from administering the Island or Shikoku Island, Japan, may not similarly free of Xcc, based on joint methyl bromide treatment required by be imported into American Samoa, inspection by the Government of Japan the regulations for citrus destined to Northern Mariana Islands, Puerto Rico, and the Animal and Plant Health Arizona, California, Florida, Hawaii, or the U.S. Virgin Islands. Inspection Service (APHIS). We also Louisiana, or Texas. We thus (B) Unshu oranges from Kyushu removed a requirement from the inadvertently prohibited the two islands Island, Japan (Prefectures of Fukuoka, regulations that required the national from shipping Unshu oranges to those Kumanmoto, Nagasaki, and Saga only) plant protection organization (NPPO) of States. that have not been fumigated in This was not our intent. Therefore, we Japan and APHIS to jointly inspect fruit accordance with part 305 of this chapter are amending the regulations to allow in the groves prior to and during may not be imported into American Unshu oranges from Shikoku or Honshu harvest, as well as in the packinghouses Samoa, Arizona, California, Florida, Islands to be fumigated with methyl during packinghouse operations. We Hawaii, Louisiana, the Northern removed these requirements in order to bromide at the port of entry into Mariana Islands, Puerto Rico, Texas, or make our regulations concerning the Arizona, California, Florida, Hawaii, the U.S. Virgin Islands. importation of Unshu oranges from Louisiana, or Texas. We are also Japan consistent with our domestic amending the regulations to allow such * * * * * regulations concerning the interstate oranges to be shipped to Arizona, Done in Washington, DC, this 5th day of movement of citrus fruit from areas California, Florida, Hawaii, Louisiana, August 2015. quarantined for citrus canker, which do or Texas without prior methyl bromide Kevin Shea, not require APHIS oversight of grove or fumigation, provided that they are Administrator, Animal and Plant Health packinghouse inspections. fumigated at the port of entry in Inspection Service. As a result of the rule, APHIS Arizona, California, Florida, Hawaii, [FR Doc. 2015–19698 Filed 8–10–15; 8:45 am] believed that its presence in Japan to Louisiana, or Texas. BILLING CODE 3410–34–P help oversee the export program for Unshu oranges to the United States was List of Subjects in 7 CFR Part 319 no longer necessary. Accordingly, we Coffee, Cotton, Fruits, Imports, Logs, DEPARTMENT OF AGRICULTURE recalled inspectors assigned to that Nursery stock, Plant diseases and pests, program to the United States. Quarantine, Reporting and Federal Crop Insurance Corporation However, our final rule retained recordkeeping requirements, Rice, provisions in the regulations that Vegetables. 7 CFR Part 457 required Unshu oranges imported from Accordingly, we are amending 7 CFR [Docket No. FCIC–14–0004] Shikoku and Honshu Islands in Japan to part 319 as follows: be fumigated with methyl bromide in RIN 0563–AC44 accordance with 7 CFR part 305 after PART 319—FOREIGN QUARANTINE harvest and prior to export to the United NOTICES Common Crop Insurance Regulations; States, if the oranges are to be imported Macadamia Tree Crop Insurance into Arizona, California, Florida, ■ 1. The authority citation for part 319 Provisions Correcting Amendment continues to read as follows: Hawaii, Louisiana, or Texas, all of AGENCY: Federal Crop Insurance which have significant commercial Authority: 7 U.S.C. 450, 7701–7772, and Corporation, USDA. citrus production. We also retained 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR ACTION: Final rule; correcting provisions of the regulations that 2.22, 2.80, and 371.3. amendment. prohibited Unshu oranges from Shikoku ■ 2. Section 319.28 is amended by or Honshu Island that have not been revising paragraphs (b)(6) and (b)(8)(ii) SUMMARY: This document contains fumigated with methyl bromide in to read as follows: necessary amendments for addressing accordance with 7 CFR part 305 from § 319.28 Notice of quarantine. potential ambiguities in the final being imported into Arizona, California, regulation for Macadamia Tree Crop Florida, Hawaii, Louisiana, or Texas. * * * * * Insurance Provisions, which was Within part 305, § 305.4 requires any (b) * * * (6) To be eligible for importation into published on April 16, 2015 (80 FR treatment performed outside of the 20407–20413). United States to be monitored and Arizona, California, Florida, Hawaii, DATES: certified by inspector or an official Louisiana, or Texas, each shipment of This rule is effective August 11, authorized by APHIS, and further oranges grown on Honshu Island or 2015. Shikoku Island, Japan, must be FOR FURTHER INFORMATION CONTACT: Tim www.regulations.gov/#!docketDetail;D=APHIS- fumigated with methyl bromide in Hoffmann, Director, Product 2013-0059. accordance with part 305 of this chapter Administration and Standards Division,

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Risk Management Agency, United States determine whether the orchard is Signed in Washington, DC, on July 31, Department of Agriculture, Beacon damaged more than 80 percent. 2015. Facility, Stop 0812, Room 421, P.O. Box Brandon Willis, List of Subjects in 7 CFR Part 457 419205, Kansas City, MO 64141–6205, Manager, Federal Crop Insurance telephone (816) 926–7730. Crop insurance, Macadamia tree, Corporation. SUPPLEMENTARY INFORMATION: Reporting and recordkeeping [FR Doc. 2015–19465 Filed 8–10–15; 8:45 am] requirements, Amendment of BILLING CODE 3410–08–P Background publication. The final regulation subject to this Accordingly, 7 CFR part 457 is amendment revised the Common Crop amended by making the following DEPARTMENT OF ENERGY Insurance Regulations, Macadamia Tree correcting amendments: Crop Insurance Provisions. The final 10 CFR Part 430 regulation was published April 16, 2015 PART 457—COMMON CROP [Docket Number EERE–2015–BT–STD– (80 FR 20407–20413). INSURANCE REGULATIONS 0017] Need for Amendment RIN 1904–AD55 ■ 1. The authority citation for 7 CFR As published, language in the final part 457 continues to read as follows: Energy Conservation Program for regulation for Macadamia Tree Crop Authority: 7 U.S.C. 1506(1) and 1506(o). Consumer Products: Definitions and Insurance Provisions may require Standards for Grid-Enabled Water ■ clarification to ensure proper 2. In § 457.130, under the heading 11. Heaters application of the policy provisions. Settlement of Claim, revise paragraphs Sections 11(b)(3)(ii)(A) and (B) of the (b)(3)(ii)(A) and (B) paragraph (c) to read AGENCY: Office of Energy Efficiency and Macadamia Tree Crop Insurance as follows: Renewable Energy, Department of Provisions may lack information or Energy. § 457.130 Macadamia tree crop insurance explanation needed to properly ACTION: Final rule. provisions. calculate an indemnity. Section 11(b)(3)(ii)(A) has been clarified to note * * * * * SUMMARY: Congress created a new definition and energy conservation that the result in this provision must 11. Settlement of Claim also be multiplied by 100 to clearly standard for grid-enabled water heaters represent the percentage of destroyed * * * * * in the Energy Efficiency Improvement trees. Section 11(b)(3)(ii)(B) states the (b) * * * Act of 2015, which amended the Energy loss adjuster must take the number of (3) * * * Policy and Conservation Act of 1975 (EPCA). The Department of Energy damaged trees and divide by the total (ii) * * * number of trees to calculate the percent (DOE) is publishing this final rule to of damage. However, the loss adjuster (A) For destroyed trees, divide the place in the Code of Federal Regulations must also determine the percent of number of trees destroyed by the total (CFR) the energy conservation damage for each damaged tree within number of trees and multiply by 100 to standards, and related definitions, and the overall loss calculation formula, calculate the percent of loss; to explain its interpretation of the new when at least some damage (rather than (B) For damaged trees: language. This final rule will implement solely complete destruction) is at issue. (1) Divide the number of trees these amendments to EPCA. As a result, a description of specific damaged by the total number of trees DATES: Effective Date: August 11, 2015. additional steps is necessary under (both damaged and undamaged) to FOR FURTHER INFORMATION CONTACT: section 11(b)(3)(ii)(B) to clarify this calculate the amount of damage; Ms. Ashley Armstrong, U.S. Department of Energy, Office of Energy issue. (2) Divide the number of damaged Efficiency and Renewable Energy, In addition, section 11(c)(1) of the scaffold limbs by the total number of Building Technologies Program, EE–2J, Macadamia Tree Crop Insurance scaffold limbs on each damaged tree to 1000 Independence Avenue SW., Provisions was revised to change the calculate the amount of damage for each Washington, DC, 20585–0121. provision from ’’ . . . over 80 percent damaged tree; actual damage due to an insured cause Telephone: (202) 586–6590. Email: of loss will be considered to be 100 (3) Total the results in (b)(3)(ii)(B)(2); [email protected]. percent damaged’’ to ’’ . . . over 80 (4) Divide the result of (b)(3)(ii)(B)(3) Ms. Johanna Hariharan, U.S. percent of the actual trees damaged or by the number of damaged trees; Department of Energy, Office of the destroyed due to an insured cause of (5) Multiply the result of General Counsel, GC–33, 1000 loss will be considered to be 100 (b)(3)(ii)(B)(1) by the result of Independence Avenue SW., percent damaged . . . ’’ This change (b)(3)(ii)(B)(4), then multiply that result Washington, DC, 20585–0121. may have appeared to require the loss by 100 to calculate the percent of loss; Telephone: (202) 287–6307. Email: adjuster to determine whether the and [email protected]. orchard was damaged more than 80 * * * * * SUPPLEMENTARY INFORMATION: percent solely by counting the number Table of Contents of trees damaged or destroyed, without (c) * * * calculating the actual damage to (1) Any orchard with damage, I. Introduction individual trees. That application was destruction, or combined damage and A. Authority not FCIC’s intent. It is FCIC’s intent that destruction, that results in a total B. Background C. New Legislation actual damage to each individual tree, percent of loss greater than 80 percent due to an insured cause of loss will be II. Summary of Final Rule in addition to the total number and A. Standards for Grid-Enabled Water percentage of actual damaged trees, are considered to be 100 percent damaged Heaters both used among other factors (such as and/or destroyed; and B. Enforcement Provisions for Grid- destroyed trees when applicable) to * * * * * Enabled Water Heaters

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III. Procedural Issues and Regulatory Review Covered products generally include B. Background A. Review Under the Administrative 3 water heaters. (42 U.S.C. 6292(a)(4)) EPCA prescribed energy conservation Procedure Act EPCA authorizes the Department of B. Review Under Executive Orders 12866 standards for residential water heaters and 13563 Energy (‘‘Department’’ or ‘‘DOE’’) to and directed DOE to conduct C. Review Under the Regulatory Flexibility implement EPCA by ‘‘prescrib[ing] rulemakings to determine whether to Act amended or new energy conservation amend these standards. Pursuant to 42 D. Review Under the Paperwork Reduction standards’’ for covered products, U.S.C. 6295(m), DOE must also Act establishing test protocols for measuring periodically review its already E. Review Under the National products’ performance vis a` vis established energy conservation Environmental Policy Act of 1969 conservation standards, setting labeling F. Review Under Executive Order 13132 standards for a covered product. Under G. Review Under Executive Order 12988 requirements, etc. (42 U.S.C. 6293, 6294, this requirement, DOE would need to H. Review Under the Unfunded Mandates 6295, 6296) The Department is undertake its periodic review no later Reform Act of 1995 authorized to ‘‘issue such rules as [it] than six years from the issuance of a I. Review Under the Treasury and General deems necessary to carry out the final rule establishing or amending a Government Appropriations Act, 1999 provisions’’ of EPCA. (42 U.S.C. 6298) standard for a covered product. J. Review Under Executive Order 12630 On April 16, 2010, DOE published a The Energy Efficiency Improvement K. Review Under the Treasury and General final rule in the Federal Register Act of 2015 (EEIA 2015) (Pub. L. 114– Government Appropriations Act, 2001 amending the energy conservation L. Review Under Executive Order 13211 11–210) was enacted on April 30, 2015. M. Review Under the Information Quality standards for residential water heaters Among other things, Title II of EEIA for a second time (hereinafter ‘‘April Bulletin for Peer Review 2015 adds the definition of ‘‘grid- IV. Approval of the Office of the Secretary 2010 final rule’’). 75 FR 20111. The enabled water heaters’’ to EPCA’s updated standards maintained the I. Introduction energy conservation standards for existing product structure, dividing The following section briefly residential water heaters. These water heaters based on the type of discusses the statutory authority DOE is products are intended for use as part of energy used (i.e., gas, oil, or electricity) interpreting in this rule, as well as some an electric thermal storage or demand and whether the water heater is a of the relevant historical background response program. Among the criteria storage, instantaneous, or tabletop related to the establishment of standards that define ‘‘grid-enabled water heaters’’ model, but also differentiated standard for residential water heaters. is an energy-related performance levels for electric and gas-fired storage standard that is either an energy factor water heaters based on whether the A. Authority specified by a formula set forth in the rated storage volume is greater than 55 Part B of Title III of the Energy Policy statute, or an equivalent alternative gallons, or less than or equal to 55 and Conservation Act 1 (42 U.S.C. 6291 standard that DOE may prescribe. In gallons. Compliance with the energy et seq.; hereinafter ‘‘EPCA’’), establishes addition, EEIA’s amendments to EPCA conservation standards contained in the the ‘‘Energy Conservation Program for direct DOE to require reporting on April 2010 final rule was required Consumer Products Other Than shipments and activations of grid- starting on April 16, 2015. Automobiles,’’ under which the enabled water heaters and to establish Table I.11 presents the Federal energy Department of Energy (and in some procedures, if appropriate, to prevent conservation standards for residential cases the statute) sets energy product diversion for non-program water heaters, amended in the April conservation standards for a variety of purposes. 2010 final rule, which are set forth in 10 products called ‘‘covered products.’’ 2 CFR 430.32(d).

TABLE I.1—AMENDED FEDERAL ENERGY CONSERVATION STANDARDS FOR RESIDENTIAL WATER HEATERS ESTABLISHED BY APRIL 2010 FINAL RULE

Product description Energy factor as of April 16, 2015

Gas-fired Water Heater ...... For tanks with a Rated Storage Volume at or below 55 gallons: EF = 0.675¥(0.0015 × Rated Storage Volume in gallons). For tanks with a Rated Storage Volume above 55 gallons: EF = 0.8012¥(0.00078 × Rated Storage Volume in gallons). Oil-fired Water Heater ...... EF = 0.68 ¥ (0.0019 × Rated Storage Volume in gallons). Electric Water Heater ...... For tanks with a Rated Storage Volume at or below 55 gallons: EF = 0.960¥(0.0003 × Rated Storage Volume in gallons). For tanks with a Rated Storage Volume above 55 gallons: EF = 2.057¥(0.00113 × Rated Storage Volume in gallons). Tabletop Water Heater ...... EF = 0.93¥(0.00132 × Rated Storage Volume in gallons). Instantaneous Gas-Fired Water Heater ...... EF = 0.82¥(0.0019 × Rated Storage Volume in gallons). Instantaneous Electric Water Heater ...... EF = 0.93¥(0.00132 × Rated Storage Volume in gallons).

After DOE issued the April 2010 final effect on electric thermal storage (ETS) or demand response programs, to rule, several stakeholders expressed programs. Utilities use ETS programs, manage peak demand load by limiting concern about April 2010 final rule’s sometimes also known as load shifting the times when certain appliances are

1 All references to EPCA in this document refer 2 For editorial reasons, upon codification in the 3 The statute excludes ‘‘those consumer products to the statute as amended through the Energy U.S. Code, Part B was re-designated Part A. designed solely for use in recreational vehicles and Efficiency Improvement Act of 2015, Public Law other mobile equipment.’’ 42 U.S.C. 6292(a). 112–210 (Apr. 30, 2015).

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operated. In certain water-heater based C. New Legislation capacity electric resistance water ETS programs, a utility typically Congress enacted EEIA 2015 to heaters for use in utility operated controls a water heater remotely to address the use of large capacity electric thermal storage and demand response allow operation only when electricity resistance water heaters in thermal programs. To do so, Congress defined a demand is during off-peak hours. storage and demand response systems separate grouping of water heaters for During that off-peak operation, the operated by electric utilities. this use and stated the energy electricity consumed is stored by the Specifically, EEIA 2015 amended EPCA conservation standard that would be water heater as thermal energy for use to establish a category of water heater applicable to water heaters in this during peak hours when the utility called ‘‘grid enabled water heaters.’’ As group. Congress also made clear that prevents the water heater from using detailed below, a ‘‘grid enabled water DOE is to monitor that such water electricity. heater’’ is defined as an electric heaters are used only for the purpose Stakeholders told the Department that resistance water heater made after April stated and that DOE could take steps to large-volume water heaters are 16, 2015, with a tank over 75 gallons, an address diversion to other uses of water heaters within this category, including a important for water heater-based ETS activation lock installed at manufacture, determination that separate energy programs because a larger-volume and a label. The water heater must also conservation standards are no longer product permits the storage of enough satisfy an energy-efficiency criterion— necessary. hot water to satisfy a consumer’s needs either an ‘‘energy factor’’ determined by In that Congress clearly intended to through the peak hours. Utility a certain formula or ‘‘an equivalent ensure continued availability of certain companies also asserted that ETS alternative standard prescribed by the large capacity water heaters for use in programs are feasible only with electric Secretary and developed pursuant to’’ ETS and demand response programs, resistance water heaters, as opposed to 42 U.S.C. 6295(e)(5)(E). A manufacturer DOE notes that its interpretation of EEIA heat pump water heaters. In light of can provide the activation key for a grid- 2015 is consistent with the intended these two conditions, stakeholders said, enabled heater only to a utility using it outcome of its earlier rulemaking. DOE’s the April 2010 final rule could impair in a thermal storage or demand response existing standards, which took effect on water heater-based ETS programs program. In addition, DOE is to require April 16, 2015, would require a because the rule effectively precludes manufacturers to report data on their residential electric resistance water the manufacture of large-volume electric sales of grid-enabled heaters, and the heater with a capacity over 55 gallons to resistance heaters. The minimum energy Department can in appropriate circumstances establish procedures to have an energy factor that is currently factor that the Department set for prevent product diversion for non- achievable for an electric heater only by electric water heaters above 55 gallons program purposes. These provisions using heat pump technology, and not is higher than electric resistance heaters regarding grid-enabled water heaters solely by use of electric resistance can meet. will remain in effect unless and until elements. Stakeholders had told DOE In February 2013, DOE proposed a DOE determines that they do not require they considered large-capacity electric rule that would have established a a separate efficiency requirement or that resistance heaters important for ETS mechanism for utilities and water heater efforts to prevent diversion of the water programs and urged DOE to amend the manufacturers to request exemptions heaters are ineffective. Finally, in standard to permit continued from the new standards for large-volume making standards in general for electric manufacture of the heaters for that electric water heaters. The Department water heaters, DOE must consider the purpose. As such, Congress enacted then commissioned studies of the impact on thermal storage and demand EEIA 2015 to remedy this issue through performance of electric heaters with response programs. establishing a separate grouping of heat pumps (a technology capable of While not explicit on the face of the water heaters, ensuring that grid- satisfying the new standard) in ETS statute, DOE interprets EEIA 2015 as enabled water heaters would be used programs. After receiving reports that having established a category of water only for ETS programs. concluded heat pumps are technically heaters subject to their own energy Table I.2 presents the below presents feasible in existing ETS programs, the conservation standard. It is apparent the new standards Congress laid out in Department withdrew its proposed rule that Congress intended to ensure the EEIA 2015 for grid-enabled water on April 3, 2015. continued availability of certain large heaters.

TABLE I.2—AMENDED FEDERAL ENERGY CONSERVATION STANDARDS FOR GRID-ENABLED WATER HEATERS ESTABLISHED BY EEIA 2015

Product description Energy factor as of April 30, 2015

Grid-Enabled Water Heaters ...... For tanks with a Rated Storage Volume above 75 gallons: EF = 1.061¥(0.00168 × Rated Storage Volume in gallons).

II. Summary of Final Rule permit the continued manufacture of enabled water heaters’’ and setting an DOE is placing the new energy grid-enabled water heaters after that energy conservation standard for those conservation standards and related date, provided the water heaters meet products. DOE notes that continued definitions for grid-enabled water the criteria established in the manufacture of grid-enabled water heaters into 10 CFR part 430 (‘‘Energy amendment. DOE is also explaining its heaters has been legal under EPCA since Conservation Program for Consumer interpretation of some of the new April 30, 2015, and that this notice Products’’). This final rule codifies EEIA language in EPCA regarding grid- simply places that language into DOE’s 2015, which established the energy enabled water heaters. DOE reads the codified regulations. This notice also conservation standards for grid-enabled new provisions as establishing a provides a summary of the amendments water heaters on April 30, 2015 to category of water heaters called ‘‘grid-

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EEIA 2015 made to EPCA, with respect to develop another mechanism through the requirement to provide prior notice to grid-enabled water heaters. a notice-and-comment rulemaking. DOE and an opportunity for public comment must treat all information received as such procedure is unnecessary in that A. Standards for Grid-Enabled Water under these provisions as confidential DOE has no authority to amend the Heaters business information. statute. The EEIA 2015 amendments to EPCA The EEIA 2015 instructs the B. Review Under Executive Orders became effective on April 30, 2015. The Department to publish in 2017 and 2019 12866 and 13563 new provisions constitute the new 42 analyses of the manufacturer and U.S.C. 6295(e)(6), appended to the operator data to assess the extent to This final rule is not a ‘‘significant subsection that details the standards which shipped products are put into use regulatory action’’ under section 3(f) of program for residential water heaters. in demand response and thermal storage Executive Order 12866, ‘‘Regulatory As amended, EPCA defines a ‘‘grid- programs. If DOE finds that sales of the Planning and Review.’’ 58 FR 51735 enabled water heater’’ as an electric products exceed by 15 percent or greater (Oct. 4, 1993). Accordingly, DOE is not resistance water heater that: the numbers activated annually, it can required under section 6(a)(3) of the (I) Has a rated storage tank volume of establish procedures to prevent product Executive Order to prepare a regulatory more than 75 gallons; diversion for non-program purposes. impact analysis (RIA) on today’s rule (II) is manufactured on or after April Pursuant to EEIA 2015, the preceding and the Office of Information and 16, 2015; provisions remain in effect until the Regulatory Affairs (OIRA) in the Office (III) has an energy factor of not less Secretary determines that grid-enabled of Management and Budget (OMB) is than 1.061 minus the product of 0.00168 water heaters do not require a separate not required to review this rule. times the tank’s rated storage volume (in efficiency requirement or that sales DOE has also reviewed this regulation gallons); or an equivalent alternative exceed activations by more than 15 pursuant to Executive Order 13563. 76 standard prescribed by the Secretary percent and procedures to prevent FR 3281 (Jan. 21, 2011). Executive Order and developed pursuant to paragraph product diversion for non-program 13563 is supplemental to and explicitly (5)(E); purposes would not be adequate. The reaffirms the principles, structures, and (IV) is equipped at the point of statute also states that in carrying out definitions governing regulatory review manufacture with an activation lock; this section with respect to electric established in Executive Order 12866. To the extent permitted by law, agencies and water heaters, DOE must consider the (V) has a label meeting certain criteria are required by Executive Order 13563 impact on thermal storage and demand for permanence and states, using text set to: (1) Propose or adopt a regulation response programs. DOE is to require by the statute, that the water heater is only upon a reasoned determination that grid-enabled water heaters be intended only for use as part of an that its benefits justify its costs equipped with communication electric thermal storage or demand (recognizing that some benefits and capability to participate in ancillary response program. costs are difficult to quantify); (2) tailor services programs if such technology is DOE at this time declines to develop regulations to impose the least burden available, practical, and cost-effective. such an equivalent standard through a on society, consistent with obtaining lengthy notice and comment rulemaking B. Enforcement Provisions for Grid- regulatory objectives, taking into process, and is therefore codifying the Enabled Water Heaters account, among other things, and to the standard established in EEIA 2015 also amended EPCA’s list extent practicable, the costs of § 6295(e)(6)(A)(ii)(III)(aa) as an energy cumulative regulations; (3) select, in of prohibited acts in 42 U.S.C. 6302(a) factor of not less than 1.061 minus the choosing among alternative regulatory to include additional authority for DOE product of 0.00168 times the tank’s approaches, those approaches that to enforce standards for grid-enabled rated storage volume (in gallons). maximize net benefits (including water heaters so they are used EPCA, as amended, also defines an potential economic, environmental, exclusively in ETS programs. Under ‘‘activation lock’’ as a control public health and safety, and other EPCA, certain actions, including mechanism that is locked by default and advantages; distributive impacts; and activating an activation lock, must be activated with an activation key equity); (4) to the extent feasible, specify distributing an activation key, or to enable the product to operate at its performance objectives, rather than otherwise enabling a grid-enabled water designed specifications and capabilities. specifying the behavior or manner of heater to operate, with the knowledge A manufacturer can provide the compliance that regulated entities must that the grid-enabled water heater will activation key for the activation lock on adopt; and (5) identify and assess not be used as part of an electric thermal a grid-enabled heater only to a utility or available alternatives to direct storage or demand response program. In other company that operates an electric regulation, including providing addition, removing a grid-enabled water thermal storage or demand response economic incentives to encourage the heater label, or rendering it program that uses such grid-enabled desired behavior, such as user fees or unintelligible, is also prohibited. water heater. marketable permits, or providing EPCA also mandates the Department III. Procedural Issues and Regulatory information upon which choices can be to require each grid-enabled water Review made by the public. heater manufacturer to report annually DOE emphasizes as well that the quantity of grid-enabled water A. Review Under the Administrative Executive Order 13563 requires agencies heaters shipped each year. Likewise, Procedure Act to use the best available techniques to operators of demand response and/or This final rule provides DOE’s quantify anticipated present and future thermal storage systems must report the interpretation of EEIA 2015, and is not benefits and costs as accurately as quantity of grid-enabled water heaters subject to the requirement to provide possible. In its guidance, the Office of that are activated, using Energy prior notice and an opportunity for Information and Regulatory Affairs has Information Agency (EIA) forms, or public comment pursuant to authority at emphasized that such techniques may another mechanism that DOE creates 5 U.S.C. 553(b)(A). To the extent that include identifying changing future through a notice-and-comment this final rule codifies, verbatim, EEIA compliance costs that might result from rulemaking. At this time, DOE declines 2015, DOE finds good cause to waive technological innovation or anticipated

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behavioral changes. For the reasons number 1910–1400. Public reporting it will follow in the development of stated in the preamble, DOE believes burden for the certification is estimated such regulations. 65 FR 13735. EPCA that this final rule is consistent with to average 30 hours per response, governs and prescribes Federal these principles, including the including the time for reviewing preemption of State regulations as to requirement that, to the extent instructions, searching existing data energy conservation for the products permitted by law, benefits justify costs sources, gathering and maintaining the that are the subject of today’s final rule. and that net benefits are maximized. data needed, and completing and States can petition DOE for exemption reviewing the collection of information. from such preemption to the extent, and C. Review Under the Regulatory The Energy Efficiency Improvement based on criteria, set forth in EPCA. (42 Flexibility Act Act of 2015 also requires manufacturers U.S.C. 6297) No further action is The Regulatory Flexibility Act (5 of grid-enabled water heaters to report required by Executive Order 13132. U.S.C. 601 et seq.) requires preparation to DOE annually the quantity of grid- of an initial regulatory flexibility enabled water heaters that the G. Review Under Executive Order 12988 analysis (IRFA) for any rule that by law manufacturer ships each year. It also With respect to the review of existing must be proposed for public comment, requires operators of demand response regulations and the promulgation of unless the agency certifies that the rule, and/or thermal storage systems to report new regulations, section 3(a) of if promulgated, will not have a annually the quantity of grid-enabled Executive Order 12988, ‘‘Civil Justice significant economic impact on a water heaters activated for their Reform,’’ imposes on Federal agencies substantial number of small entities. As programs. the general duty to adhere to the required by Executive Order 13272, following requirements: (1) Eliminate ‘‘Proper Consideration of Small Entities E. Review Under the National drafting errors and ambiguity; (2) write in Agency Rulemaking,’’ 67 FR 53461 Environmental Policy Act of 1969 regulations to minimize litigation; and (August 16, 2002), DOE published Pursuant to the National (3) provide a clear legal standard for procedures and policies on February 19, Environmental Policy Act (NEPA) of affected conduct rather than a general 2003, to ensure that the potential 1969, DOE has determined that the rule standard and promote simplification impacts of its rules on small entities are fits within the category of actions and burden reduction. 61 FR 4729 (Feb. properly considered during the included in Categorical Exclusion (CX) 7, 1996). Section 3(b) of Executive Order rulemaking process. 68 FR 7990. DOE B5.1 and otherwise meets the 12988 specifically requires that has made its procedures and policies requirements for application of a CX. Executive agencies make every available on the Office of the General See 10 CFR part 1021, App. B, B5.1(b); reasonable effort to ensure that the Counsel’s Web site (http://energy.gov/ 1021.410(b) and Appendix B, B(1)–(5). regulation: (1) Clearly specifies the gc/office-general-counsel). DOE is The rule fits within the category of preemptive effect, if any; (2) clearly revising the Code of Federal Regulations actions because it is a rulemaking that specifies any effect on existing Federal to incorporate, without substantive clarifies the applicability of energy law or regulation; (3) provides a clear change, energy conservation standards conservation standards for consumer legal standard for affected conduct prescribed by Congress in the Energy products, and for which none of the while promoting simplification and Efficiency Improvement Act of 2015. exceptions identified in CX B5.1(b) burden reduction; (4) specifies the Because this is a technical amendment apply. Therefore, DOE has made a CX retroactive effect, if any; (5) adequately for which a general notice of proposed determination for this rulemaking, and defines key terms; and (6) addresses rulemaking is not required, the DOE does not need to prepare an other important issues affecting clarity analytical requirements of the Environmental Assessment or and general draftsmanship under any Regulatory Flexibility Act do not apply Environmental Impact Statement for guidelines issued by the Attorney to this rulemaking. this rule. DOE’s CX determination for General. Section 3(c) of Executive Order this proposed rule is available at http:// 12988 requires Executive agencies to D. Review Under the Paperwork cxnepa.energy.gov/. review regulations in light of applicable Reduction Act standards in section 3(a) and section F. Review Under Executive Order 13132 Manufacturers of residential water 3(b) to determine whether they are met heaters, including grid-enabled water Executive Order 13132, ‘‘Federalism.’’ or it is unreasonable to meet one or heaters, must certify to DOE that their 64 FR 43255 (Aug. 10, 1999) imposes more of them. DOE has completed the products comply with any applicable certain requirements on Federal required review and determined that, to energy conservation standards. In agencies formulating and implementing the extent permitted by law, this final certifying compliance, manufacturers policies or regulations that preempt rule meets the relevant standards of must test their products according to the State law or that have Federalism Executive Order 12988. DOE test procedures for residential implications. The Executive Order water heaters, including any requires agencies to examine the H. Review Under the Unfunded amendments adopted for those test constitutional and statutory authority Mandates Reform Act of 1995 procedures. DOE has established supporting any action that would limit Title II of the Unfunded Mandates regulations for the certification and the policymaking discretion of the Reform Act of 1995 (UMRA) requires recordkeeping requirements for all States and to carefully assess the each Federal agency to assess the effects covered consumer products and necessity for such actions. The of Federal regulatory actions on State, commercial equipment, including Executive Order also requires agencies local, and Tribal governments and the residential water heaters. 76 FR 12422 to have an accountable process to private sector. Public Law 104–4, sec. (March 7, 2011). The collection-of- ensure meaningful and timely input by 201 (codified at 2 U.S.C. 1531). For a information requirement for the State and local officials in the regulatory action likely to result in a certification and recordkeeping is development of regulatory policies that rule that may cause the expenditure by subject to review and approval by OMB have Federalism implications. On State, local, and Tribal governments, in under the Paperwork Reduction Act March 14, 2000, DOE published a the aggregate, or by the private sector of (PRA). This requirement has been statement of policy describing the $100 million or more in any one year approved by OMB under OMB control intergovernmental consultation process (adjusted annually for inflation), section

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202 of UMRA requires a Federal agency 8452 (Feb. 22, 2002), and DOE’s important public policies or private to publish a written statement that guidelines were published at 67 FR sector decisions. 70 FR 2667. estimates the resulting costs, benefits, 62446 (Oct. 7, 2002). DOE has reviewed In response to OMB’s Bulletin, DOE and other effects on the national this final rule under the OMB and DOE conducted formal in-progress peer economy. (2 U.S.C. 1532(a), (b)) The guidelines and has concluded that it is reviews of the energy conservation UMRA also requires a Federal agency to consistent with applicable policies in standards development process and develop an effective process to permit those guidelines. analyses and has prepared a Peer timely input by elected officers of State, Review Report pertaining to the energy local, and Tribal governments on a L. Review Under Executive Order 13211 conservation standards rulemaking proposed ‘‘significant intergovernmental Executive Order 13211, ‘‘Actions analyses. Generation of this report mandate,’’ and requires an agency plan Concerning Regulations That involved a rigorous, formal, and for giving notice and opportunity for Significantly Affect Energy Supply, documented evaluation using objective timely input to potentially affected Distribution, or Use’’ 66 FR 28355 (May criteria and qualified and independent small governments before establishing 22, 2001), requires Federal agencies to reviewers to make a judgment as to the any requirements that might prepare and submit to OIRA at OMB, a technical/scientific/business merit, the significantly or uniquely affect small Statement of Energy Effects for any actual or anticipated results, and the governments. On March 18, 1997, DOE proposed significant energy action. A productivity and management published a statement of policy on its ‘‘significant energy action’’ is defined as effectiveness of programs and/or process for intergovernmental any action by an agency that projects. The ‘‘Energy Conservation consultation under UMRA. 62 FR promulgates or is expected to lead to Standards Rulemaking Peer Review 12820. DOE’s policy statement is also promulgation of a final rule, and that: Report’’ dated February 2007 has been available at http://energy.gov/gc/office- (1) Is a significant regulatory action disseminated and is available at the general-counsel. under Executive Order 12866, or any following Web site: This final rule does not contain a successor order; and (2) is likely to have www1.eere.energy.gov/buildings/ Federal intergovernmental mandate, and a significant adverse effect on the appliance_standards/peer_review.html. will not require expenditures of $100 supply, distribution, or use of energy, or million or more on the private sector. IV. Approval of the Office of the (3) is designated by the Administrator of Secretary Accordingly, no further action is OIRA as a significant energy action. For required under the UMRA. any significant energy action, the agency The Secretary of Energy has approved publication of this final rule. I. Review Under the Treasury and must give a detailed statement of any General Government Appropriations adverse effects on energy supply, List of Subjects in 10 CFR Part 430 Act, 1999 distribution, or use should the proposal be implemented, and of reasonable Administrative practice and Section 654 of the Treasury and alternatives to the action and their procedure, Confidential business General Government Appropriations expected benefits on energy supply, information, Energy conservation, Act, 1999 (Pub. L. 105–277) requires distribution, and use. This final rule Household appliances, Imports, Federal agencies to issue a Family would not have a significant adverse Intergovernmental relations, Small Policymaking Assessment for any rule effect on the supply, distribution, or use businesses. that may affect family well-being. This of energy and, therefore, is not a Issued in Washington, DC, on August 4, final rule would not have any impact on significant energy action. Accordingly, 2015. the autonomy or integrity of the family DOE has not prepared a Statement of Kathleen B. Hogan, as an institution. Accordingly, DOE has Energy Effects. Deputy Assistant Secretary for Energy concluded that it is not necessary to Efficiency, Energy Efficiency and Renewable prepare a Family Policymaking M. Review Under the Information Energy. Assessment. Quality Bulletin for Peer Review For the reasons set forth in the J. Review Under Executive Order 12630 On December 16, 2004, OMB, in preamble, DOE amends part 430 of DOE has determined, under Executive consultation with the Office of Science chapter II, of title 10 of the Code of Order 12630, ‘‘Governmental Actions and Technology Policy (OSTP), issued Federal Regulations, to read as set forth and Interference with Constitutionally its Final Information Quality Bulletin below: Protected Property Rights’’ 53 FR 8859 for Peer Review (the Bulletin). 70 FR (Mar. 18, 1988), that this regulation 2664 (Jan. 14, 2005). The Bulletin PART 430—ENERGY CONSERVATION would not result in any takings that establishes that certain scientific PROGRAM FOR CONSUMER might require compensation under the information shall be peer reviewed by PRODUCTS Fifth Amendment to the U.S. qualified specialists before it is ■ 1. The authority citation for part 430 Constitution. disseminated by the Federal Government, including influential continues to read as follows: K. Review Under the Treasury and scientific information related to agency Authority: 42 U.S.C. 6291–6309; 28 U.S.C. General Government Appropriations regulatory actions. The purpose of the 2461 note. Act, 2001 bulletin is to enhance the quality and ■ 2. Section 430.2 is amended by adding Section 515 of the Treasury and credibility of the Government’s the definitions of ‘‘activation lock’’ and General Government Appropriations scientific information. Under the ‘‘grid-enabled water heater’’ in Act, 2001 (44 U.S.C. 3516, note) Bulletin, the energy conservation alphabetical order to read as follows: provides for Federal agencies to review standards rulemaking analyses are most disseminations of information to ‘‘influential scientific information,’’ § 430.2 Definitions. the public under guidelines established which the Bulletin defines as scientific * * * * * by each agency pursuant to general information the agency reasonably can Activation lock means a control guidelines issued by OMB. OMB’s determine will have, or does have, a mechanism (either by a physical device guidelines were published at 67 FR clear and substantial impact on directly on the water heater or a control

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system integrated into the water heater) (3) Is equipped at the point of activated by your utility company or that is locked by default and contains a manufacture with an activation lock another program operator. Confirm the physical, software, or digital and; availability of a program in your local communication that must be activated (4) Bears a permanent label applied by area before purchasing or installing this with an activation key to enable to the the manufacturer that— product.’’ product to operate at its designed (i) Is made of material not adversely * * * * * specifications and capabilities and affected by water; ■ 3. Section 430.32 is amended by without which the activation of the (ii) Is attached by means of non-water- revising paragraph (d) to read as product will provide not greater than 50 soluble adhesive; and follows: percent of the rated first hour delivery (iii) Advises purchasers and end-users of hot water certified by the of the intended and appropriate use of § 430.32 Energy and water conservation manufacturer. the product with the following notice standards and their compliance dates. * * * * * printed in 16.5 point Arial Narrow Bold * * * * * Grid-enabled water heater means an font: ‘‘IMPORTANT INFORMATION: (d) Water heaters and grid-enabled electric resistance water heater that— This water heater is intended only for water heaters—(1) Water heaters. The (1) Has a rated storage tank volume of use as part of an electric thermal storage energy factor of water heaters shall not more than 75 gallons; or demand response program. It will not be less than the following for products (2) Is manufactured on or after April provide adequate hot water unless manufactured on or after the indicated 16, 2015; enrolled in such a program and dates.

Energy factor as of January 20, Product class Storage volume 2004 Energy factor as of April 16, 2015

Gas-fired Storage ≥20 gallons and ≤100 0.67¥(0.0019 × Rated Storage For tanks with a Rated Storage Volume at or below 55 Water Heater. gallons. Volume in gallons). gallons: EF = 0.675¥(0.0015 × Rated Storage Volume in gallons). For tanks with a Rated Storage Volume above 55 gal- lons: EF = 0.8012¥(0.00078 × Rated Storage Volume in gallons). Oil-fired Storage Water ≤50 gallons ...... 0.59¥(0.0019 × Rated Storage EF = 0.68¥(0.0019 × Rated Storage Volume in gallons). Heater. Volume in gallons). Electric Storage Water ≥20 gallons and ≤120 0.97¥(0.00132 × Rated Storage For tanks with a Rated Storage Volume at or below 55 Heater. gallons. Volume in gallons). gallons: EF = 0.960¥(0.0003 × Rated Storage Volume in gallons). For tanks with a Rated Storage Volume above 55 gal- lons: EF = 2.057¥(0.00113 × Rated Storage Volume in gallons). Tabletop Water Heater ≥20 gallons and ≤120 0.93¥(0.00132 × Rated Storage EF = 0.93¥(0.00132 × Rated Storage Volume in gal- gallons. Volume in gallons). lons). Instantaneous Gas- <2 gallons ...... 0.62¥(0.0019 × Rated Storage EF = 0.82¥(0.0019 × Rated Storage Volume in gallons). fired Water Heater. Volume in gallons). Instantaneous Electric <2 gallons ...... 0.93¥(0.00132 × Rated Storage EF = 0.93¥(0.00132 × Rated Storage Volume in gal- Water Heater. Volume in gallons). lons). Note: The Rated Storage Volume equals the water storage capacity of a water heater, in gallons, as certified by the manufacturer.

Exclusions: The energy conservation NATIONAL CREDIT UNION FOR FURTHER INFORMATION CONTACT: standards shown in this paragraph do ADMINISTRATION Marvin Shaw, Staff Attorney, Office of not apply to the following types of water General Counsel, 1775 Duke Street, heaters: Gas-fired, oil-fired, and electric 12 CFR Part 702 Alexandria, VA 22314 or telephone water heaters at or above 2 gallons (703) 518–6553; or Jeremy Taylor or storage volume and below 20 gallons RIN 3133–AE44 Dale Klein, Senior Capital Markets storage volume; gas-fired water heaters Specialists, Office of National above 100 gallons storage volume; oil- Capital Planning and Stress Testing— Examinations and Supervision, at the fired water heaters above 50 gallons Schedule Shift above address or telephone (703) 518– storage volume; electric water heaters AGENCY: National Credit Union 6640. above 120 gallons storage volume; gas- Administration (NCUA). SUPPLEMENTARY INFORMATION: fired instantaneous water heaters at or ACTION: below 50,000 Btu/h; and grid-enabled Final rule. Table of Contents water heaters. SUMMARY: The NCUA Board (Board) is I. Background (2) Grid-enabled water heaters. The issuing amendments to the regulation II. Proposed Amendments energy factor of grid-enabled water governing credit union capital planning III. Regulatory Procedures heaters, as of April 30, 2015, shall not and stress testing. The amendments I. Background be less than 1.06¥(0.00168 × Rated adjust the timing of certain events in the Storage Volume in gallons). capital planning and stress testing In April 2014, the Board issued a final * * * * * cycles. The revisions to the regulation rule requiring capital planning and [FR Doc. 2015–19643 Filed 8–10–15; 8:45 am] become effective January 1, 2016. stress testing for federally insured credit BILLING CODE 6450–01–P DATES: The final rule is effective January unions (FICUs) with assets of $10 1, 2016.

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billion or more.1 Capital planning to February 28. In addition, the Board stress test scenarios. A covered credit requires covered credit unions to assess proposed to apply a more uniform fixed union’s capital planning should be part their financial condition and risks over annual timeline for both capital of long-term strategic planning the planning horizon under both planning and stress testing required formulated on the basis of the credit expected and unfavorable conditions. under the rule. It also proposed to union’s business purposes and risk Annual supervisory stress testing allows reword several provisions in the rule to exposures. NCUA to obtain an independent test of clarify their meaning. The Board Nevertheless, the Board understands these credit unions under stress requested comment on all aspects of the that covered credit unions may want to scenarios. By setting a regulatory proposal. know what scenarios concern regulators minimum capital ratio under stress, the NCUA received eight comments on before completing their annual capital April 2014 final rule requires covered the proposal to modify the capital planning process. Accordingly, after credit unions to take corrective action planning and stress testing reviewing the comments, this final rule before they become undercapitalized to requirements, including comments from amends the capital planning and stress an extent that may cause a risk of loss national trade associations, a state credit testing rule in part 702 to establish a to the National Credit Union Share union league, federal credit unions, and due date of May 31 rather than April 30 Insurance Fund (NCUSIF). federally insured, state-chartered credit for covered credit unions to submit their The April 2014 final rule provided unions. All commenters stated that they capital plans. This change will provide several timeframes for the formulation understood the need for the rule and covered credit unions with five months and submission of capital plans and for that it is appropriate for NCUA to be from the as-of date (and three months the stress testing of covered credit consistent with the banking agencies’ from the scenario release date) to unions. One critical date in the stress capital planning and stress testing prepare their capital plans, as testing process is the date NCUA requirements. commenters requested. releases the baseline, adverse, and Nevertheless, commenters objected to The Board acknowledges that covered severely adverse economic scenarios what they considered to be a credit unions may encounter resource that serve as basis for the testing. NCUA ‘‘compressed’’ capital planning constraints prior to putting in place plans to base the scenarios on those schedule set out in the proposal. The independent risk management and developed by the Board of Governors of commenters objected on various reporting functions. NCUA also expects the Federal Reserve System, the Federal grounds, including that the capital that some credit unions currently under Deposit Insurance Corporation, and the planning process is complex and that a the $10 billion threshold will grow Office of the Comptroller of the credit union would need input from larger than $10 billion, and the Board Currency (collectively, the banking senior management and the credit does not want to impose undue agencies) for their regulated union’s board of directors on stress regulatory burden on these newly institutions.2 At the time the Board testing and capital planning. Further, covered credit unions. issued NCUA’s April 2014 final rule, the commenters stated that an as-of date of One commenter requested that the banking agencies were scheduled to December 31, a date which triggers Board move the scenario release date to provide scenarios for their regulated numerous other reporting requirements, be earlier than February 28. However, institutions by November 15 each year.3 would result in logistical and resource this would not allow NCUA reasonable The banking agencies subsequently allocation problems. Commenters’ time to review the scenarios released by moved their scenario release dates three primary objection was that they the banking agencies. The Board has months later, to the following February believed the schedule would be therefore retained the February 28 15.4 The Board believes it is important compressed if capital plans were due on release date. that scenarios used for credit union April 30 (i.e., four months after the as- Several commenters requested that stress testing conform to those used by of date instead of five months after the other milestone dates in capital the banking agencies, both in substance as-of date). planning and stress testing be modified and timing. The new schedule on which Seven commenters also noted that the to reflect the new May 31 deadline for the banking agencies’ scenarios are proposed April 30 due date for capital the capital plan submission. The Board published, therefore, necessitates that plans is only two months after the agrees with these comments and has NCUA modify its stress testing scenario release date of February 28. adjusted the revised annual capital schedule. These commenters contended that much planning and stress testing timelines in On January 26, 2015, the Board issued capital planning activity could only Table 1 to reflect the shift from April 30 a proposal to adjust the timing of certain begin after the scenario release date. to May 31. Each other date in the events in NCUA’s capital planning and However, capital planning is an activity timeline is adjusted accordingly. stress testing cycles.5 In the proposal, distinct from stress testing and thus a The following table summarizes the the Board amended the capital planning credit union subject to part 702 can and changes to the annual timelines and stress testing rule to change NCUA’s should begin its capital planning provided in the capital and stress testing scenario release date from December 1 activities well before the release of the rule.

TABLE 1—REVISED ANNUAL CAPITAL PLANNING AND STRESS TESTING TIMELINES

Action required Current rule Final rule

As-of date for covered credit union’s capital plan and NCUA stress test data ...... September 30 ...... December 31. NCUA releases stress test scenarios ...... December 1 ...... February 28. Covered credit union submits capital plan to NCUA (incorporating credit union-run February 28 ...... May 31. stress tests, if authorized).

1 12 CFR part 702, subpart E; 79 FR 24311 (Apr. 2 78 FR 65583, 65584 (Nov. 1, 2013). 4 79 FR 64026 (Oct. 27, 2014); 79 FR 69365 (Nov. 30, 2014). The rule refers to FICUs with assets of 3 12 CFR 46.5, 252.144, 252.154, and 325.204. 21, 2014); 79 FR 71630 (Dec. 3, 2014). $10 billion or more as ‘‘covered credit unions.’’ 5 80 FR 3918 (January 26, 2015).

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TABLE 1—REVISED ANNUAL CAPITAL PLANNING AND STRESS TESTING TIMELINES—Continued

Action required Current rule Final rule

NCUA provides NCUA-run stress test results to covered credit union ...... May 31 ...... August 31. NCUA accepts or rejects covered credit union’s capital plan ...... Within 90 days of plan’s submission ...... August 31. Covered credit union submits stress test capital enhancement plan, if required ...... Within 90 days of receipt of test results ... November 30. Covered credit union submits revised capital plan, if required ...... Within 90 days of NCUA rejection ...... November 30. Covered credit union requests authority to conduct stress tests ...... July 31 ...... November 30. NCUA approves or declines covered credit union’s request to conduct stress tests .. August 31 ...... December 31.

III. Regulatory Procedures the meaning of § 654 of the Treasury whether the capital planning and and General Government analysis process is sufficiently robust in a. Regulatory Flexibility Act Appropriations Act, 1999, Public Law determining whether to accept a credit The Regulatory Flexibility Act 105–277, 112 Stat. 2681 (1998). union’s capital plan. requires NCUA to prepare an analysis of * * * * * any significant economic impact any List of Subjects in 12 CFR Part 702 ■ 4. Amend § 702.505 by revising regulation may have on a substantial Credit unions, Reporting and paragraphs (a), (b)(5), and (d) to read as number of small entities (primarily recordkeeping requirements. follows: those under $50 million in assets). By the National Credit Union Because this final rule only applies to Administration Board on July 23, 2015. § 702.505 NCUA action on capital plans. FICUs with $10 billion or more in Gerard Poliquin, (a) Timing. NCUA will notify the assets, it will not have any economic Secretary of the Board. covered credit union of the acceptance impact on small credit unions. or rejection of its capital plan by August For the reasons discussed above, the b. Paperwork Reduction Act 31 of the year in which the credit union National Credit Union Administration submitted its plan. The Paperwork Reduction Act of 1995 amends 12 CFR part 702 as follows: (b) * * * (PRA) applies to rulemakings in which (5) unacceptable weakness in the PART 702—CAPITAL ADEQUACY an agency by rule creates a new capital plan or policy, the capital paperwork burden on regulated entities 6 ■ 1. The authority citation for part 702 planning analysis, or any critical system or increases an existing burden. For or process supporting capital analysis; purposes of the PRA, a paperwork continues to read as follows: burden may take the form of a reporting Authority: 12 U.S.C. 1766(a), 1790d. * * * * * (d) Resubmission of a capital plan. If or recordkeeping requirement, both ■ 2. Amend § 702.502 by adding in referred to as information collections. NCUA rejects a credit union’s capital alphabetical order the definition plan, the credit union must update and The changes to part 702 only alter the ‘‘Capital planning process’’ and revising dates on which already required resubmit an acceptable capital plan to the definition ‘‘Covered credit union’’ to NCUA by November 30 of the year in information is required and acted on, read as follows: and do not impose any new information which the credit union submitted its collection requirements. There is no § 702.502 Definitions. plan. The resubmitted capital plan new burden. must, at a minimum, address: (1) * * * * * NCUA-noted deficiencies in the credit Capital planning process means c. Executive Order 13132 union’s original capital plan or policy; development of a capital policy and and (2) Remediation plans for Executive Order 13132 encourages formulation of a capital plan that unresolved supervisory issues independent regulatory agencies to conforms to this part. contributing to the rejection of the credit consider the impact of their actions on Covered credit union means a union’s original capital plan. state and local interests. NCUA, an federally insured credit union whose independent regulatory agency as assets are $10 billion or more. A credit * * * * * defined in 44 U.S.C. 3502(5), voluntarily union that crosses the asset threshold as ■ 5. Amend § 702.506 by: complies with the executive order to of March 31 of a given calendar year is ■ a. Revising the first two sentences of adhere to fundamental federalism subject to the capital planning and paragraph (a); principles. The rule does not have ■ stress testing requirements of this b. Revising paragraph (c); substantial direct effects on the states, ■ subpart in the following calendar year. c. Removing paragraph (d); on the relationship between the national ■ d. Redesignating paragraphs (e) government and the states, or on the * * * * * through (i) as (d) through (h), distribution of power and ■ 3. Amend § 702.504 by revising respectively; and responsibilities among the various paragraph (a) to read as follows: ■ e. Revising newly redesignated levels of government. NCUA has, § 702.504 Capital planning. paragraphs (d) through (g). therefore, determined that the rule does The revisions read as follows: not constitute a policy that has (a) Annual capital planning. (1) A federalism implications for purposes of covered credit union must develop and § 702.506 Annual supervisory stress testing. the executive order. maintain a capital plan. It must submit this plan and its capital policy to NCUA (a) General requirements. The d. Assessment of Federal Regulations by May 31 each year, or such later date supervisory stress tests consist of and Policies on Families as directed by NCUA. The plan must be baseline, adverse, and severely adverse NCUA has determined that this rule based on the credit union’s financial scenarios, which NCUA will provide by will not affect family well-being within data as of December 31 of the preceding February 28 of each year. The tests will calendar year, or such other date as be based on the credit union’s financial 6 44 U.S.C. 3507(d); 5 CFR part 1320. directed by NCUA. NCUA will assess data as of December 31 of the preceding

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calendar year, or such other date as percent or more under expected and recognition of a lack of cabin directed by NCUA. * * * stressed conditions in each quarter of pressurization, and could result in * * * * * the 9-quarter horizon, the credit union incapacitation of the flightcrew due to (c) Credit union-run tests under must provide NCUA, by November 30 of hypoxia (a lack of oxygen in the body), NCUA supervision. After NCUA has the calendar year in which NCUA and consequent loss of control of the completed three consecutive conducted the tests, a stress test capital airplane. supervisory stress tests of a covered enhancement plan showing how it will DATES: This AD is effective September credit union, the covered credit union meet that target. If credit union-run 15, 2015. may, with NCUA approval, conduct the stress tests show that a covered credit The Director of the Federal Register tests described in this subpart. A union does not have the ability to approved the incorporation by reference covered credit union must submit its maintain a stress test capital ratio of 5 of certain publications listed in this AD request to NCUA to conduct its own percent or more under expected and as of September 15, 2015. stress test by November 30 for the stressed conditions in each quarter of The Director of the Federal Register following annual cycle. NCUA will the 9-quarter horizon, the credit union approved the incorporation by reference approve or decline the credit union’s must incorporate a stress test capital of certain other publications listed in request by December 31 of the year in enhancement plan into its capital plan. this AD as of November 7, 2012 (77 FR which the credit union submitted its Any affected credit union operating 60296, October 3, 2012). request. NCUA reserves the right to without a stress test capital ADDRESSES: For service information conduct the tests described in this enhancement plan accepted by NCUA identified in this AD, contact Boeing section on any covered credit union at may be subject to supervisory actions. Commercial Airplanes, Attention: Data any time. Where both NCUA and a * * * * * & Services Management, P. O. Box 3707, covered credit union have conducted [FR Doc. 2015–19526 Filed 8–10–15; 8:45 am] MC 2H–65, Seattle, WA 98124–2207; the tests, the results of NCUA’s tests BILLING CODE 7535–01–P telephone 206–544–5000, extension 1; will determine whether the covered fax 206–766–5680; Internet https:// credit union has met the requirements www.myboeingfleet.com. You may view of this subpart. DEPARTMENT OF TRANSPORTATION this referenced service information at (d) Potential impact on capital. In the FAA, Transport Airplane conducting stress tests under this Federal Aviation Administration Directorate, 1601 Lind Avenue SW., subpart, NCUA or the covered credit Renton, WA. For information on the union will estimate the following for 14 CFR Part 39 availability of this material at the FAA, each scenario during each quarter of the [Docket No. FAA–2014–0487; Directorate call 425–227–1221. stress test horizon: Identifier 2014–NM–026–AD; Amendment Examining the AD Docket (1) Losses, pre-provision net revenues, 39–18226; AD 2015–16–01] loan and lease loss provisions, and net You may examine the AD docket on income; and RIN 2120–AA64 the Internet at http:// www.regulations.gov by searching for (2) The potential impact on the stress Airworthiness Directives; The Boeing and locating Docket No. FAA–2014– test capital ratio, incorporating the Company Airplanes effects of any capital action over the 9- 0487; or in person at the Docket quarter stress test horizon and AGENCY: Federal Aviation Management Facility between 9 a.m. maintenance of an allowance for loan Administration (FAA), DOT. and 5 p.m., Monday through Friday, losses appropriate for credit exposures ACTION: Final rule. except Federal holidays. The AD docket throughout the horizon. NCUA or the contains this AD, the regulatory covered credit union will conduct the SUMMARY: We are superseding evaluation, any comments received, and stress tests without assuming any risk Airworthiness Directive (AD) 2012–19– other information. The address for the mitigation actions on the part of the 11 for certain The Boeing Company Docket Office (phone: 800–647–5527) is covered credit union, except those Model 737 airplanes. AD 2012–19–11 Docket Management Facility, U.S. existing and identified as part of the required incorporating design changes Department of Transportation, Docket covered credit union’s balance sheet, or to improve the reliability of the cabin Operations, M–30, West Building off-balance sheet positions, such as asset altitude warning system by installing a Ground Floor, Room W12–140, 1200 sales or derivatives positions, on the redundant cabin altitude pressure New Jersey Avenue SE., Washington, date of the stress test. switch, replacing the aural warning DC 20590. (e) Information collection. Upon module (AWM) with a new or reworked FOR FURTHER INFORMATION CONTACT: request, the covered credit union must AWM, and changing certain wire Francis Smith, Aerospace Engineer, provide NCUA with any relevant bundles or connecting certain Cabin Safety and Environmental qualitative or quantitative information previously capped and stowed wires as Systems Branch, ANM–150S, FAA, requested by NCUA pertinent to the necessary. For certain airplanes, AD Seattle Aircraft Certification Office, stress tests under this subpart. 2012–19–11 also required prior or 1601 Lind Avenue SW., Renton, WA (f) Stress test results. NCUA will concurrent incorporation of related 98057–3356; telephone: 425–917–6596; provide each covered credit union with design changes by modifying the fax: 425–917–6590; email: the results of the stress tests by August instrument panels, installing light [email protected]. 31 of the year in which it conducted the assemblies, modifying the wire bundles, SUPPLEMENTARY INFORMATION: tests. A credit union conducting its own and installing a new circuit breaker, as stress tests must incorporate the test necessary. This AD was prompted by Discussion results in its capital plan. the report of a flightcrew not receiving We issued a notice of proposed (g) Supervisory actions. If NCUA-run an aural warning during a lack-of-cabin rulemaking (NPRM) to amend 14 CFR stress tests show that a covered credit pressurization event. We are issuing this part 39 to supersede AD 2012–19–11, union does not have the ability to AD to prevent the loss of cabin altitude Amendment 39–17206 (77 FR 60296, maintain a stress test capital ratio of 5 warning, which could delay flightcrew October 3, 2012). AD 2012–19–11

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applied to certain The Boeing Company removed in error in an earlier revision 19–11, Amendment 39–17206 (77 FR Model 737 airplanes. The NPRM of the service information. The 60296, October 3, 2012), re-comply with published in the Federal Register on procedures remain unchanged. In the proposed AD once the additional July 29, 2014 (79 FR 43983). addition, we have added paragraph (j)(2) actions are taken. The NPRM was prompted by the of this AD, to give credit for previous We disagree with the commenter’s report of a flightcrew not receiving an actions, if those actions were performed request. This AD corrects an error in aural warning during a lack of cabin before the effective date of this AD using paragraph (i) of AD 2012–19–11, pressurization event. The NPRM Boeing Alert Service Bulletin 737– Amendment 39–17206 (77 FR 60296, proposed to continue to require 31A1325, dated January 11, 2010, and October 3, 2012). In AD 2012–19–11, incorporating design changes to Boeing Alert Service Bulletin 737– airplanes were identified incorrectly as improve the reliability of the cabin 31A1325, Revision 1, dated July 5, 2012. having wiring instructions that may altitude warning system by installing a Boeing Special Attention Service conflict with the corrective actions of redundant cabin altitude pressure Bulletin 737–21–1165, Revision 3, dated AD 2009–16–07, Amendment 39–15990 switch, replacing the AWM with a new July 16, 2014, includes configuration (74 FR 41607, August 18, 2009). Further, or reworked AWM, and changing differences found by operators during this AD supersedes (i.e., ‘‘replaces’’) AD certain wire bundles or connecting incorporation of earlier revisions of the 2012–19–11, and therefore compliance certain previously capped and stowed service information. The procedures is required with this new AD only. In wires as necessary. otherwise remain unchanged. addition, there are still exclusions in For certain airplanes, the NPRM Request To Add an Exception to the this AD, but they are now identified by proposed to continue to require prior or Proposed Rule (79 FR 43983, July 29, line numbers—not by groups—as shown concurrent incorporation of related 2014) in paragraphs (j)(1)(ii) and (j)(1)(iii) of design changes by modifying the this AD. We have not changed this AD An anonymous commenter requested instrument panels, installing light in this regard. assemblies, modifying the wire bundles, to add an exception to the proposed rule and installing a new circuit breaker, as (79 FR 43983, July 29, 2014). The Request To Extend the Compliance necessary. The NPRM also proposed to commenter stated that paragraphs (j)(2) Time and (j)(3) of the proposed AD should require, for certain airplanes, United Airlines (UAL) requested that incorporating related design changes. include the same exceptions for group 24 through 25 airplanes, and group 27 the compliance time for the proposed The NPRM also proposed, for certain rule (79 FR 43983, July 29, 2014) be airplanes, to no longer give credit for the through 33 airplanes, as identified in Boeing Alert Service Bulletin 737– extended a minimum of 1 year for all prior accomplishment of certain actions. airplanes. UAL stated that this is due to We are issuing this AD to prevent the 31A1332, Revision 4, dated October 31, 2013. the increased scope of required testing loss of cabin altitude warning, which not documented in Boeing Special could delay flightcrew recognition of a The commenter also stated that paragraphs (i)(2) and (i)(3) of AD 2012– Attention Service Bulletin 737–21– lack of cabin pressurization, and could 1165, Revision 1, dated July 16, 2010, as result in incapacitation of the flightcrew 19–11, Amendment 39–17206 (77 FR 60296, October 3, 2012), did not give revised by Boeing Special Attention due to hypoxia (a lack of oxygen in the Service Bulletin 737–21–1165, Revision body), and consequent loss of control of credit for previous actions for group 24 through 25 airplanes, and group 27 2, dated April 30, 2012. UAL the airplane. through 33 airplanes, as identified in commented that Boeing Special Comments Boeing Alert Service Bulletin 737– Attention Service Bulletin 737–21– 1165, Revision 2, dated April 30, 2012, We gave the public the opportunity to 31A1332, Revision 3, dated March 28, is for the removal of the junction box 46, participate in developing this AD. The 2012. The commenter stated that this is and additional administrative time is following presents the comments because paragraph 1.C. of Boeing Alert required during the accomplishment of received on the NPRM (79 FR 43983, Service Bulletin 737–31A1332, Revision each airplane for obtaining an alternate July 29, 2014) and the FAA’s response 3, dated March 28, 2012, explicitly method of compliance (AMOC). to each comment. states that changes given in figures 48 through 50 affect wiring changes UAL commented that due to the Request To Use the Latest Service previously accomplished in Boeing removal of junction box 46, 43 Information Service Bulletin 737–24A1141; also additional operational checks must be Boeing requested that the proposed figures 15 through 17, and airplane line accomplished and are estimated to take rule (79 FR 43983, July 29, 2014) numbers 1 through 740, are moved to a an additional 30 hours of elapsed time incorporate Boeing Special Attention new group 24 through 25 airplanes, and for each airplane. UAL stated that the Service Bulletin 737–21–1165, Revision group 27 through 33 airplanes. estimated costs of the proposed rule (79 3, dated July 16, 2014, and Boeing Alert The commenter stated that if an FR 43983, July 29, 2014) should be Service Bulletin 737–31A1325, Revision airplane is identified in groups 24 revised to include an additional 30 2, dated June 5, 2014. Boeing stated that through 25 airplanes, and group 27 hours for testing. it has released new service information through 33 airplanes, of Boeing Alert UAL also stated that multiple AMOCs and the service information should be Service Bulletin 737–31A1332, Revision have been required for the concurrent reflected in the proposed rule. 4, dated October 31, 2013, the operator requirements and for airplanes affected We agree with the commenter’s can take credit for previous actions by AD 2013–02–05, Amendment 39– request to reference the latest service accomplished using Boeing Alert 17326 (78 FR 6202, January 30, 2013) information. We have revised this final Service Bulletin 737–31A1332, Revision due to errors in the Boeing data. UAL rule accordingly. 2, dated August 18, 2011, and Boeing stated that the time necessary to seek Boeing Alert Service Bulletin 737– Alert Service Bulletin 737–31A1332, approved AMOCs extends the 31A1325, Revision 2, dated June 5, Revision 1, dated June 24, 2010. completion time of each airplane 2014, updates reference document Therefore, the commenter stated that the beyond the time allotted in the names, corrects typographical errors, operator must, per the exceptions of estimated costs and can result in the and includes airplanes that were paragraphs (i)(2) or (i)(3) of AD 2012– airplanes being out of service.

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We disagree with the commenter’s We base AD compliance times burden on any operator or increase the request. Boeing has provided its work primarily on our assessment of safety scope of this AD. risk. We consider the overall risk to the estimates based on average times for Related Service Information Under 1 fleet, including the severity of the accomplishing its service information CFR Part 51 specifically to correct the unsafe failure and the likelihood of the failure’s condition. The time spent to perform occurrence in development of the We reviewed the following service additional functional checks and testing compliance time for the ADs. We work information: • to systems incidentally associated with with the respective manufacturers to Boeing Alert Service Bulletin 737– the unsafe condition in this AD and any ensure that all appropriate instructions 31A1325, Revision 2, dated June 5, associated administrative actions in and parts are available at the 2014. • carrying out all work (related to this AD) appropriate time to meet our collective Boeing Alert Service Bulletin 737– will vary among operators. safety goals, and that those goals are 31A1332, Revision 4, dated October 31, based on safety of the fleet. We have not 2013. Additionally, we do not consider the • time spent processing AMOCs when we changed this AD in this regard. Boeing Special Attention Service determine estimated costs of an AD Bulletin 737–21–1164, Revision 2, dated Effect of Winglets on AD August 23, 2013. because of the variable occurrences, • scope of technical deviations, and Aviation Partners Boeing stated that Boeing Special Attention Service elective nature of many AMOC requests. the installation of winglets per STC Bulletin 737–21–1165, Revision 3, dated ST01219SE or ST00830SE does not July 16, 2014. The estimate of labor hours provides affect the accomplishment of the The service information describe only a guideline for operators, and manufacturer’s service instructions. procedures for incorporating design operators are encouraged to review all changes to improve the reliability of the relevant work steps to create time and Conclusion cabin altitude warning system by cost estimates specific to their schedules installing a redundant cabin altitude and work processes. Operators that We reviewed the relevant data, considered the comments received, and pressure switch, replacing the AWM request AMOCs while their airplane is determined that air safety and the with a new or reworked AWM, and in maintenance do not have to wait for public interest require adopting this AD changing certain wire bundles or the Seattle Aircraft Certification Office with the changes described previously connecting certain previously capped (ACO) approval before they can return and minor editorial changes. We have and stowed wires as necessary. This the airplane to service, provided the 72- determined that these minor changes: service information is reasonably month compliance time has not passed, available because the interested parties • Are consistent with the intent that and operators do not claim compliance have access to it through their normal was proposed in the NPRM (79 FR credit in their maintenance records until course of business or by the means 43983, July 29, 2014) for correcting the the AMOC is received. As long as the identified in the ADDRESSES section of unsafe condition; and 72-month compliance time has not been this AD. exceeded, an AMOC is not needed; • Do not add any additional burden therefore, requests for compliance time upon the public than was already Costs of Compliance extensions and Seattle ACO responses proposed in the NPRM (79 FR 43983, We estimate that this AD affects 1,618 to early AMOC requests have no effect July 29, 2014). airplanes of U.S. registry. on returning an airplane to service from We also determined that these We estimate the following costs to an operator’s maintenance cycle. changes will not increase the economic comply with this AD:

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators

Install a redundant cabin altitude pressure Up to 62 work-hours × $33,576 Up to $38,846 ...... Up to $62,852,828 switch, replace the AWM with a new or re- $85 per hour = up to worked AWM, change certain wire bundles $5,270. or connect certain capped and stowed wires [retained actions from AD 2012–19–11, Amendment 39–17206 (77 FR 60296, Octo- ber 3, 2012), for 1,618 airplanes]. Modify the instrument panels, install light as- Up to 92 work-hours × 5,292 Up to $13,112 ...... Up to $20,926,752 semblies, modify the wire bundles, and in- $85 per hour = up to stall a new circuit breaker (concurrent re- $7,820. quirements) [retained actions from AD 2012–19–11, Amendment 39–17206 (77 FR 60296, October 3, 2012), for 1,596 air- planes]. Modify the instrument panels, install light as- Up to 92 work-hours × 5,292 Up to $13,112 ...... Up to $288,464 semblies, modify the wire bundles, and in- $85 per hour = up to stall a new circuit breaker (concurrent re- $7,820. quirements) [new actions for 22 airplanes].

Authority for This Rulemaking Section 106, describes the authority of detail the scope of the Agency’s Title 49 of the United States Code the FAA Administrator. Subtitle VII, authority. specifies the FAA’s authority to issue Aviation Programs, describes in more We are issuing this rulemaking under rules on aviation safety. Subtitle I, the authority described in Subtitle VII,

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Part A, Subpart III, Section 44701, (b) Affected ADs 1165, Revision 3, dated July 16, 2014 (for ‘‘General requirements.’’ Under that This AD replaces AD 2012–19–11, Model 737–600, –700, –700C, –800, –900, section, Congress charges the FAA with Amendment 39–17206 (77 FR 60296, October and –900ER series airplanes). As of the promoting safe flight of civil aircraft in 3, 2012). effective date of this AD use Boeing Special air commerce by prescribing regulations Attention Service Bulletin 737–21–1165, (c) Applicability Revision 3, dated July 16, 2014. for practices, methods, and procedures This AD applies to The Boeing Company (h) Retained Concurrent Actions the Administrator finds necessary for airplanes, certificated in any category, as safety in air commerce. This regulation identified in paragraphs (c)(1) and (c)(2) of This paragraph restates the concurrent is within the scope of that authority this AD. actions required by paragraph (h) of AD because it addresses an unsafe condition (1) Model 737–100, –200, –200C, –300,— 2012–19–11, Amendment 39–17206 (77 FR that is likely to exist or develop on 400, and –500 series airplanes, as identified 60296, October 3, 2012), with revised service products identified in this rulemaking in Boeing Special Attention Service Bulletin information. For airplanes identified in action. 737–21–1164, Revision 2, dated August 23, Boeing Alert Service Bulletin 737–31A1325, 2013. dated January 11, 2010 (for Model 737–100, Regulatory Findings (2) Model 737–600, –700, –700C, –800, –200, –200C, –300, –400, and –500 series We have determined that this AD will –900, and –900ER series airplanes, as airplanes); and Boeing Alert Service Bulletin not have federalism implications under identified in Boeing Special Attention 737–31A1332, Revision 3, dated March 28, Service Bulletin 737–21–1165, Revision 3, Executive Order 13132. This AD will 2012 (for Model 737–600, –700, –700C, –800, dated July 16, 2014. –900, and –900ER series airplanes); except as not have a substantial direct effect on provided by paragraph (i) of this AD: Before (d) Subject the States, on the relationship between or concurrently with accomplishment of the the national government and the States, Air Transport Association (ATA) of actions specified in paragraph (g) of this AD, or on the distribution of power and America Code 21, Air Conditioning. as applicable, modify the instrument panels, responsibilities among the various (e) Unsafe Condition install light assemblies, modify the wire levels of government. bundles, and install a new circuit breaker, in For the reasons discussed above, I This AD was prompted by the report of a accordance with the Accomplishment flightcrew not receiving an aural warning Instructions of the applicable service certify that this AD: during a lack of cabin pressurization event. (1) Is not a ‘‘significant regulatory information in paragraphs (h)(1) and (h)(2) of We are issuing this AD to prevent the loss of this AD; except as provided by paragraph action’’ under Executive Order 12866, cabin altitude warning, which could delay (2) Is not a ‘‘significant rule’’ under (k)(2) of this AD. flightcrew recognition of a lack of cabin (1) The service information for Model 737– DOT Regulatory Policies and Procedures pressurization, and could result in (44 FR 11034, February 26, 1979), 100, –200, –200C, –300, –400, and –500 incapacitation of the flightcrew due to series airplanes as identified in paragraphs (3) Will not affect intrastate aviation hypoxia (a lack of oxygen in the body), and (h)(1)(i), (h)(1)(ii), and (h)(1)(iii), of this AD. consequent loss of control of the airplane. in Alaska, and As of the effective date of this AD, use Boeing (4) Will not have a significant (f) Compliance Alert Service Bulletin 737–31A1325, economic impact, positive or negative, Revision 2, dated June 5, 2014 (for Model on a substantial number of small entities Comply with this AD within the compliance times specified, unless already 737–100, –200, –200C, –300, –400, and –500 under the criteria of the Regulatory done. series airplanes), for the actions specified in Flexibility Act. paragraph (h) of this AD. (g) Retained Installation (i) Boeing Alert Service Bulletin 737– List of Subjects in 14 CFR Part 39 This paragraph restates the actions 31A1325, dated January 11, 2010. Air transportation, Aircraft, Aviation required by paragraph (g) of AD 2012–19–11, (ii) Boeing Alert Service Bulletin 737– safety, Incorporation by reference, Amendment 39–17206 (77 FR 60296, October 31A1325, Revision 1, dated July 5, 2012. Safety. 3, 2012), with revised service information. (iii) Boeing Alert Service Bulletin 737– Within 72 months after November 7, 2012 31A1325, Revision 2, dated June 5, 2014. Adoption of the Amendment (the effective date of AD 2012–19–11), install (2) Boeing Alert Service Bulletin 737– Accordingly, under the authority a redundant cabin altitude pressure switch, 31A1332, Revision 3, dated March 28, 2012; delegated to me by the Administrator, replace the aural warning module (AWM) or Boeing Alert Service Bulletin 737– 31A1332, Revision 4, dated October 31, 2013 the FAA amends 14 CFR part 39 as with a new or reworked AWM, and change certain wire bundles or connect certain (for Model 737–600, –700, –700C, –800, follows: capped and stowed wires, as applicable, in –900, and –900ER series airplanes). As of the effective date of this AD, use Boeing Alert PART 39—AIRWORTHINESS accordance with the Accomplishment Instructions of the applicable service Service Bulletin 737–31A1332, Revision 4, DIRECTIVES information in paragraphs (g)(1) and (g)(2) of dated October 31, 2013 (for Model 737–600, –700, –700C, –800, –900, and –900ER series ■ this AD; except as provided by paragraph 1. The authority citation for part 39 (k)(1) of this AD. airplanes), for the actions specified in continues to read as follows: (1) Boeing Special Attention Service paragraph (h) of this AD. Bulletin 737–21–1164, Revision 1, dated May Authority: 49 U.S.C. 106(g), 40113, 44701. (i) New Concurrent Requirement 17, 2012; or Boeing Special Attention Service § 39.13 [Amended] Bulletin 737–21–1164, Revision 2, dated For airplanes having variable numbers ■ 2. The FAA amends § 39.13 by August 23, 2013 (for Model 737–100, –200, YA001 through YA008 inclusive, YA251, YA501 through YA508 inclusive, and YC321 removing Airworthiness Directive (AD) –200C, –300, –400, and –500 series airplanes). As of the effective date of this AD, through YC325 inclusive: Before or 2012–19–11, Amendment 39–17206 (77 use Boeing Special Attention Service Bulletin concurrently with accomplishment of the FR 60296, October 3, 2012), and adding 737–21–1164, Revision 2, dated August 23, actions specified in paragraph (g) of this AD, the following new AD: 2013, for the actions specified in paragraph or within 18 months after the effective date 2015–16–01 The Boeing Company: (g) of this AD. of this AD, whichever occurs later, modify Amendment 39–18226; Docket No. (2) Boeing Special Attention Service the instrument panels, install light FAA–2014–0487; Directorate Identifier Bulletin 737–21–1165, Revision 1, dated July assemblies, modify the wire bundles, and 2014–NM–026–AD. 16, 2010, as revised by Boeing Special install a new circuit breaker, in accordance Attention Service Bulletin 737–21–1165, with the Accomplishment Instructions of (a) Effective Date Revision 2, dated April 30, 2012; or Boeing Boeing Alert Service Bulletin 737–31A1332, This AD is effective September 15, 2015. Special Attention Service Bulletin 737–21– Revision 4, dated October 31, 2013.

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(j) Credit for Previous Actions the actions specified in Boeing Service (m) Related Information (1) This paragraph restates the credit for Bulletin 737–21–1171, dated February 12, (1) For more information about this AD, previous actions stated in paragraph (i) of AD 2009 (which is not incorporated by reference contact Francis Smith, Aerospace Engineer, 2012–19–11, Amendment 39–17206 (77 FR in this AD), were accomplished prior to or Cabin Safety and Environmental Systems 60296, October 3, 2012), with correct concurrently with the actions specified in Branch, ANM–150S, FAA, Seattle Aircraft paragraph reference and revised exempted Boeing Alert Service Bulletin 737–31A1332, Certification Office, 1601 Lind Avenue SW., airplanes. Revision 2, dated August 18, 2011. Renton, WA 98057–3356; phone: 425–917– (i) This paragraph provides credit for the (2) This paragraph provides credit for the 6596; fax: 425–917–6590; email: actions required by paragraph (g) of this AD, actions specified in paragraph (h) of this AD, [email protected]. if those actions were performed before if those actions were performed before the (2) Service information identified in this November 7, 2012 (the effective date of AD effective date of this AD using the service AD that is not incorporated by reference is 2012–19–11, Amendment 39–17206 (77 FR information identified in paragraph (j)(2)(i) or available at the addresses specified in 60296, October 3, 2012)), using Boeing (j)(2)(ii) of this AD. paragraphs (n)(5) and (n)(6) of this AD. Special Attention Service Bulletin 737–21– (i) Boeing Alert Service Bulletin 737– (n) Material Incorporated by Reference 1165, Revision 1, dated July 16, 2010, which 31A1325, dated January 11, 2010, which was was incorporated by reference in AD 2012– incorporated by reference in AD 2012–19–11, (1) The Director of the Federal Register approved the incorporation by reference 19–11. Amendment 39–17206 (77 FR 60296, October (IBR) of the service information listed in this (ii) For airplanes identified in Boeing Alert 3, 2012). Service Bulletin 737–31A1332, Revision 1, paragraph under 5 U.S.C. 552(a) and 1 CFR (ii) Boeing Alert Service Bulletin 737– dated June 24, 2010; except airplanes having part 51. 31A1325, Revision 1, dated July 5, 2012, variable numbers YA001 through YA019 (2) You must use this service information inclusive, YA201 through YA203 inclusive, which is not incorporated by reference in this as applicable to do the actions required by YA231 through YA242 inclusive, YA251, AD. this AD, unless the AD specifies otherwise. YA252, YA271, YA272, YA301, YA302, (k) New Requirements to This AD: (3) The following service information was YA311, YA312, YA501 through YA508 Exceptions to the Service Information approved for IBR on September 15, 2015. inclusive, YA541, YA701, YA702, YC001 (i) Boeing Alert Service Bulletin 737– through YC007 inclusive, YC051, YC052, (1) Where Boeing Special Attention Service 31A1325, Revision 2, dated June 5, 2014. YC101, YC102, YC111, YC121, YC301, Bulletin 737–21–1164, Revision 2, dated (ii) Boeing Alert Service Bulletin 737– YC302, YC321 through YC330 inclusive, August 23, 2013, specifies to contact Boeing 31A1332, Revision 4, dated October 31, 2013. YC381, YC401 through YC403 inclusive, for instructions: Before further flight, repair (iii) Boeing Special Attention Service YC501, YC502, and YE001 through YE003 using a method approved in accordance with Bulletin 737–21–1164, Revision 2, dated inclusive: This paragraph provides credit for the procedures specified in paragraph (l) of August 23, 2013. the actions required by paragraph (h) of this this AD. (iv) Boeing Special Attention Service AD, if those actions were performed before (2) Where Boeing Alert Service Bulletin Bulletin 737–21–1165, Revision 3, dated July the effective date of this AD using Boeing 737–31A1325, Revision 2, dated June 5, 16, 2014. Alert Service Bulletin 737–31A1332, 2014, specifies to contact Boeing for (4) The following service information was Revision 1, dated June 24, 2010, which was instructions: Before further flight, repair approved for IBR on November 7, 2012 (77 incorporated by reference in AD 2012–19–11, using a method approved in accordance with FR 60296, October 3, 2012). Amendment 39–17206 (77 FR 60296, October the procedures specified in paragraph (l) of (i) Boeing Alert Service Bulletin 737– 3, 2012). this AD. 31A1325, dated January 11, 2010. (iii) For airplanes identified in Boeing (ii) Boeing Alert Service Bulletin 737– Alert Service Bulletin 737–31A1332, (l) Alternative Methods of Compliance 31A1332, Revision 1, dated June 24, 2010. Revision 2, dated August 18, 2011; except (AMOCs) (iii) Boeing Alert Service Bulletin 737– airplanes identified in paragraph (j)(4) of this (1) The Manager, Seattle Aircraft 31A1332, Revision 2, dated August 18, 2011. AD and airplanes having variable numbers Certification Office (ACO), FAA, has the (iv) Boeing Alert Service Bulletin 737– YA001 through YA019 inclusive, YA201 authority to approve AMOCs for this AD, if 31A1332, Revision 3, dated March 28, 2012. through YA203 inclusive, YA231 through requested using the procedures found in 14 (v) Boeing Special Attention Service YA242 inclusive, YA251, YA252, YA271, CFR 39.19. In accordance with 14 CFR 39.19, Bulletin 737–21–1164, Revision 1, dated May YA272, YA301, YA302, YA311, YA312, send your request to your principal inspector 17, 2012. YA501 through YA508 inclusive, YA541, (vi) Boeing Special Attention Service or local Flight Standards District Office, as YA701, YA702, YC001 through YC007 Bulletin 737–21–1165, Revision 1, dated July appropriate. If sending information directly inclusive, YC051, YC052, YC101, YC102, 16, 2010. to the manager of the ACO, send it to the YC111, YC121, YC301, YC302, YC321 (vii) Boeing Special Attention Service attention of the person identified in through YC330 inclusive, YC381, YC401 Bulletin 737–21–1165, Revision 2, dated paragraph (m)(1) of this AD. Information may through YC403 inclusive, YC501, YC502, and April 30, 2012. YE001 through YE003 inclusive: This be emailed to: 9-ANM-Seattle-ACO-AMOC- (5) For Boeing service information paragraph provides credit for the actions [email protected]. identified in this AD, contact Boeing required by paragraph (h) of this AD, if those (2) Before using any approved AMOC, Commercial Airplanes, Attention: Data & actions were performed before the effective notify your appropriate principal inspector, Services Management, P. O. Box 3707, MC date of this AD using Boeing Alert Service or lacking a principal inspector, the manager 2H–65, Seattle, WA 98124–2207; telephone Bulletin 737–31A1332, Revision 2, dated of the local flight standards district office/ 206–544–5000, extension 1; fax 206–766– August 18, 2011, which was incorporated by certificate holding district office. 5680; Internet https:// reference in AD 2012–19–11, Amendment (3) An AMOC that provides an acceptable www.myboeingfleet.com. 39–17206 (77 FR 60296, October 3, 2012). level of safety may be used for any repair (6) You may view this referenced service (iv) For Group 21, Configuration 2 required by this AD if it is approved by the information at the FAA, Transport Airplane airplanes identified in Boeing Alert Service Boeing Commercial Airplanes Organization Directorate, 1601 Lind Avenue SW., Renton, Bulletin 737–31A1332, Revision 3, dated Designation Authorization (ODA) that has WA. For information on the availability of March 28, 2012: This paragraph provides been authorized by the Manager, Seattle this material at the FAA, call 425–227–1221. credit for the actions required by paragraph ACO, to make those findings. For a repair (7) You may view this service information (h) of this AD, if those actions were method to be approved, the repair must meet that is incorporated by reference at the performed before the effective date of this AD the certification basis of the airplane, and the National Archives and Records using Boeing Alert Service Bulletin 737– approval must specifically refer to this AD. Administration (NARA). For information on 31A1332, Revision 2, dated August 18, 2011, (4) AMOCs approved for AD 2012–19–11, the availability of this material at NARA, call which was incorporated by reference in AD Amendment 39–17206 (77 FR 60296, October 202–741–6030, or go to: http:// 2012–19–11, Amendment 39–17206 (77 FR 3, 2012), are approved as AMOCs for the www.archives.gov/federal-register/cfr/ibr- 60296, October 3, 2012); and provided that corresponding provisions of this AD. locations.html.

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Issued in Renton, Washington, on July 22, Engine Certification Office, FAA, Engine General requirements.’’ Under that 2015. & Propeller Directorate, 12 New England section, Congress charges the FAA with Victor Wicklund, Executive Park, Burlington, MA 01803; promoting safe flight of civil aircraft in Acting Manager, Transport Airplane phone: 781–238–7747; fax: 781–238– air commerce by prescribing regulations Directorate, Aircraft Certification Service. 7199; email: [email protected]. for practices, methods, and procedures [FR Doc. 2015–19316 Filed 8–10–15; 8:45 am] SUPPLEMENTARY INFORMATION: the Administrator finds necessary for BILLING CODE 4910–13–P safety in air commerce. This regulation Discussion is within the scope of that authority We issued a notice of proposed because it addresses an unsafe condition DEPARTMENT OF TRANSPORTATION rulemaking (NPRM) to amend 14 CFR that is likely to exist or develop on part 39 by adding an AD that would products identified in this rulemaking Federal Aviation Administration apply to the specified products. The action. NPRM was published in the Federal 14 CFR Part 39 Register on April 29, 2015 (80 FR Regulatory Findings [Docket No. FAA–2015–0095; Directorate 23741). The NPRM proposed to correct We determined that this AD will not Identifier 2015–NE–01–AD; Amendment 39– an unsafe condition for the specified have federalism implications under 18228; AD 2015–16–03] products. The MCAI states: Executive Order 13132. This AD will not have a substantial direct effect on RIN 2120–AA64 There were a number of pre-MOD/SB 72– 7730 High Pressure Turbine (HPT) blade the States, on the relationship between Airworthiness Directives; Rolls-Royce failures, with some occurring within a the national government and the States, plc Turbofan Engines relatively short time. Engineering analysis or on the distribution of power and carried out by RR on those occurrences responsibilities among the various AGENCY: Federal Aviation indicates that certain pre-MOD/SB 72–7730 levels of government. Administration (FAA), DOT. blades, Part Number (P/N) UL32958 and P/ For the reasons discussed above, I N UL21691 (hereafter referred to as ‘affected certify this AD: ACTION: Final rule. HPT blade’), with an accumulated life of 6500 flight hours (FH) since new or more, (1) Is not a ‘‘significant regulatory SUMMARY: We are adopting a new have an increased risk of in-service failure. action’’ under Executive Order 12866, airworthiness directive (AD) for certain This condition, if not corrected, could lead (2) Is not a ‘‘significant rule’’ under Rolls-Royce plc (RR) RB211–524B–02, to HPT blade failure, release of debris and the DOT Regulatory Policies and RB211–524B2–19, RB211–524B3–02, consequent (partial or complete) loss of Procedures (44 FR 11034, February 26, RB211–524B4–02, RB211–524B4–D–02, engine power, possibly resulting in reduced 1979), RB211–524C2–19, RB211–524D4–19, control of the aeroplane. (3) Will not affect intrastate aviation RB211–524D4–39, and RB211–524D4X– in Alaska to the extent that it justifies 19 turbofan engines. This AD requires Comments making a regulatory distinction, and removing affected high-pressure turbine We gave the public the opportunity to (4) Will not have a significant (HPT) blades. This AD was prompted by participate in developing this AD. We economic impact, positive or negative, several failures of affected HPT blades. received no comments on the NPRM (80 on a substantial number of small entities We are issuing this AD to prevent FR 23741, April 29, 2015). under the criteria of the Regulatory failure of the HPT blade, which could Conclusion Flexibility Act. lead to failure of one or more engines, List of Subjects in 14 CFR Part 39 loss of thrust control, and damage to the We reviewed the available data and airplane. determined that air safety and the Air transportation, Aircraft, Aviation public interest require adopting this AD DATES: This AD becomes effective safety, Incorporation by reference, as proposed. September 15, 2015. Safety. Costs of Compliance Examining the AD Docket Adoption of the Amendment We estimate that this AD affects 6 You may examine the AD docket on Accordingly, under the authority engines installed on airplanes of U.S. the Internet at http:// delegated to me by the Administrator, registry. We also estimate that it will www.regulations.gov by searching for the FAA amends 14 CFR part 39 as take about 4 hours per engine to comply and locating Docket No. FAA–2015– follows: with this AD. The average labor rate is 0095; or in person at the Docket $85 per hour. Pro-rated cost of required PART 39—AIRWORTHINESS Management Facility between 9 a.m. parts is about $250,000 per engine. DIRECTIVES and 5 p.m., Monday through Friday, Based on these figures, we estimate the except Federal holidays. The AD docket cost of this AD on U.S. operators to be ■ 1. The authority citation for part 39 contains this AD, the mandatory $1,502,040. continues to read as follows: continuing airworthiness information (MCAI), the regulatory evaluation, any Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. comments received, and other Title 49 of the United States Code § 39.13 [Amended] information. The address for the Docket specifies the FAA’s authority to issue ■ 2. The FAA amends § 39.13 by adding Office (phone: 800–647–5527) is rules on aviation safety. Subtitle I, Document Management Facility, U.S. the following new airworthiness section 106, describes the authority of directive (AD): Department of Transportation, Docket the FAA Administrator. ‘‘Subtitle VII: Operations, M–30, West Building Aviation Programs,’’ describes in more 2015–16–03 Rolls-Royce plc: Amendment Ground Floor, Room W12–140, 1200 39–18228; Docket No. FAA–2015–0095; detail the scope of the Agency’s Directorate Identifier 2015–NE–01–AD. New Jersey Avenue SE., Washington, authority. DC 20590. We are issuing this rulemaking under (a) Effective Date FOR FURTHER INFORMATION CONTACT: the authority described in ‘‘Subtitle VII, This AD becomes effective September 15, Katheryn Malatek, Aerospace Engineer, Part A, Subpart III, Section 44701: 2015.

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(b) Affected ADs DEPARTMENT OF TRANSPORTATION The Director of the Federal Register None. approved the incorporation by reference Federal Aviation Administration of certain publications listed in this AD (c) Applicability as of September 15, 2015. This AD applies to all Rolls-Royce plc (RR) 14 CFR Part 39 ADDRESSES: You may examine the AD RB211–524B–02, RB211–524B2–19, RB211– [Docket No. FAA–2013–0834; Directorate docket on the Internet at http:// 524B3–02, RB211–524B4–02, RB211–524B4– Identifier 2012–NM–045–AD; Amendment www.regulations.gov/ D–02, RB211–524C2–19, RB211–524D4–19, 39–18227; AD 2015–16–02] #!docketDetail;D=FAA-2013-0834; or in RB211–524D4–39, and RB211–524D4X–19 person at the Docket Management RIN 2120–AA64 turbofan engines with high-pressure turbine Facility, U.S. Department of (HPT) blades, part numbers (P/Ns) UL32958 Airworthiness Directives; Airbus Transportation, Docket Operations, M– and UL21691, installed. Airplanes 30, West Building Ground Floor, Room (d) Reason W12–140, 1200 New Jersey Avenue SE., AGENCY: Federal Aviation Washington, DC. This AD was prompted by several failures Administration (FAA), Department of For service information identified in of affected HPT blades. We are issuing this Transportation (DOT). this AD, contact Airbus SAS, AD to prevent failure of the HPT blade, ACTION: Final rule. Airworthiness Office—EAL, 1 Rond which could lead to failure of one or more Point Maurice Bellonte, 31707 Blagnac engines, loss of thrust control, and damage to SUMMARY: We are superseding Cedex, France; telephone +33 5 61 93 36 the airplane. Airworthiness Directives (AD) 2003–14– 96; fax +33 5 61 93 45 80; email (e) Actions and Compliance 11, AD 2004–11–08, AD 2004–13–25, airworthiness.A330–[email protected]; (1) Comply with this AD within the AD 2004–18–14, AD 2007–05–12, AD Internet http://www.airbus.com. You compliance times specified, unless already 2008–06–07, AD 2009–18–20, AD 2010– may view this referenced service done. 15–02, and AD 2012–04–07 that apply information at the FAA, Transport (2) After the effective date of this AD, to certain Airbus Model A330 and A340 Airplane Directorate, 1601 Lind Avenue within 2 months or before exceeding 6,500 series airplanes. AD 2003–14–11, AD SW., Renton, WA. For information on flight hours since first installation of HPT 2004–11–08, AD 2004–13–25, AD 2004– the availability of this material at the blades, P/Ns UL32958 and UL21691, on an 18–14, AD 2007–05–12, AD 2008–06– FAA, call 425–227–1221. It is also engine, whichever occurs later, remove all 07, AD 2009–18–20, AD 2010–15–02, available on the Internet at http:// affected HPT blades from service. and AD 2012–04–07 required revising www.regulations.gov by searching for the maintenance program to incorporate and locating Docket No. FAA–2013– (f) Alternative Methods of Compliance certain maintenance requirements and 0834. (AMOCs) airworthiness limitations; replacing FOR FURTHER INFORMATION CONTACT: The Manager, Engine Certification Office, certain flap rotary actuators; repetitively Vladimir Ulyanov, Aerospace Engineer, FAA, may approve AMOCs for this AD. Use inspecting elevator servo-controllers International Branch, ANM–116, the procedures found in 14 CFR 39.19 to and pressure relief valves of the spoiler Transport Airplane Directorate, FAA, make your request. You may email your servo controls; repetitively testing the 1601 Lind Avenue SW., Renton, WA request to: ANE–AD–[email protected]. elevator servo control loops, modifying 98057–3356; telephone 425–227–1138; (g) Related Information the elevator servo controls, and fax 425–227–1149. repetitively replacing certain retraction SUPPLEMENTARY INFORMATION: (1) For more information about this AD, brackets of the main landing gear; and contact Katheryn Malatek, Aerospace revising the airplane flight manual. This Discussion Engineer, Engine Certification Office, FAA, new AD requires revising the We issued a supplemental notice of Engine & Propeller Directorate, 12 New maintenance program or inspection proposed rulemaking (SNPRM) to England Executive Park, Burlington, MA program to incorporate certain 01803; phone: 781–238–7747; fax: 781–238– amend 14 CFR part 39 to revise the maintenance requirements and 7199; email: [email protected]. following airworthiness directives that airworthiness limitations. This new AD (2) Refer to MCAI European Aviation applied to certain Airbus Model A330 also removes Airbus Model A340–200, Safety Agency AD 2014–0250, dated and A340 series airplanes. –300, –500, and –600 series airplanes • November 19, 2014, for more information. AD 2003–14–11, Amendment 39– You may examine the MCAI in the AD from the applicability and adds Airbus 13230 (68 FR 41521, July 14, 2003). • AD 2004–11–08, Amendment 39– docket on the Internet at http:// Model A330–323 airplanes to the 13654 (69 FR 31874, June 8, 2004). www.regulations.gov by searching for and applicability. This AD was prompted by • AD 2004–13–25, Amendment 39– locating it in Docket No. FAA–2015–0095. a determination that more restrictive maintenance requirements and 13707 (69 FR 41394, July 9, 2004). (h) Material Incorporated by Reference airworthiness limitations are necessary. • AD 2004–18–14, Amendment 39– None. We are issuing this AD to address the 13793 (69 FR 55326, September 14, aging effects of aircraft systems. Such 2004). Issued in Burlington, Massachusetts, on • aging effects could change the AD 2007–05–12, Amendment 39– July 30, 2015. 14973 (72 FR 10057, March 7, 2007). characteristics of those systems, which, • Ann C. Mollica, in isolation or in combination with one AD 2008–06–07, Amendment 39– Acting Assistant Directorate Manager, Engine or more other specific failures or events, 15419 (73 FR 13103, March 12, 2008; & Propeller Directorate, Aircraft Certification could result in failure of certain life corrected April 15, 2008 (73 FR 20367)). • AD 2009–18–20, Amendment 39– Service. limited parts, which could reduce the 16017 (74 FR 46313, September 9, [FR Doc. 2015–19321 Filed 8–10–15; 8:45 am] structural integrity of the airplane or 2009). BILLING CODE 4910–13–P reduce the controllability of the • AD 2010–15–02, Amendment 39– airplane. 16368 (75 FR 42589, July 22, 2010). DATES: This AD becomes effective • AD 2012–04–07, Amendment 39– September 15, 2015. 16963 (77 FR 12989, March 5, 2012).

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The SNPRM published in the Federal Limitations Section (ALS) Part 4—Aging Related Service Information Under 1 Register on March 9, 2015 (80 FR Systems Maintenance, Revision 04, CFR Part 51 12360). We preceded the SNPRM with dated August 27, 2013. The MCAI Airbus issued A330 Airworthiness a notice of proposed rulemaking states: Limitations Section (ALS) Part 4—Aging (NPRM) that published in the Federal The airworthiness limitations for Airbus Systems Maintenance, Revision 04, Register on November 7, 2013 (78 FR aeroplanes are currently published in dated August 27, 2013, and Airbus A330 66861). The NPRM was prompted by a Airworthiness Limitations Section (ALS) ALS Part 4—Aging Systems determination that more restrictive documents. Maintenance (ASM), Variation 4.1 and maintenance requirements and The airworthiness limitations applicable to Variation 4.2, both dated July 23, 2014. airworthiness limitations were the Ageing Systems Maintenance (ASM) are This service information describes necessary. The NPRM proposed to given in Airbus A330 ALS Part 4, which is preventative maintenance requirements supersede AD 2003–14–11, Amendment approved by EASA. and associated airworthiness limitations 39–13230 (68 FR 41521, July 14, 2003); Revision 04 of Airbus A330 ALS Part 4 applicable to aircraft systems AD 2004–11–08, Amendment 39–13654 introduces more restrictive maintenance (69 FR 31874, June 8, 2004); AD 2004– requirements and/or airworthiness susceptible to aging effects. This service 13–25, Amendment 39–13707 (69 FR limitations. Failure to comply with these information is reasonably available instructions could result in an unsafe 41394, July 9, 2004); AD 2004–18–14, because the interested parties have condition. access to it through their normal course Amendment 39–13793 (69 FR 55326, For the reason described above, this September 14, 2004); AD 2008–06–07, of business or by the means identified [EASA] AD retains the requirements of EASA in the ADDRESSES section of this AD. Amendment 39–15419 (73 FR 13103, AD 2012–0020 [http://ad.easa.europa.eu/ad/ March 12, 2008; corrected April 15, 2012-0020], which is superseded, and Costs of Compliance 2008 (73 FR 20367)); and AD 2012–04– requires accomplishment of the actions We estimate that this AD affects 79 07, Amendment 39–16963 (77 FR specified in Airbus A330 ALS Part 4 at 12989, March 5, 2012) to require actions Revision 04. airplanes of U.S. registry. intended to address the aging effects of In addition, this [EASA] AD also We estimate that it will take about 2 aircraft systems. The NPRM proposed to supersedes EASA AD 2006–0159 [http:// work-hours per product to comply with require revising the maintenance ad.easa.europa.eu/ad/2006-0159], EASA AD the new basic requirements of this AD. program or inspection program, as 2008–0026 [http://ad.easa.europa.eu/ad/ The average labor rate is $85 per work- applicable, to incorporate certain 2008-0026] and EASA AD 2008–0160 [http:// hour. Required parts will cost $0 per ad.easa.europa.eu/ad/2008-0160] [which maintenance requirements and product. Based on these figures, we correspond to FAA ADs 2007–05–12, estimate the cost of this AD on U.S. airworthiness limitations. Amendment 39–14973 (72 FR 10057, March The SNPRM (80 FR 12360, March 9, operators to be $13,430, or $170 per 7, 2007); 2010–15–02, Amendment 39–16368 product. 2015) proposed to supersede AD 2007– (75 FR 42589, July 22, 2010); and 2009–18– 05–12, Amendment 39–14973 (72 FR 20, Amendment 39–16017 (74 FR 46313, Authority for This Rulemaking 10057, March 7, 2007); AD 2009–18–20, September 9, 2009), respectively], whose Amendment 39–16017 (74 FR 46313, requirements applicable to A330 aeroplanes Title 49 of the United States Code September 9, 2009); and AD 2010–15– have been transferred into Airbus A330 ALS specifies the FAA’s authority to issue 02, Amendment 39–16368 (75 FR Part 4. rules on aviation safety. Subtitle I, 42589, July 22, 2010); in addition to section 106, describes the authority of those ADs already identified in the You may examine the MCAI in the AD the FAA Administrator. ‘‘Subtitle VII: NPRM (78 FR 66861, November 7, docket on the Internet at http:// Aviation Programs,’’ describes in more 2013), as well as to require more www.regulations.gov by searching for detail the scope of the Agency’s restrictive limitations and to add Airbus and locating it in Docket No. FAA– authority. Model A330–323 airplanes to the 2013–0834. We are issuing this rulemaking under applicability. We are issuing this AD to Comments the authority described in ‘‘Subtitle VII, address the aging effects of aircraft Part A, Subpart III, Section 44701: systems. Such aging effects could We gave the public the opportunity to General requirements.’’ Under that change the characteristics of those participate in developing this AD. We section, Congress charges the FAA with systems, which, in isolation or in considered the comment received. An promoting safe flight of civil aircraft in combination with one or more other anonymous commenter supported the air commerce by prescribing regulations specific failures or events, could result SNPRM (80 FR 12360, March 9, 2015). for practices, methods, and procedures the Administrator finds necessary for in failure of certain life limited parts, Conclusion which could reduce the structural safety in air commerce. This regulation integrity of the airplane or reduce the We reviewed the available data, is within the scope of that authority controllability of the airplane. including the comment received, and because it addresses an unsafe condition The European Aviation Safety Agency determined that air safety and the that is likely to exist or develop on (EASA) which is the Technical Agent public interest require adopting this AD products identified in this rulemaking for the Member States of the European as proposed except for minor editorial action. Union, has issued EASA Airworthiness changes. We have determined that these Regulatory Findings Directive 2013–0268, dated November 7, minor changes: We determined that this AD will not 2013 (referred to after this as the • Mandatory Continuing Airworthiness Are consistent with the intent that have federalism implications under Information, or ‘‘the MCAI’’), to correct was proposed in the SNPRM (80 FR Executive Order 13132. This AD will an unsafe condition on certain Airbus 12360, March 9, 2015) for correcting the not have a substantial direct effect on Model A330 series airplanes. EASA AD unsafe condition; and the States, on the relationship between 2013–0268 supersedes and retains the • Do not add any additional burden the national government and the States, requirements of four EASA ADs and upon the public than was already or on the distribution of power and requires accomplishment of the actions proposed in the SNPRM (80 FR 12360, responsibilities among the various specified in Airbus A330 Airworthiness March 9, 2015). levels of government.

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For the reasons discussed above, I Amendment 39–16963 (77 FR 12989, Variation 4.1 and Variation 4.2, both dated certify that this AD: March 5, 2012); and July 23, 2014. The initial compliance times 1. Is not a ‘‘significant regulatory ■ b. Adding the following new AD: for the actions are within the applicable action’’ under Executive Order 12866; compliance times specified in the Record of 2015–16–02 Airbus: Amendment 39–18227. Revisions pages of Airbus A330 ALS Part 4— 2. Is not a ‘‘significant rule’’ under the Docket No. FAA–2013–0834; Directorate Aging Systems Maintenance, Revision 04, DOT Regulatory Policies and Procedures Identifier 2012–NM–045–AD. dated August 27, 2013, Airbus A330 ALS (44 FR 11034, February 26, 1979); (a) Effective Date Part 4—Aging Systems Maintenance (ASM), 3. Will not affect intrastate aviation in Variation 4.1 and Variation 4.2, both dated Alaska; and This AD becomes effective September 15, July 23, 2014, or within 6 months after the 4. Will not have a significant 2015. effective date of this AD, whichever is later, economic impact, positive or negative, (b) Affected ADs except as required by paragraph (h) of this AD. on a substantial number of small entities This AD replaces the ADs specified in under the criteria of the Regulatory paragraphs (b)(1) through (b)(9) of this AD. (h) Exceptions to Initial Compliance Times Flexibility Act. (1) AD 2003–14–11, Amendment 39–13230 (1) Where Airbus A330 ALS Part 4—Aging (68 FR 41521, July 14, 2003). Examining the AD Docket Systems Maintenance, Revision 04, dated (2) AD 2004–11–08, Amendment 39–13654 August 27, 2013, defines a calendar You may examine the AD docket on (69 FR 31874, June 8, 2004). compliance time for elevator servo-controls the Internet at http:// (3) AD 2004–13–25, Amendment 39–13707 having part number (P/N) SC4800–2, www.regulations.gov/ (69 FR 41394, July 9, 2004). SC4800–3, SC4800–4, SC4800–6, SC4800–7, (4) AD 2004–18–14, Amendment 39–13793 or SC4800–8 as ‘‘August 31, 2004,’’ the #!docketDetail;D=FAA-2013-0834; or in (69 FR 55326, September 14, 2004). person at the Docket Management calendar compliance time is June 13, 2007 (5) AD 2007–05–12, Amendment 39–14973 (34 months after August 13, 2004 (the Facility between 9 a.m. and 5 p.m., (72 FR 10057, March 7, 2007). Monday through Friday, except Federal effective date of AD 2004–13–25, (6) AD 2008–06–07, Amendment 39–15419 Amendment 39–13707 (69 FR 41394, July 9, holidays. The AD docket contains this (73 FR 13103, March 12, 2008; corrected 2004))). AD, the regulatory evaluation, any April 15, 2008 (73 FR 20367)). (2) Where Airbus A330 ALS Part 4—Aging comments received, and other (7) AD 2009–18–20, Amendment 39–16017 Systems Maintenance, Revision 04, dated information. The street address for the (74 FR 46313, September 9, 2009). August 27, 2013, defines a calendar Docket Operations office (telephone (8) AD 2010–15–02, Amendment 39–16368 compliance time for spoiler servo-controls (75 FR 42589, July 22, 2010). ADDRESSES (SSCs) having P/N 1386A0000–01, P/N 800–647–5527) is in the (9) AD 2012–04–07, Amendment 39–16963 section. 1386B0000–01, P/N 1387A0000–01 or P/N (77 FR 12989, March 5, 2012). 1387B0000–01 as ‘‘December 31, 2003,’’ the List of Subjects in 14 CFR Part 39 (c) Applicability calendar compliance time is November 19, 2005 (13 months after October 19, 2004 (the Air transportation, Aircraft, Aviation This AD applies to Airbus Model A330– effective date of AD 2004–18–14, safety, Incorporation by reference, 201, –202, –203, –223, –243, –223F, –243F, Amendment 39–13793 (69 FR 55326, –301, –302, –303, –321, –322, –323, –341, Safety. September 14, 2004))). –342, and –343 airplanes; certificated in any (3) Where Airbus A330 ALS Part 4—Aging Adoption of the Amendment category; all manufacturer serial numbers. Systems Maintenance, Revision 04, dated Accordingly, under the authority (d) Subject August 27, 2013, defines a calendar delegated to me by the Administrator, Air Transport Association (ATA) of compliance time for elevator servo-controls the FAA amends 14 CFR part 39 as America Code 05, Time Limits/Maintenance having P/N SC4800–73, SC4800–93, SC4800– follows: Checks. 103 and SC4800–113 as ‘‘June 30, 2008,’’ the calendar compliance time is September 16, PART 39—AIRWORTHINESS (e) Unsafe Condition 2009 (17 months after April 16, 2008 (the DIRECTIVES This AD was prompted by a determination effective date of AD 2008–06–07, that more restrictive maintenance Amendment 39–15419 (73 FR 13103, March ■ 1. The authority citation for part 39 requirements and airworthiness limitations 12, 2008; corrected April 15, 2008 (73 FR continues to read as follows: are necessary. We are issuing this AD to 20367)))). address the aging effects of aircraft systems. (4) The initial compliance time for Authority: 49 U.S.C. 106(g), 40113, 44701. Such aging effects could change the replacement of the retraction brackets of the main landing gear (MLG) having a part § 39.13 [Amended] characteristics of those systems, which, in isolation or in combination with one or more number specified in paragraphs (h)(4)(i) ■ 2. The FAA amends § 39.13 by other specific failures or events, could result through (h)(4)(xvi) of this AD is before the ■ a. Removing Airworthiness Directive in failure of certain life limited parts, which accumulation of 19,800 total landings on the (AD) 2003–14–11, Amendment 39– could reduce the structural integrity of the affected retraction brackets of the MLG, or 13230 (68 FR 41521, July 14, 2003); AD airplane or reduce the controllability of the within 900 flight hours after April 9, 2012 2004–11–08, Amendment 39–13654 (69 airplane. (the effective date of AD 2012–04–07, Amendment 39–16963 (77 FR 12989, March FR 31874, June 8, 2004); AD 2004–13– (f) Compliance 5, 2012), whichever occurs later. 25, Amendment 39–13707 (69 FR Comply with this AD within the (i) 201478303 41394, July 9, 2004); AD 2004–18–14, compliance times specified, unless already (ii) 201478304 Amendment 39–13793 (69 FR 55326, done. (iii) 201478305 September 14, 2004); AD 2007–05–12, (iv) 201478306 Amendment 39–14973 (72 FR 10057, (g) Maintenance Program Revision and (v) 201478307 Actions March 7, 2007); AD 2008–06–07, (vi) 201478308 Amendment 39–15419 (73 FR 13103, Within 6 months after the effective date of (vii) 201428380 March 12, 2008; corrected April 15, this AD, revise the maintenance program or (viii) 201428381 inspection program, as applicable, by (ix) 201428382 2008 (73 FR 20367)); AD 2009–18–20, incorporating Airbus A330 Airworthiness (x) 201428383 Amendment 39–16017 (74 FR 46313, Limitations Section (ALS) Part 4—Aging (xi) 201428384 September 9, 2009); AD 2010–15–02, Systems Maintenance, Revision 04, dated (xii) 201428385 Amendment 39–16368 (75 FR 42589, August 27, 2013, and Airbus A330 ALS Part (xiii) 201428378 July 22, 2010); AD 2012–04–07, 4—Aging Systems Maintenance (ASM), (xiv) 201428379

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(xv) 201428351 principal inspector, the manager of the local DEPARTMENT OF TRANSPORTATION (xvi) 201428352 flight standards district office/certificate (5) Where Airbus A330 ALS Part 4—Aging holding district office. The AMOC approval Federal Aviation Administration Systems Maintenance, Revision 04, dated letter must specifically reference this AD. August 27, 2013, defines a calendar (2) Contacting the Manufacturer: For any 14 CFR Part 39 compliance time for the modification of SSCs requirement in this AD to obtain corrective on three hydraulic circuits having part actions from a manufacturer, the action must [Docket No. FAA–2014–0751; Directorate numbers MZ4339390–01X, MZ4306000–01X, be accomplished using a method approved Identifier 2013–NM–188–AD; Amendment MZ4339390–02X, MZ4306000–02X, by the Manager, International Branch, ANM– 39–18229; AD 2015–16–04] MZ4339390–10X, or MZ4306000–10X as 116, Transport Airplane Directorate, FAA; or RIN 2120–AA64 ‘‘March 5, 2010,’’ the calendar compliance the European Aviation Safety Agency time is April 14, 2011 (18 months after (EASA); or Airbus’s EASA Design October 14, 2009 (the effective date of AD Airworthiness Directives; Kidde Organization Approval (DOA). If approved by 2009–18–20, Amendment 39–16017 (74 FR Graviner 46313, September 9, 2009))). the DOA, the approval must include the AGENCY: Federal Aviation (6) Where Note (6) of ‘‘ATA 27–64–00 DOA-authorized signature. Administration (FAA), Department of Flight Control—Spoiler Hydraulic (k) Related Information Actuation,’’ of Sub-part 4–2–1, ‘‘Life Limits,’’ Transportation (DOT). of Sub-part 4–2, ‘‘Systems Life Limited Refer to Mandatory Continuing ACTION: Final rule. Components,’’ of Airbus A330 ALS Part 4— Airworthiness Information (MCAI) European Aging Systems Maintenance, Revision 04, Aviation Safety Agency (EASA) AD 2013– SUMMARY: We are adopting a new dated August 27, 2013, defines a calendar 0268, dated November 7, 2013, for related airworthiness directive (AD) for certain date of ‘‘September 5, 2008,’’ as a date for the information. This MCAI may be found in the Kidde Graviner hand-operated fire determination of accumulated flight cycles AD docket on the Internet at http:// extinguishers. This AD was prompted since the aircraft initial entry into service, the www.regulations.gov by searching for and by a report that a fire extinguisher failed date is October 14, 2009 (the effective date locating Docket No. FAA–2013–0834. to operate when the activation lever was of AD 2009–18–20, Amendment 39–16017 (l) Material Incorporated by Reference pressed. This AD requires modifying the (74 FR 46313, September 9, 2009)). (7) Where Note (6) of ‘‘ATA 27–64–00 (1) The Director of the Federal Register affected fire extinguishers. We are Flight Control—Spoiler Hydraulic approved the incorporation by reference issuing this AD to prevent fire Actuation,’’ of Sub-part 4–2–1, ‘‘Life Limits,’’ (IBR) of the service information listed in this extinguishers from failing to operate in of Sub-part 4–2, ‘‘Systems Life Limited paragraph under 5 U.S.C. 552(a) and 1 CFR the event of a fire, which could Components,’’ of Airbus A330 ALS Part 4— part 51. jeopardize occupants’ safety and Aging Systems Maintenance, Revision 04, (2) You must use this service information continuation of safe flight and landing. dated August 27, 2013, defines a calendar as applicable to do the actions required by DATES: This AD becomes effective compliance time as ‘‘March 5, 2010,’’ for the this AD, unless this AD specifies otherwise. September 15, 2015. modification of affected servo controls, the (i) Airbus A330 Airworthiness Limitations calendar compliance time is April 14, 2011 The Director of the Federal Register Section ALS Part 4—Aging Systems approved the incorporation by reference (18 months after October 14, 2009 (the Maintenance, Revision 04, dated August 27, effective date of AD 2009–18–20, of a certain publication listed in this AD 2013. as of September 15, 2015. Amendment 39–16017 (74 FR 46313, (ii) Airbus A330 ALS Part 4—Aging September 9, 2009))). Systems Maintenance (ASM), Variation 4.1, ADDRESSES: You may examine the AD (i) No Alternative Actions or Intervals dated July 23, 2014. docket on the Internet at http:// www.regulations.gov/ After accomplishing the revision required (iii) Airbus A330 ALS Part 4—Aging by paragraph (g) of this AD, no alternative Systems Maintenance (ASM), Variation 4.2, #!docketDetail;D=FAA-2014-0751 or in actions (e.g., inspections) or intervals may be dated July 23, 2014. person at the Docket Management used unless the actions or intervals are (3) For service information identified in Facility, U.S. Department of approved as an alternative method of this AD, contact Airbus SAS, Airworthiness Transportation, Docket Operations, M– compliance (AMOC) in accordance with the Office—EAL, 1 Rond Point Maurice Bellonte, 30, West Building Ground Floor, Room procedures specified in paragraph (j)(1) of 31707 Blagnac Cedex, France; telephone +33 W12–140, 1200 New Jersey Avenue SE., this AD. 5 61 93 36 96; fax +33 5 61 93 45 80; email Washington, DC. [email protected]; (j) Other FAA AD Provisions For service information identified in Internet http://www.airbus.com. this AD, contact Kidde Graviner The following provisions also apply to this (4) You may view this service information Limited, Mathisen Way, Colnbrook, AD: at the FAA, Transport Airplane Directorate, (1) Alternative Methods of Compliance 1601 Lind Avenue SW., Renton, WA. For Slough, Berkshire, SL3 0HB, United (AMOCs): The Manager, International information on the availability of this Kingdom; telephone +44 (0) 1753 Branch, ANM–116, Transport Airplane material at the FAA, call 425–227–1221. 583245; fax +44 (0) 1753 685040. You Directorate, FAA, has the authority to (5) You may view this service information may view this referenced service approve AMOCs for this AD, if requested that is incorporated by reference at the information at the FAA, Transport using the procedures found in 14 CFR 39.19. National Archives and Records Airplane Directorate, 1601 Lind Avenue In accordance with 14 CFR 39.19, send your Administration (NARA). For information on SW., Renton, WA. For information on request to your principal inspector or local the availability of this material at NARA, call the availability of this material at the Flight Standards District Office, as 202–741–6030, or go to: http:// appropriate. If sending information directly FAA, call 425–227–1221. It is also www.archives.gov/federal-register/cfr/ibr- to the International Branch, send it to ATTN: available on the Internet at http:// locations.html. Vladimir Ulyanov, Aerospace Engineer, www.regulations.gov by searching for International Branch, ANM–116, Transport Issued in Renton, Washington, on July 28, and locating Docket No. FAA–2014– Airplane Directorate, FAA, 1601 Lind 2015. 0751. Avenue SW., Renton, WA 98057–3356; Michael Kaszycki, FOR FURTHER INFORMATION CONTACT: telephone 425–227–1138; fax 425–227–1149. Ian Acting Manager, Transport Airplane Information may be emailed to: 9-ANM-116- Lucas, Aerospace Engineer, Boston Directorate, Aircraft Certification Service. [email protected]. Before Aircraft Certification Office (ACO), using any approved AMOC, notify your [FR Doc. 2015–19182 Filed 8–10–15; 08:45 am] ANE–150, FAA, Engine and Propeller appropriate principal inspector, or lacking a BILLING CODE 4910–13–P Directorate, 12 New England Executive

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Park, Burlington, MA 01803; phone: defined by the manufacturer’s part Costs of Compliance 781–238–7757; fax: 781–238–7170; numbers, and the category under which We estimate that this AD affects 400 email: [email protected]. the aircraft operates is not material. appliances installed on, but not limited SUPPLEMENTARY INFORMATION: We agree with the request to refer to to, various aircraft of U.S. registry. ‘‘aircraft’’ instead of ‘‘various transport Discussion We also estimate that it will take and small airplanes’’ for the reasons about 25 work-hours per product to We issued a notice of proposed stated by the commenter. We have comply with the basic requirements of rulemaking (NPRM) to amend 14 CFR replaced the text ‘‘various transport and this AD. The average labor rate is $85 part 39 by adding an AD that would small airplanes’’ with the word per work-hour. Based on these figures, apply to certain Kidde Graviner hand- ‘‘aircraft’’ in paragraph (c) of this AD. we estimate the cost of this AD on U.S. operated fire extinguishers. The NPRM Change to Manufacturer’s Name operators to be $850,000, or $2,125 per published in the Federal Register on product. October 16, 2014 (79 FR 62070). We have revised paragraph (c)(3) of The European Aviation Safety Agency this AD to identify the manufacturer Authority for This Rulemaking (EASA), which is the Technical Agent name for the Model C–212–CB, C–212– Title 49 of the United States Code for the Member States of the European CC, C–212–CD, C–212–CE, C–212–CF, specifies the FAA’s authority to issue Union, has issued EASA Airworthiness C–212–DE, and C–212–DF airplanes as rules on aviation safety. Subtitle I, Directive 2012–0037, dated March 9, Airbus Defense and Space S.A. (Type section 106, describes the authority of 2012 (referred to after this as the Certificate previously held by EADS the FAA Administrator. ‘‘Subtitle VII: Mandatory Continuing Airworthiness CASA; Construcciones Aeronauticas, Aviation Programs,’’ describes in more Information, or ‘‘the MCAI’’), to correct S.A.). Airbus Defense and Space S.A. detail the scope of the Agency’s an unsafe condition for certain Kidde (Type Certificate previously held by authority. Graviner hand-operated fire EADS CASA; Construcciones We are issuing this rulemaking under extinguishers. The MCAI states: Aeronauticas, S.A.) is the manufacturer the authority described in ‘‘Subtitle VII, An instance occurred where an operator name published in the most recent type Part A, Subpart III, Section 44701: tried to use the fire extinguisher, but the certificate data sheet for those models. General requirements.’’ Under that extinguisher failed to operate when the section, Congress charges the FAA with activation lever was pressed. Clarification of Parts Installation promoting safe flight of civil aircraft in This condition, if not detected and Prohibition air commerce by prescribing regulations corrected, could lead, in case of need to use the device to extinguish a fire on an aircraft, We have added a reference to for practices, methods, and procedures to jeopardize the occupants’ safety as well as ‘‘paragraph (h) of this AD’’ within the Administrator finds necessary for the flight continuation and safe landing. paragraph (i) of this AD to clarify which safety in air commerce. This regulation The part manufacturer Kidde Graviner has modified parts may be installed. is within the scope of that authority introduced a design change to remove the because it addresses an unsafe condition root cause of the possible failure. Conclusion that is likely to exist or develop on This [EASA] AD requires to modify all We reviewed the relevant data, products identified in this rulemaking potentially defective fire extinguishers action. [including applying adhesive to the gland considered the comments received, and nut]. determined that air safety and the Regulatory Findings public interest require adopting this AD You may examine the MCAI in the AD with the changes described previously We determined that this AD will not docket on the Internet at http:// and minor editorial changes. We have have federalism implications under www.regulations.gov/ determined that these minor changes: Executive Order 13132. This AD will #!documentDetail;D=FAA-2014-0751- • Are consistent with the intent that not have a substantial direct effect on 0004. was proposed in the NPRM (79 FR the States, on the relationship between Comments 62070, October 16, 2014) for correcting the national government and the States, or on the distribution of power and We gave the public the opportunity to the unsafe condition; and • responsibilities among the various participate in developing this AD. The Do not add any additional burden upon the public than was already levels of government. following presents the comments For the reasons discussed above, I proposed in the NPRM (79 FR 62070, received on the NPRM (79 FR 62070, certify that this AD: October 16, 2014). October 16, 2014) and the FAA’s 1. Is not a ‘‘significant regulatory response to each comment. One We also determined that these action’’ under Executive Order 12866; anonymous commenter supported the changes will not increase the economic 2. Is not a ‘‘significant rule’’ under the NPRM. burden on any operator or increase the DOT Regulatory Policies and Procedures scope of this AD. Request To Refer to ‘‘Aircraft’’ Instead (44 FR 11034, February 26, 1979); of ‘‘Various Transport and Small Related Service Information Under 1 3. Will not affect intrastate aviation in Airplanes’’ CFR Part 51 Alaska; and 4. Will not have a significant One anonymous commenter requested Kidde Graviner has issued Alert economic impact, positive or negative, that we revise paragraph (c) of the Service Bulletin A26–081, Revision 1, on a substantial number of small entities proposed AD (79 FR 62070, October 16, dated January 31, 2012. The service under the criteria of the Regulatory 2014) to refer to ‘‘aircraft’’ instead of information describes procedures for Flexibility Act. ‘‘various transport and small airplanes.’’ modifying fire extinguishers. This The commenter stated that the change is service information is reasonably Examining the AD Docket in the interest of improving accuracy available because the interested parties You may examine the AD docket on and for clarification. The commenter have access to it through their normal the Internet at http:// added the request is based on the fact course of business or by the means www.regulations.gov/ that the key to addressing the unsafe identified in the ADDRESSES section of #!docketDetail;D=FAA-2014-0751; or in condition is finding suspected products, this AD. person at the Docket Management

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Facility between 9 a.m. and 5 p.m., (e) Reason MCAI may be found in the AD docket on the Monday through Friday, except Federal This AD was prompted by a report that a Internet at http://www.regulations.gov/ holidays. The AD docket contains this fire extinguisher failed to operate when the #!documentDetail;D=FAA–2014–0751–0004. AD, the regulatory evaluation, any activation lever was pressed. We are issuing (2) Service information identified in this this AD to prevent fire extinguishers from AD that is not incorporated by reference is comments received, and other available at the addresses specified in information. The street address for the failing to operate in the event of a fire, which could jeopardize occupants’ safety and paragraphs (l)(3) and (l)(4) of this AD. Docket Operations office (telephone continuation of safe flight and landing. 800–647–5527) is in the ADDRESSES (l) Material Incorporated by Reference section. (f) Compliance (1) The Director of the Federal Register Comply with this AD within the approved the incorporation by reference List of Subjects in 14 CFR Part 39 compliance times specified, unless already (IBR) of the service information listed in this Air transportation, Aircraft, Aviation done. paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. safety, Incorporation by reference, (g) Modification Safety. (2) You must use this service information Within 6 months after the effective date of as applicable to do the actions required by Adoption of the Amendment this AD, modify all Kidde Graviner hand- this AD, unless this AD specifies otherwise. Accordingly, under the authority operated fire extinguishers having part (i) Kidde Graviner Alert Service Bulletin numbers 56412–001 (34H), 56411–001 (35H), A26–081, Revision 1, dated January 31, 2012. delegated to me by the Administrator, and 56412–002 (38H), in accordance with the Page 2 of this document is dated August 23, the FAA amends 14 CFR part 39 as Accomplishment Instructions of Kidde 2011. follows: Graviner Alert Service Bulletin A26–081, (ii) Reserved. Revision 1, dated January 31, 2012. (3) For service information identified in PART 39—AIRWORTHINESS this AD, contact Kidde Graviner Limited, (h) Credit for Previous Actions DIRECTIVES Mathisen Way, Colnbrook, Slough, Berkshire, This paragraph provides credit for actions SL3 0HB, United Kingdom; telephone +44 (0) ■ 1. The authority citation for part 39 required by paragraph (g) of this AD, if those 1753 583245; fax +44 (0) 1753 685040. continues to read as follows: actions were performed before the effective (4) You may view this service information date of this AD using Kidde Graviner Alert Authority: 49 U.S.C. 106(g), 40113, 44701. at the FAA, Transport Airplane Directorate, Service Bulletin A26–081, dated August 23, 1601 Lind Avenue SW., Renton, WA. For § 39.13 [Amended] 2011, which is not incorporated by reference information on the availability of this in this AD. material at the FAA, call 425–227–1221. ■ 2. The FAA amends § 39.13 by adding (i) Parts Installation Prohibition (5) You may view this service information the following new airworthiness that is incorporated by reference at the directive (AD): As of the effective date of this AD, no National Archives and Records person may install any Kidde Graviner hand- Administration (NARA). For information on 2015–16–04 Kidde Graviner: Amendment operated fire extinguisher having part the availability of this material at NARA, call 39–18229. Docket No. FAA–2014–0751; number 56412–001 (34H), 56411–001 (35H), 202–741–6030, or go to: http:// Directorate Identifier 2013–NM–188–AD. or 56412–002 (38H) on any airplane unless www.archives.gov/federal-register/cfr/ibr- the fire extinguisher has been modified as (a) Effective Date locations.html. specified in paragraph (g) or (h) of this AD. This AD becomes effective September 15, 2015. (j) Other FAA AD Provision Issued in Renton, Washington, on July 29, 2015. (b) Affected ADs The following provision for Alternative Methods of Compliances (AMOCs) also Michael Kaszycki, None. applies to this AD: The manager of the office Acting Manager, Transport Airplane (c) Applicability having certificate responsibility for the Directorate, Aircraft Certification Service. This AD applies to Kidde Graviner hand- affected product has the authority to approve [FR Doc. 2015–19474 Filed 8–10–15; 8:45 am] AMOCs for this AD, if requested using the operated fire extinguishers having part BILLING CODE 4910–13–P numbers 56412–001 (34H), 56411–001 (35H), procedures found in 14 CFR 39.19. In and 56412–002 (38H). These fire accordance with 14 CFR 39.19, send your extinguishers may be installed on, but not request to your principal inspector or local limited to, aircraft, certificated in any Flight Standards District Office, as DEPARTMENT OF HOUSING AND category, specified in paragraphs (c)(1), (c)(2), appropriate. The Manager, Boston Aircraft URBAN DEVELOPMENT (c)(3), (c)(4), (c)(5), and (c)(6) of this AD. Certification Office (ACO), FAA, will (1) BAE Systems (Operations) Limited coordinate requests for approval of AMOCs 24 CFR Parts 200 and 232 Model ATP airplanes. with the manager of the appropriate office for (2) BAE Systems (Operations) Limited the affected product. Send information to [Docket No. FR–5632–F–02] ATTN: Ian Lucas, Aerospace Engineer, Model 4101 airplanes. RIN 2502–AJ27 (3) Airbus Defense and Space S.A. (Type Boston ACO, ANE–150, FAA, Engine and Propeller Directorate, 12 New England Certificate previously held by EADS CASA; Federal Housing Administration (FHA): Construcciones Aeronauticas, S.A.) Model C– Executive Park, Burlington, MA 01803; 212–CB, C–212–CC, C–212–CD, C–212–CE, phone: 781–238–7757; fax: 781–238–7170; Updating Regulations Governing HUD C–212–CF, C–212–DE, and C–212–DF email: [email protected]. Before using any Fees and the Financing of the airplanes. approved AMOC, notify your appropriate Purchase and Installation of Fire (4) Fokker Services B.V. Model F.27 Mark principal inspector, or lacking a principal Safety Equipment in FHA-Insured 050, 100, 200, 300, 400, 500, 600, and 700 inspector, the manager of the local flight Healthcare Facilities airplanes. standards district office/certificate holding (5) Short Brothers PLC Model SD3–60 district office. The AMOC approval letter AGENCY: Office of the Assistant SHERPA, SD3–SHERPA, SD3–30, and SD3– must specifically reference this AD. Secretary for Housing-Federal Housing 60 airplanes. (k) Related Information Commissioner, HUD. (6) SHORT BROTHERS & HARLAND LTD SC–7 Series 2 and SC–7 Series 3 airplanes. (1) Refer to Mandatory Continuing ACTION: Final rule. Airworthiness Information (MCAI) European (d) Subject Aviation Safety Agency (EASA) SUMMARY: This rule updates HUD fees Air Transport Association (ATA) of Airworthiness Directive 2012–0037, dated for multifamily housing and residential America Code 26, Fire Protection. March 9, 2012, for related information. This healthcare facilities, and updates and

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streamlines the Section 232 program 232 program regulations. The current that the fire safety equipment has been regulations that govern the financing of § 200.40(d), setting the general satisfactorily installed. The rule the purchase and installation of fire application fee, would be redesignated proposed to replace this provision with safety equipment in insured healthcare as § 200.40(d)(1). In addition, a requirement of a certification that the facilities, which have not been paragraphs (d)(1) and (d)(2) would allow improvements were installed as substantially updated in over 20 years. the Secretary flexibility in setting the required by § 232.500(c). As stated This final rule gives HUD flexibility in respective fees, up to a maximum fee of earlier in regard to other proposed raising or lowering fees, and for $5.00 per thousand dollars of the changes, § 232.615 would still require residential healthcare facilities, requested mortgage amount to be the facility to meet HHS fire safety streamlines the loan application process insured. requirements in order for HUD to insure by eliminating unnecessary The rule proposed to eliminate the the loan. requirements, conforming needed commitment fee in HUD’s regulations at The rule proposed to eliminate the requirements to current industry 24 CFR part 232, subpart C, and requirement in § 232.620 that an practices, and allowing for HUD to therefore also proposed to eliminate the application for insurance under 24 CFR centralize the loan application process. requirement in § 232.515 that the part 232, subpart C, be accompanied by DATES: Effective Date: September 10, commitment fee be refunded. The a statement from HHS or the HHS 2015. provisions allowing for refund of the Secretary’s designee, such as a State, application fee remained unchanged. In that the facility will meet pertinent FOR FURTHER INFORMATION CONTACT: For addition, instead of being set out in the health and safety requirements of information about: HUD’s Multifamily Section 232 program regulations, the HHS—other than the fire safety Housing program, contact Dan Sullivan, maximum fees and charges and the equipment requirements—once the fire Deputy Director, Office of Multifamily inspection fee in §§ 232.520 and safety equipment has been installed. Housing Development, Office of 232.522, respectively, would cross- Instead of this requirement, the rule Housing, Department of Housing and reference the §§ 200.40 and 200.41 proposed to substitute a reference to Urban Development, 451 7th Street SW., regulations. certification of compliance with HHS, Room 6148, Washington, DC 20410– Federal, State, and local requirements Update and Streamline 24 CFR 232, 8000; telephone number 202–708–1142; for fire safety equipment to be provided Subpart C, Regulations HUD’s Healthcare program, contact prior to endorsement. Vance Morris, Office of Healthcare HUD’s January 14, 2015, rule Definitions. The rule proposed to Programs, Office of Housing, proposed to update and streamline the update the outdated standard in Department of Housing and Urban requirements of HUD’s regulations at 24 § 232.500(c)(1) which required ‘‘fire Development, 451 7th Street SW., Room CFR part 232, subpart C, and primarily safety equipment’’ to meet the standards 6134, Washington, DC 20410–8000; focused on removing or revising several for applicable occupancy of any edition telephone number 202–402–2419. The fees required in these regulations that of the Life Safety Code 1 (LSC) of the telephone numbers listed above are not HUD has determined are no longer National Fire Protection Association toll-free numbers. Persons with hearing needed or, alternatively, are not set at after 1966 (§ 232.500(c)(1)(i)); or a or speech impairments may access these sufficient levels. standard mandated by a State, under the numbers through TTY by calling the Health and Human Services (HHS) provisions of section 1616(e) of the toll-free Federal Relay Service at 800– requirements and involvement. The rule Social Security Act (§ 232.500(c)(1)(ii)); 877–8339 (this is a toll-free number). proposed to streamline HUD’s or any appropriate requirement SUPPLEMENTARY INFORMATION: regulations by eliminating duplicative approved by the Secretary of HHS for and unnecessary involvement by HHS. providers of services under title XVIII or I. Background—the January 14, 2015, For example, the rule proposed to revise title XIX of the Social Security Act Proposed Rule the definition of ‘‘equipment cost’’ in (§ 232.500(c)(1)(iii)). For On January 14, 2015, HUD published § 232.500(e) to eliminate the § 232.500(c)(1)(i), the rule proposed a proposed rule in the Federal Register, involvement of the Secretary of HHS in instead to require that ‘‘fire safety at 80 FR 1855, to update HUD fees for estimating the reasonable cost of the fire equipment’’ meet the applicable multifamily housing and residential safety equipment installation. HUD has provisions of the edition of the LSC healthcare facilities, and update and determined that the estimate by the adopted by the Secretary of HHS. For streamline the Section 232 program Secretary of HHS is an unnecessary § 232.500(c)(1)(ii), HUD proposed no regulations that govern the financing of step. change. HUD proposed to remove the purchase and installation of fire The rule proposed to remove the § 232.500(c)(1)(iii), because approval by safety equipment in insured healthcare requirement at § 232.505(a) that an the Secretary of HHS is achieved facilities. See the January 14, 2015, application for insurance of a fire safety through the change to § 232.500(c)(1)(i). proposed rule for a more detailed listing loan under part 232 be considered in The rule also proposed to revise the of the proposed changes. connection with a proposal approved by definition of ‘‘eligible borrower’’ in the Secretary of HHS. Section 232.615 Update HUD Fees § 232.615 to eliminate all references to would still require, however, that the the requirement that the facility meet HUD’s January 14, 2015, rule facility requesting the loan meet HHS proposed to amend HUD’s general fee fire safety requirements. 1 The Life Safety Code addresses those regulations in 24 CFR 200.40, which In § 232.510(b), the rule proposed to construction, protection, and occupancy features contain the fees that apply to most replace the responsibility of the necessary to minimize danger to life from the effects of fire, including smoke, heat, and toxic gases mortgages insured by FHA, including Secretary of HHS to determine the created during a fire. The code also addresses Section 232 mortgages. To bring satisfactory completion of installation of protective features and systems, building services, consistency and conformity to HUD’s fire safety equipment with that of the operating features, maintenance activities, and regulations, the amount of the Commissioner. other provisions in recognition of the fact that achieving an acceptable degree of life safety application fee for Section 232 programs In § 232.570, the rule proposed to depends on additional safeguards to provide would be moved to a new § 200.40(d)(2), eliminate the requirement that the adequate egress time or protection for people and only cross-referenced in the Section Secretary of HHS submit a statement exposed to fire.

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HHS health and safety requirements, regulatory action is significant and, speech or hearing impairments may although the facility would still have to therefore, subject to review by the Office access this number via TTY by calling meet HHS fire safety requirements. of Management and Budget (OMB) in the Federal Relay Service at 800–877– Applications. HUD proposed to accordance with the requirements of the 8339 (this is a toll-free number). remove the requirement in § 232.505(b) order. Executive Order 13563 Unfunded Mandates Reform Act to submit applications to HUD’s local (Improving Regulations and Regulatory offices. Review) directs executive agencies to Title II of the Unfunded Mandates Method of loan payment and analyze regulations that are ‘‘outmoded, Reform Act of 1995 (2 U.S.C. 1531– amortization period. Instead of being set ineffective, insufficient, or excessively 1538) (UMRA) establishes requirements out in the 232 program regulations, the burdensome, and to modify, streamline, for Federal agencies to assess the effects method of loan payment and expand, or repeal them in accordance of their regulatory actions on State, amortization period in § 232.540 would with what has been learned.’’ Executive local, and tribal governments, and on cross-reference § 200.82. Order 13563 also directs that, where the private sector. This rule would not Maximum loan amount. In § 232.565, relevant, feasible, and consistent with impose any Federal mandates on any the rule proposed to revise the regulatory objectives, and to the extent State, local, or tribal governments, or on maximum loan amount to allow for the permitted by law, agencies are to the private sector, within the meaning of financing of fees, similar to the identify and consider regulatory the UMRA. approaches that reduce burdens and regulations governing fees in other Regulatory Flexibility Act Section 232 loan insurance programs. maintain flexibility and freedom of Contract requirements. The rule choice for the public. The Regulatory Flexibility Act (5 proposed to remove the limitation in At the proposed rule stage, this U.S.C. 601 et seq.) generally requires an § 232.605 that contracts be either lump document was determined not to be a agency to conduct a regulatory sum or cost plus contracts and instead ‘‘significant regulatory action’’ as flexibility analysis of any rule subject to proposed to allow such contracts as may defined in section 3(f) of the Executive notice and comment rulemaking be specified by the FHA Commissioner. order. Because this final rule adopts the requirements, unless the agency certifies Certification of cost requirements. In January 14, 2015, proposed rule, that the rule will not have a significant § 232.610, the rule proposed to require without change, the final rule is also not economic impact on a substantial that a certification of actual cost be a ‘‘significant regulatory action’’ as number of small entities. made for all forms of contract, instead defined in section 3(f) of Executive The final rule imposes no of only when a cost plus form of Order 12866. requirements on small businesses. In fact, streamlining the Fire Safety contract is used. Further, it proposed to Paperwork Reduction Act eliminate the requirement that the Equipment Loan Program requirements The information collection amount of the loan be adjusted to reflect should ease an existing burden on those requirements contained in this proposed the actual cost to the borrower of the small businesses seeking to rule have been submitted to the OMB improvements. accommodate acute care patients and under the Paperwork Reduction Act of those needing to upgrade or install fire II. This Final Rule 1995 (44 U.S.C. 3501–3520), and safety equipment to meet HHS This final rule follows publication of approved under OMB control numbers requirements. the January 14, 2015, proposed rule and 2502–0605 and 2502–0541. In Accordingly, the undersigned certifies adopts that proposed rule without accordance with the Paperwork that this final rule will not have a change. The public comment period for Reduction Act, an agency may not significant economic impact on a the proposed rule closed on March 16, conduct or sponsor, and a person is not substantial number of small entities. required to respond to, a collection of 2015, and HUD received one public Executive Order 13132, Federalism comment. information unless the collection Executive Order 13132 (entitled Comment: This rulemaking is the displays a currently valid OMB control ‘‘Federalism’’) prohibits an agency from appropriate solution to an outdated and number. publishing any rule that has federalism burdensome loan application process. Environmental Review implications if the rule either (i) Commenter is supportive of HUD’s A Finding of No Significant Impact imposes substantial direct compliance proposed rule to update outdated and (FONSI) with respect to the costs on State and local governments burdensome requirements. Commenter environment for this rule was made at and is not required by statute or (ii) states that updating the rules that the proposed rule stage, in accordance preempts State law, unless the agency govern the financing of the purchase with HUD regulations at 24 CFR part 50, meets the consultation and funding and installation of fire safety equipment which implement section 102(2)(C) of requirements of section 6 of the in insured healthcare facilities will save the National Environmental Policy Act Executive order. This rule does not have lives and streamlining the loan of 1969 (42 U.S.C. 4332(2)(C)). The federalism implications and does not application process will reduce FONSI remains applicable, and is impose substantial direct compliance administrative burdens and costs. available for public inspection between costs on State and local governments or HUD Response: HUD appreciates the 8 a.m. and 5 p.m., weekdays, in the preempt State law within the meaning commenter’s support for this rule and Regulations Division, Office of General of the Executive order. adopts the proposed rule without Counsel, Department of Housing and change. Urban Development, 451 7th Street SW., Catalogue of Federal Domestic Assistance III. Findings and Certifications Room 10276, Washington, DC 20410– 5000. Due to security measures at the The Catalogue of Federal Domestic Regulatory Review—Executive Orders HUD Headquarters building, please Assistance Number for the Mortgage 12866 and 13563 schedule an appointment to review the Insurance Nursing Homes, Intermediate Under Executive Order 12866 FONSI by calling the Regulations Care Facilities, Board and Care Homes (Regulatory Planning and Review), a Division at 202–402–3055 (this is not a and Assisted Living Facilities is 14.129; determination must be made whether a toll-free number). Individuals with for Mortgage Insurance-Rental Housing

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is 14.134; for Mortgage Insurance for the thousand dollars of the requested completion of installation of the fire Purchase or Refinancing of Existing mortgage amount to be insured. safety equipment, as determined by the Multifamily Housing Projects is 14.155. * * * * * Commissioner. (c) Term of commitment. A List of Subjects PART 232—MORTGAGE INSURANCE commitment shall have a term as the 24 CFR Part 200 FOR NURSING HOMES, Commissioner deems necessary for INTERMEDIATE CARE FACILITIES, satisfactory completion of installation. Administrative practice and BOARD AND CARE HOMES, AND (d) Commitment fee. See 24 CFR procedure, Claims, Equal employment ASSISTED LIVING FACILITIES 200.40(d)(2). opportunity, Fair housing, Home (e) Increase in commitment prior to improvement, Housing standards, Lead ■ 3. The authority citation for 24 CFR endorsement. An application, filed prior poisoning, Loan programs—housing and part 232 continues to read as follows: to endorsement, for an increase in the community development, Mortgage amount of an outstanding firm insurance, Organization and functions Authority: 12 U.S.C. 1715b, 1715w; 42 U.S.C. 3535(d). commitment shall be accompanied by (Government agencies), Penalties, an additional application fee. The Reporting and recordkeeping. Subpart C—Eligibility Requirements— additional application fee shall be in an 24 CFR Part 232 Supplemental Loans To Finance amount determined by the Secretary as Purchase and Installation of Fire equal to the amount determined under Fire prevention, Health facilities, Safety Equipment 24 CFR 200.40(d)(2), which shall not Loan programs—health, Loan exceed $5.00 per thousand dollars of the programs—housing and community ■ 4. In § 232.500, revise paragraphs amount of the requested increase. If an development, Mortgage insurance, (c)(1)(i) and (ii) and (e) to read as inspection fee was required in the Nursing homes, Reporting and follows: original commitment, an additional recordkeeping requirements. § 232.500 Definitions. inspection fee shall be paid in an Accordingly, for the reasons amount computed at the same dollar discussed in this preamble, HUD * * * * * rate per thousand dollars of the amount (c) * * * amends 24 CFR parts 200 and 232 as of increase in commitment as was used (1) * * * follows: for the inspection fee required in the (i) The edition of The Life Safety Code original commitment. The additional of the National Fire Protection PART 200—INTRODUCTION TO FHA inspection fee shall be paid prior to the Association as accepted by the PROGRAMS date installation of fire safety equipment Department of Health and Human is begun, or, if installation has begun, it ■ Services in 42 CFR 483.70; or 1. The authority citation for 24 CFR shall be paid with the application for (ii) A standard mandated by a State part 200 continues to read as follows: increase. under the provisions of section 1616(e) ■ Authority: 12 U.S.C. 1702–1715z–21; 42 of the Social Security Act. 7. Revise § 232.515 to read as follows: U.S.C. 3535(d). ■ * * * * * § 232.515 Refund of fees. 2. Amend § 200.40 to: (e) Equipment cost means the ■ If the amount of the commitment a. Redesignate paragraph (d) as reasonable cost of fire safety equipment paragraph (d)(1); issued or an increase in the loan amount fully installed as determined by the prior to endorsement is less than the ■ b. Revise the paragraph heading and Commissioner. amount applied for, the Commissioner first sentence of newly redesignated * * * * * shall refund the excess amount of the (d)(1); and ■ application fee submitted by the ■ 5. Revise § 232.505 to read as follows: c. Add paragraph (d)(2). applicant. If an application is rejected The revisions and addition read as § 232.505 Application and application fee. before it is assigned for processing, or in follows: (a) Filing of application. An such other instances as the § 200.40 HUD fees. application for insurance of a fire safety Commissioner may determine, the loan for a nursing home, intermediate entire application fee or any portion * * * * * care facility, assisted living facility or thereof may be returned to the (d)(1) Application fee—firm board and care home shall be submitted applicant. commitment: General. An application on an approved HUD form by an ■ 8. Revise § 232.520 to read as follows: for firm commitment shall be approved lender and by the owners of accompanied by an application- the project to the HUD office. § 232.520 Maximum fees and charges by commitment fee in an amount (b) Application fee. See 24 CFR lender. determined by the Secretary, which 200.40(d)(2). See 24 CFR 200.40 titled ‘‘HUD fees’’ when added to any prior fees received ■ and 200.41 titled ‘‘Maximum mortgage in connection with the same 6. Amend § 232.510 to: ■ a. Revise paragraphs (b), (c), and (d); fees and charges’’ for maximum fees and application, shall not exceed $5.00 per ■ b. Remove paragraph (e); and charges applicable to mortgages insured thousand dollars of the requested ■ c. Redesignate paragraph (f) as under 24 CFR part 232. mortgage amount to be insured. paragraph (e) and revise newly ■ 9. Revise § 232.522 to read as follows: *** designated paragraph (e) to read as § 232.522 Inspection fee. (2) Application fee—Section 232 follows: Programs. For purposes of mortgages See 24 CFR 200.40 titled ‘‘HUD fees’’ insured under HUD’s regulations in 24 § 232.510 Commitment and commitment and 200.41 titled ‘‘Maximum mortgage CFR part 232, subpart C, an application fee. fees and charges’’ for maximum fees and for firm commitment shall be * * * * * charges applicable to mortgages insured accompanied by an application fee in an (b) Type of commitment. The under 24 CFR part 232. amount determined by the Secretary, commitment will provide for the ■ 10. Revise § 232.540 to read as which shall not exceed $5.00 per insurance of the loan after satisfactory follows:

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§ 232.540 Method of loan payment and equipment the nursing home or FOR FURTHER INFORMATION CONTACT: Don amortization period. intermediate care facility will meet the Bunuan, U.S. Department of Education, See 24 CFR 200.82 titled ‘‘Maturity’’ applicable fire safety requirements of 400 Maryland Avenue SW., Room 5046, for loan payment and amortization HHS. Until the termination of all Potomac Center Plaza (PCP), period requirements applicable to obligations of the Commissioner under Washington, DC 20202–2800. mortgages insured under 24 CFR part an insurance contract under this subpart Telephone: (202) 245–6616 or by email: 232. and during such further period of time [email protected]. ■ 11. In § 232.565, revise the first as the Commissioner shall be the owner, If you use a telecommunications sentence to read as follows: holder, or reinsurer of the loan, the device for the deaf (TDD) or a text borrower shall be regulated or restricted telephone (TTY), call the Federal Relay § 232.565 Maximum loan amount. by the Commissioner as to methods of Service (FRS), toll free, at 1–800–877– The principal amount of the loan operation including requirements for 8339. shall not exceed the lower of the maintenance of fire safety equipment. SUPPLEMENTARY INFORMATION: Commissioner’s estimate of the cost of * * * * * the fire safety equipment, including the Purpose of Program: This program is ■ cost of installation and eligible fees, or 16. Revise § 232.620 to read as designed to (a) develop new types of the amount supported by ninety percent follows: training programs for rehabilitation (90%) of the residual income, which is personnel and to demonstrate the § 232.620 Determination of compliance effectiveness of these new types of ninety percent (90%) of the amount of with fire safety equipment requirements. training programs for rehabilitation net income remaining after payment of Prior to Endorsement, applicant must all existing debt service requirements, as personnel in providing rehabilitation provide certification that the installed services to individuals with disabilities; determined by the Commissioner. * * * improvements will meet HHS, as well as ■ and (b) develop new and improved 12. In § 232.570, revise paragraph (c) all other Federal, state and local methods of training rehabilitation to read as follows: requirements for fire safety equipment, personnel, so that there may be a more § 232.570 Endorsement of credit if applicable. effective delivery of rehabilitation instrument. Dated: August 6, 2015. services by State and other * * * * * Edward L. Golding, rehabilitation agencies. (c) Certification that fire safety Principal Deputy, Assistant Secretary for Program Authority: 29 U.S.C. equipment was installed as required by Housing. 772(a)(1). § 232.500(c). Nani A. Coloretti, Applicable Program Regulations: 34 ■ 13. Revise § 232.605 to read as Deputy Secretary. CFR part 385 and 387. follows: We published a notice of proposed [FR Doc. 2015–19714 Filed 8–10–15; 8:45 am] priority for this competition in the § 232.605 Contract requirements. BILLING CODE 4210–67–P Federal Register on May 28, 2015 (80 The contract between the mortgagor FR 30399). That notice contained and the general contractor may be in the background information and our reasons form of a lump sum contract, a cost plus DEPARTMENT OF EDUCATION for proposing the particular priority. contract, or different or alternative There are differences between the forms of contract specified by the 34 CFR Chapter III proposed priority and the final priority, and we explain those differences in the Commissioner. [Docket ID ED–2015–OSERS–0048; CFDA ■ 14. In § 232.610, revise paragraph (a) Number: 84.263B.] Analysis of Comments and Changes to read as follows: section of this notice. Final Priority—Technical Assistance Public Comment: In response to our § 232.610 Certification of cost Center for Vocational Rehabilitation invitation in the notice of proposed requirements. Agency Program Evaluation and priority, four parties submitted (a) Certificate and adjustment. No Quality Assurance comments. loan shall be insured unless a Generally, we do not address certification of actual cost is made by AGENCY: Office of Special Education and technical and other minor changes. In the contractor. Rehabilitative Services, Department of addition, we do not address comments * * * * * Education. that raise concerns not directly related ■ 15. In § 232.615, revise paragraph (a) ACTION: Final priority. to the proposed priority. to read as follows: Analysis of the Comments and SUMMARY: The Assistant Secretary for Changes: An analysis of the comments § 232.615 Eligible borrowers. Special Education and Rehabilitative and of any changes in the priority since (a) In order to be eligible as a Services announces a priority under the publication of the notice of proposed borrower under this subpart the Experimental and Innovative Training priority follows. applicant shall be a profit or non-profit program. The Assistant Secretary may Comment: One commenter observed entity, which owns a nursing home or use this priority for competitions in that the priority should provide for intermediate care facility for which the fiscal year (FY) 2015 and later years. We continuing personnel development for Secretary of Health and Human Services take this action to focus Federal those who have completed the Basic has determined that the installation of financial assistance on an identified Certification Program and approach the fire safety equipment in such facility is national need. We intend the priority to intermediate level of competency. The necessary to meet the applicable support a Technical Assistance Center commenter recommended allowing requirements of the Secretary of Health for Vocational Rehabilitation Agency those who have completed the Basic and Human Services for providers of Program Evaluation and Quality Certification Training to qualify as services under Title XVIII and Title XIX Assurance (PEQA). intermediate-level program evaluators of the Social Security Act and that upon DATES: This priority is effective in order to access the Special Topical completion of the installation of such September 10, 2015. Trainings. In addition, two commenters

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recommended adding a technical Discussion: We agree that creating information and resources for use by assistance (TA) component that new communities of practice is not State VR agencies is important, and addresses quality improvement in the always necessary. Coordinating with, mechanisms to ensure the timely work of all vocational rehabilitation and enhancing the efforts of, existing dissemination of such materials will be (VR) personnel, not just the VR agency’s communities of practice focused on included in the cooperative agreement. program evaluators. The commenters program evaluation could also be Changes: None. noted that quality improvement is an beneficial in sharing information, Comment: One commenter requested issue relevant to work at all levels of a exchanging ideas, and accomplishing that the new center provide TA to tribal VR agency; therefore, other VR staff the activities in paragraph (a) of the VR programs funded through the need to understand the principles of Coordination Activities section of the Rehabilitation Services Administration program evaluation, quality assurance, priority. (RSA), observing that this would be and continuous improvement. Changes: The communities of practice particularly beneficial since tribal VR Discussion: We agree that a wide array requirement in paragraph (a) of programs have many of the same of State VR agency personnel could Coordination Activities under the requirements to demonstrate continuous benefit from a greater understanding of Project Activities section has been improvement as State VR agencies. program evaluation and quality revised to also permit the PEQA to Discussion: This priority is intended assurance principles. However, the support, strengthen, and augment to assist State VR agencies to build their focus of this priority is to advance the existing communities of practice, and to capacity to meet the performance knowledge and skills of VR program establish new communities of practice, accountability demands of core evaluation personnel through as needed, to act as vehicles for programs under WIOA’s workforce specialized professional education and communication, exchange of system. Specifically, this priority is training. The priority is not intended as information among program evaluation designed to assist State VR agencies to a vehicle for providing technical professionals, and a forum for sharing implement high-quality program assistance to a broader range of VR the results of capstone projects that are evaluation and quality assurance personnel on general program in progress or have been completed. programs through the education and evaluation and quality assurance Comment: Two commenters training of VR evaluation personnel. principles. mentioned a preference for substituting Other programs of the Department Thus, the Basic Certification Program the term ‘‘continuous improvement’’ for address these and other needs of tribal described in this priority is designed as ‘‘quality assurance’’ throughout the VR agencies. Amendments made by an intensive, structured training priority. Commenters cited the WIOA to section 121 of the program to increase the numbers and extensive use of ‘‘continuous Rehabilitation Act require RSA to qualifications of VR program evaluators. improvement’’ in the proposed reserve funds from the set-aside for the The Special Topical Trainings are regulations implementing the Workforce American Indian Vocational targeted to more advanced program Innovation and Opportunity Act Rehabilitation Services (AIVRS) evaluators, and we want to ensure that (WIOA) that were published in the program under section 110(c) to provide those individuals have first priority in Federal Register on April 16, 2015 (80 training and TA to assist governing attending those sessions. However, if FR 21059). bodies of Indian tribes in developing, additional space in a Special Topical Discussion: We recognize the conducting, administering, and Training is available, we believe it significance of the term ‘‘continuous evaluating their AIVRS projects. would be an appropriate and efficient improvement’’ and its use throughout Changes: None. use of resources to open enrollment to WIOA. However, we believe that Comment: Two commenters requested individuals who have completed the ‘‘quality assurance’’ and ‘‘program that grant funds under this priority be Basic Certification Program, and then, if evaluation,’’ as described in this used to provide logistical and technical seats still remain, to other State VR priority, represent key elements of the support for an existing annual agency personnel whose current work overall process of ‘‘continuous conference focused on program responsibilities are closely aligned with improvement.’’ evaluation. Both commenters indicated the specific topic area of the training. Changes: We have revised the initial that an opportunity for in-person Changes: We have inserted a new paragraph of the priority to emphasize interaction and networking would paragraph (b) in the Special Topical that continuous improvement is the benefit the field as well as support the Training section of the priority that overall goal of program evaluation and efforts of objectives of the priority. would allow the PEQA, after ensuring quality assurance. However, we have Discussion: Nothing in the priority that intermediate-level program retained the priority’s focus on skill precludes an applicant from proposing evaluators have been given priority to development in the area of program to provide logistical and technical register for a specific training session, to evaluation and quality assurance. We support for an existing annual open registration to individuals who have also added footnotes referencing conference focused on program have completed the Basic Certification the terms ‘‘program evaluation’’ and evaluation and quality assurance, as Program, and then to other VR ‘‘quality assurance’’ as these terms are long as such a proposal is consistent personnel whose current work used in the field in order to clarify the with paragraph (a) of the Coordination responsibilities are closely aligned with use of those terms. Activities section of the proposed the specific topic area of the training, if Comment: One commenter expressed Center. additional space in such training is concern about the process by which Changes: None. available. information and resources are Comment: Two commenters Comment: One commenter disseminated from the TA Center in a recommended that funding be provided recommended that the center support, timely manner for use by State VR for travel for the cohorts of participants strengthen, and augment existing agencies. in the Basic Certification Program. communities of practice that focus on Discussion: Consistent with the Discussion: Nothing in the priority program evaluation, rather than provisions in the ‘‘Coordination would preclude an applicant from establish new communities of practice Activities’’ section of the priority, we proposing to use grant funds to support to perform these functions. agree that timely dissemination of participant travel for the in-person

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component of the Basic Certification professional education and training of (b) Provide training through the Program, consistent with 34 CFR 387.41. VR evaluators. To this end, PEQA will: certificate program to a cohort of eight Changes: None. (a) Provide educational opportunities to ten working professionals in each Comment: One commenter asked for State VR staff from recognized year of the project. whether the trainings detailed under experts in program evaluation and (c) Select participants for the paragraphs (a) and (b) of the Special quality assurance; certificate program based, in part, on the Topical Training section describe the (b) Develop interagency collaboration considered recommendation of their same or different trainings. networks and work teams committed to employing State VR agencies. the improvement of quality assurance Discussion: Paragraphs (a) and (b) Special Topical Training refer to the same trainings. Paragraph (a) systems and tools; and of the Special Topical Training section (c) Deliver technical, professional, (a) Develop a series of special training requires the Center to develop topical and continuing educational support to opportunities for intermediate-level trainings, and paragraph (b) requires State VR program evaluators. program evaluators. These training opportunities must, at a minimum: that those same trainings be conducted Project Activities no fewer than four times a year. (1) Be designed to develop higher- Changes: None. To meet the requirements of this level knowledge, skills, and abilities of Comment: One commenter asked priority, the PEQA must, at a minimum, program participants; whether the Basic Certification Program conduct the following activities: (2) Be focused on a range of topics is an academic or a professional Basic Certification Program determined by the PEQA with input certificate program. from State VR agencies and other (a) Develop a one-year certificate relevant groups or organizations; Discussion: The project is required to program in VR program evaluation that develop a basic certification program. (3) Provide opportunities for hands-on will result in increasing the numbers application of the competencies Nothing in the priority precludes an and qualifications of program evaluators applicant from proposing a program that discussed in the trainings; in State VR agencies. At a minimum, (4) Be of sufficient duration and also provides academic credit to this certificate program must: intensity to ensure that participants participants. However, we note that the (1) Be designed to develop key obtain the competencies discussed in priority requires that the Basic competencies necessary for successful the trainings; and Certification Program be offered at no implementation of program evaluation (5) Assess the progress of program cost to participants. As such, we believe and quality assurance activities, participants in attaining the it is unlikely that a project will offer including, but not limited to: competencies discussed in the trainings. academic credit to all participants, (i) Knowledge of the State-Federal VR (b) If, after ensuring that intermediate- though applicants, with support from an program; level program evaluators have priority institution of higher education, are (ii) Data collection methodologies; in registering for Special Topical welcome to propose such arrangements. (iii) Data analysis and interpretation; Training provided under paragraph (a), Changes: None. (iv) Making evaluative judgments and the PEQA determines that additional recommendations; space is available, the Center may open Final Priority (v) Effective communication of results registration to individuals who have The purpose of this priority is to fund (including presentations, drafting completed the Basic Certification a cooperative agreement for a training reports, and building partnerships); and Program described in this priority. In and technical assistance center that will (vi) Ethical practice. addition, if additional space in such assist State vocational rehabilitation (2) Be responsive to the prior training opportunities is still available (VR) agencies to improve performance knowledge and skills of participants; after intermediate-level program management by building their capacity (3) Incorporate adult learning evaluators and individuals who have to carry out high-quality program principles and opportunities for practice completed the Basic Certification evaluations 1 and quality assurance 2 into training; Program have been allowed to register, practices that promote continuous (4) Be delivered through multiple the Center may open registration to program improvement. modalities and in an accessible format; State VR agency personnel whose The Technical Assistance Center for (5) Assess, at regular intervals, the current work responsibilities are closely Program Evaluation and Quality progress of training participants toward aligned with the specific topic area of Assurance (PEQA) will assist State VR attainment of the key competencies; and the particular training opportunity. agencies in building capacity through (6) Require the completion of a capstone project in order to successfully Note: For purposes of this priority, an complete the program. The capstone ‘‘intermediate-level program evaluator’’ 1 ‘‘Program evaluation’’ is ‘‘the appropriate, timely, and systematic collection, analysis, and project must: is a program evaluator working for a reporting of data to facilitate stakeholder judgement (i) Be completed within one year of State VR agency with the knowledge, concerning program worth in regards to its design, the completion of formal coursework for skills, and abilities typically expected of demands, size and type of effect, match between the certificate program; a professional who has been in such a effect and need, cost effectiveness, strength of casual connections and utility.’’ Leahy, M.J., (ii) Be conducted on a topic position for at least five years. Thielsen, V.A., Millington, M.J., Austin, B., & responsive to the needs of the State VR (c) Conduct no fewer than four special Fleming, A. (2009). Quality assurance and program agency and agreed to by the PEQA, the training opportunities each year of the evaluation: Terms, models, and applications. participant, and the State VR agency; project. Journal of Rehabilitation Administration, 33(2), 69– and 82. Coordination Activities 2 ‘‘Quality assurance’’ is ‘‘a systematic process (iii) Be completed as part of the designed to identify, analyze, and eliminate normal work duties of the participant in (a) Support, strengthen, and augment variations in processes or outcomes.’’ Leahy, M.J., the State VR agency. existing communities of practice, and Thielsen, V.A., Millington, M.J., Austin, B., & (7) Be provided at no cost to establish new communities of practice, Fleming, A. (2009). Quality assurance and program as needed, to act as vehicles for evaluation: Terms, models, and applications. participants, excluding travel and per Journal of Rehabilitation Administration, 33(2), 69– diem costs, which may be provided by communication, exchange of 82. the sponsoring agency. information among program evaluation

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professionals, and a forum for sharing (iii) A plan for communicating and (i) Collecting data on the effectiveness the results of capstone projects that are coordinating with relevant training of training activities; in progress or have been completed. programs and communities of practice, (ii) Analyzing and reporting data on These communities of practice must be State VR agencies, and other RSA the effectiveness of training, including focused on challenges facing program partners. any proposed standards or targets for evaluation professionals and the (2) Use a conceptual framework to determining effectiveness; development of key competencies to develop project plans and activities, (2) Collect and analyze data on address such challenges; describing any underlying concepts, specific and measurable goals, (b) Maintain a Web site that, at a assumptions, expectations, beliefs, or objectives, and intended outcomes of minimum: theories, as well as the presumed the project, including measuring and (1) Provides a central location for later relationships or linkages among these tracking the effectiveness of the training reference and use of capstone projects, variables, and any empirical support for provided. To address this requirement, resources from special training this framework. the applicant must describe— opportunities, and other relevant (3) Be based on current research and (i) Its proposed evaluation materials; and make use of evidence-based practices. methodologies, including instruments, (2) Ensures peer-to-peer access To meet this requirement, the applicant data collection methods, and analyses; between State VR project evaluation must describe: (ii) Its proposed standards or targets professionals; (i) How the current research about for determining effectiveness; (c) Communicate and coordinate, on adult learning principles and (iii) How it will use the evaluation an ongoing basis, with other relevant implementation science will inform the results to examine the effectiveness of Department-funded projects and those proposed training; and its implementation and its progress supported by the Departments of Labor, (ii) How the proposed project will toward achieving the intended Commerce, and Health and Human incorporate current research and outcomes; and Services; and evidence-based practices in the (iv) How the methods of evaluation (d) Maintain ongoing communication development and delivery of its will produce quantitative and with the RSA project officer and other products and services. qualitative data that demonstrate RSA staff as required. (4) Develop products and provide whether the project and individual Application Requirements. services that are of high quality and training activities achieved their sufficient intensity and duration to intended outcomes. To be funded under this priority, achieve the intended outcomes of the (d) Demonstrate, in the narrative applicants must meet the application proposed project. To address this section of the application under and administrative requirements in this requirement, the applicant must ‘‘Adequacy of Project Resources,’’ priority. RSA encourages innovative describe— how— approaches to meet these requirements, (i) Its proposed curriculum for a (1) The proposed project will which are: encourage applications for employment (a) Demonstrate, in the narrative certificate program for VR evaluation from persons who are members of section of the application under professionals; ‘‘Significance of the Project,’’ how the (ii) Its proposed plan for recruiting groups that have traditionally been proposed project will— and selecting trainees for the underrepresented based on race, color, (1) Address State VR agencies’ certification program; national origin, gender, age, or capacity to conduct high quality (iii) Its proposed plan for collecting disability, as appropriate; program evaluation and data analysis information on the impact of capstone (2) The proposed key project activities. To address this requirement, projects; personnel, consultants, and the applicant must: (iv) Its proposed plan for identifying, subcontractors have the qualifications (i) Demonstrate knowledge of selecting and addressing the special and experience to achieve the project’s emerging and best practices in program topical program evaluation and quality intended outcomes; evaluation and quality assurance; assurance related training needs of State (3) The applicant and any key (ii) Demonstrate knowledge of current VR agency staff; partners have adequate resources to State VR and other efforts designed to (v) Its proposed plan for annual carry out the proposed activities; and improve evaluation and performance follow-up with participants in special (4) The proposed costs are reasonable management practices. training opportunities; in relation to the anticipated results and (2) Increase the number of program (5) Develop products and implement benefits. evaluators working in State VR agencies services to maximize the project’s (e) Demonstrate, in the narrative who have obtained a certificate in their efficiency. To address this requirement, section of the application under field of work and the number and the applicant must describe— ‘‘Quality of the Management Plan,’’ quality of program evaluation activities (i) How the proposed project will use how— performed by State VR agencies. technology to achieve the intended (1) The proposed management plan (b) Demonstrate, in the narrative project outcomes; and will ensure that the project’s intended section of the application under (ii) With whom the proposed project outcomes will be achieved on time and ‘‘Quality of Project Services,’’ how the will collaborate and the intended within budget. To address this proposed project will— outcomes of this collaboration. requirement, the applicant must (1) Achieve its goals, objectives, and (c) Demonstrate, in the narrative describe— intended outcomes. To meet this section of the application under (i) Clearly defined responsibilities for requirement, the applicant must ‘‘Quality of the Evaluation Plan,’’ how key project personnel, consultants, and provide— the proposed project will— subcontractors, as applicable; and (i) Measurable intended project (1) Measure and track the (ii) Timelines and milestones for outcomes; effectiveness of the training provided. accomplishing the project tasks. (ii) A plan for how the proposed To meet this requirement, the applicant (2) Key project personnel and any project will achieve its intended must describe its proposed approach consultants and subcontractors will be outcomes; and to— allocated to the project and how these

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allocations are appropriate and adequate Budget (OMB). Section 3(f) of Executive present and future benefits and costs as to achieve the project’s intended Order 12866 defines a ‘‘significant accurately as possible.’’ The Office of outcomes, including an assurance that regulatory action’’ as an action likely to Information and Regulatory Affairs of such personnel will have adequate result in a rule that may— OMB has emphasized that these availability to ensure timely (1) Have an annual effect on the techniques may include ‘‘identifying communications with stakeholders and economy of $100 million or more, or changing future compliance costs that RSA; adversely affect a sector of the economy, might result from technological (3) The proposed management plan productivity, competition, jobs, the innovation or anticipated behavioral will ensure that the products and environment, public health or safety, or changes.’’ services provided are of high quality; State, local, or Tribal governments or We are issuing this final priority only and communities in a material way (also on a reasoned determination that its (4) The proposed project will benefit referred to as an ‘‘economically benefits justify its costs. In choosing from a diversity of perspectives, significant’’ rule); among alternative regulatory including those of State and local (2) Create serious inconsistency or approaches, we selected those personnel, technical assistance otherwise interfere with an action taken approaches that maximize net benefits. providers, researchers, and policy or planned by another agency; Based on the analysis that follows, the makers, among others, in its (3) Materially alter the budgetary Department believes that this regulatory development and operation. impacts of entitlement grants, user fees, action is consistent with the principles or loan programs or the rights and in Executive Order 13563. Types of Priorities obligations of recipients thereof; or We also have determined that this When inviting applications for a (4) Raise novel legal or policy issues regulatory action does not unduly competition using one or more arising out of legal mandates, the interfere with State, local, and tribal priorities, we designate the type of each President’s priorities, or the principles governments in the exercise of their priority as absolute, competitive stated in the Executive order. governmental functions. preference, or invitational through a This final regulatory action is not a In accordance with both Executive notice in the Federal Register. The significant regulatory action subject to orders, the Department has assessed the effect of each type of priority follows: review by OMB under section 3(f) of potential costs and benefits, both Absolute priority: Under an absolute Executive Order 12866. quantitative and qualitative, of this priority, we consider only applications We have also reviewed this final regulatory action. The potential costs that meet the priority (34 CFR regulatory action under Executive Order are those resulting from statutory 75.105(c)(3)). 13563, which supplements and requirements and those we have Competitive preference priority: explicitly reaffirms the principles, determined as necessary for Under a competitive preference priority, structures, and definitions governing administering the Department’s we give competitive preference to an regulatory review established in programs and activities. The benefits of application by (1) awarding additional Executive Order 12866. To the extent the Rehabilitation Training program points, depending on the extent to permitted by law, Executive Order have been well established over the which the application meets the priority 13563 requires that an agency— years through the successful completion (34 CFR 75.105(c)(2)(i)); or (2) selecting (1) Propose or adopt regulations only of similar projects funded for the an application that meets the priority upon a reasoned determination that purpose of improving the skills of State over an application of comparable merit their benefits justify their costs VR agency staff. The priority would that does not meet the priority (34 CFR (recognizing that some benefits and specifically improve the skills of State 75.105(c)(2)(ii)). costs are difficult to quantify); VR agency evaluators. A project of this Invitational priority: Under an (2) Tailor its regulations to impose the type will be particularly beneficial to invitational priority, we are particularly least burden on society, consistent with State VR agencies in this era of interested in applications that meet the obtaining regulatory objectives and increased emphasis on accountability priority. However, we do not give an taking into account—among other things and program results. application that meets the priority a and to the extent practicable—the costs Intergovernmental Review: This preference over other applications (34 of cumulative regulations; program is subject to Executive Order (3) In choosing among alternative CFR 75.105(c)(1)). 12372 and the regulations in 34 CFR This notice does not preclude us from regulatory approaches, select those part 79. One of the objectives of the proposing additional priorities, approaches that maximize net benefits Executive order is to foster an requirements, definitions, or selection (including potential economic, intergovernmental partnership and a criteria, subject to meeting applicable environmental, public health and safety, strengthened federalism. The Executive rulemaking requirements. and other advantages; distributive order relies on processes developed by Note: This notice does not solicit impacts; and equity); State and local governments for (4) To the extent feasible, specify applications. In any year in which we coordination and review of proposed performance objectives, rather than the choose to use this priority, we invite Federal financial assistance. behavior or manner of compliance a This document provides early applications through a notice in the regulated entity must adopt; and notification of our specific plans and Federal Register. (5) Identify and assess available actions for this program. Executive Orders 12866 and 13563 alternatives to direct regulation, Accessible Format: Individuals with including economic incentives—such as disabilities can obtain this document in Regulatory Impact Analysis user fees or marketable permits—to an accessible format (e.g., braille, large Under Executive Order 12866, the encourage the desired behavior, or print, audiotape, or compact disc) on Secretary must determine whether this provide information that enables the request to the program contact person regulatory action is ‘‘significant’’ and, public to make choices. listed under FOR FURTHER INFORMATION therefore, subject to the requirements of Executive Order 13563 also requires CONTACT. the Executive order and subject to an agency ‘‘to use the best available Electronic Access to This Document: review by the Office of Management and techniques to quantify anticipated The official version of this document is

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the document published in the Federal ADDRESSES: The EPA has established a and update them to reflect changing Register. Free Internet access to the docket for this action under Docket technology in automobiles, including official edition of the Federal Register Identification No. EPA–R10–OAR– allowing late model vehicles to be tested and the Code of Federal Regulations is 2007–0112. All documents in the docket with their on-board diagnostic systems available via the Federal Digital System are listed on the http:// instead of with a tail-pipe test. The at: www.gpo.gov/fdsys. At this site you www.regulations.gov Web site. Although revisions also remove inspection fee can view this document, as well as all listed in the index, some information provisions that had been previously other documents of this Department may not be publicly available, i.e., approved into the SIP. published in the Federal Register, in Confidential Business Information or II. Response to Comments text or Adobe Portable Document other information whose disclosure is Format (PDF). To use PDF you must restricted by statute. Certain other The EPA received one comment on have Adobe Acrobat Reader, which is material, such as copyrighted material, our May 5, 2010 proposed approval (75 available free at the site. is not placed on the Internet and will be FR 24542). The comment from the You may also access documents of the publicly available only in hard copy Sierra Club raised concerns about Department published in the Federal form. Publicly available docket affirmative defense provisions Register by using the article search materials are available either applicable to violations that occur due feature at: www.federalregister.gov. electronically through http:// to excess emissions during startup, Specifically, through the advanced www.regulations.gov or in hard copy at shutdown, maintenance and upsets search feature at this site, you can limit EPA Region 10, Office of Air, Waste, (SSM) in the existing Washington SIP. your search to documents published by and Toxics, 1200 Sixth Avenue, Seattle, The Sierra Club commented that the the Department. Washington 98101. The EPA requests existence of the affirmative defense provisions in the underlying SIP that you contact the person listed in the Dated: August 5, 2015. compromises the ability of the FOR FURTHER INFORMATION CONTACT Michael K. Yudin, maintenance plan to achieve its goals section to schedule your inspection. The Assistant Secretary for Special Education and and threatens to cause or contribute to Regional Office’s official hours of Rehabilitative Services. NAAQS violations in the Pdx/Van business are Monday through Friday, [FR Doc. 2015–19617 Filed 8–10–15; 8:45 am] AQMA and downwind. Specifically, the 8:30 to 4:30, excluding Federal holidays. BILLING CODE 4000–01–P Sierra Club described three concerns FOR FURTHER INFORMATION CONTACT: with the affirmative defense provisions Claudia Vergnani Vaupel, (206) 553– in Southwest Clean Air Agency 6121, or by email at vaupel.claudia@ ENVIRONMENTAL PROTECTION (SWCAA) and Ecology regulations, epa.gov. AGENCY SWCAA 400–107(4)–(6) and SUPPLEMENTARY INFORMATION: Washington Administrative Code 40 CFR Part 52 Throughout this document whenever (WAC) 173–400–107(4)–(6). The commenter argued that the affirmative [EPA–R10–OAR–2007–0112; FRL–9932–21– ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Region 10] the EPA. defense for excess emissions during startup and shutdown should be I. Background Approval and Promulgation of Air removed because the provisions ‘‘lack Quality Implementation Plans; The background for this action is justification’’ and because excess Washington discussed in more detail in our May 5, emissions ‘‘are already taken into 2010 proposal. See 75 FR 24542. In that consideration when setting emission AGENCY: Environmental Protection action, the EPA proposed to approve the standards and limits’’ and the regulatory Agency. CAA 110(a)(1) 8-hour ozone provisions are inconsistent with EPA ACTION: Final rule. maintenance plan that the State of guidance for compliance with CAA Washington submitted to demonstrate requirements for SIP provisions as SUMMARY: The Environmental Protection the continued attainment of the 1997 8- expressed in the Memorandum of Agency (EPA) is approving the State hour ozone NAAQS (the 8-hour ozone Steven A. Herman and Robert Implementation Plan (SIP) revisions NAAQS) in the Vancouver portion of Perciasepe, Policy on Excess Emissions submitted by the State of Washington, the Pdx/Van AQMA. Areas like the During Malfunctions, Startup and Department of Ecology (Ecology). These Vancouver portion of the Pdx/Van Shutdown (August 11, 1999) (the revisions pertain to the plan to maintain AQMA, that had been designated ‘‘Herman Memo’’). The commenter also the 1997 8-hour national ambient air attainment (unclassifiable/attainment) argued that the affirmative defense for quality standard (NAAQS) for ozone in for the 8-hour ozone NAAQS and had excess emissions during scheduled the Vancouver portion of the Portland/ CAA 175A maintenance plans in place maintenance should be eliminated Vancouver Air Quality Maintenance for the 1-hour ozone NAAQS, were ‘‘because routine maintenance is part of Area (Pdx/Van AQMA). The required under 40 CFR 51.905, to normal operations and should not, by maintenance plan for this area meets submit 110(a)(1) plans for itself, justify excess emissions’’ and that Clean Air Act (CAA) requirements and antibacksliding purposes to provide for the regulatory provisions are demonstrates that the Vancouver maintenance of the 8-hour ozone inconsistent with the interpretation of portion of the Pdx/Van AQMA will be NAAQS for at least 10 years after the CAA in the Herman Memo. Finally, able to remain in attainment for the designation for the 8-hour ozone the commenter argued that the 1997 ozone NAAQS through 2015. The NAAQS. In the May 5, 2010 proposed affirmative defense for excess emissions EPA is approving the maintenance plan action, the EPA found that the during upsets (i.e., malfunctions) is not and minor revisions to the motor maintenance plan and its supporting consistent with the EPA interpretation vehicle inspection and maintenance (I/ rules met the requirements of the CAA. of the requirements of the CAA in the M) regulations in the statewide The EPA also proposed to approve Herman Memo for such provisions. Emission Check Program. revisions to the I/M regulations in the The SWCAA and Ecology regulations DATES: This action is effective on statewide Emission Check Program. The that provide for an affirmative defense September 10, 2015. revisions enhance the clarity of the rules for emissions during certain events that

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the commenter identified as affirmative defense provisions, meets all concentrations of ozone and would be objectionable are not a part of the CAA requirements. Nor does this final triggered if measured ozone levels at specific SIP submission that was the action contradict the EPA’s separate any of the ozone monitoring sites subject of the EPA’s proposed action but finding in the SSM SIP Call that certain exceed early-warning thresholds or if a were, rather, approved into the provisions in the Washington SIP, violation of the 8-hour ozone standard Washington SIP in 1995. The EPA including the SWCAA rules, are occurs. The contingency measures acknowledges that these specific substantially inadequate and therefore include a range of response actions that provisions are not consistent with CAA must be addressed to be consistent with may be selected for implementation. requirements, in light of more recent CAA requirements. Rather, the nature of 5. An explanation of how the state court decisions and regulatory actions. today’s final action is a finding will verify continued attainment of the However, the EPA does not agree that addressing the adequacy of the SIP to standard under the maintenance plan. the affirmative defense provisions in the meet certain identified maintenance Ecology will continue to monitor Washington SIP provide a basis for requirements. As discussed in our ambient air quality ozone levels in the disapproval of the maintenance plan proposed action, the following is a Vancouver portion of the Pdx/Van submission. The EPA’s review for this summary of our evaluation of the AQMA and will update countywide submission is limited to whether the submission against the five maintenance emission inventories every three years. specific maintenance requirements in requirements in CAA section 110(a)(1) If ambient ozone levels increase, CAA section 110(a)(1) and the and the provisions of the EPA’s Phase Ecology will evaluate the emissions provisions of the EPA’s Phase 1 1 Implementation Rule (40 CFR inventory against the 2002 and 2015 Implementation Rule (40 CFR 51.905(a)(3) and (4)): inventories in the maintenance plan. 51.905(a)(3) and (4)) as explained in our 1. An attainment inventory, which is Because the commenter’s concerns May 20, 2005 guidance),1 have been based on actual typical summer day with the affirmative defense provisions met. While the EPA understands the emissions of volatile organic of Washington’s SIP have been commenter’s concerns about the compounds (VOCs) and oxides of addressed through the SSM SIP Call and existing SWCAA and Ecology SIP nitrogen (NOX) from a base year chosen the instant action does not directly provisions, in the context of a 110(a)(1) by the state. affect these existing provisions in maintenance plan approval the EPA is Ecology provided a comprehensive Washington’s SIP, the EPA is taking not required to re-evaluate the validity and current emissions inventory for final action to approve the ozone of all previously approved SIP NOX and VOCs for the 2002 base year maintenance plan as originally provisions. from which it projected emissions. The proposed. Although it is not required to address inventory is based on emissions from a The EPA emphasizes that approval of existing affirmative defense provisions ‘‘typical summer day.’’ the maintenance plan does not relieve in the context of this action on a 2. A maintenance demonstration SWCAA or Ecology of the responsibility maintenance plan, the EPA does have which shows how the area will remain to remove legally deficient SIP other authority to address alleged in compliance with the 8-hour ozone provisions pursuant to a SIP call. To the deficiencies in existing SIP provisions. standard for 10 years after the effective contrary, the EPA maintains that In particular, the EPA has authority date of the designation. affirmative defense provisions are under section 110(k)(5) to address Ecology projected that the total contrary to CAA requirements and has existing SIP deficiencies whenever it emissions of ozone precursors from taken separate action to require determines that a SIP provision is Vancouver will decrease through 2015, correction of those deficiencies. For an substantially inadequate. The EPA notes which is further than 10 years from the explanation of the EPA’s interpretation that since receipt of the comments effective date of the initial designations of the CAA with respect to affirmative discussed above on this action, the EPA for the 1997 8-hour ozone standard (See defense provisions in SIPs, see 80 FR finalized a call for SIP revisions (SSM 69 FR 23858, April 30, 2004). Ecology 33840, 33981 (June 12, 2015). SIP Call) as necessary to remove the used air quality modeling to assess the identified affirmative defense provisions comprehensive impacts of growth III. Final Action from the Washington SIP. See 80 FR through 2015 on ozone levels in the area The EPA is approving the 110(a)(1) 33840, June 12, 2015. Thus, the EPA has and demonstrated to the EPA that the ozone maintenance plan for the addressed the concerns regarding the highest predicted design value for Vancouver portion of the Pdx/Van affirmative defense provisions in the Vancouver is 0.072 parts per million, AQMA and the new industrial growth SWCAA and Ecology regulations raised which is below the 1997 and the 2008 allowances that have been used in the by the commenter in a separate action.2 ozone NAAQS. maintenance demonstration for this The EPA emphasizes that its approval 3. A commitment to continue to submission. Additionally, the EPA is of a maintenance plan does not mean operate ambient air quality monitors to incorporating by reference into the that the SIP for the state in question verify maintenance of the 8-hour ozone federally enforceable SIP the revisions fully meets each and every requirement standard. to the I/M provisions (WAC Chapter of the CAA. More specifically, this Ecology commits to continue 173–422) that merely reflect the changes approval does not constitute a finding operating air quality monitoring stations as a result of technology upgrades in that Washington’s SIP, including the in accordance with 40 CFR part 58 automobiles and remove inspection fee throughout the maintenance period to provisions that had been previously 1 May 20, 2005 memorandum from Lydia N. verify maintenance of the 1997 8-hour approved into the SIP. Wegman to Air Division Directors, Maintenance ozone standard, and will submit quality Plan Guidance Document for Certain 8-hour Ozone IV. Incorporation by Reference Areas Under Section 110(a)(1) of Clean Air Act. assured ozone data to the EPA through 2 Furthermore, the commenter’s characterization the Air Quality System. In this rule, the EPA is finalizing of the EPA’s interpretation of the CAA with respect 4. A contingency plan that will ensure regulatory text that includes to affirmative defense provisions in SIPs is no that any violation of the 8-hour ozone incorporation by reference. In longer current. Readers interested in the EPA’s accordance with requirements of 1 CFR position on affirmative defense provisions should NAAQS will be promptly corrected. refer to the SSM SIP Call at 80 FR 33840 (June 12, The provisions in the contingency 51.5, the EPA is finalizing the 2015). plan are linked to ambient incorporation by reference of the

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Ecology regulations (WAC Chapter 173– • is not a significant regulatory action not affect the finality of this action for 422) described in the amendments to 40 subject to Executive Order 13211 (66 FR the purposes of judicial review nor does CFR part 52 set forth below. The EPA 28355, May 22, 2001); it extend the time within which a has made, and will continue to make, • is not subject to requirements of petition for judicial review may be filed, these documents generally available Section 12(d) of the National and shall not postpone the effectiveness electronically through Technology Transfer and Advancement of such rule or action. This action may www.regulations.gov and/or in hard Act of 1995 (15 U.S.C. 272 note) because not be challenged later in proceedings to copy at the appropriate EPA office (see application of those requirements would enforce its requirements. (See section the ADDRESSES section of this preamble be inconsistent with the Clean Air Act; 307(b)(2)). for more information). and • does not provide the EPA with the List of Subjects in 40 CFR Part 52 V. Statutory and Executive Order discretionary authority to address, as Environmental protection, Air Reviews appropriate, disproportionate human pollution control, Incorporation by Under the Clean Air Act, the health or environmental effects, using reference, Intergovernmental relations, Administrator is required to approve a practicable and legally permissible Nitrogen dioxide, Ozone, Reporting and SIP submission that complies with the methods, under Executive Order 12898 recordkeeping requirements, Sulfur provisions of the Act and applicable (59 FR 7629, February 16, 1994). oxides, Volatile organic compounds. The SIP is not approved to apply on Federal regulations. 42 U.S.C. 7410(k); Dated: July 30, 2015. 40 CFR 52.02(a). Thus, in reviewing SIP any Indian reservation land or in any Dennis J. McLerran, submissions, the EPA’s role is to other area where the EPA or an Indian approve state choices, provided that tribe has demonstrated that a tribe has Regional Administrator, EPA Region 10. they meet the criteria of the Clean Air jurisdiction. In those areas of Indian For the reasons stated in the Act. Accordingly, this action merely country, the rule does not have tribal preamble, 40 CFR part 52 is amended as approves state law as meeting Federal implications and it will not impose follows: requirements and does not impose substantial direct costs on tribal additional requirements beyond those governments or preempt tribal law as PART 52—APPROVAL AND imposed by state law. For that reason, specified by Executive Order 13175 (65 PROMULGATION OF this action: FR 67249, November 9, 2000). IMPLEMENTATION PLANS • Is not a ‘‘significant regulatory The Congressional Review Act, 5 action’’ subject to review by the Office U.S.C. 801 et seq., as added by the Small ■ 1. The authority citation for Part 52 of Management and Budget under Business Regulatory Enforcement continues to read as follows: Executive Orders 12866 (58 FR 51735, Fairness Act of 1996, generally provides Authority: 42 U.S.C. 7401 et seq. October 4, 1993) and 13563 (76 FR 3821, that before a rule may take effect, the January 21, 2011); agency promulgating the rule must Subpart WW—Washington • submit a rule report, which includes a does not impose an information § 52.2470 [Amended] collection burden under the provisions copy of the rule, to each House of the of the Paperwork Reduction Act (44 Congress and to the Comptroller General ■ 2. Section 52.2470 is amended: U.S.C. 3501 et seq.); of the United States. The EPA will ■ a. In paragraph (c) Table 1— • is certified as not having a submit a report containing this action Regulations Approved Statewide by: significant economic impact on a and other required information to the ■ i. Revising the entries 173–422–020, substantial number of small entities U.S. Senate, the U.S. House of 173–422–030, 173–422–031, 173–422– under the Regulatory Flexibility Act (5 Representatives, and the Comptroller 060, and 173–422–065, 173–422–070, U.S.C. 601 et seq.); General of the United States prior to 173–422–075, 173–422–160, 173–422– • does not contain any unfunded publication of the rule in the Federal 190, 173–422–195; and mandate or significantly or uniquely Register. A major rule cannot take effect ■ ii. Removing the entry 173–422–130. affect small governments, as described until 60 days after it is published in the ■ b. In paragraph (e) in Table 2— in the Unfunded Mandates Reform Act Federal Register. This action is not a ATTAINMENT, MAINTENANCE, AND of 1995 (Pub. L. 104–4); ‘‘major rule’’ as defined by 5 U.S.C. OTHER PLANS by adding an entry for • does not have Federalism 804(2). ‘‘8-Hour Ozone 110(a)(1) Maintenance implications as specified in Executive Under section 307(b)(1) of the Clean Plan’’ at the end of the table. Order 13132 (64 FR 43255, August 10, Air Act, petitions for judicial review of The revisions and addition read as 1999); this action must be filed in the United follows: • is not an economically significant States Court of Appeals for the regulatory action based on health or appropriate circuit by October 13, 2015. § 52.2470 Identification of plan. safety risks subject to Executive Order Filing a petition for reconsideration by * * * * * 13045 (62 FR 19885, April 23, 1997); the Administrator of this final rule does (c) * * *

TABLE 1—REGULATIONS APPROVED STATEWIDE

State effective State citation Title/subject date EPA approval date Explanations

Washington Administrative Code, Chapter 173–422 Motor Vehicle Emission Inspection

******* 173–422–020 ...... Definitions ...... 7/4/02 8/11/15 [Insert Federal Register citation]. 173–422–030 ...... Vehicle emission in- 7/4/02 8/11/15 [Insert Federal spection requirement. Register citation].

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TABLE 1—REGULATIONS APPROVED STATEWIDE—Continued

State effective State citation Title/subject date EPA approval date Explanations

173–422–031 ...... Vehicle emission in- 7/4/02 8/11/15 [Insert Federal spection schedules. Register citation].

******* 173–422–060 ...... Gasoline vehicle emis- 7/4/02 8/11/15 [Insert Federal sion standards. Register citation]. 173–422–065 ...... Diesel vehicle exhaust 7/4/02 8/11/15 [Insert Federal emission standards. Register citation]. 173–422–070 ...... Gasoline vehicle ex- 7/4/02 8/11/15 [Insert Federal haust emission test- Register citation]. ing procedures. 173–422–075 ...... Diesel vehicle inspec- 7/4/02 8/11/15 [Insert Federal tion procedure. Register citation].

******* 173–422–160 ...... Fleet and diesel owner 3/31/95 8/11/15 [Insert Federal Except: vehicle testing re- Register citation]. The part of 173–422–160(3) that says ‘‘of quirements. twelve or less dollars’’.

******* 173–422–190 ...... Emission specialist au- 7/4/02 8/11/15 [Insert Federal thorization. Register citation]. 173–422–195 ...... Listing of authorized 7/4/02 8/11/15 [Insert Federal emission specialists. Register citation].

*******

* * * * * (e) ** *

TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS

Applicable geographic or State submittal EPA Name of SIP provision nonattainment date Approval Comments area date

******* 8-Hour Ozone 110(a)(1) Maintenance Plan ...... Vancouver ...... 1/17/2007 8/11/2015 [Insert page number where the document begins].

[FR Doc. 2015–19724 Filed 8–10–15; 8:45 am] SUMMARY: The Environmental Protection Forsyth, Fulton, Gwinnett, Henry, BILLING CODE 6560–50–P Agency (EPA) is taking direct final Newton, Paulding, and Rockdale). This action to approve a state action is being taken pursuant to the implementation plan (SIP) revision Clean Air Act (CAA or Act) and its ENVIRONMENTAL PROTECTION submitted by the State of Georgia, implementing regulations. AGENCY through Georgia Environmental DATES: This direct final rule is effective Protection Division (GA EPD) on October 13, 2015 without further notice, 40 CFR Part 52 February 6, 2015, to address the base unless EPA receives adverse comment year emissions inventory and emissions by September 10, 2015. If EPA receives [EPA–R04–OAR–2015–0248; FRL–9932–20– statements requirements for the 2008 8- such comments, it will publish a timely Region 4] hour ozone national ambient air quality withdrawal of the direct final rule in the Approval and Promulgation of standards (NAAQS) for the Atlanta, Federal Register and inform the public Implementation Plans; Georgia; Georgia 2008 8-hour ozone that the rule will not take effect. Atlanta; Requirements for the 2008 8- nonattainment area (hereinafter referred ADDRESSES: Submit your comments, Hour Ozone Standard to as the ‘‘Atlanta Area’’). These identified by Docket ID No. EPA–R04– requirements apply to all ozone OAR–2015–0248, by one of the AGENCY: Environmental Protection nonattainment areas. The Atlanta Area following methods: Agency. is comprised of 15 counties in Atlanta 1. www.regulations.gov: Follow the (Bartow, Cherokee, Clayton, Cobb, on-line instructions for submitting ACTION: Direct final rule. Coweta, DeKalb, Douglas, Fayette, comments.

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2. Email: [email protected]. Docket Center homepage at http:// the three most recent years of ambient 3. Fax: (404) 562–9019. www.epa.gov/epahome/dockets.htm. air quality data at the conclusion of the 4. Mail: ‘‘EPA–R04–OAR–2015–0248, Docket: All documents in the designation process. The Atlanta Area ‘‘Air Regulatory Management Section electronic docket are listed in the was designated nonattainment for the (formerly the Regulatory Development www.regulations.gov index. Although 2008 8-hour ozone NAAQS on April 30, Section), Air Planning and listed in the index, some information 2012 (effective July 20, 2012) using Implementation Branch (formerly the may not be publicly available, i.e., CBI 2009–2011 ambient air quality data. See Air Planning Branch), Air, Pesticides or other information whose disclosure is 77 FR 30088 (May 21, 2012). At the time and Toxics Management Division, U.S. restricted by statute. Certain other of designation, the Atlanta Area was Environmental Protection Agency, material, such as copyrighted material, classified as a marginal nonattainment Region 4, 61 Forsyth Street SW., is not placed on the Internet and will be area for the 2008 8-hour ozone NAAQS. Atlanta, Georgia 30303–8960. publicly available only in hard copy On March 6, 2015, EPA finalized a rule 5. Hand Delivery or Courier: Lynorae form. Publicly available docket entitled ‘‘Implementation of the 2008 Benjamin, Chief, Air Regulatory materials are available either National Ambient Air Quality Standards electronically in www.regulations.gov or Management Section, Air Planning and for Ozone: State Implementation Plan in hard copy at the Air Regulatory Implementation Branch, Air, Pesticides Requirements’’ (SIP Requirements Rule) Management Section, Air Planning and and Toxics Management Division, U.S. that establishes the requirements that Environmental Protection Agency, Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. state, tribal, and local air quality Region 4, 61 Forsyth Street SW., management agencies must meet as they Atlanta, Georgia 30303–8960. Such Environmental Protection Agency, Region 4, 61 Forsyth Street SW., develop implementation plans for areas deliveries are only accepted during the where air quality exceeds the 2008 8- Regional Office’s normal hours of Atlanta, Georgia 30303–8960. EPA hour ozone NAAQS.1 See 80 FR 12264. operation. The Regional Office’s official requests that if at all possible, you This rule establishes nonattainment area hours of business are Monday through contact the person listed in the FOR attainment dates based on Table 1 of Friday, 8:30 a.m. to 4:30 p.m., excluding FURTHER INFORMATION CONTACT section to Federal holidays. schedule your inspection. The Regional section 181(a) of the CAA, including an attainment date three years after the July Instructions: Direct your comments to Office’s official hours of business are Docket ID No. EPA–R04–OAR–2015– Monday through Friday, 8:30 a.m. to 20, 2012, effective date, for areas 0248. EPA’s policy is that all comments 4:30 p.m., excluding Federal holidays. classified as marginal for the 2008 8- received will be included in the public FOR FURTHER INFORMATION CONTACT: hour ozone NAAQS. Therefore, the docket without change and may be Tiereny Bell, Air Regulatory attainment date for the Atlanta Area is made available online at Management Section, Air Planning and July 20, 2015. www.regulations.gov, including any Implementation Branch, Air, Pesticides Based on the nonattainment personal information provided, unless and Toxics Management Division, U.S. designation, Georgia was required to the comment includes information Environmental Protection Agency, develop a SIP revision addressing claimed to be Confidential Business Region 4, 61 Forsyth Street SW., certain CAA requirements for areas Information (CBI) or other information Atlanta, Georgia 30303–8960. Ms. Bell designated nonattainment. Specifically, whose disclosure is restricted by statute. can be reached at (404) 562–9088 and pursuant to CAA sections 182(a)(1) and Do not submit through via electronic mail at bell.tiereny@ 182(a)(3)(B), Georgia was required to www.regulations.gov or email, epa.gov. submit a SIP revision addressing the information that you consider to be CBI SUPPLEMENTARY INFORMATION: emissions inventory and emissions or otherwise protected. The statements requirements, respectively. www.regulations.gov Web site is an I. Background Ground level ozone is not emitted ‘‘anonymous access’’ system, which On March 12, 2008, EPA promulgated means EPA will not know your identity a revised 8-hour ozone NAAQS of 0.075 directly into the air, but is created by or contact information unless you parts per million (ppm). See 73 FR chemical reactions between oxides of provide it in the body of your comment. 16436 (March 27, 2008). Under EPA’s nitrogen (NOX) and volatile organic If you send an email comment directly regulations at 40 CFR part 50, the 2008 compounds (VOC) in the presence of to EPA without going through 8-hour ozone NAAQS is attained when sunlight. Emissions from industrial www.regulations.gov, your email the 3-year average of the annual fourth- facilities and electric utilities, motor address will be automatically captured highest daily maximum 8-hour average vehicle exhaust, gasoline vapors, and and included as part of the comment ambient air quality ozone chemical solvents are some of the major that is placed in the public docket and concentrations is less than or equal to sources of NOX and VOC. Section made available on the Internet. If you 0.075 ppm. See 40 CFR 50.15. Ambient 182(a)(3)(B) of the CAA requires each submit an electronic comment, EPA air quality monitoring data for the 3- state with ozone nonattainment areas to recommends that you include your year period must meet a data submit a SIP revision requiring annual name and other contact information in completeness requirement. The ambient emissions statements to be submitted to the body of your comment and with any air quality monitoring data the state by the owner or operator of disk or CD–ROM you submit. If EPA completeness requirement is met when cannot read your comment due to the average percent of days with valid 1 The SIP Requirements Rule addresses a range of technical difficulties and cannot contact ambient monitoring data is greater than nonattainment area SIP requirements for the 2008 ozone NAAQS, including requirements pertaining you for clarification, EPA may not be 90 percent, and no single year has less to attainment demonstrations, reasonable further able to consider your comment. than 75 percent data completeness as progress (RFP), reasonably available control Electronic files should avoid the use of determined in Appendix I of part 50. technology, reasonably available control measures, special characters, any form of Upon promulgation of a new or major new source review, emission inventories, and the timing of SIP submissions and of compliance encryption, and be free of any defects or revised NAAQS, the CAA requires EPA with emission control measures in the SIP. The rule viruses. For additional information to designate as nonattainment any area also revokes the 1997 ozone NAAQS and about EPA’s public docket visit the EPA that is violating the NAAQS based on establishes anti-backsliding requirements.

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2 each NOX or VOC stationary source comprehensive, accurate, and current area and therefore represents emissions located within a nonattainment area inventory of actual emissions from all associated with nonattainment showing the actual emissions of NOX sources of the relevant pollutant or conditions. The emissions inventory is and VOC from that source. The first pollutants in each ozone non-attainment based on data developed and submitted statement is due three years from the area. The section 182(a)(1) base year by GA EPD to EPA’s 2011 National area’s nonattainment designation, and inventory is defined in the SIP Emissions Inventory (NEI), and it subsequent statements are due at least Requirements Rule as ‘‘a contains data elements consistent with annually thereafter. Section 182(a)(1) of comprehensive, accurate, current the detail required by 40 CFR part 51, the CAA requires states with areas inventory of actual emissions from subpart A.7 designated nonattainment for the ozone sources of VOC and NOX emitted within NAAQS to submit a SIP revision the boundaries of the nonattainment Georgia’s emissions inventory for the providing a comprehensive, accurate, area as required by CAA section Atlanta Area provides 2011 typical and current inventory of actual 182(a)(1).’’ See 40 CFR 51.1100(bb). The average summer day emissions for NOX emissions from all sources of the inventory year must be selected and VOCs for the following general relevant pollutant or pollutants in such consistent with the baseline year for the source categories: Electric generating area. NOX and VOCs are the relevant RFP plan as required by 40 CFR unit (EGU) point sources, non-EGU pollutants because they are the 51.1110(b),5 and the inventory must point sources, nonpoint sources, on- precursors of ozone. include actual ozone season day road mobile sources, non-road mobile On February 6, 2015, Georgia emissions as defined in 40 CFR sources, fire events, and biogenics. The submitted a SIP revision addressing the 51.1100(cc) 6 and contain data elements summer day emissions were calculated emissions inventory and emissions consistent with the detail required by 40 as the average of emissions during statements requirements related to the CFR part 51, subpart A. See 40 CFR weekdays in July 2011. A detailed 2008 8-hour ozone NAAQS for the 51.1115(a), (c), (e). In addition, the point discussion of the inventory Atlanta Area.3 EPA is now taking action source emissions included in the development is located at pages 1 to approve this SIP revision as meeting inventory must be reported according to through 7 of the document entitled the requirements of sections 110, the point source emissions thresholds of 182(a)(1), and 182(a)(3)(B) of the CAA.4 ‘‘Atlanta Nonattainment Area Emissions the Air Emissions Reporting Inventory for the 2008 8-Hour Ozone More information on EPA’s analysis of Requirements (AERR) in 40 CFR part 51, Georgia SIP revision and how this SIP NAAQS’’ (Inventory Document) in the subpart A. 40 CFR 51.1115(d). State’s February 6, 2015 submittal and revision addresses these requirements is Georgia selected 2011 as the base year Appendix A of that submittal which is provided below. for the emissions inventory which is the provided in the docket for this action. II. Analysis of State’s Submittal year corresponding with the first triennial inventory under 40 CFR part The table below provides a summary of a. Base Year Emission Inventory 51, subpart A. This base year is one of the emissions inventory. As discussed above, section 182(a)(1) the three years of ambient data used to of the CAA requires areas to submit a designate the Area as a nonattainment

TABLE 1—2011 EMISSIONS FOR THE ATLANTA AREA [Tons per summer day]

County Point-EGU Point-non-EGU Nonpoint On-road Non-road

NOX VOC NOX VOC NOX VOC NOX VOC NOX VOC

Bartow ...... 16.85 0.70 0.54 0.36 0.17 4.09 11.18 4.52 3.48 2.22 Cherokee ...... 0.00 0.00 0.09 0.24 0.12 5.36 8.53 4.73 3.49 2.72 Clayton ...... 0.00 0.00 0.28 0.73 0.19 7.01 11.60 5.86 15.84 4.33 Cobb ...... 8.84 0.10 0.57 0.74 0.69 20.49 26.86 15.83 11.15 10.26 Coweta ...... 19.45 0.21 0.09 0.16 0.12 3.71 6.67 2.94 2.39 1.17 DeKalb ...... 0.00 0.00 0.35 3.00 0.65 20.51 29.24 14.29 7.68 4.25 Douglas ...... 0.00 0.00 0.00 0.00 0.08 4.12 6.39 3.09 1.56 0.80 Fayette ...... 0.00 0.00 0.02 0.07 0.09 2.92 3.86 2.42 1.96 1.67 Forsyth ...... 0.00 0.00 0.07 0.25 0.11 4.72 7.62 3.89 3.36 4.27 Fulton ...... 0.00 0.00 1.18 0.68 1.38 26.97 47.49 21.46 17.53 10.06

2 A state may waive the emission statement 182(a)(2)(C)(i) requirement for states to submit NSR work weekday. The state shall select, subject to EPA requirement for any class or category of stationary SIP revisions to meet the requirements of CAA approval, the particular month(s) in the ozone sources which emit less than 25 tons per year of sections 172(c)(5) and 173 within two years after season and the day(s) in the work week to be VOCs or NOX if the state meets the requirements the date of enactment of the 1990 CAA represented, considering the conditions assumed in of section 182(a)(3)(B)(ii). Amendments. Id. the development of RFP plans and/or emissions 3 Georgia’s SIP revision also certifies that its SIP- 5 40 CFR 51.1110(b) states that ‘‘at the time of budgets for transportation conformity.’’ 40 CFR approved state regulation addressing nonattainment designation for the 2008 ozone NAAQS the baseline 51.1100(cc). new source review for all new stationary sources emissions inventory shall be the emissions 7 Data downloaded from the EPA Emissions and modified existing stationary sources in the inventory for the most recent calendar year for Inventory System (EIS) from the 2011 NEI was Atlanta Area, 391–3–1–.03(8)—Permit which a complete triennial inventory is required to Requirements, exceeds the requirements of section subjected to quality assurance procedures described be submitted to EPA under the provisions of 182(a)(2)(C) for the 2008 8-hour ozone NAAQS. under quality assurance details under 2011 NEI However, EPA does not believe that the two-year subpart A of this part. States may use an alternative Version 1 Documentation located at http:// deadline contained in CAA section 182(a)(2)(C)(i) baseline emissions inventory provided the state www.epa.gov/ttn/chief/net/ applies to nonattainment NSR SIPs for demonstrates why it is appropriate to use the 2011inventory.html#inventorydoc. The quality implementing the 8-hour ozone NAAQS. See 80 FR alternative baseline year, and provided that the year assurance and quality control procedures and 12264, 12267 (March 6, 2015); 70 FR 71682, 71683 selected is between the years 2008 to 2012.’’ measures associated with this data are outlined in (November 29, 2005). The submission of NSR SIPs 6 ‘‘Ozone season day emissions’’ is defined as ‘‘an the State’s EPA-approved Emission Inventory due on November 15, 1992, satisfied the section average day’s emissions for a typical ozone season Quality Assurance Project Plan.

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TABLE 1—2011 EMISSIONS FOR THE ATLANTA AREA—Continued [Tons per summer day]

County Point-EGU Point-non-EGU Nonpoint On-road Non-road

NOX VOC NOX VOC NOX VOC NOX VOC NOX VOC

Gwinnett ...... 0.00 0.00 0.00 0.16 0.67 24.03 30.64 16.74 14.37 13.97 Henry ...... 0.00 0.00 6.11 1.54 0.11 4.67 9.86 4.61 4.03 1.87 Newton ...... 0.00 0.00 0.07 1.06 0.10 3.08 6.49 3.71 1.70 1.15 Paulding ...... 0.00 0.00 0.00 0.00 0.07 3.05 4.41 2.61 2.20 0.95 Rockdale ...... 0.00 0.00 0.14 0.35 0.09 2.34 4.14 1.92 1.19 0.88

Total ...... 45.14 1.01 9.49 9.35 4.63 137.06 214.98 108.62 91.92 60.56

The emissions reported for the large number, collectively have sources in its emissions inventory. Atlanta Area reflect the emissions for significant emissions (e.g., dry cleaners, Wildland fires are unplanned, the 15 counties in the nonattainment service stations). Emissions for these unwanted wild land fires including area. The inventory contains point sources were obtained from the 2011 unauthorized human-caused fires, source emissions data for facilities NEI. A detailed account of the nonpoint escaped prescribed fire projects, or other located within the Area based on sources can be found in Appendix B inadvertent fire situations where the Geographic Information Systems (GIS) and page 2 of the Inventory Document objective is to put the fire out. mapping. More detail on the emissions in the Georgia submittal. Prescribed fires are any fires ignited by On-road mobile sources include for individual sources categories is management actions to meet specific provided below and in Appendix A of vehicles used on roads for objectives related to the reduction of the the Georgia submittal. transportation of passengers or freight. Point sources are large, stationary, Georgia developed its on-road emissions biomass potentially available for identifiable sources of emissions that inventory using EPA’s Motor Vehicle wildfires. Fire event emissions were release pollutants into the atmosphere. Emissions Simulator (MOVES) model developed by GA EPD using fire records The EGU point sources emissions for each ozone nonattainment county.8 collected from the Georgia Forestry inventory was developed from facility- County level on-road modeling was Commission (GFC), when fire activities specific emissions data. NOX emissions conducted using county-specific vehicle were not included in the GFC database, were calculated using continuous population and other local data. A military bases and federal agencies emissions monitoring system data detailed account of the on-road sources (USFS and FWS) records were used. In which included hourly measurements. can be found in Appendix D and page addition, GA EPD collected detailed For VOC emissions, GA EPD used 3 of the Inventory Document in the burning records for the Okefenokee area facility-specific emissions data reported Georgia submittal. which showed burned area per day. A to the 2011 NEI. These sources are Non-road mobile sources include detailed account of fire event sources required to submit inventory data vehicles, engines, and equipment used can be found in Appendix A and on according to the AERR. The non-EGU for construction, agriculture, recreation page 4 of the Inventory Document in the point source emissions inventory for the and other purposes that do not use the Georgia submittal. Atlanta Area was developed from non- roadways (e.g., lawn mowers, Biogenic emission sources are EGU facility-specific data reported to construction equipment, railroad emissions that come from natural the 2011 NEI. These sources are locomotives and aircraft). Georgia required to submit inventory data obtained emissions for the non-road sources. GA EPD obtained biogenic according to the AERR. The point mobile sources from the 2011 NEI. emissions for 2011 from the 2011 NEI source emissions data meets the point Those emissions were estimated using and used the summary of county- source emissions thresholds of 40 CFR National Mobile Inventory Model specific daily biogenic emissions.9 A part 51, subpart A. A detailed account (NMIM) with updated NMIM County detailed account of biogenic sources can of the non-EGU point sources can be Database (NCD) files from GA EPD. A be found in Appendix A and on page 4 found on pages 8 through 12 of the detailed account of the non-road mobile of the Inventory Document in the Inventory Document in the Georgia sources can be found in Appendix D of Georgia submittal. The table below submittal. the February 6, 2015, submittal. provides a summary of the 2011 fire Nonpoint sources are small emission Georgia included 2011 actual event and biogenic emissions for the stationary sources which, due to their emissions from fire events and biogenic Atlanta Area.

TABLE 2–2011—FIRE EVENT AND BIOGENIC EMISSIONS FOR THE ATLANTA AREA [Tons per summer]

Fire events Biogenic County NOX VOC NOX VOC

Bartow ...... 0.00 0.00 0.34 88.53 Cherokee ...... 0.00 0.00 0.17 85.92 Clayton ...... 0.00 0.00 0.19 32.40

8 Georgia used MOVES version 2010b because 9 The emissions were calculated from the Emissions model (SMOKE) with 2011 this was the latest version available at the time that Biogenic Emission Inventory System (BEIS) version meteorological data from the Weather Research the State submitted its SIP revision. 3.14 model in the Sparse Matrix Operator Kernel Forecasting (WRF) Model.

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TABLE 2–2011—FIRE EVENT AND BIOGENIC EMISSIONS FOR THE ATLANTA AREA—Continued [Tons per summer]

Fire events Biogenic County NOX VOC NOX VOC

Cobb ...... 0.00 0.00 0.31 63.54 Coweta ...... 0.00 0.00 0.26 83.79 DeKalb ...... 0.00 0.00 0.20 46.69 Douglas ...... 0.00 0.00 0.15 49.86 Fayette ...... 0.00 0.00 0.18 46.12 Forsyth ...... 0.00 0.00 0.18 47.93 Fulton ...... 0.00 0.00 0.30 77.42 Gwinnett ...... 0.00 0.00 0.38 76.09 Henry ...... 0.00 0.00 0.25 53.31 Newton ...... 0.00 0.00 0.20 56.67 Paulding ...... 0.00 0.00 0.17 66.80 Rockdale ...... 0.00 0.00 0.18 39.80

Total ...... 0.00 0.00 3.45 914.88

For the reasons discussed above, EPA statement requirements for the 2008 8- that complies with the provisions of the has determined that Georgia’s emissions hour ozone NAAQS for the Atlanta Act and applicable federal regulations. inventory meets the requirements under Area. EPA has concluded that the See 42 U.S.C. 7410(k); 40 CFR 52.02(a). CAA section 182(a)(1) and the SIP State’s submission meets the Thus, in reviewing SIP submissions, Requirements Rule for the 2008 8-hour requirements of sections 110 and 182 of EPA’s role is to approve state choices, ozone NAAQS. the CAA. EPA is publishing this rule provided that they meet the criteria of without prior proposal because the the CAA. Accordingly, this action b. Emissions Statements Agency views this as a noncontroversial merely approves state law as meeting Pursuant to section 182(a)(3)(B), states submittal and anticipates no adverse federal requirements and does not with ozone nonattainment areas must comments. However, in the proposed impose additional requirements beyond require annual emissions statements rules section of this Federal Register those imposed by state law. For that from NOX and VOC stationary sources publication, EPA is publishing a reason, this action: within those nonattainment areas. In separate document that will serve as the • Is not a significant regulatory action 1996, EPA incorporated Georgia’s proposal to approve the SIP revision subject to review by the Office of regulation 391–3–1–.02(6)(a)4, should adverse comments be filed. This Management and Budget under Emissions Statements, into the SIP. See rule will be effective October 13, 2015 Executive Orders 12866 (58 FR 51735, 61 FR 3819 (February 2, 1996). At that without further notice unless the October 4, 1993) and 13563 (76 FR 3821, time, this regulation applied to Agency receives adverse comments by January 21, 2011); stationary sources within Cherokee, September 10, 2015. • does not impose an information Clayton, Cobb, Coweta, DeKalb, If EPA receives such comments, then collection burden under the provisions Douglas, Fayette, Forsyth, Fulton, EPA will publish a document of the Paperwork Reduction Act (44 Gwinnett, Henry, Paulding, and withdrawing the final rule and U.S.C. 3501 et seq.); Rockdale Counties. Georgia informing the public that the rule will • is certified as not having a subsequently amended the regulation to, not take effect. All adverse comments significant economic impact on a among other things, include Bartow and received will then be addressed in a substantial number of small entities Newton Counties thereby covering the subsequent final rule based on the under the Regulatory Flexibility Act (5 entire Atlanta Area. EPA incorporated proposed rule. EPA will not institute a U.S.C. 601 et seq.); these amendments into the SIP in 2009. second comment period. Parties • does not contain any unfunded See 74 FR 62249 (November 27, 2009). interested in commenting should do so mandate or significantly or uniquely In its February 6, 2015, SIP revision, at this time. If no such comments are affect small governments, as described Georgia certified that this SIP-approved received, the public is advised that this in the Unfunded Mandates Reform Act regulation 391–3–1–.02(6)(a)(4) meets rule will be effective on October 13, of 1995 (Pub. L. 104–4); the requirements of section 182(a)(3)(B) 2015 and no further action will be taken • does not have Federalism for the Area.10 on the proposed rule. implications as specified in Executive Please note that if EPA receives Order 13132 (64 FR 43255, August 10, III. Final Action adverse comment on an amendment, 1999); EPA is approving the SIP revision paragraph, or section of this rule and if • is not an economically significant submitted by Georgia on February 6, that provision may be severed from the regulatory action based on health or 2015, addressing the base year remainder of the rule, the Agency may safety risks subject to Executive Order emissions inventory and emissions adopt as final those provisions of the 13045 (62 FR 19885, April 23, 1997); rule that are not the subject of an • is not a significant regulatory action 10 As discussed in the preamble to the SIP adverse comment. subject to Executive Order 13211 (66 FR Requirements Rule, a state may rely on emissions 28355, May 22, 2001); statement rules in force and approved by EPA for IV. Statutory and Executive Order • is not subject to requirements of the 1997 ozone NAAQS or the 1-hour ozone Reviews NAAQS provided that the rules remain adequate Section 12(d) of the National and cover all portions of the 2008 ozone NAAQS Under the CAA, the Administrator is Technology Transfer and Advancement nonattainment areas. See 80 FR 12291. required to approve a SIP submission Act of 1995 (15 U.S.C. 272 note) because

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application of those requirements would States prior to publication of the rule in List of Subjects in 40 CFR Part 52 be inconsistent with the CAA; and the Federal Register. A major rule • does not provide EPA with the cannot take effect until 60 days after it Environmental protection, Air discretionary authority to address, as is published in the Federal Register. pollution control, Incorporation by appropriate, disproportionate human This action is not a ‘‘major rule’’ as reference, Intergovernmental relations, health or environmental effects, using defined by 5 U.S.C. 804(2). Nitrogen dioxide, Ozone, Reporting and practicable and legally permissible recordkeeping requirements, Volatile Under section 307(b)(1) of the CAA, methods, under Executive Order 12898 organic compounds. petitions for judicial review of this (59 FR 7629, February 16, 1994). Dated: July 30, 2015. In addition, the SIP is not approved action must be filed in the United States Heather McTeer Toney, to apply on any Indian reservation land Court of Appeals for the appropriate or in any other area where EPA or an circuit by October 13, 2015. Filing a Regional Administrator, Region 4. petition for reconsideration by the Indian tribe has demonstrated that a 40 CFR part 52 is amended as follows: tribe has jurisdiction. In those areas of Administrator of this final rule does not Indian country, the rule does not have affect the finality of this action for the PART 52—APPROVAL AND tribal implications as specified by purposes of judicial review nor does it PROMULGATION OF Executive Order 13175 (65 FR 67249, extend the time within which a petition IMPLEMENTATION PLANS November 9, 2000), nor will it impose for judicial review may be filed, and shall not postpone the effectiveness of substantial direct costs on tribal ■ 1. The authority citation for part 52 such rule or action. Parties with governments or preempt tribal law. continues to read as follows: The Congressional Review Act, 5 objections to this direct final rule are U.S.C. 801 et seq., as added by the Small encouraged to file a comment in Authority: 42 U.S.C. 7401 et seq. Business Regulatory Enforcement response to the parallel notice of Fairness Act of 1996, generally provides proposed rulemaking for this action Subpart L—Georgia that before a rule may take effect, the published in the proposed rules section agency promulgating the rule must of today’s Federal Register, rather than ■ 2. Section 52.570(e), is amended by submit a rule report, which includes a file an immediate petition for judicial adding an entry for ‘‘Atlanta 2008 8- copy of the rule, to each House of the review of this direct final rule, so that hour Ozone Marginal Area Congress and to the Comptroller General EPA can withdraw this direct final rule Requirements’’ at the end of the table to of the United States. EPA will submit a and address the comment in the read as follows: report containing this action and other proposed rulemaking. This action may § 52.570 Identification of plan. required information to the U.S. Senate, not be challenged later in proceedings to the U.S. House of Representatives, and enforce its requirements. See section * * * * * the Comptroller General of the United 307(b)(2). (e) * * *

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS

State submittal Name of nonregulatory SIP provision Applicable geographic or nonattainment area date/ EPA Approval Explanation effective date date

******* Atlanta 2008 8-hour Ozone Marginal Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, 2/6/15 8/11/15; [Insert ci- ...... Area Requirements. Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, tation of publi- Newton, Paulding, and Rockdale Counties. cation].

[FR Doc. 2015–19728 Filed 8–10–15; 8:45 am] Atmospheric Administration (NOAA), DATES: This rule is effective 12:01 a.m., BILLING CODE 6560–50–P Commerce. local time, August 11, 2015, until 12:01 a.m., local time, January 1, 2016. ACTION: Temporary rule; closure. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE SUMMARY: NMFS implements Britni LaVine, NMFS Southeast National Oceanic and Atmospheric accountability measures (AMs) for the Regional Office, telephone: 727–824– Administration golden tilefish recreational sector in the 5305, email: [email protected]. exclusive economic zone (EEZ) of the SUPPLEMENTARY INFORMATION: The 50 CFR Part 622 South Atlantic for the 2015 fishing year snapper-grouper fishery of the South through this temporary rule. NMFS [Docket No. 120403249–2492–02] Atlantic includes golden tilefish and is estimates recreational landings of managed under the Fishery RIN 0648–XE087 golden tilefish in 2015 have exceeded Management Plan for the Snapper- the recreational annual catch limit Grouper Fishery of the South Atlantic Snapper-Grouper Fishery of the South (ACL). Therefore, NMFS closes the Region (FMP). The FMP was prepared Atlantic; 2015 Recreational golden tilefish recreational sector in the by the South Atlantic Fishery Accountability Measure and Closure South Atlantic EEZ on August 11, 2015. Management Council and is for South Atlantic Golden Tilefish This closure is necessary to protect the implemented by NMFS under the AGENCY: National Marine Fisheries golden tilefish resource. authority of the Magnuson-Stevens Service (NMFS), National Oceanic and Fishery Conservation and Management

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Act (Magnuson-Stevens Act) by CFR 622.193(a)(2). The recreational established by Regulatory Amendment regulations at 50 CFR part 622. sector for golden tilefish will reopen on 12 to the FMP (77 FR 61295, October 9, The recreational ACL for golden January 1, 2016, the beginning of the 2012) and located at 50 CFR tilefish is 3,019 fish. In accordance with 2016 recreational fishing season. 622.193(a)(2) have already been subject to notice and comment. The AMs regulations at 50 CFR 622.193(a)(2), if Classification recreational landings of golden tilefish authorize the AA to file a notification exceed the recreational ACL, the The Regional Administrator, with the Office of the Federal Register Assistant Administrator, NMFS (AA), Southeast Region, NMFS, has to close the recreational sector for the will file a notification with the Office of determined this temporary rule is remainder of the fishing year if the Federal Register to close the necessary for the conservation and recreational landings reach, or are recreational sector for the remainder of management of golden tilefish and the projected to reach, the recreational ACL. the fishing year. 2015 landings data South Atlantic snapper-grouper fishery All that remains is to notify the public from the NMFS Southeast Fisheries and is consistent with the Magnuson- of the recreational closure for golden Stevens Act and other applicable laws. Science Center indicate that the golden tilefish for the remainder of the 2015 This action is taken under 50 CFR tilefish recreational ACL has been fishing year. Such procedures are 622.193(a)(2) and is exempt from review exceeded. Therefore, this temporary rule contrary to the public interest because under Executive Order 12866. of the need to immediately implement implements an AM to close the golden These measures are exempt from the this action to protect the golden tilefish tilefish recreational sector of the procedures of the Regulatory Flexibility resource, since time for notice and snapper-grouper fishery for the Act because the temporary rule is issued public comment will allow for remainder of the 2015 fishing year. As without opportunity for prior notice and continued recreational harvest and a result, the recreational sector for comment. golden tilefish in the South Atlantic This action responds to the best further exceedance of the recreational EEZ will be closed effective 12:01 a.m., scientific information available. The ACL. local time August 11, 2015. Assistant Administrator for Fisheries, For the aforementioned reasons, the During the closure, the bag and NOAA (AA), finds that the need to AA also finds good cause to waive the possession limits for golden tilefish in immediately implement this action to 30-day delay in the effectiveness of this or from the South Atlantic EEZ are zero. close the recreational sector for golden action under 5 U.S.C. 553(d)(3). Additionally, during the following tilefish constitutes good cause to waive Authority: 16 U.S.C. 1801 et seq. fishing year in 2016, NMFS will monitor the requirements to provide prior notice recreational landings for a persistence in and opportunity for public comment on Dated: August 6, 2015. increased landings and, if necessary, this temporary rule pursuant to 5 U.S.C. Jennifer M. Wallace, reduce the length of the 2016 fishing 553(b)(B), because such procedures are Acting Director, Office of Sustainable season by the amount necessary to unnecessary and contrary to the public Fisheries, National Marine Fisheries Service. ensure landings do not exceed the interest. Such procedures are [FR Doc. 2015–19701 Filed 8–6–15; 4:15 pm] recreational ACL, in accordance with 50 unnecessary because the AMs BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 80, No. 154

Tuesday, August 11, 2015

This section of the FEDERAL REGISTER Instructions: All submissions received mattresses, based on CPSC incident contains notices to the public of the proposed must include the agency name and data. According to KBS, between 2000 issuance of rules and regulations. The docket number for this notice. All and 2013, 15 incidents involving purpose of these notices is to give interested comments received may be posted supplemental mattresses occurred in persons an opportunity to participate in the rule making prior to the adoption of the final without change, including any personal domestic settings and six incidents rules. identifiers, contact information, or other occurred in a child care setting. The personal information provided, to: petitioner states that all of the incidents http://www.regulations.gov. Do not involved a child being wedged between CONSUMER PRODUCT SAFETY submit confidential business gaps created when a supplemental COMMISSION information, trade secret information, or mattress was added to a play yard or other sensitive or protected information portable crib. The petitioner 16 CFR Chapter II that you do not want to be available to additionally states that the data indicate the public. If furnished at all, such that most of the supplemental [Docket No. CPSC–2015–0020] information should be submitted in mattresses involved in deaths exceeded writing. 11⁄2 inches in thickness. Petition Requesting Rulemaking on Docket: For access to the docket to The petitioner also asserts that the Supplemental Mattresses for Play read background documents or current standard (ASTM F406–13, Yards With Non-Rigid Sides comments received, go to: Standard Consumer Safety Specification http://www.regulations.gov, and insert for Non-Full-Size Baby Cribs/Play AGENCY: Consumer Product Safety the docket number, CPSC–2015–0020, Yards) does not adequately address the Commission. into the ‘‘Search’’ box, and follow the risk of injury posed by supplemental ACTION: Request for comments. prompts. mattresses. KBS states that although FOR FURTHER INFORMATION CONTACT: ASTM F406–13 requires each product to SUMMARY: The Consumer Product Safety Rocky Hammond, Office of the be sold with a mattress provided by the Commission (‘‘CPSC’’ or ‘‘Commission’’) Secretary, Consumer Product Safety manufacturer with a total thickness not has received a petition requesting a ban 1 Commission, 4330 East West Highway, to exceed 1 ⁄2 inches, and contain on supplemental mattresses for play Bethesda, MD 20814; telephone (301) warnings never to add a mattress, yards with non-rigid sides, which are 504–6833, email: [email protected]. supplemental mattresses continue to be currently marketed to be used with non- marketed to consumers for use in SUPPLEMENTARY INFORMATION: On June full-size cribs, play yards, portable cribs, portable cribs and play yards. According 16, 2015, Keeping Babies Safe (referred and play pens. The Commission invites to the petitioner, modifying the existing to as ‘‘KBS’’ or ‘‘petitioner’’), submitted written comments concerning the language in the current ASTM standard a petition to the Commission to initiate petition. is not adequate to educate consumers a rulemaking to ban supplemental about the unreasonable risk of injury DATES: The Office of the Secretary must mattresses for play yards with non-rigid that these mattresses pose to consumers. receive comments on the petition by sides, which are currently marketed to KBS states that, because supplemental October 13, 2015. be used with non-full-size cribs, play mattresses continue to be sold to ADDRESSES: You may submit comments, yards, portable cribs, and play pens consumers, the most effective way to identified by Docket No. CPSC–2015– under the Commission’s authority under address the risk of injury caused by 0020, by any of the following methods: section 8 of the Consumer Product supplemental mattresses is to ban the Safety Act (‘‘CPSA’’), 15 U.S.C. 2057. Electronic Submissions: Submit product so that consumers do not have KBS states that these supplemental electronic comments to the Federal access to the product. mattresses should be deemed banned eRulemaking Portal at: http:// Interested parties may obtain a copy hazardous products because they www.regulations.gov. Follow the of the petition by writing or calling the present an unreasonable risk of injury instructions for submitting comments. Office of the Secretary, Consumer and death to infants, and that no The Commission does not accept Product Safety Commission, 4330 East feasible consumer product safety comments submitted by electronic mail West Highway, Bethesda, MD 20814; standard would adequately protect (email), except through email: [email protected]; telephone infants from the unreasonable risk of www.regulations.gov. The Commission (301) 504–6833. The petition is also injury and death associated with the encourages you to submit electronic available at http://www.regulations.gov product.1 comments by using the Federal under Docket No. CPSC–2015–0020, In support, the petitioner asserts that eRulemaking Portal, as described above. Supporting and Related Materials. Written Submissions: Submit written KBS analyzed the death and injuries submissions in the following way: mail/ associated with supplemental Dated: August 6, 2015. hand delivery/courier to: Office of the Todd A. Stevenson, Secretary, Consumer Product Safety 1 KBS excludes from its request replacement Secretary, Consumer Product Safety mattresses offered for sale by manufacturers of play Commission. Commission, Room 820, 4330 East West yards who offer mattresses as a replacement part for Highway, Bethesda, MD 20814; those mattresses that were originally included with [FR Doc. 2015–19680 Filed 8–10–15; 8:45 am] telephone (301) 504–7923. the play yard. BILLING CODE 6355–01–P

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DEPARTMENT OF JUSTICE • Electronic comments: The Drug (such as your name, address, etc.) as Enforcement Administration encourages part of your comment, but do not want Drug Enforcement Administration that all comments be submitted it to be made publicly available, you electronically through the Federal must include the phrase ‘‘PERSONAL 21 CFR Part 1308 eRulemaking Portal, which provides the IDENTIFYING INFORMATION’’ in the [Docket No. DEA–419N] ability to type short comments directly first paragraph of your comment. You into the comment field on the Web page must also place the personal identifying Schedules of Controlled Substances: or to attach a file for lengthier information you do not want made Placement of Eluxadoline Into comments. Please go to http:// publicly available in the first paragraph Schedule IV www.regulations.gov and follow the of your comment and identify what online instructions at that site for information you want redacted. AGENCY: Drug Enforcement submitting comments. Upon completion If you want to submit confidential Administration, Department of Justice. of your submission you will receive a business information as part of your ACTION: Notice of proposed rulemaking. Comment Tracking Number for your comment, but do not want it to be made publicly available, you must include the SUMMARY: The Drug Enforcement comment. Please be aware that phrase ‘‘CONFIDENTIAL BUSINESS Administration proposes to place the submitted comments are not INFORMATION’’ in the first paragraph substance eluxadoline (5-[[[(2S)-2- instantaneously available for public of your comment. You must also amino-3-[4-aminocarbonyl)-2,6- view on Regulations.gov. If you have prominently identify confidential dimethylphenyl]-1-oxopropyl][(1S)-1-(4- received a Comment Tracking Number, business information to be redacted phenyl-1H-imidazol-2- your comment has been successfully submitted and there is no need to within the comment. yl)ethyl]amino]methyl]-2- Comments containing personal methoxybenzoic acid), including its resubmit the same comment. • identifying information and confidential salts, isomers, and salts of isomers, into Paper comments: Paper comments that duplicate the electronic submission business information identified as schedule IV of the Controlled directed above will generally be made Substances Act (CSA). This proposed are not necessary and are discouraged. Should you wish to mail a paper publicly available in redacted form. If a scheduling action is pursuant to the comment has so much confidential CSA which requires that such actions be comment in lieu of an electronic comment, it should be sent via regular business information or personal made on the record after opportunity for identifying information that it cannot be a hearing through formal rulemaking. If or express mail to: Drug Enforcement Administration, Attn: DEA Federal effectively redacted, all or part of that finalized, this action would impose the comment may not be made publicly regulatory controls and administrative, Register Representative/ODL, 8701 Morrissette Drive, Springfield, Virginia available. Comments posted to http:// civil, and criminal sanctions applicable www.regulations.gov may include any to schedule IV controlled substances on 22152. • Hearing requests: All requests for personal identifying information (such persons who handle (manufacture, as name, address, and phone number) distribute, dispense, import, export, hearing and waivers of participation must be sent to: Drug Enforcement included in the text of your electronic engage in research, conduct submission that is not identified as Administration, Attn: Federal Register instructional activities, or possess), or directed above as confidential. Representative/ODL, 8701 Morrissette propose to handle eluxadoline. An electronic copy of this document DATES: Interested persons may file Drive, Springfield, Virginia 22152. All and supplemental information to this written comments on this proposal in requests for hearing and waivers of proposed rule are available at http:// accordance with 21 CFR 1308.43(g). participation should also be sent to: www.regulations.gov for easy reference. Electronic comments must be Drug Enforcement Administration, Attn: submitted, and written comments must Hearing Clerk/LJ, 8701 Morrissette Request for Hearing, Notice of be postmarked, on or before September Drive, Springfield, Virginia 22152. Appearance at Hearing, Waiver of an 10, 2015. Commenters should be aware FOR FURTHER INFORMATION CONTACT: John Opportunity for a Hearing or To that the electronic Federal Docket R. Scherbenske, Office of Diversion Participate in a Hearing Management System will not accept Control, Drug Enforcement Pursuant to 21 U.S.C. 811(a), this comments after 11:59 p.m. Eastern Time Administration; Mailing Address: 8701 action is a formal rulemaking ‘‘on the on the last day of the comment period. Morrissette Drive, Springfield, Virginia record after opportunity for a hearing.’’ Interested persons, defined at 21 CFR 22152; Telephone: (202) 598–6812. Such proceedings are conducted 1300.01 as those ‘‘adversely affected or SUPPLEMENTARY INFORMATION: pursuant to the provisions of the aggrieved by any rule or proposed rule Administrative Procedure Act (APA), 5 issuable pursuant to section 201 of the Posting of Public Comments U.S.C. 551–559. 21 CFR 1308.41– Act (21 U.S.C. 811),’’ may file a request Please note that all comments 1308.45; 21 CFR part 1316, subpart D. for hearing, notice of appearance, or received in response to this docket are In accordance with 21 CFR 1308.44(a)– waiver of hearing pursuant to 21 CFR considered part of the public record. (c), requests for hearing, notices of 1308.44 and in accordance with 21 CFR They will, unless reasonable cause is appearance, and waivers of an 1316.45, 1316.47, 1316.48, or 1316.49, given, be made available by the Drug opportunity for a hearing or to as applicable. Requests for hearing, Enforcement Administration (DEA) for participate in a hearing may be notices of appearance, and waivers of an public inspection online at http:// submitted only by interested persons, opportunity for a hearing or to www.regulations.gov. Such information defined as those ‘‘adversely affected or participate in a hearing must be includes personal identifying aggrieved by any rule or proposed rule received on or before September 10, information (such as your name, issuable pursuant to section 201 of the 2015. address, etc.) voluntarily submitted by Act (21 U.S.C. 811).’’ 21 CFR 1300.01. ADDRESSES: To ensure proper handling the commenter. The Freedom of Such requests or notices must conform of comments, please reference ‘‘Docket Information Act (FOIA) applies to all to the requirements of 21 CFR No. DEA–419N’’ on all correspondence, comments received. If you want to 1308.44(a) or (b), and 1316.47 or including any attachments. submit personal identifying information 1316.48, as applicable, and include a

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statement of interest of the person in the for abuse, and * * * makes with respect the HHS’ recommendation to control proceeding and the objections or issues, to such drug or other substance the eluxadoline under schedule IV of the if any, concerning which the person findings prescribed by subsection (b) of CSA. desires to be heard. Any waiver must section 812 of this title for the schedule In response, the DEA reviewed the conform to the requirements of 21 CFR in which such drug is to be placed scientific and medical evaluation and 1308.44(c) and 1316.49, including a * * *.’’ The Attorney General has scheduling recommendation provided written statement regarding the delegated scheduling authority under 21 by the HHS, and all other relevant data, interested person’s position on the U.S.C. 811 to the Administrator of the and completed its own eight-factor matters of fact and law involved in any DEA. 28 CFR 0.100. review document pursuant to 21 U.S.C. hearing. The CSA provides that scheduling of 811(c). Included below is a brief Please note that pursuant to 21 U.S.C. any drug or other substance may be summary of each factor as analyzed by 811(a), the purpose and subject matter initiated by the Attorney General (1) on the HHS and the DEA, and as of a hearing is restricted to: ‘‘find[ing] her own motion; (2) at the request of the considered by the DEA in its proposed that such drug or other substance has a Secretary of Health and Human Services scheduling decision. Please note that potential for abuse, and * * * mak[ing] (HHS); or (3) on the petition of any both the DEA and the HHS analyses are with respect to such drug or other interested party. 21 U.S.C. 811(a). If available in their entirety under substance the findings prescribed by finalized, this action would impose the ‘‘Supporting and Related Material’’ in subsection (b) of section 812 of this title regulatory controls and administrative, the public docket for this proposed rule for the schedule in which such drug is civil, and criminal sanctions of schedule at http://www.regulations.gov, under to be placed * * *.’’ All requests for IV controlled substances for any person Docket Number ‘‘DEA–419N’’. Full hearing and waivers of participation who handles eluxadoline. analysis of, and citations to, the must be sent to the DEA using the information referenced in the summary Background address information provided above. may also be found in the supporting and Legal Authority Eluxadoline is a new molecular entity related material. with central nervous system opioid 1. The Drug’s Actual or Relative The DEA implements and enforces properties. It has not been marketed in Potential for Abuse: Eluxadoline is a titles II and III of the Comprehensive any country. Eluxadoline has mixed mu new chemical entity that has not been Drug Abuse Prevention and Control Act opioid receptor (MOR) and kappa marketed in the U.S. or in any other of 1970, as amended. 21 U.S.C. 801–971. opioid receptor (KOR) agonist and delta country. As such, there is no Titles II and III are referred to as the opioid receptor (DOR) antagonist information available which details ‘‘Controlled Substances Act’’ and the properties. Recently, the Food and Drug actual abuse of eluxadoline. However, ‘‘Controlled Substances Import and Administration (FDA) approved the legislative history of the CSA Export Act,’’ respectively, and are eluxadoline as a prescription drug for suggests that the DEA consider the collectively referred to as the the treatment of irritable bowel following criteria in determining ‘‘Controlled Substances Act’’ or the syndrome with diarrhea (IBS-d). whether a particular drug or substance ‘‘CSA’’ for the purpose of this action. Eluxadoline will be marketed as 75 and has a potential for abuse: 2 The DEA publishes the implementing 100 milligrams (mg) oral tablets under (1) There is evidence that individuals are regulations for these statutes in title 21 the trade name of Viberzi. of the Code of Federal Regulations taking the drug or drugs containing such a Proposed Determination To Schedule substance in amounts sufficient to create a (CFR), chapter II. The CSA and its hazard to their health or to the safety of other implementing regulations are designed Eluxadoline individuals or to the community; to prevent, detect, and eliminate the Pursuant to 21 U.S.C. 811(a)(1), (2) There is significant diversion of the diversion of controlled substances and proceedings to add a drug or substance drug or substance from legitimate drug listed chemicals into the illicit market to those controlled under the CSA may channels; while ensuring an adequate supply is be initiated by request of the Secretary (3) Individuals are taking the substance on their own initiative rather than on the basis available for the legitimate medical, of the HHS.1 The HHS provided the scientific, research, and industrial needs of medical advice from a practitioner DEA with a scientific and medical licensed by law to administer such drugs in of the United States. Controlled evaluation document (dated May 5, the course of his professional practice; or substances have the potential for abuse 2015) prepared by the FDA entitled (4) The drug or drugs containing such a and dependence and are controlled to ‘‘Basis for the Recommendation to Place substance are new drugs so related in their protect the public health and safety. Eluxadoline and Its Salts into schedule action to a drug or drugs already listed as Under the CSA, each controlled IV of the Controlled Substances Act’’ having a potential for abuse to make it likely substance is classified into one of five and a scheduling recommendation. that they will have the same potentiality for schedules based upon its potential for abuse as such substance, thus making it Pursuant to 21 U.S.C. 811(b), this reasonable to assume that there may be abuse, its currently accepted medical document contained an eight-factor use in treatment in the United States, significant diversions from legitimate analysis of the abuse potential of channels, significant use contrary to or and the degree of dependence the eluxadoline as a new drug, along with without medical advice, or that it has a substance may cause. 21 U.S.C. 812. The substantial capability of creating hazards to initial schedules of controlled 1 As set forth in a memorandum of understanding the health of the user or to the safety of the substances established by Congress are entered into by the HHS, the Food and Drug community. found at 21 U.S.C. 812(c), and the Administration (FDA), and the National Institute on Both the HHS and the DEA note that current list of all scheduled substances Drug Abuse (NIDA), the FDA acts as the lead agency within the HHS in carrying out the Secretary’s three of the above mentioned four is published at 21 CFR part 1308. scheduling responsibilities under the CSA, with the criteria (1, 2, and 3) do not apply to Pursuant to 21 U.S.C. 811(a)(1), the concurrence of the NIDA. 50 FR 9518, Mar. 8, 1985. eluxadoline for the following reasons. Attorney General may, by rule, ‘‘add to In addition, because the Secretary of the HHS has Eluxadoline is a new molecular entity such a schedule or transfer between delegated to the Assistant Secretary for Health of the HHS the authority to make domestic drug such schedules any drug or other scheduling recommendations, for purposes of this 2 Comprehensive Drug Abuse Prevention and substance if he * * * finds that such document, all subsequent references to ‘‘Secretary’’ Control Act of 1970, H.R. Rep. No. 91–1444, 91st drug or other substance has a potential have been replaced with ‘‘Assistant Secretary.’’ Cong., Sess. 1 (1970); 1970 U.S.C.C.A.N. 4566, 4601.

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and has not been marketed in any in Drowsiness and Sedation. These the 39-week treatment period. In a dose- country. Accordingly, it has not been results are also similar to those finding study, daily intravenous diverted from legitimate sources, and produced by pentazocine in a published administration of 20 mg/kg eluxadoline individuals have not taken this study which reported a statistically for seven days produced opioid- substance in amounts sufficient to significant increase in the VAS score for associated behaviors (decreased create a hazard to public health or Bad Drug Effects and the score for respiration and periods of safety. Therefore, criterion 4 is the only ARCI–LSD (Dysphoria). Eluxadoline unconsciousness). These effects were one that applies to eluxadoline. produced dysphoric effects consistent severely pronounced following 40 mg/ Eluxadoline acts as a high affinity with kappa agonist activity related kg dose. All animals in the highest dose agonist at MORs and KORs and as an effects produced by pentazocine and group (40 mg/kg reduced to 30 mg/kg on antagonist at DORs. Eluxadoline butorphanol. the second day of the dosing after one produced opioid agonistic effects such In summary, eluxadoline appears to animal died) exhibited opioid overdose as centrally mediated analgesia, be so related in its action to substances symptoms such as decreased activity, sedation, motor impairment, respiratory already listed as having potential for unresponsiveness, decreased body depression, and death in some animals. abuse, and which have been controlled temperature and respiration rates. Eluxadoline generalized to morphine in in schedule IV of the CSA, to make it Opioid antagonist naloxone (0.1 mg/kg) a drug discrimination study in monkeys likely that eluxadoline will have the was administered either subcutaneously suggesting its MOR agonist properties. same potential for abuse as those or intravenously to more or less severely Monkeys self-administered eluxadoline substances. affected animals, respectively. Upon indicating its rewarding properties. 2. Scientific Evidence of Its reducing the eluxadoline dose from 40 Receptor binding and functional Pharmacological Effects, If Known: The mg/kg to 30 mg/kg, all animals profile studies demonstrate that HHS, in its scientific and medical continued to respond with opioid eluxadoline has KOR agonistic activity. evaluation document, reviewed data overdose symptoms. Pentazocine (schedule IV opioid from pre-clinical and clinical studies on In a hot-plate test for studying anti- analgesic) and butorphanol (schedule IV eluxadoline. The HHS’ findings are nociceptive effects in mice, oral opioid analgesic) are the two currently summarized below. administration of eluxadoline up to marketed opioid drugs with KOR Pre-Clinical In Vitro Pharmacological doses of 1000 mg/kg showed no agonist activity. Pentazocine and Studies significant analgesic responses. butorphanol were initially approved for However, subcutaneous administration market as non-controlled drugs. Eluxadoline has high affinity at the of both 10 and 50 mg/kg eluxadoline However, subsequent reports of their MOR, KOR, and DOR. Eluxadoline caused significant increases in hot plate actual abuse supported control as lacked significant affinity for other latencies and produced concurrent schedule IV drugs under the CSA. binding sites including those associated opioid-associated behaviors such as Clinical studies indicated that with abuse potential. Similar to Straub tail and increased limb tone. pentazocine and butorphanol have been butorphanol (schedule IV), eluxadoline As mentioned in the HHS scientific shown to cause greater dysphoria and to acted as an agonist at both MOR and and medical evaluation and scheduling be less abusable than the schedule II KOR, but acted as an antagonist at DOR. recommendation, drug discrimination opioids. Pentazocine (schedule IV) also has tests in animals serve as an important In human abuse potential studies, agonist activity at KOR. experimental method for predicting eluxadoline produced both positive and Pre-Clinical In Vivo Studies whether the effects of a given test drug negative responses. The maximal effects will be similar to that of a standard of eluxadoline on Drug Liking are In the Irwin test (a test of general training drug used in the study. In drug greater than that of placebo, but less behavioral responses), there were no discrimination studies conducted in than that of oxycodone (schedule II). noticeable behavioral changes produced Rhesus monkeys trained to discriminate Eluxadoline produced small statistically by eluxadoline at three subcutaneous between subcutaneously administered significant increases in several positive doses of 500, 1000, or 2000 mg/kg in morphine (1 mg/kg) and vehicle using subjective responses such as visual mice. Similarly, there were no changes shock stimulus termination procedure, analog scale (VAS) scores for Take Drug in motor activity, reflexes, excitation, intravenous administration of 17.8 mg/ Again, Subjective Drug Value, Good body tone, righting reflex, and rotorod kg dose of eluxadoline HCl produced Drug Effects, High, and the Addiction tests or in body temperature in rats full generalization to morphine (1 mg/ Research Center Inventory-Morphine following oral administration of kg) in the only monkey tested. When Benzedrine Group (ARCI–MBG, eluxadoline (30 or 300 mg/kg). this same monkey was tested at 10 mg/ Euphoria). The positive subjective However, intravenous administration of kg, there was no generalization. responses to eluxadoline were most eluxadoline HCl (5, 10 and 20 mg/kg/ However, the 10 mg/kg dose of often statistically significantly less than day) in rats for 14 days followed by a eluxadoline produced full those produced by oxycodone. 14-day recovery period produced classic generalization in a different monkey. Eluxadoline produced a high rate of opioid-related behaviors including The lowest doses of eluxadoline at 1.0 euphoria in human abuse potential general arousal, handling reactivity, (n = 1) and 3.2 mg/kg (n = 2) produced studies. However, these euphoric effects stereotypy, tail pinch response, touch no generalization (<20%) to morphine. of eluxadoline are less than that of response, changes in posture, gait, Eluxadoline, as a mu and kappa opioid oxycodone. mobility, righting reflex, respiration, agonist, produces an interoceptive cue Eluxadoline at all doses elicited a and hindlimb splay. In a toxicity study similar to that of mu opioid agonist, small but significant increase in the in Cynomolgus monkeys, animals morphine (schedule II). These data are VAS score for Drug Disliking. treated with eluxadoline (50, 100, and similar to those from several published Eluxadoline also produced a statistically 200 mg/kg/day) or vehicle via oral human studies in which butorphanol significant increase in VAS Bad Drug gavage for nine months, followed by a (schedule IV, mu and kappa opioid Effects, ARCI Lysergic Acid four-week recovery period (for the agonist), pentazocine (schedule IV, Diethylamide (ARCI–LSD, Dysphoria), vehicle and 200 mg/kg groups), kappa opioid agonist) and tramadol but did not cause a significant increase exhibited no changes in behavior during (schedule IV, mu opioid agonist

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prodrug) generalized to hydromorphone Liking with at least one of the Another clinical study evaluated the (schedule II, mu opioid agonist). Thus, eluxadoline doses tested. Data from the abuse potential and safety of intranasal these drug discrimination data secondary subjective measures showed administration of crushed eluxadoline demonstrate that mu opioid agonists that oxycodone (30 and 60 mg) (100 and 200 mg) in comparison to will be recognized by animals and statistically significantly increased crushed oxycodone HCl (crushed, 15 humans as having similar scores on other positive subjective and 30 mg) in 31 healthy adult, non- pharmacological properties to each responses such as the VAS for Overall dependent recreational opioid users. On other. Drug Liking, Take Drug Again, the primary subjective measure of Drug Drug self-administration tests in Subjective Drug Value, Good Drug Liking VAS, eluxadoline (100 and 200 animals are used to evaluate the Effects, High, and ARCI–MBG mg) failed to produce Emax scores on rewarding effects of drugs. There is a (Euphoria). At supratherapeutic oral Drug Liking that were statistically good correlation between those drugs doses (300 and/or 1000 mg), eluxadoline different from that of placebo while that are self-administered by animals elicited statistically significant increases oxycodone at both tested doses (15 and and those that are abused by humans. as compared to the placebo in positive 30 mg) produced statistically significant The data from self-administration subjective responses such as VAS for higher maximum (Emax) scores studies provide a measure for abuse Take Drug Again, Subjective Drug compared to placebo. Results for the potential. In a self-administration study Value, Good Drug Effects, High, and secondary subjective measures show with monkeys (n = 5) trained to self- ARCI–MBG (Euphoria). The positive oxycodone (15 and 30 mg) significantly administer heroin (0.032 mg/kg/infusion subjective responses to eluxadoline increased scores on positive subjective in two monkeys or 0.01 mg/kg/infusion were most often statistically responses including the VAS for Overall in three monkeys), the 0.32 and 1.0 mg/ significantly less than those produced Drug Liking, Take Drug Again, kg/infusion doses of eluxadoline HCl by either dose of oxycodone (30 and 60 Subjective Drug Value, Good Drug did not produce self-administration in mg). The HHS states that these results Effects, High, and ARCI–MBG one monkey trained to self-administer are similar to those produced by a kappa (Euphoria). Eluxadoline (100 and 200 the higher 0.032 mg/kg/infusion dose of opioid agonist, pentazocine (schedule mg) produced significant increases heroin, or in three other monkeys IV). Eluxadoline at all doses elicited a compared to placebo in these positive trained to self-administer the lower small but significant increase in the subjective responses. The positive 0.001 mg/kg/infusion dose of heroin. VAS score for Drug Disliking, but it subjective responses to eluxadoline When the highest dose of eluxadoline happened one to two hours before the were most often significantly less than HCI (3.2 mg/kg/infusion) was tested first peak Drug Liking response. those produced by either dose of in the two monkeys trained at the 0.032 Furthermore, there were no statistically oxycodone. Intranasal eluxadoline mg/kg/infusion dose of heroin, the self- significant differences in Drug Disliking produced a small but statistically administration rate of eluxadoline HCl between eluxadoline and oxycodone (60 significant increase in the VAS for Drug (10–19 infusions/session) was less than mg). Eluxadoline also produced a Disliking while oxycodone did not. that of heroin, but more than that of statistically significant increase in VAS Eluxadoline also produced a significant saline (2–4 infusions/session). The self- Bad Drug Effects, and ARCI–LSD increase in VAS Bad Drug Effects, administration of eluxadoline in (Dysphoria), but did not cause a ARCI–LSD (Dysphoria), Drowsiness, animals seems similar to that of the mu significant increase in Drowsiness and and Sedation. Oxycodone at both doses and kappa opioid agonist, butorphanol Sedation. These results are also similar increased each of these negative (schedule IV), a kappa opioid agonist, to those produced by pentazocine in a subjective measurements, to a degree pentazocine (schedule IV) and another published study which reported a significantly greater than that of placebo mu opioid agonist prodrug, tramadol statistically significant increase in the but similar to the high dose of (schedule IV). VAS score for Bad Drug Effects and the eluxadoline. Subjects identified Human Behavioral Studies score for ARCI–LSD (Dysphoria). eluxadoline as an opioid to a degree that In a clinical study, the abuse Oral administration of eluxadoline was less than that of oxycodone. potential, safety, tolerability, and produced an increase in several Intranasal administration of eluxadoline pharmacokinetics of orally administered classical opioid-like adverse events caused adverse events such as euphoria eluxadoline (100, 300 and 1000 mg) (AEs) associated with mu opioid after the 100 mg (22%) and the 200 mg were compared with positive control agonists. Eluxadoline (ranging from 14– doses (19%). Rate of euphoria following drug, oxycodone (30 and 60 mg) in 28%) produced euphoria in a dose- eluxadoline was less than that of healthy non-dependent recreational dependent manner and it was greater oxycodone at 15 mg (44%) and 30 mg opioid users. Of the subjects who than that after placebo (5%) but less (67%), and greater than placebo (0%). received any study treatment, a total of than that of oxycodone (ranging from All incidences of euphoria produced by 33 subjects completed the study. On the 73–76%). Eluxadoline induced eluxadoline were mild in intensity. primary subjective measure of VAS centrally-mediated responses such as The clinical efficacy studies Drug Liking, eluxadoline at the two somnolence (ranging from 19–42%), and conducted with oral eluxadoline (75 supratherapeutic doses (300 and 1000 it overlaps with the rate reported for and 100 mg/BID) reported abuse-related mg) produced statistically significant oxycodone (38–41%) and placebo AEs. The AE of euphoric mood was higher maximum (Emax) scores on Drug (19%). Peripheral opioid-associated AEs reported by only two IBS-d patients in Liking compared to placebo. When such as dry mouth were also mentioned the pooled Phase 2 and 3 safety trials compared to that of either dose of (11–19% for eluxadoline and 11–13% (0.2% of population). The dose of oxycodone on Drug Liking, all three for oxycodone). Pruritus was also eluxadoline for both these subjects was tested doses of eluxadoline (100, 300 reported with a range of 8–11% for 100 mg BID. Similarly, the AE of and 1000 mg) showed statistically eluxadoline and 54–70% for oxycodone. ‘‘feeling drunk’’ was reported by only significant lower Emax scores. Eighteen The above AEs support that eluxadoline two subjects (0.1% of subjects in the 75 of the 36 subjects who received produced typical opioid-like effects, mg group and 0.1% of subjects in the eluxadoline showed a statistically although these are less frequent than 100 mg group). Other than euphoria, significant positive response on Drug reported for oxycodone. anxiety (1.7%) and somnolence (0.7%)

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were the most commonly reported as pentazocine and butorphanol and has uncontrolled drugs. However abuse-related AEs. There were a few similar abuse potential (see factors 1 subsequent reports of abuse of other central nervous system-associated and 2). Pentazocine and butorphanol butorphanol and pentazocine led to AEs observed in clinical trials. These were initially approved for market as their control as schedule IV drugs under included headache (4.0–4.5%), non-controlled drugs. However, the CSA. Thus, if eluxadoline were to be dizziness (2.2–3.2%), and fatigue (1.9– subsequent reports of actual abuse of marketed as a non-controlled drug, it is 2.6%). Thus there was a very low pentazocine and butorphanol supported likely to be abused for its rewarding incidence of euphoria-related AEs in control as schedule IV drugs under the properties. If uncontrolled, it is also these clinical studies. It is not CSA. It is likely that eluxadoline, upon likely that individuals seeking opioids uncommon for patients participating in approval for marketing, will be abused will abuse eluxadoline as a substitute clinical studies to exhibit a low rate of for its rewarding effects. for other opioids that are controlled euphoria-related AEs compared to Eluxadoline generalized to the under the CSA. participants in Phase I human abuse stimulus effects of morphine (schedule In human abuse potential studies, potential studies. This difference may II) in animal drug discrimination eluxadoline produced both positive and be due to the underlying disease state of studies. These discriminative stimulus negative subjective responses. The the patient population in clinical effects are similar to that for maximal effects of eluxadoline on Drug studies versus the healthy subject butorphanol, a schedule IV mu and Liking are greater than that of placebo, population in human abuse potential kappa opioid receptor agonist and for but less than that of oxycodone studies. pentazocine, a schedule IV kappa opioid (schedule II). Eluxadoline at all doses 3. The State of Current Scientific receptor agonist. In two human abuse elicited a small but significant increase Knowledge Regarding Eluxadoline: The potential studies, eluxadoline produced in the VAS score for Drug Disliking. The chemical name of eluxadoline is 5- both positive and negative subjective negative subjective responses of [[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6- responses. The maximal effects of eluxadoline may be reflective of its dimethylphenyl]-1-oxopropyl][(1S)-1-(4- eluxadoline on Drug Liking are greater kappa opioid receptor agonist properties phenyl-1H-imidazol-2- than that of placebo, but less than that and these are similar to those of yl)ethyl]amino]methyl]-2- of oxycodone (schedule II). Eluxadoline schedule IV opioids, butorphanol and methoxybenzoic acid. The molecular at all doses elicited a small but pentazocine. These dysphoric effects formula of eluxadoline is C32H35N5O5 significant increase in the VAS score for may indicate a lower abuse potential of and its molecular weight is 569.65. Drug Disliking. The negative subjective eluxadoline. Eluxadoline has two asymmetric responses of eluxadoline may be 6. What, If Any, Risk There Is To the carbons, and there are at least four reflective of its kappa opioid receptor Public Health: Data from pre-clinical different optical isomers. Because agonist properties and these are similar and clinical studies indicate that eluxadoline has abuse potential similar eluxadoline contains a primary amine to those of schedule IV opioids, to schedule IV opioids such as and a carboxylic acid in its structure, butorphanol and pentazocine. These butorphanol and pentazocine. Abuse the pH of the solution will determine dysphoric effects may indicate a lower potential of a drug is considered a risk whether the primary amine will be abuse potential of a substance. In to the public health. Available protonated (positively charged) and the human abuse potential studies oral or information suggests that if eluxadoline carboxylic acid will be deprotonated intranasal administration of eluxadoline were to be marketed as a non-controlled (negatively charged). The synthesis of produced euphoria with a degree less eluxadoline requires a high level of drug, it would be abused for its than that of oxycodone. expertise and knowledge in organic rewarding properties. The major As of May 20, 2015, no reports for chemistry. The tablets could be cracked concern regarding eluxadoline’s risk to eluxadoline were identified in either the and easily crushed by users with a tablet public health is based on animal studies National Forensic Laboratory crusher or a mortar and pestle. in monkeys treated with eluxadoline, Information System (NFLIS),3 or System However, the unique physicochemical where the animals exhibited opioid to Retrieve Information on Drug properties of eluxadoline may present a overdose symptoms such as decreased Evidence (STRIDE).4 challenge to isolate eluxadoline for activity, unresponsiveness, decreased 5. The Scope, Duration, and purposes of abuse. body temperature, and decreased The half-life of eluxadoline is Significance of Abuse: Because respiration rates. Severe sedation and approximately five hours, with high eluxadoline is a new molecular entity slumping were also observed in inter-subject variability. Eluxadoline has and has not been marketed in any monkeys following self-administration a low oral bioavailability due to poor GI country, information as to the scope, with eluxadoline. Furthermore, opioid- permeability and moderate hepatic first- duration and significance of its abuse is like effects of eluxadoline may not be pass extraction involving OATP1B1- not available. Both pre-clinical and reversible unless adequate or repeated mediated hepatic uptake of eluxadoline. clinical studies indicate that administration of opioid antagonists Co-administration with food lowered eluxadoline shares pharmacological such as naloxone or naltrexone is systemic exposures. Biliary excretion similarities with schedule IV drugs such performed. accounted for over 80% of overall as butorphanol and pentazocine and has 7. Its Psychic or Physiological elimination, while there is a minimal similar abuse potential. Pentazocine and Dependence Liability: Several pre- elimination by renal excretion. butorphanol were initially marketed as clinical studies both on Cynomolgus 4. History and Current Pattern of monkeys and rats treated with different Abuse: Because eluxadoline is a new 3 NFLIS is a program of the DEA that collects drug doses of eluxadoline followed by identification results from drug cases analyzed by molecular entity and has not been other Federal, State, and local forensic laboratories. various recovery or drug marketed in any country, information as 4 STRIDE collected the results of drug evidence discontinuation periods showed no to the history and current pattern of its analyzed at DEA laboratories and reflects evidence behavioral changes during the treatment abuse is not available. Data from pre- submitted by the DEA, other Federal law period. There were also no behaviors enforcement agencies, and some local law clinical and clinical studies indicated enforcement agencies. On October 1, 2014, suggestive of withdrawal during the that eluxadoline shares pharmacological STARLiMS replaced STRIDE as the DEA laboratory observed recovery periods. Thus, similarities with schedule IV drugs such drug evidence data system of record. chronic administration of eluxadoline

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did not result in withdrawal signs in that eluxadoline, including its salts, substances, pursuant to 21 U.S.C. 827 laboratory monkeys and rats. However, isomers and salts of isomers, whenever and 958 and in accordance with 21 CFR monkeys self-administered eluxadoline. the existence of such salts, isomers, and 1304.03, 1304.04, and 1304.11(a) and This suggests that eluxadoline has salts of isomers is possible, warrants (b). sufficient rewarding effects to induce control in schedule IV of the CSA (21 After the initial inventory, every DEA reinforcement. In human subjects, the U.S.C. 812(b)(4)). registrant would be required to take an abuse-related AEs reported in clinical Requirements for Handling Eluxadoline inventory of all controlled substances studies found that eluxadoline (including eluxadoline) on hand, on a produced a low incidence of euphoria, If this rule is finalized as proposed, biennial basis, pursuant to 21 U.S.C. 827 ‘‘feeling drunk,’’ anxiety, somnolence, eluxadoline would be subject to the and 958, and in accordance with 21 CFR headache, abdominal pain, dizziness, CSA’s schedule IV regulatory controls 1304.03, 1304.04, and 1304.11. and fatigue, which are suggestive of its and administrative, civil, and criminal 5. Records. All DEA registrants would ability to produce psychic dependence. sanctions applicable to the manufacture, be required to maintain records with 8. Whether the Substance is an distribution, dispensing, importing, respect to eluxadoline pursuant to 21 Immediate Precursor of a Substance exporting, research, and conduct of U.S.C. 827 and 958, and in accordance Already Controlled Under the CSA: instructional activities involving with 21 CFR parts 1304, 1307, and 1312. Eluxadoline is not an immediate schedule IV substances, including the 6. Prescriptions. All prescriptions for precursor of any substance controlled following: eluxadoline or products containing under the CSA. 1. Registration. Any person who eluxadoline would need to comply with Conclusion: Based on consideration of handles (manufactures, distributes, 21 U.S.C. 829, and be issued in the scientific and medical evaluation dispenses, imports, exports, engages in accordance with 21 CFR parts 1306 and conducted by the HHS and its research, or conducts instructional 1311, subpart C. activities with) eluxadoline, or who recommendation, and after considering 7. Importation and Exportation. All desires to handle eluxadoline, would be its own eight-factor analysis, the DEA importation and exportation of required to be registered with the DEA has determined that these facts and all eluxadoline would need to be in to conduct such activities pursuant to relevant data constitute substantial compliance with 21 U.S.C. 952, 953, 21 U.S.C. 822, 823, 957, and 958 and in evidence of potential for abuse of 957, and 958, and in accordance with 21 accordance with 21 CFR parts 1301 and eluxadoline. As such, the DEA hereby CFR part 1312. 1312. Any person who currently proposes to schedule eluxadoline as a 8. Criminal Liability. Any activity handles eluxadoline, and is not controlled substance under the CSA. involving eluxadoline not authorized registered with the DEA, would need to by, or in violation of, the CSA, occurring Findings for Schedule Placement submit an application for registration on or after finalization of this proposed and may not continue to handle The CSA establishes five schedules of rule, would be unlawful, and may eluxadoline as of the effective date of controlled substances known as subject the person to administrative, the final rule, unless the DEA has schedules I, II, III, IV, and V. The statute civil, and/or criminal sanctions. outlines the findings required in placing approved that application for a drug or other substance in any registration, pursuant to 21 U.S.C. 822, Regulatory Analyses 823, 957, 958, and in accordance with schedule. 21 U.S.C. 812(b). After Executive Orders 12866 and 13563 consideration of the analysis and 21 CFR parts 1301 and 1312. recommendation of the Assistant 2. Security. Eluxadoline would be In accordance with 21 U.S.C. 811(a), Secretary for Health of the HHS and subject to schedule III–V security this proposed scheduling action is review of all available data, the requirements and would need to be subject to formal rulemaking procedures Administrator of the DEA, pursuant to handled and stored pursuant to 21 performed ‘‘on the record after 21 U.S.C. 812(b), finds that: U.S.C. 821, 823, 871(b) and in opportunity for a hearing,’’ which are accordance with 21 CFR 1301.71– conducted pursuant to the provisions of (1) The drug or other substance has a low 1301.93. 5 U.S.C. 556 and 557. The CSA sets potential for abuse relative to the drugs or 3. Labeling and Packaging. All labels forth the procedures and criteria for other substances in schedule III. Eluxadoline and labeling for commercial containers scheduling a drug or other substance. has a low potential for abuse relative to the drugs or other substances in schedule III. The of eluxadoline on or after finalization of Such actions are exempt from review by overall abuse potential of eluxadoline is this proposed rule would need to the Office of Management and Budget comparable to the schedule IV substances comply with 21 U.S.C. 825 and 958(e), (OMB) pursuant to section 3(d)(1) of such as pentazocine and butorphanol. and be in accordance with 21 CFR part Executive Order 12866 and the (2) The drug or other substance has a 1302. principles reaffirmed in Executive Order currently accepted medical use in treatment 4. Inventory. Every DEA registrant 13563. in the United States. Recently, the FDA who possesses any quantity of approved eluxadoline as a prescription drug eluxadoline on the effective date of the Executive Order 12988 for the treatment of irritable bowel syndrome final rule would be required to take an This proposed regulation meets the with diarrhea (IBS-d). Therefore, eluxadoline inventory of all stocks of eluxadoline on applicable standards set forth in has a currently accepted medical use in treatment in the United States. hand as of the effective date of the rule, Sections 3(a) and 3(b)(2) of Executive (3) Abuse of the drug or other substance pursuant to 21 U.S.C. 827 and 958, and Order 12988 to eliminate drafting errors may lead to limited physical dependence or in accordance with 21 CFR 1304.03, and ambiguity, minimize litigation, psychological dependence relative to the 1304.04, and 1304.11(a) and (d). provide a clear legal standard for drugs or other substances in schedule III. Any person who becomes registered affected conduct, and promote Abuse of eluxadoline may lead to limited with the DEA after the effective date of simplification and burden reduction. psychological dependence similar to that of the final rule must take an initial schedule IV drugs, but less than that of inventory of all stocks of controlled Executive Order 13132 schedule III drugs. substances (including eluxadoline) on This proposed rulemaking does not Based on these findings, the hand on the date the registrant first have federalism implications warranting Administrator of the DEA concludes engages in the handling of controlled the application of Executive Order

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13132. The proposed rule does not have the number of potential small entities significant economic impact on a substantial direct effects on the States, that might handle eluxadoline. substantial number of small entities. on the relationship between the national However, the DEA estimates that all Unfunded Mandates Reform Act of 1995 government and the States, or the persons who would handle, or propose distribution of power and to handle, eluxadoline are currently In accordance with the Unfunded responsibilities among the various registered with the DEA to handle Mandates Reform Act (UMRA) of 1995, levels of government. schedule IV controlled substances, 2 U.S.C. 1501 et seq., the DEA has because it is a pharmaceutical determined and certifies that this action Executive Order 13175 controlled substance intended for would not result in any Federal This proposed rule will not have medical treatment. Accordingly, the mandate that may result ‘‘in the tribal implications warranting the number of DEA registrations authorized expenditure by State, local, and tribal application of Executive Order 13175. It to handle schedule IV controlled governments, in the aggregate, or by the does not have substantial direct effects substances is a reasonable estimate for private sector, of $100,000,000 or more on one or more Indian tribes, on the the maximum number of eluxadoline (adjusted for inflation) in any one year.’’ relationship between the Federal handlers. Therefore, the DEA estimates Therefore, neither a Small Government government and Indian tribes, or on the that 1.6 million (1,554,254 as of June Agency Plan nor any other action is distribution of power and 2015) controlled substance registrations, required under UMRA of 1995. responsibilities between the Federal representing approximately 427,584 Paperwork Reduction Act of 1995 government and Indian tribes. entities, would be the maximum Regulatory Flexibility Act number of entities affected by this rule. This action does not impose a new The DEA estimates that 418,141 (97.8%) collection of information requirement The Administrator, in accordance of 427,584 affected entities are ‘‘small under the Paperwork Reduction Act of with the Regulatory Flexibility Act entities’’ in accordance with the RFA 1995, 44 U.S.C. 3501–3521. This action (RFA), 5 U.S.C. 601–612, has reviewed and SBA size standards. would not impose recordkeeping or this proposed rule and by approving it reporting requirements on State or local certifies that it will not have a The DEA anticipates that prospective eluxadoline handlers already handle governments, individuals, businesses, or significant economic impact on a organizations. An agency may not substantial number of small entities. other schedule IV controlled substances and that the cost impact as a result of conduct or sponsor, and a person is not The purpose of this proposed rule is to required to respond to, a collection of place eluxadoline, including its salts, placing eluxadoline in schedule IV would be nominal. As the anticipated information unless it displays a isomers, and salts of isomers, into currently valid OMB control number. schedule IV of the CSA. No less eluxadoline handlers already handle restrictive measures (i.e., non-control, or other scheduled IV controlled List of Subjects in 21 CFR Part 1308 control in schedule V) enable the DEA substances, they already have DEA registrations and the required security Administrative practice and to meet its statutory obligations under procedure, Drug traffic control, the CSA. In preparing this certification, and recordkeeping processes, equipment, and facilities in place, and Reporting and recordkeeping the DEA has assessed economic impact requirements. by size category and has considered would only require a nominal increase costs with respect to the various DEA in security, inventory, recordkeeping For the reasons set out above, the DEA registrant business activity classes. and labeling costs. proposes to amend 21 CFR part 1308 as Eluxadoline is a new molecular entity As discussed above, while the DEA follows: which has not yet been marketed in the does not have a basis to estimate the PART 1308—SCHEDULES OF United States or any other country. number of affected entities, the DEA CONTROLLED SUBSTANCES Although the manufacturer is expected estimates that the maximum number of to enjoy market exclusivity for many affected entities is 427,584 of which ■ 1. The authority citation for 21 CFR years, the DEA has no basis to 418,141 are estimated to be small part 1308 continues to read as follows: determine the level of contracted or entities. Since the affected entities are outsourced manufacturing activities or expected to handle other schedule IV Authority: 21 U.S.C. 811, 812, 871(b), the breadth of the distribution network. controlled substances and maintain unless otherwise noted. Furthermore, due to the wide variety of security and recordkeeping facilities ■ 2. Amend § 1308.14 by adding unidentifiable and unquantifiable and processes consistent with schedule paragraph (g)(3) to read as follows: variables that could potentially IV controlled substances, the DEA influence the dispensing and estimates any economic impact will be § 1308.14 Schedule IV. distribution rates of new pharmaceutical nominal. Because of these facts, this * * * * * drugs, the DEA is unable to determine proposed rule will not result in a (g) * * *

(3) Eluxadoline (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2- yl)ethyl]amino]methyl]-2-methoxybenzoic acid) (including its optical isomers) and its salts, isomers, and salts of isomers (9725)

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Dated: August 5, 2015. ADDRESSES: Submit your comments, Dated: July 30, 2015. Chuck Rosenberg, identified by Docket ID No. EPA–R04– Heather McTeer Toney, Acting Administrator. OAR–2015–0248 by one of the following Regional Administrator, Region 4. [FR Doc. 2015–19655 Filed 8–10–15; 8:45 am] methods: [FR Doc. 2015–19727 Filed 8–10–15; 8:45 am] BILLING CODE 4410–09–P 1. www.regulations.gov: Follow the BILLING CODE 6560–50–P on-line instructions for submitting comments. ENVIRONMENTAL PROTECTION 2. Email: [email protected]. ENVIRONMENTAL PROTECTION AGENCY 3. Fax: (404) 562–9019. AGENCY 4. Mail: ‘‘EPA–R04–OAR–2015– 40 CFR Part 52 40 CFR Part 52 0248,’’ Air Regulatory Management [EPA–R04–OAR–2015–0248; FRL–9932–19– Section (formerly the Regulatory [EPA–R04–OAR–2015–0384; FRL–9932–22– Region 4] Development Section), Air Planning and Region 4] Implementation Branch (formerly the Approval and Promulgation of Air Planning Branch), Air, Pesticides Approval and Promulgation of Implementation Plans; Georgia; and Toxics Management Division, U.S. Implementation Plans; Kentucky: New Atlanta; Requirements for the 2008 Environmental Protection Agency, Sources in or Impacting Nonattainment 8-Hour Ozone Standard Region 4, 61 Forsyth Street SW., Areas AGENCY: Environmental Protection Atlanta, Georgia 30303–8960. AGENCY: Environmental Protection Agency. 5. Hand Delivery or Courier: Lynorae Agency Benjamin, Chief, Air Regulatory ACTION: Proposed rule. ACTION: Proposed rule. Management Section, Air Planning and SUMMARY: The Environmental Protection Implementation Branch, Air, Pesticides SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a and Toxics Management Division, U.S. Agency (EPA) is proposing to approve state implementation plan revision Environmental Protection Agency, the Commonwealth of Kentucky’s submitted by the State of Georgia, Region 4, 61 Forsyth Street SW., September 23, 2011, State through Georgia Environmental Atlanta, Georgia 30303–8960. Such Implementation Plan (SIP) revision, Protection Division on February 6, 2015, deliveries are only accepted during the submitted through the Kentucky to address the base year emissions Regional Office’s normal hours of Division for Air Quality (KY DAQ), inventory and emissions statements operation. The Regional Office’s official which modifies the SIP by making requirements for the 2008 8-hour ozone hours of business are Monday through changes to Kentucky regulation, national ambient air quality standards Friday, 8:30 a.m. to 4:30 p.m., excluding ‘‘Review of new sources in or impacting for the Atlanta, Georgia 2008 8-hour Federal holidays. Please see the direct upon nonattainment areas.’’ EPA has ozone nonattainment area (hereinafter final rule which is located in the Rules preliminarily determined that referred to as the ‘‘Atlanta Area’’). These section of this Federal Register for Kentucky’s requested SIP revision meets requirements apply to all ozone detailed instructions on how to submit the applicable provisions of the Clean nonattainment areas. The Atlanta Area comments. Air Act (CAA or Act) and EPA is comprised of 15 counties in Atlanta FOR FURTHER INFORMATION CONTACT: regulations regarding Nonattainment (Bartow, Cherokee, Clayton, Cobb, Tiereny Bell, Air Regulatory New Source Review (NNSR) permitting. Coweta, DeKalb, Douglas, Fayette, Management Section, Air Planning and DATES: Forsyth, Fulton, Gwinnett, Henry, Written comments must be Implementation Branch, Air, Pesticides Newton, Paulding, and Rockdale). This received on or before September 10, and Toxics Management Division, U.S. proposed action is being taken pursuant 2015. Environmental Protection Agency, to the Clean Air Act and its ADDRESSES: Submit your comments, Region 4, 61 Forsyth Street SW., implementing regulations. identified by Docket ID Number EPA– Atlanta, Georgia 30303–8960. Ms. Bell In the Final Rules Section of this R04–OAR–2015–0384 by one of the can be reached at (404) 562–9088 and Federal Register, EPA is approving the following methods: via electronic mail at bell.tiereny@ State’s SIP revision as a direct final rule 1. www.regulations.gov: Follow the epa.gov. without prior proposal because the on-line instructions for submitting Agency views this as a noncontroversial SUPPLEMENTARY INFORMATION: For comments. submittal and anticipates no adverse additional information see the direct 2. Email: [email protected]. comments. A detailed rationale for the final rule which is published in the 3. Fax: (404) 562–9019. approval is set forth in the direct final Rules Section of this Federal Register. 4. Mail: ‘‘EPA–R04–OAR–2015– rule. If no adverse comments are A detailed rationale for the approval is 0384’’, Air Regulatory Management received in response to this rule, no set forth in the direct final rule and Section, Air Planning and further activity is contemplated. If EPA incorporated herein by reference. If no Implementation Branch, Air, Pesticides receives adverse comments, the direct adverse comments are received in and Toxics Management Division, U.S. final rule will be withdrawn and all response to this rule, no further activity Environmental Protection Agency, public comments received will be is contemplated. If EPA receives adverse Region 4, 61 Forsyth Street SW., addressed in a subsequent final rule comments, the direct final rule will be Atlanta, Georgia 30303–8960. based on this proposed rule. EPA will withdrawn and all public comments 5. Hand Delivery or Courier: Ms. not institute a second comment period received will be addressed in a Lynorae Benjamin, Chief, Air Regulatory on this document. Any parties subsequent final rule based on this Management Section, Air Planning and interested in commenting on this proposed rule. EPA will not institute a Implementation Branch, Air, Pesticides document should do so at this time. second comment period on this and Toxics Management Division, U.S. DATES: Written comments must be document. Any parties interested in Environmental Protection Agency, received on or before September 10, commenting on this document should Region 4, 61 Forsyth Street SW., 2015. do so at this time. Atlanta, Georgia 30303–8960. Such

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deliveries are only accepted during the Atlanta, Georgia 30303–8960. EPA Review of new sources in or impacting Regional Office’s normal hours of requests that if at all possible, you nonattainment areas, and preliminarily operation. The Regional Office’s official contact the person listed in the FOR concluded that these changes are hours of business are Monday through FURTHER INFORMATION CONTACT section to consistent with the applicable CAA Friday, 8:30 a.m. to 4:30 p.m., excluding schedule your inspection. The Regional provisions and EPA’s NNSR permitting Federal holidays. Office’s official hours of business are regulations at 40 CFR 51.165. Instructions: Direct your comments to Monday through Friday, 8:30 a.m. to Specifically, the changes to Section 5, Docket ID No. EPA–R04–OAR–2015– 4:30 p.m., excluding Federal holidays. paragraph (6)(b) of 401 KAR 51:052 0384. EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT: Zuri authorizing new or modified sources to received will be included in the public Farngalo of the Air Regulatory offset emission increases with emission docket without change and may be Management Section, in the Air reductions generated by source made available online at Planning and Implementation Branch, shutdowns or curtailments occurring www.regulations.gov, including any Air, Pesticides and Toxics Management before the filing of a permit application personal information provided, unless Division, U.S. Environmental Protection for a new project are consistent with 40 the comment includes information Agency, Region 4, 61 Forsyth Street CFR 51.165(a)(3)(ii)(C)(1). Likewise, the claimed to be Confidential Business SW., Atlanta, Georgia 30303–8960. Mr. new regulatory language in Section 5, Information (CBI) or other information Farngalo may be reached by phone at paragraph (6)(b) of 401 KAR 51:052 whose disclosure is restricted by statute. (404) 562–9152 or via electronic mail at describing how to calculate emission Do not submit through [email protected]. offsets generated from source www.regulations.gov or email, SUPPLEMENTARY INFORMATION: shutdowns or permanent curtailments information that you consider to be CBI also is consistent with 40 CFR or otherwise protected. The I. Background 51.165(a)(3)(ii)(C)(1). The change to www.regulations.gov Web site is an Section 4, paragraph (3)(a) of 401 KAR ‘‘anonymous access’’ system, which On September 23, 2011, KY DAQ submitted a SIP revision to EPA for 51:052 specifying that increases in means EPA will not know your identity emissions shall be offset by reductions or contact information unless you approval that makes several changes to Kentucky’s regulations at 401 Kentucky in emissions using a ratio of emission provide it in the body of your comment. decreases to emission increases of at If you send an email comment directly Administrative Regulations (KAR) 51:052, Review of new sources in or least 1:1 is required by 40 CFR to EPA without going through 51.165(a)(9)(i). Finally, the changes to www.regulations.gov, your email impacting nonattainment areas. These regulations establish air quality the introductory paragraph to 401 KAR address will be automatically captured 51:052 and Section 5 paragraph (3)(e) and included as part of the comment permitting requirements for the construction or modification of major simply update and clarify these that is placed in the public docket and provisions and do not affect the made available on the Internet. If you stationary sources located within, or impacting upon, areas designated consistency of these provisions with submit an electronic comment, EPA federal law. EPA has preliminarily recommends that you include your nonattainment for any primary national ambient air quality standard. To ensure determined that these changes are name and other contact information in approvable pursuant to CAA section 110 the body of your comment and with any improvement of air quality in those areas, the emissions resulting from and EPA’s NNSR permitting regulations disk or CD–ROM you submit. If EPA at 40 CFR 51.165. cannot read your comment due to construction or modification of a major technical difficulties and cannot contact stationary source must be offset with II. Incorporation by Reference you for clarification, EPA may not be compensating emission reductions. able to consider your comment. Kentucky’s requested SIP revision In this rule, EPA is proposing to Electronic files should avoid the use of would revise 401 KAR 51:052 by: (1) include in a final EPA rule regulatory special characters, any form of Changing Section 5, paragraph (6)(b) to text that includes incorporation by encryption, and be free of any defects or authorize new or modified sources to reference. In accordance with viruses. For additional information offset their emission increases with requirements of 1 CFR 51.5, EPA is about EPA’s public docket visit the EPA emission reductions achieved by proposing to incorporate by reference Docket Center homepage at http:// shutting down an existing unit or Kentucky Rule 401 KAR 51:052, Review www.epa.gov/epahome/dockets.htm. curtailing production or operating hours of new sources in or impacting Docket: All documents in the prior to the new source application date nonattainment areas. EPA has made, electronic docket are listed in the (if specified conditions are met), (2) and will continue to make, these www.regulations.gov index. Although adding new and more comprehensive documents generally available listed in the index, some information language to Section 5, paragraph (6)(b) electronically through may not be publicly available, i.e., CBI describing how to calculate offsetting www.regulations.gov and/or in hard or other information whose disclosure is emission reductions obtained from a copy at the appropriate EPA office (see restricted by statute. Certain other source shutdown or curtailment (3) the ADDRESSES section of this preamble material, such as copyrighted material, amending Section 4, paragraph (3)(a) to for more information). is not placed on the Internet and will be establish an offset ratio of at least 1:1 for III. Proposed Action publicly available only in hard copy pollutants other than volatile organic form. Publicly available docket compounds (VOCs) and nitrogen oxides EPA is proposing to approve the materials are available either (NOx), and (4) making changes to the Commonwealth of Kentucky’s electronically in www.regulations.gov or introductory paragraph to 401 KAR September 23, 2011, SIP revision. EPA in hard copy at the Air Regulatory 51:052 and Section 5, paragraph (3)(e) has preliminarily determined that the Management Section, Air Planning and that update and clarify these provisions. changes to Kentucky’s Rule 401 KAR Implementation Branch, Air, Pesticides 51:052, Review of new sources in or and Toxics Management Division, U.S. II. Analysis of Kentucky’s Submittal impacting nonattainment areas, are Environmental Protection Agency, EPA has reviewed Kentucky’s approvable because they are consistent Region 4, 61 Forsyth Street SW., requested changes to 401 KAR 51:052, with CAA section 110 and EPA’s

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regulations regarding NNSR permitting implications as specified by Executive ADDRESSES: You may submit comments, at 40 CFR 51.165. Order 13175 (65 FR 67249, November 9, information, or data on this document, 2000), nor will it impose substantial identified by the code NOAA–NMFS– IV. Statutory and Executive Order direct costs on tribal governments or 2015–0103, by either any of the Reviews preempt tribal law. following methods: Under the CAA, the Administrator is • Electronic Submissions: Submit all List of Subjects in 40 CFR Part 52 required to approve a SIP submission electronic public comments via the that complies with the provisions of the Environmental protection, Air Federal eRulemaking Portal. Go to Act and applicable Federal regulations. pollution control, Incorporation by www.regulations.gov/ See 42 U.S.C. 7410(k); 40 CFR 52.02(a). reference, Intergovernmental relations, #!docketDetail;D=NOAA-NMFS-2015- Thus, in reviewing SIP submissions, Nitrogen dioxide, Ozone, Particulate 0103. Click the ‘‘Comment Now’’ icon, EPA’s role is to approve state choices, matter, Reporting and recordkeeping complete the required fields, and enter provided that they meet the criteria of requirements and Volatile organic or attach your comments. the CAA. Accordingly, this proposed compounds. • Mail: Submit written comments to action merely approves state law as Authority: 42 U.S.C. 7401 et seq. Maggie Miller, NMFS Office of meeting Federal requirements and does Dated: July 30, 2015. Protected Resources (F/PR3), 1315 East not impose additional requirements West Highway, Silver Spring, MD Heather McTeer Toney, beyond those imposed by state law. For 20910, USA. that reason, this proposed action: Regional Administrator, Region 4. Instructions: Comments sent by any • Is not a significant regulatory action [FR Doc. 2015–19723 Filed 8–10–15; 8:45 am] other method, to any other address or subject to review by the Office of BILLING CODE 6560–50–P individual, or received after the end of Management and Budget under the comment period, may not be Executive Orders 12866 (58 FR 51735, considered by NMFS. All comments October 4, 1993) and 13563 (76 FR 3821, DEPARTMENT OF COMMERCE received are a part of the public record January 21, 2011) and will generally be posted for public • does not impose an information National Oceanic and Atmospheric viewing on www.regulations.gov Administration collection burden under the provisions without change. All personal identifying of the Paperwork Reduction Act (44 information (e.g., name, address, etc.), 50 CFR Parts 223 and 224 U.S.C. 3501 et seq.); confidential business information, or • is certified as not having a [Docket No. 150506425–5425–01] otherwise sensitive information significant economic impact on a RIN 0648–XD941 submitted voluntarily by the sender will substantial number of small entities be publicly accessible. NMFS will under the Regulatory Flexibility Act (5 Endangered and Threatened Wildlife; accept anonymous comments (enter ‘‘N/ U.S.C. 601 et seq.); 90-Day Finding on a Petition To List A’’ in the required fields if you wish to • does not contain any unfunded the Smooth Hammerhead Shark as remain anonymous). mandate or significantly or uniquely Threatened or Endangered Under the Copies of the petition and related affect small governments, as described Endangered Species Act materials are available on our Web site in the Unfunded Mandates Reform Act at http://www.fisheries.noaa.gov/pr/ of 1995 (Pub. L. 104–4); AGENCY: National Marine Fisheries species/fish/smooth-hammerhead- • does not have Federalism Service (NMFS), National Oceanic and shark.html. implications as specified in Executive Atmospheric Administration (NOAA), Order 13132 (64 FR 43255, August 10, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Maggie Miller, Office of Protected 1999); ACTION: 90-day petition finding, request Resources, 301–427–8403. • is not an economically significant for information. regulatory action based on health or SUPPLEMENTARY INFORMATION: SUMMARY: We, NMFS, announce a 90- safety risks subject to Executive Order Background 13045 (62 FR 19885, April 23, 1997); day finding on a petition to list the • is not a significant regulatory action smooth hammerhead shark (Sphyrna On April 27, 2015, we received a subject to Executive Order 13211 (66 FR zygaena) range-wide or, in the petition from Defenders of Wildlife to 28355, May 22, 2001); alternative, any identified distinct list the smooth hammerhead shark • is not subject to requirements of population segments (DPSs), as (Sphyrna zygaena) as threatened or Section 12(d) of the National threatened or endangered under the endangered under the ESA throughout Technology Transfer and Advancement Endangered Species Act (ESA), and to its entire range, or, as an alternative, to Act of 1995 (15 U.S.C. 272 note) because designate critical habitat concurrently list any identified DPSs as threatened or application of those requirements would with the listing. We find that the endangered. To this end, the petitioners be inconsistent with the CAA; and petition and information in our files identified five populations that they • does not provide EPA with the present substantial scientific or indicate qualify for protection as DPSs: discretionary authority to address, as commercial information indicating that Northeast Atlantic and Mediterranean appropriate, disproportionate human the petitioned action may be warranted. Sea, Northwest Atlantic, Southwest health or environmental effects, using We will conduct a status review of the Atlantic, Eastern Pacific, and Indo-West practicable and legally permissible species to determine if the petitioned Pacific. The petition also requests that methods, under Executive Order 12898 action is warranted. To ensure that the critical habitat be designated for the (59 FR 7629, February 16, 1994). status review is comprehensive, we are smooth hammerhead shark under the The SIP is not approved to apply on soliciting scientific and commercial ESA. In the case that the species does any Indian reservation land or in any information pertaining to this species not warrant listing under the ESA, the other area where EPA or an Indian tribe from any interested party. petition requests that the species be has demonstrated that a tribe has DATES: Information and comments on listed based on its similarity of jurisdiction. In those areas of Indian the subject action must be received by appearance to the listed DPSs of the country, the rule does not have tribal October 13, 2015. scalloped hammerhead shark (Sphyrna

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lewini). Copies of the petition are recreational, scientific, or educational negates a positive 90-day finding if a available upon request (see ADDRESSES). purposes; disease or predation; reasonable person would conclude that inadequacy of existing regulatory the unknown information itself suggests ESA Statutory, Regulatory, and Policy mechanisms; and any other natural or an extinction risk of concern for the Provisions and Evaluation Framework manmade factors affecting the species’ species at issue. Section 4(b)(3)(A) of the ESA of 1973, existence (16 U.S.C. 1533(a)(1), 50 CFR To make a 90-day finding on a as amended (16 U.S.C. 1531 et seq.), 424.11(c)). petition to list a species, we evaluate requires, to the maximum extent ESA-implementing regulations issued whether the petition presents practicable, that within 90 days of jointly by NMFS and USFWS (50 CFR substantial scientific or commercial receipt of a petition to list a species as 424.14(b)) define ‘‘substantial information indicating the subject threatened or endangered, the Secretary information’’ in the context of reviewing species may be either threatened or of Commerce make a finding on whether a petition to list, delist, or reclassify a endangered, as defined by the ESA. that petition presents substantial species as the amount of information First, we evaluate whether the scientific or commercial information that would lead a reasonable person to information presented in the petition, indicating that the petitioned action believe that the measure proposed in the along with the information readily may be warranted, and to promptly petition may be warranted. In evaluating available in our files, indicates that the publish such finding in the Federal whether substantial information is petitioned entity constitutes a ‘‘species’’ Register (16 U.S.C. 1533(b)(3)(A)). When contained in a petition, the Secretary eligible for listing under the ESA. Next, it is found that substantial scientific or must consider whether the petition: (1) we evaluate whether the information commercial information in a petition Clearly indicates the administrative indicates that the species faces an indicates the petitioned action may be measure recommended and gives the extinction risk that is cause for concern; warranted (a ‘‘positive 90-day finding’’), scientific and any common name of the this may be indicated in information we are required to promptly commence species involved; (2) contains detailed expressly discussing the species’ status a review of the status of the species narrative justification for the and trends, or in information describing concerned during which we will recommended measure, describing, impacts and threats to the species. We conduct a comprehensive review of the based on available information, past and evaluate any information on specific best available scientific and commercial present numbers and distribution of the demographic factors pertinent to information. In such cases, we conclude species involved and any threats faced evaluating extinction risk for the species the review with a finding as to whether, by the species; (3) provides information (e.g., population abundance and trends, in fact, the petitioned action is regarding the status of the species over productivity, spatial structure, age warranted within 12 months of receipt all or a significant portion of its range; structure, sex ratio, diversity, current of the petition. Because the finding at and (4) is accompanied by the and historical range, habitat integrity or the 12-month stage is based on a more appropriate supporting documentation fragmentation), and the potential thorough review of the available in the form of bibliographic references, contribution of identified demographic information, as compared to the narrow reprints of pertinent publications, risks to extinction risk for the species. scope of review at the 90-day stage, a copies of reports or letters from We then evaluate the potential links ‘‘may be warranted’’ finding does not authorities, and maps (50 CFR between these demographic risks and prejudge the outcome of the status 424.14(b)(2)). the causative impacts and threats review. At the 90-day finding stage, we identified in section 4(a)(1). Under the ESA, a listing evaluate the petitioners’ request based Information presented on impacts or determination may address a species, upon the information in the petition threats should be specific to the species which is defined to also include including its references and the and should reasonably suggest that one subspecies and, for any vertebrate information readily available in our or more of these factors may be species, any DPS that interbreeds when files. We do not conduct additional operative threats that act or have acted mature (16 U.S.C. 1532(16)). A joint research, and we do not solicit on the species to the point that it may NMFS–U.S. Fish and Wildlife Service information from parties outside the warrant protection under the ESA. (USFWS) (jointly, ‘‘the Services’’) policy agency to help us in evaluating the Broad statements about generalized clarifies the agencies’ interpretation of petition. We will accept the petitioners’ threats to the species, or identification the phrase ‘‘distinct population sources and characterizations of the of factors that could negatively impact segment’’ for the purposes of listing, information presented if they appear to a species, do not constitute substantial delisting, and reclassifying a species be based on accepted scientific information indicating that listing may under the ESA (61 FR 4722; February 7, principles, unless we have specific be warranted. We look for information 1996). A species, subspecies, or DPS is information in our files that indicates indicating that not only is the particular ‘‘endangered’’ if it is in danger of the petition’s information is incorrect, species exposed to a factor, but that the extinction throughout all or a significant unreliable, obsolete, or otherwise species may be responding in a negative portion of its range, and ‘‘threatened’’ if irrelevant to the requested action. fashion; then we assess the potential it is likely to become endangered within Information that is susceptible to more significance of that negative response. the foreseeable future throughout all or than one interpretation or that is Many petitions identify risk a significant portion of its range (ESA contradicted by other available classifications made by sections 3(6) and 3(20), respectively, 16 information will not be dismissed at the nongovernmental organizations, such as U.S.C. 1532(6) and (20)). Pursuant to the 90-day finding stage, so long as it is the International Union on the ESA and our implementing regulations, reliable and a reasonable person would Conservation of Nature (IUCN), the we determine whether species are conclude it supports the petitioners’ American Fisheries Society, or threatened or endangered based on any assertions. In other words, conclusive NatureServe, as evidence of extinction one or a combination of the following information indicating the species may risk for a species. Risk classifications by five section 4(a)(1) factors: The present meet the ESA’s requirements for listing other organizations or made under other or threatened destruction, modification, is not required to make a positive 90- Federal or state statutes may be or curtailment of habitat or range; day finding. We will not conclude that informative, but such classification overutilization for commercial, a lack of specific information alone alone may not provide the rationale for

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a positive 90-day finding under the The smooth hammerhead shark gets recreational, scientific, or educational ESA. For example, as explained by its common name from its large, purposes; (C) disease or predation; (D) NatureServe, their assessments of a laterally expanded head that resembles inadequacy of existing regulatory species’ conservation status do ‘‘not a hammer (Bester, n.d.). The unique mechanisms; and (E) other natural or constitute a recommendation by head shape allows for easy distinction manmade factors affecting its continued NatureServe for listing under the U.S. of hammerheads of the Sphyrnidae existence. Endangered Species Act’’ because family from other types of sharks. The In the following sections, we evaluate NatureServe assessments ‘‘have smooth hammerhead is characterized by the information provided in the petition different criteria, evidence a ventrally located and strongly arched and readily available in our files to requirements, purposes and taxonomic mouth with smooth or slightly serrated determine if the petition presents coverage than government lists of teeth (Compagno, 1984). The body of the substantial scientific or commercial endangered and threatened species, and shark is fusiform with a moderately information indicating that an therefore these two types of lists should hooked first dorsal fin and a lower endangered or threatened listing may be not be expected to coincide’’ http:// second dorsal fin, and its color ranges warranted as a result of any of these www.natureserve.org/prodServices/pdf/ from a dark olive to greyish-brown that ESA factors. Because we were requested NatureServeStatusAssessmentsListing- fades into a white underside (Bester, to list a global population and, Dec%202008.pdf. Additionally, species n.d.). alternatively, DPSs, we will first classifications under IUCN and the ESA The general life history characteristics determine if the petition presents are not equivalent; data standards, of the smooth hammerhead shark are substantial information that the criteria used to evaluate species, and that of a long-lived, slow-growing, and petitioned action is warranted for the treatment of uncertainty are also not late maturing species (Compagno, 1984; global population. If it does, then we necessarily the same. Thus, when a Casper et al., 2005). The smooth will make a positive finding on the petition cites such classifications, we hammerhead can reach a maximum petition and conduct a review of the will evaluate the source of information length of 16 feet (5 m) and a maximum species range-wide. If after this review that the classification is based upon in weight of 880 pounds (400 kilograms we find that the species does not light of the standards on extinction risk (kg)) (Bester, n.d.). Females are warrant listing range-wide, then we will and impacts or threats discussed above. considered sexually mature at the age of consider whether the populations 9, which correlates to size at sexual requested by the petitioners qualify as Distribution and Life History of the maturity of 8.7 feet (2.65 m) DPSs and warrant listing. If the petition Smooth Hammerhead Shark (Convention on International Trade in does not present substantial information Endangered Species of Wild Fauna and that the global population may warrant The smooth hammerhead shark is a Flora (CITES), 2013). Males are listing, and it has requested that we list circumglobal species found in temperate considered sexually mature slightly any populations of the species as to warm waters (Compagno, 1984). It earlier in life than females, and at sizes threatened or endangered, then we will occurs close inshore and in shallow from 8.2–8.7 feet (2.10–2.65 m.) (CITES, consider whether the petition provides waters, over continental shelves, in 2013). The smooth hammerhead shark is substantial information that the estuaries and bays, and around coral viviparous (i.e., give birth to live requested population(s) may qualify as reefs, but it has also been observed young), with a gestation period of 10– DPSs under the discreteness and offshore at depths as great as 65–650 11 months, and likely breeds every significance criteria of our joint DPS feet (20–200 meters (m)) deep other year (ICCAT, 2012; Bester, n.d.). Policy, and if listing any of those DPSs (Compagno, 1984; Bester, n.d.). Smooth Litter sizes range from 20 to 40 live may be warranted. Below, we hammerheads are highly mobile and, pups with a mean litter size of 33.5 summarize the information presented in within the Sphyrnidae family, are the pups. Average length at birth is the petition and in our files on the most tolerant of temperate waters estimated to be 50 cm (Bester, n.d.). status of the species and the ESA (Compagno, 1984). In the western The smooth hammerhead shark is a section 4(a)(1) factors that may be Atlantic Ocean, the range of the smooth high trophic level predator (Corte´s, affecting the species’ risk of global hammerhead shark extends from Nova 1999) and opportunistic feeder that extinction and determine whether a Scotia to Florida and into the Caribbean consumes a variety of teleosts, small reasonable person would conclude that Sea, and in the south from southern sharks, skates and stingrays, an endangered or threatened listing may Brazil to southern Argentina crustaceans, and cephalopods be warranted as a result of any of these (Compagno, 1984; Bester, n.d). In the (Compagno, 1984). The species has also factors. eastern Atlantic Ocean, smooth been observed scavenging from nets and hammerhead sharks can be found from hooks. Smooth Hammerhead Shark Status and the British Isles to Guinea and farther Trends south through parts of equatorial West Analysis of Petition and Information The petition does not provide an Africa. They are also found throughout Readily Available in NMFS Files estimate of global population abundance the Mediterranean Sea (Compagno, The petition contains information on or trends for the smooth hammerhead 1984; Bester, n.d). In the Indian Ocean, the species, including the taxonomy, shark. The petition refers to the IUCN the shark occurs from South Africa, species description, geographic Redlist status assessment (Casper et al., along the southern coast of India and Sri distribution, habitat, population status 2005) and its classification of the Lanka, to the coasts of Australia. and trends, and factors contributing to smooth hammerhead as globally Distribution in the Pacific extends from the species’ decline. According to the ‘‘vulnerable.’’ The IUCN assessment Vietnam to Japan and includes Australia petition, all five causal factors in section cites overutilization by global fisheries and New Zealand in the west, the 4(a)(1) of the ESA are adversely affecting as the main threat to the species, with Hawaiian Islands in the central Pacific, the continued existence of the smooth smooth hammerheads both targeted and and extends from Northern California to hammerhead shark: (A) The present or caught as bycatch and kept for their fins. the Nayarit state of Mexico, and from threatened destruction, modification, or The petition provides evidence of Panama to southern Chile in the eastern curtailment of its habitat or range; (B) population declines in a number of Pacific (Compagno, 1984; Bester, n.d). overutilization for commercial, regions throughout the smooth

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hammerhead’s range that would respect to population size and trends, may be contributing significantly to indicate that smooth hammerhead we find the information presented in the population declines in smooth sharks may be experiencing declines on petition and readily available in our hammerhead sharks to the point where a global scale. For example, a stock files to be substantial information on the species may be at risk of extinction. assessment of smooth hammerhead smooth hammerhead shark abundance, As such, we conclude that the sharks in the Northwest Atlantic region, trends, and status. information presented in the petition on threats to the habitat of the smooth conducted by Hayes (2007), estimated a Analysis of ESA Section 4(a)(1) Factors 91 percent decline of the population hammerhead shark does not provide between 1981 and 2005. Similarly, The Present or Threatened Destruction, substantial information indicating that another study (Myers et al., 2007) used Modification, or Curtailment of Its listing may be warranted for the species. Habitat or Range standardized catch per unit effort Overutilization for Commercial, (CPUE) data from shark-targeted, The petition contends that smooth Recreational, Scientific, or Educational fishery-independent surveys off the east hammerhead sharks are at risk of Purposes coast of the United States and found a extinction throughout their range due to Information from the petition and in 99 percent decline of smooth pollutants, especially those that are able our files suggests that the primary threat hammerhead sharks from 1972–2003. to bioaccumulate and biomagnify to to the smooth hammerhead shark is Myers et al. (2007) remarks that the high concentrations at high trophic from overutilization by fisheries. trends in abundance may be indicative levels. Of particular concern to the Smooth hammerhead sharks are both of coast-wide population declines petitioners are high mercury and targeted and taken as bycatch in many because the survey was situated ‘‘where polychlorinated biphenyl (PCB) global fisheries. Smooth hammerhead it intercepts sharks on their seasonal concentrations in smooth hammerhead sharks face fishing pressure from migrations.’’ In the southwest Atlantic, shark tissues. International agencies, commercial, artisanal, and recreational Brazilian commercial fisheries report an such as the Food and Drug fisheries that use a variety of gear types 80 percent decline in CPUE of the Administration and the World Health to harvest these sharks: Pelagic and hammerhead complex (including Organization, have set a recommended bottom longlines, handlines, gillnets, smooth hammerhead sharks) from 2000 maximum of 1 mg/g concentration of purse seines, and pelagic and bottom to 2008, suggesting a significant decline mercury in seafood tissues (Garcı´a- trawls (Camhi et al., 2007). Smooth in abundance of hammerhead sharks Herna´ndez et al., 2007) for human hammerhead sharks are mostly targeted from this area (FAO, 2010). The State of consumption. Storelli et al. (2003) for their large, high-quality fins for use Rio Grande do Sul, Brazil, experienced tested tissue samples from four smooth in shark fin soup, which are then a 65 percent decrease in CPUE from hammerhead sharks from the transported to Asian markets where they 2000–2002, specifically of smooth Mediterranean Sea and found that, on fetch a high market price ($88/kg in hammerhead sharks (CITES, 2013). In average, tissue samples from the liver 2003) (Abercrombie et al., 2005). In the the Mediterranean Sea, estimated and muscle had concentrations of Hong Kong fin market, which is the declines of the Sphyrna complex (with mercury that greatly exceeded largest fin market in the world, S. S. zygaena comprising the main species) recommended limits (mean mercury zygaena and S. lewini are mainly traded exceeded 99 percent over the last concentration in muscle samples: 12.15 under a combined market category ± century, with hammerhead sharks 4.60 mg/g, mean mercury called Chun chi (Abercrombie et al., ± considered to be functionally extinct in concentration in liver samples: 35.89 2005; NMFS, 2014a). Based on data the region (Feretti et al., 2008). In the 3.58 mg/g). Additionally, these from 2000–2002, Chun chi is the second Indian Ocean, tagging surveys specimens showed high concentrations most traded category, comprising conducted off the eastern coast of South of more chlorinated (hexa- and hepta- around 4–5 percent of the total fins Africa over the course of 25 years chlorinated) PCBs. Similarly, Garcı´a- traded in the Hong Kong market suggest smooth hammerhead abundance Herna´ndez et al. (2007) found high annually (Clarke et al., 2006; Camhi et has declined, after reaching a peak in concentrations of mercury in tissues of al., 2007). This percentage of fins 1987 (n = 468, 34.9 percent of the total four smooth hammerhead sharks from correlates to an estimated 1.3–2.7 smooth hammerheads tagged over the the Gulf of California, Mexico (mean million individuals of scalloped and course of the study; Diemer et al., 2007). mercury concentration in muscle tissue: smooth hammerhead sharks (equivalent However, catches of smooth 8.25 ± 9.05 mg/g). Escobar-Sa´nchez to a biomass of 49,000–90,000 tons) hammerhead sharks in beach protective (2010) also studied mercury traded in the Hong Kong market nets set off the KwaZulu-Natal beaches concentrations in the muscle tissues of annually. Given their relatively high in South Africa were highly variable smooth hammerhead sharks from the price and popularity in the Hong Kong from 1978–2003, with no clear trend Mexican Pacific, but out of 37 studied market, there is concern that many that could indicate the status of the sharks, only one shark had a mercury smooth hammerhead sharks caught as population (Dudley and Simpfendorfer, concentration that exceeded the incidental catch may be kept for the fin 2006). In the Eastern Pacific, incidental recommended limits. As stated trade as opposed to released alive; catches of smooth hammerhead sharks previously, we look for information in however, as noted in the Great by tuna purse-seine vessels have the petition and in our files to indicate Hammerhead 12-month finding (79 FR exhibited a declining trend, from a peak that not only is the particular species 33509; June 11, 2014), there has also of 1,205 sharks caught in 2004 to 436 exposed to a factor, but that the species been a recent global push to decrease individuals in 2011 (a decrease of may be responding in a negative the demand of shark fins, especially for around 64 percent) (CITES, 2013). Based fashion. Despite providing evidence that shark fin soup. on the available information from these smooth hammerhead sharks accumulate In the northwestern Atlantic, smooth regions, we find evidence suggesting pollutants in their tissues, the hammerhead sharks are mainly caught that the population abundance of petitioners fail to provide evidence that as bycatch in the U.S. commercial smooth hammerhead sharks has these concentrations of mercury and longline and net fisheries and by U.S. declined significantly and may still be PCBs are causing detrimental recreational fishermen using rod and in decline. While data are limited with physiological effects to the species or reel, albeit rarely (NMFS, 2014b). This

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is likely a reflection of the low effort. Industrial deep fishing with that were caught as bycatch from the abundance of the species. Between 1981 bottom gillnets off the coast of Brazil is swordfish fishery in the Mediterranean and 2005, Hayes (2007) estimated that a threat to recruiting coastal in July of 2001. These two studies the Northwest Atlantic population of hammerheads, especially during their suggest that numbers of smooth smooth hammerhead shark suffered a 91 mating and birthing seasons (CITES, hammerhead shark in the percent decline in size. As of 2005, the 2013). Data from a bottom gillnet fishery Mediterranean region may be slowly population was estimated to be at 19– targeting hammerheads off the coast of recovering (Sperone et al., 2012), 24 percent of the biomass that would Brazil noted an 80 percent decline in although further study is needed. produce maximum sustainable yield CPUE of the hammerhead complex from In the waters off of northwestern (MSY), as defined by the Magnuson- 2000–2008 (FAO, 2010). The targeted Africa, hammerhead sharks are retained Stevens Fishery Conservation and hammerhead fishery was abandoned primarily as bycatch from the industrial Management Act, and that the after 2008 when the species became too fisheries and catch from the artisanal population was being fished at 150 rare to make the fishery economically fisheries operating within this region. percent of fishing mortality associated viable. In the Rio Grande do Sul State Historically, Spanish swordfish gillnet with MSY. Under 2005 catch levels, of Brazil, a 65 percent decrease in CPUE and longline fisheries and European Hayes (2007) estimated that there was a of smooth hammerhead sharks from the industrial trawl fisheries caught 64 percent likelihood of smooth industrial fisheries was noted from significant amounts of hammerheads hammerhead shark recovery within 30 2000–2002, decreasing from 0.37 tons (Buencuerpo et al., 1998; Zeeberg et al., years. It is important to note that the per trip to 0.13 tons per trip (CITES, 2006). For example, from 1991–1992 a term ‘‘recovery’’ as used by Hayes 2013). The various fishing operations in total of 675 hammerheads (the authors (2007) is defined under the Magnuson- this region concentrate effort in areas refer to them as scalloped hammerheads Stevens Fishery Conservation and where all life stages of hammerhead but give the scientific name of S. Management Act and is based on sharks occur. For example, the artisanal zygaena) were landed as incidental different criteria than threatened or net and industrial trawl fishing within catch in the Spanish swordfish fishery, endangered statuses under the ESA. As inshore areas and on the continental with juveniles comprising the majority such, it does not necessarily indicate shelf place neonates and juveniles at of the catch (94 percent of males and 96 that a species may warrant listing under risk of fishery-related mortality, and the percent of females) (Buencuerpo et al., the ESA because it does not necessarily industrial gillnet and longline fisheries 1998). In a study of European trawl have any relationship to a species’ operating on the outer continental shelf fisheries off the coast of Mauritania, 42 extinction risk. Overutilization under and adjacent ocean waters place adults percent of the megafauna bycatch (the the ESA means that a species has been at risk (CITES, 2013). With this heavy largest category) were hammerhead or is being harvested at levels that pose fishing effort affecting all life stages, sharks and 75 percent of the a risk of extinction, not just at levels there may be observed declines in the hammerhead sharks were juveniles over MSY. However, we agree that the population. (Zeeberg et al., 2006). The study significant decline estimated for the estimated that over 1,000 hammerheads In the Mediterranean Sea, it is thought are removed annually, a number population combined with the species’ that smooth hammerheads may have biological susceptibility to current considered to be unsustainable for the been fished to functional extinction region. Additionally, according to a fisheries and high at-vessel mortality (Feretti et al., 2008). In the early 20th review of shark fishing in the Sub rates (see Other natural or manmade century, coastal fisheries would target Regional Fisheries Commission member factors affecting its continued existence large sharks and also land them as countries (Cape-Verde, Gambia, Guinea, section) may be of concern as it relates incidental bycatch in gill nets, fish Guinea-Bissau, Mauritania, Senegal, and to the extinction risk of the species. In traps, and tuna traps (Feretti et al., Sierra Leone), Diop and Dossa (2011) addition, we note that, as pointed out in 2008). Feretti et al. (2008) hypothesized state that shark fishing is an important the NMFS Great Hammerhead Shark that certain species, including S. component of the artisanal fishery. Status Review (Miller et al., 2014), zygaena, found refuge in offshore Before 1989, artisanal catch of sharks Hayes (2007) (cited as Hayes 2008 in the pelagic waters from this intense coastal was less than 4,000 mt. However, from status review) identified many fishing. However, with the expansion of 1990 to 2005, shark catch increased uncertainties in the data and catch the tuna and swordfish longline and dramatically from 5,000 mt to over estimates from his stock assessment drift net fisheries into pelagic waters in 26,000 mt, as did the level of fishing model that may have affected the 1970s, these offshore areas no longer effort (Diop and Dossa, 2011). However, population decline estimates and served as protection from fisheries, and from 2005 to 2008, shark landings should be taken into consideration. We sharks again became regular bycatch. dropped by more than 50 percent, to will evaluate these uncertainties and the Consequently, the hammerhead shark 12,000 mt (Diop and Dossa, 2011). As adequacy of existing regulatory abundance in the Mediterranean Sea noted in the Scalloped Hammerhead measures in preventing further declines (primarily S. zygaena) is estimated to Final Listing Rule (79 FR 38213; July 3, in the species during the status review have declined by more than 99 percent 2014), regulations in Europe appear to phase. over the past 107 years, with be moving towards the sustainable use In the southwestern Atlantic, hammerheads considered to be and conservation of shark species; industrial landings of the hammerhead functionally extinct in the region. however, there is still concern regarding complex (mainly S. lewini and S. Recently, Sperone et al. (2012) provided the level of exploitation of hammerhead zygaena) off the coast of Santa Catarina, evidence of the contemporary sharks off the west coast of Africa, and Brazil increased from 6.7 tons in 1989 occurrence of the smooth hammerhead the threat warrants further exploration. to a peak of 570 tons in 1994, due to fast shark in Mediterranean waters, In the eastern Pacific Ocean, smooth development of industrial net fishing recording seven individuals from 2000– hammerhead sharks are both targeted during this time (CITES, 2013). 2009 near the Calabria region of Italy. and taken as bycatch in industrial and However, catches of hammerheads from Additionally, the aforementioned artisanal fisheries (Casper et al., 2005). the industrial net fishery fell to 44 tons toxicology study, Storelli et al. (2003), In Mexico, sharks, in general, are an in 2008, despite continued fishing used four smooth hammerhead sharks important component of the artisanal

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fishery (INP, 2006). They are targeted for Throughout the majority of the Indian review is necessary to determine if this both their fins, which are harvested by Ocean and western Pacific, fisheries level of fishery-related mortality is a fishermen for export, and for their shark data in the petition and available in our threat to the smooth hammerhead shark. meat, which is becoming increasingly files are lacking, but shark finning and Given the evidence of historical important for domestic consumption. In illegal, unregulated and unreported exploitation of the species and the Gulf of Tehuantepec, smooth (IUU) fishing were identified by the subsequent population declines, and the hammerhead sharks are the seventh petitioners as threats contributing to the fact that fishing pressure from industrial most important shark species (out of 21 overutilization of the species in these and artisanal fisheries may still be high identified species) caught in the areas. The smooth hammerhead shark is based on available fisheries data and the artisanal fishery (INP, 2006). In a survey caught in both artisanal and commercial of the targeted artisanal elasmobranch fisheries as directed catch and retained high value and contribution of smooth fishery off the coast of Sinaloa, Mexico, incidental bycatch (Casper et al., 2005). hammerhead fins to the international fin smooth hammerhead sharks accounted Pelagic fisheries from industrialized trade, we conclude that the information for 6.4 percent (n = 70) of total landings countries have been active in the region in the petition and in our files suggest in the more active winter season and 3 for over 50 years (Casper et al., 2005). that global fisheries are impacting percent (n = 120) of the total surveyed A recent review of fisheries in the smooth hammerhead shark populations catch from 1998–1999 (Bizzarro et al., Indian Ocean reports that sharks in the to a degree that raises concern that the 2009). Of concern is the fact that all area are fully or over-exploited (de species may be at risk of extinction. individuals landed during this survey Young, 2006), but due to the high levels Disease or Predation were juveniles. Similarly, a 1995–1996 of IUU fishing and lack of species- survey of the artisanal fishery off the specific catch reporting, it is difficult to The petition asserts that high Tres Marinas Islands of Mexico determine the rate of exploitation of concentrations of arsenic in smooth demonstrated that smooth hammerhead smooth hammerhead sharks. In Western hammerhead shark tissues should be sharks constituted 35 percent (n = 700) Australia, smooth hammerhead sharks considered a significant threat to of the total catch, and only 20 percent are retained as bycatch in the demersal smooth hammerhead shark populations of the females and 1 percent of the gillnet fishery, but it appears that the as it is a possible carcinogenic. The males were considered mature (Pe´rez- fishing pressure is too low to have petition refers to Storelli et al. (2003), Jime´nez et al., 2005). Given the species’ impacted populations in this region which found that smooth hammerhead low productivity, slow growth rate, and (Casper et al., 2005). Smooth sharks (n = 4) had a mean arsenic late maturity, this targeted removal of hammerheads are relatively common recruits from the population may cause concentration in muscle samples of around New Zealand’s North Island, 18.00 ± 8.57 mg/g and a mean arsenic or continue to cause declines in the where they are frequently caught as abundance of the species to the point concentration in liver samples of 44.22 bycatch in commercial gillnets and ± where it may be contributing to the 2.22 mg/g. The study cites that sharks trawls; however, these individuals are rarely have arsenic concentrations that species’ risk of extinction and is cause often discarded dead (Casper et al., exceed 10 mg/g, and so the arsenic levels for concern that warrants further review. 2005). Smooth hammerhead sharks are also in the sharks tissues should be taken as bycatch by the tuna purse-seine In the central Pacific, smooth considered ‘‘notably elevated’’ (Storelli fisheries operating in the Inter- hammerhead sharks are bycaught in the et al., 2003). The petitioners contend American Tropical Tuna Commission Hawaii-based fisheries, but comprise a that the smooth hammerhead sharks are convention area of the Eastern Pacific very small proportion of the bycatch. In at a higher risk for developing cancer fact, from 1995–2006, only 49 smooth region. Based on data from observers, due to these high levels of arsenic. hammerhead sharks and 38 unidentified smooth hammerhead sharks constituted However, as already stated, we look for hammerhead sharks were bycaught in around 1.7 percent of the total bycatch information in the petition and in our the Hawaiian longline fishery, from the tuna purse-seine fleet from files to indicate that not only is the amounting to less than 0.1 percent of all 2000–2001. Since the mid-1980s, the particular species exposed to a factor, tuna purse-seine fishery in the Pacific bycaught shark species in the fishery for that time period (Walsh et al., 2009). but that the species may be responding has been rapidly expanding (Williams in a negative fashion. Despite providing and Terawasi, 2011), and despite the According to the U.S. National Bycatch Report (NMFS, 2011; NMFS, 2013), the evidence that some smooth increase in fishery effort (or perhaps a hammerhead sharks have elevated consequence of this increased fishing Hawaii-based deep-set pelagic longline fishery (which targets swordfish) levels of arsenic in their tissues, the pressure), incidental catch of smooth petitioners fail to show that those hammerhead sharks has seen a decline, bycaught 3,173.91 pounds (1440 kg) of specific levels are causing detrimental from a peak of 1,205 individuals in 2004 smooth hammerhead in 2010, an physiological effects or may be to 436 individuals in 2011 (CITES, increase of around 29 percent from the contributing significantly to population 2013). amount reported in 2005 (2,453.74 In the west-coast based U.S. fisheries, pounds (1,113 kg)). However, for the declines in smooth hammerhead sharks hammerheads are primarily caught as Hawaii based shallow-set pelagic to the point where the species may be bycatch, and, based on observer data, longline fishery (which also targets at risk of extinction. Additionally, appear to be relatively rare in the swordfish), there were no reports of neither the petitioners nor the fisheries catch. For example, in the bycaught smooth hammerhead sharks in information in our files indicate that California/Oregon drift gillnet fishery, 2010, whereas in 2005, 930.35 pounds predation is a significant threat to this which targets swordfish and common (422 kg) of smooth hammerheads were apex species. As such, we conclude that thresher shark and operates off the U.S. recorded as bycatch. Additionally, in the information presented in the Pacific coast, observers recorded only 70 2011, an estimated 12 smooth petition on the threats of disease or bycaught smooth hammerheads and 2 hammerhead sharks (based on predation to the smooth hammerhead unidentified hammerheads in 8,698 sets extrapolated observer data) were taken shark does not provide substantial conducted over the past 25 years (from in the American Samoa longline fishery information indicating that listing may 1990–2015; WCR, 2015). (PIFSC, unpublished data). Further be warranted for the species.

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Inadequacy of Existing Regulatory minimal to no protection to the smooth utilization of the hammerhead shark Mechanisms hammerhead shark, and that complex, which includes smooth The petition asserts that the existing implementation of Amendment 5 to the hammerhead sharks. international, regional, and national HMS FMP does not cover smooth Additionally, although the petition regulations do not adequately protect hammerhead sharks. We find that the asserts that Amendment 5 did not cover the smooth hammerhead shark and have petitioners are incorrect in their the smooth hammerhead shark, it been insufficient in preventing assertion. acknowledges that an applicable population declines. Additionally, the Amendments, in general, are protection for smooth hammerhead petition asserts that most existing rulemakings that amend FMPs, and in sharks from Amendment 5a is the regulations are inadequate because they 2012, NMFS published a draft of minimum size catch requirement for Amendment 5 to the 2006 HMS FMP limit retention of the smooth recreational fishermen, which has been (77 FR 73029) that proposed measures hammerhead shark and argues that the set at 6.5 feet (198 cm). However, the designed to reduce fishing mortality and focus should be on limiting the catch of petition notes that this minimum size is effort in order to rebuild various smooth hammerhead sharks in order to below the size at maturity for smooth overfished Atlantic shark species while decrease fishery-related mortality, hammerhead sharks (estimated at 210– ensuring that a limited sustainable shark particularly given the species’ high post- 250 cm for males and 270 cm for fishery for certain species could be catch mortality rates. Among the females), and, as such, allows for the maintained. After considering all of the regulations that the petition cites as continued catch of immature smooth public comments on Draft Amendment inadequate are shark finning bans and hammerhead sharks. 5, NMFS split Amendment 5 into two shark finning regulations. Shark finning Finally, although not part of rulemakings: Amendment 5a (which Amendment 5a but still applicable to bans are currently one of the most addressed scalloped hammerhead, widely used forms of shark utilization the smooth hammerhead shark, we note sandbar, blacknose, and Gulf of Mexico that starting in 2011, U.S. fishermen regulations, and the petition notes that blacktip sharks) and Amendment 5b 21 countries, the European Union, and using pelagic longline (PLL) gear and (which addressed dusky sharks). operating in the Atlantic Ocean, 9 Regional Fisheries Management Amendment 5a was implemented in including the Caribbean Sea, and Organizations (RFMOs) have 2013 (78 FR 40318) and was a dealers buying from vessels that have implemented shark finning bans (CITES, rulemaking designed to maintain the PLL gear onboard, have been prohibited 2013). However, the petition contends rebuilding of sandbar sharks, end from retaining onboard, transshipping, that these shark finning bans are often overfishing and rebuild scalloped landing, storing, selling, or offering for ineffective as enforcement is difficult or hammerhead and Atlantic blacknose sale any part or whole carcass of lacking, implementation in RFMOs and sharks, establish total allowable catches international agreements is not always (TAC) and commercial quotas for Gulf hammerhead sharks of the family binding, and catches often go of Mexico blacknose and blacktip Sphyrnidae (except for S. tiburo) (76 FR unreported (CITES, 2013). The petition sharks, and establish new recreational 53652; August 29, 2011). This also states that shark finning regulations shark fishing management measures. prohibition provides an additional tend to have loopholes that can be Although Amendment 5a focuses benefit to the species by reducing the exploited to allow continued finning. specifically on the rebuilding of fishery-related mortality of this species Many shark finning regulations require scalloped hammerhead sharks, the within the Atlantic. that both the carcass and the fins be regulatory measures affect and likely While we find that the petitioners are landed, but not necessarily naturally benefit the entire hammerhead complex. incorrect in their assertion that the attached. Instead, the regulations For example, with the implementation inclusion of smooth hammerheads in impose a fin to carcass ratio weight, of Amendment 5a, commercial the LCS complex offers minimal to no which is usually 5 percent (Dulvy et al., hammerhead shark quotas (which protection to the smooth hammerhead 2008). This allows fishermen to include smooth, scalloped and great shark and the implementation of preferentially retain the carcasses of hammerheads) have been separated Amendment 5 (presumably Amendment valuable species and valuable fins from from the aggregated LCS management 5a) does not cover smooth hammerhead other species in order to maximize group quotas, with links between the sharks, we will evaluate the adequacy of profits (Abercrombie et al., 2005). In Atlantic hammerhead shark quota and these and the other existing regulations 2010, the United States passed the the Atlantic aggregated LCS quotas, and in relation to the threat of Shark Conservation Act, which except links between the Gulf of Mexico overutilization of the species during the for a limited exception regarding hammerhead shark quota and Gulf of status review. smooth dogfish, requires all sharks to be Mexico aggregated LCS quotas. In other In terms of other national measures, landed with their fins attached, words, if either the aggregated LCS or the petition provides a list of countries abolishing the fin to carcass ratio. hammerhead shark quota is reached, that have prohibited shark fishing in However, in other parts of the species’ then both the aggregated LCS and their respective waters, but notes that range, the inadequacy of existing hammerhead shark management groups many suffer from enforcement related finning bans may be contributing to will close. These quota linkages were issues, citing cases of illegal fishing and further declines in the species by implemented as an additional shark finning. The petition also allowing the wasteful practice of shark conservation benefit for the highlights enforceability issues finning at sea to continue. hammerhead shark complex due to the associated with international In the Atlantic United States, smooth concern of hammerhead shark bycatch agreements regarding smooth hammerhead sharks are managed as part and additional mortality from fishermen hammerhead shark utilization and of the Large Coastal Shark (LCS) targeting other sharks within the LCS trade. Based on the information complex group under the U.S. Highly complex. The separation of the presented in the petition as well as Migratory Species Fishery Management hammerhead species for quota information in our files, we find that Plan (HMS FMP). The petition asserts monitoring purposes from other sharks further evaluation of the adequacy of that the inclusion of smooth within the LCS management unit allows existing regulatory measures is needed hammerheads in the LCS complex offers for better management of the specific to determine whether this may be a

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threat contributing to the extinction risk numbers of juveniles from a population smooth hammerhead shark is of the species. can have significant effects on considered to be a candidate species (69 recruitment to the population and could Other Natural or Manmade Factors FR 19975; April 15, 2004). Within 12 lead to population declines and Affecting Its Continued Existence months of the receipt of the petition potentially extinction of a species. (April 27, 2016), we will make a finding The petition contends that ‘‘biological Given the observed declines in the as to whether listing the species (or any vulnerability’’ in the form of long species, this juvenile aggregating petitioned DPSs) as endangered or gestation periods, late maturity, large behavior and, consequently, increased threatened is warranted as required by size, relatively infrequent reproduction, susceptibility to being caught in large section 4(b)(3)(B) of the ESA. If listing and high post-catch mortality rates numbers, may be a threat that is the species (or any petitioned DPSs) or exacerbate the threat of overutilization contributing to the extinction risk of the a similarity of appearance listing is and increase the species’ susceptibility species. found to be warranted, we will publish to extinction. The petition cites Corte´s Thus, the available information in the a proposed rule and solicit public et al. (2010), which estimated a post- petition and in our files suggests that comments before developing and release mortality of 85 percent for the species’ natural biological smooth hammerheads caught on pelagic vulnerability (including high post-catch publishing a final rule. longline. In New South Wales, mortality rates and aggregating Information Solicited Australia, Reid and Krogh (1992) behavior) may present a threat that examined shark mortality rates in warrants further exploration to see if it To ensure that the status review is protective beach nets set off the coast is exacerbating the threat of based on the best available scientific between 1950 and 1990, and found that overutilization and contributing to the and commercial data, we are soliciting only 1.7 percent of the total number of species’ risk of extinction that is cause information on whether the smooth hammerheads caught in the net (total for concern. hammerhead shark is endangered or =2,031 sharks) were still alive when the threatened. Specifically, we are nets were cleared. These high post- Summary of ESA Section 4(a)(1) Factors soliciting information in the following release mortality rates increases the areas: (1) Historical and current sharks’ vulnerability to fishing pressure, We conclude that the petition distribution and abundance of this with any capture of this species, presents substantial scientific or species throughout its range; (2) regardless of whether the fishing is commercial information indicating that historical and current population targeted or incidental, contributing to its a combination of three of the section trends; (3) life history in marine fishing mortality. However, in an 4(a)(1) factors (overutilization for environments, including identified ecological risk assessment of 20 shark commercial, recreational, scientific, or nursery grounds; (4) historical and stocks, Corte´s et al. (2010) found that educational purposes; inadequate current data on smooth hammerhead the smooth hammerhead ranked among existing regulatory mechanisms; and the least vulnerable sharks to pelagic other natural factors) may be causing or shark bycatch and retention in longline fisheries in the Atlantic Ocean, contributing to an increased risk of industrial, commercial, artisanal, and although the authors note that the extinction for the smooth hammerhead recreational fisheries worldwide; (5) amount and quality of data regarding shark. historical and current data on smooth the species was considerably lower than hammerhead shark discards in global for the other species. Overall, this Petition Finding fisheries; (6) data on the trade of smooth information suggests that the species’ After reviewing the information hammerhead shark products, including biological vulnerability (low contained in the petition, as well as fins, jaws, meat, and teeth; (7) any productivity and high post-release information readily available in our current or planned activities that may mortality) may be a threat in certain files, and based on the above analysis, adversely impact the species; (8) fisheries, possibly contributing to an we conclude the petition presents ongoing or planned efforts to protect increased risk of extinction, but may not substantial scientific information and restore the species and its habitats; be a cause for concern in other fisheries. indicating the petitioned action of (9) population structure information, The petition also contends that the listing the smooth hammerhead shark as such as genetics data; and (10) species’ tendency to form juvenile threatened or endangered may be management, regulatory, and aggregations increases the species’ warranted. Therefore, in accordance enforcement information. We request susceptibility to extinction. Juveniles of with section 4(b)(3)(B) of the ESA and that all information be accompanied by: the species have been known to NMFS’ implementing regulations (50 (1) Supporting documentation such as aggregate in shallow, coastal waters CFR 424.14(b)(2)), we will commence a maps, bibliographic references, or (Zeeberg et al., 2006; Diemer et al., status review of the species. During our reprints of pertinent publications; and 2011; CITES, 2013), which increases the status review, we will first determine (2) the submitter’s name, address, and species’ susceptibility to being caught in whether the species is in danger of any association, institution, or business large numbers. These shallow areas are extinction (endangered) or likely to that the person represents. close to coastlines and, as such, become so (threatened) throughout all or generally face heavier fishing pressure a significant portion of its range. If it is References Cited from commercial, artisanal, and not, then we will consider whether the A complete list of references is recreational fisheries. Many studies of populations identified by the petitioners targeted and retained bycatch shark meet the DPS policy criteria, and if so, available upon request to the Office of fisheries have demonstrated that a large whether any of these are threatened or Protected Resources (see ADDRESSES). amount of the catch of smooth endangered. If no populations meet the Authority hammerhead sharks are juveniles DPS policy criteria, then we will (Bizzarro et al., 1998; Buencuerpo et al., consider whether a similarity of The authority for this action is the 1998; Zeeberg et al., 2006; Diemer et al., appearance listing is warranted. We Endangered Species Act of 1973, as 2007). The removal of substantial now initiate this review, and thus, the amended (16 U.S.C. 1531 et seq.).

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Dated: August 5, 2015. West Highway, Silver Spring, MD scientific or commercial information Samuel D. Rauch III, 20910. indicating that the petitioned action Deputy Assistant Administrator for Instructions: You must submit may be warranted, and promptly Regulatory Programs, National Marine comments by one of the above methods publish the finding in the Federal Fisheries Service. to ensure that we receive, document, Register (16 U.S.C. 1533(b)(3)(A)). When [FR Doc. 2015–19550 Filed 8–10–15; 8:45 am] and consider them. Comments sent by we find that substantial scientific or BILLING CODE 3510–22–P any other method, to any other address commercial information in a petition or individual, or received after the end and in our files indicates the petitioned of the comment period, may not be action may be warranted (a ‘‘positive 90- DEPARTMENT OF COMMERCE considered. All comments received are day finding’’), we are required to a part of the public record and will promptly commence a review of the National Oceanic and Atmospheric generally be posted for public viewing status of the species concerned, which Administration on http://www.regulations.gov without includes conducting a comprehensive change. All personal identifying review of the best available scientific 50 CFR Parts 223 and 224 information (e.g., name, address, etc.), and commercial information. Within 12 [Docket No. 150506426–5426–01] confidential business information, or months of receiving the petition, we otherwise sensitive information must conclude the review with a finding RIN 0648–XD942 submitted voluntarily by the sender will as to whether, in fact, the petitioned action is warranted. Because the finding Endangered and Threatened Wildlife; be publicly accessible. We will accept anonymous comments (enter ‘‘N/A’’ in at the 12-month stage is based on a 90-day Finding on a Petition To List the significantly more thorough review of Bigeye Thresher Shark as Threatened the required fields if you wish to remain anonymous). Attachments to electronic the available information, a ‘‘may be or Endangered Under the Endangered warranted’’ finding at the 90-day stage Species Act comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats does not prejudge the outcome of the AGENCY: National Marine Fisheries only status review. Under the ESA, a listing Service (NMFS), National Oceanic and FOR FURTHER INFORMATION CONTACT: determination may address a ‘‘species,’’ Atmospheric Administration (NOAA), Chelsey Young, NMFS, Office of Commerce. which is defined to also include Protected Resources (301) 427–8491. subspecies and, for any vertebrate ACTION: 90-day petition finding, request SUPPLEMENTARY INFORMATION: species, any DPS that interbreeds when for information, and initiation of status Background mature (16 U.S.C. 1532(16)). A joint review. NMFS–U.S. Fish and Wildlife Service On April 27, 2015, we received a SUMMARY: (USFWS) policy clarifies the agencies’ We, NMFS, announce the 90- petition from Defenders of Wildlife day finding on a petition to list the interpretation of the phrase ‘‘distinct requesting that we list the bigeye population segment’’ for the purposes of bigeye thresher shark (Alopias thresher shark (Alopias superciliosus) as superciliosus) range-wide, or in the listing, delisting, and reclassifying a endangered or threatened under the species under the ESA (‘‘DPS Policy’’; alternative, as one or more distinct ESA, or, in the alternative, to list one or population segments (DPSs) identified 61 FR 4722; February 7, 1996). A more distinct population segments species, subspecies, or DPS is by the petitioners as endangered or (DPSs), should we find they exist, as threatened under the U.S. Endangered ‘‘endangered’’ if it is in danger of threatened or endangered under the extinction throughout all or a significant Species Act (ESA). We find that the ESA. Defenders of Wildlife also petition presents substantial scientific portion of its range, and ‘‘threatened’’ if requested that critical habitat be it is likely to become endangered within or commercial information indicating designated for this species in U.S. that the petitioned action may be the foreseeable future throughout all or waters concurrent with final ESA a significant portion of its range (ESA warranted for the species worldwide. listing. The petition states that the Accordingly, we will initiate a status sections 3(6) and 3(20), respectively; 16 bigeye thresher shark merits listing as U.S.C. 1532(6) and (20)). Pursuant to the review of bigeye thresher shark range- an endangered or threatened species wide at this time. To ensure that the ESA and our implementing regulations, under the ESA because of the following: the determination of whether a species status review is comprehensive, we are (1) The species faces threats from soliciting scientific and commercial is threatened or endangered shall be historical and continued fishing for both based on any one or a combination of information regarding this species. commercial and recreational purposes; the following five section 4(a)(1) factors: DATES: Information and comments on (2) life history characteristics and The present or threatened destruction, the subject action must be received by limited ability to recover from fishing modification, or curtailment of habitat October 13, 2015. pressure make the species particularly or range; overutilization for commercial, ADDRESSES: You may submit comments, vulnerable to overexploitation; and (3) recreational, scientific, or educational information, or data, identified by regulations are inadequate to protect the purposes; disease or predation; ‘‘NOAA–NMFS–2015–0089’’ by any one bigeye thresher shark. inadequacy of existing regulatory of the following methods: mechanisms; and any other natural or ESA Statutory Provisions and Policy • Electronic Submissions: Submit all manmade factors affecting the species’ Considerations electronic public comments via the existence (16 U.S.C. 1533(a)(1), 50 CFR Federal eRulemaking Portal. Go to Section 4(b)(3)(A) of the ESA of 1973, 424.11(c)). www.regulations.gov/ as amended (U.S.C. 1531 et seq.), ESA-implementing regulations issued #!docketDetail;D=NOAA-NMFS-2015- requires, to the maximum extent jointly by NMFS and USFWS (50 CFR 0089. Click the ‘‘Comment Now’’ icon, practicable, that within 90 days of 424.14(b)) define ‘‘substantial complete the required fields, and enter receipt of a petition to list a species as information’’ in the context of reviewing or attach your comments. threatened or endangered, the Secretary a petition to list, delist, or reclassify a • Mail or hand-delivery: Office of of Commerce make a finding on whether species as the amount of information Protected Resources, NMFS, 1315 East- that petition presents substantial that would lead a reasonable person to

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believe that the measure proposed in the available in our files, indicates that the www.natureserve.org/prodServices/pdf/ petition may be warranted. When petitioned entity constitutes a ‘‘species’’ NatureServeStatusAssessmentsListing- evaluating whether substantial eligible for listing under the ESA. Next, Dec%202008.pdf). Thus, when a information is contained in a petition, we evaluate whether the information petition cites such classifications, we we must consider whether the petition: indicates that the species at issue faces will evaluate the source of information (1) Clearly indicates the administrative extinction risk that is cause for concern; that the classification is based upon in measure recommended and gives the this may be indicated in information light of the standards on extinction risk scientific and any common name of the expressly discussing the species’ status and impacts or threats discussed above. species involved; (2) contains detailed and trends, or in information describing narrative justification for the impacts and threats to the species. We Species Description recommended measure, describing, evaluate any information on specific Distribution based on available information, past and demographic factors pertinent to The bigeye thresher shark (Alopias present numbers and distribution of the evaluating extinction risk for the species superciliosus) is a large, highly species involved and any threats faced at issue (e.g., population abundance and migratory oceanic and coastal species of by the species; (3) provides information trends, productivity, spatial structure, shark found throughout the world in regarding the status of the species over age structure, sex ratio, diversity, tropical and temperate seas. In the all or a significant portion of its range; current and historical range, habitat Western Atlantic (including the Gulf of and (4) is accompanied by the integrity or fragmentation), and the Mexico), bigeye threshers can be found appropriate supporting documentation potential contribution of identified off the Atlantic coast of the United in the form of bibliographic references, demographic risks to extinction risk for States (from New York to Florida), and reprints of pertinent publications, the species. We then evaluate the copies of reports or letters from potential links between these in the Gulf of Mexico off Florida, authorities, and maps (50 CFR demographic risks and the causative Mississippi and Texas. They can also be 424.14(b)(2)). impacts and threats identified in ESA found in Mexico (from Veracruz to At the 90-day stage, we evaluate the section 4(a)(1). Yucatan), Bahamas, Cuba, Venezuela, as petitioner’s request based upon the Information presented on impacts or well as central and southern Brazil. In information in the petition, including its threats should be specific to the species the Eastern Atlantic, bigeye threshers references, and the information readily and should reasonably suggest that one are found from Portugal to the Western available in our files. We do not conduct or more of these factors may be Cape of South Africa, including the additional research, and we do not operative threats that act or have acted western and central Mediterranean Sea. solicit information from parties outside on the species to the point that it may In the Indian Ocean, bigeye threshers the agency to help us in evaluating the warrant protection under the ESA. are found in South Africa (Eastern Cape petition. We will accept the petitioner’s Broad statements about generalized and KwaZulu-Natal), Madagascar, sources and characterizations of the threats to the species, or identification Arabian Sea (Somalia), Gulf of Aden, information presented, if they appear to of factors that could negatively impact Maldives, and Sri Lanka. In the Pacific be based on accepted scientific a species, do not constitute substantial Ocean, from West to East, bigeye principles, unless we have specific information that listing may be threshers are known from southern information in our files that indicates warranted. We look for information Japan (including Okinawa), Taiwan the petition’s information is incorrect, indicating that not only is the particular (Province of China), Vietnam, between unreliable, obsolete, or otherwise species exposed to a factor, but that the the Northern Mariana Islands and Wake irrelevant to the requested action. species may be responding in a negative Island, down to the northwestern coast Information that is susceptible to more fashion; then we assess the potential of Australia and New Zealand. Moving than one interpretation or that is significance of that negative response. to the Central Pacific, bigeye threshers contradicted by other available Many petitions identify risk are known from the area between Wake, information will not be dismissed at the classifications made by non- Marshall, Howland and Baker, Palmyra, 90-day finding stage, so long as it is governmental organizations, such as the Johnston, Hawaiian Islands, Line reliable and a reasonable person would International Union for the Islands, and between Marquesas and conclude that it supports the Conservation of Nature (IUCN), the Galapagos Islands. Finally, in the petitioner’s assertions. Conclusive American Fisheries Society, or Eastern Pacific, bigeye threshers occur information indicating the species may NatureServe, as evidence of extinction from Canada to Mexico (Gulf of meet the ESA’s requirements for listing risk for a species. Risk classifications by California) and west of Galapagos is not required to make a positive 90- other organizations or made under other Islands (Ecuador). They are also day finding. We will not conclude that Federal or state statutes may be possibly found off Peru and northern a lack of specific information alone informative, but such classification Chile (Compagno, 2001). negates a positive 90-day finding, if a alone may not provide the rationale for Physical Characteristics reasonable person would conclude that a positive 90-day finding under the the unknown information itself suggests ESA. For example, as explained by The bigeye thresher shark possesses an extinction risk of concern for the NatureServe, their assessments of a an elongated upper caudal lobe almost species at issue. species’ conservation status do ‘‘not equal to its body length, which is To make a 90-day finding on a constitute a recommendation by unique to the Alopiidae family. It has a petition to list a species, we evaluate NatureServe for listing under the U.S. broad head, a moderately long and whether the petition presents Endangered Species Act’’ because bulbous snout, curved yet broad-tipped substantial scientific or commercial NatureServe assessments ‘‘have pectoral fins, distinctive grooves on the information indicating the subject different criteria, evidence head above the gills, and large teeth. species may be either threatened or requirements, purposes and taxonomic The first dorsal fin mid base is closer to endangered, as defined by the ESA. coverage than government lists of the pelvic-fin bases than to the pectoral- First, we evaluate whether the endangered and threatened species, and fin bases. The caudal tip is broad with information presented in the petition, therefore these two types of lists should a wide terminal lobe. While some of the along with the information readily not be expected to coincide’’ (http:// above characteristics may be shared by

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other thresher shark species, diagnostic per litter (Chen et al., 1997; Compagno, decline of bigeye thresher sharks has features separating this species from the 2001; Moreno and Moro´n, 1992) and a been caused mainly by commercial and other two thresher shark species long gestation period of 12 months, recreational fishing (both direct harvest (common thresher, A. vulpinus, and although this remains uncertain due to and bycatch), as evidenced by pelagic thresher, A. pelagicus) are their a lack of birthing seasonality data (Liu substantial population declines in every extremely large eyes, which extend onto et al., 1998). They (like all thresher area where sufficient historical and the dorsal surface of the head, and the sharks) are ovoviviparous and current population data exist. In the prominent notches that run dorso-lateral oophagous (developing embryo in uteri Northwest and Western Central from behind the eyes to behind the gills. eat unfertilized eggs produced by the Atlantic, the petition cites an 80 percent The body can be purplish grey or grey- ovary). Size at birth for the bigeye decline in bigeye thresher sharks since brown on the upper surface and sides, thresher ranges from 64–106 cm TL the early 2000s, with an estimated with grey to white coloring on its (Gilmore, 1993), but a mating season has average overall decline of 63 percent underside (light color of abdomen does not yet been identified. Bigeye threshers since the beginning of data collection in not extend over pectoral fin bases like have the slowest population growth rate 1986. In the Southwest Atlantic, the common thresher) and no white dot on of all thresher sharks, with an petition describes the popularity of upper pectoral fin tips like those often exceptionally low potential annual rate bigeye threshers in the Brazilian Santos seen in common threshers (Compagno of population increase (0.02; IUCN; longline fishery, and asserts that some ¥ 2001). l=1.009 yr 1, Corte´s, 2009). vessels are directly targeting this species Habitat Analysis of Petition and Information specifically for its fins. The petition also Readily Available in NMFS Files describes consistent gradual decreases Bigeye thresher sharks are found in a in catch per unit effort (CPUE) for this diverse spectrum of locations, including Below we evaluate the information species in the region. The petition coastal waters over continental shelves, provided in the petition and readily describes likely declines of bigeye on the high seas in the epipelagic zone available in our files to determine if the thresher sharks in the Mediterranean far from land, in deep waters near the petition presents substantial scientific based on declines of other pelagic shark bottom on continental slopes, and or commercial information indicating species, including congener A. vulpinus, sometimes in shallow inshore waters. that an endangered or threatened listing due to high fishing pressure. In the They are an epipelagic, neritic, and may be warranted as a result of any of Indo-West Pacific, the petition cites the epibenthic shark, ranging from the the factors listed under section 4(a)(1) of prevalence of finning activities, the ESA. If requested to list a global surface and in the intertidal to at least including both legal and extensive population or, alternatively, a DPS, we 500 m deep, but mostly below 100 m illegal directed shark catch in this first determine if the petition presents depth. In our files, we found region, and states that the bigeye substantial information that the information indicating that bigeye thresher in particular is preferentially petitioned action is warranted for the threshers prefer an optimum swimming retained in certain fisheries. In the global population. If it does, then we depth of 240–360 m, water temperature Eastern Central Pacific, the petition cites ° make a positive finding on the petition of 10–16 C, salinity of 34.5–34.7 ppt, 83 percent declines in thresher and conduct a review of the species and dissolved oxygen range between populations when compared to research range-wide. If after this review we find 3.0–4.0 ml/l (Cao et al., 2011). surveys from the 1950s. Finally, the that the species does not warrant listing Feeding Ecology range-wide, then we will consider petition points to increased interest in Bigeye threshers feed on small to whether the populations requested by recreational fishing of the bigeye medium sized pelagic fishes (e.g., the petition qualify as DPSs and warrant thresher shark, with the potential for lancetfishes, herring, mackerel and listing. If the petition does not present high post-release mortality. The petition small billfishes), bottom fishes (e.g., substantial information that the global does not provide information on hake), and cephalopods (e.g., squids). population may warrant listing, but it abundance estimates across the global Thresher sharks are unique in that they has requested that we list any distinct range of the species. use their tail in a whip-like fashion to populations of the species as threatened The last IUCN assessment of the disorient and incapacitate their prey or endangered, then we consider bigeye thresher shark was completed in prior to consumption (Oliver, 2013). whether the petition provides 2009, and several estimates of global The arrangement of the eyes, with substantial information that the and subpopulation trends and status keyhole-shaped orbits extending onto requested population(s) may qualify as have been made and are described in the dorsal surface of the head, suggest DPSs under the discreteness and the following text. In the Northwest that this species has a dorsal/vertical significance criteria of our joint DPS Atlantic, declines in relative abundance binocular field of vision (unlike other Policy, and if listing any of those DPSs cited by the petitioner were derived threshers), which may be related to may be warranted. We summarize our from analyses of logbook data, reported fixating on prey and striking them with analysis and conclusions regarding the in Baum et al., (2003) and Corte´s (2007). its tail from below (FAO 2015 species information presented by the petitioners The former study analyzed logbook data fact sheet). and in our files on the specific ESA for the U.S. pelagic longline fleets section 4(a)(1) factors that we find may targeting swordfish and tunas in the Life History be affecting the species’ risk of global Northwest Atlantic, and reported an 80 Bigeye thresher sharks have an extinction below. percent decline in relative abundance estimated lifespan of approximately 20– for thresher sharks (common and bigeye 21 years and a maximum total length of Bigeye Thresher Shark Status and threshers combined) from 1986 to 2000. about 4.6 m. Maturity in bigeye Trends The latter study reported a 63 percent threshers occurs at 7–13 years and 275– The petition does not provide a decline of thresher sharks (at the genus 300 cm total length (TL) for males and population abundance estimate for level) based on logbook data, occurring 8–15 years and 290–341cm (TL) for bigeye thresher sharks, but points to its between 1986 and 2006 (Corte´s, 2007). females. Bigeye threshers have low ‘‘vulnerable’’ status on the IUCN Red However, the observer index data from reproductive capacity of only 2–4 pups List. The petition asserts that a global the same study (Corte´s, 2007) shows an

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opposite trend in relative abundance, thresher sharks have declined between ESA Section 4(a)(1) Factors with a 28 percent increase of threshers 96 and 99 percent in abundance and The petition indicated three main in the Northwest Atlantic since 1992. biomass in the Mediterranean Sea categories of threats to the bigeye Logbook data over the same period (Ferretti et al., 2008). Overall, the bigeye thresher shark: overutilization for (1992–2006) shows a 50 percent decline thresher shark has been poorly commercial, recreational, scientific, or in thresher sharks. The logbook dataset documented in the Mediterranean and educational purposes; the inadequacy of is the largest available for the western is considered scarce or rare. existing regulatory mechanisms; and North Atlantic Ocean, but the observer In the Eastern Central Pacific, logbook other natural or manmade factors dataset is generally more reliable in data show a historical decline of affecting its continued existence. We terms of consistent identification and thresher sharks due to pelagic fishing discuss each of these below based on reporting. According to observer data, fleet operations. Trends in abundance information in the petition, and the relative abundance of thresher sharks and biomass of thresher sharks in the information readily available in our (again, only at the genus level) in the eastern tropical Pacific Ocean were files. western North Atlantic Ocean appears estimated by comparison of pelagic to have stabilized or even be increasing longline research surveys in the 1950s Overutilization for Commercial, since the late 1990s (Corte´s, 2007). A with recent data (1990s); these data Recreational, Scientific, or Educational more recent analysis using logbook data were collected by observers on pelagic Purposes between 1996 and 2005 provides some longline fishing vessels and The petition states that ‘‘the bigeye supporting evidence that the abundance standardized to account for differences thresher has shown substantial of thresher sharks has potentially in depth and soak time. This analysis population declines in every area where stabilized over this time period (Baum estimated a decline in combined sufficient historical and current and Blanchard, 2010). However, it thresher abundance of 83 percent and a population data exists’’ and lists four should be noted that fishing pressure on decline in biomass to approximately 5 categories of overutilization: historical, thresher sharks began over two decades percent of virgin levels (Ward and directed, incidental, and recreational. prior to the start of this time series; thus, Myers, 2005). The petition describes historical the estimated declines are not from In other areas of the world, estimates exploitation as the first category of virgin biomass. Furthermore, the sample of thresher shark abundance are limited. overutilization for the species, size in the latter observer analysis was Bigeye threshers are recorded in the predominantly in the Northwest and also very small compared to the catches of fisheries operating in the Central Atlantic and Eastern Central previous logbook analyses, which both Indo-West Pacific, but catches of the Pacific. In the Northwest and Central showed declines. Thus, abundance species are likely very under-reported. Atlantic, bigeye threshers were trend estimates derived from An analysis of purse seine and longline historically caught in pelagic longline standardized catch rate indices of the observer data from the Western and fisheries. Bigeye threshers have been a U.S. pelagic longline fishery suggest that Central Pacific produced no clear catch prohibited species in all commercial thresher sharks (both bigeye and trends for thresher sharks (Alopias fisheries in the U.S. Atlantic since 2000. common) have likely undergone a spp.); however, shark data from observer Since these regulations became effective decline in abundance in this region. data sets are constrained by a lack of in 2000, relative abundance of thresher However, the conflicting evidence observer coverage, particularly for the sharks (again, only at the genus level) in between logbook and observer data North Pacific, and for the purse seine the western North Atlantic Ocean showing opposite trends in thresher fishery by the physical practicalities of appears to have stabilized or even be shark abundance cannot be fully onboard sampling (Clarke, 2011). increasing since the late 1990s (Baum resolved at this time. Data are not Additionally, this study detected a and Blanchard, 2010; Corte´s, 2007). available in the petition or in our own significant decrease in median size for However, it should be noted that bigeye files to assess the trend in population thresher sharks in tropical areas, most threshers are still caught as bycatch and abundance in this region since 2006, or likely reflective of trends in bigeye occasionally landed in the Northwest to assess the trend specific to the bigeye threshers as they are the most Atlantic Ocean despite its prohibited thresher shark. Because the logbook data commonly encountered species in this status (NMFS, 2012; 2013), which may from this region show consistent region. While catch data are incomplete hinder the ability of the population to evidence of a significant and continued and cannot be used to estimate rebound from the historical declines. decline in thresher sharks, we must abundance levels or determine the As previously mentioned, the petition consider this information in our 90-day magnitude of catches or trends for also states that logbook data from the determination. Additionally, in the bigeye threshers at this time, pelagic Eastern Central Pacific shows a Southeastern United States, studies fishing effort in this region is high, with historical decline of bigeye thresher show significant declines in the species, reported increases in recent years (IUCN sharks due to pelagic fishing fleet with decreases in CPUE indicating that assessment, 2009). operations known to take this species. the population of A. superciliosus has In conclusion, across the species’ Trends in abundance and biomass of declined by 70 percent from historical global range we find evidence thresher sharks in the eastern tropical levels (Beerkircher et al., 2002). suggesting that population abundance of Pacific Ocean were estimated by For the Northeast Atlantic, there are the bigeye thresher shark is declining or, comparison of pelagic longline research no population abundance estimates in the Northwest Atlantic Ocean, may surveys in the 1950s with recent data available, but data indicate that the be stable at a diminished abundance. (1990s); these data were collected by species is taken in driftnets and gillnets. While data are still limited with respect observers on pelagic longline fishing In the Mediterranean Sea, estimates to population size and trends, we find vessels and standardized to account for show significant declines in thresher the petition and our files sufficient in differences in depth and soak time. For shark abundance during the past two presenting substantial information on example, in the 1990’s, longliners decades, reflecting data up to 2006. bigeye thresher shark abundance, deployed more hooks (averaging 2240 According to historical data compiled trends, or status to indicate the hooks per day compared to 322 hooks using a generalized linear model, petitioned action may be warranted. in the 1950s) over a wider depth range

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(down to 600 m compared to 200 m) for Additionally, thresher sharks comprised Indirect catch is another category of longer periods. Thus, while catches of 15 percent of fins genetically tested overutilization identified by the thresher sharks increased (from 112 from markets throughout Indonesia (the petition, which states that post-release threshers in the 1950s survey to 511 largest shark catching country in the mortality may be high in the species. threshers in the 1990s survey), this world), with bigeye threshers making up However, no information is provided in analysis estimated a decline in an estimated 7.6 percent of all fins the petition to connect the effect of combined thresher abundance of 83 tested. The high frequency of bigeye bycatch on population declines of the percent, with a decline in mean biomass threshers in the markets across species. In the Northeast Atlantic and to approximately 5 percent of virgin Indonesia provides some evidence that Mediterranean, while there are no target levels and a decline in mean body mass they are not just caught incidentally, but fisheries for thresher sharks, they are from 17 kg to 12 kg). While this analysis are targeted by large-scale fisheries taken as bycatch in various fisheries, was not species-specific (Ward and (Sembiring, 2015). In another genetic including the Moroccan driftnet fishery Myers, 2005), we must consider this barcoding study of fins from United in the southwest Mediterranean. They information in our 90-day finding given Arab Emirates, the fourth largest are also caught by industrial and semi- the potential significant population exporter in the world of raw dried shark industrial longline fisheries and by decline of bigeye threshers in this fins to Hong Kong, the authors found artisanal gillnet fisheries. In our files, region. that the Alopiidae family represented we found evidence that in the last two In addition to broad commercial 5.9 percent of the trade from Dubai, decades, thresher sharks (common and harvest of the species, the petition states with bigeye thresher comprising 2.31 bigeye) have declined between 96 and that direct catch related to the shark fin percent (Jabado et al., 2015). Overall, 99 percent in abundance and biomass in trade has resulted in population decline, evidence that bigeye thresher sharks the Mediterranean Sea (Ferretti, 2008). Although bigeye thresher sharks have and that bigeye thresher sharks are (and threshers in general) are highly been a prohibited species in U.S. targeted and preferentially retained for valued for their fins, are possibly Atlantic commercial fisheries since their fins. For example, the petition targeted in some areas, and comprise a 2000, they are still incidentally taken as stated in the Indo-West Pacific, a single portion of the Hong Kong fin-trading bycatch on pelagic longlines and in thresher fin can fetch US $250, creating auction suggests that this threat may impact the species. gillnets on the East Coast. For example, incentives that would drive in our files, we found that since the overutilization. However, this statement In the Indian Ocean, the status and prohibition on bigeye threshers came is not entirely correct. While it is true abundance of shark species is poorly into effect in 2000, approximately 1,493 that high prices are paid for thresher known despite a long history of research lbs, dressed weight (677 kg) of bigeye sharks, the value of US $250 was not for and more than 60 years of commercial thresher were landed in the Atlantic a single fin, but rather for the entire exploitation by large-scale tuna fisheries (NMFS, 2012; 2014) despite its shark (Gilman et al., 2007). Still, in (Romanov et al., 2010). Pelagic sharks, prohibited status. In 2010, the United comparison to other sharks (e.g., including bigeye threshers, are targeted States reported that bigeye thresher shortfin mako only fetches US $50 per in various fisheries, including semi- represented the second largest amount shark), thresher sharks appear to be industrial, artisanal, and recreational of dead discards in the Atlantic highly valued and consequently targeted fisheries. Countries that fish for various commercial fleet, reporting a total of 46 for both their meat and fins. While the pelagic species of sharks include: Egypt, t (NOAA, 2010 Report to ICCAT). In petition did not provide any India, Iran, Oman, Saudi Arabia, Sudan, 2011, this number dropped to 27 t of information connecting population United Arab Emirates, and Yemen, bigeye thresher dead discards (NOAA, declines as a result of this direct catch, where the probable or actual status of 2011 Report to ICCAT). Further, several evidence suggests that the three thresher shark populations is unknown, and recent reports assessing the shark species, collectively, may account Maldives, Kenya, Mauritius, Seychelles, vulnerability of bigeye threshers and for approximately 2.3 percent of the fins South Africa, and United Republic of other pelagic sharks to bycatch in the auctioned in Hong Kong, the world’s Tanzania, where the actual status of U.S. Atlantic pelagic longline fishery largest fin-trading center (Clarke, 2006). shark populations is presumed to range characterized the bigeye thresher as This translates to 0.4 million to 3.9 from fully exploited to over-exploited highly vulnerable (Cortes, 2010; Cortes, million threshers that may enter the (Young, 2006). In 2013, an Ecological 2012; Gallagher et al., 2014). These global fin trade each year (Clarke, 2006), Risk Assessment (ERA) was developed landings and dead discards may be with bigeye thresher having the highest by the Indian Ocean Tuna Commission linked to declines in the species across value and vulnerability to fishing (IOTC) Scientific Committee to quantify the Northwest Atlantic portion of its compared to the other thresher species which shark species are most at risk range; however, as discussed earlier, (Corte´s, 2010); still, the relative from the high levels of pelagic longline conflicting logbook and observer data proportion of each thresher shark fishing pressure. In this ERA, the IOTC decrease the certainty of these trends species comprising the shark fin trade is Scientific Committee noted that A. (Corte´s, 2007; Baum and Blanchard, not available in this genus-level superciliosus received a high 2010). assessment and information on the vulnerability ranking (No. 2) for In the Southwest Atlantic Ocean, off species-specific impact of this harvest longline gear, as the species is the coast of Brazil, bigeye threshers on bigeye thresher shark abundance is characterized as one of the least represent almost 100 percent of thresher not provided by the petitioner. productive shark species, and is highly sharks caught in longline fisheries However, we found species-specific susceptible to catch in longline (Amorin, 1998). The landed catch and evidence in our files that bigeye fisheries. The ERA also noted that the CPUE of bigeye thresher shark in this threshers may be highly utilized in the available evidence indicates fishery increased from 1971 to 1989, shark fin trade. In a genetic barcoding considerable risk to the status of the and then gradually decreased from 1990 study of shark fins from markets in Indian Ocean Alopias spp. stocks at to 2001; however, this does not Taiwan, bigeye threshers were one of 20 current catch levels, which, from 2000– necessarily reflect stock abundance species identified and comprised 0.07 2011 was estimated to be 22,811 mt because changes in the depth of fishing percent of collected fin samples. (Merua et al., 2013). operations also occurred, which may

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have affected the time series. Thus, this part of the species’ range as a result months (from July 2010 to January further information is needed to resolve of fishing mortality in longline fisheries. 2011). These data do not include live- this. In our files, we found that bigeye Given the high rates of bycatch-related released bigeye thresher sharks (Ardill threshers are also taken in Uruguayan mortality observed in this species et al., 2011), which reportedly have high longline fisheries at similar levels. In throughout other parts of its range (e.g., post-release mortality rates (IOTC, one study, observer data from 2001– Northwest and Southwest Atlantic, 2014). Observer data from Taiwanese 2005 recorded a total of 295 A. Indian Ocean, and Central Pacific), it is longline fleets (with coverage ranging superciliosus specimens, in which the likely the species experiences similar from only 2.2 percent in 2004 to 20.8 species’ abundance was characterized as rates of bycatch-related mortality in this percent in 2007) recorded a total of 445 ‘‘low’’ despite high fishing effort part of its range as well. Thus, it is likely bigeye threshers bycaught from 2004– (Berrondo et al., 2007). Further, that the historical and continued levels 2008, with approximately 61 percent observer data from 1992–2000 showed of exploitation in this part of the discarded (Huang and Liu, 2010). that bigeye threshers experience high species’ range are impacting the species, Hooking mortality is apparently very mortality in longline fisheries in the such that listing may be warranted. high in this region; therefore, the IOTC’s Southwest Atlantic, with 54 percent We found evidence that bigeye regulation 10/12 that prohibits the dead upon capture (Beerkircher et al., threshers are known to interact with onboard retention of any part of any 2002). Given the declines reported in longline fisheries throughout the Indo- thresher species and promotes live other areas for which data are available Pacific. In the Western and Central release of thresher sharks may be throughout other parts of the species’ Pacific, where sharks represent 25 ineffective for the conservation of bigeye range and the high fishing pressure from percent of the longline fishery catch, thresher sharks. For example, in the fleets throughout the Southwest observer data showed that bigeye Portuguese longline fleet, bigeye Atlantic, A. superciliosus may be thresher shark is the 7th most threshers experienced a high rate of at- experiencing a level of exploitation in commonly bycaught species of shark out vessel mortality of 68.4 percent (n = 19) this part of its range that may increase of a total 49 species reported by from May to September 2011 (Ardill et its risk of extinction. observers (Molony, 2007). We found al., 2011). The IOTC reported in 2014 that bigeye threshers are commonly that ‘‘maintaining or increasing effort in In the Eastern Central Pacific, the taken as bycatch in longline fisheries in this region will probably result in petition points to the fact that bigeye the Republic of the Marshall Islands, in further declines in biomass, threshers have been recorded as bycatch which they exhibit at-vessel and/or productivity and CPUE’’ for bigeye in purse seine fleets operating in this post-release mortality of 50 percent, and threshers (IOTC, 2014). region, in which bigeye threshers nearly 99 percent are finned and Overall, there is considerable comprised 1 percent of shark species subsequently discarded (Bromhead, uncertainty regarding the actual levels caught during a Shark Characteristics 2012). Further, in a species status of bycatch of bigeye thresher shark Sampling Program conducted from snapshot for thresher sharks in the occurring throughout its range; 1994–2004 (Roman-Verdesoto and Western and Central Pacific, Clarke et however, it is likely that these rates are Orozco-Zo¨ller, 2005). Bycatch for this al., (2011) identified significant significantly under-reported due to a report was defined as sharks that were decreasing size trends for thresher lack of comprehensive observer discarded dead after being removed sharks in tropical areas, which may be coverage in areas of its range in which from the net and placed on the vessel. indicative of population declines in the highest fishing pressure occurs, as Since 2010, catches of thresher sharks in these areas. It is thought that these well as a tendency for fishers to not this fishery have fluctuated between 10 findings most likely reflect trends of record discards in fishery logbooks. t and 14 t; however, in a preliminary bigeye threshers as they are the most Nevertheless, given the prevalence of productivity-susceptibility assessment, common thresher species encountered bigeye threshers as incidental catch bigeye threshers were characterized as in this region, with catches of common throughout its range and the species’ having a low susceptibility to this and pelagic threshers characterized as observed high hooking and post-release fishery (IAATC, 2009). Complete rare or uncommon. Bigeye threshers are mortality rates, combined with the bycatch and discard data are not readily also commonly caught by Hawaii species’ low productivity, bycatch- available from longline fleets in the longline fisheries, particularly on deep- related fishing mortality may be a threat Eastern Pacific. In our files, we found set gear (Walsh et al., 2009), and placing the species at an increased risk that bigeye thresher sharks are minor represented 4.1 percent of shark catches of extinction. components of U.S. West Coast from 1995–2006. While catches of The petition identified recreational fisheries, taken incidentally and thresher sharks (Alopias spp.) have fishing as the fourth category of presumably not overexploited, at least trended upward, actual landings of overutilization. In our files, we found locally. The bigeye thresher occurs thresher sharks in Hawaii have evidence that thresher sharks, regularly but in low numbers, decreased from 50 mt in 2001 to 16 mt particularly common threshers, are comprising only approximately 9 in 2010, presumably due to the valued by recreational sport fishermen percent of common thresher catch implementation of state and Federal throughout the species’ U.S. East Coast (PFMC, 2003). Overall, we found that laws regarding shark finning (NMFS, and West Coast range; however, bigeye apart from blue and silky sharks, there 2011). threshers do not appear to be as are no stock assessments available for In the Indian Ocean, while fisheries important in recreational fisheries and shark species in the Eastern Pacific, and are directed at other species, bigeye are largely prohibited in many fisheries hence the impacts of bycatch on the threshers are commonly caught as within the United States. The petition population are unknown (IATTC, 2014). bycatch and catch rates are considered described results from Heberer (2010), However, despite a lack of information high (IOTC, 2011; Hererra and Pierre, which identified the potential negative regarding present levels of bycatch 2011). For example, bycatch of bigeye impact of recreational fishing on the occurring in other fisheries throughout threshers has been recorded in Japanese survival of congener, A. vulpinus, by the Eastern Pacific, as described earlier, and Taiwanese longline fisheries. assessing post-release survivorship of thresher sharks were estimated to have According to Japanese observer data, sharks captured using the caudal fin- experienced an 83 percent decline in 162 bigeye threshers were bycaught in 6 based techniques used by most

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recreational fishermen in southern fishing of bigeye threshers. Finally, of the Convention of Migratory Species California. As previously described, since prohibition of this species was (CMS) is also inadequate given that the thresher sharks use their elongate upper implemented in 1999, there has been no United States and other range states are caudal lobe to immobilize prey before it observed recreational harvest of this not Member Parties to CMS and are is consumed, and the majority of species, with the exception of years therefore not bound by the requirements common thresher sharks captured in the 2002 and 2006 (NMFS, 2014). The imposed by the Appendix II listing. The southern California recreational fishery petition did not provide, nor could we petition further states that the are hooked in the caudal fin and hauled- find in our files, any information Convention text is only suggestive and in backwards. This is significant regarding the threat of recreational not self-executing upon the listing of a because common threshers are obligate fishing to bigeye threshers throughout species. On the contrary, we find that a ram ventilators that require forward the rest of the species’ range. Thus, we CMS Appendix II listing now motion to ventilate the gills (Heberer, find that the information presented in encourages international cooperation 2010), and the reduced ability to extract the petition, and in our files, does not towards conservation of the species, and oxygen from the water during capture, comprise substantial information that although the United States is not as well as the stress induced from these would lead us to conclude the species currently a party to CMS, the United capture methods, may influence may have an increased risk of extinction States is a signatory to a number of CMS recovery following release. The findings from overutilization as a result of instruments for the conservation of of Heberer (2010) demonstrate that large recreational fishing activities. various marine species, including tail-hooked common thresher sharks Overall, trends in the North West and sharks. Central Atlantic Ocean suggest that the with prolonged fight times (≥85 min) The petition also asserts that finning species experienced historical declines exhibit a heightened stress response, regulations and species-specific from overexploitation, but may be which may contribute to an increased retention bans are ‘‘inadequate’’ for stabilized and possibly increasing in mortality rate. This work suggests, protecting the bigeye thresher shark recent years, although there is especially for larger thresher sharks, that species because they may still be considerable uncertainty regarding these recreational catch-and-release may not caught, either directly or indirectly. The trends. Elsewhere across the species’ be an effective conservation-based petition also cites several regional range, information in the petition and in strategy for the species. A recent paper fisheries management organizations our files suggests that the species may (RFMOs) that implement a 5 percent fin- by Sepulveda (2014) found similar continue to experience declines as a evidence for high post-release mortality result of overutilization from both direct to-carcass ratio regulation, describes of recreationally caught common and indirect fishing pressure. In what the petitioner contends are thresher sharks in the California summary, the petition, references cited, potential loopholes in those regulations, recreational shark fishery. Their results and information in our files comprise and states that these general regulations demonstrated that caudal fin-based substantial information indicating that are inadequate for the bigeye thresher angling techniques, which often result listing may be warranted because of shark, whose larger fins make it a more in trailing gear left embedded in the overutilization for commercial targeted species. The petition further shark, can negatively affect post-release purposes. contends that species-specific retention survivorship. This work suggests that bans for bigeye threshers, such as the mouth-based angling techniques can, Inadequacy of Existing Regulatory ones implemented by ICCAT and IOTC when performed properly, result in a Mechanisms that specifically prohibit the retention, higher survivorship of released sharks. The petition points to ‘‘virtually non- transshipping, landing, storing, selling, The petition argues that because existent international regulatory or offering for sale any part or whole common thresher sharks may exhibit protections’’ to assert that bigeye carcass of bigeye thresher sharks, are high mortality in recreational fisheries threshers qualify for listing due to the also inadequate largely because they do that bigeye threshers would likely inadequacy of existing regulatory not address incidental catch and exhibit similar results. While this may mechanisms. For example, the petition subsequent high mortality rates of the be true, in our files, we found no mentions the lack of protections from species. Based on the information evidence to suggest that bigeye threshers the Convention on International Trade presented in the petition and in our are declining (or responding in a of Endangered Species (CITES) for the files, we find that the bigeye thresher negative fashion) as a result of bigeye thresher shark, but then states shark is highly valued for its fins, and utilization by recreational fisheries. that even if the species was listed under can be identified in the shark fin market While it is not known if this species CITES, it would still be inadequate due at the species level. While regulations enters the California recreational fishery to the fact that a CITES listing would banning the finning of sharks are a on any regular basis, presumably only only address threats associated with the common form of shark management and few are taken. Further, there are no international trade of the species, and have been adopted by far more countries records from the recreational fishery off would not address such impacts as and regional fishery management Oregon or Washington (NMFS, 2007), bycatch. Although a CITES Appendix II organizations than the petition lists (see and in fact, fishing of all thresher listing or international reporting HSI, 2012), we agree with the petition species is prohibited in Washington. requirements would provide better data that due to high rates of hooking Likewise, in the Northwest Atlantic, on the global catch and trade of the mortality observed in this species as a bigeye threshers have been prohibited in bigeye thresher shark, the lack of a result of incidental catch, prohibitions recreational fisheries by Federal CITES listing or requirements does not on the retention of bigeye thresher or regulations since 1999. Further, U.S. suggest that current regulatory restrictions on the finning of sharks may states from Maine to Florida have mechanisms are inadequate to protect not be adequate to protect the bigeye adopted the Interstate Fisheries the bigeye thresher shark population thresher from fishing mortality rates that Management Plan (FMP) for Atlantic from becoming threatened or may contribute to its extinction risk, Coastal Sharks adopted by the Atlantic endangered under the ESA. The petition especially given the species’ States Marine Fisheries Commission also asserts that the recent listing of significantly low productivity and (ASMFC), which prohibits recreational bigeye thresher shark under Appendix II intrinsic rate of population increase.

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In addition to the inadequacy of agree with the petition that these shark has the slowest population growth international regulations, the petition regulations do not address the issue of rate of all thresher sharks, with an states that ‘‘while the U.S. has bycatch-related mortality of the species, exceptionally low potential annual rate attempted to protect the bigeye thresher especially considering the fact that of population increase (0.002–0.009 or shark in U.S. waters, piecemeal bigeye threshers are still bycaught in 1.6 percent) under sustainable protections that fail to cover the species U.S. fisheries. exploitation (Corte´s, 2008; Dulvy et al., throughout its migratory range have Overall, while measures may be 2008; Smith et al., 2008). This makes proven to be unsuccessful.’’ Though implemented to reduce bycatch, we them particularly vulnerable to any U.S. regulations by their jurisdictional found no evidence that these measures level of fisheries exploitation, whether nature only cover U.S. fishers, we do have been incorporated into common targeted or caught as bycatch in fisheries not agree that this makes them practice throughout the species’ range, for other species. Given that bigeye inadequate. We find that U.S. national particularly in areas where fishing thresher sharks are caught regularly as fishing regulations include numerous pressure is most concentrated. Further, incidental bycatch throughout its range regulatory mechanisms for both sharks while numerous finning and species- and experience high mortality rates as a in general, and bigeye threshers specific retention bans have been result, and that the species may be specifically, that may help protect the implemented, these regulations fail to targeted in some areas for its fins, the species. For example, in the U.S. address the species’ high rate of species’ growth and reproductive factors Atlantic, the bigeye thresher has been a bycatch-related mortality. In summary, may inhibit the species’ ability to prohibited species in both commercial the petition, references cited, and recover from even moderate levels of information in our files comprise and recreational fisheries since 2000 exploitation, thus placing the bigeye substantial information indicating that and 1999, respectively, under the 1999 thresher shark at an increased risk of the species may be impacted by the Fishery Management Plan for Atlantic extinction as a result. In summary, the inadequacy of regulatory mechanisms in Tunas, Swordfish, and Sharks. In petition, references cited, and parts of its range, such that listing may addition, current management measures information in our files comprise be warranted. for the Atlantic shark fisheries include substantial information indicating that the species is impacted by ‘‘other the following: commercial quotas, Other Natural or Manmade Factors natural or manmade factors,’’ including commercial retention limits, limited Affecting Its Existence the life history trait of slow entry, time-area closures, and The petition states that the biological productivity, such that listing the recreational bag limits. Sharks are constraints of the bigeye thresher shark, species may be warranted. required to be landed with fins naturally such as its low reproduction rate attached to the carcass. Additionally, (typically 2–4 pups a year), coupled Summary of Section 4(a)(1) Factors several U.S. states have prohibited the with a late age of maturity We conclude that the petition does sale or trade of shark fins/products as (approximately 12–14 years for females, not present substantial scientific or well, including Hawaii, Oregon, and slightly earlier for males, between commercial information indicating that Washington, California, Illinois, 9–10 years) contribute to the species’ the ESA section (4)(a)(1) threats of Maryland, Delaware, New York, and vulnerability to harvesting and its ‘‘present or threatened destruction, Massachusetts, subsequently decreasing inability to recover rapidly. We agree modification, or curtailment of its the United States’ contribution to the fin with the petition that the bigeye habitat or range’’ or ‘‘disease or trade. For example, after the state of thresher shark exhibits relatively slow predation’’ may be causing or Hawaii prohibited finning in its waters growth rates and low fecundity. An contributing to an increased risk of in 2000 and required shark fins to be ecological risk assessment conducted to extinction for the global population of landed with their corresponding inform the International Commission for the bigeye thresher shark. However, we carcasses in the state, shark fin imports the Conservation of Atlantic Tunas do conclude that the petition and from the United States into Hong Kong (ICCAT) categorized the relative risk of information in our files present declined significantly (54 percent overexploitation of the 11 major species substantial scientific or commercial decrease, from 374 to 171 tonnes), as of pelagic sharks, including the bigeye information indicating that the section Hawaii could no longer be used as a fin thresher shark (Corte´s et al., 2010, 4(a)(1) factor ‘‘overutilization for trading center for the international 2012). The study derived an overall commercial, recreational, scientific, or fisheries operating and finning in the vulnerability ranking for each of the 11 educational purposes,’’ as well as Central Pacific (Miller, 2014). Except for species, which was defined as ‘‘a ‘‘inadequacy of existing regulatory smooth dogfish (Mustelus canis), the measure of the extent to which the mechanisms’’ and ‘‘other manmade or U.S. Shark Conservation Act of 2010 impact of a fishery [Atlantic longline] natural factors,’’ may be causing or protects all shark species, making it on a species will exceed its biological contributing to an increased risk of illegal to remove any of the fins of a ability to renew itself’’ (Corte´s et al., extinction for the species. shark (including the tail) at sea; to have 2010, 2012). This robust assessment custody, control, or possession of any found that bigeye thresher sharks have Petition Finding such fin aboard a fishing vessel unless a combination of low productivity and Based on the above information and it is naturally attached to the high susceptibility to pelagic longline the criteria specified in 50 CFR corresponding carcass; to transfer any gear, which places the bigeye thresher at 424.14(b)(2), we find that the petition such fin from one vessel to another high risk of overexploitation to the and information readily available in our vessel at sea, or to receive any such fin combined pelagic longline fisheries in files present substantial scientific and in such transfer, without the fin the Atlantic Ocean (Corte´s et al., 2010, commercial information indicating that naturally attached to the corresponding 2012). In fact, of the 11 species the petitioned action of listing the carcass; or to land any such fin that is examined in this study, Atlantic bigeye bigeye thresher shark worldwide as not naturally attached to the thresher sharks were identified as one of threatened or endangered may be corresponding carcass, or to land any the most vulnerable and least warranted. Therefore, in accordance shark carcass without such fins productive shark species. Even within with section 4(b)(3)(A) of the ESA and naturally attached. However, we do the genus Alopias, the bigeye thresher NMFS’ implementing regulations (50

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CFR 424.14(b)(3)), we will commence a information relevant to whether the enforcement information. We request status review of the species. During the bigeye thresher shark is endangered or that all information be accompanied by: status review, we will determine threatened. Specifically, we are (1) Supporting documentation such as whether the species is in danger of soliciting information in the following maps, bibliographic references, or extinction (endangered) or likely to areas: (1) Historical and current reprints of pertinent publications; and become so within the foreseeable future distribution and abundance of this (2) the submitter’s name, address, and (threatened) throughout all or a species throughout its range; (2) any association, institution, or business significant portion of its range. We now historical and current population that the person represents. initiate this review, and thus, we trends; (3) life history in marine References Cited consider the bigeye thresher shark to be environments, including identified a candidate species (69 FR 19975; April nursery grounds; (4) historical and A complete list of references is 15, 2004). Within 12 months of the current data on bigeye thresher shark available upon request to the Office of receipt of the petition (April 27, 2016), bycatch and retention in industrial, Protected Resources (see ADDRESSES). we will make a finding as to whether commercial, artisanal, and recreational listing the species as endangered or fisheries worldwide; (5) historical and Authority current data on bigeye thresher shark threatened is warranted as required by The authority for this action is the discards in global fisheries; (6) data on section 4(b)(3)(B) of the ESA. If listing Endangered Species Act of 1973, as the trade of bigeye thresher shark the species is found to be warranted, we amended (16 U.S.C. 1531 et seq.). will publish a proposed rule and solicit products, including fins, jaws, meat, public comments before developing and and teeth; (7) any current or planned Dated: August 5, 2015. publishing a final rule. activities that may adversely impact the Samuel D. Rauch III, species; (8) ongoing or planned efforts to Deputy Assistant Administrator for Information Solicited protect and restore the species and its Regulatory Programs, National Marine To ensure that the status review is habitats; (9) population structure Fisheries Service. based on the best available scientific information, such as genetics data; and [FR Doc. 2015–19551 Filed 8–10–15; 8:45 am] and commercial data, we are soliciting (10) management, regulatory, and BILLING CODE 3510–22–P

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Notices Federal Register Vol. 80, No. 154

Tuesday, August 11, 2015

This section of the FEDERAL REGISTER the collection of information unless it DEPARTMENT OF AGRICULTURE contains documents other than rules or displays a currently valid OMB control proposed rules that are applicable to the number. Animal and Plant Health Inspection public. Notices of hearings and investigations, Service committee meetings, agency decisions and Food Safety and Inspection Service rulings, delegations of authority, filing of [Docket No. APHIS–2015–0046] petitions and applications and agency Title: Requirements to Notify FSIS of statements of organization and functions are Adulterated or Misbranded Product, Notice of Availability of Treatment examples of documents appearing in this Prepare and Maintain Written Recall Evaluation Documents and section. Procedures and Document Certain Supplemental Environmental HACCP Reassessments. Assessment for Pesticide Use for the OMB Control Number: 0583–0144. Imported Fire Ant Program DEPARTMENT OF AGRICULTURE Summary Of Collection: The Food Safety and Inspection Service (FSIS) has AGENCY: Animal and Plant Health Submission for OMB Review; been delegated the authority to exercise Inspection Service, USDA. Comment Request the functions of the Secretary as ACTION: Notice of availability. August 5, 2015. provided in the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601 et seq.) and SUMMARY: We are advising the public The Department of Agriculture has that we have determined that it is submitted the following information the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451 et seq.). These necessary to add to the Plant Protection collection requirement(s) to OMB for and Quarantine Treatment Manual two review and clearance under the statutes mandate that FSIS protect the public by verifying that meat and treatment options for use in controlling Paperwork Reduction Act of 1995, imported fire ant. We have prepared Public Law 104–13. Comments poultry products are safe, wholesome, unadulterated, and properly labeled and treatment evaluation documents that regarding (a) whether the collection of describe the new treatment options and information is necessary for the proper packaged. Section 11017 of the Food, Conservation, and Energy Act of 2008 provide justification as to why they are performance of the functions of the effective at neutralizing imported fire agency, including whether the (Pub. L No. 110–246, 112 Stat 1651, 448–49), amended the FMIA and the ant. In addition, we have prepared a information will have practical utility; supplemental environmental assessment (b) the accuracy of the agency’s estimate PPIA by adding sections 12 and 13 to the FMIA and by amending section 10 to update the existing environmental of burden including the validity of the assessment for imported fire ant methodology and assumptions used; (c) of the PPIA (21 U.S.C. 459). These sections require official establishments treatments. We are making the treatment ways to enhance the quality, utility and evaluation documents and the clarity of the information to be that believe, that product they have shipped or received, that may be supplemental environmental assessment collected; (d) ways to minimize the available for review and comment. burden of the collection of information misbranded or adulterated and has on those who are to respond, including entered into commerce are required to DATES: We will consider all comments through the use of appropriate notify the Secretary of Agriculture. that we receive on or before October 13, automated, electronic, mechanical, or Need and Use of the Information: 2015. other technological collection Official establishments are to document ADDRESSES: You may submit comments techniques or other forms of information each time they reassess their HACCP by either of the following methods: technology should be addressed to: Desk plans and make the reassessments • Federal eRulemaking Portal: Go to Officer for Agriculture, Office of available to FSIS officials for review and http://www.regulations.gov/ Information and Regulatory Affairs, copying. Official establishments are to #!docketDetail;D=APHIS-2015-0046. Office of Management and Budget notify the FSIS District Office that they • Postal Mail/Commercial Delivery: (OMB), OIRA_Submission@ have received or have shipped into Send your comment to Docket No. OMB.EOP.GOV or fax (202) 395–5806 commerce misbranded or adulterated APHIS–2015–0046, Regulatory Analysis and to Departmental Clearance Office, product. The information collected will and Development, PPD, APHIS, Station USDA, OCIO, Mail Stop 7602, permit FSIS officials to monitor closely 3A–03.8, 4700 River Road Unit 118, Washington, DC 20250–7602. establishments HACCP plan Riverdale, MD 20737–1238. Comments regarding these information reassessments and to facilitate recalls or Supporting documents and any collections are best assured of having adulterated or misbranded product. comments we receive on this docket their full effect if received within 30 Description of Respondents: Business may be viewed at http:// days of this notification. Copies of the or other for-profit. www.regulations.gov/ submission(s) may be obtained by Number of Respondents: 6,300. #!docketDetail;D=APHIS-2015-0046 or calling (202) 720–8958. Frequency of Responses: Reporting: in our reading room, which is located in An agency may not conduct or On occasion. room 1141 of the USDA South Building, sponsor a collection of information Total Burden Hours: 47,475. 14th Street and Independence Avenue unless the collection of information SW., Washington, DC. Normal reading displays a currently valid OMB control Ruth Brown, room hours are 8 a.m. to 4:30 p.m., number and the agency informs Departmental Information Collection Monday through Friday, except potential persons who are to respond to Clearance Officer. holidays. To be sure someone is there to the collection of information that such [FR Doc. 2015–19637 Filed 8–10–15; 8:45 am] help you, please call (202) 799–7039 persons are not required to respond to BILLING CODE 3410–DM–P before coming.

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FOR FURTHER INFORMATION CONTACT: Mr. Health Inspection Service (APHIS) uses under FOR FURTHER INFORMATION Charles L. Brown, Imported Fire Ant ant bait products in conjunction with CONTACT. Quarantine Policy Manager, Plant chemical treatment to prevent the After the close of the comment period, Health Programs, PPQ, APHIS, 4700 artificial spread and dissemination of APHIS will publish a notice announcing River Road Unit 39, Riverdale, MD IFA. The quarantine requirements our final determination and, if 20737; (301) 851–2119. involve the use of chemical treatments appropriate, any changes we made as a SUPPLEMENTARY INFORMATION: The on commodities to insure that result of the comments. regulations in 7 CFR chapter III are shipments from nurseries, sod farms, Authority: 7 U.S.C. 7701–7772 and 7781– intended, among other things, to and field-growing nursery facilities are 7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, prevent the introduction or free of IFA. Changes in availability of 2.80, and 371.3. insecticides that are effective against dissemination of plant pests and Done in Washington, DC, this 5th day of noxious weeds into or within the United IFA, as well as ensuring a range of pest August 2015. management options, requires APHIS to States. Under the regulations, certain Kevin Shea, plants, fruits, vegetables, and other periodically evaluate new treatment options. Administrator, Animal and Plant Health articles must be treated before they may Inspection Service. be moved into the United States or Currently, ant bait products are used interstate. The phytosanitary treatments in conjunction with the application of a [FR Doc. 2015–19700 Filed 8–10–15; 8:45 am] regulations contained in part 305 of 7 chlorpyrifos (insecticide) drench BILLING CODE 3410–34–P CFR chapter III (referred to below as the treatment to prevent the artificial spread of IFA. Although effective, we have regulations) set out standards for DEPARTMENT OF AGRICULTURE treatments required in parts 301, 318, determined that it is necessary to modify the technique used to apply and 319 of 7 CFR chapter III for fruits, Animal and Plant Health Inspection drench treatment to increase the vegetables, and other articles. Service Section 305.3 of the regulations sets effectiveness of the treatment. In forth a notice-based process for adding, addition, we are adding two options to [Docket No. APHIS–2013–0031] revising, and removing the treatments the list of insecticidal baits that are from the Plant Protection and already approved for use for IFA. The Feral Swine Damage Management Quarantine (PPQ) 1 Treatment Manual. additional insecticidal baits are being Final Environmental Impact Statement; In that section, paragraph (b) sets out added to provide a broader range of Record of Decision the process for adding, revising, or chemical treatment options and are not removing treatment schedules when being proposed as additional treatments AGENCY: Animal and Plant Health there is an immediate need to make a beyond what is currently required in the Inspection Service, USDA. change. The circumstances in which an quarantine program. Both products have ACTION: Notice. immediate need exists are described in commercial uses in nurseries and will SUMMARY: § 305.3(b)(1). give growers additional options for the This notice advises the public • PPQ has determined that an bait treatment of field grown nursery of the Animal and Plant Health approved treatment schedule is stock or for use in the imported fire ant Inspection Service’s record of decision ineffective at neutralizing the targeted detection, control, exclusion, and for the final environmental impact plant pest(s); enforcement program for nurseries statement titled ‘‘Feral Swine Damage • PPQ has determined that, in order producing containerized plants (7 CFR Management: A National Approach.’’ to neutralize the targeted plant pest(s), 301.81–11). DATES: Effective August 11, 2015. the treatment schedule must be Therefore, APHIS has added two ADDRESSES: You may read the final administered using a different process additional insecticidal baits, Abamectin environmental impact statement and the than was previously used; and Metaflumizone, to the list of record of decision in our reading room. • PPQ has determined that a new chemicals already allowed in the IFA The reading room is located in room treatment schedule is effective, based on program and modified a drench 1141 of the USDA South Building, 14th efficacy data, and that ongoing trade in treatment (Chlorpyrifos) for balled-and- Street and Independence Avenue SW., an article or articles may be adversely burlapped nursery stock for use in Washington, DC. Normal reading room impacted unless the new treatment control of IFA. hours are 8 a.m. to 4:30 p.m., Monday The reasons for these changes are schedule is approved for use; or through Friday, except holidays. To be • further described in two treatment The use of a treatment schedule is sure someone is there to help you, evaluation documents (TEDs) we have no longer authorized by the U.S. please call (202) 799–7039 before prepared to support this action. In Environmental Protection Agency or by coming. any other Federal entity. addition, we have prepared a supplemental environmental assessment The record of decision, final In order to limit the artificial spread environmental impact statement, and of the imported fire ant (IFA), domestic (EA) to include the human and environmental impacts that can be supporting information may also be movement of all nursery stock found by visiting the APHIS feral swine (containerized or balled-and-burlapped) reasonably expected to occur as a result of the new treatment options available environmental impact statement Web and grass sod from IFA-infested areas of page at www.aphis.usda.gov/wildlife- the United States to uninfested areas is for controlling IFA; as described in the new treatment evaluation documents. damage/fseis. To obtain copies of the regulated under 7 CFR 301.81–2. documents, contact the person listed Specifically, the Animal and Plant The TEDs and supplemental EA may be viewed on the Regulations.gov Web site under FOR FURTHER INFORMATION CONTACT. 1 The PPQ Treatment Manual is available at or in our reading room (see ADDRESSES http://www.aphis.usda.gov/import_export/plants/ above for a link to Regulations.gov and FOR FURTHER INFORMATION CONTACT: Dr. manuals/index.shtml or by contacting the Animal information on the location and hours of Kimberly Wagner, USDA–APHIS and Plant Health Inspection Service, Plant Protection and Quarantine, Manuals Unit, 92 the reading room). You may also request Wildlife Services, 732 Lois Drive, Sun Thomas Johnson Drive, Suite 200, Frederick, MD paper copies of the TEDs and EA by Prairie, WI; (608) 837–2737; 21702. calling or writing to the person listed [email protected].

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SUPPLEMENTARY INFORMATION: On June regulations of the Council on ACTION: Notice and Opportunity for 12, 2015, the U.S. Environmental Environmental Quality for Public Comment. Protection Agency (EPA) published in implementing the procedural provisions the Federal Register (80 FR 33519, of NEPA (40 CFR parts 1500–1508); (3) Pursuant to Section 251 of the Trade Document No. 2015–14435) a notice of USDA regulations implementing NEPA Act 1974, as amended (19 U.S.C. 2341 the availability of a final environmental (7 CFR part 1b); and (4) APHIS’ NEPA et seq.), the Economic Development impact statement (FEIS) by the Animal Implementing Procedures (7 CFR part Administration (EDA) has received and Plant Health Inspection Service 372). petitions for certification of eligibility to (APHIS) titled ‘‘Feral Swine Damage Done in Washington, DC, this 5th day of apply for Trade Adjustment Assistance Management: A National Approach.’’ August 2015. Under the National Environmental from the firms listed below. Kevin Shea, Policy Act (NEPA) implementing Accordingly, EDA has initiated regulations in 40 CFR 1506.10, with Administrator, Animal and Plant Health investigations to determine whether Inspection Service. limited exceptions, an Agency must increased imports into the United States wait a minimum of 30 days after [FR Doc. 2015–19699 Filed 8–10–15; 8:45 am] of articles like or directly competitive publication of the EPA’s notice of an BILLING CODE 3410–34–P with those produced by each of these FEIS before issuing a record of decision firms contributed importantly to the regarding actions covered by that FEIS. total or partial separation of the firm’s Accordingly, this notice advises the DEPARTMENT OF COMMERCE workers, or threat thereof, and to a public that the waiting period has decrease in sales or production of each Economic Development Administration elapsed, and APHIS has issued a record petitioning firm. of decision to implement the preferred Notice of Petitions by Firms For alternative described in the FEIS titled Determination of Eligibility To Apply ‘‘Feral Swine Damage Management: A for Trade Adjustment Assistance National Approach.’’ APHIS’ record of decision has been AGENCY: Economic Development prepared in accordance with: (1) NEPA, Administration, Department of as amended (42 U.S.C. 4321 et seq.); (2) Commerce.

LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE [7/31/2015 through 8/5/2015]

Date accepted for Firm name Firm address investigation Product(s)

Custom Engineering 2800 McClelland Avenue, Erie, PA 16514 ...... 8/5/2015 The firm manufactures medium to heavy steel Company. platens, fabrications and hydraulic press components. Relius Medical, LLC...... 615 Wooten Road, Suite 150, Colorado 8/4/2015 The firm manufactures orthopedic devices pro- Springs, CO 80915. duced from various high performance metal alloys. Propac Images, Inc ...... 1292 Wagner Drive, Albertville, AL 35950 ...... 8/4/2015 The firm manufactures framed art, mirrors, and canvas art. American Grass Seed 32345 McLagan Drive , Tangent, OR 97398 .... 8/5/2015 The firm produces grass seed. Producers, Inc. del Carmen, LLC ...... 800 North Tucker Street St., Louis, MO 63101 8/5/2015 The firm produces pre-cooked pre-packed black bean food products.

Any party having a substantial Dated: August 5, 2015. requesting subzone status subject to the interest in these proceedings may Michael S. DeVillo, existing activation limit of FTZ 61 on request a public hearing on the matter. Eligibility Examiner. behalf of Parapiezas Corporation. A written request for a hearing must be [FR Doc. 2015–19670 Filed 8–10–15; 8:45 am] Pursuant to an application amendment submitted to the Trade Adjustment BILLING CODE 3510–WH–P in October 2013, the subzone would Assistance for Firms Division, Room consist of one site in Catan˜ o, Puerto 71030, Economic Development Rico. Administration, U.S. Department of DEPARTMENT OF COMMERCE The amended application was Commerce, Washington, DC 20230, no processed in accordance with the FTZ Foreign-Trade Zones Board later than ten (10) calendar days Act and Regulations, including notices following publication of this notice. in the Federal Register inviting public [S–65–2013] comment (78 FR 28800, 5–16–2013; 78 Please follow the requirements set FR 75332, 12–11–2013). The FTZ staff forth in EDA’s regulations at 13 CFR Approval of Subzone Status, Parapiezas Corporation, Catan˜ o, examiner reviewed the amended 315.9 for procedures to request a public Puerto Rico application and determined that it hearing. The Catalog of Federal meets the criteria for approval. Domestic Assistance official number On May 9, 2013, the Executive Pursuant to the authority delegated to and title for the program under which Secretary of the Foreign-Trade Zones the FTZ Board’s Executive Secretary (15 these petitions are submitted is 11.313, (FTZ) Board docketed an application CFR Sec. 400.36(f)), the amended Trade Adjustment Assistance for Firms. submitted by the Puerto Rico Trade & application to establish Subzone 61P is Export Company, grantee of FTZ 61, approved, subject to the FTZ Act and

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the Board’s regulations, including application submitted by the Puerto preliminarily finds that five of the six Section 400.13, and further subject to Rico Trade & Export Company, grantee companies under review have not FTZ 61’s 1,821.07-acre activation limit. of FTZ 61, requesting subzone status demonstrated their eligibility for Dated: August 6, 2015. subject to the existing activation limit of separate rate status, and are part of the PRC-wide entity. The Department Andrew McGilvray, FTZ 61 on behalf of Autogermana, Inc., in San Juan, Puerto Rico. The applicant preliminarily finds that one of the Executive Secretary. also requested removal of Site 22 of FTZ companies under review made no [FR Doc. 2015–19709 Filed 8–10–15; 8:45 am] 61 following a transition period to allow shipments of subject merchandise BILLING CODE 3510–DS–P merchandise to be transferred to the during the POR. new subzone. FOR FURTHER INFORMATION CONTACT: The application was processed in Patrick O’Connor, AD/CVD Operations, DEPARTMENT OF COMMERCE accordance with the FTZ Act and Office IV, Enforcement & Compliance, Foreign-Trade Zones Board Regulations, including notice in the International Trade Administration, Federal Register inviting public U.S. Department of Commerce, 14th [S–88–2015] comment (80 FR 34619, 6–17–2015). Street and Constitution Avenue NW., The FTZ staff examiner reviewed the Washington, DC 20230; telephone: (202) Approval of Expansion of Subzone application and determined that it 482–0989. 22N; Michelin North America, Inc.; meets the criteria for approval. SUPPLEMENTARY INFORMATION: Wilmington, Illinois Pursuant to the authority delegated to Scope of the Order On June 9, 2015, the Executive the FTZ Board’s Executive Secretary (15 Secretary of the Foreign-Trade Zones CFR Sec. 400.36(f)), the application to The product covered by the order is (FTZ) Board docketed an application establish Subzone 61Q and to remove certain cut-to-length carbon steel plate submitted by the Illinois International Site 22 of FTZ 61 after a 45-day from the PRC.2 This merchandise is Port District, grantee of FTZ 22, on transition period (i.e., on September 21, currently classified in the Harmonized behalf of Michelin North America, Inc., 2015) is approved, subject to the FTZ Tariff Schedule of the United States requesting an expansion of Subzone Act and the Board’s regulations, (‘‘HTSUS’’) under item numbers 22N in Wilmington, Illinois subject to including Section 400.13, and further 7208.40.3030, 7208.40.3060, the existing activation limit of FTZ 22 subject to FTZ 61’s 1,821.07-acre 7208.51.0030, 7208.51.0045, and also requesting the removal of activation limit. 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, existing Site 1 of the subzone following Dated: August 6, 2015. a transition period. 7210.70.3000, 7212.40.5000, and Andrew McGilvray, 7212.50.0000. Although the HTSUS The application was processed in Executive Secretary. accordance with the FTZ Act and subheadings are provided for [FR Doc. 2015–19707 Filed 8–10–15; 8:45 am] Regulations, including notice in the convenience and customs purposes, the Federal Register inviting public BILLING CODE 3510–DS–P written description of the scope of the comment (80 FR 34140, 6–15–2015). order is dispositive. The FTZ staff examiner reviewed the DEPARTMENT OF COMMERCE Methodology application and determined that it The Department conducted this meets the criteria for approval. Pursuant International Trade Administration review in accordance with section to the authority delegated to the FTZ [A–570–849] 751(a)(1)(B) of the Tariff Act of 1930, as Board Executive Secretary (15 CFR Sec. amended (‘‘the Act’’). For a full 400.36(f)), the application to expand Certain Cut-to-Length Carbon Steel discussion of the decisions taken in Subzone 22N to include an additional Plate From the People’s Republic of these preliminary results, see the site and to terminate existing Site 1 on China: Preliminary Results of Preliminary Results Decision January 31, 2016 is approved, subject to Antidumping Administrative Review Memorandum. The Preliminary Results the FTZ Act and the Board’s regulations, and Preliminary Determination of No Decision Memorandum is a public including Section 400.13, and further Shipments; 2013–2014 document and is on file electronically subject to FTZ 22’s 2,000-acre activation via Enforcement and Compliance’s limit. AGENCY: Enforcement and Compliance, Antidumping and Countervailing Duty Dated: August 5, 2015. International Trade Administration, Centralized Electronic Service System Andrew McGilvray, Department of Commerce. (‘‘ACCESS’’). ACCESS is available to Executive Secretary. DATES: Effective Date: August 11, 2015. registered users at http:// SUMMARY: [FR Doc. 2015–19708 Filed 8–10–15; 8:45 am] The Department of Commerce access.trade.gov and is available to all (‘‘Department’’) is conducting an BILLING CODE 3510–DS–P parties in the Central Records Unit, administrative review of the room B8024 of the main Department of antidumping duty order on certain cut- Commerce building. In addition, a DEPARTMENT OF COMMERCE to-length carbon steel plate (‘‘CTL complete version of the Preliminary plate’’) from the People’s Republic of Foreign-Trade Zones Board China (‘‘PRC’’) for the period of review Jiangyin Xingcheng Plastic Chemical Co., Ltd. (‘‘POR’’) November 1, 2013, through (‘‘Jiangyin Plastic’’); Jiangyin Xingcheng Special [S–89–2015] Steel Works Co., Ltd. (‘‘Jiangyin Steel’’); Wuyang October 31, 2014. This review covers six Iron & Steel Co, Ltd. (‘‘Wuyang Iron’’); and Xiamen 1 Approval of Subzone Status; PRC companies. The Department C&D Paper & Pulp Co., Ltd. (‘‘Xiamen Paper’’). Autogermana, Inc.; San Juan, Puerto 2 See Decision Memorandum for the Preliminary 1 See Initiation of Antidumping and Results of the Antidumping Duty Administrative Rico Countervailing Duty Administrative Reviews, 79 FR Review of Certain Cut-to-Length Carbon Steel Plate 76956 (December 23, 2014) (‘‘Initiation Notice’’). from the People’s Republic of China, issued On June 11, 2015, the Acting The companies under review are as follows: Hebei concurrently with this notice, for a complete Executive Secretary of the Foreign- Iron & Steel Co., Ltd. (‘‘Hebei Iron’’); Hunan Valin description of the Scope of the Order (‘‘Preliminary Trade Zones (FTZ) Board docketed an Xiangtan Iron & Steel Co., Ltd. (‘‘Hunan Valin’’); Results Decision Memorandum’’).

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Results Decision Memorandum can be Preliminary Results of Review Assessment Rates accessed directly on the Internet at Upon issuance of the final results, the http://enforcement.trade.gov/frn//. The The Department preliminarily determines that Hebei Iron; Hunan Department will determine, and CBP signed Preliminary Results Decision shall assess, antidumping duties on all Memorandum and the electronic Valin; Jiangyin Plastic; Jiangyin Steel; and Xiamen Paper are not eligible for appropriate entries covered by this versions of the Preliminary Results 9 separate rates status. Moreover, the review. The Department intends to Decision Memorandum are identical in issue assessment instructions to CBP 15 content. Department preliminarily determines that Wuyang Iron did not have days after the publication date of the Separate Rates reviewable transactions during the POR. final results of this review. The Department intends to instruct CBP to The following companies failed to Public Comment submit a separate rate application or liquidate any entries of subject merchandise from Hebei Iron, Hunan separate rate certification: Hebei Iron; Interested parties are invited to Valin; Jiangyin Plastic, Jiangyin Steel, Hunan Valin; Jiangyin Plastic; Jiangyin comment on the preliminary results and and Xiamen Paper, at 128.59 percent Steel; and Xiamen Paper. Therefore, the may submit case briefs and/or written Department preliminarily determines (the PRC-wide rate). comments, filed electronically using Additionally, pursuant to the that these companies have not ACCESS, within 30 days of the date of Department’s practice in NME cases, if demonstrated their eligibility for publication of this notice, pursuant to we continue to determine that Wuyang separate rate status and are part of the 19 CFR 351.309(c)(1)(ii). Rebuttal briefs, Iron had no shipments of subject PRC-wide entity.3 The PRC-wide entity limited to issues raised in the case merchandise, any suspended entries of rate is 128.59 percent. briefs, will be due five days after the subject merchandise from Wuyang Iron Preliminary Determination of No- due date for case briefs, pursuant to 19 will be liquidated at the PRC-wide Shipments CFR 351.309(d). Parties who submit rate.10 case or rebuttal briefs in this review are Wuyang Iron submitted a timely-filed requested to submit with each argument Cash Deposit Requirements certification that it had no exports, a statement of the issue, a summary of The following cash deposit sales, or entries of subject merchandise the argument not to exceed five pages, requirements will be effective upon during the POR,4 and a query of U.S. and a table of statutes, regulations, and publication of the final results of this Customs and Border Protection (‘‘CBP’’) cases cited, in accordance with 19 CFR administrative review for all shipments data did not show any POR entries of 351.309(c)(2). of the subject merchandise entered, or Wuyang Iron’s subject merchandise.5 In Pursuant to 19 CFR 351.310(c), withdrawn from warehouse, for addition, CBP did not identify any interested parties, who wish to request consumption on or after the publication entries of subject merchandise from a hearing must submit a written request date of the final results of review, as Wuyang Iron during the POR in to the Assistant Secretary for provided by section 751(a)(2)(C) of the response to an inquiry from the Enforcement and Compliance, U.S. Act: (1) For previously investigated or Department asking CBP for such Department of Commerce, filed reviewed PRC and non-PRC exporters information.6 Based on the foregoing, electronically using ACCESS. which are not under review in this the Department preliminarily Electronically filed case briefs/written segment of the proceeding but which determines that Wuyang Iron did not comments and hearing requests must be have separate rates, the cash deposit rate have any reviewable transactions during received successfully in their entirety by will continue to be the exporter-specific the POR. For additional information the Department’s electronic records rate published for the most recent regarding this determination, see the system, ACCESS, by 5 p.m. Eastern period; (2) for all PRC exporters of Preliminary Results Decision Time, within 30 days after the date of subject merchandise that have not been Memorandum. 8 Consistent with an announced publication of this notice. Hearing found to be entitled to a separate rate, refinement to its assessment practice in requests should contain: (1) The party’s including Hebei Iron; Hunan Valin; NME cases, the Department is not name, address and telephone number; Jiangyin Plastic; Jiangyin Steel; and rescinding this administrative review (2) the number of participants; and (3) Xiamen Paper, the cash deposit rate will for Wuyang Iron, but intends to a list of issues to be discussed. Issues be the PRC-wide rate of 128.59 percent; complete the review and issue raised in the hearing will be limited to and (3) for all non-PRC exporters of appropriate instructions to CBP based those issues raised in the respective case subject merchandise which have not on the final results of the review.7 briefs. If a request for a hearing is made, received their own rate, the cash deposit parties will be notified of the time and rate will be the rate applicable to the 3 See Initiation Notice, 79 FR 76956, 76957 (‘‘All date of the hearing which will be held PRC exporter(s) that supplied that non- firms listed below that wish to qualify for separate at the U.S. Department of Commerce, PRC exporter. These deposit rate status in the administrative reviews involving 1401 Constitution Avenue NW., requirements, when imposed, shall NME countries must complete, as appropriate, Washington DC 20230. remain in effect until further notice. either a separate rate application or certification . . .’’). Unless extended, the Department Notification to Importers 4 See Letter from Wuyang Iron to the Department, intends to issue the final results of this This notice also serves as a Re: ‘‘Administrative Review of Certain Cut-to- administrative review, including the Length Carbon Steel Plate from China: Wuyang Iron preliminary reminder to importers of results of its analysis of the issues raised & Steel’s No Shipment Letter,’’ dated January 12, their responsibility under 19 CFR in any written briefs, not later than 120 2015. 351.402(f)(2) to file a certificate 5 See Memorandum from Patrick O’Connor, days after the date of publication of this regarding the reimbursement of International Trade Compliance Analyst, to the File, notice, pursuant to section 751(a)(3)(A) Re: ‘‘Results of Customs and Border Protection of the Act. Query,’’ dated January 9, 2015. 9 See 19 CFR 351.212(b)(1). 6 See CBP Message Number 5173301 dated June 10 For a full discussion of this practice, see Non- 22, 2015. FR 65694, 65694–95 (October 24, 2011) and the Market Economy Antidumping Proceedings: 7 See Non-Market Economy Antidumping ‘‘Assessment Rates’’ section, below. Assessment of Antidumping Duties, 76 FR 65694 Proceedings: Assessment of Antidumping Duties, 76 8 See 19 CFR 351.310(c). (October 24, 2011).

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antidumping duties prior to liquidation Accordingly, we intend to revoke, in groups, or bedrooms, in which all of the of the relevant entries during this part, the Order as to imports of jewelry individual pieces are of approximately review period. Failure to comply with armoires with at least one front door. the same style and approximately the this requirement could result in the The Department invites interested same material and/or finish. The subject Department’s presumption that parties to comment on these preliminary merchandise is made substantially of reimbursement of antidumping duties results. wood products, including both solid occurred and the subsequent assessment DATES: Effective Date: August 11, 2015. wood and also engineered wood of double antidumping duties. FOR FURTHER INFORMATION CONTACT: products made from wood particles, We are issuing and publishing these Patrick O’Connor or Howard Smith, AD/ fibers, or other wooden materials such results in accordance with sections CVD Operations, Office IV, Enforcement as plywood, strand board, particle 751(a)(1) and 777(i)(1) of the Act and 19 and Compliance, International Trade board, and fiberboard, with or without CFR 351.213. Administration, U.S. Department of wood veneers, wood overlays, or Dated: August 3, 2015. Commerce, 14th Street and Constitution laminates, with or without non-wood Ronald K. Lorentzen, Avenue NW., Washington, DC 20230; components or trim such as metal, Acting Assistant Secretary for Enforcement telephone: (202) 482–0989 or (202) 482– marble, leather, glass, plastic, or other and Compliance. 5193, respectively. resins, and whether or not assembled, completed, or finished. Appendix—List of Topics Discussed in Background The subject merchandise includes the the Preliminary Results Decision On January 4, 2005, the Department Memorandum following items: (1) Wooden beds such published the Order in the Federal as loft beds, bunk beds, and other beds; Summary Register. On February 13, 2015, the (2) wooden headboards for beds Background Department received a request on behalf (whether stand-alone or attached to side Scope of the Order of Pier 1 Imports (U.S.), Inc. (‘‘Pier Discussion of the Methodology rails), wooden footboards for beds, One’’) for a changed circumstances wooden side rails for beds, and wooden Companies that Have Not Demonstrated review to revoke, in part, the Order with Eligibility for Separate Rate Status canopies for beds; (3) night tables, night respect to jewelry armoires with at least stands, dressers, commodes, bureaus, Preliminary Determination of No Shipments one front door.2 On March 11, 2015, the Allegation of Duty Evasion mule chests, gentlemen’s chests, Recommendation American Furniture Manufacturers bachelor’s chests, lingerie chests, Committee for Legal Trade and wardrobes, vanities, chessers, [FR Doc. 2015–19710 Filed 8–10–15; 8:45 am] Vaughan-Bassett Furniture Company, BILLING CODE 3510–DS–P chifforobes, and wardrobe-type cabinets; Inc. (collectively, ‘‘Petitioners’’) stated (4) dressers with framed glass mirrors that they agree with the scope exclusion 3 that are attached to, incorporated in, sit DEPARTMENT OF COMMERCE language proposed by Pier One. on, or hang over the dresser; (5) chests- On April 2, 2015, we published the on-chests,5 highboys,6 lowboys,7 chests Initiation Notice in the Federal International Trade Administration of drawers,8 chests,9 door chests,10 Register.4 Because the statement chiffoniers,11 hutches,12 and armoires;13 [A–570–890] submitted by Petitioners in support of Pier One’s Request did not indicate Wooden Bedroom Furniture From the 5 A chest-on-chest is typically a tall chest-of- whether Petitioners account for People’s Republic of China: drawers in two or more sections (or appearing to be substantially all of the domestic wooden Preliminary Results of Changed in two or more sections), with one or two sections bedroom furniture production, in the mounted (or appearing to be mounted) on a slightly Circumstances Review, and Intent To Initiation Notice, we invited interested larger chest; also known as a tallboy. Revoke Antidumping Duty Order in 6 parties to submit comments concerning A highboy is typically a tall chest of drawers Part usually composed of a base and a top section with industry support for the revocation in drawers, and supported on four legs or a small chest AGENCY: Enforcement and Compliance, part, as well as comments and/or factual (often 15 inches or more in height). International Trade Administration, information regarding the changed 7 A lowboy is typically a short chest of drawers, Department of Commerce. circumstances review. No comments not more than four feet high, normally set on short legs. SUMMARY: On February 13, 2015, the were submitted by any party. 8 A chest of drawers is typically a case containing Department of Commerce (the Scope of the Order drawers for storing clothing. ‘‘Department’’) received a request for 9 A chest is typically a case piece taller than it revocation, in part, of the antidumping The product covered by the order is is wide featuring a series of drawers and with or duty (‘‘AD’’) order on wooden bedroom wooden bedroom furniture. Wooden without one or more doors for storing clothing. The bedroom furniture is generally, but not piece can either include drawers or be designed as furniture from the People’s Republic of a large box incorporating a lid. 1 exclusively, designed, manufactured, China (‘‘PRC’’) with respect to jewelry 10 A door chest is typically a chest with hinged armoires that have at least one front and offered for sale in coordinated doors to store clothing, whether or not containing door. We preliminarily determine that drawers. The piece may also include shelves for the producers accounting for 2 See Submission from Pier One, ‘‘Wooden televisions and other entertainment electronics. Bedroom Furniture From the People’s Republic of 11 A chiffonier is typically a tall and narrow chest substantially all of the production of the China; Request for a Changed Circumstance Review of drawers normally used for storing undergarments domestic like product to which the as to Certain Additional Jewelry Armoires,’’ dated and lingerie, often with mirror(s) attached. Order pertains lack interest in the relief February 13, 2015 (‘‘Pier One’s Request’’). 12 A hutch is typically an open case of furniture provided by the Order with respect to 3 See March 11, 2015 letter from King & Spalding with shelves that typically sits on another piece of jewelry armoires that have at least one Re: Wooden Bedroom Furniture From The People’s furniture and provides storage for clothes. Republic of China/Petitioners’ Response to Pier 1 13 An armoire is typically a tall cabinet or front door as described below. Imports’ Letter of February 13, 2015. wardrobe (typically 50 inches or taller), with doors, 4 See Wooden Bedroom Furniture from the and with one or more drawers (either exterior below 1 See Notice of Amended Final Determination of People’s Republic of China: Notice of Initiation of or above the doors or interior behind the doors), Sales at Less Than Fair Value and Antidumping Changed Circumstances Review, and Consideration shelves, and/or garment rods or other apparatus for Duty Order: Wooden Bedroom Furniture From the of Revocation of the Antidumping Duty Order in storing clothes. Bedroom armoires may also be used People’s Republic of China, 70 FR 329 (January 4, Part, 80 FR 17719 (April 2, 2015) (‘‘Initiation to hold television receivers and/or other audio- 2005) (‘‘Order’’). Notice’’). visual entertainment systems.

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(6) desks, computer stands, filing mirrors; 16 (11) certain metal parts; 17 major sections: (1) A metal wall frame, cabinets, book cases, or writing tables (12) mirrors that do not attach to, which attaches to the wall and uses that are attached to or incorporated in incorporate in, sit on, or hang over a coils or pistons to support the metal the subject merchandise; and (7) other dresser if they are not designed and mattress frame; (2) a metal frame, which bedroom furniture consistent with the marketed to be sold in conjunction with has euro slats for supporting a mattress above list. a dresser as part of a dresser-mirror set; and two legs that pivot; and (3) wood (13) upholstered beds; 18 and (14) toy panels, which attach to the metal wall The scope of the order excludes the boxes.19 Also excluded from the scope frame and/or the metal mattress frame to following items: (1) Seats, chairs, are certain enclosable wall bed units, form a cabinet to enclose the wall bed benches, couches, sofas, sofa beds, also referred to as murphy beds, which when not in use. Excluded enclosable stools, and other seating furniture; (2) are composed of the following three wall bed units are imported in ready-to- mattresses, mattress supports (including assemble format with all parts necessary box springs), infant cribs, water beds, 16 Cheval mirrors are any framed, tiltable mirror for assembly. Enclosable wall bed units and futon frames; (3) office furniture, with a height in excess of 50 inches that is mounted do not include a mattress. Wood panels such as desks, stand-up desks, computer on a floor-standing, hinged base. Additionally, the scope of the order excludes combination cheval of enclosable wall bed units, when cabinets, filing cabinets, credenzas, and mirror/jewelry cabinets. The excluded merchandise imported separately, remain subject to bookcases; (4) dining room or kitchen is an integrated piece consisting of a cheval mirror, the order. furniture such as dining tables, chairs, i.e., a framed tiltable mirror with a height in excess of 50 inches, mounted on a floor-standing, hinged Also excluded from the scope are servers, sideboards, buffets, corner base, the cheval mirror serving as a door to a certain shoe cabinets 31.5–33.5 inches cabinets, china cabinets, and china cabinet back that is integral to the structure of the wide by 15.5–17.5 inches deep by 34.5– hutches; (5) other non-bedroom mirror and which constitutes a jewelry cabinet line 36.5 inches high. They are designed with fabric, having necklace and bracelet hooks, furniture, such as television cabinets, mountings for rings and shelves, with or without a strictly to store shoes, which are cocktail tables, end tables, occasional working lock and key to secure the contents of the intended to be aligned in rows tables, wall systems, book cases, and jewelry cabinet back to the cheval mirror, and no perpendicular to the wall along which drawers anywhere on the integrated piece. The fully entertainment systems; (6) bedroom assembled piece must be at least 50 inches in the cabinet is positioned. Shoe cabinets furniture made primarily of wicker, height, 14.5 inches in width, and 3 inches in depth. do not have drawers, rods, or other cane, osier, bamboo or rattan; (7) side See Wooden Bedroom Furniture From the People’s indicia for the storage of clothing other Republic of China: Final Changed Circumstances than shoes. The cabinets are not rails for beds made of metal if sold Review and Determination To Revoke Order in Part, separately from the headboard and 72 FR 948 (January 9, 2007). designed, manufactured, or offered for footboard; (8) bedroom furniture in 17 Metal furniture parts and unfinished furniture sale in coordinated groups or sets and which bentwood parts predominate; 14 parts made of wood products (as defined above) are made substantially of wood, have (9) jewelry armories; 15 (10) cheval that are not otherwise specifically named in this two to four shelves inside them, and are scope (i.e., wooden headboards for beds, wooden covered by doors. The doors often have footboards for beds, wooden side rails for beds, and wooden canopies for beds) and that do not possess blinds that are designed to allow air the essential character of wooden bedroom circulation and release of bad odors. furniture in an unassembled, incomplete, or The doors themselves may be made of unfinished form. Such parts are usually classified wood or glass. The depth of the shelves under HTSUS subheadings 9403.90.7005, 9403.90.7010, or 9403.90.7080. does not exceed 14 inches. Each shoe 18 Upholstered beds that are completely cabinet has doors, adjustable shelving, upholstered, i.e., containing filling material and and ventilation holes. completely covered in sewn genuine leather, Imports of subject merchandise are synthetic leather, or natural or synthetic decorative fabric. To be excluded, the entire bed (headboards, classified under subheadings footboards, and side rails) must be upholstered 9403.50.9042 and 9403.50.9045 of the except for bed feet, which may be of wood, metal, HTSUS as ‘‘wooden . . . beds’’ and or any other material and which are no more than under subheading 9403.50.9080 of the nine inches in height from the floor. See Wooden Bedroom Furniture from the People’s Republic of HTSUS as ‘‘other . . . wooden furniture China: Final Results of Changed Circumstances of a kind used in the bedroom.’’ In Review and Determination to Revoke Order in Part, addition, wooden headboards for beds, 14 As used herein, bentwood means solid wood 72 FR 7013 (February 14, 2007). wooden footboards for beds, wooden made pliable. Bentwood is wood that is brought to 19 To be excluded the toy box must: (1) Be wider a curved shape by bending it while made pliable than it is tall; (2) have dimensions within 16 inches side rails for beds, and wooden canopies with moist heat or other agency and then set by to 27 inches in height, 15 inches to 18 inches in for beds may also be entered under cooling or drying. See CBP’s Headquarters Ruling depth, and 21 inches to 30 inches in width; (3) have subheading 9403.50.9042 or Letter 043859, dated May 17, 1976. a hinged lid that encompasses the entire top of the 9403.50.9045 of the HTSUS as ‘‘parts of 15 Any armoire, cabinet or other accent item for box; (4) not incorporate any doors or drawers; (5) have slow-closing safety hinges; (6) have air vents; wood.’’ Subject merchandise may also the purpose of storing jewelry, not to exceed 24 (7) have no locking mechanism; and (8) comply be entered under subheadings inches in width, 18 inches in depth, and 49 inches with American Society for Testing and Materials 9403.50.9041, 9403.60.8081, in height, including a minimum of 5 lined drawers (‘‘ASTM’’) standard F963–03. Toy boxes are boxes 9403.20.0018, or 9403.90.8041. Further, lined with felt or felt-like material, at least one side generally designed for the purpose of storing door (whether or not the door is lined with felt or children’s items such as toys, books, and framed glass mirrors may be entered felt-like material), with necklace hangers, and a flip- playthings. See Wooden Bedroom Furniture from under subheading 7009.92.1000 or top lid with inset mirror. See Issues and Decision the People’s Republic of China: Final Results of 7009.92.5000 of the HTSUS as ‘‘glass Memorandum from Laurel LaCivita to Laurie Changed Circumstances Review and Determination mirrors . . . framed.’’ The order covers Parkhill, Office Director, concerning ‘‘Jewelry to Revoke Order in Part, 74 FR 8506 (February 25, all wooden bedroom furniture meeting Armoires and Cheval Mirrors in the Antidumping 2009). Further, as determined in the scope ruling memorandum ‘‘Wooden Bedroom Furniture from the above description, regardless of Duty Investigation of Wooden Bedroom Furniture the People’s Republic of China: Scope Ruling on a tariff classification. Although the from the People’s Republic of China,’’ dated August White Toy Box,’’ dated July 6, 2009, the HTSUS subheadings are provided for 31, 2004. See also Wooden Bedroom Furniture From dimensional ranges used to identify the toy boxes the People’s Republic of China: Final Changed that are excluded from the wooden bedroom convenience and customs purposes, our Circumstances Review, and Determination To furniture order apply to the box itself rather than written description of the scope of this Revoke Order in Part, 71 FR 38621 (July 7, 2006). the lid. proceeding is dispositive.

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Scope of Changed Circumstances least 85 percent of U.S. production of As noted in the Initiation Notice, Pier Review the domestic like product.21 One requested the revocation of the On February 13, 2015, Pier One Order, in part, and supported its The scope of the order currently requested that the Department expedite request. In light of Pier One’s Request excludes certain jewelry armoires with the changed circumstances review.22 and the absence of any interested party at least one side door but does not The Department’s regulations do not comments received during the comment exclude jewelry armoires with at least specify a deadline for the issuance of period, we preliminarily conclude that one front door. Pier One proposes preliminary results of a changed changed circumstances warrant adding the phrase ‘‘or at least one front circumstances review, but provide that revocation of the Order, in part, because door’’ to the existing exclusion for the Department will issue the final the producers accounting for jewelry armoires. Thus, excluded results of review within 270 days after substantially all of the production of the jewelry armoires would be: ‘‘{A}ny the date on which the changed domestic like product to which the armoire, cabinet or other accent item for circumstances review is initiated, or Order pertains lack interest in the relief the purpose of storing jewelry, not to within 45 days if all parties to the provided by the Order with respect to exceed 24 inches in width, 18 inches in proceeding agree to the outcome of the the jewelry armoires that are the subject depth, and 49 inches in height, review.23 The Department did not issue of Pier One’s Request. including a minimum of 5 lined drawers a combined notice of initiation and Accordingly, we are notifying the lined with felt or felt-like material, at preliminary results because, as public of our intent to revoke the Order, least one side door or one front door discussed above, the statement provided in part, with respect to jewelry armoires (whether or not the door is lined with by Petitioners and offered in support of with at least one front door. We intend felt or felt-like material), with necklace Pier One’s Request did not indicate to carry out this revocation by stating hangers, and a flip-top lid with inset whether Petitioners account for that the scope of the order excludes any mirror.’’ substantially all domestic wooden armoire, cabinet or other accent item for bedroom furniture production.24 Thus, the purpose of storing jewelry, not to Preliminary Results of Changed the Department did not determine in the exceed 24 inches in width, 18 inches in Circumstances Review, and Intent To Initiation Notice that producers depth, and 49 inches in height, Revoke the Order, in Part accounting for substantially all of the including a minimum of 5 lined drawers production of the domestic like product lined with felt or felt-like material, at Pursuant to section 751(d)(1) of the lacked interest in the continued least one side door or one front door Tariff Act of 1930, as amended (the application of the Order as to certain (whether or not the door is lined with ‘‘Act’’), and 19 CFR 351.222(g), the jewelry armoires. Further, the felt or felt-like material), with necklace Department may revoke an AD order, in Department requested interested party hangers, and a flip-top lid with inset whole or in part, based on a review comments on the issue of domestic mirror. under section 751(b) of the Act (i.e., a industry support of a partial Public Comment changed circumstances review). Section revocation.25 Because the Department 751(b)(1) of the Act requires a changed received no comments concerning a lack Interested parties are invited to circumstances review to be conducted of industry support or opposing comment on these preliminary results in upon receipt of a request which shows initiation of the changed circumstances accordance with 19 CFR changed circumstances sufficient to review of the Order, the Department 351.309(c)(1)(ii). Written comments may warrant a review. Section 782(h)(2) of now preliminarily finds that producers be submitted no later than 14 days after the Act gives the Department the accounting for substantially all of the the date of publication of these authority to revoke an order if producers production of the domestic like product preliminary results. Rebuttals to written accounting for substantially all of the lack interest in the relief afforded by the comments, limited to issues raised in production of the domestic like product Order with respect to the jewelry such comments, may be filed no later have expressed a lack of interest in the armoires described in Pier One’s than seven days after the due date for order. 19 CFR 351.222(g) provides that Request. We will consider comments comments. All submissions must be the Department will conduct a changed from interested parties on these filed electronically using Enforcement circumstances review under 19 CFR preliminary results before issuing the and Compliance’s AD and 351.216, and may revoke an order (in final results of this review.26 Countervailing Duty Centralized whole or in part), if it concludes that (i) Electronic Service System (‘‘ACCESS’’). producers accounting for substantially 21 See Honey From Argentina; Antidumping and ACCESS is available to registered users all of the production of the domestic Countervailing Duty Changed Circumstances at http://access.trade.gov and in the Reviews; Preliminary Intent to Revoke Antidumping like product to which the order pertains Central Records Unit, Room B8024 of and Countervailing Duty Orders, 77 FR 67790, the main Department of Commerce have expressed a lack of interest in the 67791 (November 14, 2012), unchanged in Honey building. An electronically filed relief provided by the order, in whole or From Argentina; Final Results of Antidumping and document must be received successfully in part, or (ii) if other changed Countervailing Duty Changed Circumstances Reviews; Revocation of Antidumping and in its entirety by ACCESS, by 5 p.m. circumstances sufficient to warrant Countervailing Duty Orders, 77 FR 77029 Eastern Time on the day it is due. revocation exist. Both the Act and the (December 31, 2012)(‘‘Honey From Argentina’’). The Department will issue the final 22 See Pier One’s Request. Department’s regulations require that results of this changed circumstances ‘‘substantially all’’ domestic producers 23 19 CFR 351.216(e). 24 review, which will include its analysis express a lack of interest in the order for See Initiation Notice. 25 Id. of any written comments, no later than the Department to revoke the order, in 26 See, e.g., Honey From Argentina; Antidumping 270 days after the date on which this whole or in part.20 The Department has and Countervailing Duty Changed Circumstances review was initiated. interpreted ‘‘substantially all’’ to Reviews; Preliminary Intent to Revoke Antidumping If, in the final results of this review, represent producers accounting for at and Countervailing Duty Orders, 77 FR 67790, 67791 (November 14, 2012); Aluminum Extrusions the Department continues to determine From the People’s Republic of China: Preliminary 20 See section 782(h) of the Act and 19 CFR Results of Changed Circumstances Reviews, and Duty Orders in Part, 78 FR 66895 (November 7, 351.222(g). Intent to Revoke Antidumping and Countervailing 2013); see also 19 CFR 351.222(g)(1)(v).

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that changed circumstances warrant the CFR 665). The Special Coral Reef Puerto Rico Coastal Management revocation of the Order, in part, we will Ecosystem Fishing Permit is authorized Program. This document contains instruct U.S. Customs and Border under the Fishery Ecosystem Plans for corrections to that notice, regarding the Protection to liquidate without regard to American Samoa Archipelago, Hawaiian start time of the public meeting and the antidumping duties, and to refund any Archipelago, Mariana Archipelago, and date for which written comments will estimated antidumping duties, on all Pacific Remote Island Areas. The be accepted. unliquidated entries of the merchandise information in the logbooks is used to DATES: The second public meeting for covered by the revocation that are not obtain fish catch/fishing effort data on the Puerto Rico Coastal Management covered by the final results of an coral reef fishes and invertebrates Program will be held Wednesday, administrative review or automatic harvested in designated low-use marine September 2, and begin at 4:00 p.m. liquidation. protected areas and on those listed in local time at the Environmental The current requirement for cash the regulations as potentially-harvested Agencies Building, PR–8838 Km. 6.3, El deposits of estimated antidumping coral reef taxa in waters of the U.S. Cinco, Rio Piedras, San Juan, Puerto duties on all entries of subject exclusive economic zone in the western Rico. merchandise will continue unless until Pacific region. These data are needed to ADDRESSES: they are modified pursuant to the final determine the condition of the stocks, Written comments from results of this changed circumstances whether the current management interested parties are encouraged and review. measures are having the intended will be accepted until September 15, These preliminary results of review effects, and to evaluate the benefits and 2015. Please direct written comments to and notice are in accordance with costs of changes in management Carrie Hall, Evaluator, Planning and sections 751(b) and 777(i) of the Act and measures. The logbook information Performance Measurement Program, 19 CFR 351.221 and 19 CFR 351.222. includes interactions with protected NOAA Office for Coastal Management, species, including sea turtles, monk 1305 East-West Highway, 11th Floor, N/ Dated: July 31, 2015. OCM1, Room 11212, Silver Spring, Ronald K. Lorentzen, seals, and other marine mammals, which are used to monitor and respond Maryland 20910, or Carrie.Hall@ Acting Assistant Secretary for Enforcement noaa.gov. All other portions of the 16 and Compliance. to incidental takes of endangered and threatened marine species. July notice remain unchanged. [FR Doc. 2015–19711 Filed 8–10–15; 8:45 am] Affected Public: Business or other for- FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510–DS–P profit organizations; individuals or Carrie Hall, Evaluator, Planning and households. Performance Measurement Program, NOAA Office for Coastal Management, DEPARTMENT OF COMMERCE Frequency: On occasion. Respondent’s Obligation: Mandatory. NOS/NOAA, 1305 East-West Highway, National Oceanic and Atmospheric This information collection request 11th Floor, N/OCM1, Room 11212, Administration may be viewed at reginfo.gov. Follow Silver Spring, Maryland 20910, or the instructions to view Department of [email protected]. Submission for OMB Review; Commerce collections currently under (Federal Domestic Assistance Catalog 11.419 Comment Request review by OMB. Coastal Zone Management Program Written comments and Administration) The Department of Commerce will recommendations for the proposed Dated: August 4, 2015. submit to the Office of Management and information collection should be sent Budget (OMB) for clearance the within 30 days of publication of this Donna Rivelli, following proposal for collection of notice to OIRA_Submission@ Deputy Associate Assistant Administrator for information under the provisions of the omb.eop.gov or fax to (202) 395–5806. Management and CFO/CAO, Ocean Services Paperwork Reduction Act (44 U.S.C. and Coastal Zone Management, National Dated: August 6, 2015. Chapter 35). Oceanic and Atmospheric Administration. Agency: National Oceanic and Sarah Brabson, [FR Doc. 2015–19664 Filed 8–10–15; 8:45 am] Atmospheric Administration (NOAA). NOAA PRA Clearance Officer. BILLING CODE 3510–08P Title: Pacific Islands Region Coral [FR Doc. 2015–19671 Filed 8–10–15; 8:45 am] Reef Ecosystems Logbook and BILLING CODE 3510–22–P Reporting. DEPARTMENT OF COMMERCE OMB Control Number: 0648–0462. National Oceanic and Atmospheric Form Number(s): None. DEPARTMENT OF COMMERCE Administration Type of Request: Regular (extension of a currently approved information National Oceanic and Atmospheric Administration Proposed Information Collection; collection). Comment Request: Alaska Community Number of Respondents: 5. Evaluation of State Coastal Quota Entity (CQE) Program Average Hours per Response: Logbook Management Program reports, 30 minutes; transshipment AGENCY: National Oceanic and reports, 15 minutes; at-sea notifications, AGENCY: Office for Coastal Management, Atmospheric Administration (NOAA), 3 minutes. National Ocean Service, National Commerce. Burden Hours: 18. Oceanic and Atmospheric ACTION: Notice. Needs and Uses: This request is for Administration (NOAA), Commerce. extension of a current information ACTION: Notice of intent to evaluate: SUMMARY: The Department of collection. Correction. Commerce, as part of its continuing National Marine Fisheries Service effort to reduce paperwork and (NMFS) requires any United States SUMMARY: The NOAA Office for Coastal respondent burden, invites the general (U.S.) citizen issued a Special Coral Reef Management published a notice in the public and other Federal agencies to Ecosystem Fishing Permit to complete Federal Register on July 16, 2015, take this opportunity to comment on logbooks and submit them to NMFS (50 announcing its intent to evaluate the proposed and/or continuing information

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collections, as required by the Estimated Time per Response: 200 whether the information shall have Paperwork Reduction Act of 1995. hours, Application to become a CQE; 2 practical utility; (b) the accuracy of the DATES: Written comments must be hours for Application to transfer QS– agency’s estimate of the burden of the submitted on or before October 13, IFQ to or from CQE; 20 hours for proposed information collection; (c) 2015. Application for a CQE to receive a non- ways to enhance the quality, utility, and trawl LLP license; 1 hour for clarity of the information to be ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Application for Community Charter collected; and (d) ways to minimize the Paperwork Clearance Officer, Halibut Permit; 40 hours for CQE burden of the information collection on Department of Commerce, Room 6616, Annual Report; 1 hour for CQE LLP respondents, including through the use 14th and Constitution Avenue NW., Authorization Letter. of automated collection techniques or Washington, DC 20230 (or via the Estimated Total Annual Burden other forms of information technology. Internet at [email protected]). Hours: 1,908. DATES: Consideration will be given to all Estimated Total Annual Cost to FOR FURTHER INFORMATION CONTACT: comments received by October 13, 2015. Public: $683. Requests for additional information or ADDRESSES: You may submit comments, copies of the information collection IV. Request for Comments identified by docket number and title, by any of the following methods: instrument and instructions should be Comments are invited on: (a) Whether directed to Patsy A. Bearden, NMFS • Federal eRulemaking Portal: http:// the proposed collection of information www.regulations.gov. Follow the Alaska Region, (907) 586–7008, or is necessary for the proper performance [email protected]. instructions for submitting comments. of the functions of the agency, including • SUPPLEMENTARY INFORMATION: Mail: Department of Defense, Office whether the information shall have of the Deputy Chief Management I. Abstract practical utility; (b) the accuracy of the Officer, Directorate of Oversight and agency’s estimate of the burden This request is for extension of a Compliance, Regulatory and Audit (including hours and cost) of the currently approved information Matters Office, 9010 Defense Pentagon, collection. proposed collection of information; (c) Washington, DC 20301–9010. The Alaska Community Quota Entity ways to enhance the quality, utility, and Instructions: All submissions received (CQE) Program allocates to eligible clarity of the information to be must include the agency name, docket communities a portion of the quotas for collected; and (d) ways to minimize the number and title for this Federal groundfish, halibut, crab, and burden of the collection of information Register document. The general policy prohibited species in the Bering Sea and on respondents, including through the for comments and other submissions Aleutian Islands Management Area use of automated collection techniques from members of the public is to make (BSAI). Currently, there are 98 CQE or other forms of information these submissions available for public eligible communities (45 Individual technology. viewing on the Internet at http:// Fishing Quota (IFQ) and quota share Comments submitted in response to www.regulations.gov as they are (QS) halibut and sablefish, 32 charter this notice will be summarized and/or received without change, including any halibut, and 21 License Limitation included in the request for OMB personal identifiers or contact Program (LLP) communities), although approval of this information collection; information. only a few communities are currently they also will become a matter of public Any associated form(s) for this participating. The allocations provide record. collection may be located within this communities the means for starting or Dated: August 6, 2015. same electronic docket and downloaded supporting commercial fisheries Sarah Brabson, for review/testing. Follow the business activities that will result in an NOAA PRA Clearance Officer. instructions at http:// www.regulations.gov for submitting ongoing, regionally based, fisheries- [FR Doc. 2015–19672 Filed 8–10–15; 8:45 am] related economy. A non-profit corporate comments. Please submit comments on entity that meets specific criteria to BILLING CODE 3510–22–P any given form identified by docket receive transferred halibut or sablefish number, form number, and title. QS on behalf of an eligible community FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF DEFENSE To may lease the resulting IFQ to persons request more information on this who are residents of the eligible Office of the Secretary proposed information collection or to community. obtain a copy of the proposal and [Docket ID: DoD–2015–OS–0080] II. Method of Collection associated collection instruments, please write to the Office of Family Proposed Collection; Comment Forms and applications are ‘‘fillable’’ Policy/Children and Youth, Program Request on the computer screen at the NMFS Analyst for the Family Advocacy Alaska Region Home Page at AGENCY: Office of the Assistant Program, 4800 Mark Center Drive, Suite www.alaskafisheries.noaa.gov, and may Secretary of Defense, DoD. 03G15, Alexandria, VA 22350–2300, be submitted to NMFS by mail, courier, ACTION: Notice. ATTN: Mary Campise, or call 571–372– fax, or attachment to an email. 5346. III. Data SUMMARY: In compliance with the SUPPLEMENTARY INFORMATION: OMB Control Number: 0648–0665. Paperwork Reduction Act of 1995, the Title; Associated Form; and OMB Form Number(s): None. Office of the Assistant Secretary of Number: Family Advocacy Program Type of Review: Regular submission Defense announces a proposed public (FAP): Central Registry: Child (extension of a current information information collection and seeks public Maltreatment and Domestic Abuse collection). comment on the provisions thereof. Incident Reporting System; OMB Affected Public: Individuals or Comments are invited on: (a) Whether Control Number 0704–0536. households; not-for-profit institutions. the proposed collection of information Needs and Uses: Office of the Estimated Number of Respondents: is necessary for the proper performance Secretary of Defense Family Advocacy 90. of the functions of the agency, including Program together with DMDC conducts

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an annual collection and reporting of proposed action will be effective on the Dated: August 6, 2015. aggregated data from all of the Military date following the end of the comment Aaron Siegel, Departments concerning domestic abuse period unless comments are received Alternate OSD Federal Register Liaison and child abuse and neglect. The data which result in a contrary Officer, Department of Defense. is used as the basis of an annual report determination. that the Department of Defense sends to DWHS E03 the Service Secretaries and Public ADDRESSES: You may submit comments, SYSTEM NAME: Affairs concerning domestic abuse and identified by docket number and title, Security Review Index File (March 30, child abuse in the military services, by any of the following methods: 2012, 77 FR 19266). along with the rates per thousand, and * Federal Rulemaking Portal: http:// a comparison to the civilian community. www.regulations.gov. Follow the CHANGES: Affected Public: Individuals or instructions for submitting comments. * * * * * Households. Annual Burden Hours: 39,170. * Mail: Department of Defense, Office SYSTEM NAME: Number of Respondents: 19,585. of the Deputy Chief Management Delete entry and replace with Responses per Respondent: 1. Officer, Directorate of Oversight and ‘‘Security Review Tracking Application Annual Responses: 19,585. Compliance, Regulatory and Audit (SRTA).’’ Average Burden per Response: 2 Matters Office, 9010 Defense Pentagon, hours. Washington, DC 20301–9010. SYSTEM LOCATION: Frequency: On occasion. Delete entry and replace with Instructions: All submissions received DoD Instruction 6400.01 Family ‘‘Department of Defense, Defense Office Advocacy Program (FAP) establishes must include the agency name and of Prepublication and Security Review, policy and assigns responsibility for docket number for this Federal Register 1155 Defense Pentagon, Washington, DC addressing child abuse and neglect and document. The general policy for 20301–1155.’’ domestic abuse through family comments and other submissions from advocacy programs and services. Each members of the public is to make these CATEGORIES OF INDIVIDUALS COVERED BY THE military service delivers a family submissions available for public SYSTEM: advocacy program to their respective viewing on the Internet at http:// Delete entry and replace with ‘‘DoD military members and their families. www.regulations.gov as they are personnel (military and civilian) Military or family members may use received without change, including any submitting requests for prepublication these services, and voluntary personal personal identifiers or contact review of official information information must be gathered to information. considered for public release and determine benefit eligibility and members of the public (former DoD individual needs. FOR FURTHER INFORMATION CONTACT: Ms. personnel) requesting a review of Dated: August 6, 2015. Cindy Allard, Chief, OSD/JS Privacy material prior to submission for Aaron Siegel, Office, Freedom of Information publication.’’ Directorate, Washington Headquarters Alternate OSD Federal Register, Liaison CATEGORIES OF RECORDS IN THE SYSTEM: Service, 1155 Defense Pentagon, Officer, Department of Defense. Delete entry and replace with ‘‘Name, Washington, DC 20301–1155, or by [FR Doc. 2015–19665 Filed 8–10–15; 8:45 am] personal phone number(s) (home/cell), phone at (571) 372–0461. BILLING CODE 5001–06–P personal email address, home mailing SUPPLEMENTARY INFORMATION: The Office address, date of request, case number, of the Secretary of Defense notices for and title/subject of the material DEPARTMENT OF DEFENSE systems of records subject to the Privacy submitted for review.’’ Act of 1974 (5 U.S.C. 552a), as amended, Office of the Secretary AUTHORITY FOR MAINTENANCE OF THE SYSTEM: have been published in the Federal Delete entry and replace with ‘‘10 [Docket ID DoD–2015–OS–0079] Register and are available from the U.S.C. 113, Secretary of Defense; 22 CFR address in the FOR FURTHER INFORMATION Privacy Act of 1974; System of part 125.4, Exemptions of General Records CONTACT or from the Defense Privacy Applicability,(b)(13); DoD Directive and Civil Liberties Division Web site at 5230.09, Clearance of DoD Information AGENCY: Office of the Secretary of http://dpcld.defense.gov/. for Public Release; and DoD Instruction Defense, DoD. The proposed systems reports, as 5230.29, Security and Policy Review of ACTION: Notice to alter a system of required by 5 U.S.C. 552a(r) of the DoD Information for Public Release.’’ records. Privacy Act, as amended, were PURPOSE(S): SUMMARY: The Office of the Secretary of submitted on July 30, 2015, to the House Delete entry and replace with ‘‘To Defense proposes to alter a system of Committee on Oversight and manage the prepublication and security records notice DWHS E03, entitled Government Reform, the Senate review processes for documents or ‘‘Security Review Index File.’’ This Committee on Homeland Security and materials before they are officially system is used to manage the Governmental Affairs, and the Office of cleared for release outside of the DoD prepublication and security review Management and Budget (OMB) through a tracking application that processes for documents or materials pursuant to paragraph 4c of Appendix I provides the current status of each case before they are officially cleared for to OMB Circular No. A–130, ‘‘Federal and statistical data.’’ release outside of the DoD through a Agency Responsibilities for Maintaining tracking application that provides the Records About Individuals,’’ dated ROUTINE USES OF RECORDS MAINTAINED IN THE current status of each case and February 8, 1996, (February 20, 1996, 61 SYSTEM INCLUDING CATEGORIES OF USERS AND statistical data. FR 6427). THE PURPOSES OF SUCH USES: DATES: Comments will be accepted on or Delete entry and replace with ‘‘In before September 10, 2015. This addition to those disclosures generally

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permitted under 5 U.S.C. 552a(b) of the or programs (whether maintained by the RECORD ACCESS PROCEDURES: Privacy Act of 1974, as amended, these Component or another agency or entity) Delete entry and replace with records contained therein may that rely upon the compromised ‘‘Individuals seeking access to specifically be disclosed outside the information; and (3) the disclosure information about themselves contained DoD as a routine use pursuant to 5 made to such agencies, entities, and in this system of records should address U.S.C. 552a(b)(3) as follows: persons is reasonably necessary to assist written inquiries to Office of the Law Enforcement Routine Use: If a in connection with the Components Secretary of Defense/Joint Staff, system of records maintained by a DoD efforts to respond to the suspected or Freedom of Information Requester Component to carry out its functions confirmed compromise and prevent, Service Center, Office of Freedom of indicates a violation or potential minimize, or remedy such harm. Information, 1155 Defense Pentagon, violation of law, whether civil, criminal, The DoD Blanket Routine Uses set Washington, DC 20301–1155. or regulatory in nature, and whether forth at the beginning of the Office of Signed, written requests should arising by general statute or by the Secretary of Defense (OSD) include the name and number of this regulation, rule, or order issued compilation of systems of records system of records notice, the case pursuant thereto, the relevant records in notices may apply to this system. The number (if available), date of request, the system of records may be referred, complete list of DoD blanket routine title/subject of submitted document, or as a routine use, to the agency uses can be found online at: http:// author’s name.’’ concerned, whether federal, state, local, dpcld.defense.gov/Privacy/ * * * * * or foreign, charged with the SORNsIndex/BlanketRoutineUses.aspx’’ responsibility of investigating or RECORD SOURCE CATEGORIES: POLICIES AND PRACTICES FOR STORING, prosecuting such violation or charged Delete entry and replace with RETRIEVING, ACCESSING, RETAINING, AND with enforcing or implementing the ‘‘Individual.’’ statute, rule, regulation, or order issued DISPOSING OF RECORDS IN THE SYSTEM: * * * * * pursuant thereto. * * * * * [FR Doc. 2015–19654 Filed 8–10–15; 8:45 am] Congressional Inquiries Disclosure RETRIEVABILITY: Routine Use: Disclosure from a system BILLING CODE 5001–06–P of records maintained by a DoD Delete entry and replace with ‘‘Name, Component may be made to a case number, title/subject of material congressional office from the record of submitted, and date of request.’’ DEPARTMENT OF EDUCATION an individual in response to an inquiry SAFEGUARDS: Applications for New Awards; from the congressional office made at Delete entry and replace with ‘‘Paper Rehabilitation Training—Technical the request of that individual. records are accessed only by officials Disclosure to the Department of Assistance Center for Vocational Justice for Litigation Routine Use: A with a need to know and appropriate Rehabilitation Agency Program record from a system of records security clearance in accordance with Evaluation and Quality Assurance assigned duties. Electronic records maintained by a DoD Component may AGENCY: Office of Special Education and be disclosed as a routine use to any require a Common Access Card (CAC) to access and are further protected by Rehabilitative Services, Department of component of the Department of Justice Education. for the purpose of representing the using a Personal Identification Number ACTION: Notice. Department of Defense, or any officer, (PIN) with access limited to those employee or member of the Department individuals who have a need to know. Records are stored in a secure facility Overview Information: in pending or potential litigation to Rehabilitation Training—Technical which the record is pertinent. with full time guards in rooms requiring specific authority to access.’’ Assistance Center for Vocational Disclosure of Information to the Rehabilitation Agency Program National Archives and Records RETENTION AND DISPOSAL: Evaluation and Quality Assurance. Administration Routine Use: A record Delete entry and replace with Notice inviting applications for new from a system of records maintained by ‘‘Records are destroyed after 15 years.’’ awards for fiscal year (FY) 2015. a DoD Component may be disclosed as Catalog of Federal Domestic Assistance a routine use to the National Archives SYSTEM MANAGER(S) AND ADDRESS: (CFDA) Number: 84.263B. and Records Administration for the Delete entry and replace with ‘‘Chief, purpose of records management DATES: Applications Available: August Defense Office of Prepublication and 11, 2015. inspections conducted under authority Security Review, 1155 Defense of 44 U.S.C. 2904 and 2906. Deadline for Transmittal of Pentagon, Washington, DC 20301– Applications: September 10, 2015. Data Breach Remediation Purposes 1155.’’ Routine Use: A record from a system of Full Text of Announcement records maintained by a Component NOTIFICATION PROCEDURE: may be disclosed to appropriate Delete entry and replace with I. Funding Opportunity Description agencies, entities, and persons when (1) ‘‘Individuals seeking to determine Purpose of Program: This program is The Component suspects or has whether information about themselves designed to (a) develop new types of confirmed that the security or is contained in this system of records training programs for rehabilitation confidentiality of the information in the should address written inquiries to personnel and to demonstrate the system of records has been Department of Defense, Defense Office effectiveness of these new types of compromised; (2) the Component has of Prepublication and Security Review, training programs for rehabilitation determined that as a result of the 1155 Defense Pentagon, Washington, DC personnel in providing rehabilitation suspected or confirmed compromise 20301–1155. services to individuals with disabilities; there is a risk of harm to economic or Written requests should include the and (b) develop new and improved property interests, identity theft or case number (if available), date of methods of training rehabilitation fraud, or harm to the security or request, title/subject of document personnel, so that there may be a more integrity of this system or other systems submitted, or author’s name.’’ effective delivery of rehabilitation

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services by State and other Project Period: Up to 60 months. To obtain a copy from ED Pubs, write, rehabilitation agencies. Continuing the Fourth and Fifth Years fax, or call the following: ED Pubs, U.S. Priority: This notice includes one of the Project: Department of Education, P.O. Box absolute priority. This priority is from In deciding whether to continue 22207, Alexandria, VA 22304. the notice of final priority for this funding the Technical Assistance and Telephone, toll free: 1–877–433–7827. program (NFP), published elsewhere in Training Center for Program Evaluation FAX: (703) 605–6794. If you use a this issue of the Federal Register. and Quality Assurance (PEQA) for the telecommunications device for the deaf Absolute Priority: For FY 2015 and fourth and fifth years, the Department, (TDD) or a text telephone (TTY), call, any subsequent year in which we make as part of the review of the application toll free: 1–877–576–7734. awards from the list of unfunded narrative and annual performance You can contact ED Pubs at its Web applicants from this competition, this reports, will consider the degree to site, also: www.EDPubs.gov or at its priority is an absolute priority. Under 34 which the program demonstrates email address: [email protected]. CFR 75.105(c)(3) we consider only substantial progress toward— If you request an application from ED applications that meet this priority. (a) Providing educational Pubs, be sure to identify this This priority is: opportunities from recognized experts competition as follows: CFDA number Technical Assistance Center for in program evaluation and quality 84.263B. Vocational Rehabilitation Agency assurance; To obtain a copy from the program Program Evaluation and Quality (b) Developing interagency office, contact the person listed under Assurance (PEQA). collaboration networks and work teams FOR FURTHER INFORMATION CONTACT in Note: The full text of this priority is committed to the improvement of section VII of this notice. included in the notice of final priority quality assurance systems and tools; and Individuals with disabilities can for this program, published elsewhere in (c) Delivering technical, professional, obtain a copy of the application package this issue of the Federal Register and in and continuing educational support to in an accessible format (e.g., braille, the application package for this State VR program evaluators. large print, audiotape, or compact disc) by contacting the person or team listed competition. III. Eligibility Information Program Authority: 29 U.S.C. under Accessible Format in section VIII 772(a)(1). 1. Eligible Applicants: States and of this notice. Applicable Regulations: (a) The public or nonprofit agencies and 2. a. Content and Form of Application Education Department General organizations, including Indian tribes Submission: Requirements concerning Administrative Regulations (EDGAR) in and IHEs. the content of an application, together 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 2. Cost Sharing or Matching: Cost with the forms you must submit, are in and 99. (b) The Office of Management sharing of at least 10 percent of the total the application package for this and Budget Guidelines to Agencies on cost of the project is required of grantees competition. Governmentwide Debarment and under the Rehabilitation Training Page Limit: The application narrative Suspension (Nonprocurement) in 2 CFR Program. Any program income that may (Part III of the application) is where you, part 180, as adopted and amended as be incurred during the period of the applicant, address the selection regulations of the Department in 2 CFR performance may only be directed criteria that reviewers use to evaluate part 3485. (c) The Uniform towards advancing activities in the your application. Because of the limited Administrative Requirements, Cost approved grant application and may not time available to review applications Principles, and Audit Requirements for be used towards the 10 percent match and make a recommendation for Federal Awards in 2 CFR part 200, as requirement. The Secretary may waive funding, we strongly encourage adopted and amended in 2 CFR part part of the non-Federal share of the cost applicants to limit the application 3474. (d) The regulations for this of the project after negotiations if the narrative to no more than 50 pages, program in 34 CFR parts 385 and 387. applicant demonstrates that it does not using the following standards: (e) The notice of final priority for this have sufficient resources to contribute • A ‘‘page’’ is 8.5″ x 11″, on one side program, published elsewhere in this the entire match (34 CFR 387.40). only, with 1″ margins at the top, bottom, issue of the Federal Register. Note: Under 34 CFR 75.562(c), an and both sides. Note: The regulations in 34 CFR part indirect cost reimbursement on a • Double space (no more than three 79 apply to all applicants except training grant is limited to the lines per vertical inch) all text in the federally recognized Indian tribes. recipient’s actual indirect costs, as application narrative, including titles, Note: The regulations in 34 CFR part determined by its negotiated indirect headings, footnotes, quotations, 86 apply only to institutions of higher cost rate agreement, or eight percent of references, and captions, as well as all education (IHEs). a modified total direct cost base, text in charts, tables, figures, and whichever amount is less. Indirect costs graphs. II. Award Information in excess of the limit may not be • Use a font that is either 12 point or Type of Award: Cooperative charged directly, used to satisfy larger or no smaller than 10 pitch agreement. matching or cost-sharing requirements, (characters per inch). Estimated Available Funds: $500,000. or charged to another Federal award. • Use one of the following fonts: Maximum Award: We will reject any Times New Roman, Courier, Courier application that proposes a budget IV. Application and Submission New, or Arial. An application submitted exceeding $500,000 for a single budget Information in any other font (including Times period of 12 months. The Assistant 1. Address to Request Application Roman or Arial Narrow) will not be Secretary for Special Education and Package: You can obtain an application accepted. Rehabilitative Services may change the package via the Internet, from the In addition to the page-limit guidance maximum amount through a notice Education Publications Center (ED on the application narrative section, we published in the Federal Register. Pubs), or from the program office. recommend that you adhere to the Estimated Number of Awards: 1. To obtain a copy via the Internet, use following page limits, using the Note: The Department is not bound by the following address: www.ed.gov/ standards listed above: (1) The abstract any estimates in this notice. fund/grant/apply/grantapps/index.html. should be no more than one page, (2)

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the resumes of key personnel should be remains subject to all other changes. However, please make certain no more than two pages per person, and requirements and limitations in this that the TIN associated with your DUNS (3) the bibliography should be no more notice. number is correct. Also note that you than three pages. The only optional 4. Intergovernmental Review: This will need to update your registration materials that will be accepted are competition is subject to Executive annually. This may take three or more letters of support. Please note that our Order 12372 and the regulations in 34 business days. reviewers are not required to read CFR part 79. However, under 34 CFR Information about SAM is available at optional materials. 79.8(a), we waive intergovernmental www.SAM.gov. To further assist you Please note that any funded review in order to make an award by the with obtaining and registering your applicant’s application abstract will be end of FY 2015. DUNS number and TIN in SAM or made available to the public. 5. Funding Restrictions: We reference updating your existing SAM account, b. Submission of Proprietary regulations outlining funding we have prepared a SAM.gov Tip Sheet, Information: restrictions in the Applicable which you can find at: www2.ed.gov/ Given the types of projects that may Regulations section of this notice. fund/grant/apply/sam-faqs.html. be proposed in applications for the 6. Data Universal Numbering System In addition, if you are submitting your Rehabilitation Training: Vocational Number, Taxpayer Identification application via Grants.gov, you must (1) Rehabilitation Technical Assistance Number, and System for Award be designated by your organization as an Center—Youth with Disabilities Management: To do business with the Authorized Organization Representative competition, an application may Department of Education, you must— (AOR); and (2) register yourself with include business information that the a. Have a Data Universal Numbering Grants.gov as an AOR. Details on these applicant considers proprietary. The System (DUNS) number and a Taxpayer steps are outlined at the following Department’s regulations define Identification Number (TIN); Grants.gov Web page: www.grants.gov/ ‘‘business information’’ in 34 CFR 5.11. b. Register both your DUNS number web/grants/register.html. Because we plan to make the abstract and TIN with the System for Award 7. Other Submission Requirements: of the successful application available to Management (SAM) (formerly the Applications for grants under this the public, you may wish to request Central Contractor Registry (CCR)), the competition must be submitted confidentiality of business information. Government’s primary registrant electronically unless you qualify for an Consistent with Executive Order database; exception to this requirement in 12600, please designate in your c. Provide your DUNS number and accordance with the instructions in this application any information that you TIN on your application; and section. feel is exempt from disclosure under d. Maintain an active SAM a. Electronic Submission of Exemption 4 of the Freedom of registration with current information Applications. Information Act. In the appropriate while your application is under review Applications for grants under the Appendix section of your application, by the Department and, if you are Rehabilitation Training: Technical under ‘‘Other Attachments Form,’’ awarded a grant, during the project Assistance Center for Vocational please list the page number or numbers period. Rehabilitation Agency Program on which we can find this information. You can obtain a DUNS number from Evaluation and Quality Assurance, For additional information please see 34 Dun and Bradstreet. A DUNS number CFDA number 84.263B, must be CFR 5.11(c). can be created within one to two submitted electronically using the 3. Submission Dates and Times: business days. Governmentwide Grants.gov Apply site Applications Available: August 11, If you are a corporate entity, agency, at www.Grants.gov. Through this site, 2015. Deadline for Transmittal of institution, or organization, you can you will be able to download a copy of Applications: September 10, 2015. obtain a TIN from the Internal Revenue the application package, complete it Applications for grants under this Service. If you are an individual, you offline, and then upload and submit competition must be submitted can obtain a TIN from the Internal your application. You may not email an electronically using the Grants.gov Revenue Service or the Social Security electronic copy of a grant application to Apply site (Grants.gov). For information Administration. If you need a new TIN, us. (including dates and times) about how please allow two to five weeks for your We will reject your application if you to submit your application TIN to become active. submit it in paper format unless, as electronically, or in paper format by The SAM registration process can take described elsewhere in this section, you mail or hand delivery if you qualify for approximately seven business days, but qualify for one of the exceptions to the an exception to the electronic may take upwards of several weeks, electronic submission requirement and submission requirement, please refer to depending on the completeness and submit, no later than two weeks before section IV. 7. Other Submission accuracy of the data entered into the the application deadline date, a written Requirements of this notice. SAM database by an entity. Thus, if you statement to the Department that you We do not consider an application think you might want to apply for qualify for one of these exceptions. that does not comply with the deadline Federal financial assistance under a Further information regarding requirements. program administered by the calculation of the date that is two weeks Individuals with disabilities who Department, please allow sufficient time before the application deadline date is need an accommodation or auxiliary aid to obtain and register your DUNS provided later in this section under in connection with the application number and TIN. We strongly Exception to Electronic Submission process should contact the person listed recommend that you register early. Requirement. under FOR FURTHER INFORMATION Note: Once your SAM registration is You may access the electronic grant CONTACT in section VII of this notice. If active, you will need to allow 24 to 48 application for the Rehabilitation the Department provides an hours for the information to be available Training: Technical Assistance Center accommodation or auxiliary aid to an in Grants.gov and before you can submit for Vocational Rehabilitation Agency individual with a disability in an application through Grants.gov. Program Evaluation and Quality connection with the application If you are currently registered with Assurance competition at process, the individual’s application SAM, you may not need to make any www.Grants.gov. You must search for

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the downloadable application package Construction Programs (ED 524), and all affected your ability to submit your for this competition by the CFDA necessary assurances and certifications. application by 4:30:00 p.m., number. Do not include the CFDA • You must upload any narrative Washington, DC time, on the number’s alpha suffix in your search sections and all other attachments to application deadline date. The (e.g., search for 84.263, not 84.263B). your application as files in a PDF Department will contact you after a Please note the following: (Portable Document) read-only, non- determination is made on whether your • When you enter the Grants.gov site, modifiable format. Do not upload an application will be accepted. you will find information about interactive or fillable PDF file. If you Note: The extensions to which we submitting an application electronically upload a file type other than a read- refer in this section apply only to the through the site, as well as the hours of only, non-modifiable PDF or submit a unavailability of, or technical problems operation. password-protected file, we will not with, the Grants.gov system. We will not • Applications received by Grants.gov review that material. grant you an extension if you failed to are date and time stamped. Your • Your electronic application must fully register to submit your application application must be fully uploaded and comply with any page-limit to Grants.gov before the application submitted and must be date and time requirements described in this notice. deadline date and time or if the • stamped by the Grants.gov system no After you electronically submit technical problem you experienced is later than 4:30:00 p.m., Washington, DC your application, you will receive from unrelated to the Grants.gov system. time, on the application deadline date. Grants.gov an automatic notification of Exception to Electronic Submission Except as otherwise noted in this receipt that contains a Grants.gov Requirement: You qualify for an section, we will not accept your tracking number. (This notification exception to the electronic submission application if it is received—that is, date indicates receipt by Grants.gov only, not requirement, and may submit your and time stamped by the Grants.gov receipt by the Department.) The application in paper format, if you are system—after 4:30:00 p.m., Washington, Department then will retrieve your unable to submit an application through DC time, on the application deadline application from Grants.gov and send a the Grants.gov system because–– date. We do not consider an application second notification to you by email. • You do not have access to the that does not comply with the deadline This second notification indicates that Internet; or requirements. When we retrieve your the Department has received your • You do not have the capacity to application from Grants.gov, we will application and has assigned your upload large documents to the notify you if we are rejecting your application a PR/Award number (an ED- Grants.gov system; and application because it was date and time specified identifying number unique to • No later than two weeks before the stamped by the Grants.gov system after your application). application deadline date (14 calendar 4:30:00 p.m., Washington, DC time, on • We may request that you provide us days or, if the fourteenth calendar day the application deadline date. original signatures on forms at a later before the application deadline date • The amount of time it can take to date. falls on a Federal holiday, the next upload an application will vary Application Deadline Date Extension business day following the Federal depending on a variety of factors, in Case of Technical Issues with the holiday), you mail or fax a written including the size of the application and Grants.gov System: If you are statement to the Department, explaining the speed of your Internet connection. experiencing problems submitting your which of the two grounds for an Therefore, we strongly recommend that application through Grants.gov, please exception prevents you from using the you do not wait until the application contact the Grants.gov Support Desk, Internet to submit your application. deadline date to begin the submission toll free, at 1–800–518–4726. You must If you mail your written statement to process through Grants.gov. obtain a Grants.gov Support Desk Case the Department, it must be postmarked • You should review and follow the Number and must keep a record of it. no later than two weeks before the Education Submission Procedures for If you are prevented from application deadline date. If you fax submitting an application through electronically submitting your your written statement to the Grants.gov that are included in the application on the application deadline Department, we must receive the faxed application package for this competition date because of technical problems with statement no later than two weeks to ensure that you submit your the Grants.gov system, we will grant you before the application deadline date. application in a timely manner to the an extension until 4:30:00 p.m., Address and mail or fax your Grants.gov system. You can also find the Washington, DC time, the following statement to: Don Bunuan, U.S. Education Submission Procedures business day to enable you to transmit Department of Education, 400 Maryland pertaining to Grants.gov under News your application electronically or by Avenue SW., Room 5046, Potomac and Events on the Department’s G5 hand delivery. You also may mail your Center Plaza (PCP), Washington, DC system home page at www.G5.gov. application by following the mailing 20202–2800. FAX: (202) 245–7592. • You will not receive additional instructions described elsewhere in this Your paper application must be point value because you submit your notice. submitted in accordance with the mail application in electronic format, nor If you submit an application after or hand delivery instructions described will we penalize you if you qualify for 4:30:00 p.m., Washington, DC time, on in this notice. an exception to the electronic the application deadline date, please b. Submission of Paper Applications submission requirement, as described contact the person listed under For by Mail. elsewhere in this section, and submit Further Information Contact in section If you qualify for an exception to the your application in paper format. VII of this notice and provide an electronic submission requirement, you • You must submit all documents explanation of the technical problem may mail (through the U.S. Postal electronically, including all information you experienced with Grants.gov, along Service or a commercial carrier) your you typically provide on the following with the Grants.gov Support Desk Case application to the Department. You forms: The Application for Federal Number. We will accept your must mail the original and two copies Assistance (SF 424), the Department of application if we can confirm that a of your application, on or before the Education Supplemental Information for technical problem occurred with the application deadline date, to the SF 424, Budget Information—Non- Grants.gov system and that that problem Department at the following address:

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U.S. Department of Education, Department of Education Application application as part of your binding Application Control Center, Attention: Control Center at (202) 245–6288. commitments under the grant. (CFDA Number 84.263B), LBJ Basement 3. Reporting: (a) If you apply for a V. Application Review Information Level 1, 400 Maryland Avenue SW., grant under this competition, you must Washington, DC 20202–4260. 1. Selection Criteria: The selection ensure that you have in place the You must show proof of mailing criteria for this competition are from 34 necessary processes and systems to consisting of one of the following: CFR 75.210 and are listed in the comply with the reporting requirements (1) A legibly dated U.S. Postal Service application package. in 2 CFR part 170 should you receive postmark. 2. Review and Selection Process: We funding under the competition. This (2) A legible mail receipt with the remind potential applicants that in does not apply if you have an exception date of mailing stamped by the U.S. reviewing applications in any under 2 CFR 170.110(b). Postal Service. discretionary grant competition, the (b) At the end of your project period, (3) A dated shipping label, invoice, or Secretary may consider, under 34 CFR you must submit a final performance receipt from a commercial carrier. 75.217(d)(3), the past performance of the report, including financial information, (4) Any other proof of mailing applicant in carrying out a previous as directed by the Secretary. If you acceptable to the Secretary of the U.S. award, such as the applicant’s use of receive a multi-year award, you must Department of Education. funds, achievement of project submit an annual performance report If you mail your application through objectives, and compliance with grant that provides the most current the U.S. Postal Service, we do not conditions. The Secretary may also performance and financial expenditure accept either of the following as proof consider whether the applicant failed to information as directed by the Secretary of mailing: submit a timely performance report or under 34 CFR 75.118. The Secretary (1) A private metered postmark. submitted a report of unacceptable may also require more frequent (2) A mail receipt that is not dated by quality. performance reports under 34 CFR the U.S. Postal Service. In addition, in making a competitive 75.720(c). For specific requirements on If your application is postmarked after grant award, the Secretary also requires reporting, please go to www.ed.gov/ the application deadline date, we will various assurances including those fund/grant/apply/appforms/ not consider your application. applicable to Federal civil rights laws appforms.html. Note: The U.S. Postal Service does not that prohibit discrimination in programs 4. Performance Measures: The uniformly provide a dated postmark. or activities receiving Federal financial Government Performance and Results Before relying on this method, you assistance from the Department of Act of 1993 (GPRA) directs Federal should check with your local post Education (34 CFR 100.4, 104.5, 106.4, departments and agencies to improve office. 108.8, and 110.23). the effectiveness of programs by c. Submission of Paper Applications 3. Special Conditions: Under 2 CFR engaging in strategic planning, setting by Hand Delivery. 3474.10, the Secretary may impose outcome-related goals for programs, and If you qualify for an exception to the special conditions and, in appropriate measuring program results against those electronic submission requirement, you circumstances, high-risk conditions on a goals. (or a courier service) may deliver your grant if the applicant or grantee is not The purpose of this priority is to fund paper application to the Department by financially stable; has a history of a program designed to (a) provide hand. You must deliver the original and unsatisfactory performance; has a educational opportunities from two copies of your application by hand, financial or other management system recognized experts in program on or before the application deadline that does not meet the standards in 2 evaluation and quality assurance; (b) date, to the Department at the following CFR part 200, subpart D; has not develop interagency collaboration address: U.S. Department of Education, fulfilled the conditions of a prior grant; networks and work teams committed to Application Control Center, Attention: or is otherwise not responsible. the improvement of quality assurance (CFDA Number 84.263B), 550 12th systems and tools; and (c) deliver Street SW., Room 7039, Potomac Center VI. Award Administration Information technical, professional, and continuing Plaza, Washington, DC 20202–4260. 1. Award Notices: If your application educational support to State VR The Application Control Center is successful, we notify your U.S. program evaluators. accepts hand deliveries daily between Representative and U.S. Senators and The Cooperative Agreement will 8:00 a.m. and 4:30:00 p.m., Washington, send you a Grant Award Notification specify the short-term and long-term DC time, except Saturdays, Sundays, (GAN); or we may send you an email measures that will be used to assess the and Federal holidays. containing a link to access an electronic grantee’s performance against the goals Note for Mail or Hand Delivery of version of your GAN. We may notify and objectives of the project and the Paper Applications: If you mail or hand you informally, also. outcomes listed in the preceding deliver your application to the If your application is not evaluated or paragraph. Department— not selected for funding, we notify you. In its annual and final performance (1) You must indicate on the envelope 2. Administrative and National Policy reports to the Department, the grant and—if not provided by the Requirements: We identify recipient will be expected to report the Department—in Item 11 of the SF 424 administrative and national policy data outlined in the Cooperative the CFDA number, including suffix requirements in the application package Agreement that is needed to assess its letter, if any, of the competition under and reference these and other performance. which you are submitting your requirements in the Applicable The Cooperative Agreement and application; and Regulations section of this notice. annual report will be reviewed by RSA (2) The Application Control Center We reference the regulations outlining and the grant recipient between the will mail to you a notification of receipt the terms and conditions of an award in third and fourth quarter of each project of your grant application. If you do not the Applicable Regulations section of period. Adjustments will be made to the receive this notification within 15 this notice and include these and other project accordingly in order to ensure business days from the application specific conditions in the GAN. The demonstrated progress towards meeting deadline date, you should call the U.S. GAN also incorporates your approved the goals and outcomes of the project.

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5. Continuation Awards: In making a Dated: August 5, 2015. SUMMARY: This notice announces a continuation award under 34 CFR Michael K. Yudin, meeting of the Environmental 75.253, the Secretary considers, among Assistant Secretary for Special Education and Management Site-Specific Advisory other things: whether a grantee has Rehabilitative Services. Board (EM SSAB), Hanford. The Federal made substantial progress in achieving [FR Doc. 2015–19618 Filed 8–10–15; 8:45 am] Advisory Committee Act (Pub. L. 92– the goals and objectives of the project; BILLING CODE 4000–01–P 463, 86 Stat. 770) requires that public whether the grantee has expended funds notice of this meeting be announced in in a manner that is consistent with its the Federal Register. approved application and budget; and, DEPARTMENT OF ENERGY DATES: Wednesday, September 9, 2015 if the Secretary has established 8:30 a.m.–5:00 p.m. Thursday, performance measurement Notice of Renewal of the Fusion September 10, 2015 9:00 a.m.–12:00 requirements, the performance targets in Energy Sciences Advisory Committee p.m. the grantee’s approved application. In ADDRESSES: Red Lion Pasco, 2525 North making a continuation grant, the Pursuant to Section 14(a)(2)(A) of the 20th Avenue, Pasco, WA 99301. Secretary also considers whether the Federal Advisory Committee Act, 5 grantee is operating in compliance with U.S.C., App. 2., and in accordance with FOR FURTHER INFORMATION CONTACT: the assurances in its approved Title 41 of the Code of Federal Kristen Skopeck, Federal Coordinator, application, including those applicable Regulations, Section 102–3.65, and Department of Energy Richland to Federal civil rights laws that prohibit following consultation with the Operations Office, 825 Jadwin Avenue, discrimination in programs or activities Committee Management Secretariat, P.O. Box 550, A7–75, Richland, WA receiving Federal financial assistance General Services Administration, notice 99352; Phone: (509) 376–5803; or Email: from the Department (34 CFR 100.4, is hereby given that the Fusion Energy [email protected]. 104.5, 106.4, 108.8, and 110.23). Sciences Advisory Committee has been SUPPLEMENTARY INFORMATION: renewed for a two-year period. Purpose of the Board: The purpose of VII. Agency Contact The Committee will provide advice to the Board is to make recommendations the Office of Science (DOE), on long- to DOE–EM and site management in the For Further Information Contact: Don range plans, priorities, and strategies for areas of environmental restoration, Bunuan, U.S. Department of Education, advancing plasma science, fusion waste management, and related Rehabilitation Services Administration, science and fusion technology—the activities. 400 Maryland Avenue SW., Room 5046, knowledge base needed for an Tentative Agenda: PCP, Washington, DC 20202–2800. economically and environmentally • Potential Draft Advice Telephone: (202) 245–6616 or by email: attractive fusion energy source. The D Proposed changes to the Tri-Party [email protected]. Secretary of Energy has determined that Agreement milestone affecting the If you use a TDD or a TTY, call the the renewal of the Fusion Energy schedule for retrieving, FRS, toll free, at 1–800–877–8339. Sciences Advisory Committee is characterizing, and shipping VIII. Other Information essential to the conduct of the Hanford site mixed low-level waste Department’s business and in the public and transuranic mixed waste Accessible Format: Individuals with interest in connection with the • Discussion Topics disabilities can obtain this document performance of duties imposed upon the D Tri-Party Agreement Agencies’ and a copy of the application package in Department of Energy by law. The Updates an accessible format (e.g., braille, large Committee will continue to operate in D Hanford Advisory Board Committee print, audiotape, or compact disc) on accordance with the provisions of the Reports request to the program contact person Federal Advisory Committee Act, the D Tri-Party Agreement Milestone listed under For Further Information Department of Energy Organization Act Changes Contact in section VII of this notice. (Public Law 95–91), the General D SharePoint Tutorial for Board Services Administration Final Rule on Members Electronic Access to This Document: D Board Business The official version of this document is Federal Advisory Committee Management, and other directives and Public Participation: The meeting is the document published in the Federal open to the public. The EM SSAB, Register. Free Internet access to the instruction issued in the implementation of those Acts. Hanford, welcomes the attendance of official edition of the Federal Register the public at its advisory committee FOR FURTHER INFORMATION CONTACT: and the Code of Federal Regulations is meetings and will make every effort to Edmund J. Synakowski at (301) 903– available via the Federal Digital System accommodate persons with physical 4941. at: www.gpo.gov/fdsys. At this site you disabilities or special needs. If you can view this document, as well as all Issued in Washington, DC on August 5, require special accommodations due to other documents of this Department 2015. a disability, please contact Kristen published in the Federal Register, in Erica De Vos, Skopeck at least seven days in advance text or Adobe Portable Document Acting Committee Management Officer. of the meeting at the phone number Format (PDF). To use PDF you must [FR Doc. 2015–19677 Filed 8–10–15; 8:45 am] listed above. Written statements may be have Adobe Acrobat Reader, which is BILLING CODE 6450–01–P filed with the Board either before or available free at the site. after the meeting. Individuals who wish You may also access documents of the to make oral statements pertaining to Department published in the Federal DEPARTMENT OF ENERGY agenda items should contact Kristen Register by using the article search Skopeck at the address or telephone feature at: www.federalregister.gov. Environmental Management Site- number listed above. Requests must be Specifically, through the advanced Specific Advisory Board, Hanford received five days prior to the meeting search feature at this site, you can limit AGENCY: Department of Energy. and reasonable provision will be made your search to documents published by to include the presentation in the ACTION: Notice of open meeting. the Department. agenda. The Deputy Designated Federal

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Officer is empowered to conduct the period of time allowed by this notice, Issued in Washington, DC, on August 5, meeting in a fashion that will facilitate please advise the DOE Desk Officer at 2015. the orderly conduct of business. OMB of your intention to make a JoAnn Milliken, Individuals wishing to make public submission as soon as possible. The Deputy Director, Building Technologies comments will be provided a maximum Desk Officer may be telephoned at 202– Office. of five minutes to present their 395–4718. [FR Doc. 2015–19678 Filed 8–10–15; 8:45 am] comments. BILLING CODE 6450–01–P Minutes: Minutes will be available by ADDRESSES: Written comments should writing or calling Kristen Skopeck’s be sent to the DOE Desk Officer, Office office at the address or phone number of Information and Regulatory Affairs, DEPARTMENT OF ENERGY listed above. Minutes will also be Office of Management and Budget, New available at the following Web site: Executive Office Building, Room 10102, Federal Energy Regulatory http://www.hanford.gov/page.cfm/hab. 735 17th Street NW., Washington, DC Commission 20503. Issued at Washington, DC, on August 6, Notice of Commission Staff 2015. And to Mark Friedrichs, by email to: Attendance LaTanya R. Butler, [email protected]. Or by mail Deputy Committee Management Officer. to: Building Technologies Office, EE– The Federal Energy Regulatory [FR Doc. 2015–19676 Filed 8–10–15; 8:45 am] 5B, Energy Efficiency and Renewable Commission (Commission) hereby gives BILLING CODE 6450–01–P Energy, U.S. Department of Energy, notice that members of the Washington, DC 20585. Commission’s staff may attend the following meetings related to the DEPARTMENT OF ENERGY FOR FURTHER INFORMATION CONTACT: transmission planning activities of the Mark Friedrichs, mark.friedrichs@ PJM Interconnection, L.L.C. (PJM): Proposed Agency Information ee.doe.gov or call 202–586–0124. Collection PJM Planning Committee SUPPLEMENTARY INFORMATION: This August 13, 2015, 9:30 a.m.–12:00 p.m. AGENCY: U.S. Department of Energy. information collection request contains: (EST) ACTION: Notice and request for OMB (1) OMB No. New; (2) Information review and comment. Collection Request Title: Surveys/ PJM Transmission Expansion Advisory Committee SUMMARY: The Department of Energy Interviews to Gather Expert Opinion on (DOE) has submitted to the Office of the Impact of DOE/EERE Building August 13, 2015, 11:00 a.m.–3:00 p.m. Management and Budget (OMB) for Technologies Office Investments in (EST) clearance a proposal for collection of HVAC, Water-Heating, and Appliance The above-referenced meetings will information under the provisions of the Technologies; (3) Type of Request: New be held at: PJM Conference and Training Paperwork Reduction Act of 1995. The collection; (4) Purpose: The information Center, PJM Interconnection, 2750 proposed collection will gather opinions collection will characterize Monroe Boulevard, Audubon, PA of experts in industry and other counterfactual patterns of technology 19403. organizations regarding the impact on development and diffusion in the The above-referenced meetings are the development and diffusion of absence of DOE investments, so that by open to stakeholders. Further information may be found at energy-efficient HVAC, water heating, comparing these counterfactuals with www.pjm.com. and appliance technologies of DOE/ actual observations the impacts of DOE EERE Building Technologies Office The discussions at the meetings investments can be estimated; this described above may address matters at (BTO) investments. Expert opinions are information is needed by DOE for necessary to characterize counterfactual issue in the following proceedings: budget justification and strategic Docket Nos. ER15–33, et al., The patterns of technology development and planning. Respondents will include Dayton Power and Light Company. diffusion in the absence of DOE representatives of companies in the Docket No. ER15–994, PJM investments, and so (by comparing these HVAC, water heating, and appliance Interconnection, L.L.C. counterfactuals with actual supply chain (including companies that Docket No. ER14–2867, Baltimore Gas observations) estimate the difference received DOE R&D funding and & Electric Company, et al., and PJM DOE investments have made. This companies that received no direct Interconnection, L.L.C. information is needed by DOE for funding from DOE), researchers at DOE- Docket Nos. ER14–972 and ER14– budget justification and strategic funded labs (e.g., ORNL, BNL), 1485, PJM Interconnection, L.L.C. planning. Respondents will include Docket No. ER14–1485, PJM representatives of companies in the participants in DOE-funded consortiums, members of industry Interconnection, L.L.C. HVAC, water heating, and appliance Docket Nos. ER13–1957, et al., ISO supply chain (including companies that associations and standards/code bodies; (5) Annual Estimated Number of New England, Inc. et al. received DOE R&D funding and Docket Nos. ER13–1944, et al., PJM Respondents: 250; (6) Annual Estimated companies that received no direct Interconnection, L.L.C. funding from DOE), researchers at DOE- Number of Total Responses: 250; (7) Docket No. ER15–1344, PJM funded labs (e.g., ORNL, BNL), Annual Estimated Number of Burden Interconnection, L.L.C. participants in DOE-funded Hours: 250; (8) Annual Estimated Docket No. ER15–1387, PJM consortiums, members of industry Reporting and Recordkeeping Cost Transmission Owners. associations and standards/code bodies. Burden: 0. Docket No. EL15–18, Consolidated DATES: Comments regarding this Statutory Authority: DOE Org Act (42 Edison Company of New York, Inc. v. collection must be received on or before U.S.C. 7101, et seq.) and 42 U.S.C. 16191 PJM Interconnection, L.L.C. September 10, 2015. If you anticipate (AMO authority). Docket No. EL15–41, Essential Power that you will be submitting comments, Rock Springs, LLC et al. v. PJM but find it difficult to do so within the Interconnection, L.L.C.

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Docket No. ER13–1927, et al., PJM Docket No. EL13–88, Northern Applicants: Alabama Electric Interconnection- SERTP. Indiana Public Service Company v. Marketing, LLC, California Electric Docket No. EL15–79, TransSource, Midcontinent Independent System Marketing, LLC, New Mexico Electric LLC v. PJM Interconnection, L.L.C. Operator, Inc. and PJM Interconnection, Marketing, LLC, Tenaska Alabama For more information, contact the L.L.C. Partners, L.P., Tenaska Alabama II following: Docket Nos. ER13–1923, et al., Partners, L.P., Tenaska Georgia Partners, Jonathan Fernandez, Office of Energy Midcontinent Independent System L.P., Tenaska Power Management, LLC, Market Regulation, Federal Energy Operator, Inc. Texas Electric Marketing, LLC, Tenaska Regulatory Commission, (202) 502– Docket Nos. ER13–1937, et al., Power Services Co. 6604 [email protected]. Southwest Power Pool, Inc. Description: Supplement to December Alina Halay, Office of Energy Market For more information, contact Chris 22, 2014 Updated Market Power Regulation, Federal Energy Regulatory Miller, Office of Energy Market Analysis of the Tenaska MBR Sellers. Commission, (202) 502–6474, Regulation, Federal Energy Regulatory Filed Date: 8/4/15. [email protected]. Commission at (317) 249–5936 or Accession Number: 20150804–5076. Dated: August 5, 2015. [email protected]; or Jason Comments Due: 5 p.m. ET 8/25/15. Nathaniel J. Davis, Sr., Strong, Office of Energy Market Docket Numbers: ER15–2371–000. Deputy Secretary. Regulation, Federal Energy Regulatory Applicants: Pacific Gas and Electric [FR Doc. 2015–19690 Filed 8–10–15; 8:45 am] Commission at (202) 502–6124 or Company. BILLING CODE 6717–01–P [email protected]. Description: § 205(d) Rate Filing: Dated: August 5, 2015. Revisions to PWRPA IA and Nathaniel J. Davis, Sr., Termination of Riggs Ranch WDT SA to DEPARTMENT OF ENERGY Deputy Secretary. be effective 9/22/2015. [FR Doc. 2015–19691 Filed 8–10–15; 8:45 am] Filed Date: 8/3/15. Federal Energy Regulatory Accession Number: 20150803–5242. BILLING CODE 6717–01–P Commission Comments Due: 5 p.m. ET 8/24/15. Notice of Commission Staff Docket Numbers: ER15–2372–000. Attendance DEPARTMENT OF ENERGY Applicants: Puget Sound Energy, Inc. Description: Initial rate filing: Air The Federal Energy Regulatory Federal Energy Regulatory Products TX Interconnection Refile to Commission (Commission) hereby gives Commission be effective 9/1/2014. notice that members of the Filed Date: 8/3/15. Commission’s staff may attend the Combined Notice of Filings #1 Accession Number: 20150803–5259. following meeting related to the Take notice that the Commission Comments Due: 5 p.m. ET 8/24/15. transmission planning activities of the received the following electric corporate Docket Numbers: ER15–2373–000. Midcontinent Independent System filings: Applicants: Puget Sound Energy, Inc. Operator, Inc. (MISO): Docket Numbers: EC15–181–000. Description: Initial rate filing: Air MISO Planning Advisory Committee, Products TX NITSA & NOA Refile to be August 19, 2015, 9 a.m.–4:00 p.m. Applicants: 87RL 8me LLC. Description: Application for effective 9/1/2014. (EST). Filed Date: 8/3/15. The above-referenced meeting will be Authorization Under Section 203 of the Accession Number: 20150803–5262. held at: MISO Headquarters, 720 City Federal Power Act, Request for Comments Due: 5 p.m. ET 8/24/15. Center Drive, Carmel, IN 46032. Expedited Consideration and Further information may be found at Confidential Treatment of 87RL 8me Docket Numbers: ER15–2374–000. www.misoenergy.org. LLC. Applicants: Southern California The discussions at the meeting Filed Date: 8/3/15. Edison Company. described above may address matters at Accession Number: 20150803–5276. Description: § 205(d) Rate Filing: issue in the following proceedings: Comments Due: 5 p.m. ET 8/24/15. Amended UFA Copper Mountain Solar Docket Nos. ER13–1944, et al., PJM Docket Numbers: EC15–182–000. 4 Project to be effective 8/5/2015. Interconnection, LLC. Applicants: Talen Energy Marketing, Filed Date: 8/4/15. Docket No. ER14–1174, Southwest LLC, Talen Renewable Energy, LLC, Accession Number: 20150804–5001. Power Pool, Inc. Talen New Jersey Biogas, LLC, Talen Comments Due: 5 p.m. ET 8/25/15. Docket No. ER14–1736, Midcontinent New Jersey Solar, LLC. Docket Numbers: ER15–2375–000. Independent System Operator, Inc. Description: Application for Approval Applicants: Westar Energy, Inc. Docket No. ER14–2445, Midcontinent Pursuant to Section 203 of the Federal Description: § 205(d) Rate Filing: Independent System Operator, Inc. Power Act and Request for Waivers and Revision to Attachment A, Points of Docket No. ER13–1864, Southwest Privileged Treatment of Talen Energy Receipt to be effective 9/1/2015. Power Pool, Inc. Marketing, LLC, et al. Filed Date: 8/4/15. Docket No. EL14–21, Southwest Filed Date: 8/4/15. Power Pool, Inc. v. Midcontinent Accession Number: 20150804–5108. Accession Number: 20150804–5105. Comments Due: 5 p.m. ET 8/25/15. Independent System Operator, Inc. Comments Due: 5 p.m. ET 8/25/15. Docket No. EL14–30, Midcontinent Docket Numbers: ER15–2376–000. Independent System Operator, Inc. v. Take notice that the Commission Applicants: Energy Power Investment Southwest Power Pool, Inc. received the following electric rate Company, LLC. Docket No. EL11–34, Midwest filings: Description: Baseline eTariff Filing: Independent Transmission System Docket Numbers: ER10–1585–007; Market-based rate application to be Operator, Inc. ER10–1594–007; ER10–1617–007; effective 9/3/2015. Docket No. ER11–1844, Midwest ER10–1619–004; ER10–1620–005; Filed Date: 8/4/15. Independent Transmission System ER10–1625–005; ER12–60–009; ER10– Accession Number: 20150804–5109. Operator, Inc. 1632–009; ER10–1628–007. Comments Due: 5 p.m. ET 8/25/15.

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Docket Numbers: ER15–2377–000. Applicants: Patriot Wind Farm, LLC. DEPARTMENT OF ENERGY Applicants: Southwest Power Pool, Description: Notice of Self- Federal Energy Regulatory Inc. Certification of Exempt Wholesale Commission Description: Compliance filing: Gas- Generator Status of Patriot Wind Farm, Electric Coordination Compliance Filing LLC. in Docket No. EL14–27 to be effective Combined Notice of Filings #2 Filed Date: 8/5/15. 10/1/2016. Take notice that the Commission Filed Date: 8/4/15. Accession Number: 20150805–5100. received the following exempt Accession Number: 20150804–5128. Comments Due: 5 p.m. ET 8/26/15. wholesale generator filings: Comments Due: 5 p.m. ET 8/25/15. Docket Numbers: ER15–2378–000. Take notice that the Commission Docket Numbers: EG15–108–000. Applicants: San Diego Gas & Electric received the following electric rate Applicants: Willey Battery Utility, Company. filings: LLC. Description: Willey Battery Utility, Description: § 205(d) Rate Filing: Docket Numbers: ER15–2384–000. LLC Notice of Self-Certification of System Impact Study Agreement, Exempt Wholesale Generator Status. Service Agreement No. 51 to be effective Applicants: Northern States Power Company, a Minnesota corporation. Filed Date: 8/5/15. 6/24/2015. Accession Number: 20150805–5048. Filed Date: 8/4/15. Description: Section 205(d) Rate Comments Due: 5 p.m. ET 8/26/15. Accession Number: 20150804–5154. Filing: 2015–8–5_NSP–CHAK–SSA– Comments Due: 5 p.m. ET 8/25/15. Take notice that the Commission 582–0.0.0-Filing to be effective 10/4/ received the following electric rate The filings are accessible in the 2015. filings: Commission’s eLibrary system by Filed Date: 8/5/15. clicking on the links or querying the Docket Numbers: ER11–3460–008; docket number. Accession Number: 20150805–5091. ER12–1301–006. Applicants: Bayonne Energy Center, Any person desiring to intervene or Comments Due: 5 p.m. ET 8/26/15. protest in any of the above proceedings LLC, Zone J Tolling Co., LLC. Description: Supplement to May 1, must file in accordance with Rules 211 Docket Numbers: ER15–2385–000. 2015 Notice of Non-Material Change In and 214 of the Commission’s Applicants: NorthWestern Status of Bayonne Energy Center, LLC, Regulations (18 CFR 385.211 and Corporation. et al. 385.214) on or before 5:00 p.m. Eastern Description: NorthWestern Filed Date: 7/28/15. time on the specified comment date. Corporation submits Average System Accession Number: 20150728–5143. Protests may be considered, but Cost Filing for Sales of Electric Power to Comments Due: 5 p.m. ET 8/18/15. intervention is necessary to become a the Bonneville Power Administration, Docket Numbers: ER15–2149–001. party to the proceeding. FY 2016–2017. Applicants: Century Marketer LLC. eFiling is encouraged. More detailed Filed Date: 8/5/15. Description: Tariff Amendment: information relating to filing MBRA Tariff to be effective 9/24/2015. requirements, interventions, protests, Accession Number: 20150805–5118. Filed Date: 8/4/15. service, and qualifying facilities filings Comments Due: 5 p.m. ET 8/26/15. Accession Number: 20150804–5093. can be found at: http://www.ferc.gov/ Comments Due: 5 p.m. ET 8/25/15. docs-filing/efiling/filing-req.pdf. For The filings are accessible in the Docket Numbers: ER15–2379–000. other information, call (866) 208–3676 Commission’s eLibrary system by Applicants: Beaver Ridge Wind, LLC. (toll free). For TTY, call (202) 502–8659. clicking on the links or querying the Description: Notice of cancellation of Dated: August 5, 2015. docket number. market base tariff of Beaver Ridge Wind, Nathaniel J. Davis, Sr., Any person desiring to intervene or LLC. Deputy Secretary. protest in any of the above proceedings Filed Date: 8/4/15. [FR Doc. 2015–19683 Filed 8–10–15; 8:45 am] must file in accordance with Rules 211 Accession Number: 20150804–5186. Comments Due: 5 p.m. ET 8/25/15. BILLING CODE 6717–01–P and 214 of the Commission’s Regulations (18 CFR 385.211 and Docket Numbers: ER15–2380–000. 385.214) on or before 5:00 p.m. Eastern Applicants: Willey Battery Utility, DEPARTMENT OF ENERGY time on the specified comment date. LLC. Protests may be considered, but Description: Baseline eTariff Filing: Federal Energy Regulatory intervention is necessary to become a Initial Baseline Filing—Willey Battery Utility to be effective 8/5/2015. Commission party to the proceeding. Filed Date: 8/5/15. Combined Notice of Filings #3 eFiling is encouraged. More detailed Accession Number: 20150805–5030. information relating to filing Comments Due: 5 p.m. ET 8/26/15. Take notice that the Commission requirements, interventions, protests, Docket Numbers: ER15–2381–000. received the following exempt service, and qualifying facilities filings Applicants: AEP Texas North wholesale generator filings: can be found at: http://www.ferc.gov/ Company. Docket Numbers: EG15–109–000. docs-filing/efiling/filing-req.pdf. For Description: Section 205(d) Rate Applicants: Little Elk Wind Project, other information, call (866) 208–3676 Filing: TNC–OCI Alamo 6 SUA to be LLC. (toll free). For TTY, call (202) 502–8659. effective 7/16/2015. Description: Self-Certification of EG or Dated: August 5, 2015. Filed Date: 8/5/15. FC of Little Elk Wind Project, LLC. Accession Number: 20150805–5046. Filed Date: 8/5/15. Nathaniel J. Davis, Sr., Comments Due: 5 p.m. ET 8/26/15. Accession Number: 20150805–5092. Deputy Secretary. Docket Numbers: ER15–2382–000. Comments Due: 5 p.m. ET 8/26/15. [FR Doc. 2015–19685 Filed 8–10–15; 8:45 am] Applicants: AEP Texas Central Docket Numbers: EG15–110–000. BILLING CODE 6717–01–P Company.

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Description: Section 205(d) Rate this EA in its decision-making process of comments and has expert staff Filing: TCC-Chapman Ranch Wind I to determine whether the project is in available to assist you at (202) 502–8258 SUA to be effective 7/16/2015. the public convenience and necessity. or [email protected]. Please carefully Filed Date: 8/5/15. This notice announces the opening of follow these instructions so that your Accession Number: 20150805–5051. the scoping process the Commission comments are properly recorded. Comments Due: 5 p.m. ET 8/26/15. will use to gather input from the public (1) You can file your comments Docket Numbers: ER15–2383–000. and interested agencies on the project. electronically using the eComment Applicants: AEP Texas Central You can make a difference by providing feature on the Commission’s Web site Company. us with your specific comments or (www.ferc.gov) under the link to Description: Section 205(d) Rate concerns about the project. Your Documents and Filings. This is an easy Filing: TCC-Sendero Wind Energy IA comments should focus on the potential method for submitting brief, text-only Second Amend & Restated to be environmental effects, reasonable comments on a project; alternatives, and measures to avoid or effective 9/19/2014. (2) You can file your comments lessen environmental impacts. Your Filed Date: 8/5/15. electronically by using the eFiling input will help the Commission staff Accession Number: 20150805–5052. feature on the Commission’s Web site determine what issues they need to Comments Due: 5 p.m. ET 8/26/15. (www.ferc.gov) under the link to evaluate in the EA. To ensure that your The filings are accessible in the Documents and Filings. With eFiling, comments are timely and properly Commission’s eLibrary system by you can provide comments in a variety recorded, please send your comments so clicking on the links or querying the of formats by attaching them as a file that the Commission receives them in docket number. with your submission. New eFiling Washington, DC on or before September Any person desiring to intervene or users must first create an account by protest in any of the above proceedings 4, 2015. If you sent comments on this project clicking on ‘‘eRegister.’’ If you are filing must file in accordance with Rules 211 a comment on a particular project, and 214 of the Commission’s to the Commission before the opening of this docket on July 6, 2015, you will please select ‘‘Comment on a Filing’’ as Regulations (18 CFR 385.211 and the filing type; or 385.214) on or before 5:00 p.m. Eastern need to file those comments in Docket No. CP15–520–000 to ensure they are (3) You can file a paper copy of your time on the specified comment date. comments by mailing them to the Protests may be considered, but considered as part of this proceeding. This notice is being sent to the following address. Be sure to reference intervention is necessary to become a Commission’s current environmental the project docket number (CP15–520– party to the proceeding. mailing list for this project. State and 000) with your submission: Kimberly D. eFiling is encouraged. More detailed local government representatives should Bose, Secretary, Federal Energy information relating to filing notify their constituents of this Regulatory Commission, 888 First Street requirements, interventions, protests, proposed project and encourage them to NE., Room 1A, Washington, DC 20426. service, and qualifying facilities filings comment on their areas of concern. Summary of the Proposed Project can be found at: http://www.ferc.gov/ If you are a landowner receiving this docs-filing/efiling/filing-req.pdf. For notice, a pipeline company TGP proposes to construct and other information, call (866) 208–3676 representative may contact you about operate pipeline facilities, to modify (toll free). For TTY, call (202) 502–8659. the acquisition of an easement to existing aboveground facilities, and add Dated: August 5, 2015. construct, operate, and maintain the new tie-in facilities in Susquehanna Nathaniel J. Davis, Sr., proposed facilities. The company would County, Pennsylvania. The Triad Deputy Secretary. seek to negotiate a mutually acceptable Expansion Project would provide about [FR Doc. 2015–19684 Filed 8–10–15; 8:45 am] agreement. However, if the Commission 180,000 dekatherms per day of natural BILLING CODE 6717–01–P approves the project, that approval gas. According to TGP, its project would conveys with it the right of eminent meet the needs of a new natural gas- domain. Therefore, if easement fired power plant to be constructed in DEPARTMENT OF ENERGY negotiations fail to produce an Lackawanna County, Pennsylvania. agreement, the pipeline company could The Triad Expansion Project would Federal Energy Regulatory initiate condemnation proceedings consist of the following facilities: Commission where compensation would be • Approximately 7.0 miles of new 36- [Docket No. CP15–520–000] determined in accordance with state inch-diameter looping 1 pipeline in law. Susquehanna County, Pennsylvania; TGP provided landowners with a fact Tennessee Gas Pipeline Company, • a new internal pipeline inspection sheet prepared by the FERC entitled L.L.C.; Notice of Intent To Prepare an (‘‘pig’’) 2 launcher, crossover, and ‘‘An Interstate Natural Gas Facility On Environmental Assessment for the connecting facilities at the beginning of My Land? What Do I Need To Know?’’ Proposed Triad Expansion Project and the proposed pipeline loop in This fact sheet addresses a number of Request for Comments on Susquehanna County, Pennsylvania; typically asked questions, including the Environmental Issues and use of eminent domain and how to • The staff of the Federal Energy participate in the Commission’s a new pig receiver, a new odorant Regulatory Commission (FERC or proceedings. It is also available for facility, and ancillary piping at the Commission) will prepare an viewing on the FERC Web site existing Compressor Station 321 in environmental assessment (EA) that will (www.ferc.gov). Susquehanna County, Pennsylvania. discuss the environmental impacts of the Triad Expansion Project involving Public Participation 1 A pipeline loop is a segment of pipe constructed construction and operation of facilities For your convenience, there are three parallel to an existing pipeline to increase capacity. 2 A ‘‘pig’’ is a tool that the pipeline company by Tennessee Gas Pipeline Company, methods you can use to submit your inserts into and pushes through the pipeline for L.L.C. (TGP) in Susquehanna County, comments to the Commission. The cleaning the pipeline, conducting internal Pennsylvania. The Commission will use Commission encourages electronic filing inspections, or other purposes.

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The general location of the project We will also evaluate reasonable Environmental Mailing List 3 facilities is shown in appendix 1. alternatives to the proposed project or The environmental mailing list portions of the project, and make Land Requirements for Construction includes federal, state, and local recommendations on how to lessen or government representatives and Construction of the proposed facilities avoid impacts on the various resource agencies; elected officials; would disturb about 152 acres of land areas. environmental and public interest for the aboveground facilities and the The EA will present our independent groups; Native American Tribes; other pipeline, 71 acres of which are analysis of the issues. The EA will be interested parties; and local libraries associated with existing permanent TGP available in the public record through and newspapers. This list also includes rights-of-way. Following construction, eLibrary. We will publish and distribute all affected landowners (as defined in TGP would maintain about 43 acres for the EA to the public for an allotted the Commission’s regulations) who are permanent operation of the project’s comment period. We will consider all potential right-of-way grantors, whose facilities, 33 acres of which are comments on the EA before making our property may be used temporarily for associated with existing permanent TGP recommendations to the Commission. project purposes, or who own homes rights-of-way; the remaining acreage To ensure we have the opportunity to within certain distances of aboveground would be restored and revert to former consider and address your comments, facilities, and anyone who submits uses. The majority of the proposed please carefully follow the instructions comments on the project. We will pipeline route parallels TGP’s existing in the Public Participation section, update the environmental mailing list as 300 Line rights-of-way. In addition, the beginning on page 2. the analysis proceeds to ensure that we compressor station modifications would With this notice, we are asking send the information related to this be constructed within TGP’s existing agencies with jurisdiction by law and/ environmental review to all individuals, property boundaries. or special expertise with respect to the organizations, and government entities The EA Process environmental issues of this project to interested in and/or potentially affected formally cooperate with us in the by the proposed project. The National Environmental Policy 5 preparation of the EA. Agencies that Copies of the EA will be sent to the Act (NEPA) requires the Commission to would like to request cooperating take into account the environmental environmental mailing list for public agency status should follow the review and comment. If you would impacts that could result from an action instructions for filing comments whenever it considers the issuance of a prefer to receive a paper copy of the provided under the Public Participation document instead of the CD version or Certificate of Public Convenience and section of this notice. Necessity. NEPA also requires us 4 to would like to remove your name from discover and address concerns the Consultations Under Section 106 of the the mailing list, please return the public may have about proposals. This National Historic Preservation Act attached Information Request (appendix 2). process is referred to as ‘‘scoping.’’ The In accordance with the Advisory main goal of the scoping process is to Council on Historic Preservation’s Becoming an Intervenor focus the analysis in the EA on the implementing regulations for section In addition to involvement in the EA important environmental issues. By this 106 of the National Historic notice, the Commission requests public scoping process, you may want to Preservation Act, we are using this become an ‘‘intervenor’’ which is an comments on the scope of the issues to notice to initiate consultation with the address in the EA. We will consider all official party to the Commission’s applicable State Historic Preservation proceeding. Intervenors play a more filed comments during the preparation Office (SHPO), and to solicit their views of the EA. formal role in the process and are able and those of other government agencies, to file briefs, appear at hearings, and be In the EA we will discuss impacts that interested Indian tribes, and the public could occur as a result of the heard by the courts if they choose to on the project’s potential effects on appeal the Commission’s final ruling. construction and operation of the historic properties.6 We will define the proposed project under these general An intervenor formally participates in project-specific Area of Potential Effects the proceeding by filing a request to headings: (APE) in consultation with the SHPO as • Geology and soils; intervene. Instructions for becoming an • the project develops. On natural gas intervenor are in the ‘‘Document-less land use; facility projects, the APE at a minimum • water resources, fisheries, and Intervention Guide’’ under the ‘‘e-filing’’ encompasses all areas subject to ground link on the Commission’s Web site. wetlands; disturbance (examples include • cultural resources; Motions to intervene are more fully construction right-of-way, contractor/ • vegetation and wildlife, including described at http://www.ferc.gov/ pipe storage yards, compressor stations, migratory birds; resources/guides/how-to/intervene.asp. • and access roads). Our EA for this air quality and noise; Additional Information • endangered and threatened species; project will document our findings on • public safety; and the impacts on historic properties and Additional information about the • cumulative impacts. summarize the status of consultations project is available from the under section 106. Commission’s Office of External Affairs, 3 The appendices referenced in this notice will at (866) 208–FERC, or on the FERC Web not appear in the Federal Register. Copies of 5 The Council on Environmental Quality site at www.ferc.gov using the appendices were sent to all those receiving this regulations addressing cooperating agency ‘‘eLibrary’’ link. Click on the eLibrary notice in the mail and are available at www.ferc.gov responsibilities are at Title 40, Code of Federal using the link called ‘‘eLibrary’’ or from the Regulations, Part 1501.6. link, click on ‘‘General Search’’ and Commission’s Public Reference Room, 888 First 6 The Advisory Council on Historic Preservation’s enter the docket number, excluding the Street NE., Washington, DC 20426, or call (202) regulations are at Title 36, Code of Federal last three digits in the Docket Number 502–8371. For instructions on connecting to Regulations, Part 800. Those regulations define field (i.e., CP15–520). Be sure you have eLibrary, refer to the last page of this notice. historic properties as any prehistoric or historic 4 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the district, site, building, structure, or object included selected an appropriate date range. For environmental staff of the Commission’s Office of in or eligible for inclusion in the National Register assistance, please contact FERC Online Energy Projects. of Historic Places. Support at [email protected]

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or toll free at (866) 208–3676, or for Upper Bear Creek Development (without notices of intent), or notices of TTY, contact (202) 502–8659. The The Upper Bear Creek development intent to file competing applications: 60 eLibrary link also provides access to the would consist of the following existing days from the issuance of this notice. texts of formal documents issued by the facilities: (1) A reservoir with a surface Competing applications and notices of Commission, such as orders, notices, area of one acre and storage capacity of intent must meet the requirements of 18 and rulemakings. two acre-feet; (2) a 100-foot-long, 6-foot- CFR 4.36. In addition, the Commission offers a high diversion with an integrated 30- The Commission strongly encourages free service called eSubscription which foot-long, 6-foot-high ungated overflow electronic filing. Please file comments, allows you to keep track of all formal spillway, (3) a powerhouse containing a motions to intervene, notices of intent, issuances and submittals in specific 250-kilowatt (kW) Francis turbine; (4) and competing applications using the dockets. This can reduce the amount of an 8-foot-wide tailrace; and (5) a total of Commission’s eFiling system at http:// time you spend researching proceedings 1,850 feet of access roads. All of these www.ferc.gov/docs-filing/efiling.asp. by automatically providing you with facilities will be renovated or repaired. Commenters can submit brief comments notification of these filings, document The Upper Bear Creek development up to 6,000 characters, without prior summaries, and direct links to the would also consist of the following new registration, using the eComment system documents. Go to www.ferc.gov/docs- facilities: (1) A 400-foot-long, 36-inch- at http://www.ferc.gov/docs-filing/ filing/esubscription.asp. diameter above-ground steel penstock ecomment.asp. You must include your routed through the existing penstock name and contact information at the end Finally, public meetings or site visits alignment; (2) a 250-kW generator; (3) a of your comments. For assistance, will be posted on the Commission’s 350-foot-long, 12.5-kilovolt (kV) three- please contact FERC Online Support at calendar located at www.ferc.gov/ phase transmission line interconnecting [email protected], (866) EventCalendar/EventsList.aspx along with the existing Bear Creek Project 208–3676 (toll free), or (202) 502–8659 with other related information. transmission line; and (4) appurtenant (TTY). In lieu of electronic filing, please Dated: August 5, 2015. facilities. The estimated annual send a paper copy to: Secretary, Federal Nathaniel J. Davis, Sr., generation of the Upper Bear Creek Energy Regulatory Commission, 888 Deputy Secretary. development would be 1.2 gigawatt- First Street NE., Washington, DC 20426. [FR Doc. 2015–19687 Filed 8–10–15; 8:45 am] hours (GWh). The first page of any filing should include docket number P–14678–000. BILLING CODE 6717–01–P Lower Bear Creek Development More information about this project, The Lower Bear Creek development including a copy of the application, can DEPARTMENT OF ENERGY would consist of the following existing be viewed or printed on the ‘‘eLibrary’’ facilities: (1) A reservoir with a surface link of Commission’s Web site at Federal Energy Regulatory area of 1.7 acre; (2) a 235-foot-long, 24- http://www.ferc.gov/docs-filing/ Commission foot-high diversion structure with an elibrary.asp. Enter the docket number integrated 82-foot-long, 24-foot-high (P–14678) in the docket number field to [Project No. 14678–000] ungated overflow spillway; (3) a access the document. For assistance, powerhouse containing three 600-kW contact FERC Online Support. Liquid Sun Hydro, LLC; Notice of Pelton turbines; (4) two tailraces; and (5) Dated: August 5, 2015. Preliminary Permit Application a total of 4,350 feet of access roads. All Accepted for Filing and Soliciting of these facilities will be renovated or Nathaniel J. Davis, Sr., Comments, Motions To Intervene, and repaired. The Lower Bear Creek Deputy Secretary. Competing Applications development would also consist of the [FR Doc. 2015–19694 Filed 8–10–15; 8:45 am] following new facilities: (1) A 2,800- BILLING CODE 6717–01–P On May 1, 2015, the Liquid Sun foot-long, 36-inch-diameter above- Hydro, LLC, filed an application for a ground steel penstock routed through preliminary permit, pursuant to section the existing penstock alignment; (2) a DEPARTMENT OF ENERGY 4(f) of the Federal Power Act (FPA), 4,000-kW Francis replacing the existing Federal Energy Regulatory proposing to study the feasibility of the three Pelton turbines; (3) a 3.5-mile- Commission Bear Creek Hydroelectric Project (Bear long, 12.5-kV three-phase transmission line interconnecting with the Puget Creek Project or project) to be located on Combined Notice of Filings Bear Creek, near Concrete, Skagit Sound Energy transmission lines at Lake County, Washington. The sole purpose Tyree; and (4) appurtenant facilities. Take notice that the Commission has of a preliminary permit, if issued, is to The estimated annual generation of the received the following Natural Gas grant the permit holder priority to file Lower Bear Creek development would Pipeline Rate and Refund Report a license application during the permit be 15 GWh. Filings: term. A preliminary permit does not Both developments would be Filings Instituting Proceedings authorize the permit holder to perform operated as a run-of-river facilities and any land-disturbing activities or have no usable storage. The estimated Docket Numbers: PR15–40–000. total annual generation of the project otherwise enter upon lands or waters Applicants: Kinder Morgan Keystone would be 16.2 GWh. owned by others without the owners’ Gas Storage LLC. Applicant Contact: Mr. Terrance express permission. Meyer, Liquid Sun Hydro, LLC, 55753 Description: Submits tariff filing per The proposed project would consist of State Route 20, P.O. Box 205, Rockport, 284.123(e) + (g): DART Implementation two developments: The Upper Bear Washington 98283; phone: (785) 865– Filing to be effective 10/1/2015; Filing Creek and the Lower Bear Creek, using 8758. Type: 1280. some of the existing facilities from Puget FERC Contact: Kelly Wolcott; phone: Filed Date: 7/31/15. Sound Power and Light Co.’s Bear Creek (202) 502–6480. Accession Number: 20150731–5093. Project (P–3286) which was surrendered Deadline for filing comments, motions Comments Due: 5 p.m. ET in 1983. to intervene, competing applications 8/21/15

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284.123(g) Protests Due: 5 p.m. ET 9/ (Notice) to provide landowners Commission and its environmental 29/15. potentially affected by additional review process, the ‘‘For Citizens’’ Docket Numbers: RP15–1179–000. pipeline route alternatives an section of the FERC Web site Applicants: Natural Gas Pipeline opportunity to comment on impacts (www.ferc.gov) provides information Company of America. associated with these newly identified about getting involved in FERC Description: Section 4(d) Rate Filing: routes. The FERC is the lead federal jurisdictional projects, and a citizens’ Negotiated Rate—J Aron to be effective agency responsible for conducting the guide entitled ‘‘An Interstate Natural 9/1/2015. environmental review of the ACP Gas Facility On My Land? What Do I Filed Date: 8/4/15. Project. The Commission’s staff will Need to Know?’’ This guide addresses a Accession Number: 20150804–5042. prepare an environmental impact number of frequently asked questions, Comments Due: 5 p.m. ET 8/17/15. statement (EIS) that discusses the including the use of eminent domain Docket Numbers: RP15–1180–000. environmental impacts of the ACP and how to participate in the Applicants: Rager Mountain Storage Project. This EIS will be used in part by Commission’s proceedings. Company LLC. the Commission to determine whether Project Summary and Background Description: Compliance filing the ACP Project is in the public Lending and Parking Service— convenience and necessity. The ACP Project would involve the Compliance Filing to be effective 9/3/ You have been identified as a construction and operation of 556 miles 2015. landowner that may be affected by new of variable diameter natural gas pipeline Filed Date: 8/3/15. alternatives being considered. in West Virginia, Virginia, and North Accession Number: 20150803–5288. Information in this Notice is provided to Carolina. The pipeline facilities Comments Due: 5 p.m. ET 8/17/15. familiarize you with these new associated with the ACP Project would The filings are accessible in the alternatives, the ACP Project as a whole, be comprised of four main components Commission’s eLibrary system by and the Commission’s environmental as follows: review process, and instruct you on how • clicking on the links or querying the Approximately 292.8 miles of 42- to submit comments about the ACP docket number. inch-diameter pipeline in Harrison, Any person desiring to intervene or Project and the alternatives under Lewis, Upshur, Randolph, and protest in any of the above proceedings consideration. This Notice is also being Pocahontas Counties, West Virginia; sent to federal, state, and local must file in accordance with Rules 211 Highland, Augusta, Nelson, government agencies; elected officials; and 214 of the Commission’s Buckingham, Cumberland, Prince environmental and public interest Regulations (18 CFR 385.211 and Edward, Nottoway, Dinwiddie, groups; Native American tribes; other 385.214) on or before 5:00 p.m. Eastern Brunswick, and Greensville Counties, interested parties; and local libraries time on the specified comment date. Virginia; and Northampton County, and newspapers in the vicinity of these Protests may be considered, but North Carolina; alternatives. We encourage elected intervention is necessary to become a • approximately 181.5 miles of 36- officials and government representatives party to the proceeding. inch-diameter pipeline in Northampton, to notify their constituents about the eFiling is encouraged. More detailed Halifax, Nash, Wilson, Johnston, ACP Project and inform them on how information relating to filing Sampson, Cumberland, and Robeson they can comment on their areas of requirements, interventions, protests, Counties, North Carolina; concern. Please note that comments on service, and qualifying facilities filings • approximately 77.6 miles of 20- this Notice should be filed with the can be found at: http://www.ferc.gov/ inch-diameter lateral pipeline in Commission by September 4, 2015. docs-filing/efiling/filing-req.pdf. For Northampton County, North Carolina; If your property would be affected by Greensville and Southampton, Counties, other information, call (866) 208–3676 one of the alternatives under Virginia; and the Cities of Suffolk and (toll free). For TTY, call (202) 502–8659. consideration, you should have already Chesapeake, Virginia; Dated: August 5, 2015. been contacted by an Atlantic • approximately 3.1 miles of 16-inch- representative. An Atlantic Nathaniel J. Davis, Sr., diameter natural gas lateral pipeline in representative may have also contacted Deputy Secretary. Brunswick County, Virginia; and you or may contact you in the near [FR Doc. 2015–19688 Filed 8–10–15; 8:45 am] • approximately 1.0 mile of 16-inch- future about the acquisition of an BILLING CODE 6717–01–P diameter natural gas lateral pipeline in easement to construct, operate, and Greenville County, Virginia. maintain the planned facilities or In addition to the planned pipelines, DEPARTMENT OF ENERGY request permission to perform environmental surveys on your Atlantic plans to construct and operate three new compressor stations totaling Federal Energy Regulatory property. Some landowners may not be 117,405 horsepower of compression. Commission contacted if the alternative across their property is found to be either not These compressor stations would be [Docket No. PF15–6–000] feasible or not environmentally located in Lewis County, West Virginia; Buckingham County, Virginia; and Atlantic Coast Pipeline, LLC; preferable to other alternatives being considered. If the Commission approves Northampton County, North Carolina. Supplemental Notice of Intent To Atlantic would also install metering Prepare an Environmental Impact the ACP Project, that approval conveys with it the right of eminent domain. stations, valves, pig launcher/receiver Statement for the Planned Atlantic 1 Therefore, if easement negotiations fail sites, and associated appurtenances Coast Pipeline Project, and Request along the planned pipeline system. for Comments on Environmental to produce an agreement, the pipeline company could initiate condemnation Dominion Transmission, Inc. Issues Related to New Alternatives (Dominion) is planning to construct the Under Consideration proceedings where compensation would be determined in accordance with state 1 A ‘‘pig’’ is a tool that the pipeline company The Federal Energy Regulatory law. inserts into and pushes through the pipeline for Commission (FERC or Commission) is To help potentially affected cleaning the pipeline, conducting internal issuing this supplemental notice landowners better understand the inspections, or other purposes.

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Supply Header Project (SHP), which we and to ensure that potential The EIS Process will review concurrently with the ACP environmental impacts are minimized Project. The SHP would involve the to the extent practical and that public The National Environmental Policy construction and operation of concerns are fully addressed during the Act (NEPA) requires the Commission to approximately 36.7 miles of pipeline Pre-filing Process, additional take into account the environmental loop 2 and the modification of existing alternatives have been identified and are impacts that could result from an action compression facilities in Pennsylvania being considered. whenever it considers the issuance of a and West Virginia. The pipeline Certificate of Public Convenience and facilities associated with the SHP would Project Alternatives Necessity. NEPA also requires us to be comprised of two main components: discover and address concerns the The following new alternatives are public may have about proposals. This (1) Approximately 3.9 miles of 30-inch- now being analyzed. Illustrations of diameter natural gas pipeline loop process is referred to as scoping. The these alternatives are provided in adjacent to Dominion’s existing LN–25 main goal of the scoping process is to Appendix 1.3 Detailed alternative route pipeline in Westmoreland County, focus the analysis in the EIS on the location information can be found on Pennsylvania; and (2) approximately important environmental issues. By this Dominion’s interactive web mapping 32.8 miles of 36-inch-diameter pipeline notice, the Commission requests public application at https://www.dom.com/ loop adjacent to Dominion’s existing comments on the planned ACP Project corporate/what-we-do/atlantic-coast- TL–360 pipeline in Harrison, and the three alternatives identified pipeline. Doddridge, Tyler, and Wetzel Counties, above. We will consider all filed West Virginia. Brunswick Route Alternative (Brunswick comments that are suggested during the In addition to the planned pipelines, and Greensville Counties, Virginia) preparation of the EIS. Dominion plans to modify four existing Our independent analysis of the compressor stations in Westmoreland The Brunswick Route Alternative issues will be presented in a draft EIS and Green Counties, Pennsylvania and would deviate from Atlantic’s planned that will be placed in the public record, Marshall and Wetzel Counties, West route near AP–1 milepost (MP) 259 and published, and distributed to the public Virginia. Dominion would install new extend south and for approximately 20.9 for comments. We will also hold public gas-fired turbines that would provide for miles before rejoining the planned route comment meetings in the project area a combined increase of 77,230 near AP–1 MP 277. The majority of the and will address comments on the draft horsepower of compression. Dominion Brunswick Route Alternative would EIS in a final EIS. The final EIS will also would also install new valves, pig follow a recently constructed electric be placed in the public record, launcher/receiver sites, and associated transmission line. The Brunswick Route published, and distributed to the public. appurtenances at these existing Alternative would reduce the length of To ensure your comments are compressor station locations. the planned AP–3 lateral pipeline. considered, please carefully follow the The SHP and ACP Projects would be Boykins Route Alternative instructions in the Public Participation capable of delivering 1.5 billion cubic section on the following page. feet of natural gas per day to eight (Southampton County, Virginia) planned distribution points in West Consultations Under Section 106 of the The Boykins Route Alternative would National Historic Preservation Act Virginia, Virginia, and North Carolina. If deviate from Atlantic’s planned route approved, construction of the projects is near AP–3 MP 14.5 and extend for In accordance with the Advisory proposed to begin in September 2016. approximately 13 miles in a northeast On November 13, 2014 the Council on Historic Preservation’s direction before rejoining the planned Commission’s environmental staff implementing regulations for Section AP–3 route at approximate AP–3 MP 28. approved Atlantic’s and Dominion’s 106 of the National Historic The majority of the Boykins Route request to use the Commission Pre-filing Preservation Act, we are using this Alternative would follow an existing Process for the SHP and ACP Project. notice to initiate consultation with the The purpose of the Pre-filing Process is 115 kilovolt electric transmission line. applicable State Historic Preservation to encourage the early involvement of Offices, and to solicit their views and Franklin Route Alternative those of other government agencies, interested stakeholders to identify and (Southampton and Isle of Wright resolve project-related issues before an interested Indian tribes, and the public Counties and the Cities of Franklin and on the projects’ potential effects on application is filed with the Suffolk, Virginia) 4 Commission. On February 27, 2015 the historic properties. We will define the Commission issued a Notice of Intent to The Franklin Route Alternative would project-specific Area of Potential Effects Prepare an Environmental Impact deviate from Atlantic’s planned route (APE) in consultation with the SHPOs Statement for the Planned Supply near AP–3 MP 41 and extend for as the projects develop. On natural gas Header Project and Atlantic Coast approximately 12.5 miles in a easterly facility projects, the APE at a minimum Pipeline Project, Request for Comments direction before rejoining the planned encompasses all areas subject to ground on Environmental Issues, and Notice of AP–3 route at approximate AP–3 MP 53. disturbance (examples include Public Scoping Meetings. The majority of the Franklin Route construction right-of-way, contractor/ During the course of the Pre-filing Alternative would follow an existing pipe storage yards, compressor stations, Process, numerous concerns have been 115 kilovolt electric transmission line. and access roads). Our EIS for these expressed about the potential projects will document our findings on the impacts on historic properties and environmental impacts of the project 3 The appendices referenced in this notice will and the need to collocate the planned not appear in the Federal Register. Copies of the facilities with existing rights-of-way. appendices were sent to all those receiving this 4 The Advisory Council on Historic Preservation notice in the mail and are available at www.ferc.gov regulations are at Title 36, Code of Federal Based on the merits of these comments, using the link called ‘‘eLibrary’’ or from the Regulations, Part 800. Those regulations define Commission’s Public Reference Room, 888 First historic properties as any prehistoric or historic 2 A pipeline ‘‘loop’’ is a segment of pipe Street NE., Washington, DC 20426, or call (202) district, site, building, structure, or object included constructed parallel to an existing pipeline to 502–8371. For instructions on connecting to in or eligible for inclusion in the National Register increase capacity. eLibrary, refer to the last page of this notice. of Historic Places.

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summarize the status of consultations and newspapers. This list also includes allows you to keep track of all formal under Section 106. all affected landowners (as defined in issuances and submittals in specific the Commission’s regulations) who are dockets. This can reduce the amount of Public Participation potential right-of-way grantors, whose time you spend researching proceedings You can make a difference by property may be used temporarily for by automatically providing you with providing us with your specific project purposes, or who own homes notification of these filings, document comments or concerns about the within certain distances of aboveground summaries, and direct links to the alternatives presented above and about facilities, as well as anyone who documents. Go to www.ferc.gov/ the projects in general. Your comments submits comments on the projects. We esubscribenow.htm. should focus on the potential will update the environmental mailing Finally, public meetings or site visits environmental effects, reasonable list as the analysis proceeds to ensure will be posted on the Commission’s alternatives, and measures to avoid or that we send the information related to calendar located at www.ferc.gov/ lessen environmental impacts. The more this environmental review to all EventCalendar/EventsList.aspx along specific your comments, the more useful individuals, organizations, and with other related information. they will be. To ensure that your government entities interested in and/or Dated: August 5, 2015. comments are considered in a timely potentially affected by the planned manner and properly recorded, please projects. Nathaniel J. Davis, Sr., send your comments so that the Copies of the completed draft EIS will Deputy Secretary. Commission receives them in be sent to the environmental mailing list [FR Doc. 2015–19695 Filed 8–10–15; 8:45 am] Washington, DC on or before September for public review and comment. If you BILLING CODE 6717–01–P 4, 2015. would prefer to receive a paper copy of For your convenience, there are three the document instead of the CD version methods you can use to submit your or would like to remove your name from DEPARTMENT OF ENERGY comments to the Commission. In all the mailing list, please return the instances, please reference the attached Information Request Federal Energy Regulatory appropriate project docket number (appendix 2). Commission (PF15–6–000 for the ACP Project) with Becoming an Intervenor [Project No., P–12642–007] your submission. The Commission encourages electronic filing of Once Atlantic files an application Wilkesboro Hydroelectric Company; comments and has expert staff available with the Commission, you may want to Notice of Application Accepted for to assist you at (202) 502–8258 or become an ‘‘intervenor,’’ which is an Filing, Soliciting Comments, Motions [email protected]. official party to the Commission’s To Intervene, and Protests (1) You can file your comments proceeding. Intervenors play a more electronically using the eComment formal role in the process and are able Take notice that the following feature located on the Commission’s to file briefs, appear at hearings, and be hydroelectric application has been filed Web site (www.ferc.gov) under the link heard by the courts if they choose to with the Commission and is available to Documents and Filings. This is an appeal the Commission’s final ruling. for public inspection: easy method for interested persons to An intervenor formally participates in a. Type of Proceeding: Amendment of submit brief, text-only comments on a the proceeding by filing a request to License. project; intervene. Instructions for becoming an b. Project No.: 12642–007. (2) You can file your comments intervenor are in the User’s Guide under c. Date Filed: June 19, 2015. electronically using the eFiling feature the ‘‘e-filing’’ link on the Commission’s d. Licensee: Wilkesboro Hydroelectric located on the Commission’s Web site Web site. Please note that the Company. (www.ferc.gov) under the link to Commission will not accept requests for e. Name of Project: W. Kerr Scott Documents and Filings. With eFiling, intervenor status at this time. You must Hydropower Project. you can provide comments in a variety wait until the Commission receives f. Location: The proposed project of formats by attaching them as a file formal applications for the projects. would be located at the existing U.S. with your submission. New eFiling Army Corps of Engineers’ (Corps) W. Additional Information users must first create an account by Kerr Scott dam on the Yadkin River, clicking on ‘‘eRegister.’’ You must select Additional information about the ACP near Wilkesboro in Wilkes County, the type of filing you are making. If you Project is available from the North Carolina. A total of 3.5 acres of are filing a comment on a particular Commission’s Office of External Affairs, federal lands, administered by the project, please select ‘‘Comment on a at (866) 208–FERC, or on the FERC Web Corps, would be occupied by the Filing;’’ or site (www.ferc.gov) using the eLibrary proposed project. (3) You can file a paper copy of your link. Click on the eLibrary link, click on g. Filed Pursuant to: Federal Power comments by mailing them to the ‘‘General Search,’’ and enter the docket Act, 16 U.S.C. 791a–825r. following address: Kimberly D. Bose, number, excluding the last three digits h. Licensee Contact: Mr. Kevin Secretary, Federal Energy Regulatory (i.e., PF15–6). Be sure you have selected Edwards, P.O. Box 143, Mayodan, NC Commission, 888 First Street NE., Room an appropriate date range. For 27027, Telephone: (336) 589–6138, 1A, Washington, DC 20426. assistance, please contact FERC Online Email: [email protected]. Support at [email protected] i. FERC Contact: Mr. M Joseph Environmental Mailing List or toll free at (866) 208–3676, or for Fayyad, (202) 502–8759, mo.fayyad@ The environmental mailing list TTY, contact (202) 502–8659. The ferc.gov. includes federal, state, and local eLibrary link also provides access to the j. Deadline for filing comments, government representatives and texts of formal documents issued by the interventions and protests is 30 days agencies; elected officials; Commission, such as orders, notices, from the issuance date of this notice by environmental and public interest and rulemakings. the Commission. The Commission groups; Native American Tribes; other In addition, the Commission offers a strongly encourages electronic filing. interested parties; and local libraries free service called eSubscription which Please file motions to intervene, protests

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and comments using the Commission’s TTY, call (202) 502–8659. A copy is also p. A license applicant must file, no eFiling system at http://www.ferc.gov/ available for inspection and later than 60 days following the date of docs-filing/efiling.asp. Commenters can reproduction in the Commission’s issuance of this notice: (1) A copy of the submit brief comments up to 6,000 Public Reference Room located at 888 water quality certification; (2) a copy of characters, without prior registration, First Street NE., Room 2A, Washington, the request for certification, including using the eComment system at http:// DC 20426, or by calling (202) 502–8371. proof of the date on which the certifying www.ferc.gov/docs-filing/ m. Individuals desiring to be included agency received the request; or (3) ecomment.asp. You must include your on the Commission’s mailing list should evidence of waiver of water quality name and contact information at the end so indicate by writing to the Secretary certification. of your comments. For assistance, of the Commission. Dated: August 5, 2015. please contact FERC Online Support at n. Comments, Protests, or Motions to Nathaniel J. Davis, Sr., [email protected], (866) Intervene: Anyone may submit Deputy Secretary. 208–3676 (toll free), or (202) 502–8659 comments, a protest, or a motion to [FR Doc. 2015–19693 Filed 8–10–15; 8:45 am] (TTY). In lieu of electronic filing, please intervene in accordance with the send a paper copy to: Secretary, Federal requirements of Rules of Practice and BILLING CODE 6717–01–P Energy Regulatory Commission, 888 Procedure, 18 CFR 385.210, .211, .212 First Street NE., Washington, DC 20426. and .214. In determining the appropriate DEPARTMENT OF ENERGY The first page of any filing should action to take, the Commission will include docket number P–12642–007. consider all protests or other comments Federal Energy Regulatory k. Description of Request: The filed, but only those who file a motion Commission licensee proposes to revise the design of to intervene in accordance with the the project facilities as follows: (1) Commission’s Rules may become a Combined Notice of Filings Change the design and placement of the party to the proceeding. Any comments, intake structure to be located protests, or motions to intervene must Take notice that the Commission has approximately 900 feet north of the be received on or before the specified received the following Natural Gas existing intake tower on the north bank comment date for the particular Pipeline Rate and Refund Report filings: of the reservoir, rather than utilizing the application. existing intake tower for the Filings Instituting Proceedings o. Filing and Service of Responsive hydroelectric project; (2) change the size Docket Numbers: RP15–1128–000. and location of the penstock from the Documents: Any filing must (1) bear in Applicants: Columbia Gas existing discharge conduit to an 800- all capital letters the title Transmission, LLC. foot-long tunnel bored through the rock ‘‘COMMENTS’’, ‘‘PROTEST’’, or Description: Columbia Gas north abutment of the dam. The size of ‘‘MOTION TO INTERVENE’’ as Transmission, LLC submits Off System the penstock will change from the 11 applicable; (2) set forth in the heading Capacity Request. feet in diameter to 10 feet in diameter the name of the applicant and the Filed Date: 7/23/15. for the sections of penstock not bored project number of the application to Accession Number: 20150723–5037. through the rock, and reduce to 6 to 8 which the filing responds; (3) furnish Comments Due: 5 p.m. ET 8/4/15. feet in diameter for the steel-lined rock the name, address, and telephone number of the person protesting or Docket Numbers: RP15–1129–000 tunnel; (3) change the powerhouse Applicants: Equitrans, L.P. intervening; and (4) otherwise comply location from the south bank of the Description: Request of Equitrans, L.P. with the requirements of 18 CFR existing discharge channel to the north for Partial Tariff Waiver. 385.2001 through 385.2005. All bank of the discharge channel; (4) Filed Date: 7/23/15. comments, motions to intervene, or reduce the number of generating units Accession Number: 20150723–5038. protests must set forth their evidentiary from two, to a single turbine and Comments Due: 5 p.m. ET 8/4/15. generator, having a hydraulic capacity basis and otherwise comply with the requirements of 18 CFR 4.34(b). All Docket Numbers: RP15–1130–000. of 500 cubic feet per second (cfs) and an Applicants: WestGas InterState, Inc. installed capacity of 2,000 kilowatts comments, motions to intervene, or protests should relate to project works Description: Compliance filing (kW); (5) add a new impact basin 20150723_WGI Order 801 Compliance structure; (6) a 32-foot-long, 90-foot- which are the subject of the license amendment. Agencies may obtain System Map to be effective 8/24/2015. wide tailrace; and (7) change the Filed Date: 7/23/15. transmission length from 150 feet to 500 copies of the application directly from the applicant. A copy of any protest or Accession Number: 20150723–5068. feet. The proposed change to the Comments Due: 5 p.m. ET 8/4/15. generating units would reduce the motion to intervene must be served hydraulic capacity from 800 cfs to 500 upon each representative of the Docket Numbers: RP15–1131–000. cfs and the installed capacity from 4,000 applicant specified in the particular Applicants: Equitrans, L.P. kW to 2,000 kW. application. If an intervener files Description: § 4(d) Rate Filing: l. This filing may be viewed on the comments or documents with the Negotiated Capacity Release Commission’s Web site at http:// Commission relating to the merits of an Agreements—07/24/2015 to be effective www.ferc.gov/docs-filing/elibrary.asp. issue that may affect the responsibilities 7/24/2015. Enter the docket number excluding the of a particular resource agency, they Filed Date: 7/24/15. last three digits in the docket number must also serve a copy of the document Accession Number: 20150724–5048. field to access the document. You may on that resource agency. A copy of all Comments Due: 5 p.m. ET 8/5/15. also register online at http:// other filings in reference to this The filings are accessible in the www.ferc.gov/docs-filing/ application must be accompanied by Commission’s eLibrary system by esubscription.asp to be notified via proof of service on all persons listed in clicking on the links or querying the email of new filings and issuances the service list prepared by the docket number. related to this or other pending projects. Commission in this proceeding, in Any person desiring to intervene or For assistance, call 1–866–208–3676 or accordance with 18 CFR 4.34(b) and protest in any of the above proceedings email [email protected], for 385.2010. must file in accordance with Rules 211

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and 214 of the Commission’s between Woodland and Sumas, existing pipeline in 10 noncontiguous Regulations (18 CFR 385.211 and Washington. The primary purpose of the segments; § 385.214) on or before 5:00 p.m. Eastern projects is to export an equivalent of • ancillary pipeline facilities; and time on the specified comment date. about 456 billion cubic feet per year of • 96,000 hp of additional Protests may be considered, but natural gas to foreign markets. compression at five existing compressor intervention is necessary to become a The draft EIS assesses the potential stations. party to the proceeding. environmental effects of the Northwest’s project would also eFiling is encouraged. More detailed construction and operation of the include abandonment and removal of information relating to filing Oregon LNG and Washington Expansion existing pipeline and aboveground requirements, interventions, protests, Projects in accordance with the facilities. service, and qualifying facilities filings requirements of the National The FERC staff mailed copies of the can be found at: http://www.ferc.gov/ Environmental Policy Act (NEPA). The draft EIS to federal, state, and local docs-filing/efiling/filing-req.pdf. For FERC staff concludes that approval of government representatives and other information, call (866) 208–3676 the proposed projects would result in agencies; elected officials; (toll free). For TTY, call (202) 502–8659. some adverse environmental impacts; environmental and public interest however, most of these impacts would groups; Native American tribes; Dated: July 27, 2015. be reduced to less-than-significant potentially affected landowners; other Nathaniel J. Davis, Sr., levels with the implementation of interested individuals and Deputy Secretary. Oregon LNG’s and Northwest’s nongovernmental organizations; [FR Doc. 2015–19627 Filed 8–10–15; 8:45 am] proposed mitigation and the additional newspapers and libraries in the project BILLING CODE 6717–01–P measures recommended in the draft EIS. area; and parties to these proceedings. The U.S. Environmental Protection Paper copy versions of this EIS were Agency, U.S. Army Corps of Engineers, mailed to those specifically requesting DEPARTMENT OF ENERGY U.S. Fish and Wildlife Service, U.S. them; all others received a compact disk Coast Guard, U.S. Department of Energy, version. In addition, the draft EIS is Federal Energy Regulatory and U.S. Department of Transportation’s available for public viewing on the Commission Pipeline and Hazardous Materials Safety FERC’s Web site (www.ferc.gov) using [Docket Nos. CP09–6–001; CP09–7–001; Administration participated as the eLibrary link. A limited number of Docket No. CP13–507–000] cooperating agencies in the preparation hardcopies are available for distribution of the EIS. Cooperating agencies have and public inspection at: Federal Energy LNG Development Company, LLC; jurisdiction by law or special expertise Regulatory Commission, Public Oregon Pipeline Company, LLC; with respect to resources potentially Reference Room, 888 First Street NE., Northwest Pipeline LLC; Notice of affected by the proposal and participate Room 2A, Washington, DC 20426, (202) Availability of the Draft Environmental in the NEPA analysis. Although the 502–8371. Impact Statement for the Proposed cooperating agencies provided input to Any person wishing to comment on Oregon LNG Terminal and Pipeline the conclusions and recommendations the draft EIS may do so. To ensure Project and Washington Expansion presented in the draft EIS, the agencies consideration of your comments on the Project will present their own conclusions and proposal in the final EIS, it is important recommendations in their respective that the Commission receive your The staff of the Federal Energy records of decision or determinations comments on or before October 6, 2015. Regulatory Commission (FERC or for the projects. For your convenience, there are four Commission) has prepared a draft The draft EIS addresses the potential methods you can use to submit your environmental impact statement (EIS) environmental effects of the comments to the Commission. In all for the Oregon LNG Terminal and construction and operation of the instances, please reference the project Pipeline Project (Oregon LNG Project) following facilities associated with the docket numbers (CP09–6–001, CP09–7– proposed by LNG Development Oregon LNG Project: 001, and CP13–507–000) with your Company, LLC and Oregon Pipeline • One marine terminal with a ship submission. The Commission Company, LLC (collectively referred to berth for one LNG marine carrier; encourages electronic filing of as Oregon LNG) and the Washington • two full-containment storage tanks, comments and has expert staff available Expansion Project proposed by each designed to store 160,000 cubic to assist you at (202) 502–8258 or Northwest Pipeline LLC (Northwest) in meters of LNG; [email protected]. the above-referenced dockets. Oregon • natural gas pretreatment facilities; (1) You can file your comments • LNG requests authorization under two liquefaction process trains, electronically using the eComment Section 3 of the Natural Gas Act (NGA) regasification facilities, and other feature on the Commission’s Web site to site, construct, and operate an related terminal support structures and (www.ferc.gov) under the link to import/export liquefied natural gas systems; • Documents and Filings. This is an easy (LNG) terminal in Warrenton, Oregon. an 86.8-mile-long, 36-inch-diameter method for submitting brief, text-only bidirectional pipeline; and Oregon LNG also requests a Certificate • comments on a project. of Public Convenience and Necessity one 40-megawatt (MW), 48,000- (2) You can file your comments (Certificate) pursuant to Section 7(c) of horsepower (hp) electrically driven gas electronically by using the eFiling the NGA to construct and operate a compressor station. feature on the Commission’s Web site For the Washington Expansion natural gas pipeline from the proposed (www.ferc.gov) under the link to Project, the draft EIS addresses the LNG terminal to an interconnect with Documents and Filings. With eFiling, potential environmental effects of the the interstate transmission system of you can provide comments in a variety construction and operation of: Northwest near Woodland, Washington. • 140.6 miles of 36-inch-diameter of formats by attaching them as a file Northwest requests a Certificate pipeline loop 1 along Northwest’s with your submission. New eFiling pursuant to Section 7(c) of the NGA to users must first create an account by expand the capacity of its existing 1 A pipeline loop is a segment of pipe constructed clicking on ‘‘eRegister.’’ If you are filing natural gas transmission facilities parallel to an existing pipeline to increase capacity. a comment on a particular project,

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please select ‘‘Comment on a Filing’’ as allows you to keep track of all formal Persons unable to file electronically the filing type. issuances and submittals in specific should submit an original and 5 copies (3) You can file a paper copy of your dockets. This can reduce the amount of of the intervention or protest to the comments by mailing them to the time you spend researching proceedings Federal Energy Regulatory Commission, following address: Kimberly D. Bose, by automatically providing you with 888 First Street NE., Washington, DC Secretary, Federal Energy Regulatory notification of these filings, document 20426. Commission, 888 First Street NE., Room summaries, and direct links to the The filings in the above-referenced 1A, Washington, DC 20426. documents. Go to www.ferc.gov/docs- proceeding are accessible in the (4) In lieu of sending written or filing/esubscription.asp. Commission’s eLibrary system by electronic comments, the Commission clicking on the appropriate link in the invites you to attend one of the public Dated: August 5, 2015. Nathaniel J. Davis, Sr., above list. They are also available for comment meetings its staff will conduct electronic review in the Commission’s Deputy Secretary. during the draft EIS comment period Public Reference Room in Washington, and in the project area to receive [FR Doc. 2015–19686 Filed 8–10–15; 8:45 am] DC. There is an eSubscription link on comments on the draft EIS. We BILLING CODE 6717–01–P the Web site that enables subscribers to encourage interested groups and receive email notification when a individuals to attend and present oral document is added to a subscribed DEPARTMENT OF ENERGY comments on the draft EIS. Transcripts docket(s). For assistance with any FERC of the meetings will be available for Federal Energy Regulatory Online service, please email review in eLibrary under the project Commission [email protected]. or call docket numbers. A notice of meeting (866) 208–3676 (toll free). For TTY, call times and locations will be sent to the [Docket No. ER15–2376–000] (202) 502–8659. environmental mailing list and posted on the FERC eLibrary. Energy Power Investment Company, Dated: August 5, 2015. Any person seeking to become a party LLC; Supplemental Notice That Initial Nathaniel J. Davis, Sr., to the proceeding must file a motion to Market-Based Rate Filing Includes Deputy Secretary. intervene pursuant to Rule 214 of the Request for Blanket Section 204 [FR Doc. 2015–19689 Filed 8–10–15; 8:45 am] Commission’s Rules of Practice and Authorization BILLING CODE 6717–01–P Procedures (Title 18 Code of Federal This is a supplemental notice in the Regulations Part 385.214).2 Only above-referenced proceeding of Energy intervenors have the right to seek DEPARTMENT OF ENERGY Power Investment Company, LLC’s rehearing of the Commission’s decision. application for market-based rate The Commission grants affected Federal Energy Regulatory authority, with an accompanying rate landowners and others with Commission tariff, noting that such application environmental concerns intervenor includes a request for blanket [Project No. 2242–078] status upon showing good cause by authorization, under 18 CFR part 34, of stating that they have a clear and direct Eugene Water & Electric Board; Notice future issuances of securities and interest in this proceeding that no other Soliciting Comments on Request for assumptions of liability. party can adequately represent. Simply Stay of Licensing Decision Any person desiring to intervene or to filing environmental comments will not protest should file with the Federal On July 27, 2015, the Eugene Water & give you intervenor status, but you do Energy Regulatory Commission, 888 Electric Board (EWEB), licensee for the not need intervenor status to have your First Street NE., Washington, DC 20426, Carmen-Smith Hydroelectric Project (P– comments considered. Questions? in accordance with Rules 211 and 214 2242) located on the McKenzie River in Additional information about the of the Commission’s Rules of Practice Lane and Line Counties, Oregon, project is available from the and Procedure (18 CFR 385.211 and requested that the Commission: (1) Commission’s Office of External Affairs, 385.214). Anyone filing a motion to Delay acting on its license application at (866) 208–FERC, or on the FERC Web intervene or protest must serve a copy until at least January 31, 2016, while it site (www.ferc.gov) using the eLibrary of that document on the Applicant. completes additional economic analysis link. Click on the eLibrary link, click on Notice is hereby given that the of implementing the 2008 settlement ‘‘General Search,’’ and enter the docket deadline for filing protests with regard agreement on the project; (2) hold a number(s) excluding the last three digits to the applicant’s request for blanket technical conference to discuss EWEB’s in the Docket Number field (i.e., CP09– authorization, under 18 CFR part 34, of economic analysis; and (3) designate a 6–001, CP09–7–001, and CP13–507– future issuances of securities and non-decisional separated staff to advise 000). Be sure you have selected an assumptions of liability, is August 25, EWEB about alternatives to the appropriate date range. For assistance, 2015. settlement agreement as it relates to please contact FERC Online Support at The Commission encourages project economics. This request can be electronic submission of protests and viewed at http://elibrary.ferc.gov:0/ [email protected] or toll free _ _ at (866) 208–3676; for TTY, contact interventions in lieu of paper, using the idmws/doc info.asp?document (202) 502–8659. The eLibrary link also FERC Online links at http:// id=14360392. provides access to the texts of formal www.ferc.gov. To facilitate electronic The Commission is soliciting documents issued by the Commission, service, persons with Internet access comments on this request. Any such as orders, notices, and who will eFile a document and/or be comments should be filed within 15 rulemakings. listed as a contact for an intervenor days from the date of this notice. In addition, the Commission offers a must create and validate an Comments may be filed electronically free service called eSubscription that eRegistration account using the via the Internet. See 18 CFR eRegistration link. Select the eFiling 385.2001(a)(1)(iii) and the instructions 2 See the previous discussion on the methods for link to log on and submit the on the Commission’s Web site http:// filing comments. intervention or protests. www.ferc.gov/docs-filing/efiling.asp.

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Commenters can submit brief comments • www.regulations.gov: Follow the the EPA may not be able to consider up to 6,000 characters, without prior online instructions for submitting your comment. Electronic files should registration, using the eComment system comments. avoid the use of special characters, any at http://www.ferc.gov/docs-filing/ • Email: [email protected], form of encryption, and be free of any ecomment.asp. You must include your Attention Docket ID No. EPA–HQ– defects or viruses. For additional name and contact information at the end OECA–2015–0540. information about the EPA’s public of your comments. For assistance, • Fax: (202) 566–9744, Attention docket, visit the EPA Docket Center please contact FERC Online Support. In Docket ID No. EPA–HQ–OECA–2015– homepage at http://www.epa.gov/ lieu of electronic filing, please send a 0540. epahome/dockets.htm. paper copy to: Secretary, Federal Energy • Mail: Enforcement and Compliance Docket: All documents in the docket Regulatory Commission, 888 First Street Docket Information Center, are listed in the www.regulations.gov NE., Washington, DC 20426. The first Environmental Protection Agency, index. Although listed in the index, page of any filing should include docket Mailcode: 2822T, 1200 Pennsylvania some information is not publicly number P–2242–078. Avenue NW., Washington, DC 20460, available, (e.g., CBI or other information For further information, contact David Attention Docket ID No. EPA–HQ– whose disclosure is restricted by Turner at (202) 502–6091. OECA–2015–0540. statute). Certain other material, such as • Hand Delivery: Enforcement and copyrighted material, will be publicly Dated: August 5, 2015. available only in hard copy. Publicly Nathaniel J. Davis, Sr., Compliance Docket Information Center in the EPA Docket Center (EPA/DC), available docket materials are available Deputy Secretary. EPA West, Room B 3334, 1301 either electronically at [FR Doc. 2015–19692 Filed 8–10–15; 8:45 am] Constitution Avenue NW., Washington, www.regulations.gov or in hard copy at BILLING CODE 6717–01–P DC. The EPA Docket Center Public the Enforcement and Compliance Reading Room is open from 8:30 a.m. to Docket Information Center in the EPA 4:30 p.m., Monday through Friday, Docket Center (EPA/DC), EPA West, excluding legal holidays. The telephone Room B 3334, 1301 Constitution ENVIRONMENTAL PROTECTION Avenue NW., Washington, DC. The EPA AGENCY number for the Reading Room is (202) 566–1744, and the telephone number for Docket Center Public Reading Room is the Enforcement and Compliance open from 8:30 a.m. to 4:30 p.m., [FRL–9932–14–OECA; Docket ID Number Docket is (202) 566–1927. Such Monday through Friday, excluding legal EPA–HQ–OECA–2015–0540] deliveries are only accepted during the holidays. The telephone number for the Docket’s normal hours of operation, and Reading Room is (202) 566–1744, and Clean Water Act Class II: Proposed the telephone number for the Administrative Settlement, Penalty special arrangements should be made for deliveries of boxed information. Enforcement and Compliance Docket is Assessment and Opportunity To (202) 566–1927. Comment Regarding Comcast Cable Instructions: Direct your comments to FOR FURTHER INFORMATION CONTACT: Beth Communications, L.L.C. Docket ID No. EPA–HQ–OECA–2015– Cavalier, Special Litigation and Projects 0540. The EPA’s policy is that all Division (2248–A), U.S. Environmental AGENCY: Environmental Protection comments received will be included in Protection Agency, 1200 Pennsylvania Agency (EPA). the public docket without change and Avenue NW., Washington, DC 20460; ACTION: Notice. may be made available online at telephone: (202) 564–3271; fax: (202) www.regulations.gov, including any 564–0010; email: Cavalier.Beth@ SUMMARY: The Environmental Protection personal information provided, unless epa.gov. Agency (EPA) has entered into a the comment includes information Consent Agreement with Comcast Cable claimed to be Confidential Business Background Communications, L.L.C. (Comcast or Information (CBI) or other information Respondent) to resolve violations of the This proposed settlement agreement whose disclosure is restricted by statute. is the result of voluntary disclosures of Clean Water Act (CWA) and the Do not submit information that you Emergency Planning and Community CWA and EPCRA violations by Comcast consider to be CBI or otherwise to the EPA. Comcast is among the Right-to-Know Act (EPCRA) and their protected through www.regulations.gov. implementing regulations. largest providers of cable services in the The www.regulations.gov Web site is an United States, offering a variety of The Administrator is hereby ‘‘anonymous access’’ system, which providing public notice of this Consent entertainment, information, and means the EPA will not know your communications solutions to residential Agreement and proposed Final Order identity or contact information unless (CAFO), and providing an opportunity and commercial customers, and is you provide it in the body of your located at 1701 John F. Kennedy for interested persons to comment on comment. If you send an email the CWA and EPCRA portions of the Boulevard, Philadelphia, PA 19103, and comment directly to the EPA without incorporated in Delaware. The Comcast CAFO, pursuant to CWA Section going through www.regulations.gov, facilities that underwent audits 311(b)(6)(C), 33 U.S.C. 1321(b)(6)(C). your email address will be included engineering facilities, Upon closure of the public comment automatically captured and included as customer service centers, field period, the CAFO and any public part of the comment that is placed in the technician fulfillment offices, call comments will be forwarded to the public docket and made available on the centers, warehouses and administrative Agency’s Environmental Appeals Board Internet. If you submit an electronic offices. (EAB). comment, the EPA recommends that On August 11, 2014, the EPA and DATES: Comments are due on or before you include your name and other Respondent entered into a corporate September 10, 2015. contact information in the body of your audit agreement pursuant to the ADDRESSES: Submit your comments, comment and with any disk or CD–ROM Agency’s policy on Incentives for Self- identified by Docket ID No. EPA–HQ– you submit. If the EPA cannot read your Policing: Discovery, Disclosure, OECA–2015–0540, by one of the comment due to technical difficulties Correction and Prevention of Violations following methods: and cannot contact you for clarification, (Audit Policy), 65 FR 19618 (Apr. 11,

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2000), in which Respondent agreed to Arkansas, Georgia, South Carolina, and Under EPCRA Section 325, 42 U.S.C. conduct a systematic, documented, and Tennessee, identified in Attachment B. 11045, the Administrator may issue an objective review of its compliance with Under CWA Section 311(b)(6)(A), 33 administrative order assessing a civil applicable provisions of the CWA and U.S.C. 1321(b)(6)(A), any owner, penalty against any person who has EPCRA. Respondent agreed to submit a operator, or person in charge of a vessel, violated applicable emergency planning final audit report detailing the specific onshore facility, or offshore facility from or right-to-know requirements, or any facilities assessed, information setting which oil is discharged in violation of other requirement of EPCRA. forth violations discovered, and CWA Section 311(b)(3), 33 U.S.C. Proceedings under EPCRA Section 325, corrective actions taken. Respondent 1321(b)(3), or who fails or refuses to 42 U.S.C. 11045, are conducted in ultimately audited a total of 286 comply with any regulations that have accordance with 40 CFR part 22. The facilities, and as agreed upon with the been issued under CWA Section 311(j), EPA, as authorized by EPCRA Section EPA, Respondent submitted a final 33 U.S.C. 1321(j), may be assessed an 325, 42 U.S.C. 11045, has assessed a audit report to the EPA on January 5, administrative civil penalty of up to civil penalty for these violations. 2015. All violations discovered and $177,500 by the EPA. Class II List of Subjects disclosed by the Respondent are listed proceedings under CWA Section in Attachments A and B to the CAFO. 311(b)(6), 33 U.S.C. 1321(b)(6), are Environmental protection. conducted in accordance with 40 CFR Dated: August 4, 2015. Proposed Settlement part 22. As authorized by CWA Section Andrew R. Stewart, The EPA determined that Respondent 311(b)(6), 33 U.S.C. 1321(b)(6), the EPA Acting Director, Special Litigation and satisfactorily completed its audit and has assessed a civil penalty for these Projects Division, Office of Civil Enforcement, has met all conditions set forth in the violations. Office of Enforcement and Compliance Audit Policy. Comcast has agreed to pay Pursuant to CWA Section Assurance. a civil penalty of $28,782 for the 311(b)(6)(C), 33 U.S.C. 1321(b)(6)(C), the [FR Doc. 2015–19725 Filed 8–10–15; 8:45 am] violations identified in Attachments A EPA will not issue an order in this BILLING CODE 6560–50–P and B. This figure is the calculated proceeding prior to the close of the economic benefit of noncompliance public comment period. ENVIRONMENTAL PROTECTION based on information provided by EPCRA Respondent and use of the Economic AGENCY Benefit (BEN) computer model. Of this Respondent disclosed that it violated [EPA–R08–OW–2015–0415; FRL–9932–13– amount $22,393 is attributable to CWA EPCRA Section 302(c), 42 U.S.C. Region 8] violations, and $6,389 is attributable to 11002(c), and the implementing EPCRA violations. regulations found at 40 CFR part 355, at Request for Information: Great Salt six facilities listed in Attachment A Lake Mercury Data The EPA and Respondent negotiated when it failed to notify the State the Consent Agreement in accordance AGENCY: Environmental Protection Emergency Response Commission with the Consolidated Rules of Practice, Agency (EPA). (SERC) and/or the Local Emergency 40 CFR part 22, specifically 40 CFR ACTION: Notice; request for information. Planning Committee (LEPC) that these 22.13(b) and 22.18(b) (In re: Comcast facilities are subject to the requirements Cable Communications, L.L.C.; SUMMARY: As part of the United States of Section 302(c) of EPCRA. These enforcement settlement identifier Environmental Protection Agency’s facilities are located in Alabama, South numbers CWA–HQ–2015–8001 and (EPA) review of Utah’s 2012–2014 Clean Carolina, and Tennessee. EPCRA–HQ–2015–8001). This Consent Water Act section 303(d) list, we Agreement is subject to public notice Respondent disclosed that it violated deferred action on Utah’s decision not and comment under Section EPCRA Section 311(a), 42 U.S.C. to list the Great Salt Lake as impaired. 311(b)(6)(C) of the CWA, 33 U.S.C. 11021(a), and the implementing We are seeking data from the Great Salt 1321(b)(6)(C). The procedures by which regulations found at 40 CFR part 370, at Lake for consideration. While we are the public may comment on a proposed 22 facilities listed in Attachment A seeking all available mercury CWA Class II penalty order, or when it failed to submit a Material concentration data (any medium) from participate in a Class II penalty Safety Data Sheet (MSDS) for hazardous the Great Salt Lake we are particularly proceeding, are set forth in 40 CFR chemicals and/or extremely hazardous interested in obtaining mercury 22.45. The deadline for submitting substances or, in the alternative, a list of concentration data in avian: tissue public comment on this proposed Final such chemicals, to the LEPCs, SERCs, (particularly liver tissue), blood, diet, Order is September 10, 2015. All and the fire departments with and eggs. Ideally, we would like raw comments will be transferred to the EAB jurisdiction over these facilities. These data and any available quality assurance for consideration. The EAB’s powers facilities are located in Alabama, metadata and quality criteria. Reports and duties are outlined in 40 CFR California, Georgia, South Carolina, and publications are also desirable. 22.4(a). Mississippi, and Tennessee. DATES: Data must be received on or Respondent disclosed that it violated before September 10, 2015. Disclosed and Corrected Violations EPCRA Section 312(a), 42 U.S.C. ADDRESSES: Submit your data, identified CWA 11022(a), and the implementing by Docket ID No. EPA–R08–OW–2015– regulations found at 40 CFR part 370, at 0415, by one of the following methods: Respondent disclosed that it failed to 26 facilities listed in Attachment A • http://www.regulations.gov. Follow prepare and implement a Spill when it failed to prepare and submit the on-line instructions for submitting Prevention, Control, and emergency and chemical inventory data. Countermeasure (SPCC) Plan in forms to the LEPCs, SERCs, and the fire • Email: [email protected]. violation of CWA Section 311(j), 33 departments with jurisdiction over these • Fax: (303) 312–7206 (please alert U.S.C. 1321(j), and the implementing facilities. These facilities are located in the individual listed in the FOR FURTHER regulations found at 40 CFR part 112, at Alabama, California, Georgia, South INFORMATION CONTACT if you are faxing 10 facilities located in Alabama, Carolina, Mississippi, and Tennessee. data).

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• Mail: William Bunch, available only in hard copy. Publicly ENVIRONMENTAL PROTECTION Environmental Protection Agency available docket materials are available AGENCY (EPA), Region 8, Mail Code 8EPR–EP, either electronically in 1595 Wynkoop Street, Denver, Colorado [EPA–HQ–AO–2015–0553; FRL–9932–16– www.regulations.gov or in hard copy at OA] 80202–1129. the Ecosystems Protection Program, • Hand Delivery: William Bunch, Environmental Protection Agency Proposed Information Collection Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Request; Comment Request; CEQ– (EPA), Region 8, Mail Code 8EPR–EP, Denver, Colorado 80202–1129. EPA EPA Presidential Innovation Award for 1595 Wynkoop Street, Denver, Colorado requests that if at all possible, you Environmental Educators Application 80202–1129. Such deliveries are only contact the individual listed in the FOR accepted Monday through Friday, 8:00 FURTHER INFORMATION CONTACT section to AGENCY: Environmental Protection a.m. to 4:30 p.m., excluding federal view the hard copy of the docket. You Agency (EPA). holidays. Special arrangements should may view the hard copy of the docket ACTION: Notice. be made for deliveries of boxed Monday through Friday, 8:00 a.m. to information. 4:00 p.m., excluding federal holidays. SUMMARY: The Environmental Protection Instructions: Direct your data to Agency (EPA) is planning to submit an Docket ID No. EPA–R08–OW–2015– FOR FURTHER INFORMATION CONTACT: information collection request (ICR), 0415. EPA’s policy is that all data William Bunch, Environmental ‘‘CEQ–EPA Presidential Innovation received will be included in the public Protection Agency (EPA), Region 8, Mail Award for Environmental Educators docket without change and may be Code 8EPR–EP, 1595 Wynkoop Street, Application’’ to the Office of made available online at Denver, Colorado 80202–1129, (303) Management and Budget (OMB) for www.regulations.gov, including any 312–6412, [email protected]. review and approval in accordance with personal information provided, unless SUPPLEMENTARY INFORMATION: the Paperwork Reduction Act (44 U.S.C. the data includes information claimed 3501 et seq.). Before doing so, EPA is to be Confidential Business Information I. General Information soliciting public comments on specific (CBI) or other information whose aspects of the proposed information What should I consider as I prepare my disclosure is restricted by statute. Do collection as described below. This is data for EPA? not submit information that you request for approval of a new collection. consider to be CBI or otherwise 1. Submitting Confidential Business An Agency may not conduct or sponsor protected through www.regulations.gov Information (CBI). Do not submit CBI to and a person is not required to respond or email. The www.regulations.gov Web EPA through http://www.regulations.gov to a collection of information unless it site is an ‘‘anonymous access’’ system, or email. Clearly mark the part or all of displays a currently valid OMB control which means EPA will not know your the information that you claim to be number. identity or contact information unless CBI. For CBI information on a disk or DATES: Comments must be submitted on you provide it along with your data. If CD ROM that you mail to EPA, mark the or before October 13, 2015. you email data directly to EPA, without outside of the disk or CD ROM as CBI ADDRESSES: Submit your comments, going through www.regulations.gov your and then identify electronically within referencing Docket ID No. EPA–HQ– email address will be automatically the disk or CD ROM the specific AO–2015–0553, online using captured and included as part of the information that is claimed as CBI. In www.regulations.gov (our preferred data that is placed in the public docket addition to one complete version of the method), by email to oei.docket@ and made available on the Internet. If data that includes information claimed epa.gov, or by mail to: EPA Docket you submit electronic data, EPA as CBI, a copy of the data that does not Center, Environmental Protection recommends that you include your contain the information claimed as CBI Agency, Mail Code 28221T, 1200 name and other contact information must be submitted for inclusion in the Pennsylvania Ave. NW., Washington, along with your data and with any disk public docket. Information so marked DC 20460. or CD–ROM you submit. If EPA cannot will not be disclosed except in EPA’s policy is that all comments read your data due to technical accordance with procedures set forth in received will be included in the public difficulties and cannot contact you for 40 CFR part 2. docket without change including any clarification, EPA may not be able to personal information provided, unless consider your data. Electronic files 2. Tips for preparing your data. When the comment includes profanity, threats, should avoid the use of special submitting data, remember to: information claimed to be Confidential characters, any form of encryption, and • Identify the notice by docket Business Information (CBI) or other be free of any defects or viruses. For number and other identifying information whose disclosure is additional information about EPA’s information (subject heading, Federal restricted by statute. public docket visit the EPA Docket Register, date, and page number); Center homepage at http:// FOR FURTHER INFORMATION CONTACT: • Follow directions and organize your www.epa.gov/epahome/dockets.htm. Carly Carroll, AO Office of data; For additional instructions on Environmental Education, MC–1704–A, submitting data, go to section I, General • Describe any assumptions and Environmental Protection Agency, 1200 Information, of the SUPPLEMENTARY provide any technical information and/ Pennsylvania Ave. NW., Washington, INFORMATION section of this document. or QA/QC that you used; DC 20460; telephone number: 202–564– Docket: All documents in the docket • Make sure to submit your data by 2769; fax number: 202–564–2754; email are listed in the www.regulations.gov the deadline identified address: [email protected]. index. Although listed in the index, SUPPLEMENTARY INFORMATION: some information is not publicly Dated: July 13, 2015. Supporting documents which explain in available, e.g., CBI or other information Martin Hestmark, detail the information that the EPA will whose disclosure is restricted by statute. Assistant Regional Administrator, Region 8. be collecting are available in the public Certain other material, such as [FR Doc. 2015–19736 Filed 8–10–15; 8:45 am] docket for this ICR. The docket can be copyrighted material, will be publicly BILLING CODE 6560–50–P viewed online at www.regulations.gov

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or in person at the EPA Docket Center, assess certain aspects of the PIAEE further reduce the information WJC West, Room 3334, 1301 program as established under Section collection burden on small business Constitution Ave. NW., Washington, 8(e) of the National Environmental concerns with fewer than 25 employees. DC. The telephone number for the Education Act (20 U.S.C. 5507(e)). The FCC may not conduct or sponsor Docket Center is 202–566–1744. For Estimated number of respondents: 75 a collection of information unless it additional information about EPA’s (total). displays a currently valid control public docket, visit http://www.epa.gov/ Frequency of response: Annually. number. No person shall be subject to dockets. Total estimated burden: 10 hours (per any penalty for failing to comply with Pursuant to section 3506(c)(2)(A) of year). Burden is defined at 5 CFR a collection of information subject to the the PRA, EPA is soliciting comments 1320.03(b). PRA that does not display a valid Office and information to enable it to: (i) Total estimated cost: $28,500 (per of Management and Budget (OMB) Evaluate whether the proposed year) for 75 applicants, includes $17,100 control number. collection of information is necessary annualized capital or operation & DATES: Written PRA comments should for the proper performance of the maintenance costs. be submitted on or before October 13, functions of the Agency, including Changes in Estimates: We expect that 2015. If you anticipate that you will be whether the information will have after adjusting the burden numbers that submitting comments, but find it practical utility; (ii) evaluate the the burden numbers will substantially difficult to do so within the period of accuracy of the Agency’s estimate of the stay the same. Program requirements are time allowed by this notice, you should burden of the proposed collection of expected to stay the same and the advise the contact listed below as soon information, including the validity of estimates currently take into account the as possible. the methodology and assumptions used; use of technology to complete the ADDRESSES: Direct all PRA comments to (iii) enhance the quality, utility, and application. Nicole Ongele, FCC, via email PRA@ clarity of the information to be Dated: July 24, 2015. collected; and (iv) minimize the burden fcc.gov and to [email protected]. of the collection of information on those Brian Bond, FOR FURTHER INFORMATION CONTACT: For who are to respond, including through Associate Administrator, Office of Public additional information about the the use of appropriate automated Engagement and Environmental Education. information collection, contact Nicole electronic, mechanical, or other [FR Doc. 2015–19737 Filed 8–10–15; 8:45 am] Ongele at (202) 418–2991. technological collection techniques or BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: other forms of information technology, OMB Control Number: 3060–0806. e.g., permitting electronic submission of Title: Universal Service—Schools and responses. EPA will consider the FEDERAL COMMUNICATIONS Libraries Universal Service Program, comments received and amend the ICR COMMISSION FCC Forms 470 and 471. as appropriate. The final ICR package [OMB 3060–0806] Form Numbers: FCC Forms 470 and will then be submitted to OMB for 471. review and approval. At that time, EPA Information Collection Being Reviewed Type of Review: Revision of a will issue another Federal Register by the Federal Communications currently approved collection. notice to announce the submission of Commission Respondents: State, local or tribal the ICR to OMB and the opportunity to government public institutions, and submit additional comments to OMB. AGENCY: Federal Communications other not-for-profit institutions. Abstract: The purpose of this Commission. Number of Respondents and information collection request is to ACTION: Notice and request for Responses: 52,700 respondents, 82,090 collect information from applicants in comments. responses. order to select recipients for the Estimated Time per Response: 3.5 Presidential Innovation Award for SUMMARY: As part of its continuing effort hours for FCC Form 470 (3 hours for Environmental Educators program. The to reduce paperwork burdens, and as response; 0.5 hours for recordkeeping; U.S. Environmental Protection Agency required by the Paperwork Reduction 4.5 hours for FCC Form 471 (4 hours for (EPA or the Agency), in conjunction Act (PRA) of 1995 (44 U.S.C. 3501– response; 0.5 hours for recordkeeping). with the White House Council on 3520), the Federal Communications Frequency of Response: On occasion, Environmental Quality (CEQ), Commission (FCC or the Commission) annual reporting, and recordkeeping established the award program to meet invites the general public and other requirements. the requirements of Section 8(e) of the Federal agencies to take this Obligation to Respond: Required to National Environmental Education Act opportunity to comment on the obtain or retain benefits. Statutory (20 U.S.C. 5507(e)). following information collection. authority for this information collection Form Numbers: None. Comments are requested concerning: is contained in 47 U.S.C. 151–154, 201– Respondents/affected entities: K–12 whether the proposed collection of 205, 218–220, 254, 303(r), 403, and 405. teachers who teach on a full-time basis information is necessary for the proper Total Annual Burden: 334,405 hours. in a public school that is operated by a performance of the functions of the Total Annual Cost: No cost. local education agency, including Commission, including whether the Privacy Act Impact Assessment: No schools funded by the Bureau of Indian information shall have practical utility; impact(s). Affairs. For this program, a local the accuracy of the Commission’s Nature and Extent of Confidentiality: education agency is one as defined by burden estimate; ways to enhance the There is no assurance of confidentiality section 198 of the Elementary and quality, utility, and clarity of the provided to respondents concerning this Secondary Education Act of 1965 (now information collected; ways to minimize information collection. However, codified at 20 U.S.C. 7801(26)). the burden of the collection of respondents may request materials or Respondent’s obligation to respond: information on the respondents, information submitted to the Required to obtain information from the including the use of automated Commission or to the Administrator be applicants for Presidential Innovation collection techniques or other forms of withheld from public inspection under Award for Environmental Educators and information technology; and ways to 47 C.F.R 0.459 of the FCC’s rules.

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Needs and Uses: The Commission assets or the ownership of, control of, or Board of Governors of the Federal Reserve seeks to revise OMB 3060–0806 to the power to vote shares of a bank or System, August 6, 2015. conform this information collection to bank holding company and all of the Margaret McCloskey Shanks, the program changes set forth in the banks and nonbanking companies Deputy Secretary of the Board. Second Report and Order and Order on owned by the bank holding company, [FR Doc. 2015–19696 Filed 8–10–15; 8:45 am] Reconsideration (Second E-Rate including the companies listed below. BILLING CODE 6210–01–P Modernization Order) (WC Docket No. The applications listed below, as well 13–184, WC Docket No. 10–90, FCC 14– as other related filings required by the 189; 80 FR 5961, February 4, 2015). Board, are available for immediate FEDERAL RESERVE SYSTEM Collection of the information on FCC inspection at the Federal Reserve Bank Forms 470 and 471 is necessary so that indicated. The applications will also be Change in Bank Control Notices; the Commission and the Universal available for inspection at the offices of Acquisitions of Shares of a Bank or Service Administrative Company the Board of Governors. Interested Bank Holding Company (USAC) have sufficient information to persons may express their views in The notificants listed below have determine if entities are eligible for writing on the standards enumerated in applied under the Change in Bank funding pursuant to the schools and the BHC Act (12 U.S.C. 1842(c)). If the Control Act (12 U.S.C. 1817(j)) and libraries support mechanism (the E-rate proposal also involves the acquisition of § 225.41 of the Board’s Regulation Y (12 program), to determine if entities are a nonbanking company, the review also CFR 225.41) to acquire shares of a bank complying with the Commission’s rules, includes whether the acquisition of the or bank holding company. The factors and to prevent waste, fraud, and abuse. nonbanking company complies with the that are considered in acting on the In addition, the information is necessary standards in section 4 of the BHC Act notices are set forth in paragraph 7 of for the Commission to evaluate the (12 U.S.C. 1843). Unless otherwise the Act (12 U.S.C. 1817(j)(7)). extent to which the E-rate program is noted, nonbanking activities will be The notices are available for meeting the statutory objectives conducted throughout the United States. immediate inspection at the Federal specified in section 254(h) of the 1996 Unless otherwise noted, comments Reserve Bank indicated. The notices Act, and the Commission’s own regarding each of these applications also will be available for inspection at performance goals established in the must be received at the Reserve Bank the offices of the Board of Governors. Report and Order and Further Notice of indicated or the offices of the Board of Interested persons may express their Proposed Rulemaking (E-rate Governors not later than September 4, views in writing to the Reserve Bank Modernization Order) (WC Docket No. 2015. indicated for that notice or to the offices 13–184, FCC 14–99; 79 FR 49160, A. Federal Reserve Bank of Cleveland of the Board of Governors. Comments August 19, 2014) and Second E-rate (Nadine Wallman, Vice President) 1455 must be received not later than August Modernization Order. This information East Sixth Street, Cleveland, Ohio 25, 2015. collection is being revised to modify 44101–2566: A. Federal Reserve Bank of Atlanta FCC Form 471 pursuant to program and 1. Andover Bancorp, Inc., Andover, (Chapelle Davis, Assistant Vice rule changes in the Second E-rate Ohio; to acquire 100 percent of the President) 1000 Peachtree Street NE., Modernization Order and to voting shares of Community National Atlanta, Georgia 30309: accommodate USAC’s new online portal Bank of Northwestern Pennsylvania, 1. John M. Spottswood, Jr., Terri M. as well as the requirement that all FCC Albion, Pennsylvania. Spottswood, JMS Dynasty Trust, The Forms 471 be electronically filed. On J.M. and T.M. Spottswood Irrevocable June 22, 2015, OMB approved an B. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice Property Trust II, Robert A. Spottswood, emergency request to revise OMB 3060– RAS Dynasty Trust, Elaine M. 0806 which included revisions to the President) 230 South LaSalle Street, Chicago, Illinois 60690–1414: Spottswood, Mary Anne Spottswood, FCC Form 470 only. This revision does Phillip G. Spottswood, Robert A. not propose changes to the FCC Form 1. First State Associates, Inc., Hawarden, Iowa, to acquire 100 percent Spottswood, Jr., William B. Spottswood, 470 but does seek to extend the six- WBS Dynasty Trust, Charles C. month emergency extension to the full of the voting shares of Miner County Bank, Howard, South Dakota. Spottswood, William B Spottswood, Jr., three years. and Michelle M. Spottswood, all of Key C. Federal Reserve Bank of Kansas Federal Communications Commission. West, Florida; Lande A. Spottswood, City (Dennis Denney, Assistant Vice Marlene H. Dortch, and Christopher C. Juban, both of President) 1 Memorial Drive, Kansas Houston Texas; to retain voting shares Secretary, Office of the Secretary. City, Missouri 64198–0001: [FR Doc. 2015–19635 Filed 8–10–15; 8:45 am] and thereby retain direct control of First 1. Burlington Holdings, Inc., State Bank of the Florida Keys Holding BILLING CODE 6712–01–P Burlington, Colorado; to become a bank Company, and indirect control of First holding company by acquiring 100 State Bank of the Florida Keys, both in percent of the voting shares of Key West, Florida. FEDERAL RESERVE SYSTEM Burlington Bancshares, Inc., and Bank B. Federal Reserve Bank of of Burlington, both in Burlington, Minneapolis (Jacquelyn K. Brunmeier, Formations of, Acquisitions by, and Colorado. Mergers of Bank Holding Companies Assistant Vice President) 90 Hennepin D. Federal Reserve Bank of San Avenue, Minneapolis, Minnesota The companies listed in this notice Francisco (Gerald C. Tsai, Director, 55480–0291: have applied to the Board for approval, Applications and Enforcement) 101 1. The Fishback Annuity Trust I, the pursuant to the Bank Holding Company Market Street, San Francisco, California Fishback Annuity Trust II, the Fishback Act of 1956 (12 U.S.C. 1841 et seq.) 94105–1579: Annuity Trust VI, Patricia S. Fishback, (BHC Act), Regulation Y (12 CFR part 1. PBB Bancorp, Los Angeles, individually and as voting trustee of the 225), and all other applicable statutes California; to acquire 100 percent of the trusts, all of Brookings, South Dakota, and regulations to become a bank voting shares of First Mountain Bank, William Cornick Stephen Fishback, holding company and/or to acquire the Big Bear Lake, California. Francesca Margaret Fishback, both of

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San Francisco, California; Abby extended, revised, or implemented on or (202) 263–4869, Board of Governors of Margaret Rivlin, and Toby Sebastian after October 1, 1995, unless it displays the Federal Reserve System, Rivlin, both of Madison, Wisconsin; to a currently valid OMB number. Washington, DC 20551. retroactively join the Fishback Family DATES: Comments must be submitted on SUPPLEMENTARY INFORMATION: Control group which controls the voting or before October 13, 2015. shares of Fishback Financial Request for Comment on Information ADDRESSES: You may submit comments, Collection Proposal Corporation, Brookings, South Dakota identified by Reg V, by any of the and indirectly control First Bank & following methods: The following information collection, Trust, Brookings, South Dakota, First • Agency Web site: http:// which is being handled under this Bank & Trust, N.A., Pipestone, www.federalreserve.gov. Follow the delegated authority, has received initial Minnesota, First Bank & Trust, Sioux instructions for submitting comments at Board approval and is hereby published Falls, South Dakota, and First Bank & http://www.federalreserve.gov/apps/ for comment. At the end of the comment Trust of Milbank, Milbank, South foia/proposedregs.aspx . period, the proposed information Dakota. • Federal eRulemaking Portal: http:// collection, along with an analysis of C. Federal Reserve Bank of Dallas www.regulations.gov. Follow the comments and recommendations (Robert L. Triplett III, Senior Vice instructions for submitting comments. received, will be submitted to the Board President) 2200 North Pearl Street, • Email: regs.comments@ for final approval under OMB delegated Dallas, Texas 75201–2272: federalreserve.gov. Include OMB authority. Comments are invited on the 1. The Estate of Joe E. Sharp (Zan number in the subject line of the following: Sharp Prince and Robert Justin Sharp, message. a. Whether the proposed collection of Co-Executors), Bedford, Texas; Pop’s • FAX: (202) 452–3819 or (202) 452– information is necessary for the proper Family Irrevocable Trust (Zan Sharp 3102. performance of the Federal Reserve’s Prince, Trustee), Zan Sharp Prince, both • Mail: Robert deV. Frierson, functions; including whether the of Weatherford, Texas; Matthew Scott Secretary, Board of Governors of the information has practical utility; Sharp, Grapevine, Texas; Robert Justin Federal Reserve System, 20th Street and b. The accuracy of the Federal Sharp, Fort Worth, Texas; and Keleigh Constitution Avenue NW., Washington, Reserve’s estimate of the burden of the Sharp Greenwood, Kirkland, DC 20551. proposed information collection, Washington; as a group acting in concert All public comments are available including the validity of the to acquire voting shares of First Baird, from the Board’s Web site at http:// methodology and assumptions used; Bancshares, Inc., Bedford, Texas, and www.federalreserve.gov/apps/foia/ c. Ways to enhance the quality, thereby indirectly acquire shares of First proposedregs.aspx as submitted, unless utility, and clarity of the information to Bank Texas, SSB, Baird, Texas. modified for technical reasons. be collected; Board of Governors of the Federal Reserve Accordingly, your comments will not be d. Ways to minimize the burden of System, August 5, 2015. edited to remove any identifying or information collection on respondents, Margaret McCloskey Shanks, contact information. Public comments including through the use of automated Deputy Secretary of the Board. may also be viewed electronically or in collection techniques or other forms of [FR Doc. 2015–19667 Filed 8–10–15; 8:45 am] paper form in Room 3515, 1801 K Street information technology; and e. Estimates of capital or start up costs BILLING CODE 6210–01–P (between 18th and 19th Streets NW.) Washington, DC 20006 between 9:00 and costs of operation, maintenance, a.m. and 5:00 p.m. on weekdays. and purchase of services to provide FEDERAL RESERVE SYSTEM Additionally, commenters may send a information. copy of their comments to the OMB Proposal to approve under OMB Proposed Agency Information Desk Officer—Shagufta Ahmed—Office delegated authority the extension for Collection Activities; Comment of Information and Regulatory Affairs, three years, without revision, of the Request Office of Management and Budget, New following report: 1. Report title: Recordkeeping and AGENCY: Executive Office Building, Room 10235, Board of Governors of the Disclosure Requirements Associated 725 17th Street NW., Washington, DC Federal Reserve System. with the Regulations Implementing the 20503 or by fax to (202) 395–6974. SUMMARY: On June 15, 1984, the Office Fair Credit Act (Regulation V). of Management and Budget (OMB) FOR FURTHER INFORMATION CONTACT: A Agency form number: Reg V. delegated to the Board of Governors of copy of the PRA OMB submission, OMB control number: 7100–0308. the Federal Reserve System (Board) its including the proposed reporting form Frequency: On occasion. approval authority under the Paperwork and instructions, supporting statement, Reporters: Financial institutions. Reduction Act (PRA), to approve of and and other documentation will be placed Estimated annual reporting hours: assign OMB numbers to collection of into OMB’s public docket files, once Negative information notice: 375 hours; information requests and requirements approved. These documents will also be Affiliate marketing: Notices to conducted or sponsored by the Board. made available on the Federal Reserve consumers, 25,236 hours and Consumer Board-approved collections of Board’s public Web site at: http:// response, 106,833 hours; Red flags: information are incorporated into the www.federalreserve.gov/apps/ 74,888 hours; Address discrepancies: official OMB inventory of currently reportforms/review.aspx or may be 6,000 hours; Risk-based pricing: Notice approved collections of information. requested from the agency clearance to consumers, 90,000 hours; Furnisher Copies of the PRA Submission, officer, whose name appears below. duties: Policies and procedures, 60,000 supporting statements and approved Federal Reserve Board Clearance hours and Notice of frivolous disputes collection of information instruments Officer—Nuha Elmaghrabi—Office of to consumers, 142,792 hours. are placed into OMB’s public docket the Chief Data Officer, Board of Estimated average hours per response: files. The Federal Reserve may not Governors of the Federal Reserve Negative information notice: 15 conduct or sponsor, and the respondent System, Washington, DC 20551 (202) minutes; Affiliate marketing: Notices to is not required to respond to, an 452–3829. Telecommunications Device consumers, 18 hours and Consumer information collection that has been for the Deaf (TDD) users may contact response, 5 minutes; Red flags: 37

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hours; Address discrepancies: 4 hours; accuracy of data in the consumer Market Street, San Francisco, California Risk-based pricing: Notice to reporting system. 94105–1579: consumers, 5 hours; Furnisher duties: Since 2011, the Consumer Financial 1. Carpenter Bank Partners, Inc., Policies and procedures, 40 hours and Protection Bureau has been responsible CCFW, Inc., (dba Carpenter & Notice of frivolous disputes to for issuing most FCRA regulations. The Company), Carpenter Fund consumers, 14 minutes. Federal Reserve retained rule-writing Management Company, LLC, Carpenter Number of respondents: Negative authority for certain provisions of the Fund Manager GP, LLC, Carpenter information notice: 1,500 financial FCRA applicable to motor vehicle Community BancFund, L.P., and institutions; Affiliate marketing: Notices dealers and provisions of the FCRA that Carpenter Community BancFund-A, to consumers, 1,402 financial require identity theft prevention L.P., all in Irvine, California; to acquire institutions and 1,282,000 Consumer programs, regulate the disposal of additional voting shares up to response; Red flags: 2,024 financial consumer information, and require card approximately 32.6 percent of Pacific institutions; Address discrepancies: issuers to validate consumers’ Mercantile Bancorp, and thereby 1,500 financial institutions; Risk-based notifications of changes of address. indirectly acquire voting shares of pricing: Notice to consumers, 1,500 Board of Governors of the Federal Reserve Pacific Mercantile Bank, both in Costa financial institutions; Furnisher duties: System, August 6, 2015. Mesa, California. Policies and procedures, 1,500 financial Robert deV. Frierson, Board of Governors of the Federal Reserve institutions and 611,966, Notice of Secretary of the Board. System, August 5, 2015. frivolous disputes to consumers. [FR Doc. 2015–19656 Filed 8–10–15; 8:45 am] Margaret McCloskey Shanks, General description of report: This Deputy Secretary of the Board. information collection is mandatory BILLING CODE 6210–01–P [FR Doc. 2015–19666 Filed 8–10–15; 8:45 am] pursuant to Dodd-Frank Wall Street Reform and Consumer Protection Act BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM (12 U.S.C. 5519) and the FCRA (15 U.S.C. 1681m, 1681w, and 1681s). Formations of, Acquisitions by, and DEPARTMENT OF HEALTH AND Because the notices and disclosures Mergers of Bank Holding Companies required are not provided to the Federal HUMAN SERVICES Reserve, and all records thereof are The companies listed in this notice Agency for Healthcare Research and maintained at state member banks, no have applied to the Board for approval, Quality issue of confidentiality arises under the pursuant to the Bank Holding Company Freedom of Information Act. Act of 1956 (12 U.S.C. 1841 et seq.) Scientific Information Request on Abstract: The Fair Credit Reporting (BHC Act), Regulation Y (12 CFR part Omega 3 Fatty Acids and Act (FCRA) was enacted in 1970 based 225), and all other applicable statutes Cardiovascular Disease—Update on a Congressional finding that the and regulations to become a bank banking system is dependent on fair and holding company and/or to acquire the AGENCY: Agency for Healthcare Research accurate credit reporting.1 The FCRA assets or the ownership of, control of, or and Quality (AHRQ), HHS. was enacted to ensure consumer the power to vote shares of a bank or ACTION: Request for Scientific reporting agencies exercise their bank holding company and all of the Information Submissions. responsibilities with fairness, banks and nonbanking companies impartiality, and a respect for the owned by the bank holding company, SUMMARY: The Agency for Healthcare consumer’s right to privacy. The FCRA including the companies listed below. Research and Quality (AHRQ) is seeking requires consumer reporting agencies to The applications listed below, as well scientific information submissions from adopt reasonable procedures that are as other related filings required by the the public. Scientific information is fair and equitable to the consumer with Board, are available for immediate being solicited to inform our review of regard to the confidentiality, accuracy, inspection at the Federal Reserve Bank Omega 3 Fatty Acids and relevancy, and proper utilization of indicated. The applications will also be Cardiovascular Disease—Update, which consumer information. available for inspection at the offices of is currently being conducted by the Congress substantially amended the the Board of Governors. Interested AHRQ’s Evidence-based Practice FCRA upon the passage of the Fair and persons may express their views in Centers (EPC) Programs. Access to Accurate Credit Transactions Act of writing on the standards enumerated in published and unpublished pertinent 2003 (FACT Act).2 The FACT Act the BHC Act (12 U.S.C. 1842(c)). If the scientific information will improve the created many new responsibilities for proposal also involves the acquisition of quality of this review. AHRQ is consumer reporting agencies and users a nonbanking company, the review also conducting this systematic review of consumer reports. It contained many includes whether the acquisition of the pursuant to Section 902(a) of the Public new consumer disclosure requirements, nonbanking company complies with the Health Service Act, 42 U.S.C. 299a(a). as well as provisions to address identity standards in section 4 of the BHC Act DATES: Submission Deadline on or theft. In addition, the FACT Act (12 U.S.C. 1843). Unless otherwise before September 10, 2015. provided consumers with the right to noted, nonbanking activities will be ADDRESSES: Online submissions: http:// obtain a copy of their consumer report conducted throughout the United States. effectivehealthcare.AHRQ.gov/ annually without cost. Improving Unless otherwise noted, comments index.cfm/submit-scientific- consumers’ access to their credit report regarding each of these applications information-packets/. Please select the is intended to help increase the must be received at the Reserve Bank study for which you are submitting indicated or the offices of the Board of information from the list to upload your 1 The FCRA is one part of the Consumer Credit Governors not later than September 4, documents. Protection Act which also includes the Truth in 2015. Email submissions: [email protected]. Lending Act, Equal Credit Opportunity Act, and Fair Debt Collection Practices Act. 15 U.S.C. 1601 A. Federal Reserve Bank of San Print submissions: Mailing Address: et seq. Francisco (Gerald C. Tsai, Director, Portland VA Research Foundation, 2 Public Law 108–159, 117 Stat. 1952. Applications and Enforcement) 101 Scientific Resource Center, ATTN:

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Scientific Information Packet trial is not registered, the protocol for D Without known CVD (primary Coordinator, PO Box 69539, Portland, the study including a study number, the prevention) OR 97239. study period, design, methodology, D At high risk for CVD (primary Shipping Address (FedEx, UPS, etc.): indication and diagnosis, proper use prevention) Portland VA Research Foundation, instructions, inclusion and exclusion D With known CVD (secondary Scientific Resource Center, ATTN: criteria, and primary and secondary prevention)? Æ Scientific Information Packet outcomes. What is the relative efficacy of Coordinator, 3710 SW U.S. Veterans D Description of whether the above different n-3 FAs on CVD outcomes and studies constitute all Phase II and above risk factors? Hospital Road, Mail Code: R&D 71, Æ Portland, OR 97239. clinical trials sponsored by your Can the CVD outcomes be ordered by strength of intervention effect of n- FOR FURTHER INFORMATION CONTACT: organization for this indication and an 3 FAs? Ryan McKenna, Telephone: 503–220– index outlining the relevant information 2. n-3 FA variables and modifiers: 8262 ext. 58653 or Email: SIPS@epc- in each submitted file. Æ How does the efficacy or src.org. Your contribution will be very beneficial to the EPC Program. The association of n-3 FA in preventing CVD SUPPLEMENTARY INFORMATION: The contents of all submissions will be made outcomes and with CVD risk factors Agency for Healthcare Research and available to the public upon request. differ in subpopulations, including men, Quality has commissioned the Materials submitted must be publicly premenopausal women, Evidence-based Practice Centers (EPC) available or can be made public. postmenopausal women, and different Programs to complete a review of the Materials that are considered age or race/ethnicity groups? evidence for Omega 3 Fatty Acids and Æ What are the effects of potential confidential; marketing materials; study Cardiovascular Disease—Update. confounders or interacting factors—such types not included in the review; or The EPC Program is dedicated to as plasma lipids, body mass index, information on indications not included identifying as many studies as possible blood pressure, diabetes, kidney in the review cannot be used by the EPC that are relevant to the questions for disease, other nutrients or supplements, Program. This is a voluntary request for each of its reviews. In order to do so, we and drugs (e.g., statins, aspirin, diabetes information, and all costs for complying are supplementing the usual manual drugs, hormone replacement therapy)? with this request must be borne by the and electronic database searches of the Æ What is the efficacy or association submitter. literature by requesting information of different ratios of n-3 FA components from the public (e.g., details of studies The draft of this review will be posted in dietary supplements or biomarkers, conducted). We are looking for studies on AHRQ’s EPC Program Web site and on CVD outcomes and risk factors? that report on Omega 3 Fatty Acids and available for public comment for a Æ How does the efficacy or Cardiovascular Disease—Update, period of 4 weeks. If you would like to association of n-3 FA on CVD outcomes including those that describe adverse be notified when the draft is posted, and risk factors differ by ratios of events. The entire research protocol, please sign up for the email list at: different n-3 FAs—DHA, EPA, and ALA, including the key questions, is also http://effectivehealthcare.AHRQ.gov/ or other n-3 FAs? available online at: http://effective index.cfm/join-the-email-list1/. Æ How does the efficacy or healthcare.AHRQ.gov/search-for-guides- The systematic review will answer the association of n-3 FA on CVD outcomes reviews-and-reports/?page following questions. This information is and risk factors differ by source (e.g., action=displayproduct&product provided as background. AHRQ is not fish and seafood, common plant oils ID=2060. requesting that the public provide (e.g., soybean, canola), fish oil This notice is to notify the public that answers to these questions. The entire supplements, fungal-algal supplements, the EPC Program would find the research protocol, is available online at: flaxseed oil supplements)? following information on Omega 3 Fatty http://effectivehealthcare.AHRQ.gov/ Æ How does the ratio of n-6 FA to n- Acids and Cardiovascular Disease— search-for-guides-reviews-and-reports/ 3 FA intakes or biomarker Update helpful: ?pageaction=display concentrations affect the efficacy or D A list of completed studies that product&productID=2060. association of n-3 FA on CVD outcomes your organization has sponsored for this The Key Questions and risk factors? indication. In the list, please indicate Æ Is there a threshold or dose- whether results are available on 1. What is the efficacy or association response relationship between n-3 FA ClinicalTrials.gov along with the of n-3 Fatty Acids (FA) exposures and CVD outcomes and risk ClinicalTrials.gov trial number. (eicosapentaenoic acid [EPA], factors? Does the study type affect these D For completed studies that do not docosahexaenoic acid [DHA]EPA+DHA, relationships? have results on ClinicalTrials.gov, docosapentaenoic acid [DPA], Æ How does the duration of please provide a summary, including stearidonic acid [SDA], alpha-linolenic intervention or exposure influence the the following elements: study number, acid [ALA], or total n-3 Fatty Acids) effect of n-3 FA on CVD outcomes and study period, design, methodology, exposures in reducing cardiovascular risk factors? indication and diagnosis, proper use disease (CVD) outcomes (incident CVD Æ What is the effect of baseline n-3 instructions, inclusion and exclusion events including all-cause mortality, FA status (intake or biomarkers) on the criteria, primary and secondary CVD mortality, non-fatal CVD events, efficacy of n-3 FA intake or outcomes, baseline characteristics, new diagnosis of CVD, peripheral supplementation on CVD outcomes and number of patients screened/eligible/ vascular disease, congestive heart risk factors? enrolled/lost to follow-up/withdrawn/ failure, major arrhythmias, and 3. Adverse events: analyzed, effectiveness/efficacy, and hypertension diagnosis) and specific Æ What adverse effects are related to safety results. CVD risk factors (blood pressure, key n-3 FA intake or biomarker D A list of ongoing studies that your plasma lipids)? concentrations (in studies of CVD organization has sponsored for this Æ What is the efficacy or association outcomes and risk factors)? indication. In the list, please provide the of n-3 FA in preventing CVD outcomes Æ What adverse events are reported ClinicalTrials.gov trial number or, if the in people specifically among people with CVD or

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diabetes (in studies of CVD outcomes Æ Supraventricular arrhythmia, new DEPARTMENT OF HEALTH AND and risk factors)? diagnosis HUMAN SERVICES Æ Major vascular interventions/ PICOTS (Population, Intervention, Agency for Healthcare Research and procedures (e.g, revascularization, Comparator, Outcome, Timing, Setting) Quality thrombolysis, lower extremity Populations amputation, defibrillator placement) Scientific Information Request on • Healthy adults (≥18 yr) without CVD • Major CVD risk factors (intermediate Omega 3 Fatty Acids and Maternal and or with low to intermediate risk for outcomes): Child Health CVD • Æ Adults at high risk for CVD (e.g., with Blood pressure (new-onset AGENCY: Agency for Healthcare Research diabetes, cardiometabolic syndrome, hypertension, systolic, diastolic, and and Quality (AHRQ), HHS. mean arterial pressure) hypertension, dyslipidemia, non- ACTION: Request for Scientific dialysis chronic kidney disease) Æ Key plasma lipids (i.e., high density • Information Submissions. Adults with clinical CVD (e.g., history lipoprotein cholesterol [HDL-c], low of myocardial infarction, angina, density lipoprotein cholesterol [LDL- SUMMARY: The Agency for Healthcare transient ischemic attacks) c], total/HDL-c ratio, LDL-c/HDL-c Research and Quality (AHRQ) is seeking • Exclude populations chosen for ratio, triglycerides) scientific information submissions from having a non-CVD or non-diabetes- • the public. Scientific information is related disease (e.g., cancer, Adverse events (e.g., bleeding, major being solicited to inform our review of gastrointestinal disease, rheumatic gastrointestinal disturbance), only Omega 3 Fatty Acids and Maternal and disease, dialysis) from intervention studies of Child Health, which is currently being supplements Interventions/Exposures conducted by the AHRQ’s Evidence- • Timing based Practice Centers (EPC) Programs. n-3 FA supplements Access to published and unpublished • n-3 FA supplemented foods (e.g., • Clinical outcomes, including new- pertinent scientific information will eggs) • onset hypertension (all study improve the quality of this review. n-3 FA content in diet (e.g., from food ≥ frequency questionnaires) designs): 1 year followup (and AHRQ is conducting this systematic • Biomarkers of n-3 FA intake intervention duration, as applicable) review pursuant to Section 902(a) of the • n-3 content of food or supplements • Intermediate outcomes (blood Public Health Service Act, 42 U.S.C. must be quantified (e.g., exclude fish pressure and plasma lipids) (all study 299a(a). diet studies where only servings/week designs): ≥1 month followup DATES: Submission Deadline on or defined, Mediterranean diet studies • Adverse events (all study designs): No before September 10, 2015. without n-3 quantified). n-3 minimum followup ADDRESSES: Online submissions: http:// quantification can be of total n-3 FA, effectivehealthcare.AHRQ.gov/ of a specific n-3 FA (e.g., ALA) or of Setting index.cfm/submit-scientific-information combined EPA+DHA (‘‘marine oil’’). • ≥ Community-Dwelling (Non- -packets/. Please select the study for Exclude n-3 FA dose 6 g/day (except which you are submitting information for adverse events) Institutionalized) Individuals Study • Design from the list to upload your documents. Exclude weight loss interventions Email submissions: [email protected]. Comparators • Randomized Controlled Trials (RCTs) Print submissions: Mailing Address: • Placebo or no n-3 FA intervention (all outcomes) Portland VA Research Foundation, • Different n-3 FA source intervention • Randomized cross-over studies (blood • Different n-3 FA concentration Scientific Resource Center, ATTN: pressure and plasma lipids, adverse Scientific Information Packet intervention events), minimum washout period to • Different n-3 FA dietary exposure Coordinator, P.O. Box 69539, Portland, be determined OR 97239. (e.g., comparison of quantiles) • • Different n-3 FA biomarker levels Prospective nonrandomized Shipping Address (FedEx, UPS, etc.): (e.g., comparison of quantiles) comparative studies (clinical Portland VA Research Foundation, outcomes, adverse events) Scientific Resource Center, ATTN: Outcomes • Prospective cohort (single group) Scientific Information Packet • All-cause mortality Coordinator, 3710 SW U.S. Veterans • studies, where groups are compared Cardiovascular, cerebrovascular, and based on n-3 FA intake or intake Hospital Road, Mail Code: R&D 71, peripheral vascular events: Portland, OR 97239. Æ biomarker values (clinical outcomes) Fatal vascular events (e.g., due to FOR FURTHER INFORMATION CONTACT: • Exclude: Retrospective or case control myocardial infarction, stroke) Ryan McKenna, Telephone: 503–220– Æ studies or cross-sectional studies (but Non-fatal vascular events (e.g., 8262 ext. 58653 or Email: SIPS@epc- myocardial infarction, stroke/ include prospective nested case src.org. cardiovascular accident, transient control studies). Studies must have ischemic attack, unstable angina) measure of intake prior to outcome. SUPPLEMENTARY INFORMATION: Æ Coronary heart disease, new diagnosis • The Agency for Healthcare Research Æ Minimum sample sizes (All outcomes: and Quality has commissioned the Congestive heart failure, new To be determined) diagnosis Evidence-based Practice Centers (EPC) Æ Cerebrovascular disease, new • English language publications Programs to complete a review of the evidence for Omega 3 Fatty Acids and diagnosis Sharon B. Arnold, Æ Peripheral vascular disease, new Maternal and Child Health. diagnosis Deputy Director. The EPC Program is dedicated to Æ Ventricular arrhythmia, new [FR Doc. 2015–19659 Filed 8–10–15; 8:45 am] identifying as many studies as possible diagnosis BILLING CODE 4160–90–P that are relevant to the questions for

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each of its reviews. In order to do so, we period of 4 weeks. If you would like to KQ 2. Fetal/childhood exposures are supplementing the usual manual be notified when the draft is posted, Æ What is the influence of maternal and electronic database searches of the please sign up for the email list at: intakes of n-3 fatty acids or the n-3 fatty literature by requesting information http://effectivehealthcare.AHRQ.gov/ acid content of maternal breast milk from the public (e.g., details of studies index.cfm/join-the-email-list1/. (with or without knowledge of maternal conducted). We are looking for studies The systematic review will answer the intake of n-3 FA) or n-3 FA- that report on Omega 3 Fatty Acids and following questions. This information is supplemented infant formula or intakes Maternal and Child Health, including provided as background. AHRQ is not of n-3 FA from sources other than those that describe adverse events. requesting that the public provide maternal breast milk or supplemented The entire research protocol, answers to these questions. The entire infant formula on the following including the key questions, is also research protocol, is available online at: outcomes in term or preterm human available online at: http://effective http://effectivehealthcare.AHRQ.gov/ infants? healthcare.AHRQ.gov/search-for-guides- search-for-guides-reviews-and-reports/ D Growth patterns reviews-and-reports/?pageaction= ?pageaction=display D Neurological development displayProduct&productID=2083. Product&productID=2083. D This notice is to notify the public that Visual function D the EPC Program would find the The Key Questions Cognitive development D Autism following information on Omega 3 Fatty KQ 1. Maternal Exposure Acids and Maternal and Child Health D Learning disorders Æ helpful: What is the efficacy of maternal D Attention Deficit Hyperactivity interventions involving—or association Disorder (ADHD) D A list of completed studies that your of maternal exposures to—n-3 Fatty D Atopic dermatitis organization has sponsored for this D Allergies indication. In the list, please indicate Acids (FA) (eicosapentaenoic acid [EPA], docosahexaenoic acid [DHA], D Respiratory illness whether results are available on Æ ClinicalTrials.gov along with the EPA+DHA [long-chain n-3 FA], What are the associations of the n- ClinicalTrials.gov trial number. docosapentaenoic acid [DPA], alpha- 3 FA content or the n-6/n-3 FA ratio of D For completed studies that do not have linolenic acid [ALA], stearidonic acid maternal or fetal or child biomarkers results on ClinicalTrials.gov, please provide [SDA] or total n-3 FA) on the following: with each of the outcomes identified a summary, including the following D Duration of gestation in women above? elements: Study number, study period, with or without a history of preterm KQ 3. Maternal or childhood adverse design, methodology, indication and birth (less than 37 weeks gestation) diagnosis, proper use instructions, inclusion events: D Incidence of preeclampsia/ and exclusion criteria, primary and Æ What are the short and long term secondary outcomes, baseline characteristics, eclampsia/gestational hypertension in number of patients screened/eligible/ women with or without a history of risks related to maternal intake of n-3 enrolled/lost to follow-up/withdrawn/ preeclampsia/eclampsia/gestational FA during pregnancy or breastfeeding analyzed, effectiveness/efficacy, and safety hypertension on: results. D Incidence of birth of small-for- D Pregnant women D A list of ongoing studies that your gestational age human infants D Breastfeeding women organization has sponsored for this D D Incidence of ante- and/or postnatal Term or preterm human infants at indication. In the list, please provide the or after birth ClinicalTrials.gov trial number or, if the trial depression in women with or without a Æ history of major depression or What are the short and long term is not registered, the protocol for the study risks associated with intakes of n-3 FA including a study number, the study period, postpartum depression by human infants (as maternal breast design, methodology, indication and Æ What are the associations of milk or infant formula supplemented diagnosis, proper use instructions, inclusion maternal biomarkers of n-3 intake with n-3 FA)? and exclusion criteria, and primary and during pregnancy and the outcomes Æ Are adverse events associated with secondary outcomes. identified above? D Description of whether the above studies Æ specific sources or doses? constitute all Phase II and above clinical What are the effects of potential trials sponsored by your organization for this confounders or interacting factors (such PICOTS (Population, Intervention, indication and an index outlining the as other nutrients or use of other Comparator, Outcome, Timing, Setting) relevant information in each submitted file. supplements, or smoking status)? Æ Population(s) Your contribution will be very How is the efficacy or association of • KQ 1 (Maternal Exposures and beneficial to the EPC Program. The n-3 FA on the outcomes of interest Outcomes) contents of all submissions will be made affected by the ratio of different n-3 FAs, available to the public upon request. as components of dietary supplements Æ Healthy pregnant women (for Materials submitted must be publicly or biomarkers? outcomes of birth weight, intrauterine available or can be made public. Æ How does the ratio of n-6 FA to n- growth restriction/small for gestational Materials that are considered 3 FA intakes or biomarker age, duration of gestation, risk of pre- confidential; marketing materials; study concentrations affect the efficacy or eclampsia, eclampsia, or pregnancy types not included in the review; or association of n-3 FA on the outcomes hypertension) information on indications not included of interest? Æ Pregnant women with a history of in the review cannot be used by the EPC Æ Is there a threshold or dose- pre-eclampsia, eclampsia, or pregnancy Program. This is a voluntary request for response relationship between n-3 FA hypertension (only for outcome of risk information, and all costs for complying exposures and the outcomes of interest of pre-eclampsia, eclampsia, or with this request must be borne by the or adverse events? pregnancy hypertension) submitter. Æ How does the duration of the Æ Pregnant women with a history of The draft of this review will be posted intervention or exposure influence the major depressive disorder or postpartum on AHRQ’s EPC Program Web site and effect of n-3 FA on the outcomes of depression (only for the outcome of risk available for public comment for a interest? for peripartum depression)

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• KQ 2 (In Utero and Postnatal Æ Marine oils, including fish oil, cod D Knobloch, Passamanick, and (Through the First Year of Life) liver oil, and menhaden oil with Sherrard’s developmental Screening Exposures and Outcomes) quantified n-3 content Inventory scores Æ D Neurological impairment Æ Healthy preterm or full term infants Algal or other marine sources of assessment of healthy women/mothers whose n-3 omega-3 fatty acids with quantified n-3 D Active sleep, quiet sleep, sleep- fatty acid exposures were monitored content • wake transition, wakefulness during pregnancy Exposures (KQ1,2) Æ Dietary n-3 fatty acids from foods if D Fagan Test of Infant Intelligence Æ Breastfed infants of healthy concentrations are quantified in food D Stanford-Binet IQ mothers whose n-3 fatty acid exposure frequency questionnaires D Receptive Vocabulary was monitored and/or who participated Æ Breast milk n-3 fatty acids (KQ2) D Peabody Picture Vocabulary Test- in an n-3 fatty acid intervention during Æ Biomarkers (EPA, DHA, ALA, DPA, Revised breastfeeding beginning at birth SDA), including but not limited to the D Auditory development Æ Healthy preterm or full term infants following: D Nerve conduction test with and without family history of D D Plasma fatty acids Latency Auditory evoked potential respiratory conditions (for outcomes Æ Risk for ADHD D Erythrocyte fatty acids D Studies will be included only if related to atopic dermatitis, allergy, D Adipocyte fatty acids respiratory conditions) of mothers they employ a validated evaluation whose n-3 exposures were monitored Comparators procedure D during pregnancy and/or breastfeeding • Inactive comparators: E.g., Wechsler Intelligence Scale for Æ Healthy children or children with a Æ Placebo (KQ1, 2, 3) Children D Behavioral rating scales, e.g., family history of a respiratory disorder, Æ Non-fortified infant formula (KQ2) a cognitive or visual development • Active comparators Connors, Vanderbilt, and Barkley scales Æ Risk for Autism spectrum disorders disorder, autism spectrum disorder, Æ Different n-3 sources D Studies will be included only if ADHD, or learning disabilities, age 0 to Æ Different n-3 concentrations (KQ1, they employ a validated evaluation 18 years who participated in an n-3 fatty 2, 3) procedure acid-supplemented infant formula Æ Alternative n-3 enriched infant intervention or an n-3 supplementation D E.g., Modified Checklist of Autism formulae (KQ2) in Toddlers trial during infancy Æ Soy-based infant formula (KQ2) Æ Æ Risk for learning disabilities • KQ 3 (Adverse Events Associated Diet with different level of Vitamin D Studies will be included only if With n-3 Interventions) E exposure they employ a validated evaluation Æ Outcomes procedure Healthy pregnant women or Æ pregnant women in the other categories • Risk for atopic dermatitis Maternal outcomes (KQ1) Æ Risk for allergies described above Æ Blood pressure control D Studies will be included only if Æ Offspring of women enrolled in an D Incidence of gestational they employ a validated allergy n-3 fatty acid intervention during hypertension assessment procedure, preferably pregnancy D Maternal blood pressure Æ challenge Offspring of women whose D Incidence of pre-eclampsia, Æ Incidence of respiratory disorders exposure to n-3 fatty acids was assessed eclampsia D Spirometry in children 5 and over during pregnancy Æ Peripartum depression Æ (peak expiratory flow rate [PEFR] and Children whose exposure to n-3 D Incidence of antepartum forced expiratory volume in 1 second 10 fatty acids (through breast milk, infant depression [FEV1]) formula, or supplementation) was D Incidence of postpartum • KQ 3: Adverse effects of monitored during the first year of life depression, e.g. intervention(s) D Interventions/Exposures Edinburgh Postnatal Depression Æ Incidence of specific adverse events scale reported in trials by study arm • Interventions (KQ1, 2, 3 unless D Structured Clinical Interview (SCI) specified): Æ Gestational length Timing Æ N-3 fatty acid supplements (e.g., D Duration of gestation • Duration of intervention or follow- EPA, DHA, ALA, singly or in D Incidence of preterm birth up combination Æ Birth weight Æ Key Question 1,3 (maternal Æ N-3 fatty acid supplemented foods D Mean birth weight interventions/exposures): (e.g., eggs) with quantified n-3 content D Incidence of low birth weight/small D Interventions implemented anytime Æ High-dose pharmaceutical grade n- for gestational age during pregnancy but preferably during 3 fatty acids, e.g., Omacor®, Ropufa®, • Pediatric Outcomes (KQ2) the first or second trimester MaxEPA®, Efamed, Res-Q®, Epagis, Æ Neurological/visual/cognitive D Followup duration is anytime Almarin, Coromega, Lovaza®, Vascepa® development during pregnancy (for maternal (icosapent ethyl) D Visual development, e.g. outcomes of pre/eclampsia or maternal D Exclude doses of more than 6g/d, D Visual evoked potential acuity hypertension); term (for outcomes except for trials that report adverse D Visual acuity testing related to birth weight, duration of events D Teller’s Acuity Card test pregnancy); or within the first 6 months Æ N-3 fatty acid enriched infant D Electroretinography postpartum (for the outcome of formulae (KQ2,3) D Cognitive/neurological postpartum depression) D E.g., Enfamil® Lipil®; Gerber® Good development, e.g. Æ Key Question 2, 3 (infant Start DHA & ARA®; Similac® Advance® D EEGs as measure of maturity exposures): D N-3 enriched follow-up formulae D Psychomotor developmental index D Interventions implemented within D Exclude parenterally administered from Bayley’s scales one month of birth or exposures sources D Bayley’s mental development index measured within 1 month of birth

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D Followup duration is 0 to 18 years SUPPLEMENTARY INFORMATION: CAHPS Health Plan Database as a model. The CAHPS Health Plan Settings Proposed Project Database was developed in 1998 in • Community-dwelling individuals Consumer Assessment of Healthcare response to requests from health plans, seen by primary care physicians or Providers and Systems (CAHPS) purchasers, and CMS for comparative obstetricians in private or academic Clinician and Group Survey data to support public reporting of medical practices (KQ1, 3) Comparative Database health plan ratings, health plan • Community dwelling children seen The CAHPS Clinician and Group accreditation and quality improvement in outpatient health care or educational (OMB Control Number 0935–0165, settings (KQ2, 3) Survey (‘‘the CAHPS CG Survey’’) is a tool for collecting standardized expiration 5/31/2017). Demand for Study designs will be limited to comparative results from the CG Survey Randomized Controlled Trials, information on patients’ experiences with physicians and staff in outpatient has grown as well, and therefore AHRQ prospective cohort studies, and nested developed a dedicated CAHPS Clinician case control studies (cross-sectional, medical practices. The results, enable clinicians and administrators to assess and Group Database to support retrospective cohort, and case study benchmarking, quality improvement, designs will be excluded; studies must and improve patients’ experiences with and research (OMB Control Number have measure of intake/exposure prior medical care. The CAHPS CG Survey is ® 0935–0197, expiration 06/30/2015). to outcome). Language will be restricted a product of the CAHPS program, The CAHPS Database contains data to English. Only peer-reviewed studies which is funded and administered by ® from AHRQ’s standardized CAHPS will be included; unpublished studies AHRQ, and CAHPS is a registered Surveys which provide comparative will not be included. trademark of AHRQ. AHRQ works closely with a consortium of public and measures of quality to health care Sharon B. Arnold, private research organizations to purchasers, consumers, regulators, and Deputy Director. develop and maintain surveys and tools policy makers. The CAHPS Database [FR Doc. 2015–19658 Filed 8–10–15; 8:45 am] to advance patient-centered care. In also provides data for AHRQ’s annual BILLING CODE 4160–90–P 1999, the CAHPS Consortium began National Healthcare Quality and work on a survey that would assess Disparities Report. patients’ experiences with medical Health systems, medical groups and DEPARTMENT OF HEALTH AND groups and clinicians. The CAHPS practices that administer the CAHPS HUMAN SERVICES Consortium developed a preliminary Clinician & Group Survey according to instrument known as the CAHPS Group CAHPS specifications can participate in Agency for Healthcare Research and this project. A health system is a Quality Agency Information Collection Practices Survey (G–CAHPS), with input from the Pacific Business Group complex of facilities, organizations, and Activities: Proposed Collection; providers of health care in a specified Comment Request on Health, which developed a Consumer Assessment Survey that is the geographic area. A medical group is AGENCY: Agency for Healthcare Research precedent for this type of instrument. defined as a medical group, and Quality, HHS. In August 2004, AHRQ issued a notice Accountable Care Organization (ACO), ACTION: Notice. in the Federal Register inviting state organization or some other organizations to test the CAHPS CG grouping of medical practices. A SUMMARY: This notice announces the Survey. These field-test organizations practice is an outpatient facility in a intention of the Agency for Healthcare were crucial partners in the evolution specific location whose physicians and Research and Quality (AHRQ) to request and development of the instrument, and other providers share administrative that the Office of Management and provided critical data illuminating key and clinical support staff. Each practice Budget (OMB) approve the proposed aspects of survey design and located in a building containing changes to the currently approved administration. In July 2007 the CAHPS multiple medical offices is considered a information collection project: CG Survey was endorsed by the separate practice. ‘‘Consumer Assessment of Healthcare National Quality Forum (NQF), an The goal of this project is to renew the Providers and Systems (CAHPS) organization established to standardize CAHPS CG Database. This database will Clinician and Group Survey health care quality measurement and continue to update the CAHPS CG Comparative Database.’’ In accordance reporting. The endorsement represents Database with the latest results of the with the Paperwork Reduction Act, 44 the consensus of many health care CAHPS CG Survey. These results U.S.C. 3501–3521, AHRQ invites the providers, consumer groups, consist of 34 items that measure 5 areas public to comment on this proposed professional associations, purchasers, or composites of patients’ experiences information collection. federal agencies, and research and with physicians and staff in outpatient DATES: Comments on this notice must be quality organizations. The CAHPS CG medical practices. This database: received by October 13, 2015. Survey and related toolkit materials are (1) Allows participating organizations to ADDRESSES: Written comments should available on the CAHPS Web site at compare their survey results with those of be submitted to: Doris Lefkowitz, https://cahps.ahrq.gov/surveys- other outpatient medical groups; Reports Clearance Officer, AHRQ, by guidance/cg/instructions/index.html. (2) Provides data to medical groups and email at [email protected]. Since its release, the survey has been practices to facilitate internal assessment and Copies of the proposed collection used by thousands of physicians and learning in the quality improvement process; and plans, data collection instruments, and medical practices across the U.S. specific details on the estimated burden (3) Provides information to help identify The current CAHPS Consortium strengths and areas with potential for can be obtained from the AHRQ Reports includes AHRQ, the Centers for improvement in patient care. The five Clearance Officer. Medicare & Medicaid Services (CMS), composite measures are: FOR FURTHER INFORMATION CONTACT: RAND, Yale School of Public Health, Getting Timely Appointments, Care, and Doris Lefkowitz, AHRQ Reports and Westat. Information Clearance Officer, (301) 427–1477, or by AHRQ developed the database for How Well Providers Communicate With email at [email protected]. CAHPS CG Survey data following the Patients

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Helpful, Courteous, and Respectful Office system, medical group or practice or a survey with standardized programs, then Staff vendor who contracts with the medical group aggregated and used to produce Care Coordination or practice to collect their data. After the POC comparative results. In addition, reports Patients’ Rating of the Provider has completed the Registration Form and the are produced that compare the The collection of information for the Data Use Agreement, they will submit their patient-level data from the CAHPS CG participating organizations’ results to CAHPS CG Database for Clinicians and Survey to the CAHPS CG Database. Data on the database in a password-protected Groups is being conducted pursuant to the organizational characteristics such as section of the CAHPS CG Database AHRQ’s statutory authority to conduct ownership, number of patient visits per year, online reporting system. and support research on health care and medical specialty, and information related to systems for the delivery of such care, survey administration such as mode, dates of Estimated Annual Respondent Burden including activities with respect to the survey administration, sample size, and Exhibit 1 shows the estimated burden quality, effectiveness, efficiency, response rate, which are collected as part of hours for the respondent to participate CAHPS CG appropriateness and value of health care in the CAHPS CG Database. The 20 services; quality measurement and Survey operations are also submitted. POCs in exhibit 1 are the number of improvement; and health surveys and Each submission will consist of 3 data estimated vendors. The 240 POCs in database development 42 U.S.C. files: exhibit 1 are the number of estimated 299a(a)(1), (2) and (8). (1) A Group File that contains information participating Health/Medical entities. Method of Collection about the group ownership and size of group, Each vendor will register online for (2) a Practice File containing type of practice, submission. The online Registration To achieve the goal of this project, the the practice ownership and affiliation (i.e., following activities and data collections form will require about 5 minutes to commercial, hospital or integrated delivery complete. The data use agreement will will be implemented: system, insurance company, university or be completed by the 240 participating (1) Registration Form—The purpose of this medical school, community health center, VA or military) and number of patient visits Health/Medical entities. Vendors do not form is to determine the eligibility status and sign DUAs. The DUA requires about 3 initiate the registration process for per year, and 3) a Sample File that contains participating organizations seeking to one record for each patient surveyed, the date minutes to sign and return by fax, mail voluntarily submit their CAHPS CG Survey of visit, survey disposition code and or to upload directly in the submission data to the CAHPS CG Database. The point information about survey completion. system. Each submitter will provide a of contact (POC) at the participating Survey data from the CAHPS CG copy of their questionnaire and the organization (or parent organization) will Database is used to produce four types survey data file in the required file complete the form. The POC is either a of products: format. Survey data files must conform corporate-level health care manager or a to the data file layout specifications survey vendor who contracts with a (1) An online reporting of results available provided by the CAHPS CG Database. to the public on the CAHPS Database Web participating organization to collect the The number of data submissions per CAHPS CG Survey data. site; (2) individual participant comparative (2) Data Use Agreement (DUA)—The reports that are confidential and customized POC will vary because some may submit purpose of this DUA is to obtain for each participating organization that data for multiple practices, while others authorization from participating submits their data, (3) an annual Chartbook may submit data for only one. Once a organizations to use their voluntarily that presents summary-level results in a data file is uploaded the file will be submitted CAHPS CG Survey data for downloadable PDF file; and (4) a dataset automatically checked to ensure it analysis and reporting according to the terms available to researchers for additional conforms to the specifications and a specified in the DUA. The POC at the analyses. data file status report will be produced organization will complete the form. Vendors Information for the CAHPS CG and made available to the submitter. do not sign the DUA. Database has been collected by AHRQ Submitters will review each report and (3) Data Submission—The number of submissions to the database may vary each through its contractor Westat on an will be expected to fix any errors in year because medical groups and practices annual basis since 2010. Participating their data file and resubmit if necessary. may not administer the survey and submit organizations are asked to voluntarily It will take about one hour to complete data each year. Data submission is typically submit their data to the CAHPS CG each file submission. The total burden handled by one POC who either is a health Database each year. The data is cleaned is estimated to be 454 hours annually.

EXHIBIT 1—ESTIMATED ANNUALIZED BURDEN HOURS

Number of Number of Form name respondents/ responses Hours per Total burden POCs for each POC response hours

Registration Form ...... 20 1 5/60 2 Data Use Agreement ...... 240 1 3/60 12 Data Files Submission ...... 440 1 1 440

Total ...... 700 NA NA 454

Exhibit 2 shows the estimated submission process. The cost burden is annualized cost burden based on the estimated to be $18,613 annually. respondents’ time to complete the

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EXHIBIT 2—ESTIMATED ANNUALIZED COST BURDEN

Number of Average Form name respondents/ Total burden hourly wage Total cost POCs hours rate * burden

Registration Form ...... 20 2 39.75 a $80 Data Use Agreement ...... 240 12 86.88 b 1043 Data Files Submission ...... 20 440 39.75 c 17,490

Total ...... 280 454 NA 18,613 * National Compensation Survey: Occupational wages in the United States May 2014, ‘‘U.S. Department of Labor, Bureau of Labor Statistics.’’ (a) and (c) Based on the mean hourly wages for Computer Programmer (15–1131). (b) Based on the mean hourly wage for Chief Executives (11–1011). http://www.bls.gov/oes/current/oes_nat.htm#15–0000

Request for Comments Quality Improvement Final Rule, 42 Rule to implement the Patient Safety In accordance with the Paperwork CFR part 3 (Patient Safety Rule), Act. AHRQ administers the provisions Reduction Act, comments on AHRQ’s published in the Federal Register on of the Patient Safety Act and Patient information collection are requested November 21, 2008: 73 FR 70732, Safety Rule relating to the listing and with regard to any of the following: (a) provide for the formation of Patient operation of PSOs. The Patient Safety Whether the proposed collection of Safety Organizations (PSOs), which Rule authorizes AHRQ to list as a PSO information is necessary for the proper collect, aggregate, and analyze an entity that attests that it meets the performance of AHRQ health care confidential information regarding the statutory and regulatory requirements research and information dissemination quality and safety of health care for listing. A PSO can be ‘‘delisted’’ if functions, including whether the delivery. The Patient Safety Rule it is found to no longer meet the information will have practical utility; authorizes AHRQ, on behalf of the requirements of the Patient Safety Act (b) the accuracy of AHRQ’s estimate of Secretary of HHS, to list as a PSO an and Patient Safety Rule, when a PSO burden (including hours and costs) of entity that attests that it meets the chooses to voluntarily relinquish its the proposed collection(s) of statutory and regulatory requirements status as a PSO for any reason, or when information; (c) ways to enhance the for listing. A PSO can be ‘‘delisted’’ by the PSO’s listing expires. Section quality, utility, and clarity of the the Secretary if it is found to no longer 3.108(d) of the Patient Safety Rule information to be collected; and (d) meet the requirements of the Patient requires AHRQ to provide public notice ways to minimize the burden of the Safety Act and Patient Safety Rule, when it removes an organization from collection of information upon the when a PSO chooses to voluntarily the list of federally approved PSOs. respondents, including the use of relinquish its status as a PSO for any The McGuckin Methods International, automated collection techniques or reason, or when a PSO’s listing expires. Inc., PSO number P0063 chose to let its other forms of information technology. The listing from McGuckin Methods listing expire by not seeking continued Comments submitted in response to International, Inc. has expired and listing. Accordingly, McGuckin this notice will be summarized and AHRQ has delisted the PSO Methods International, Inc. was delisted included in the Agency’s subsequent accordingly. effective at 12:00 Midnight ET (2400) on request for OMB approval of the DATES: The directories for both listed May 5, 2015. proposed information collection. All and delisted PSOs are ongoing and More information on PSOs can be comments will become a matter of reviewed weekly by AHRQ. The obtained through AHRQ’s PSO Web site public record. delisting was effective at 12:00 Midnight at http://www.pso.AHRQ.gov/ ET (2400) on May 5, 2015. index.html. Sharon B. Arnold, ADDRESSES: Deputy Director. Both directories can be Sharon B. Arnold, accessed electronically at the following Director. [FR Doc. 2015–19657 Filed 8–10–15; 8:45 am] HHS Web site: http:// [FR Doc. 2015–19660 Filed 8–10–15; 8:45 am] BILLING CODE 4160–90–P www.pso.AHRQ.gov/index.html. BILLING CODE 4160–90–P FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HEALTH AND Eileen Hogan, Center for Quality HUMAN SERVICES Improvement and Patient Safety, AHRQ, DEPARTMENT OF HEALTH AND 540 Gaither Road, Rockville, MD 20850; HUMAN SERVICES Agency for Healthcare Research and Telephone (toll free): (866) 403–3697; Quality Telephone (local): (301) 427–1111; TTY Centers for Disease Control and (toll free): (866) 438–7231; TTY (local): Prevention Patient Safety Organizations: Expired (301) 427–1130; Email: pso@ Listing for McGuckin Methods AHRQ.hhs.gov. Request for Nominations of International, Inc. Candidates To Serve on the Board of SUPPLEMENTARY INFORMATION: Scientific Counselors, National Center AGENCY: Agency for Healthcare Research Background for Environmental Health/Agency for and Quality (AHRQ), Department of Toxic Substances and Disease Health and Human Services (HHS). The Patient Safety Act authorizes the Registry (BSC, NCEH/ATSDR) ACTION: Notice of delisting. listing of PSOs, which are entities or component organizations whose The Centers for Disease Control and SUMMARY: The Patient Safety and mission and primary activity are to Prevention (CDC) is soliciting Quality Improvement Act of 2005, 42 conduct activities to improve patient nominations for membership on the U.S.C. 299b–21 to b–26, (Patient Safety safety and the quality of health care BSC, NCEH/ATSDR. The BSC, NCEH/ Act) and the related Patient Safety and delivery. HHS issued the Patient Safety ATSDR consists of 16 experts

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knowledgeable in the field of Committee Management Specialist, that a collection of information entitled environmental public health or in NCEH/ATSDR, CDC, 4770 Buford ‘‘Regulations Under the Federal Import related disciplines, who are selected by Highway (MS–F45), Atlanta, Georgia Milk Act’’ has been approved by the the Secretary of the U.S. Department of 30341, Email address: [email protected]. Office of Management and Budget Health and Human Services (HHS). The Telephone and facsimile submissions (OMB) under the Paperwork Reduction BSC, NCEH/ATSDR provides advice cannot be accepted. Act of 1995. and guidance to the Secretary, HHS; the Candidates invited to serve will be FOR FURTHER INFORMATION CONTACT: FDA Director, CDC; and the Director, NCEH/ asked to submit the ‘‘Executive Branch PRA Staff, Office of Operations, Food ATSDR, regarding program goals, Confidential Financial Disclosure and Drug Administration, 8455 objectives, strategies, and priorities in Report, OGE 450’’ for Special Colesville Rd., COLE–14526, Silver fulfillment of the agencies’ mission to Government Employees Serving on Spring, MD 20993–0002, PRAStaff@ protect and promote people’s health. Federal Advisory Committees at the fda.hhs.gov. The Board provides advice and Centers for Disease Control and guidance to help NCEH/ATSDR work Prevention. This form allows CDC to SUPPLEMENTARY INFORMATION: On June more efficiently and effectively with its determine whether there is a conflict of 23, 2015, the Agency submitted a various constituents and to fulfill its interest between that person’s public proposed collection of information mission in protecting America’s health. responsibilities as a Special Government entitled ‘‘Regulations Under the Federal Nominations are being sought for Employee and private interests and Import Milk Act’’ to OMB for review individuals who have expertise and activities, or the appearance of a lack of and clearance under 44 U.S.C. 3507. An qualifications necessary to contribute to impartiality, as defined by Federal Agency may not conduct or sponsor, the accomplishments of the Board’s regulation. The form may be viewed and and a person is not required to respond objectives. Nominees will be selected downloaded at http://www.usoge.gov/ to, a collection of information unless it from experts with experience in forms/oge450_pdf/oge450_ displays a currently valid OMB control preventing human diseases and accessible.pd. number. OMB has now approved the disabilities caused by environmental This form should not be submitted as information collection and has assigned conditions. Experts in the disciplines of part of a nomination. OMB control number 0910–0212. The toxicology, epidemiology, Contact Person for More Information: approval expires on July 31, 2018. A environmental or occupational Sandra Malcom, Committee copy of the supporting statement for this medicine, behavioral science, risk Management Specialist, NCEH/ATSDR, information collection is available on assessment, exposure assessment, 4770 Buford Highway, Mail Stop F–61, the Internet at http://www.reginfo.gov/ environmental justice, laboratory Chamblee, Georgia 30345; Telephone public/do/PRAMain. science, and experts in public health 770/488–0575 or 770/488–0577, Fax: Dated: August 6, 2015. and other related disciplines will be 770/488–3377; Email: smalcom@ Leslie Kux, considered. Members may be invited to cdc.gov. Associate Commissioner for Policy. serve up to four-year terms. The Director, Management Analysis The Federal Advisory Committee Act and Services Office, has been delegated [FR Doc. 2015–19669 Filed 8–10–15; 8:45 am] and implementing regulations stipulate the authority to sign Federal Register BILLING CODE 4164–01–P that committee membership be balanced notices pertaining to announcements of in terms of points of view represented meetings and other committee DEPARTMENT OF HEALTH AND and the Board’s function. Consideration management activities, for both the HUMAN SERVICES is given to a broad representation of Centers for Disease Control and geographic areas within the U.S., as well Prevention, and the Agency for Toxic Food and Drug Administration as gender, all ethnic and racial groups, Substances and Disease Registry. persons with disabilities, and several [Docket No. FDA–2012–N–0473] factors including: (1) The committee’s Elaine L. Baker, mission; (2) the geographic, ethnic, Director, Management Analysis and Services Agency Information Collection social, economic, or scientific impact of Office, Centers for Disease Control and Activities; Announcement of Office of Prevention. the advisory committee’s Management and Budget Approval; recommendations; (3) the types of [FR Doc. 2015–19675 Filed 8–10–15; 8:45 am] Irradiation in the Production, specific perspectives required, for BILLING CODE 4163–18–P Processing and Handling of Food example, those of consumers, technical experts, the public at-large, academia, AGENCY: Food and Drug Administration, DEPARTMENT OF HEALTH AND business, or other sectors; (4) the need HHS. HUMAN SERVICES to obtain divergent points of view on the ACTION: Notice. issues before the advisory committee; Food and Drug Administration and (5) the relevance of State, local, or SUMMARY: The Food and Drug tribal governments to the development [Docket No. FDA–2012–N–0369] Administration (FDA) is announcing of the advisory committee’s that a collection of information entitled, recommendations. Nominees must be Agency Information Collection ‘‘Irradiation in the Production, U.S. citizens. Activities; Announcement of Office of Processing and Handling of Food’’ has Nominations should be sent, in Management and Budget Approval; been approved by the Office of writing, and postmarked by September Regulations Under the Federal Import Management and Budget (OMB) under 15, 2015. The following information Milk Act the Paperwork Reduction Act of 1995. must be submitted for each candidate: AGENCY: Food and Drug Administration, FOR FURTHER INFORMATION CONTACT: FDA Name, affiliation, address, telephone HHS. PRA Staff, Office of Operations, Food number, and current curriculum vitae. ACTION: Notice. and Drug Administration, 8455 Email addresses are requested if Colesville Rd., COLE–14526, Silver available. Nominations should be sent, SUMMARY: The Food and Drug Spring, MD 20993–0002, PRAStaff@ in writing, to: Sandra Malcom, Administration (FDA) is announcing fda.hhs.gov.

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SUPPLEMENTARY INFORMATION: On June how it affects the NHSC, (b) the supply DEPARTMENT OF HEALTH AND 24, 2015, the Agency submitted a and practice patterns of mental and HUMAN SERVICES proposed collection of information behavior health, and (c) how to improve entitled, ‘‘Irradiation in the Production, the work life for health care providers Office of the Secretary Processing and Handling of Food’’ to and staff. The NACNHAC final agenda Findings of Research Misconduct; OMB for review and clearance under 44 will be available on the NACNHSC Web Correction U.S.C. 3507. An Agency may not site 3 days in advance of the meeting. conduct or sponsor, and a person is not AGENCY: Office of the Secretary, HHS. required to respond to, a collection of SUPPLEMENTARY INFORMATION: Further ACTION: Correction of notice. information unless it displays a information regarding the NACNHSC currently valid OMB control number. including the roster of members, past SUMMARY: This document corrects an OMB has now approved the information meetings summaries is available at the error that appeared in the notice collection and has assigned OMB following Web site: http:// published in the July 31, 2015, Federal control number 0910–0186. The nhsc.hrsa.gov/corpsexperience/aboutus/ Register entitled ‘‘Findings of Research approval expires on July 31, 2018. A nationaladvisorycouncil/index.html. Misconduct.’’ copy of the supporting statement for this Members of the public and interested DATES: Effective Date: August 11, 2015. information collection is available on parties may request to participate in the Applicability Date: The correction the Internet at http://www.reginfo.gov/ meeting by contacting Ashley Carothers notice is applicable for the Findings of public/do/PRAMain. via email at [email protected] to Research Misconduct notice published Dated: August 5, 2015. obtain access information. Access will on July 31, 2015. Leslie Kux, be granted on a first come, first-served FOR FURTHER INFORMATION CONTACT: Ms. Associate Commissioner for Policy. basis. Space is limited. Public Karen Gorirossi or Dr. Kristen Grace at [FR Doc. 2015–19681 Filed 8–10–15; 8:45 am] participants may submit written 240–453–8800. BILLING CODE 4164–01–P statements in advance of the scheduled SUPPLEMENTARY INFORMATION: meeting. If you would like to provide I. Background oral public comment during the DEPARTMENT OF HEALTH AND meeting, please register with the In FR Doc. 2015–18794 of July 31, HUMAN SERVICES designated federal official (DFO), CAPT 2015 (80 FR 45661–45662), there is an Shari Campbell. Public comment will be error in the grant information. The error Health Resources and Services is identified and corrected in the Administration limited to 3 minutes per speaker. Statements and comments can be Correction of Errors section below. National Advisory Council on the addressed to the DFO, CAPT Shari II. Correction of Errors Campbell by emailing her at National Health Service Corps; Notice In FR Doc. 2015–18794 of July 31, [email protected]. of Meeting 2015 (80 FR 45661–45662), make the In accordance with section 10(a)(2) of In addition, please be advised that following correction: the Federal Advisory Committee Act committee members are given copies of 1. On page 45661, third column, in FR (Pub. L. 92–463), notice is hereby given all written statements submitted from Doc. 2015–18794, second paragraph, of the following meeting: the public. Any further public last line, delete ‘‘and TA MH020002’’ so Name: National Advisory Council on participation will be solely at the that the last two lines of the paragraph the National Health Service Corps discretion of the Chair, with approval of read ‘‘grants R01 MH087214 and R01 (NACNHSC). the DFO. Registration through the MH077105.’’ Dates and Times: August 27–28, 2015, designated contact for the public Dated: July 31, 2015. 8:00 a.m.–4:30 p.m. EST. comment session is required. Donald Wright, Place: U.S. Department of Health and Human Services, Health Resources and FOR FURTHER INFORMATION CONTACT: Acting Director, Office of Research Integrity. Services Administration, Parklawn Anyone requesting information [FR Doc. 2015–19738 Filed 8–10–15; 8:45 am] Building, Conference Room #18–67, regarding the NACNHSC should contact BILLING CODE 4150–31–P 5600 Fishers Lane, Rockville, Maryland CAPT Shari Campbell, Designated 20857, In-Person meeting and Federal Official, Bureau of Health Conference Call Format. Workforce, Health Resources and DEPARTMENT OF HEALTH AND HUMAN SERVICES Status: This advisory council meeting Services Administration, in one of three will be open to the public. ways: (1) Send a request to the following National Institutes of Health Purpose: The NACNHSC provides address: CAPT Shari Campbell, advice and recommendations to the Designated Federal Official, Bureau of National Institute on Aging; Notice of Secretary of the U.S. Department of Health Workforce, Health Resources and Closed Meeting Health and Human Services and, by Services Administration, Parklawn Pursuant to section 10(d) of the designation, the Administrator of the Building, Room 8C–26, 5600 Fishers Health Resources and Services Federal Advisory Committee Act, as Lane, Rockville, Maryland 20857; (2) Administration on a range of issues amended (5 U.S.C. App.), notice is call (301) 594–4251; or (3) send an email including identifying the priorities for hereby given of the following meeting. to [email protected]. the NHSC, and policy revisions. The meeting will be closed to the Agenda: The NACNHSC will Jackie Painter, public in accordance with the welcome its new members and begin Director, Division of the Executive Secretariat. provisions set forth in sections with a New Member Orientation and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 2015–19652 Filed 8–10–15; 8:45 am] Ethics Overview. The tentative agenda as amended. The grant applications and includes discussions on (a) State’s BILLING CODE 4165–15–P the discussions could disclose Approach to Medicaid Expansion and confidential trade secrets or commercial

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property such as patentable material, Contact Person: Jay R. Radke, Ph.D., Contact Person: Kristen Weymouth, Public and personal information concerning Scientific Review Officer, Scientific Review Health Advisor, Fogarty International Center, individuals associated with the grant Program, Division of Extramural Activities, National Institutes of Health, 31 Center Drive, applications, the disclosure of which Room #3G11B, National Institutes of Health, Room B2C02, Bethesda, MD 20892, (301) NIAID, 5601 Fishers Lane MSC–9823, 496–1415, [email protected]. would constitute a clearly unwarranted Bethesda, MD 20892–9823, (240) 669–5046, invasion of personal privacy. Any interested person may file written [email protected]. comments with the committee by forwarding Name of Committee: National Institute on (Catalogue of Federal Domestic Assistance the statement to the Contact Person listed on Aging Special Emphasis Panel; Effects of GxE Program Nos. 93.855, Allergy, Immunology, this notice. The statement should include the Interactions on Aging. and Transplantation Research; 93.856, name, address, telephone number and when Date: September 3, 2015. Microbiology and Infectious Diseases applicable, the business or professional Time: 11:30 a.m. to 2:30 p.m. Research, National Institutes of Health, HHS) affiliation of the interested person. Agenda: To review and evaluate grant In the interest of security, NIH has Dated: August 5, 2015. applications. instituted stringent procedures for entrance Place: National Institute on Aging, David Clary, onto the NIH campus. All visitor vehicles, Gateway Building, Suite 2C212, 7201 Program Analyst, Office of Federal Advisory including taxicabs, hotel, and airport shuttles Wisconsin Avenue, Bethesda, MD 20892, Committee Policy. will be inspected before being allowed on (Telephone Conference Call). [FR Doc. 2015–19706 Filed 8–10–15; 8:45 am] campus. Visitors will be asked to show one Contact Person: Carmen Moten, Ph.D., BILLING CODE 4140–01–P form of identification (for example, a MPH, Scientific Review Officer, National government-issued photo ID, driver’s license, Institute on Aging, Gateway Building, 7201 or passport) and to state the purpose of their Wisconsin Avenue, Suite 2C212, Bethesda, DEPARTMENT OF HEALTH AND visit. MD 20892, 301–402–7703, cmoten@ Information is also available on the mail.nih.gov. HUMAN SERVICES Institute’s/Center’s home page: www.nih.gov/ (Catalogue of Federal Domestic Assistance fic/about/advisory.html, where an agenda Program Nos. 93.866, Aging Research, National Institutes of Health and any additional information for the National Institutes of Health, HHS) meeting will be posted when available. Fogarty International Center; Notice of This notice is being published less than 15 Dated: August 5, 2015. Meeting days prior to the meeting due to the timing Melanie J. Gray, Pursuant to section 10(d) of the limitations imposed by the review and Program Analyst, Office of Federal Advisory funding cycle. Committee Policy. Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is (Catalogue of Federal Domestic Assistance [FR Doc. 2015–19625 Filed 8–10–15; 8:45 am] hereby given of a meeting of the Fogarty Program Nos. 93.106, Minority International BILLING CODE 4140–01–P Research Training Grant in the Biomedical International Center Advisory Board. and Behavioral Sciences; 93.154, Special The meeting will be open to the International Postdoctoral Research Program DEPARTMENT OF HEALTH AND public as indicated below, with in Acquired Immunodeficiency Syndrome; HUMAN SERVICES attendance limited to space available. 93.168, International Cooperative Individuals who plan to attend and Biodiversity Groups Program; 93.934, Fogarty National Institutes of Health need special assistance, such as sign International Research Collaboration Award; language interpretation or other 93.989, Senior International Fellowship National Institute of Allergy and reasonable accommodations, should Awards Program, National Institutes of Infectious Diseases; Notice of Closed notify the Contact Person listed below Health HHS) Meeting in advance of the meeting. Dated: August 5, 2015. The meeting will be closed to the Michelle Trout, Pursuant to section 10(d) of the public in accordance with the Program Analyst, Office of Federal Advisory Federal Advisory Committee Act, as provisions set forth in sections Committee Policy. amended (5 U.S.C. App.), notice is 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., hereby given of the following meeting. [FR Doc. 2015–19624 Filed 8–10–15; 8:45 am] as amended. The grant applications and BILLING CODE 4140–01–P The meeting will be closed to the the discussions could disclose public in accordance with the confidential trade secrets or commercial provisions set forth in sections property such as patentable materials, DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and personal information concerning HUMAN SERVICES as amended. The grant applications and individuals associated with the grant the discussions could disclose applications, the disclosure of which National Institutes of Health confidential trade secrets or commercial would constitute a clearly unwarranted property such as patentable material, invasion of personal privacy. National Institute of Mental Health; and personal information concerning Notice of Meeting individuals associated with the grant Name of Committee: Fogarty International applications, the disclosure of which Center Advisory Board. Pursuant to section 10(d) of the Date: September 14–15, 2015. Federal Advisory Committee Act, as would constitute a clearly unwarranted Closed: September 14, 2015, 1:00 p.m. to invasion of personal privacy. 5:30 p.m. amended (5 U.S.C. App.), notice is Name of Committee: National Institute of Agenda: To review and evaluate grant hereby given of a meeting of the Allergy and Infectious Diseases Special applications. National Advisory Mental Health Emphasis Panel; NIAID Investigator Initiated Place: National Institutes of Health, Council. Program Project Applications (P01). Building 31, B2C03, Bethesda, MD 20892. The meeting will be open to the Date: September 3, 2015. Open: September 15, 2015, 9:00 a.m. to public as indicated below, with Time: 11:00 a.m. to 5:00 p.m. 3:00 p.m. Agenda: To review and evaluate grant Agenda: Update and discussion of current attendance limited to space available. applications. and planned FIC activities. Individuals who plan to attend and Place: National Institutes of Health, Room Place: National Institutes of Health, 16 need special assistance, such as sign 4H200, 5601 Fishers Lane, Rockville, MD Center Drive, Lawton L. Chiles International language interpretation or other 20852, (Telephone Conference Call). House (Stone House), Bethesda, MD 20892. reasonable accommodations, should

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notify the Contact Person listed below (Catalogue of Federal Domestic Assistance Dated: August 5, 2015. in advance of the meeting. Program No. 93.242, Mental Health Research Melanie J. Gray, Grants, National Institutes of Health, HHS) The meeting will be closed to the Program Analyst, Office of Federal Advisory public in accordance with the Dated: August 5, 2015. Committee Policy. provisions set forth in sections Carolyn Baum, [FR Doc. 2015–19626 Filed 8–10–15; 8:45 am] 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Program Analyst, Office of Federal Advisory BILLING CODE 4140–01–P as amended. The grant applications and Committee Policy. the discussions could disclose [FR Doc. 2015–19705 Filed 8–10–15; 8:45 am] DEPARTMENT OF HEALTH AND confidential trade secrets or commercial BILLING CODE 4140–01–P property such as patentable material, HUMAN SERVICES and personal information concerning Substance Abuse and Mental Health individuals associated with the grant DEPARTMENT OF HEALTH AND Services Administration applications, the disclosure of which HUMAN SERVICES would constitute a clearly unwarranted Agency Information Collection invasion of personal privacy. National Institutes of Health Activities: Proposed Collection; Name of Committee: National Advisory Comment Request Mental Health Council. National Institute on Alcohol Abuse Date: September 11, 2015. and Alcoholism; Notice of Closed In compliance with Section Open: 9:00 a.m. to 1:00 p.m. Meeting 3506(c)(2)(A) of the Paperwork Agenda: Presentation of the NIMH Reduction Act of 1995 concerning Director’s Report and discussion of NIMH Pursuant to section 10(d) of the opportunity for public comment on program and policy issues. Federal Advisory Committee Act, as proposed collections of information, the Place: Bethesda North Marriott Hotel & amended (5 U.S.C. App.), notice is Substance Abuse and Mental Health Conference Center, Ballroom (Main Floor, hereby given of the following meeting. Services Administration (SAMHSA) Lobby Level), 5701 Marinelli Road, Bethesda, The meeting will be closed to the will publish periodic summaries of MD 20852. proposed projects. To request more Closed: 2:00 p.m. to 5:00 p.m. public in accordance with the Agenda: To review and evaluate grant provisions set forth in sections information on the proposed projects or applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., to obtain a copy of the information Place: Bethesda North Marriott Hotel & as amended. The contract proposals and collection plans, call the SAMHSA Conference Center, Ballroom (Main Floor, the discussions could disclose Reports Clearance Officer on (240) 276– Lobby Level), 5701 Marinelli Road, Bethesda, confidential trade secrets or commercial 1243. MD 20852. property such as patentable material, Comments are invited on: (a) Whether Contact Person: Tracy Waldeck, Ph.D., and personal information concerning the proposed collections of information Chief, Extramural Policy Branch, DEA, individuals associated with the contract are necessary for the proper National Institute of Mental Health, NIH, performance of the functions of the Neuroscience Center, 6001 Executive Blvd., proposals, the disclosure of which would constitute a clearly unwarranted agency, including whether the Room 6160, MSC 9607, Bethesda, MD 20892– information shall have practical utility; 9607, 301–443–5047, [email protected]. invasion of personal privacy. (b) the accuracy of the agency’s estimate Any member of the public interested in Name of Committee: National Institute on of the burden of the proposed collection presenting oral comments to the committee Alcohol Abuse and Alcoholism Special of information; (c) ways to enhance the may notify the Contact Person listed on this Emphasis Panel; RFP2–15–05 Ghrelin quality, utility, and clarity of the notice at least 10 days in advance of the Vaccines. information to be collected; and (d) meeting. Interested individuals and Date: August 27, 2015. ways to minimize the burden of the representatives of organizations may submit Time: 1:00 p.m. to 4:00 p.m. collection of information on a letter of intent, a brief description of the Agenda: To review and evaluate contract respondents, including through the use organization represented, and a short proposals. description of the oral presentation. Only one Place: NIAAA, NIH, 5635 Fishers Lane, of automated collection techniques or representative of an organization may be Room CR2098, Rockville, MD 20852, other forms of information technology. allowed to present oral comments and if (Telephone Conference Call). accepted by the committee, presentations Proposed Project: Treatment Episode Contact Person: Ranga Srinivas, Ph.D., may be limited to five minutes. Both printed Data Set (TEDS) (OMB No. 0930–0335) and electronic copies are requested for the Chief, Extramural Project Review Branch, —Revision record. In addition, any interested person National Institute on Alcohol Abuse and Alcoholism, NIH, 5635 Fishers Lane, Room The Substance Abuse and Mental may file written comments with the Health Services Administration committee by forwarding their statement to 2085, Rockville, MD 20852, (301) 451–2067, the Contact Person listed on this notice. The [email protected]. (SAMHSA) is requesting a revision of statement should include the name, address, This notice is being published less than 15 the Treatment Episode Data Set (TEDS) telephone number and when applicable, the days prior to the meeting due to the timing data collection (OMB No. 0930–0335), business or professional affiliation of the limitations imposed by the review and which expires on January 31, 2016. interested person. funding cycle. TEDS is a compilation of client-level In the interest of security, visitors will be (Catalogue of Federal Domestic Assistance substance abuse treatment admission asked to show one form of identification (for Program Nos. 93.271, Alcohol Research and discharge data submitted by states example, a government-issued photo ID, on clients treated in facilities that driver’s license, or passport) and to state the Career Development Awards for Scientists and Clinicians; 93.272, Alcohol National receive state funds. SAMHSA is purpose of their visit. requesting the addition of client-level Information is also available on the Research Service Awards for Research Institute’s/Center’s home page: http:// Training; 92.273, Alcohol Research Programs; mental health admission and update/ www.nimh.nih.gov/about/advisory-boards- 93.891, Alcohol Research Center Grants; discharge data (MH–TEDS/CLD) and-groups/namhc/index.shtml, where an 93.701, ARRA Related Biomedical Research submitted by states on clients treated in agenda and any additional information for and Research Supports Awards, National facilities that receive state funds. These the meeting will be posted when available. Institutes of Health, HHS) mental health data have been previously

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collected in support of the Community for the Substance Abuse Block Grant administrative purposes and are able to Mental Health Services Block Grant (SABG) and Mental Health Block Grant submit a cross-walked extract of their (MHBG) and Substance Abuse and (MHBG) applications are collected in data to TEDS/MH–TEDS/CLD. No Prevention Treatment Block Grant TEDS/MH–TEDS/CLD. changes are expected in the (substance (SABG) Application Guidance and This request includes: abuse) TEDS collection. No changes are • Instructions (OMB No. 0930–0168). Continuation of collection of TEDS expected in the (mental health) MH– TEDS/MH–TEDS/CLD data are (substance abuse) client-level CLD collection (other than recording the collected to obtain information on the admissions and discharge data; • MH–TEDS/CLD burden hours separately number of admissions and updates/ Continuation of collection of MH– from the Substance Abuse Block Grant discharges at publicly-funded substance TEDS client-level admissions and (SABG) and Mental Health Block Grant abuse treatment and mental health update/discharge data of mental health (MHBG) application approval services facilities and on the clients beyond the pilot phase; and instructions (OMB No. 0930–0168) and characteristics of clients receiving • Addition of collection of MHCLD the addition of MH–TEDS beyond the services at those facilities. TEDS/MH– client-level admissions and update/ TEDS/CLD also monitors trends in the discharge data (transferred from OMB pilot phase. No data element changes for demographic, substance use, and mental No. 0930–0168). TEDS/MH–TEDS/CLD are expected. health characteristics of admissions. In Most states collect the TEDS/MH– The estimated annual burden for the addition, several of the data elements TEDS/CLD data elements from their separate TEDS/MH–TEDS/CLD used to calculate performance measures treatment providers for their own activities is as follows:

Number of Responses Type of activity respondents per Total Hours per Total burden (states/ responses response hours jurisdictions) respondent

TEDS Admission Data ...... 52 4 208 6.25 1,300 TEDS Discharge Data ...... 52 4 208 8.25 1,716 TEDS Crosswalks ...... 5 1 5 10 50 MH–CLD BCI Data ...... 30 1 30 30 900 MH–CLD SHR Data ...... 30 1 30 5 150 MH–TEDS Admissions Data ...... 29 4 116 6.25 725 MH–TEDS Update/Discharge Data ...... 29 4 116 8.25 957 MH–TEDS Crosswalks ...... 1 10 10 100

State Total ...... 59 ...... 723 ...... 5,898

Send comments to Summer King, Homeland Security will be submitting SUPPLEMENTARY INFORMATION: CBP SAMHSA Reports Clearance Officer, the following information collection invites the general public and other Room 2–1057, One Choke Cherry Road, request to the Office of Management and Federal agencies to comment on Rockville, MD 20857 or email her a Budget (OMB) for review and approval proposed and/or continuing information copy at [email protected]. in accordance with the Paperwork collections pursuant to the Paperwork Written comments should be received Reduction Act: Cargo Container and Reduction Act of 1995 (Pub. L. 104–13). by October 13, 2015. Road Vehicle for Transport under The comments should address: (a) Summer King, Customs Seal. CBP is proposing that this Whether the collection of information is Statistician. information collection be extended with necessary for the proper performance of no change to the burden hours or to the the functions of the agency, including [FR Doc. 2015–19651 Filed 8–10–15; 8:45 am] Information collected. This document is BILLING CODE 4162–20–P whether the information shall have published to obtain comments from the practical utility; (b) the accuracy of the public and affected agencies. agency’s estimates of the burden of the DEPARTMENT OF HOMELAND DATES: Written comments should be collection of information; (c) ways to SECURITY received on or before October 13, 2015 enhance the quality, utility, and clarity to be assured of consideration. of the information to be collected; (d) U.S. Customs and Border Protection ways to minimize the burden including ADDRESSES: Written comments may be the use of automated collection [1651–0124] mailed to U.S. Customs and Border techniques or the use of other forms of Protection, Attn: Tracey Denning, Agency Information Collection Regulations and Rulings, Office of information technology; and (e) the Activities: Cargo Container and Road International Trade, 90 K Street NE., annual cost burden to respondents or Vehicle Certification for Transport 10th Floor, Washington, DC 20229– record keepers from the collection of Under Customs Seal 1177. information (total capital/startup costs AGENCY: U.S. Customs and Border and operations and maintenance costs). Protection, Department of Homeland FOR FURTHER INFORMATION CONTACT: The comments that are submitted will Security. Requests for additional information be summarized and included in the CBP ACTION: 60-Day Notice and request for should be directed to Tracey Denning, request for OMB approval. All comments; extension of an existing U.S. Customs and Border Protection, comments will become a matter of collection of information. Regulations and Rulings, Office of public record. In this document, CBP is International Trade, 90 K Street NE., soliciting comments concerning the SUMMARY: U.S. Customs and Border 10th Floor, Washington, DC 20229– following information collection: Protection (CBP) of the Department of 1177, at 202–325–0265.

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Title: Cargo Container and Road Officer, QDAM, Department of Housing Schmutzler at Diane.M.Schmutzler@ Vehicle for Transport under Customs and Urban Development, 451 7th Street hud.gov or telephone 202–402–4385. Seal. SW., Washington, DC 20410; email This is not a toll-free number. Persons OMB Number: 1651–0124. Colette Pollard at Colette.Pollard@ with hearing or speech impairments Abstract: The United States is a hud.gov or telephone 202–402–3400. may access this number through TTY by signatory to several international Persons with hearing or speech calling the toll-free Federal Relay Customs conventions and is responsible impairments may access this number Service at (800) 877–8339. Copies of for specifying the technical through TTY by calling the toll-free available documents submitted to OMB requirements that containers and road Federal Relay Service at (800) 877–8339. may be obtained from Ms. Schmutzler. vehicles must meet to be acceptable for This is not a toll-free number. Copies of SUPPLEMENTARY INFORMATION: This transport under Customs seal. Customs available documents submitted to OMB notice informs the public that HUD is and Border Protection (CBP) has the may be obtained from Ms. Pollard. seeking approval from OMB for the responsibility of collecting information Dated: July 6, 2015. information collection described in for the purpose of certifying containers Colette Pollard, section A. and vehicles for international transport Department Reports Management Officer, A. Overview of Information Collection under Customs seal. A certification of Office of the Chief Information Officer. compliance facilitates the movement of [FR Doc. 2015–19712 Filed 8–10–15; 8:45 am] Title of Information Collection: containers and road vehicles across BILLING CODE 4210–67–P Continuum of Care Homeless Assistance international territories. The procedures Grant Application. for obtaining a certification of a OMB Approval Number: 2506–0112. container or vehicle are set forth in 19 DEPARTMENT OF HOUSING AND Type of Request: Revision of a CFR part 115. URBAN DEVELOPMENT currently approved collection. Action: CBP proposes to extend the Form Number: CoC Consolidated [Docket No. FR–5832–N–07] expiration date of this information Application (all parts), SF 424, HUD SF collection with no change to the burden 60-Day Notice of Proposed Information 424 SUPP, HUD–2991, HUD–92041, hours or to the information collected. Collection: Continuum of Care HUD–27300, HUD–2880, SF–LLL, Type of Review: Extension (without Homeless Assistance Grant HUD–40090–4, HUD–50070. change). Application Description of the need for the Affected Public: Businesses. information and proposed use: The Estimated Number of Respondents: AGENCY: Office of Community Planning regulatory authority to collect this 25. and Development, HUD. information is contained in 24 CFR part Estimated Number of Annual ACTION: Notice. 578, and is authorized by the Responses per Respondent: 120. McKinney-Vento Act, as amended by Estimated Time per Response: 3.5 SUMMARY: HUD is seeking approval from section 896 The Homeless Emergency hours. the Office of Management and Budget Assistance and Rapid Transition to Estimated Total Annual Burden (OMB) for the information collection Housing (HEARTH) Act of 2009 (42 Hours: 10,500. described below. In accordance with the U.S.C. 11371 et seq.) which states that Paperwork Reduction Act, HUD is Dated: August 5, 2015. ‘‘The Secretary shall award grants, on a requesting comment from all interested Tracey Denning, competitive basis, and using the parties on the proposed collection of Agency Clearance Officer, U.S. Customs and selection criteria described in section information. The purpose of this notice Border Protection. 427, to carry out eligible activities under is to allow for 60 days of public [FR Doc. 2015–19638 Filed 8–10–15; 8:45 am] this subtitle for projects that meet the comment. BILLING CODE 9111–14–P program requirements under section DATES: Comments Due Date: October 13, 426, either by directly awarding funds 2015. to project sponsors or by awarding DEPARTMENT OF HOUSING AND ADDRESSES: Interested persons are funds to unified funding agencies.’’ URBAN DEVELOPMENT invited to submit comments regarding (section 422(a)) this proposal. Comments should refer to The CoC Homeless Assistance Grant [Docket No. FR–5831–C–38] the proposal by name and/or OMB Application (OMB 2506–0112) is the Control Number and should be sent to: 30-Day Notice of Proposed Information second phase of the information Colette Pollard, Reports Management Collection: CDBG–DR Expenditure collection process to be used in HUD’s Officer, QDAM, Department of Housing Deadline Extension Request Template CoC Program Competition authorized by and Urban Development, 451 7th Street (Pub. L. 113–2 Grantees Only) the HEARTH Act. During this phase, SW., Room 4176, Washington, DC HUD collects information from the state AGENCY: Office of the Chief Information 20410–5000; telephone 202–402–3400 and local Continuum of Cares (CoCs) Officer, HUD. (this is not a toll-free number) or email through the CoC Consolidated ACTION: Notice. at [email protected] for a copy of Application which is comprised of the the proposed forms or other available CoC Application, and the Priority SUMMARY: On July 31, 2015 at 80 FR information. Persons with hearing or Listing which includes the individual 45675, HUD published a 60 day notice speech impairments may access this project recipients’ project applications. of proposed information collection number through TTY by calling the toll- The CoC Consolidated Grant entitled CDBG–DR Expenditure free Federal Relay Service at (800) 877– Application is necessary for the Deadline Extension Request Template 8339. selection of proposals submitted to HUD (Pub. L. 113–2 Grantees Only). This FOR FURTHER INFORMATION CONTACT: (by State and local governments, public notice is a 30 day notice of proposed Diane Schmutzler, SNAPS Specialist, housing authorities, and nonprofit information collection. CPD, Department of Housing and Urban organization) for the grant funds FOR FURTHER INFORMATION CONTACT: Development, 451 7th Street SW., available through the Continuum of Colette Pollard, Reports Management Washington, DC 20410; email Diane Care Program, in order to make

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decisions for the awarding CoC Program SUMMARY: This notice sets the date of ACTION: Meeting notice. funds. September 14, 2015, meeting of the Respondents (i.e. affected public): Acadia National Park Advisory SUMMARY: This notice sets forth the date States, local governments, private Commission. of the 299th Meeting of the Cape Cod nonprofit organizations, public housing National Seashore Advisory DATES: The public meeting of the authorities, and community mental Commission. Advisory Commission will be held on health associations that are public Monday, September 14, 2015, at 1:00 DATES: The public meeting of the Cape nonprofit organizations. p.m. (EASTERN). Cod National Seashore Advisory Estimated Number of Respondents: Commission will be held on Monday, ADDRESSES: 4,577 applicants. The meeting will be held at September 14, 2015, at 1:00 p.m. Estimated Number of Responses: Schoodic Education and Research (EASTERN). 8,869 applications. Center, Winter Harbor, Maine 04693. ADDRESSES: The 299th meeting of the Frequency of Response: 1 response Agenda per year. Cape Cod National Seashore Advisory Average Hours per Response: 22.75 The Commission meeting will consist Commission will take place on Monday, hours. of the following proposed agenda items: September 14, 2015, at 1:00 p.m., in the Total Estimated Burdens: 201,779.87 1. Committee Reports conference room at park headquarters, hours. • Land Conservation 99 Marconi Station Road, in Wellfleet, • Massachusetts 02667 to discuss the B. Solicitation of Public Comment Park Use • Science and Education following: This notice is soliciting comments • Historic 1. Adoption of Agenda from members of the public and affected 2. Old Business 2. Approval of Minutes of Previous parties concerning the collection of 3. Superintendent’s Report Meeting (March 30, 2015) information described in section A on 4. Chairman’s Report 3. Reports of Officers the following: 5. Public Comments 4. Reports of Subcommittees (1) Whether the proposed collection 6. Adjournment Update of Pilgrim Nuclear Plant of information is necessary for the Emergency Planning Subcommittee FOR FURTHER INFORMATION CONTACT: proper performance of the functions of State Legislation Proposals Sheridan Steele, Superintendent, the agency, including whether the 5. Superintendent’s Report Acadia National Park, P.O. Box 177, Bar information will have practical utility; Shorebird Management Plan/ (2) The accuracy of the agency’s Harbor, Maine 04609, telephone (207) Environmental Assessment estimate of the burden of the proposed 288–3338. Nauset Spit Update collection of information; SUPPLEMENTARY INFORMATION: The National Park Service Centennial (3) Ways to enhance the quality, meeting is open to the public. Interested Improved Properties/Town Bylaws utility, and clarity of the information to persons may make oral or written Herring River Wetland Restoration be collected; and presentations to the Commission or file Highlands Center Update (4) Ways to minimize the burden of written statements. Such requests Ocean Stewardship Topics— the collection of information on those should be made to the Superintendent Shoreline Change who are to respond; including through at least seven days prior to the meeting. Climate Friendly Parks the use of appropriate automated Before including your address, 6. Old Business collection techniques or other forms of telephone number, email address, or Live Lightly Campaign Progress information technology, e.g., permitting other personal identifying information Report electronic submission of responses. in your comment, you should be aware 7. New Business HUD encourages interested parties to that your entire comment—including 8. Date and Agenda for Next Meeting submit comment in response to these your personal identifying information— 9. Public Comment questions. may be made publicly available at any 10. Adjournment FOR FURTHER INFORMATION CONTACT: Authority: Section 3507 of the Paperwork time. While you may ask us in your Reduction Act of 1995, 44 U.S.C. chapter 35. comment to withhold your personal Further information concerning the identifying information from public meeting may be obtained from George E. Dated: August 3, 2015. review, we cannot guarantee that we Price, Jr., Superintendent, Cape Cod Harriet Tregoning, will be able to do so. National Seashore, 99 Marconi Site, Principal Deputy Assistant Secretary for Dated: August 4, 2015. Wellfleet, MA 02667, or via telephone at Community Planning and Development. (508) 771–2144. [FR Doc. 2015–19713 Filed 8–10–15; 8:45 am] Alma Ripps, Chief, Office of Policy. SUPPLEMENTARY INFORMATION: The BILLING CODE 4210–67–P Commission was reestablished pursuant [FR Doc. 2015–19639 Filed 8–10–15; 8:45 am] to Public Law 87–126, as amended by BILLING CODE 4310–70–P Public Law 105–280. The purpose of the DEPARTMENT OF THE INTERIOR Commission is to consult with the DEPARTMENT OF THE INTERIOR Secretary of the Interior, or her National Park Service designee, with respect to matters [NPS–NERO–ACAD–18756; PPNEACADSO, National Park Service relating to the development of Cape Cod PPMPSPDIZ.YM0000] National Seashore, and with respect to [NPS–NERO–CACO–18771; PPNECACOS0, carrying out the provisions of sections 4 Notice of September 14, 2015, Meeting PPMPSD1Z.YM0000] and 5 of the Act establishing the for Acadia National Park Advisory Seashore. Commission Notice of September 14, 2015, Meeting for Cape Cod National Seashore The meeting is open to the public. It AGENCY: National Park Service, Interior. Advisory Commission is expected that 15 persons will be able to attend the meeting in addition to ACTION: Meeting notice. AGENCY: National Park Service, Interior. Commission members. Interested

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persons may make oral/written Public hearings are scheduled to be that were the basis for the original presentations to the Commission during held on these proposed amendments as certification. The worker group includes the business meeting or file written follows: workers at the following locations: 2200 statements. Such requests should be • Bankruptcy Rule 1006 in West Loop South, Suite 800, Houston, made to the park superintendent prior Washington, DC on January 22, 2016, Texas 77027; 8204 Fairbanks N Houston to the meeting. Before including your and in Pasadena, CA, on January 29, Road, Houston, Texas 77064; and 302 address, telephone number, email 2016; McCarty Street, Houston, Texas 77029. address, or other personal identifying • Rules of Evidence 803 and 902 in The amended notice applicable to information in your comment, you Phoenix, AZ, on January 6, 2016, and in TA–W–85,821 is hereby issued as should be aware that your entire Washington, DC, on February 12, 2016. follows: comment—including your personal Those wishing to testify should ‘‘All workers of Maverick Tube identifying information—may be made contact the Secretary at the address Corporation dba TenarisConroe, a subsidiary publicly available at any time. While below in writing at least 30 days before of Tenaris S.A., including on-site leased you may ask us in your comment to the hearing. workers from TESIS Automation and Janus withhold your personal identifying FOR FURTHER INFORMATION CONTACT: Automation, Conroe, Texas (TA–W–85,821) information from public review, we Rebecca A. Womeldorf, Secretary, and Maverick Tube Corporation, a subsidiary cannot guarantee that we will be able to of Tenaris S.A., Houston, Texas (TA–W– Committee on Rules of Practice and 85,821A) who became totally or partially do so. Procedure of the Judicial Conference of separated from employment on or after Dated: August 4, 2015. the United States, Thurgood Marshall February 2, 2014 through March 18, 2017, are Alma Ripps, Federal Judiciary Building, One eligible to apply for adjustment assistance Columbus Circle NE., Suite 7–240, under Chapter 2 of Title II of the Trade Act Chief, Office of Policy. Washington, DC 20544, Telephone (202) of 1974, as amended, and are also eligible to [FR Doc. 2015–19640 Filed 8–10–15; 8:45 am] 502–1820. apply for alternative trade adjustment BILLING CODE 4310–EE–P assistance under Section 246 of the Trade Act Dated: August 5, 2015. of 1974, as amended.’’ Rebecca A. Womeldorf, Signed in Washington, DC this 20th day of Secretary, Committee on Rules of Practice May, 2015. JUDICIAL CONFERENCE OF THE and Procedure, Judicial Conference of the Del Min Chen, UNITED STATES United States. Certifying Officer, Office of Trade Adjustment [FR Doc. 2015–19634 Filed 8–10–15; 8:45 am] Assistance. Hearings of the Judicial Conference BILLING CODE 2210–55–P Advisory Committees on the Federal [FR Doc. 2015–19716 Filed 8–10–15; 8:45 am] Rules of Bankruptcy Procedure and BILLING CODE 4510–FN–P the Federal Rules of Evidence DEPARTMENT OF LABOR AGENCY: Advisory Committees on the DEPARTMENT OF LABOR Employment and Training Federal Rules of Bankruptcy Procedure Administration and the Federal Rules of Evidence, Office of the Secretary Judicial Conference of the United States. [TA–W–85,821A] Agency Information Collection ACTION: Notice of proposed amendments Activities; Submission for OMB and open hearings. Maverick Tube Corporation; a Subsidiary of Tenaris S.A.; Houston, Review; Comment Request; Temporary SUMMARY: The Advisory Committees on Texas; Amended Certification Labor Camps Standard the Federal Rules of Bankruptcy Regarding Eligibility To Apply for ACTION: Notice. Procedure and the Federal Rules of Worker Adjustment Assistance Evidence have proposed amendments to In accordance with Section 223 of the SUMMARY: The Department of Labor the following rules: Trade Act of 1974, as amended (‘‘Act’’), (DOL) is submitting the Occupational Bankruptcy Rule 1006 19 U.S.C. 2273, the Department of Labor Safety and Health Administration Evidence Rules 803 and 902 issued a Certification of Eligibility to (OSHA) sponsored information The text of the proposed rules Apply for Worker Adjustment collection request (ICR) titled, amendments and the accompanying Assistance on March 18, 2015, ‘‘Temporary Labor Camps Standard,’’ to Committee Notes can be found at the applicable to workers of Maverick Tube the Office of Management and Budget United States Federal Courts’ Web site Corporation dba TenarisConroe, a (OMB) for review and approval for at: http://www.uscourts.gov/rules- subsidiary of Tenaris S.A., including on- continued use, without change, in policies/proposed-amendments- site leased workers from TESIS accordance with the Paperwork published-public-comment. Automation and Janus Automation, Reduction Act of 1995 (PRA), 44 U.S.C. All written comments and suggestions Conroe, Texas. The Department’s Notice 3501 et seq. Public comments on the with respect to the proposed of Determination was published in the ICR are invited. amendments may be submitted on or Federal Register on April 13, 2015 (80 DATES: The OMB will consider all after the opening of the period for FR 19691). written comments that agency receives public comment on August 14, 2015, At the request of a State Workforce on or before September 10, 2015. but no later than February 16, 2016. Official, the Department reviewed the ADDRESSES: A copy of this ICR with Written comments must be submitted certification for workers of the subject applicable supporting documentation; electronically, following the firm. The workers were engaged in the including a description of the likely instructions provided at the Web site production of oil country tubular goods. respondents, proposed frequency of address provided above. In accordance The investigation confirmed that response, and estimated total burden with established procedures, all worker separations from Maverick Tube may be obtained free of charge from the comments submitted are available for Corporation, Houston, Texas are RegInfo.gov Web site at http:// public inspection. attributable to the increased imports www.reginfo.gov/public/do/

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PRAViewICR?ref_nbr=201507-1218-002 of information, and the public is OMB Control Number: 1218–0096. (this link will only become active on the generally not required to respond to an Affected Public: Private Sector— day following publication of this notice) information collection, unless it is farms. or by contacting Michel Smyth by approved by the OMB under the PRA Total Estimated Number of telephone at 202–693–4129, TTY 202– and displays a currently valid OMB Respondents: 1,933. 693–8064, (these are not toll-free Control Number. In addition, Total Estimated Number of numbers) or by email at DOL_PRA_ notwithstanding any other provisions of Responses: 1,933. [email protected]. law, no person shall generally be subject Total Estimated Annual Time Burden: Submit comments about this request to penalty for failing to comply with a 155 hours. by mail or courier to the Office of collection of information that does not Total Estimated Annual Other Costs Information and Regulatory Affairs, display a valid Control Number. See 5 Burden: $0. Attn: OMB Desk Officer for DOL–OSHA, CFR 1320.5(a) and 1320.6. The DOL Dated: August 4, 2015. Office of Management and Budget, obtains OMB approval for this Michel Smyth, Room 10235, 725 17th Street, NW., information collection under Control Departmental Clearance Officer. Washington, DC 20503; by Fax: 202– Number 1218–0096. [FR Doc. 2015–19632 Filed 8–10–15; 8:45 am] 395–5806 (this is not a toll-free OMB authorization for an ICR cannot BILLING CODE 4510–26–P number); or by email: OIRA_ be for more than three (3) years without [email protected]. Commenters renewal, and the current approval for are encouraged, but not required, to this collection is scheduled to expire on DEPARTMENT OF LABOR send a courtesy copy of any comments October 31, 2015. The DOL seeks to by mail or courier to the U.S. extend PRA authorization for this Office of the Secretary Department of Labor-OASAM, Office of information collection for three (3) more the Chief Information Officer, Attn: years, without any change to existing Agency Information Collection Departmental Information Compliance requirements. The DOL notes that Activities; Submission for OMB Management Program, Room N1301, existing information collection Review; Comment Request; Guam 200 Constitution Avenue, NW., requirements submitted to the OMB Military Base Realignment Contractors Washington, DC 20210; or by email: receive a month-to-month extension Recruitment Standards [email protected]. while they undergo review. For ACTION: FOR FURTHER INFORMATION CONTACT: additional substantive information Notice. Contact Michel Smyth by telephone at about this ICR, see the related notice SUMMARY: The Department of Labor 202–693–4129, TTY 202–693–8064, published in the Federal Register on (DOL) is submitting the Employment (these are not toll-free numbers) or by April 29, 2015 (80 FR 23822). and Training Administration (ETA) _ _ email at DOL PRA [email protected]. Interested parties are encouraged to sponsored information collection Authority: 44 U.S.C. 3507(a)(1)(D). send comments to the OMB, Office of request (ICR) titled, ‘‘Guam Military Information and Regulatory Affairs at SUPPLEMENTARY INFORMATION: This ICR Base Realignment Contractors the address shown in the ADDRESSES Recruitment Standards,’’ to the Office of seeks to extend PRA authority for the section within thirty (30) days of Temporary Labor Camp Standards Management and Budget (OMB) for publication of this notice in the Federal review and approval for continued use, information collection requirements Register. In order to help ensure codified in regulations 29 CFR without change, in accordance with the appropriate consideration, comments Paperwork Reduction Act of 1995 1910.142. It is mandatory for an should mention OMB Control Number Occupational Safety and Health Act (PRA), 44 U.S.C. 3501 et seq. Public 1218–0096. The OMB is particularly comments on the ICR are invited. (OSH Act) covered employer subject to interested in comments that: DATES: the Standard to report to the local • Evaluate whether the proposed The OMB will consider all public health officer the name and collection of information is necessary written comments that agency receives address of any individual in the camp for the proper performance of the on or before September 10, 2015. known to have, or suspected of having, functions of the agency, including ADDRESSES: A copy of this ICR with a communicable disease. The employer whether the information will have applicable supporting documentation; is also required to notify local public practical utility; including a description of the likely health authorities of each occurrence of • Evaluate the accuracy of the respondents, proposed frequency of a suspected case of food poisoning or of agency’s estimate of the burden of the response, and estimated total burden an unusual prevalence of any illnesses proposed collection of information, may be obtained free of charge from the in which fever, diarrhea, sore throat, including the validity of the RegInfo.gov Web site at http:// vomiting, or jaundice is a prevalent methodology and assumptions used; www.reginfo.gov/public/do/ symptom. These reporting requirements • Enhance the quality, utility, and PRAViewICR?ref_nbr=201507-1205-001 are necessary to minimize the clarity of the information to be (this link will only become active on the possibility of communicable disease collected; and day following publication of this notice) epidemics spreading throughout the • Minimize the burden of the or by contacting Michel Smyth by camps and endangering the health of the collection of information on those who telephone at 202–693–4129, TTY 202– camp residents. In addition, the are to respond, including through the 693–8064, (these are not toll-free Standard requires marking ‘‘for men’’ use of appropriate automated, numbers) or by email at DOL_PRA_ and ‘‘for women’’ on certain toilet electronic, mechanical, or other [email protected]. rooms. OSH Act sections 2(b)(9), 6, and technological collection techniques or Submit comments about this request 8(c) authorize this information other forms of information technology, by mail or courier to the Office of collection. See 29 U.S.C. 651(b)(9), 655, e.g., permitting electronic submission of Information and Regulatory Affairs, and 657(c). responses. Attn: OMB Desk Officer for DOL–ETA, This information collection is subject Agency: DOL–OSHA. Office of Management and Budget, to the PRA. A Federal agency generally Title of Collection: Temporary Labor Room 10235, 725 17th Street NW., cannot conduct or sponsor a collection Camps Standard. Washington, DC 20503; by Fax: 202–

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395–5806 (this is not a toll-free law, no person shall generally be subject Total Estimated Number of number); or by email: OIRA_ to penalty for failing to comply with a Responses: 999. [email protected]. Commenters collection of information that does not Total Estimated Annual Time Burden: are encouraged, but not required, to display a valid Control Number. See 5 333 hours. send a courtesy copy of any comments CFR 1320.5(a) and 1320.6. The DOL Total Estimated Annual Other Costs by mail or courier to the U.S. obtains OMB approval for this Burden: $0. Department of Labor-OASAM, Office of information collection under Control Dated: August 4, 2015. the Chief Information Officer, Attn: Number 1205–0484. Michel Smyth, Departmental Information Compliance OMB authorization for an ICR cannot Departmental Clearance Officer. Management Program, Room N1301, be for more than three (3) years without [FR Doc. 2015–19633 Filed 8–10–15; 8:45 am] 200 Constitution Avenue NW., renewal, and the current approval for BILLING CODE 4510–FN–P Washington, DC 20210; or by email: this collection is scheduled to expire on [email protected]. September 30, 2015. The DOL seeks to FOR FURTHER INFORMATION CONTACT: extend PRA authorization for this DEPARTMENT OF LABOR Contact Michel Smyth by telephone at information collection for three (3) more 202–693–4129, TTY 202–693–8064, years, without any change to existing Mine Safety and Health Administration (these are not toll-free numbers) or by requirements. The DOL notes that email at [email protected]. existing information collection Affirmative Decisions on Petitions for Modification Granted in Whole or in Authority: 44 U.S.C. 3507(a)(1)(D). requirements submitted to the OMB Part SUPPLEMENTARY INFORMATION: This ICR receive a month-to-month extension seeks to extend PRA authority for the while they undergo review. For AGENCY: Mine Safety and Health Guam Military Base Realignment additional substantive information Administration (MSHA), Labor. Contractors Recruitment Standards about this ICR, see the related notice ACTION: Notice. information collection. National Defense published in the Federal Register on Authorization Act (NDAA) for Fiscal April 23, 2015 (80 FR 22743). SUMMARY: Section 101(c) of the Federal Year 2010 (Public Law 111–84, enacted Interested parties are encouraged to Mine Safety and Health Act of 1977 and October 28, 2009) section 2834(a) send comments to the OMB, Office of 30 CFR part 44 govern the application, amended Military Construction Information and Regulatory Affairs at processing, and disposition of petitions Authorization Act for Fiscal Year 2009 the address shown in the ADDRESSES for modification. This Federal Register section 2824(c) to require an expanded section within thirty (30) days of Notice notifies the public that MSHA effort to recruit U.S. and other eligible publication of this notice in the Federal has investigated and issued a final workers for employment on Guam Register. In order to help ensure decision on certain mine operator military base realignment construction appropriate consideration, comments petitions to modify a safety standard. projects. See Public Law 110–417, Div. should mention OMB Control Number ADDRESSES: Copies of the final decisions B, tit. XXVIII, sec. 2824(c)(6) (10 U.S.C. 1205–0484. The OMB is particularly are posted on MSHA’s Web site at 2687 note), as amended by Public Law interested in comments that: http://www.msha.gov/READROOM/ 111–84, Div. B, tit. XXVIII, sec. 2834(a). • Evaluate whether the proposed PETITION.HTM. The public may This reporting structure features collection of information is necessary inspect the petitions and final decisions electronic posting of construction job for the proper performance of the during normal business hours in opportunities on an Internet job banks functions of the agency, including MSHA’s Office of Standards, site with national coverage, posting job whether the information will have Regulations, and Variances, 201 12th opportunities on several state workforce practical utility; Street South, Suite 4E401, Arlington, agency job banks, and documentation of • Evaluate the accuracy of the Virginia 22202. All visitors are required worker recruitment results reports that agency’s estimate of the burden of the to check in at the receptionist’s desk in will be submitted to the Guam proposed collection of information, Suite 4E401. Department of Labor (GDOL). All data including the validity of the FOR FURTHER INFORMATION CONTACT: collection and reporting will be done by methodology and assumptions used; Roslyn B. Fontaine, Office of Standards, military base construction contractors, • Enhance the quality, utility, and Regulations, and Variances at 202–693– and the data and recruitment results in clarity of the information to be 9475 (Voice), [email protected] a report that will be submitted to the collected; and (Email), or 202–693–9441 (Telefax), or GDOL. Military Construction • Minimize the burden of the Barbara Barron at 202–693–9447 Authorization Act for Fiscal Year 2009 collection of information on those who (Voice), [email protected] section 2824(c)(6) authorizes this are to respond, including through the (Email), or 202–693–9441 (Telefax). information collection. See 10 U.S.C. use of appropriate automated, [These are not toll-free numbers]. 2687 note; Public Law 110–417, Div. B, electronic, mechanical, or other SUPPLEMENTARY INFORMATION: tit. XXVIII, sec. 2824(c)(6), as amended technological collection techniques or by Public Law 111–84, Div. B, tit. other forms of information technology, I. Introduction XXVIII, sec. 2834(a). e.g., permitting electronic submission of Under section 101 of the Federal Mine This information collection is subject responses. Safety and Health Act of 1977, a mine to the PRA. A Federal agency generally Agency: DOL–ETA. operator may petition and the Secretary cannot conduct or sponsor a collection Title of Collection: Guam Military of Labor (Secretary) may modify the of information, and the public is Base Realignment Contractors application of a mandatory safety generally not required to respond to an Recruitment Standards. standard to that mine if the Secretary information collection, unless it is OMB Control Number: 1205–0484. determines that: (1) An alternative approved by the OMB under the PRA Affected Public: Private Sector— method exists that will guarantee no and displays a currently valid OMB businesses or other for-profits. less protection for the miners affected Control Number. In addition, Total Estimated Number of than that provided by the standard; or notwithstanding any other provisions of Respondents: 25. (2) the application of the standard will

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result in a diminution of safety to the • Docket Number: M–2014–036–C. telephonically, please contact Mr. affected miners. FR Notice: 79 FR 69135 (11/20/2014). Patrick Finley (202) 358–5684, before MSHA bases the final decision on the Petitioner: Sunrise Coal, LLC, 12661 4:30 p.m., Local Time, August 26, 2014. petitioner’s statements, any comments Agricare Road, Oaktown, Indiana 47561. You will need to provide your name, and information submitted by interested Mine: Oaktown Fuels Mine No. 2, affiliation, and phone number. persons, and a field investigation of the MSHA I.D. No. 12–02418, located in Attendees will be requested to sign a conditions at the mine. In some Knox County, Indiana. instances, MSHA may approve a Regulation Affected: 30 CFR 75.1101– register and to comply with NASA petition for modification on the 1(b) (Deluge-type water spray systems). security requirements, including the presentation of a valid picture ID to condition that the mine operator • Docket Number: M–2014–037–C. complies with other requirements noted FR Notice: 79 FR 70570 (11/26/2014). Security before access to NASA in the decision. Petitioner: Jesse Creek Mining, LLC, Headquarters. Due to the Real ID Act, Public Law 109–13, any attendees with II. Granted Petitions for Modification 1615 Kent Dairy Road, Alabaster, Alabama 35007. drivers licenses issued from non- On the basis of the findings of Mine: Clark No. 1 Mine, MSHA I.D. compliant states/territories must present MSHA’s investigation, and as designee No. 01–03422, located in Shelby a second form of ID [Federal employee of the Secretary, MSHA has granted or County, Alabama. badge; passport; active military partially granted the following petitions Regulation Affected: 30 CFR identification card; enhanced driver’s for modification: 75.364(b)(2) (Weekly examination). license; U.S. Coast Guard Merchant • Docket Number: M–2013–058–C. Dated: August 6, 2015. Mariner card; Native American tribal FR Notice: 79 FR 11141 (2/27/2014). Sheila McConnell, document; school identification Petitioner: Kimmel Mining, Inc., P.O. accompanied by an item from LIST C Box 8, Williamstown, Pennsylvania Acting Director, Office of Standards, Regulations, and Variances. (documents that establish employment 17098. [FR Doc. 2015–19653 Filed 8–10–15; 8:45 am] authorization) from the ‘‘List of the Mine: Williamstown Mine #1, MSHA Acceptable Documents’’ on Form I–9]. BILLING CODE 4510–43–P I.D. No. 36–09435, located in Schuylkill Non-compliant states/territories are: County, Pennsylvania. American Samoa, Arizona, Idaho, Regulation Affected: 30 CFR Louisiana, Maine, Minnesota, New 75.1200(d) & (i) (Mine maps). NATIONAL AERONAUTICS AND Hampshire, and New York. Foreign • SPACE ADMINISTRATION Docket Number: M–2014–020–C. nationals attending this meeting will be FR Notice: 79 FR 38569 (7/8/2014). [Notice: 15–067] required to provide a copy of their Petitioner: McElroy Coal Company, 57 passport and visa in addition to Goshorn Woods Road, Cameron, West NASA International Space Station providing the following information no Virginia 26033. Advisory Committee; Meeting Mine: McElroy Mine, MSHA I.D. No. less than 10 working days prior to the AGENCY: 46–01437, located in Marshall County, National Aeronautics and meeting: Full name; gender; date/place West Virginia. Space Administration (NASA). of birth; citizenship; visa information Regulation Affected: 30 CFR 75.1700 ACTION: Notice of meeting. (number, type, expiration date); (Oil and gas wells). passport information (number, country, SUMMARY: • In accordance with the expiration date); employer/affiliation Docket Number: M–2014–021–C. Federal Advisory Committee Act, Public FR Notice: 79 FR 38571 (7/8/2014). information (name of institution, Law 92–463, as amended, the National address, country, telephone); title/ Petitioner: Consolidation Coal Aeronautics and Space Administration position of attendee; and home address Company, RD 1 Box 62A, Dallas, West announces a meeting of the NASA to Mr. Finley via email at Virginia 26036. International Space Station (ISS) [email protected] or by Mine: Shoemaker Mine, MSHA I.D. Advisory Committee. The purpose of No. 46–01436, located in Marshall the meeting is to review all aspects telephone at (202) 358–5684. U.S. County, West Virginia. related to the safety and operational Citizens and Permanent Residents Regulation Affected: 30 CFR 75.1700 readiness of the ISS, and to assess the (green card holders) are requested to (Oil and gas wells). possibilities for using the ISS for future submit their name and affiliation no less • Docket Number: M–2014–027–C. space exploration. than 3 working days prior to the FR Notice: 79 FR 59301 (10/1/2014). meeting to Mr. Patrick Finley. DATES: Tuesday, September 1, 2015, Petitioner: Oak Grove Resources, LLC, 2:00–3:00 p.m., Local Time. It is imperative that the meeting be 8360 Taylors Ferry Road, Hueytown, held on this date to accommodate the Alabama 35023. ADDRESSES: NASA Headquarters, scheduling priorities of the key Mine: Oak Grove Mine, MSHA I.D. Glennan Conference Room (1Q39), 300 participants. No. 01–00851, located in Jefferson E Street SW., Washington, DC 20546. County, Alabama. Note: 1Q39 is located on the first floor Patricia D. Rausch, of NASA Headquarters. Regulation Affected: 30 CFR Advisory Committee Management Officer, 75.364(b)(2) (Weekly examination). FOR FURTHER INFORMATION CONTACT: Mr. National Aeronautics and Space • Docket Number: M–2014–035–C. Patrick Finley, Office of International Administration. FR Notice: 79 FR 69135 (11/20/2014). and Interagency Relations, (202) 358– [FR Doc. 2015–19628 Filed 8–10–15; 8:45 am] 5684, NASA Headquarters, Washington, Petitioner: Sunrise Coal, LLC, 12661 BILLING CODE 7510–13–P Agricare Road, Oaktown, Indiana 47561. DC 20546–0001. Mine: Oaktown Fuels Mine No. 1, SUPPLEMENTARY INFORMATION: This MSHA I.D. No. 12–02394, located in meeting will be open to the public up Knox County, Indiana. to the seating capacity of the room. This Regulation Affected: 30 CFR 75.1101– meeting is also accessible via 1(b) (Deluge-type water spray systems). teleconference. To participate

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NATIONAL ARCHIVES AND RECORDS FOR FURTHER INFORMATION CONTACT: description of the temporary records. ADMINISTRATION Margaret Hawkins, Director, by mail at The records schedule itself contains a Records Management Services (ACNR); full description of the records at the file [NARA–2015–057] National Archives and Records unit level as well as their disposition. If Records Schedules; Availability and Administration; 8601 Adelphi Road; NARA staff has prepared an appraisal Request for Comments College Park, MD 20740–6001, by phone memorandum for the schedule, it also at 301–837–1799, or by email at includes information about the records. AGENCY: National Archives and Records [email protected]. You may request additional information Administration (NARA). SUPPLEMENTARY INFORMATION: Each year, about the disposition process at the ACTION: Notice of availability of Federal agencies create billions of addresses above. proposed records schedules; request for records on paper, film, magnetic tape, Schedules Pending comments. and other media. To control this accumulation, agency records managers 1. Department of the Army, Agency- SUMMARY: The National Archives and prepare schedules proposing retention wide (DAA–AU–2015–0035, 2 items, 2 Records Administration (NARA) periods for records and submit these temporary items). Master files of an publishes notice at least once monthly schedules for NARA’s approval. These electronic information system that of certain Federal agency requests for schedules provide for timely transfer contains drug testing records including records disposition authority (records into the National Archives of specimen tracking and tests results. 2. Department of the Army, Agency- schedules). Once approved by NARA, historically valuable records and wide (DAA–AU–2015–0036, 1 item, 1 records schedules provide agencies with authorize disposal of all other records temporary item). Master files of an mandatory instructions for what to do after the agency no longer needs them electronic information system that with records when agencies no longer to conduct its business. Some schedules contains records relating to work need them for current Government are comprehensive and cover all the performance reviews. business. The instructions authorize records of an agency or one of its major 3. Department of Defense, Army Air agencies to preserve records of subdivisions. Most schedules, however, Force Exchange Service (DAA–0334– continuing value in the National cover records of only one office or 2015–0001, 1 item, 1 temporary item). Archives of the United States and to program or a few series of records. Many Daily financial transaction logs created destroy, after a specified period, records of these update previously approved at point-of-sale sites in military lacking administrative, legal, research, schedules, and some include records exchanges. or other value. NARA publishes notice proposed as permanent. in the Federal Register for records 4. Department of Defense, Defense The schedules listed in this notice are Contract Audit Agency (DAA–0372– schedules in which agencies propose to media-neutral unless otherwise destroy records not previously 2015–0001, 1 item, 1 temporary item). specified. An item in a schedule is Master files of an electronic information authorized for disposal or to reduce the media-neutral when an agency may retention period of records already system used to manage professional apply the disposition instructions to training for auditors. authorized for disposal. NARA invites records regardless of the medium in public comments on such records 5. Department of Health and Human which it has created or maintains the Services, Indian Health Service (DAA– schedules, as required by 44 U.S.C. records. Items included in schedules 3303a(a). 0513–2015–0006, 1 item, 1 temporary submitted to NARA on or after item). Epidemiological outbreak DATES: NARA must receive requests for December 17, 2007, are media-neutral investigation records, including reports, copies in writing by September 10, unless the item is specifically limited to surveys, studies, results, internal 2015. Once NARA appraises the a specific medium. (See 36 CFR correspondence, and after action records, we will send you a copy of the 1225.12(e).) reports. schedule you requested. We usually No agencies may destroy Federal 6. Department of Health and Human prepare appraisal memoranda that records without the approval of the Services, Indian Health Service (DAA– contain additional information Archivist of the United States. The 0513–2015–0007, 2 items, 2 temporary concerning the records covered by a Archivist grants this approval only after items). Facility construction project proposed schedule. You may also thorough consideration of the records’ files, to include internal request these. If you do, we will also administrative use by the agency of correspondence, estimates, agreements, provide them once we have completed origin, the rights of the Government and summaries, and reports. the appraisal. You have 30 days after we of private people directly affected by the 7. Department of Homeland Security, send you these requested documents in Government’s activities, and whether or United States Citizenship and which to submit comments. not the records have historical or other Immigration Services (DAA–0566– ADDRESSES: You may request a copy of value. 2015–0002, 2 items, 2 temporary items). any records schedule identified in this In addition to identifying the Federal Copies of intake forms from notice by contacting Records agencies and any subdivisions organizations providing resettlement Management Services (ACNR) using one requesting disposition authority, this services for eligible Cuban and Haitian of the following means: notice states that the schedule has refugees, and related statistical reports. Mail: NARA (ACNR); 8601 Adelphi agency-wide applicability (in the case of 8. Department of the Interior, Agency- Road; College Park, MD 20740–6001 schedules that cover records that may be wide (DAA–0048–2015–0002, 1 item, 1 Email: [email protected]. accumulated throughout an agency) or temporary item). Routine surveillance FAX: 301–837–3698. lists the organizational unit(s) recordings. You must cite the control number, accumulating the records, provides the 9. Department of Justice, Federal which appears in parentheses after the control number assigned to each Bureau of Investigation (DAA–0065– name of the agency that submitted the schedule, the total number of schedule 2015–0005, 1 item, 1 temporary item). schedule, and a mailing address. If you items, and the number of temporary Health and medical records for persons would like an appraisal report, please items (the records proposed for not employed by the Bureau, including include that in your request. destruction), and includes a brief non-hired applicants, contractors,

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visitors to Bureau facilities, family the proposed information collection to Number of Respondents: 13,000. members of Bureau employees, subjects Retirement Services, U.S. Office of Estimated Time per Respondent: 15 in custody, and members of the public. Personnel Management, 1900 E Street minutes. 10. Department of Justice, Bureau of NW., Washington, DC 20415–3500, Prisons (DAA–0129–2015–0002, 11 Attention: Alberta Butler, Room 2349, or Total Burden Hours: 3,250. items, 11 temporary items). Treatment sent by email to Alberta.Butler@ U.S. Office of Personnel Management. files of inmates in re-entry facilities, and opm.gov. Beth F. Cobert, treatment staff vendor contracts. FOR FURTHER INFORMATION CONTACT: A Acting Director. 11. Department of the Navy, United copy of this ICR, with applicable [FR Doc. 2015–19679 Filed 8–10–15; 8:45 am] States Marine Corps (DAA–0127–2013– supporting documentation, may be BILLING CODE 6325–38–P 0014, 2 items, 2 temporary items). obtained by contacting the Retirement Master files of an electronic information Services Publications Team, U.S. Office system used to manage the enlistment of Personnel Management, 1900 E Street process for individual Marines, NW., Room 3316–AC, Washington, DC SECURITIES AND EXCHANGE including records relating to non- 20415, Attention: Cyrus S. Benson or COMMISSION selected prospective personnel. sent by email to [email protected] 12. Department of the Treasury, or faxed to (202) 606–0910. United States Mint (DAA–0104–2013– SUPPLEMENTARY INFORMATION: The Office [Release No. 34–75613; File No. SR– 0002, 4 items, 4 temporary items). of Management and Budget is NASDAQ–2015–059] Master files and outputs of an electronic particularly interested in comments Self-Regulatory Organizations; The information system used to track that: criminal incidents that occur on agency 1. Evaluate whether the proposed NASDAQ Stock Market LLC; Order property. collection of information is necessary Approving a Proposed Rule Change, 13. Department of the Treasury, for the proper performance of functions as Modified by Amendment Nos. 1 and United States Mint (DAA–0104–2013– of OPM, including whether the 2 Thereto, To List and Trade Shares of 0003, 4 items, 4 temporary items). information will have practical utility; the Reaves Utilities ETF of ETFis Records collected in the investigation of 2. Evaluate the accuracy of OPM’s Series Trust I criminal activity committed by juvenile estimate of the burden of the proposed offenders on agency property. collection of information, including the August 5, 2015. validity of the methodology and Dated: August 3, 2015. I. Introduction Laurence Brewer, assumptions used; 3. Enhance the quality, utility, and Director, National Records Management On June 2, 2015, The NASDAQ Stock Program. clarity of the information to be Market LLC (‘‘Exchange’’) filed with the collected; and [FR Doc. 2015–19636 Filed 8–10–15; 8:45 am] Securities and Exchange Commission 4. Minimize the burden of the BILLING CODE 7515–01–P collection of information on those who (‘‘Commission’’), pursuant to Section are to respond, including through the 19(b)(1) of the Securities Exchange Act 1 use of appropriate automated, of 1934 (‘‘Act’’) and Rule 19b–4 OFFICE OF PERSONNEL electronic, mechanical, or other thereunder,2 a proposed rule change to MANAGEMENT technological collection techniques or list and trade shares (‘‘Shares’’) of the other forms of information technology, Reaves Utilities ETF (‘‘Fund’’) of ETFis Submission for Review: Annuity e.g., permitting electronic submissions Series Trust I (‘‘Trust’’) under Nasdaq Supplement Earnings Report, RI 92–22, of responses. Rule 5735. On June 12, 2015, the 3206–0194 RI 92–22, Annuity Supplement Exchange filed Amendment No. 1 to the AGENCY: Office of Personnel Earnings Report, is used each year to proposed rule change. The Commission Management. obtain the earned income of Federal published notice of the proposed rule Employees Retirement System (FERS) ACTION: 60-Day Notice and request for change, as modified by Amendment No. comments. annuitants receiving an annuity 1, in the Federal Register on June 22, supplement. The annuity supplement is 2015.3 On June 17, 2015, the Exchange SUMMARY: The Retirement Services, paid to eligible FERS annuitants who filed Amendment No. 2 to the proposed Office of Personnel Management (OPM) are not retired on disability and are not rule change.4 The Commission received offers the general public and other yet age 62. The supplement no comments on the proposal, as Federal agencies the opportunity to approximates the portion of a full career modified by Amendment No. 1. This comment on an existing information Social Security benefit earned while order approves the proposed rule collection request collection request under FERS and ends at age 62. Like change, as modified by Amendment Social Security benefits, the annuity (ICR) 3206–0194, Annuity Supplement Nos. 1 and 2. Earnings Report. As required by the supplement is subject to an earnings Paperwork Reduction Act of 1995 (Pub. limitation. 1 15 U.S.C. 78s(b)(1). L. 104–13, 44 U.S.C. chapter 35) as Analysis 2 17 CFR 240.19b–4. amended by the Clinger-Cohen Act 3 See Securities Exchange Act Release No. 75178 (Pub. L. 104–106), OPM is soliciting Agency: Retirement Operations, (June 16, 2015), 80 FR 35682 (‘‘Notice’’). comments for this collection. Retirement Services, Office of Personnel 4 In Amendment No. 2, the Exchange clarified the Management. term ‘‘cash equivalents’’ in the Other Investments DATES: Comments are encouraged and Title: Annuity Supplement Earnings section means only money market instruments, will be accepted until October 13, 2015. Report. short duration repurchase agreements, and short This process is conducted in accordance OMB Number: 3206–0194. duration commercial paper. Amendment No. 2 is with 5 CFR 1320.1. not subject to notice and comment because it is a Frequency: On occasion. technical amendment that does not materially alter ADDRESSES: Interested persons are Affected Public: Individuals or the substance of the proposed rule change or raise invited to submit written comments on Households. any novel regulatory issues.

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II. The Exchange’s Description of the companies in the Utility Sector (‘‘Utility and last-sale information for the Shares Proposal 5 Sector Companies’’). The Fund and any underlying exchange-traded considers a company to be a ‘‘Utility products other than options will be General Sector Company’’ if the company is a available via Nasdaq proprietary quote The Fund will be an actively-managed utility or if at least 50% of the and trade services, as well as in exchange-traded fund (‘‘ETF’’). The company’s assets or customers are accordance with the Unlisted Trading Shares will be offered by the Trust, committed to (or at least 50% of the Privileges and the Consolidated Tape which was established as a Delaware company’s revenues, gross income or Association plans for the Shares. statutory trust on September 20, 2012. profits are derived from) the provision Quotation and last-sale information for The Trust is registered with the of products, services, or equipment for options is available via the Options Commission as an investment company the generation or distribution of Price Reporting Authority (‘‘OPRA’’). In and has filed a registration statement on electricity, gas, or water. addition, the Intraday Indicative Form N–1A (‘‘Registration Statement’’) Value,14 as defined in Nasdaq Rule Other Investments with the Commission.6 The Fund will 5735(c)(3), available on the NASDAQ be a series of the Trust. Etfis Capital LLC To seek its investment objective, the OMX Information LLC proprietary index will be the investment adviser Fund may hold cash and invest in U.S. data service, will be widely (‘‘Adviser’’) to the Fund, and W.H. exchange-traded options overlying disseminated by one or more major Reaves & Co., Inc. (d/b/a Reaves Asset securities and securities indexes and the market data vendors at least every 15 Management) will be the investment following cash equivalents: money seconds during the Regular Market sub-adviser (‘‘Sub-Adviser’’) to the market instruments; short-duration, Session.15 On each business day, before Fund.7 ETF Distributors LLC will be the high-quality repurchase agreements; 8 commencement of trading in Shares in principal underwriter and distributor of and short duration commercial paper.9 the Regular Market Session 16 on the the Fund’s Shares. The Bank of New The Fund also may make short sales. Exchange, the Fund will disclose on its York Mellon (‘‘BNY Mellon’’) will act as III. Discussion and Commission’s Web site the identities and quantities of the administrator, accounting agent, Findings the portfolio of securities and other custodian, and transfer agent to the assets (the ‘‘Disclosed Portfolio’’ as Fund. After careful review, the Commission defined in Nasdaq Rule 5735(c)(2)) held finds that the proposed rule change is by the Fund that will form the basis for Principal Investments consistent with the requirements of the Fund’s calculation of NAV at the The Fund’s investment objective will Section 6 of the Act 10 and the rules and end of the business day.17 BNY Mellon, be to seek to provide total return regulations thereunder applicable to a through the National Securities Clearing through a combination of capital national securities exchange.11 In Corporation, will make available on appreciation and income. Under normal particular, the Commission finds that each business day, prior to the opening market conditions, the Fund will invest the proposal is consistent with Section of business of the Exchange (currently not less than 80% of its total assets in 6(b)(5) of the Act,12 which requires, 9:30 a.m., E.T.), the list of the names exchange-listed equity securities of among other things, that the Exchange’s and the quantity of each Deposit rules be designed to promote just and 5 The Commission notes that additional equitable principles of trade, to remove 14 The Intraday Indicative Value will be information regarding the Trust, the Fund, and the impediments to and perfect the calculated using estimated intraday values of the Shares, including investment strategies, risks, net mechanism of a free and open market components of the Fund’s Disclosed Portfolio. For asset value (‘‘NAV’’) calculation, creation and the definition of ‘‘Disclosed Portfolio’’, see infra redemption procedures, fees, Fund holdings and a national market system, and, in note 17 and accompanying text. disclosure policies, distributions, and taxes, among general, to protect investors and the 15 Currently, the NASDAQ OMX Global Index other information, is included in the Notice and the public interest. The Commission notes Data Service (‘‘GIDS’’) is the NASDAQ OMX global Registration Statement, as applicable. Terms not that the Fund and the Shares must index data feed service. The Exchange represents defined herein are defined in the Notice. See Notice that GIDS offers real-time updates, daily summary and Registration Statement, supra note 3 and infra comply with the initial and continued messages, and access to widely followed indexes note 6, respectively. listing criteria in Nasdaq Rule 5735 for and Intraday Indicative Values for ETFs and that 6 See Registration Statement on Form N–1A for the Shares to be listed and traded on the GIDS provides investment professionals with the the Trust filed on January 30, 2015 (File Nos. 333– Exchange. daily information needed to track or trade NASDAQ 187668 and 811–22819) (‘‘Registration Statement’’). The Commission finds that the OMX indexes, listed ETFs, or third-party partner 7 indexes and ETFs. The Adviser is not registered as a broker-dealer; proposal to list and trade the Shares on however the Adviser is affiliated with a broker- 16 See Nasdaq Rule 4120(b)(4) (describing the dealer. The Sub-Adviser is registered as a broker- the Exchange is consistent with Section three trading sessions on the Exchange: (1) Pre- dealer. The Adviser has implemented a fire wall 11A(a)(1)(C)(iii) of the Act,13 which sets Market Session from 4 a.m. to 9:30 a.m., E.T.; (2) with respect to its broker-dealer affiliate, and the forth Congress’ finding that it is in the Regular Market Session from 9:30 a.m. to 4:00 p.m. Sub-Adviser has also implemented a firewall, public interest and appropriate for the or 4:15 p.m., E.T.; and (3) Post-Market Session from regarding access to information concerning the 4:00 p.m. or 4:15 p.m. to 8:00 p.m., E.T.). composition and/or changes to the portfolio. In protection of investors and the 17 The Fund’s disclosure of derivative positions in addition, personnel of both the Adviser and the maintenance of fair and orderly markets the Disclosed Portfolio will include information Sub-Adviser who make decisions on the Fund’s to assure the availability to brokers, that market participants can use to value these portfolio composition will be subject to procedures dealers, and investors of information positions intraday. On a daily basis, the Fund will designed to prevent the use and dissemination of disclose on the Fund’s Web site the following material non-public information regarding the with respect to quotations for, and information regarding each portfolio holding, as Fund’s portfolio. In the event (a) the Adviser transactions in, securities. Quotation applicable to the type of holding: Ticker symbol, registers as a broker-dealer, or (b) any new adviser CUSIP number or other identifier, if any; a or sub-adviser is a registered broker-dealer or 8 See id. at 35682, n.3. description of the holding (including the type of becomes affiliated with a broker-dealer, it will holding); the identity of the security or other asset 9 See Amendment No. 2, supra note 4. implement a fire wall with respect to its relevant or instrument underlying the holding, if any; for 10 personnel and/or such broker-dealer affiliate, if 15 U.S.C. 78f. options, the option strike price; quantity held (as applicable, regarding access to information 11 In approving this proposed rule change, the measured by, for example, par value, notional value concerning the composition and/or changes to the Commission has considered the proposed rule’s or number of shares, contracts or units); maturity portfolio and will be subject to procedures designed impact on efficiency, competition, and capital date, if any; coupon rate, if any; effective date, if to prevent the use and dissemination of material formation. See 15 U.S.C. 78c(f). any; market value of the holding; and the non-public information regarding such portfolio. 12 15 U.S.C. 78f(b)(5). percentage weighting of the holding in the Fund’s See Notice, supra note 3, 80 FR at 35683. 13 15 U.S.C. 78k–1(a)(1)(C)(iii). portfolio.

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Security to be included in the current will be subject to Nasdaq Rule characteristics and risks associated with Fund Deposit (based on information at 5735(d)(2)(D), which sets forth trading the Shares. the end of the previous business day). circumstances under which trading in The Exchange represents that the The NAV of the Fund will be the Shares may be halted. The Exchange Shares are deemed to be equity determined as of the close of trading states that it has a general policy securities, thus rendering trading in the (normally 4:00 p.m., E.T.) on each day prohibiting the distribution of material, Shares subject to the Exchange’s the New York Stock Exchange is open non-public information by its existing rules governing the trading of for business.18 Information regarding employees. Further, the Commission equity securities. In support of this market price and trading volume of the notes that the Reporting Authority 20 proposal, the Exchange has made Shares will be continually available on that provides the Disclosed Portfolio representations, including the a real-time basis throughout the day on following: must implement and maintain, or be (1) The Shares will be subject to Rule brokers’ computer screens and other subject to, procedures designed to electronic services. Information 5735, which sets forth the initial and prevent the use and dissemination of regarding the previous day’s closing continued listing criteria applicable to material, non-public information price and trading volume information Managed Fund Shares. regarding the actual components of the (2) The Exchange has appropriate for the Shares will be published daily in 21 the financial section of newspapers. portfolio. In addition, the Exchange rules to facilitate transactions in the Price information regarding the equity states that the Adviser is not registered Shares during all trading sessions. securities, options, money market as a broker-dealer; however the Adviser (3) FINRA, on behalf of the Exchange, instruments and money market funds is affiliated with a broker-dealer, and will communicate as needed regarding held by the Fund will be available the Sub-Adviser is registered as a trading in the Shares and other through the U.S. exchanges trading such broker-dealer. The Adviser has exchange-traded securities and assets, in the case of exchange-traded implemented a fire wall with respect to instruments held by the Fund with securities, as well as automated its broker-dealer affiliate, and the Sub- other markets and other entities that are quotation systems, published or other Adviser has also implemented a firewall members of the Intermarket public sources, or on-line information regarding access to information Surveillance Group (‘‘ISG’’),24 and services such as Bloomberg or Reuters. concerning the composition and/or FINRA may obtain trading information Intra-day price information for all assets changes to the portfolio, and personnel regarding trading in the Shares and held by the Fund will also be available who make decisions on the Fund’s other exchange-traded securities and through subscription services, such as portfolio composition will be subject to instruments held by the Fund from such Bloomberg, Markit and Thomson procedures designed to prevent the use markets and other entities. In addition, the Exchange may obtain information Reuters, which can be accessed by and dissemination of material non- regarding trading in the Shares and Authorized Participants and other public information regarding the Fund’s other exchange-traded securities and investors. The Fund’s Web site will portfolio.22 The Exchange represents include a form of the prospectus for the instruments held by the Fund from that trading in the Shares will be subject markets and other entities that are Fund and additional data relating to to the existing trading surveillances, NAV and other applicable quantitative members of ISG, or with which the administered by both Nasdaq and also Exchange has in place a comprehensive information. FINRA on behalf of the Exchange, The Commission further believes that surveillance sharing agreement. which are designed to detect violations the proposal to list and trade the Shares (4) Prior to the commencement of of Exchange rules and applicable federal trading, the Exchange will inform its is reasonably designed to promote fair 23 disclosure of information that may be securities laws. The Exchange further members in an Information Circular of necessary to price the Shares represents that these procedures are the special characteristics and risks appropriately and to prevent trading adequate to properly monitor Exchange associated with trading the Shares. when a reasonable degree of trading of the Shares in all trading Specifically, the Information Circular transparency cannot be assured. The sessions and to deter and detect will discuss the following: (a) The Exchange will obtain a representation violations of Exchange rules and procedures for purchases and from the issuer of the Shares that the applicable federal securities laws. redemptions of Shares in creation units NAV per Share will be calculated daily Moreover, prior to the commencement (and that Shares are not individually and that the NAV and the Disclosed of trading, the Exchange states that it redeemable); (b) Nasdaq Rule 2111A, Portfolio will be made available to all will inform its members in an which imposes suitability obligations on market participants at the same time. Information Circular of the special Nasdaq members with respect to Trading in the Shares will be halted recommending transactions in the under the conditions specified in or the other assets constituting the Disclosed Shares to customers; (c) how Nasdaq Rules 4120 and 4121, including Portfolio of the Fund; or (2) whether other unusual information regarding the Intraday conditions or circumstances detrimental to the Indicative Value is disseminated; (d) the the trading pause provisions under maintenance of a fair and orderly market are Nasdaq Rules 4120(a)(11) and (12). present. With respect to trading halts, the Exchange risks involved in trading the Shares Trading in the Shares may be halted may consider all relevant factors in exercising its during the Pre-Market and Post-Market because of market conditions or for discretion to halt or suspend trading in the Shares. Sessions when an updated Intraday reasons that, in the view of the 20 Nasdaq Rule 5730(c)(4) defines ‘‘Reporting Indicative Value will not be calculated Authority.’’ or publicly disseminated; (e) the Exchange, make trading in the Shares 21 See Nasdaq Rule 5735(d)(2)(B)(ii). 19 requirement that members deliver a inadvisable, and trading in the Shares 22 See supra note 7. The Exchange states that an investment adviser to an open-end fund is required prospectus to investors purchasing 18 NAV will be calculated for the Fund by taking to be registered under the Investment Advisers Act the market price of the Fund’s total assets, of 1940. 24 For a list of the current members of ISG, see including interest or dividends accrued but not yet 23 The Exchange states that FINRA surveils www.isgportal.org. The Exchange notes that not all collected, less all liabilities, and dividing this trading on the Exchange pursuant to a regulatory components of the Disclosed Portfolio may trade on amount by the total number of Shares outstanding. services agreement and that the Exchange is markets that are members of ISG or with which the 19 These reasons may include: (1) The extent to responsible for FINRA’s performance under this Exchange has in place a comprehensive which trading is not occurring in the securities and/ regulatory services agreement. surveillance sharing agreement.

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newly issued Shares prior to or 6(b)(5) of the Act 26 and the rules and Commission’s goal of addressing concurrently with the confirmation of a regulations thereunder applicable to a potentially abusive ‘‘naked’’ short transaction; and (f) trading information. national securities exchange. selling in all equity securities. The information collected under Rule (5) For initial and continued listing, IV. Conclusion the Fund must be in compliance with 204 will continue to be retained and/or Rule 10A–3 under the Act.25 It is therefore ordered, pursuant to provided to other entities pursuant to (6) The Fund’s net assets that are Section 19(b)(2) of the Act,27 that the the specific rule provisions and will be invested in exchange-traded equities, proposed rule change (SR–NASDAQ– available to the Commission and self- including ETPs and common stock, will 2015–059), as modified by Amendment regulatory organization (‘‘SRO’’) be invested in instruments that trade in Nos. 1 and 2, be, and it hereby is, examiners upon request. The markets that are members of ISG or are approved. information collected will continue to parties to a comprehensive surveillance For the Commission, by the Division of aid the Commission and SROs in sharing agreement with the Exchange. Trading and Markets, pursuant to delegated monitoring compliance with these (7) The Fund may hold up to an authority.28 requirements. In addition, the aggregate amount of 15% of its net Robert W. Errett, information collected will aid those assets in illiquid securities and other Deputy Secretary. subject to Rule 204 in complying with illiquid assets (calculated at the time of [FR Doc. 2015–19646 Filed 8–10–15; 8:45 am] its requirements. These collections of investment). The Fund will monitor its BILLING CODE 8011–01–P information are mandatory. portfolio liquidity on an ongoing basis Several provisions under Rule 204 to determine whether, in light of current will impose a ‘‘collection of circumstances, an adequate level of SECURITIES AND EXCHANGE information’’ within the meaning of the liquidity is being maintained, and will COMMISSION Paperwork Reduction Act. consider taking appropriate steps in I. Allocation Notification order to maintain adequate liquidity if, Submission for OMB Review; Requirement: As of December 31, 2014, through a change in values, net assets, Comment Request there were 4,184 registered broker- or other circumstances, more than 15% dealers. Each of these broker-dealers Upon Written Request, Copies Available could clear trades through a participant of the Fund’s net assets are held in From: Securities and Exchange illiquid securities or other illiquid of a registered clearing agency and, Commission, Office of FOIA Services, therefore, become subject to the assets. 100 F Street NE., Washington, DC notification requirements of Rule (8) Under normal market conditions, 20549–2736. 204(d). If a broker-dealer has been the Fund will invest not less than 80% Extension: of its total assets in exchange-listed allocated a portion of a fail to deliver Rule 204; SEC File No. 270–586, OMB position in an equity security and after equity securities of companies in the Control No. 3235–0647. utility sector. the beginning of regular trading hours Notice is hereby given that pursuant (9) Under normal market conditions, on the applicable close-out date, the to the Paperwork Reduction Act of 1995 no more than 20% of the value of the broker-dealer has to determine whether (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the Fund’s net assets will be invested in any or not that portion of the fail to deliver Securities and Exchange Commission combination of cash and cash position was not closed out in (‘‘Commission’’) has submitted to the equivalents, which include only money accordance with Rule 204(a). We Office of Management and Budget market instruments, short duration estimate that a broker-dealer will have (‘‘OMB’’) a request for approval of repurchase agreements, and short to make such determination with extension of the previously approved duration commercial paper, and U.S. respect to approximately 2.44 equity collection of information provided for in 1 exchange-traded options on securities securities per day. We estimate a total Rule 204 (17 CFR 242.204), under the and securities indexes. of 2,572,657 notifications in accordance Securities Exchange Act of 1934 (15 (10) The Fund’s investments will be with Rule 204(d) across all broker- U.S.C. 78a et seq.). dealers (that were allocated consistent with its investment objective. Rule 204 requires that, subject to The Fund does not presently intend to responsibility to close out a fail to certain limited exceptions, if a deliver position) per year (4,184 broker- engage in any form of borrowing for participant of a registered clearing investment purposes, except in the case dealers notifying participants once per agency has a fail to deliver position at day 2 on 2.44 securities, multiplied by of short sales and will not be operated a registered clearing agency it must as a ‘‘leveraged ETF,’’ i.e., it will not be 252 trading days in a year). The total immediately close out the fail to deliver estimated annual burden hours per year operated in a manner designed to seek position by purchasing or borrowing a multiple of the performance of an will be approximately 411,625 burden securities by no later than the beginning hours (2,572,657 multiplied by 0.16 underlying reference index. of regular trading hours on the (11) A minimum of 100,000 Shares hours/notification). settlement day following the day the II. Demonstration Requirement for will be outstanding at the participant incurred the fail to deliver Fails to Deliver on Long Sales: As of commencement of trading on the position. Rule 204 is intended to help Exchange. further the Commission’s goal of 1 The Commission’s Division of Economic and This approval order is based on all of reducing fails to deliver by maintaining Risk Analysis (‘‘DERA’’) estimates that there are the Exchange’s representations, the reductions in fails to deliver approximately 10,208 fail to deliver positions per settlement day as of January 2015. Across 4,184 including those set forth above and in achieved by the adoption of temporary the Notice, and the Exchange’s broker-dealers, the number of securities per broker- Rule 204T, as well as other actions dealer per day is approximately 2.44 equity description of the Fund. taken by the Commission. In addition, securities. For the foregoing reasons, the Rule 204 is intended to help further the 2 Because failure to comply with the close-out Commission finds that the proposed requirements of Rule 204(a) is a violation of the rule change is consistent with Section rule, we believe that a broker-dealer would make 26 15 U.S.C. 78f(b)(5). the notification to a participant that it is subject to 27 15 U.S.C. 78s(b)(2). the borrowing requirements of Rule 204(b) at most 25 See 17 CFR 240.10A–3. 28 17 CFR 200.30–3(a)(12). once per day.

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December 31, 2014, there were 175 per day.6 We estimate a total of dealer is claiming credit, 2,572,657 participants of NSCC, the primary 2,557,800 notifications in accordance times per year (4,184 broker-dealers registered clearing agency responsible with Rule 204(c) across all participants checking for compliance once per day for clearing U.S. transactions that were per year (175 participants notifying on 2.44 securities, multiplied by 252 registered as broker-dealers.3 If a broker-dealers once per day on 58 trading days in a year). The total participant of a registered clearing securities, multiplied by 252 trading approximate estimated annual burden agency has a fail to deliver position in days in a year). The total estimated hour per year will be approximately an equity security at a registered annual burden hours per year will be 411,625 burden hours (2,572,657 clearing agency and determines that approximately 409,248 burden hours multiplied by 0.16 hours/ such fail to deliver position resulted (2,557,800 @0.16 hours/documentation). demonstration). IV. Certification Requirement: If the from a long sale, we estimate that a The total aggregate annual burden for broker-dealer determines that it has not participant of a registered clearing the collection of information undertaken incurred a fail to deliver position on agency will have to make such pursuant to all five provisions is thus settlement date in an equity security for determination with respect to 1,912,251 hours per year (411,625 + which the participant has a fail to approximately 38 securities per day.4 268,128 + 409,248 + 411,625 + 411,625). deliver position at a registered clearing We estimate a total of 1,675,800 An agency may not conduct or sponsor, agency or has purchased securities in demonstrations in accordance with Rule and a person is not required to respond accordance with the conditions 204(a)(1) across all participants per year specified in Rule 204(e), we estimate to, a collection of information under the (175 participants checking for that a broker-dealer will have to make PRA unless it displays a currently valid compliance once per day on 38 such determinations with respect to OMB control number. securities, multiplied by 252 trading approximately 2.44 securities per day. The public may review background days in a year). The total approximate As of December 31, 2014, there were documentation for this information estimated annual burden hour per year 4,184 registered broker-dealers. Each of collection at the following Web site: will be approximately 268,128 burden these broker-dealers may clear trades www.reginfo.gov. Comments should be hours (1,675,800 multiplied by 0.16 through a participant of a registered directed to: (i) Desk Officer for the hours/documentation). clearing agency. We estimate that on Securities and Exchange Commission, III. Pre-Borrow Notification average, a broker-dealer will have to Office of Information and Regulatory Requirement: As of December 31, 2014, certify to the participant that it has not Affairs, Office of Management and there were 175 participants of NSCC, incurred a fail to deliver position on Budget, Room 10102, New Executive the primary registered clearing agency settlement date in an equity security for Office Building, Washington, DC 20503, responsible for clearing U.S. which the participant has a fail to or by sending an email to: Shagufta_ transactions that were registered as deliver position at a registered clearing [email protected]; and (ii) Pamela broker-dealers.5 If a participant of a agency or, alternatively, that it is in Dyson, Director/Chief Information registered clearing agency has a fail to compliance with the requirements set Officer, Securities and Exchange deliver position in an equity security forth in Rule 204(e), 2,572,657 times per Commission, c/o Remi Pavlik-Simon, and after the beginning of regular year (4,184 broker-dealers certifying 100 F Street NE., Washington DC 20549, trading hours on the applicable close- once per day on 2.44 securities, or by sending an email to: PRA_ out date, the participant has to multiplied by 252 trading days in a [email protected]. Comments must be determine whether or not the fail to year). The total approximate estimated submitted to OMB within 30 days of deliver position was closed out in annual burden hour per year will be this notice. accordance with Rule 204(a). We approximately 411,625 burden hours Dated: August 5, 2015. (2,572,657 multiplied by 0.16 hours/ estimate that a participant of a Robert W. Errett, registered clearing agency will have to certification). V. Pre-Fail Credit Demonstration Deputy Secretary. make such determination with respect Requirement: If a broker-dealer [FR Doc. 2015–19649 Filed 8–10–15; 8:45 am] to approximately 58 equity securities purchases or borrows securities in BILLING CODE 8011–01–P accordance with the conditions 3 Those participants not registered as broker- specified in Rule 204(e) and determines dealers include such entities as banks, U.S.- SECURITIES AND EXCHANGE registered exchanges, and clearing agencies. that it has a net long position or net flat Although these entities are participants of a position on the settlement day on which COMMISSION registered clearing agency, generally these entities the broker-dealer purchases or borrows do not engage in the types of activities that will securities we estimate that a broker- [Release No. 34–75614; File No. SR– implicate the close-out requirements of the rule. Such activities of these entities include creating and dealer will have to make such NYSEMKT–2015–62] redeeming Exchange Traded Funds, trading in determination with respect to municipal securities, and using NSCC’s Envelope approximately 2.44 securities per day.7 Self-Regulatory Organizations; NYSE Settlement Service or Inter-city Envelope As of December 31, 2014, there were MKT LLC; Notice of Filing and Settlement Service. These activities rarely lead to Immediate Effectiveness of Proposed fails to deliver and, if fails to deliver do occur, they 4,184 registered broker-dealers. We are small in number and are usually closed out estimate that on average, a broker-dealer Rule Change Amending the NYSE within a day. will have to demonstrate in its books Amex Options Fee Schedule To Modify 4 DERA estimates approximately 65.1% of trades and records that it has a net long the Securities That Are Subject to the are long sales as of March 2014 and applies this position or net flat position on the NYSE Amex Options Market Maker percentage to the number of fail to deliver positions Premium Product Fees per day. DERA estimates that there are settlement day for which the broker- approximately 10,208 fail to deliver positions per August 5, 2015. settlement day. Across 175 broker-dealer 6 DERA estimates that there are approximately participants of the NSCC, the number of securities 10,208 fail to deliver positions per day. Across 175 Pursuant to Section 19(b)(1) 1 of the per participant per day is approximately 58 equity broker-dealer participants of the NSCC, the number Securities Exchange Act of 1934 (the securities. 65.1% of 58 securities per day is of securities per participant per day is approximately 38 securities per day. approximately 58 equity securities. 5 See supra note 3. 7 See supra note 1. 1 15 U.S.C. 78s(b)(1).

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‘‘Act’’) 2 and Rule 19b–4 thereunder,3 trading on the Exchange.4 Section III.D. the Exchange and in the marketplace.9 notice is hereby given that, on August of the Fee Schedule sets forth the list of As the Exchange noted in 2012 in the 4, 2015, NYSE MKT LLC (the 10 Premium Products—SPY, AAPL, Premium Products Filing, because the ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with IWM, QQQ, BAC, EEM, GLD, JPM, XLF, Exchange does not limit the number of the Securities and Exchange and VXX. Subject to exceptions, NYSE participants who may act as market Commission (the ‘‘Commission’’) the Amex Options Marker Makers that makers, either electronically or in proposed rule change as described in transact in these issues are subject to a public outcry, the Exchange has more Items I, II, and III below, which Items fee of $1,000 per product traded with a than sufficient liquidity in the most have been prepared by the self- monthly cap of $7,000.5 active options on the Exchange. The regulatory organization. The The Exchange proposes to amend the proposed change simply updates the list Commission is publishing this notice to list of Premium Products to reflect the of Premium Products to include those solicit comments on the proposed rule most actively traded securities on the names most actively traded on the change from interested persons. Exchange today, which have changed Exchange. since the fees were introduced in 2012.6 For these reasons, the Exchange I. Self-Regulatory Organization’s Specifically, the Exchange proposes to believes that the proposal is consistent Statement of the Terms of Substance of remove GLD, JPM, and XLF from the list with the Act. the Proposed Rule Change of Premium Products and to replace B. Self-Regulatory Organization’s them with BABA, FB and USO. The The Exchange proposes to amend the Statement on Burden on Competition NYSE Amex Options Fee Schedule Exchange believes that the proposed (‘‘Fee Schedule’’) to modify the change would continue to encourage In accordance with Section 6(b)(8) of 10 securities that are subject to the NYSE meaningful Market Maker participation the Act, the Exchange does not believe Amex Options Market Maker Premium in the most active issues on the that the proposed rule change will Product Fees. The Exchange proposes to Exchange. In this regard, the Exchange impose any burden on competition that implement the fee change effective proposes to amend Section III.D. to the is not necessary or appropriate in August 4, 2015. The text of the proposed Fee Schedule to reflect the proposed furtherance of the purposes of the Act. rule change is available on the changes to the list of Premium Product. The Exchange notes that it operates in a highly competitive market in which Exchange’s Web site at www.nyse.com, 2. Statutory Basis at the principal office of the Exchange, market participants can readily favor and at the Commission’s Public The Exchange believes that the competing venues. In such an Reference Room. proposed rule change is consistent with environment, the Exchange must Section 6(b) of the Act,7 in general, and continually review, and consider II. Self-Regulatory Organization’s furthers the objectives of Sections adjusting, its fees and credits to remain Statement of the Purpose of, and 6(b)(4) and (5) of the Act,8 in particular, competitive with other exchanges. For Statutory Basis for, the Proposed Rule because it provides for the equitable the reasons described above, the Change allocation of reasonable dues, fees, and Exchange believes that the proposed other charges among its members, rule change reflects this competitive In its filing with the Commission, the issuers and other persons using its environment. self-regulatory organization included facilities and does not unfairly statements concerning the purpose of, discriminate between customers, C. Self-Regulatory Organization’s and basis for, the proposed rule change issuers, brokers or dealers. Statement on Comments on the and discussed any comments it received The Exchange believes that the Proposed Rule Change Received From on the proposed rule change. The text change to the list of Premium Products Members, Participants, or Others of those statements may be examined at is reasonable, equitable, and not No written comments were solicited the places specified in Item IV below. unfairly discriminatory because the or received with respect to the proposed The Exchange has prepared summaries, proposed change applies to all NYSE rule change. set forth in sections A, B, and C below, Amex Options Market Makers equally, III. Date of Effectiveness of the of the most significant parts of such except for those market makers who Proposed Rule Change and Timing for statements. qualify as NYSE Amex Floor Market Commission Action A. Self-Regulatory Organization’s Makers and achieve 75% or more of Statement of the Purpose of, and the their volumes in open or public outcry, The foregoing rule change is effective Statutory Basis for, the Proposed Rule which Marker Makers are exempt upon filing pursuant to Section Change because the Exchange believes that 19(b)(3)(A) 11 of the Act and public outcry markets serve an subparagraph (f)(2) of Rule 19b–4 12 1. Purpose important role in the price discovery thereunder, because it establishes a due, The purpose of this filing is to modify process that benefits all participants on fee, or other charge imposed by the the securities that are subject to the Exchange. NYSE Amex Options Market Maker 4 See Securities Exchange Act Release No. 67634 At any time within 60 days of the (August 9, 2012), 77 FR 49038 (August 15, 2012) Premium Product Fees. The Exchange filing of such proposed rule change, the (SR–NYSEMKT–2012–33) (‘‘Premium Product Commission summarily may proposes to implement the fee change Filing’’). effective August 4, 2015. 5 The Premium Product Fees do not apply to temporarily suspend such rule change if Market Makers that qualify as NYSE Amex Options it appears to the Commission that such In August, 2012, the Exchange Floor Market Makers as described in note 1 to action is necessary or appropriate in the introduced the Premium Product Fees, Section III.A of the Fee Schedule. See Fee Schedule, public interest, for the protection of which charges a monthly fee to any Section III.D. and III.A. investors, or otherwise in furtherance of NYSE Amex Options Market Maker 6 The Exchange represented in the Premium Product Filing that ‘‘any change to the list of transacting in the most active issues Premium Products would be done through a fee 9 See supra n. 5. filing.’’ See supra n. 4, 77 FR at 49038. 10 15 U.S.C. 78f(b)(8). 2 15 U.S.C. 78a. 7 15 U.S.C. 78f(b). 11 15 U.S.C. 78s(b)(3)(A). 3 17 CFR 240.19b–4. 8 15 U.S.C. 78f(b)(4) and (5). 12 17 CFR 240.19b–4(f)(2).

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the purposes of the Act. If the submitted on or before September 1, SECURITIES AND EXCHANGE Commission takes such action, the 2015. COMMISSION Commission shall institute proceedings For the Commission, by the Division of 13 under Section 19(b)(2)(B) of the Act to Trading and Markets, pursuant to delegated Proposed Collection; Comment determine whether the proposed rule authority.14 Request change should be approved or Robert W. Errett, Upon Written Request, Copies Available disapproved. Deputy Secretary. From: Securities and Exchange IV. Solicitation of Comments [FR Doc. 2015–19647 Filed 8–10–15; 8:45 am] Commission, Office of FOIA Services, Interested persons are invited to BILLING CODE 8011–01–P 100 F Street NE., Washington, DC submit written data, views, and 20549–2736. arguments concerning the foregoing, Extension: including whether the proposed rule SECURITIES AND EXCHANGE Rule 17Ad–13; SEC File No. 270–263; change is consistent with the Act. COMMISSION OMB Control No. 3235–0275. Comments may be submitted by any of Sunshine Act Meeting Notice is hereby given that pursuant the following methods: to the Paperwork Reduction Act of 1995 (‘‘PRA’’) (44 U.S.C. 3501 et seq.) the Electronic Comments Notice is hereby given, pursuant to Securities and Exchange Commission the provisions of the Government in the • Use the Commission’s Internet (‘‘Commission’’) is soliciting comments Sunshine Act, Public Law 94–409, that comment form (http://www.sec.gov/ on the collection of information the Securities and Exchange rules/sro.shtml); or provided for in Rule 17Ad–13 (17 CFR • Commission will hold a Closed Meeting Send an email to rule-comments@ 240.17Ad–13). The Commission plans on Thursday, August 13, 2015 at 2 p.m. sec.gov. Please include File Number SR– to submit this existing collection of NYSEMKT–2015–62 on the subject line. Commissioners, Counsel to the information to the Office of Paper Comments Commissioners, the Secretary to the Management and Budget (‘‘OMB’’) for Commission, and recording secretaries • extension and approval. Send paper comments in triplicate will attend the Closed Meeting. Certain Rule 17Ad–13 (17 CFR 240.17Ad–13) to Brent J. Fields, Secretary, Securities staff members who have an interest in requires an annual study and evaluation and Exchange Commission, 100 F Street the matters also may be present. of internal accounting controls under NE., Washington, DC 20549–1090. The General Counsel of the the Securities Exchange Act of 1934 (15 All submissions should refer to File Commission, or her designee, has U.S.C. 78a et seq.). It requires Number SR–NYSEMKT–2015–62. This certified that, in her opinion, one or approximately 100 registered transfer file number should be included on the more of the exemptions set forth in 5 agents to obtain an annual report on the subject line if email is used. To help the U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) adequacy of their internal accounting Commission process and review your and 17 CFR 200.402(a)(3), (a)(5), (a)(7), controls from an independent comments more efficiently, please use (a)(9)(ii) and (a)(10), permit accountant. In addition, transfer agents only one method. The Commission will consideration of the scheduled matter at must maintain copies of any reports post all comments on the Commission’s the Closed Meeting. prepared pursuant to Rule 17Ad–13 Internet Web site (http://www.sec.gov/ plus any documents prepared to notify Commissioner Piwowar, as duty rules/sro.shtml). Copies of the the Commission and appropriate officer, voted to consider the items submission, all subsequent regulatory agencies in the event that the listed for the Closed Meeting in closed amendments, all written statements transfer agent is required to take any session. with respect to the proposed rule corrective action. These recordkeeping change that are filed with the The subject matter of the Closed requirements assist the Commission and Commission, and all written Meeting will be: other regulatory agencies with communications relating to the Institution and settlement of monitoring transfer agents and ensuring proposed rule change between the injunctive actions; compliance with the rule. Small transfer Commission and any person, other than Institution and settlement of agents are exempt from Rule 17Ad–13 those that may be withheld from the administrative proceedings; as are transfer agents that service only public in accordance with the their own companies’ securities. Adjudicatory matters; and provisions of 5 U.S.C. 552, will be Approximately 100 independent, available for Web site viewing and Other matters relating to enforcement professional transfer agents must file the printing in the Commission’s Public proceedings. independent accountant’s report Reference Section, 100 F Street NE., At times, changes in Commission annually. We estimate that the annual Washington, DC 20549–1090. Copies of priorities require alterations in the internal time burden for each transfer the filing will also be available for scheduling of meeting items. agent to comply with Rule 17Ad–13 by inspection and copying at the NYSE’s For further information and to submitting the report prepared by the principal office and on its Internet Web ascertain what, if any, matters have been independent accountant to the site at www.nyse.com. All comments added, deleted or postponed, please Commission is minimal. The time received will be posted without change; contact the Office of the Secretary at required for the independent accountant the Commission does not edit personal (202) 551–5400. to prepare the accountant’s report varies identifying information from with each transfer agent depending on Dated: August 6, 2015. submissions. You should submit only the size and nature of the transfer information that you wish to make Brent J. Fields, agent’s operations. The Commission available publicly. All submissions Secretary. estimates that, on average, each report should refer to File Number SR– [FR Doc. 2015–19754 Filed 8–7–15; 11:15 am] can be completed by the independent NYSEMKT–2015–62 and should be BILLING CODE 8011–01–P accountant in 120 hours, resulting in a total of 12,000 external hours annually 13 15 U.S.C. 78s(b)(2)(B). 14 17 CFR 200.30–3(a)(12). (120 hours × 100 reports). The burden

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was estimated using Commission review Notice is hereby given that pursuant Office of Information and Regulatory of filed Rule 17Ad–13 reports and to the Paperwork Reduction Act of 1995 Affairs, Office of Management and Commission conversations with transfer (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the Budget, Room 10102, New Executive agents and accountants. The Securities and Exchange Commission Office Building, Washington, DC 20503, Commission estimates that, on average, (‘‘Commission’’) has submitted to the or by sending an email to: Shagufta_ 120 hours are needed to perform the Office of Management and Budget [email protected]; and (ii) Pamela study, prepare the report, and retain the (‘‘OMB’’) a request for approval of Dyson, Director/Chief Information required records on an annual basis. extension of the previously approved Officer, Securities and Exchange Assuming an average hourly rate of an collection of information provided for in Commission, c/o Remi Pavlik-Simon, independent accountant of $60, the Rule 17Ad–15 (17 CFR 240.17Ad–15) 100 F Street NE., Washington, DC average total annual cost of the report is under the Securities Exchange Act of 20549, or by sending an email to: PRA_ $7,200. The total annual cost for the 1934 (15 U.S.C. 78a et seq.). [email protected]. Comments must be approximate 100 respondents is Rule 17Ad–15 (17 CFR 240.17Ad-15) submitted to OMB within 30 days of approximately $720,000. under the Securities Exchange Act of this notice. 1934 (15 U.S.C. 78a et seq.) (the ‘‘Act’’) Written comments are invited on: (a) Dated: August 5, 2015. requires approximately 429 transfer Whether the proposed collection of agents to establish written standards for Robert W. Errett, information is necessary for the the acceptance or rejection of guarantees Deputy Secretary. performance of the functions of the of securities transfers from eligible [FR Doc. 2015–19644 Filed 8–10–15; 8:45 am] agency, including whether the guarantor institutions. Transfer agents BILLING CODE 8011–01–P information will have any practical are required to establish procedures to utility; (b) the accuracy of the agency’s ensure that those standards are used by estimate of the burden imposed by the the transfer agent to determine whether SECURITIES AND EXCHANGE collection of information; (c) ways to to accept or reject guarantees from COMMISSION enhance the quality, utility, and clarity eligible guarantor institutions. Transfer of the information collected; and (d) [Release No. 34–75609; File No. SR– agents must maintain, for a period of NYSEMKT–2015–59] ways to minimize the burden of the three years following the date of a collection of information on rejection of transfer, a record of all Self-Regulatory Organizations; NYSE respondents, including through the use transfers rejected, along with the reason MKT LLC; Notice of Filing and of automated collection techniques or for the rejection, identification of the Immediate Effectiveness of Proposed other forms of information technology. guarantor, and whether the guarantor Rule Change Amending the NYSE Consideration will be given to failed to meet the transfer agent’s Amex Options Fee Schedule To comments and suggestions submitted in guarantee standard. These Discontinue the Market Access and writing within 60 days of this recordkeeping requirements assist the Connectivity Subsidy publication. Commission and other regulatory An agency may not conduct or agencies with monitoring transfer agents August 5, 2015. sponsor, and a person is not required to and ensuring compliance with the rule. Pursuant to Section 19(b)(1) 1 of the respond to, a collection of information There are approximately 429 Securities Exchange Act of 1934 (the under the PRA unless it displays a registered transfer agents. The staff ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 currently valid OMB control number. estimates that each transfer agent will notice is hereby given that, on July 31, Please direct your written comments spend about 40 hours annually to 2015, NYSE MKT LLC (the ‘‘Exchange’’ to Pamela Dyson, Director/Chief comply with Rule 17Ad–15, or a total of or ‘‘NYSE MKT’’) filed with the 17,160 hours for all transfer agents (429 Securities and Exchange Commission Information Officer, Securities and × Exchange Commission, c/o Remi Pavlik- 40 hours = 17,160 hours). The (the ‘‘Commission’’) the proposed rule Simon, 100 F Street NE., Washington Commission staff estimates that change as described in Items I, II, and DC 20549, or send an email to: compliance staff work at each registered III below, which Items have been [email protected]. transfer agent will result in an internal prepared by the self-regulatory cost of compliance (at an estimated organization. The Commission is Dated: August 5, 2015. hourly wage of $283) of $11,320 per publishing this notice to solicit Robert W. Errett, year per transfer agent (40 hours x $283 comments on the proposed rule change Deputy Secretary. per hour = $ 11,320 per year). Therefore, from interested persons. [FR Doc. 2015–19648 Filed 8–10–15; 8:45 am] the aggregate annual internal cost of I. Self-Regulatory Organization’s BILLING CODE 8011–01–P compliance for the approximately 429 registered transfer agents is Statement of the Terms of Substance of approximately $4,856,280 ($11,320 × the Proposed Rule Change SECURITIES AND EXCHANGE 429 = $4,856,280). The Exchange proposes to amend the COMMISSION This rule does not involve the NYSE Amex Options Fee Schedule collection of confidential information. (‘‘Fee Schedule’’) to discontinue the Submission for OMB Review; An agency may not conduct or Market Access and Connectivity Comment Request sponsor, and a person is not required to (‘‘MAC’’) Subsidy. The Exchange respond to, a collection of information proposes to implement the fee change Upon Written Request, Copies Available under the PRA unless it displays a effective August 1, 2015. The text of the From: Securities and Exchange currently valid OMB control number. proposed rule change is available on the Commission, Office of FOIA Services, The public may view background Exchange’s Web site at www.nyse.com, 100 F Street NE., Washington, DC documentation for this information at the principal office of the Exchange, 20549–2736. collection at the following Web site: Extension: Rule 17Ad–15; www.reginfo.gov. Comments should be 1 15 U.S.C. 78s(b)(1). SEC File No. 270–360, OMB Control No. directed to: (i) Desk Officer for the 2 15 U.S.C. 78a. 3235–0409. Securities and Exchange Commission, 3 17 CFR 240.19b–4.

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and at the Commission’s Public 2. Statutory Basis 19(b)(3)(A) 8 of the Act and 9 Reference Room. The Exchange believes that the subparagraph (f)(2) of Rule 19b–4 proposed rule change is consistent with thereunder, because it establishes a due, II. Self-Regulatory Organization’s fee, or other charge imposed by the Statement of the Purpose of, and Section 6(b) of the Act,5 in general, and furthers the objectives of Sections Exchange. Statutory Basis for, the Proposed Rule At any time within 60 days of the 6(b)(4) and (5) of the Act,6 in particular, Change filing of such proposed rule change, the because it provides for the equitable Commission summarily may In its filing with the Commission, the allocation of reasonable dues, fees, and temporarily suspend such rule change if self-regulatory organization included other charges among its members, it appears to the Commission that such statements concerning the purpose of, issuers and other persons using its action is necessary or appropriate in the and basis for, the proposed rule change facilities and does not unfairly public interest, for the protection of and discussed any comments it received discriminate between customers, investors, or otherwise in furtherance of issuers, brokers or dealers. on the proposed rule change. The text the purposes of the Act. If the The Exchange believes the of those statements may be examined at Commission takes such action, the discontinuance of the MAC Subsidy is the places specified in Item IV below. Commission shall institute proceedings reasonable, equitable and not unfairly The Exchange has prepared summaries, under Section 19(b)(2)(B) 10 of the Act to discriminatory because it would result set forth in sections A, B, and C below, determine whether the proposed rule in all similarly situated ATP Holders of the most significant parts of such change should be approved or being treated in the same manner, statements. disapproved. regardless of volume delivered to the A. Self-Regulatory Organization’s Exchange. The Exchange further IV. Solicitation of Comments Statement of the Purpose of, and the believes the proposed rule change is Interested persons are invited to Statutory Basis for, the Proposed Rule reasonable because removing the MAC submit written data, views, and Change Subsidy from the Fee Schedule will arguments concerning the foregoing, 1. Purpose provide clarity and greater transparency including whether the proposed rule regarding the Exchange’s fees. change is consistent with the Act. The purpose of this filing is to For these reasons, the Exchange Comments may be submitted by any of discontinue the MAC Subsidy as believes that the proposal is consistent the following methods: described below. The Exchange with the Act. proposes to implement this fee change Electronic Comments B. Self-Regulatory Organization’s • effective August 1, 2015. Statement on Burden on Competition Use the Commission’s Internet The Exchange proposes to comment form (http://www.sec.gov/ In accordance with Section 6(b)(8) of discontinue fees for the MAC Subsidy, rules/sro.shtml); or the Act,7 the Exchange does not believe • Send an email to rule-comments@ which is paid to ATP Holders that that the proposed rule change will sec.gov. Please include File Number SR– provide access and connectivity to the impose any burden on competition that NYSEMKT–2015–59 on the subject line. Exchange to other ATP Holders and/or is not necessary or appropriate in utilize such access themselves. In furtherance of the purposes of the Act. Paper Comments February 2014, the Exchange The Exchange notes that it operates in • Send paper comments in triplicate implemented the MAC Subsidy for a highly competitive market in which to Secretary, Securities and Exchange those ATP Holders that provide access market participants can readily favor Commission, 100 F Street NE., and connectivity to the Exchange for the competing venues. In such an Washington, DC 20549–1090. purposes of electronic order routing environment, the Exchange must All submissions should refer to File either to other ATP Holders and/or continually review, and consider Number SR–NYSEMKT–2015–59. This utilize such access themselves.4 The adjusting, its fees and credits to remain file number should be included on the MAC Subsidy pays a certain rebate to competitive with other exchanges. For subject line if email is used. To help the qualifying ATP Holders based on certain the reasons described above, the Commission process and review your executed electronic volumes delivered Exchange believes that the proposed comments more efficiently, please use to the Exchange by the qualifying ATP rule change reflects this competitive only one method. The Commission will Holders’ connection(s) to the Exchange. environment. post all comments on the Commission’s The MAC Subsidy was designed to Internet Web site (http://www.sec.gov/ C. Self-Regulatory Organization’s attract higher volumes of electronic rules/sro.shtml). Copies of the Statement on Comments on the equity and Exchange-Traded Fund submission, all subsequent Proposed Rule Change Received From (‘‘ETF’’) volume to the Exchange from amendments, all written statements Members, Participants, or Others certain market participants. However, with respect to the proposed rule the Exchange does not believe that the No written comments were solicited change that are filed with the MAC Subsidy has achieved its intended or received with respect to the proposed Commission, and all written objective of attracting additional volume rule change. communications relating to the and, therefore, proposes to discontinue III. Date of Effectiveness of the proposed rule change between the it. Thus, the Exchange proposes to Proposed Rule Change and Timing for Commission and any person, other than delete the MAC Subsidy, and the Commission Action those that may be withheld from the description thereof, from Section I.H. of public in accordance with the the Fee Schedule and to hold that The foregoing rule change is effective provisions of 5 U.S.C. 552, will be section as Reserved. upon filing pursuant to Section available for Web site viewing and

4 See Securities Exchange Act Release No. 71532 5 15 U.S.C. 78f(b). 8 15 U.S.C. 78s(b)(3)(A). (February 12, 2014), 79 FR 9663 (February 19, 2014) 6 15 U.S.C. 78f(b)(4) and (5). 9 17 CFR 240.19b–4(f)(2). (SR–NYSEMKT–2014–12). 7 15 U.S.C. 78f(b)(8). 10 15 U.S.C. 78s(b)(2)(B).

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printing in the Commission’s Public services of governmental nature may file the dispute settlement proceedings, Reference Section, 100 F Street NE., disaster loan applications at the address comments should be submitted on or Washington, DC 20549–1090 on official listed above or other locally announced before September 9, 2015, to be assured business days between the hours of locations. of timely consideration by USTR. 10:00 a.m. and 3:00 p.m. Copies of the The following areas have been ADDRESSES: Public comments should be filing will also be available for determined to be adversely affected by submitted electronically to inspection and copying at the NYSE’s the disaster: www.regulations.gov, docket number principal office and on its Internet Web Primary Counties: Allamakee; USTR–2015–0005. If you are unable to site at www.nyse.com. All comments Appanoose; Butler; Clayton; Dallas; provide submissions by received will be posted without change; Davis; Des Moines; Guthrie; Howard; www.regulations.gov, please contact the Commission does not edit personal Jefferson; Lee; Lucas; Marion; Sandy McKinzy at (202) 395–9483 to identifying information from Mitchell; Monroe; Warren; Wayne; arrange for an alternative method of submissions. You should submit only Winneshiek; Wright. transmission. information that you wish to make The Interest Rates are: If (as explained below) the comment available publicly. All submissions contains confidential information, then should refer to File Number SR– For Physical Damage: the comment should be submitted by NYSEMKT–2015–59 and should be Non-Profit Organizations With fax only to Sandy McKinzy at (202) submitted on or before September 1, Credit Available Elsewhere ... 2.625 395–3640. 2015. Non-Profit Organizations With- out Credit Available Else- FOR FURTHER INFORMATION CONTACT: For the Commission, by the Division of where ...... 2.625 Micah Myers, Associate General Trading and Markets, pursuant to delegated For Economic Injury: Counsel, or Juli Schwartz, Assistant authority.11 Non-Profit Organizations With- General Counsel, Office of the United Robert W. Errett, out Credit Available Else- States Trade Representative, 600 17th Deputy Secretary. where ...... 2.625 Street NW., Washington, DC 20508, [FR Doc. 2015–19645 Filed 8–10–15; 8:45 am] (202) 395–3150. The number assigned to this disaster BILLING CODE 8011–01–P SUPPLEMENTARY INFORMATION: Section for physical damage is 14403B and for 127(b) of the Uruguay Round economic injury is 14404B Agreements Act (‘‘URAA’’) (19 U.S.C. SMALL BUSINESS ADMINISTRATION (Catalog of Federal Domestic Assistance 3537(b)(1)) requires that notice and Numbers 59002 and 59008) opportunity for comment be provided [Disaster Declaration #14403 and #14404] James E. Rivera, after the United States submits or Iowa Disaster #IA–00064 Associate Administrator for Disaster receives a request for the establishment Assistance. of a WTO dispute settlement panel. AGENCY: U.S. Small Business [FR Doc. 2015–19630 Filed 8–10–15; 8:45 am] Consistent with this obligation, USTR is Administration. BILLING CODE 8025–01–P providing notice that the establishment ACTION: Notice. of a dispute settlement panel has been requested pursuant to the DSU. The SUMMARY: This is a Notice of the OFFICE OF THE UNITED STATES panel will hold its meetings in Geneva, Presidential declaration of a major Switzerland. disaster for Public Assistance Only for TRADE REPRESENTATIVE the State of Iowa (FEMA–4234–DR), [Dispute No. WTO/DS491] Major Issues Raised by Indonesia dated 07/31/2015. On November 17, 2010, the U.S. Incident: Severe Storms, Tornadoes, WTO Dispute Settlement Proceeding Department of Commerce (‘‘DOC’’) Straight-Line Winds, and Flooding. Regarding United States—Anti- published antidumping (‘‘AD’’) and Incident Period: 06/20/2015 through Dumping and Countervailing Measures countervailing duty (‘‘CVD’’) orders (75 06/25/2015. on Certain Coated Paper From FR 70205; 75 FR 70206) on certain Effective Date: 07/31/2015. Indonesia coated paper from Indonesia. On March Physical Loan Application Deadline AGENCY: Office of the United States 13, 2015, Indonesia requested WTO Date: 09/29/2015. dispute settlement consultations Economic Injury (EIDL) Loan Trade Representative. ACTION: Notice; request for comments. regarding some of DOC’s determinations Application Deadline Date: 05/02/2016. in the CVD investigation, as well as the ADDRESSES: Submit completed loan SUMMARY: The Office of the United U.S. International Trade Commission’s applications to: U.S. Small Business States Trade Representative (‘‘USTR’’) is (‘‘ITC’’) threat of material injury Administration Processing and providing notice that the Republic of determinations in both the AD and CVD Disbursement Center, 14925 Kingsport Indonesia has requested the proceedings. Indonesia and the United Road, Fort Worth, TX 76155. establishment of a dispute settlement States held consultations in Geneva on FOR FURTHER INFORMATION CONTACT: A panel under the Marrakesh Agreement June 25, 2015. Escobar, Office of Disaster Assistance, Establishing the World Trade On July 9, 2015, Indonesia requested U.S. Small Business Administration, Organization and the Understanding on that the WTO establish a dispute 409 3rd Street SW., Suite 6050, Rules and Procedures Governing the settlement panel. In its panel request, Washington, DC 20416. Settlement of Disputes (‘‘DSU’’). That Indonesia contends that the DOC’s SUPPLEMENTARY INFORMATION: Notice is request may be found at www.wto.org findings of countervailable subsidies hereby given that as a result of the contained in a document designated as with respect to a number of government President’s major disaster declaration on WT/DS491/2. USTR invites written practices in the logging and paper 07/31/2015, Private Non-Profit comments from the public concerning industries are inconsistent with Article organizations that provide essential the issues raised in this dispute. VI of the General Agreement on Tariffs DATES: Although USTR will accept any And Trade 1994 (‘‘GATT 1994’’) and the 11 17 CFR 200.30–3(a)(12). comments received during the course of Agreement on Subsidies and

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Countervailing Measures (‘‘SCM information, in breach of Article 12.7 of To submit comments via Agreement’’). Indonesia also contends the SCM Agreement. www.regulations.gov, enter docket that the ITC’s affirmative threat Indonesia alleges that the ITC’s threat number USTR–2015–0005 on the home determinations in both the AD and CVD determinations in the investigations at page and click ‘‘search.’’ The site will investigations breach Article VI of the issue breach Article 3.5 of the AD provide a search-results page listing all GATT 1994, the Agreement on Agreement and Article 15.5 of the SCM documents associated with this docket. Implementation of Article VI of the Agreement because the ITC did not Find a reference to this notice by General Agreement on Tariffs And demonstrate ‘‘the existence of a causal selecting ‘‘Notice’’ under ‘‘Document Trade 1994 (‘‘AD Agreement’’), and the relationship between the imports and Type’’ on the left side of the search- SCM Agreement. In addition, Indonesia the purported threat of injury to the results page, and click on the link raises an ‘‘as such’’ challenge to the domestic industry’’ and failed to entitled ‘‘Comment Now!’’ (For further statutory tie-vote provision set out in ‘‘sufficiently examine known factors information on using the section 771(11)(B) of the Tariff Act of other than the allegedly dumped and www.regulations.gov Web site, please 1930 (codified at 19 U.S.C. 1677(11)(B)), subsidized imports which at the same consult the resources provided on the claiming that this provision breaches time were in fact injuring the domestic Web site by clicking on ‘‘How to Use Article VI of the GATT 1994, Articles 1 injury.’’ In addition, Indonesia alleges This Site’’ on the left side of the home and 3.8 of the AD Agreement, and the ITC’s threat determinations breach page.) Articles 10 and 15.8 of the SCM Article 3.7 of the AD Agreement and The www.regulations.gov Web site Agreement. Article 15.7 of the SCM Agreement allows users to provide comments by Indonesia also lists in its panel because the threat findings were based filling in a ‘‘Type Comments’’ field, or request the following items as part of its on ‘‘allegation, conjecture [and] remote by attaching a document using an challenge: ‘‘the determinations by the possibility’’; were not supported by ‘‘Upload File’’ field. It is expected that [DOC] and [ITC] to initiate certain anti- record evidence; and did not indicate a most comments will be provided in an dumping duty and countervailing duty change in circumstances that was attached document. If a document is investigations, the conduct of those ‘‘clearly foreseen and imminent.’’ attached, it is sufficient to type ‘‘See investigations, any preliminary or final Further, Indonesia alleges the ITC’s attached’’ in the ‘‘Type Comments’’ anti-dumping duty and countervailing threat determinations breach Article 3.7 field. A person requesting that information duty determinations issued in those of the AD Agreement and Article 15.7 of the SCM Agreement because the ITC contained in a comment that he/she investigations, any definitive anti- failed to demonstrate that the ‘‘totality submitted, be treated as confidential dumping duties and countervailing of the factors considered lead to the business information must certify that duties imposed as a result of those conclusion that material injury would such information is business investigations, including any notices, have occurred unless protective action confidential and would not customarily annexes, orders, decision memoranda, was taken.’’ Indonesia alleges the ITC be released to the public by the or other instruments issued by the did not apply or consider ‘‘special care’’ submitter. Confidential business United States in connection with the in its threat of injury determinations, in information must be clearly designated anti-dumping duty and countervailing contravention of Article 3.8 of the AD as such and the submission must be duty measures.’’ Agreement and Article 15.8 of the SCM marked ‘‘BUSINESS CONFIDENTIAL’’ Indonesia contends DOC’s Agreement. at the top and bottom of the cover page determination that Indonesia provided Indonesia also claims the and each succeeding page. Any standing timber for less than adequate ‘‘requirement contained in 19 U.S.C. comment containing business remuneration breaches Article 2.1 of the 1677(11)(B) that a tie vote in a threat of confidential information must be SCM Agreement because DOC failed to injury determination must be treated as submitted by fax to Sandy McKinzy at properly examine whether the an affirmative . . . [ITC] (202) 395–3640. A non-confidential purported subsidy was ‘‘specific to an determination,’’ is, ‘‘as such,’’ summary of the confidential enterprise . . . within the jurisdiction of inconsistent with Article 3.8 of the AD information must be submitted to the granting authority’’ and did not cite Agreement and Article 15.8 of the SCM www.regulations.gov. The non- to evidence establishing the existence of Agreement ‘‘because the requirement confidential summary will be placed in a ‘‘plan or scheme sufficient to does not consider or exercise special the docket and will be open to public constitute a ‘subsidy programme.’’’ care.’’ inspection. Indonesia also alleges DOC breached Finally, Indonesia alleges that these USTR may determine that information Article 14(d) of the SCM Agreement actions are inconsistent with Article 1 of or advice contained in a comment because it failed to determine the the AD Agreement, Article 10 of the submitted, other than business adequacy of remuneration ‘‘in relation SCM Agreement, and Article VI of the confidential information, is confidential to prevailing market conditions for the GATT 1994. in accordance with section 135(g)(2) of good . . . in question in the country of the Trade Act of 1974 (19 U.S.C. provision.’’ Indonesia alleges that these Public Comment: Requirements for Submissions 2155(g)(2)). If the submitter believes that provisions were also breached through information or advice may qualify as DOC’s determinations that Indonesia’s Interested persons are invited to such, the submitter: log export ban and debt forgiveness submit written comments concerning (1) Must clearly so designate the practices each conferred a benefit which the issues raised in this dispute. Persons information or advice; constitutes a countervailable subsidy. may submit public comments (2) Must clearly mark the material as With respect to debt forgiveness, electronically to www.regulations.gov ‘‘SUBMITTED IN CONFIDENCE’’ at the Indonesia alleges that DOC improperly docket number USTR–2015–0005. If you top and bottom of the cover page and applied adverse facts available ‘‘without are unable to provide submissions by each succeeding page; and examining information Indonesia www.regulations.gov, please contact (3) Must provide a non-confidential provided, and without examining Sandy McKinzy at (202) 395–9483 to summary of the information or advice. whether Indonesia ‘refuse[d] access to, arrange for an alternative method of Any comment containing confidential or otherwise [did] not provide’’’ the transmission. information must be submitted by fax. A

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non-confidential summary of the In accordance with the requirements Description: The OCC’s Office of the confidential information must be of the PRA, the OCC may not conduct Ombudsman (Ombudsman) is submitted to www.regulations.gov. The or sponsor, and the respondent is not committed to assessing its efforts to non-confidential summary will be required to respond to, an information provide a fair and expeditious appeals placed in the docket and will be open collection unless it displays a currently process to institutions under its to public inspection. valid Office of Management and Budget supervision. To perform this Pursuant to section 127(e) of the (OMB) control number. The OCC is assessment, it is necessary to obtain Uruguay Round Agreements Act (19 soliciting comment concerning a new feedback from individual appellant U.S.C. 3537(e)), USTR will maintain a collection of information titled, ‘‘Bank institutions on the effectiveness of the docket on this dispute settlement Appeals Follow-Up Questionnaire.’’ The Ombudsman’s current efforts to provide proceeding, docket number USTR– OCC also is giving notice that it has sent a fair and expeditious appeals process 2015–0005, accessible to the public at the collection to OMB for review. and suggestions on ways to enhance the www.regulations.gov. DATES: Comments must be submitted on bank appeals process. The Ombudsman The public file will include non- or before September 10, 2015. will use the information gathered to confidential comments received by ADDRESSES: Because paper mail in the assess adherence to OCC Bulletin 2013– USTR from the public regarding the Washington, DC area and at the OCC is 15, ‘‘Bank Appeals Process,’’ dated June dispute. If a dispute settlement panel is subject to delay, commenters are 7, 2013, for each appeal submitted and convened, or in the event of an appeal encouraged to submit comments by to enhance its bank appeals program. from such a panel, the following email, if possible. Comments may be Affected Public: Businesses or other documents will be made available to the sent to: Legislative and Regulatory for-profit. public at www.ustr.gov: the United Activities Division, Office of the Burden Estimates: States’ submissions, any non- Comptroller of the Currency, Attention: Estimated Number of Respondents: 15. confidential submissions received from 1557–NEW, 400 7th Street SW., Suite Estimated Number of Responses: 15. other participants in the dispute, and 3E–218, Mail Stop 9W–11, Washington, Estimated Annual Burden: 2.5 hours. any non-confidential summaries of DC 20219. In addition, comments may Frequency of Response: On occasion. submissions received from other be sent by fax to (571) 465–4326 or by Comments: The OCC published a participants in the dispute. electronic mail to [email protected]. notice for 60 days of comment on June In the event that a dispute settlement You may personally inspect and 5, 2015 (80 FR 32204). No comments panel is convened, or in the event of an photocopy comments at the OCC, 400 were received. Comments continue to be appeal from such a panel, the panel 7th Street SW., Washington, DC 20219. invited on: report and, if applicable, the report of For security reasons, the OCC requires (a) Whether the collections of the Appellate Body, will also be that visitors make an appointment to information are necessary for the proper available on the Web site of the World inspect comments. You may do so by performance of the OCC’s functions, Trade Organization, at www.wto.org. calling (202) 649–6700. Upon arrival, including whether the information has Comments open to public inspection visitors will be required to present valid practical utility; (b) The accuracy of the OCC’s may be viewed at www.regulations.gov. government-issued photo identification estimates of the burden of the and submit to security screening in Juan Millan, information collections, including the order to inspect and photocopy Acting Assistant United States Trade validity of the methodology and Representative for Monitoring and comments. All comments received, including assumptions used; Enforcement. (c) Ways to enhance the quality, [FR Doc. 2015–19631 Filed 8–10–15; 8:45 am] attachments and other supporting materials, are part of the public record utility, and clarity of the information to BILLING CODE 3290–F5–P and subject to public disclosure. Do not be collected; (d) Ways to minimize the burden of include any information in your information collections on respondents, comment or supporting materials that including through the use of automated DEPARTMENT OF THE TREASURY you consider confidential or collection techniques or other forms of inappropriate for public disclosure. Office of the Comptroller of the Additionally, please send a copy of information technology; and (e) Estimates of capital or start-up Currency your comments by mail to: OCC Desk costs and costs of operation, Officer, 1557–NEW, U.S. Office of Agency Information Collection maintenance, and purchase of services Management and Budget, 725 17th Activities: Proposed Information to provide information. Street NW., #10235, Washington, DC Collection; Submission for OMB 20503, or by email to: oira_submission@ Dated: August 5, 2015. Review; Bank Appeals Follow-Up omb.eop.gov. Mary H. Gottlieb, Questionnaire FOR FURTHER INFORMATION CONTACT: Regulatory Specialist, Legislative and AGENCY: Office of the Comptroller of the Shaquita Merritt, Clearance Officer, Regulatory Activities Division. Currency (OCC), Treasury. (202) 649–5490, for persons who are [FR Doc. 2015–19622 Filed 8–10–15; 8:45 am] ACTION: Notice and request for deaf or hard of hearing, TTY, (202) 649– BILLING CODE 4810–33–P comment. 5597, Legislative and Regulatory Activities Division, Office of the SUMMARY: The OCC, as part of its Comptroller of the Currency, 400 7th DEPARTMENT OF THE TREASURY continuing effort to reduce paperwork Street SW., Washington, DC 20219. Office of Foreign Assets Control and respondent burden, invites the SUPPLEMENTARY INFORMATION: general public and other Federal Title: Bank Appeals Follow-Up Sanctions Actions Pursuant to agencies to take this opportunity to Questionnaire. Executive Orders 13224 comment on a new information OMB Control No.: To be assigned by collection, as required by the Paperwork OMB. AGENCY: Office of Foreign Assets Reduction Act of 1995 (PRA). Type of Review: Regular. Control, Treasury.

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ACTION: Notice. 1972; nationality Qatar; Passport Individual 00966737 (Qatar) (individual) [SDGT]. 1. LAI, Leonard (a.k.a. LAI, Yong Chian); SUMMARY: The Treasury Department’s (Linked to: AL NUSRAH FRONT) DOB 16 Jun 1958; Passport E3251534E Office of Foreign Assets Control (OFAC) (Singapore) expires 20 Mar 2018 (individual) Dated: August 5, 2015. is publishing the names of two [DPRK]. individuals whose property and John E. Smith, interests in property are blocked Acting Director, Office of Foreign Assets Entity pursuant to Executive Order 13224 of Control. 2. SENAT SHIPPING LIMITED (a.k.a. September 23, 2001, ‘‘Blocking Property [FR Doc. 2015–19704 Filed 8–10–15; 8:45 am] SENAT SHIPPING & TRADING PTE LTD; a.k.a. SENAT SHIPPING AGENCY LTD; a.k.a. and Prohibiting Transactions With BILLING CODE 4810–AL–P SENAT SHIPPING AND TRADING LTD; Persons Who Commit, Threaten To a.k.a. SENAT SHIPPING AND TRADING Commit, or Support Terrorism.’’ PRIVATE LIMITED), 36–02 A, Suntec Tower, DATES: OFAC’s actions described in this DEPARTMENT OF THE TREASURY 9, Temasek Boulevard, Singapore 038989, notice are effective on August 5, 2015. Singapore; 9 Temasek Boulevard, 36–02A, Office of Foreign Assets Control FOR FURTHER INFORMATION CONTACT: Singapore 038989, Singapore; Panama City, Associate Director for Global Targeting, Panama; PO Box 957, Offshore Sanctions Actions Pursuant to Incorporations Centre Road Town, Tortola, tel.: 202/622–2420, Assistant Director Executive Orders 13382 and 13551 Virgin Islands, British; Identification Number for Sanctions Compliance & Evaluation, IMO 5179245; alt. Identification Number tel.: 202/622–2490, Assistant Director AGENCY: Office of Foreign Assets IMO 5405737 [DPRK]. for Licensing, tel.: 202/622–2480, Office Control, Treasury. In addition, on July 23, 2015, OFAC of Foreign Assets Control, or Chief ACTION: Notice. identified the following vessel as Counsel (Foreign Assets Control), tel.: blocked property of Senat Shipping 202/622–2410, Office of the General SUMMARY: The Treasury Department’s Limited, an entity whose property and Counsel, Department of the Treasury Office of Foreign Assets Control (OFAC) (not toll free numbers). interests in property are blocked is publishing (1) the names of one pursuant to E.O. 13551: SUPPLEMENTARY INFORMATION: individual and one entity whose Vessel Electronic and Facsimile Availability property and interests in property are blocked pursuant to Executive Order 1. DAWNLIGHT; General Cargo; Mongolia The SDN List and additional (E.O.) 13551; (2) the name of one vessel flag; Vessel Registration Identification IMO information concerning OFAC sanctions 9110236 (vessel) [DPRK]. in which one of these persons has an programs are available from OFAC’s interest; (3) revised information on In addition, on July 23, 2015, OFAC Web site (www.treasury.gov/ofac). OFAC’s list of Specially Designated published the following revised Certain general information pertaining Nationals and Blocked Persons (SDN information on the SDN List to reflect to OFAC’s sanctions programs is also List) to update identifiers for one entity new names or other information for one available via facsimile through a 24- previously designated pursuant to E.O. entity previously designated pursuant to hour fax-on-demand service, tel.: 202/ 13551; and (4) revised information on E.O. 13551: 622–0077. OFAC’s SDN List to update identifiers Aliases Notice of OFAC Actions for two individuals previously 1. OCEAN MARITIME MANAGEMENT On August 5, 2015, OFAC blocked the designated pursuant to E.O. 13382. COMPANY LIMITED (a.k.a. EAST SEA property and interests in property of the DATES: OFAC’s actions described in this SHIPPING COMPANY; a.k.a. HAEYANG following two individuals pursuant to notice were effective July 23, 2015. CREW MANAGEMENT COMPANY; a.k.a. KOREA MIRAE SHIPPING CO. LTD.), E.O. 13224, ‘‘Blocking Property and FOR FURTHER INFORMATION CONTACT: Prohibiting Transactions With Persons Dongheung-dong Changgwang Street, Chung- Assistant Director, Sanctions ku, PO Box 125, Pyongyang, Korea, North; Who Commit, Threaten To Commit, or Compliance and Evaluation, Office of Donghung Dong, Central District, PO Box Support Terrorism’’: Foreign Assets Control, Department of 120, Pyongyang, Korea, North; No. 10, 10th 1. AL-KAWARI, ’Abd al-Latif Bin the Treasury, Washington, DC 20220, Floor, Unit 1, Wu Wu Lu 32–1, Zhong Shan ’Abdallah Salih Muhammad (a.k.a. AL- Tel.: 202/622–2490. Qu, Dalian City, Liaoning Province, China; 22 KAWARI, ’Abd-al-Latif ’Abdallah; a.k.a. Jin Cheng Jie, Zhong Shan Qu, Dalian City, AL-KAWARI, ’Abd-al-Latif ’Abdallah SUPPLEMENTARY INFORMATION: Liaoning Province, China; 43–39 Lugovaya, Vladivostok, Russia; CPO Box 120, Salih; a.k.a. AL-KAWWARI, ’Abd-al- Electronic and Facsimile Availability Latif ’Abdallah; a.k.a. AL-KUWARI, Tonghung-dong, Chung-gu, Pyongyang, ’Abd-al-Latif ’Abdallah Salih; a.k.a. The Specially Designated Nationals Korea, North; Bangkok, Thailand; Lima, Peru; and Blocked Persons List and additional Port Said, Egypt; Singapore; Brazil; Hong ‘‘Abu Ali al-Kawari’’), al-Laqtah, Qatar; Kong, China; Shenzhen, China; Identification DOB 28 Sep 1973; nationality Qatar; information concerning OFAC sanctions Number IMO 1790183 [DPRK]. Passport 01020802 (Qatar); alt. Passport programs are available on OFAC’s Web 00754833 (Qatar) issued 20 May 2007; site (www.treas.gov/ofac). Certain In addition, on July 23, 2015, OFAC alt. Passport 00490327 (Qatar) issued 28 general information pertaining to published the following revised Jul 2001; National ID No. 27363400684 OFAC’s sanctions programs is also information on the SDN List to reflect (Qatar) (individual) [SDGT]. (Linked to: available via facsimile through a 24- new names or other information for two ISLAMIC ARMY) hour fax-on-demand service, tel.: 202/ individuals previously designated 2. AL-KA’BI, Sa’d bin Sa’d 622–0077. pursuant to E.O. 13382, ‘‘Blocking Muhammad Shariyan (a.k.a. AL-KA’BI, Property of Weapons of Mass Notice of OFAC Actions Sa’d al-Sharyan; a.k.a. AL-KA’BI, Sa’d Destruction Proliferators and Their Bin Sa’d Muhammad Shiryan; a.k.a. AL- On July 23, 2015, OFAC blocked the Supporters’’: KA’BI, Sa’d Sa’d Muhammad Shiryan; property and interests in property of the Aliases a.k.a. ‘‘Abu Haza’’’; a.k.a. ‘‘Abu Hazza’’’; following two persons pursuant to E.O. 1. RA, Kyong-Su (a.k.a. CHANG, MYONG a.k.a. ‘‘Abu Sa’d’’; a.k.a. ‘‘Abu Suad’’; 13551, ‘‘Blocking Property of Certain HO; a.k.a. CHANG, MYONG–HO; a.k.a. a.k.a. ‘‘’Umar al-Afghani’’); DOB 15 Feb Persons With Respect to North Korea’’: CHANG, MYO’NG–HO), Beijing, China;

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Tanchon Commercial Bank Representative to viewed online through FDMS at DEPARTMENT OF VETERANS Beijing, China (individual) [NPWMD] www.Regulations.gov. AFFAIRS (Linked To: TANCHON COMMERCIAL BANK). FOR FURTHER INFORMATION CONTACT: Sue 2. KIM, Tong-Myo’ng (a.k.a. KIM, CHIN– Hamlin at (202) 632–5100 or FAX (202) [OMB Control No. 2900–0113] SO’K; a.k.a. KIM, HYOK CHOL; a.k.a. KIM, 632–5841. TONG MYONG; a.k.a. ‘‘KIM, JIN SOK’’); DOB SUPPLEMENTARY INFORMATION: Under the Agency Information Collection 1964; alt. DOB 28 Aug 1962; nationality PRA of 1995 (Pub. L. 104–13; 44 U.S.C. (Application for Fee or Roster Korea, North; Passport 290320764 3501–3521), Federal agencies must Personnel Designation, VA Form 26– (individual) [NPWMD] (Linked To: 6681) Activity Under OMB Review TANCHON COMMERCIAL BANK). obtain approval from the Office of Management and Budget (OMB) for each AGENCY: Dated: July 23, 2015. collection of information they conduct Veterans Benefits Administration, Department of Veterans John E. Smith, or sponsor. This request for comment is Affairs. Acting Director, Office of Foreign Assets being made pursuant to Section Control. 3506(c)(2)(A) of the PRA. ACTION: Notice. [FR Doc. 2015–19703 Filed 8–10–15; 8:45 am] With respect to the following collection of information, BVA invites BILLING CODE 4810–AL–P SUMMARY: In compliance with the comments on: (1) Whether the proposed Paperwork Reduction Act (PRA) of 1995 collection of information is necessary (44 U.S.C. 3501–3521), this notice for the proper performance of VBA’s DEPARTMENT OF VETERANS announces that the Veterans Benefits functions, including whether the AFFAIRS Administration (VBA), Department of information will have practical utility; Veterans Affairs, will submit the [OMB Control No. 2900–0042] (2) the accuracy of BVA’s estimate of the collection of information abstracted burden of the proposed collection of below to the Office of Management and Proposed Information Collection— information; (3) ways to enhance the Budget (OMB) for review and comment. Statement of Accredited quality, utility, and clarity of the The PRA submission describes the Representative in Appealed Case; information to be collected; and (4) nature of the information collection and Comment Request ways to minimize the burden of the its expected cost and burden; it includes collection of information on AGENCY: Board of Veterans’ Appeals, the actual data collection instrument. Department of Veterans Affairs. respondents, including through the use of automated collection techniques or DATES: Comments must be submitted on ACTION: Notice. the use of other forms of information or before September 10, 2015. SUMMARY: The Board of Veterans’ technology. ADDRESSES: Submit written comments Titles: Statement of Accredited Appeals (BVA), Department of Veterans on the collection of information through Representative in Appealed Case, VA Affairs (VA), is announcing an www.Regulations.gov, or to Office of Form 646. opportunity for public comment on the Information and Regulatory Affairs, proposed collection of certain OMB Control Number: 2900–0042. Type of Review: Revision of a Office of Management and Budget, Attn: information by the agency. Under the currently approved collection. VA Desk Officer; 725 17th St. NW., Paperwork Reduction Act (PRA) of Abstract: A recognized organization, Washington, DC 20503 or sent through _ 1995, Federal agencies are required to attorney, agent, or other authorized electronic mail to oira submission@ publish notice in the Federal Register person representing VA claimants omb.eop.gov. Please refer to ‘‘OMB concerning each proposed collection of before the Board of Veterans’ Appeals Control No. 2900–0113’’ in any information, including each proposed complete VA Form 646 to provide correspondence. revision of a currently approved identifying data describing the basis for FOR FURTHER INFORMATION CONTACT: collection, and allow 60 days for public their claimant’s disagreement with the comment in response to this notice. Crystal Rennie, Enterprise Records denial of VA benefits. VA uses the data Service (005R1B), Department of This notice solicits comments on collected to identify the issues in information needed to summarize a Veterans Affairs, 810 Vermont Avenue dispute and to prepare a decision NW., Washington, DC 20420, (202) 632– claimant’s disagreement of denied VA responsive to the claimant’s benefits before the Board of Veterans’ 7492 or email [email protected]. disagreement. Please refer to ‘‘OMB Control No. 2900– Appeals. Affected Public: Individuals or 0113.’’ DATES: Written comments and Households. recommendations on the proposed Estimated Annual Burden: 50,286 SUPPLEMENTARY INFORMATION: collection of information should be hours. Title: Application for Fee or Roster received on or before October 13, 2015. Estimated Average Burden per Personnel Designation, VA Form 26– ADDRESSES: Submit written comments Respondent: 1 hour. 6681. on the collection of information through Frequency of Response: On occasion. OMB Control Number: 2900–0113. Federal Docket Management System Estimated Number of Respondents: (FDMS) at www.Regulations.gov; or to 50,286. Type of Review: Revision of a Sue Hamlin, Board of Veterans’ Appeals By direction of the Secretary. currently approved collection. (01C2), Department of Veterans Affairs, Kathleen M. Manwell, Abstract: Applicants complete VA 810 Vermont Avenue NW., Washington, Program Analyst, VA Privacy Service, Office form 26–6681 to apply for a position as DC 20420 or email [email protected]. of Privacy and Records Management, a designate fee appraiser or compliance Please refer to ‘‘OMB Control No. 2900– Department of Veterans Affairs. inspector. VA will use the data collected 0042’’ in any correspondence. During [FR Doc. 2015–19674 Filed 8–10–15; 8:45 am] to determine the applicant’s experience the comment period, comments may be BILLING CODE 8320–01–P in the real estate valuation field.

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An agency may not conduct or Affected Public: Individuals or By direction of the Secretary. sponsor, and a person is not required to households. Kathleen M. Manwell, respond to a collection of information Estimated Annual Burden: 1,000 Program Analyst, VA Privacy Service, Office unless it displays a currently valid OMB hours. of Privacy and Records Management, control number. The Federal Register Estimated Average Burden per Department of Veterans Affairs. Notice with a 60-day comment period Respondent: 30 minutes. [FR Doc. 2015–19702 Filed 8–10–15; 8:45 am] soliciting comments on this collection Frequency of Response: One-time. BILLING CODE 8320–01–P of information was published at 80 FR Estimated Number of Respondents: 8949 on February 19, 2015. 2,000.

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Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Diplacus vandenbergensis (Vandenberg Monkeyflower); Final Rule

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DEPARTMENT OF THE INTERIOR U.S. Fish and Wildlife Service, Ventura opinions from three knowledgeable Fish and Wildlife Office, 493 Portola individuals with scientific expertise to Fish and Wildlife Service Road, Suite B, Ventura, CA 93003; review our technical assumptions and telephone 805–644–1766; facsimile analysis, and whether or not we had 50 CFR Part 17 805–644–3958. Persons who use a used the best available information. We [Docket No. FWS–R8–ES–2013–0049; telecommunications device for the deaf received comments from two of the peer 4500030113] (TDD) may call the Federal Information reviewers on the proposed critical Relay Service (FIRS) at 800–877–8339. habitat rule. These peer reviewers RIN 1018–AZ33 SUPPLEMENTARY INFORMATION: generally concurred with our methods and conclusions and provided Endangered and Threatened Wildlife Executive Summary additional information, clarifications, and Plants; Designation of Critical Why we need to publish a rule. Under and suggestions to improve this final Habitat for Diplacus vandenbergensis the Endangered Species Act of 1973, as rule. Information we received from peer (Vandenberg Monkeyflower) amended (16 U.S.C. 1531 et seq.) (Act), review is incorporated in this final AGENCY: Fish and Wildlife Service, any species that is determined to be an revised designation. We also considered Interior. endangered or threatened species all comments and information we ACTION: Final rule. requires critical habitat to be designated, received from the public during the to the maximum extent prudent and comment period. SUMMARY: We, the U.S. Fish and determinable. Designations and Previous Federal Actions Wildlife Service (Service), designate revisions of critical habitat can only be critical habitat for Diplacus completed by issuing a rule. The proposed listing rule for vandenbergensis (Vandenberg On August 26, 2014, we published in Vandenberg monkeyflower (78 FR monkeyflower) under the Endangered the Federal Register the final rule to list 64840; October 29, 2013) contains a Species Act (Act). In total, Vandenberg monkeyflower as an detailed description of previous Federal approximately 5,755 acres (2,329 endangered species under the Act (79 actions concerning this species. hectares) in Santa Barbara County, FR 50844). This is a final rule to On October 29, 2013, we published in California, fall within the boundaries of designate critical habitat for Vandenberg the Federal Register a proposed critical the critical habitat designation. The monkeyflower. The critical habitat areas habitat designation for Vandenberg effect of this regulation is to designate we are designating in this rule monkeyflower (78 FR 64446). On May 6, critical habitat for Vandenberg constitute our current best assessment of 2014, we revised the proposed critical monkeyflower under the Act. the areas that meet the definition of habitat designation and announced the DATES: This rule is effective on critical habitat for Vandenberg availability of our draft economic September 10, 2015. monkeyflower. In total, we are analysis (DEA) (79 FR 25797). ADDRESSES: This final rule is available designating as critical habitat From October 29, 2013, Proposed Rule on the Internet at http:// approximately 5,755 acres (ac) (2,329 hectares (ha)) of land in four units for In this final critical habitat www.regulations.gov and at http:// designation, we first make final the www.fws.gov/ventura/. Comments and the species. We have prepared an economic minor changes that we proposed in the materials we received, as well as some analysis of the designation of critical document that published in the Federal supporting documentation we used in habitat. In order to consider economic Register on May 6, 2014 (79 FR 25797). preparing this rule, are available for impacts, we prepared an incremental At that time, we proposed to increase public inspection at http:// effects memorandum (IEM) and the designation (from that proposed on www.regulations.gov. Comments, screening analysis, which, together with October 29, 2013 (78 FR 64446)), by materials, and documentation that we our narrative and interpretation of approximately 24 ac (10 ha). This considered in this rulemaking will be effects, we consider our draft economic increase occurred in Unit 3 (Encina) as available by appointment, during analysis (DEA) of the proposed critical a result of new information received normal business hours at: U.S. Fish and habitat designation and related factors from several commenters who pointed Wildlife Service, Ventura Fish and (Industrial Economic, Incorporated (IEc) out that we had omitted a portion of a Wildlife Office, 2493 Portola Road, 2014, entire). The analysis, dated March parcel along the boundaries of this unit Suite B, Ventura, CA 93003; telephone 19, 2014, was made available for public that contained the physical or biological 805–644–1766; facsimile 805–644–3958. comment from May 6, 2014, through features essential to the conservation of The coordinates or plot points or both June 5, 2014 (79 FR 25797). The DEA the species. from which the maps are generated are addressed probable economic impacts of Second, in coordination with the U.S. included in the decision record for this critical habitat designation for Bureau of Prisons Federal Penitentiary critical habitat designation and are Vandenberg monkeyflower. Following Complex at Lompoc (Lompoc available at http://www.regulations.gov the close of the comment period, we Penitentiary), we conducted a visual at Docket No. FWS–R8–ES–2013–0049, reviewed and evaluated all information inspection of the vegetation and at the Ventura Fish and Wildlife submitted during the comment period communities and existing land uses Office (http://www.fws.gov/ventura) (see that may pertain to our consideration of within proposed critical habitat Unit 1 FOR FURTHER INFORMATION CONTACT). the probable incremental economic (Vandenberg). Subsequently, we have Any additional tools or supporting impacts of this critical habitat reduced the size of this unit because we information that we developed for this designation. We have incorporated found that a portion of the proposed critical habitat designation will also be comments received into this final critical habitat area did not contain the available at the Field Office set out determination. physical or biological features essential above, and may also be included in the Peer review and public comment. We to the conservation of Vandenberg preamble and at http:// sought comments from independent monkeyflower. Unit 1 occurs www.regulations.gov. specialists to ensure that our exclusively on lands owned and FOR FURTHER INFORMATION CONTACT: designation is based on scientifically managed by the Department of Justice. Stephen P. Henry, Field Supervisor, sound data and analyses. We requested As a result of our evaluation, Unit 1 has

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decreased by 54 ac (22 ha) from 277 ac habitat acquisition and maintenance, essential to the conservation of the (112 ha) proposed as critical habitat on propagation, live trapping, and species. October 29, 2013 (78 FR 64446), to 223 transplantation, and, in the Under the second prong of the Act’s ac (90 ha) as described in this final rule. extraordinary case where population definition of critical habitat, we can Specifically, we eliminated: pressures within a given ecosystem designate critical habitat in areas (1) Flat lands in the eastern portion of cannot be otherwise relieved, may outside the geographical area occupied the unit (i.e., lands east of a drainage include regulated taking. by the species at the time it is listed, that separates the eastern and western Critical habitat receives protection upon a determination that such areas areas in this unit) at the break in slope under section 7 of the Act through the are essential for the conservation of the and below 100 feet (ft) (30 meters (m)) requirement that Federal agencies species. For example, an area currently in elevation. ensure, in consultation with the Service, occupied by the species but that was not (2) Flat lands in the western portion that any action they authorize, fund, or occupied at the time of listing may be of the unit below 100 ft (30 m) in carry out is not likely to result in the essential to the conservation of the elevation (noting that the eastern and destruction or adverse modification of species and may be included in the western portions are divided by a critical habitat. The designation of critical habitat designation. We drainage), with the exception of the critical habitat does not affect land designate critical habitat in areas extreme western portion of the unit ownership or establish a refuge, outside the geographical area occupied where we eliminated lands below 160 ft wilderness, reserve, preserve, or other by a species only when a designation (49 m) in elevation where there is a conservation area. Such designation limited to its present range would be break in slope, because the topography does not allow the government or public inadequate to ensure the conservation of below 160 ft (49 m) flattens out in an to access private lands. Such the species. Section 4 of the Act requires that we alluvial floodplain that is used as a designation does not require designate critical habitat on the basis of cattle pasture. implementation of restoration, recovery, the best scientific and commercial data We are also recognizing other changes or enhancement measures by non- available. Further, our Policy on and clarifications recommended by one Federal landowners. Where a landowner Information Standards Under the peer reviewer and the public requests Federal agency funding or Endangered Species Act (published in specifically related to two aspects of the authorization for an action that may the Federal Register on July 1, 1994 (59 species’ biology: Seed dispersal and affect a listed species or critical habitat, FR 34271)), the Information Quality Act pollinator foraging distances. Both of the consultation requirements of section (section 515 of the Treasury and General these discussions are revised in full and 7(a)(2) of the Act would apply, but even Government Appropriations Act for described in the ‘‘Physical or Biological in the event of a destruction or adverse Features—Contiguous Chaparral Fiscal Year 2001 (Pub. L. 106–554; H.R. modification finding, the obligation of 5658)), and our associated Information Habitat’’ and ‘‘Criteria Used to Identify the Federal action agency and the Critical Habitat’’ sections of this rule. Quality Guidelines provide criteria, landowner is not to restore or recover establish procedures, and provide Critical Habitat the species, but to implement guidance to ensure that our decisions reasonable and prudent alternatives to Background are based on the best scientific data avoid destruction or adverse available. They require our biologists, to Critical habitat is defined in section 3 modification of critical habitat. the extent consistent with the Act and of the Act as: Under the first prong of the Act’s with the use of the best scientific data (1) The specific areas within the definition of critical habitat, areas available, to use primary and original geographical area occupied by the within the geographical area occupied sources of information as the basis for species, at the time it is listed in by the species at the time it was listed recommendations to designate critical accordance with the Act, on which are are included in a critical habitat habitat. found those physical or biological designation if they contain physical or When we are determining which areas features biological features (1) which are should be designated as critical habitat, (a) Essential to the conservation of the essential to the conservation of the our primary source of information is species, and species and (2) which may require generally the information developed (b) Which may require special special management considerations or during the listing process for the management considerations or protection. For these areas, critical species. Additional information sources protection; and habitat designations identify, to the may include articles in peer-reviewed (2) Specific areas outside the extent known using the best scientific journals, conservation plans developed geographical area occupied by the and commercial data available, those by States and counties, scientific status species at the time it is listed, upon a physical or biological features that are surveys and studies, biological determination that such areas are essential to the conservation of the assessments, other unpublished essential for the conservation of the species (such as space, food, cover, and materials, or experts’ opinions or species. protected habitat). In identifying those personal knowledge. Conservation, as defined under physical or biological features within an Habitat is dynamic, and species may section 3 of the Act, means to use and area, we focus on the principal move from one area to another over the use of all methods and procedures biological or physical constituent time. We recognize that critical habitat that are necessary to bring an elements (primary constituent elements designated at a particular point in time endangered or threatened species to the (PCEs) such as roost sites, nesting may not include all of the habitat areas point at which the measures provided grounds, seasonal wetlands, water that we may later determine are pursuant to the Act are no longer quality, tide, soil type) that are essential necessary for the recovery of the necessary. Such methods and to the conservation of the species. species. For these reasons, a critical procedures include, but are not limited Primary constituent elements are those habitat designation does not signal that to, all activities associated with specific elements of the physical or habitat outside the designated area is scientific resources management such as biological features that provide for a unimportant or may not be needed for research, census, law enforcement, species’ life-history processes and are recovery of the species. Areas that are

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important to the conservation of the 2013 (78 FR 64446), and in the 1987) (See ‘‘Factor A—Anthropogenic species, both inside and outside the information presented below. Fire’’ section in the proposed listing critical habitat designation, will Additional information can be found in rule (78 FR 64840; October 29, 2013). continue to be subject to: (1) the final listing rule published on When fire occurs, it clears out Conservation actions implemented August 26, 2014, in the Federal Register aboveground living vegetation and dead under section 7(a)(1) of the Act, (2) (79 FR 50844). We have determined that wood, deposits nutrient-rich ash, and regulatory protections afforded by the Vandenberg monkeyflower requires the makes space and sunlight available for requirement in section 7(a)(2) of the Act following physical or biological seedling establishment. High numbers for Federal agencies to insure their features: of herbaceous annuals and perennials actions are not likely to jeopardize the Canopy Openings appear shortly after fire has cleared continued existence of any endangered away the tall, dense shrubs (Gevirtz et or threatened species, and (3) with Vandenberg monkeyflower only al. 2007, p. 58). Many of these fire- respect to wildlife, section 9 of the Act’s occurs in sandy openings (canopy gaps) followers decline over time after a fire, prohibitions on taking any individual of within dominant vegetation consisting although some persist in small numbers of Burton Mesa chaparral (see the the species, including taking caused by for decades after their peak post-fire ‘‘Background’’ section in the proposed actions that affect habitat. Federally densities (Gevirtz et al. 2007, p. 103). In listing rule published October 29, 2013 funded or permitted projects affecting the first few years, habitat may appear (78 FR 64840), in the Federal Register). listed species outside their designated as coastal scrub rather than chaparral, The sunny openings provide the space critical habitat areas may still result in both in structure and in the species needed for individual and population jeopardy findings in some cases. These present (e.g., (Salvia mellifera) black growth, including sites for germination, protections and conservation tools will sage, (Artemisia californica) California reproduction, seed dispersal, seed continue to contribute to recovery of sagebrush, (Frangula californica) coffee this species. Similarly, critical habitat banks, and pollination. Canopy gaps are important for seed berry, (Baccharis pilularis) coyote designations made on the basis of the brush, Toxicodendron diversilobum best available information at the time of germination and seedling establishment, and for maintaining the seed banks of (poison oak)). Gradually, however, designation will not control the (Arctostaphylos spp.) manzanita, direction and substance of future many chaparral species (Davis et al. 1989, pp. 60–64; Zammit and Zedler (Ceanothus spp.) ceanothus, recovery plans, habitat conservation (Adenostoma fasciculatum) chamise, plans (HCPs), or other species 1994, pp. 11–13). As the canopy closes and grows in height, the understory is and other species overtop the early conservation planning efforts if new species and come to dominate the information available at the time of generally bare, with most herbs restricted to remaining canopy gaps landscape. The response of Vandenberg these planning efforts calls for a monkeyflower to fire is not currently different outcome. (Van Dyke et al. 2001, p. 9). Because gaps receive more light, soil known; however, because this species Physical or Biological Features temperatures may be as much as 23 °C occurs within maritime chaparral, it is ° likely adapted to a naturally occurring In accordance with sections 3(5)(A)(i) (73 F) higher than under the fire regime of the Burton Mesa. Because and 4(b)(1)(A) of the Act and regulations surrounding shrub canopy (Christensen Vandenberg monkeyflower occurs at 50 CFR 424.12, in determining which and Muller 1975b, p. 50). Such within the canopy gaps of Burton Mesa areas within the geographical area temperatures are high enough to chaparral, these gaps are important for occupied by the species at the time of stimulate seed germination in many the plants’ persistence between fire listing to designate as critical habitat, species (for example, Helianthemum events. As the canopy closes with we consider the physical or biological scoparium (rush-rose)) (Christensen and dominant vegetation, the gaps provide features essential to the conservation of Muller 1975a, p. 77). Additionally, the space for annuals small in stature, the species and which may require herbivory is less pronounced in such as Vandenberg monkeyflower, to special management considerations or openings than under or near the canopy grow and reproduce. Therefore, we protection. These include, but are not (Halligan 1973, pp. 430–432; identify canopy gaps to be a physical or limited to: Christensen and Muller 1975b, p. 53; biological feature for Vandenberg (1) Space for individual and Davis and Mooney 1985, p. 528). monkeyflower. population growth and for normal Furthermore, allelopathic (biochemical) behavior; effects of the shrub canopy are probably Loose Sandy Soils (2) Food, water, air, light, minerals, or reduced in openings (Muller et al. 1968, other nutritional or physiological pp. 227–230). The gaps in the canopy where this requirements; Numerous studies have recognized species occurs consist of loose, sandy (3) Cover or shelter; canopy gaps in mature chaparral as soils. The Burton Mesa dune sheet is (4) Sites for breeding, reproduction, or important microhabitats where some comprised of layers of wind-blown rearing (or development) of offspring; subshrubs and herbs (such as sand, each of which was deposited and Vandenberg monkeyflower) persist during different geologic time periods. (5) Habitats that are protected from between fires (Horton and Kraebel 1955, The oldest dune deposits are referred to disturbance or are representative of the pp. 258–261; Vogl and Schorr 1972, pp. as the Orcutt ‘‘paleodunes,’’ and were historical, geographical, and ecological 1182–1187; Keeley et al. 1981, pp. deposited in the Santa Maria Basin distributions of a species. 1615–1617; Davis et al. 1989, p. 64). during the mid-Pleistocene era up to We derive the specific physical or Additionally, many chaparral plants 200,000 years ago (Johnson 1983 in biological features essential for have characteristics that promote Hunt 1993, p. 14). These dunes are old Vandenberg monkeyflower from studies reestablishment after fires. Thus, fire enough to have developed a soil profile, of this species’ habitat, ecology, and life plays a significant role in maintaining classified as Tangair and Narlon soils history as described in the Critical chaparral community heterogeneity and (Soil Conservation Service 1972). Habitat section of the proposed rule to in nutrient cycling, and its role has been Subsurface soils are typically hardened designate critical habitat published in extensively documented (see by iron oxides, though surface the Federal Register on October 29, Christensen and Muller 1975a, b; Keeley exposures, where they occur, are

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commonly composed of loose sand listing rule (78 FR 64840; October 29, because it also provides habitat for (Hunt 1993, p. 15). 2013). The invasion of nonnative plants insect pollinators. Pollinators move These oldest dune deposits have been can directly alter the structure of this pollen from one flower to another buried beneath more recent dunes that habitat by displacing native vegetation, predominantly within the same plant were wind-deposited approximately including individuals of Vandenberg population, but they can move pollen to 10,000 to 25,000 to as much as 125,000 monkeyflower (see ‘‘Factor A—Invasive, another plant population if it is close years ago (Orme and Tchakerian 1986, Nonnative Species’’ section in the enough and the pollinator is capable of pp. 155–156; Johnson 1983, in Hunt proposed listing rule (78 FR 64840; carrying the pollen across that distance. 1993, p. 15). Contributing to the October 29, 2013)). Fragmentation of the Annual Diplacus species have a variety formation of these vast dune systems habitat (due to invasive, nonnative of visitors, including insects, bees, and was a rapid fall in sea level plants) has negative effects on rare plant butterflies. Although no research has approximately 18,000 years ago, populations (Franklin et al. 2002, pp. been done to determine the perhaps as much as 300 ft (91 m) below 20–29; Alberts et al. 1993, pp. 103–110). effectiveness of various pollinators for the present shoreline, which exposed Therefore, the presence of contiguous Vandenberg monkeyflower (Fraga in litt. vast quantities of sediment that were chaparral habitat on Burton Mesa is 2012), based on observations of other later transported miles inland by important for population growth of small annual Diplacus species, small- to onshore winds (Hunt 1993, p. 16). Vandenberg monkeyflower because it medium-sized solitary bees are likely an The more recent dune deposits provides available habitat for seed important class of pollinator. Therefore, comprise the bulk of the dunes found on dispersal and establishment. because contiguous chaparral habitat on Burton Mesa. These newer dunes on Seeds of this species are small and Burton Mesa provides habitat Burton Mesa are composed of poorly light in weight and short-distance connectivity that ensures space for seed consolidated to unconsolidated red to dispersal is achieved primarily by dispersal and establishment and yellow sands with a clay-enriched B- gravity but also by wind and water movement of pollinators, we identify horizon profile; the substratum is (Fraga in litt. 2012; Thompson 2005, p. contiguous chaparral habitat as a generally a dense, cemented sand layer 130) (see Life History section of the final physical or biological feature for (Hunt 1993 p. 16). This cemented layer listing rule (79 FR 50844) for additional Vandenberg monkeyflower. may contribute to the water-holding discussion of literature related to seed capacity of the soil, which in turn dispersal). It is well-accepted that, for Primary Constituent Elements (PCEs) for affects the types of plants and vegetation most plant species, a small fraction of Vandenberg Monkeyflower communities observed. Additionally, seed is subject to long-distance dispersal Under the Act and its implementing both the older and newer dune deposits events. While these events occur regulations, we are required to identify have substrates with significantly higher infrequently, they can be important in the physical or biological features proportions of fine sands relative to dispersing seeds between populations, essential to the conservation of even more recent sand deposits, thus and from established populations to Vandenberg monkeyflower in areas forming a dense soil (Hunt 1993, p. 16). new sites with suitable habitat. occupied at the time of listing, focusing Topsoil in Burton Mesa is uniformly Determining long-distance seed- on the features’ PCEs. Primary medium sand, but the depth of soil to dispersal distances for any species is constituent elements are those specific bedrock varies throughout the mesa, and challenging, however, because of the elements of the physical or biological several soil types are present (Davis et difficulty of observing and quantifying features that provide for a species’ life- al. 1988, pp. 170–171). The most rare long-distance dispersal events. On history processes and are essential to widespread soils are Marina, Tangair, Burton Mesa, the principal wind the conservation of the species. and Narlon sands; however, other soil direction in all seasons is north- Based on our current knowledge of types, such as Arnold Sand, Botella northwest (Bowen and Inman 1966, p. 3; Loam, Terrace Escarpments, and Gullied Cooper 1967, pp. 73–74; Hunt 1993, p. the physical or biological features and Land, are present on Burton Mesa where 27), which could aid local dispersal of habitat characteristics required to Vandenberg monkeyflower grows (Soil Vandenberg monkeyflower seeds after sustain the species’ life-history Conservation Service 1972). falling from the parent plant. Long- processes, we determine that the PCEs This species appears more closely tied distance seed dispersal of other plant specific to Vandenberg monkeyflower to loose, sandy soil than to a specific species can occur through high-velocity are: soil type. Therefore, because horizontal winds, as well as wind (1) Native maritime chaparral Vandenberg monkeyflower occurs on all updrafts (Greene and Johnson 1995). communities of Burton Mesa soil types listed above, but appears to be Landscape fragmentation over time may comprising maritime chaparral and more closely associated with loose, reduce the ability of seeds to move maritime chaparral mixed with coastal sandy soils regardless of the soil type, longer distances (Cain et al. 2000, p. scrub, oak woodland, and small patches we identify loose, sandy soils on Burton 1223; Trakhtenbrot et al. 2005, p. 177), of native grasslands. The mosaic Mesa as a physical or biological feature and, therefore, maintaining the integrity structure of the native plant for Vandenberg monkeyflower. of the habitat is important to providing communities (arranged in a mosaic of opportunities for the species to disperse dominant vegetation and sandy Contiguous Chaparral Habitat across the landscape into suitable openings (canopy gaps)), may change The structure of the chaparral habitat habitat patches. Wind updrafts could spatially as a result of succession, and on Burton Mesa is a mosaic of maritime potentially carry seed from one suitable physical processes such as windblown chaparral vegetation (which includes habitat patch to another across a sand and wildfire. maritime chaparral and maritime fragmented landscape; while this may (2) Loose sandy soils on Burton Mesa. chaparral mixed with coastal scrub, oak occur infrequently, it may be important As mapped by the Natural Resources woodland, and small patches of native in contributing to the long-term Conservation Service (NRCS), these grasslands (Wilken and Wardlaw 2010, persistence of the species. could include the following soil series: p. 2)) and sandy openings (canopy gaps) Contiguous chaparral habitat on Arnold Sand, Marina Sand, Narlon that varies from place to place (see Burton Mesa is important for population Sand, Tangair Sand, Botella Loam, Background—Habitat in the proposed growth of Vandenberg monkeyflower Terrace Escarpments, and Gullied Land.

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Special Management Considerations or requirements of the species and identify or surveyors has varied depending on Protection specific areas within the geographical the scale at which occurrences of When designating critical habitat, we area occupied by the species at the time individuals were recorded (such as assess whether the specific areas within of listing that contain the features many small occurrences versus one the geographical area occupied by the essential to the conservation of the large occurrence). Therefore, we species at the time of listing contain species. If, after identifying these considered areas as occupied where features that are essential to the specific areas, we determine the areas suitable habitat is present and conservation of the species and which are inadequate to ensure conservation of contiguous with an extant occurrence of may require special management the species, in accordance with the Act Vandenberg monkeyflower, but which and our implementing regulations at 50 may not currently contain aboveground considerations or protection. All areas CFR 424.12(e), we then consider individuals. designated as critical habitat contain whether designating additional areas We used a multistep process to features that will require some level of outside of the geographic area occupied delineate critical habitat boundaries. management to address the current and by the species are essential for the (1) Using Burton Mesa as a palette, we future threats. In all units, special conservation of the species. We are not placed a minimum convex polygon management may be required to ensure designating any areas outside the around all nine extant occurrences and that the habitat is able to provide for the geographical area presently occupied by one potentially extirpated occurrence growth and reproduction of the species. the species because its present range is (Lower Santa Lucia Canyon) of The habitat where Vandenberg sufficient to ensure the conservation of Vandenberg monkeyflower based on monkeyflower occurs faces threats from Vandenberg monkeyflower. CNDDB and herbarium records, as well urban development, maintenance of We used data from research published as survey information not yet formalized existing utility pipelines, anthropogenic in peer-reviewed articles; reports and in a database. This resulted in a data fire, unauthorized recreational survey forms prepared for Federal, layer of Vandenberg monkeyflower’s activities, and most substantially the State, and local agencies and private current and historical range on Burton expansion of invasive, nonnative plants corporations; site visits; regional Mesa (see ‘‘Distribution of Vandenberg (see Factors A and E in the final listing Geographic Information Systems (GIS) Monkeyflower’’ section of the proposed rule published on August 26, 2014, in layers, including soil and land use listing rule (78 FR 64840; October 29, the Federal Register (79 FR 50844). coverage; and data submitted to the 2013). We eliminated the occurrence Management activities that may reduce California Natural Diversity Database noted in 1931 that was identified these threats include, but are not limited (CNDDB). We also reviewed available approximately 5 mi (8 km) downwind to: (1) Protecting from development information that pertains to the ecology, and to the east in the Santa Rita Valley lands that provide suitable habitat; (2) life history, and habitat requirements of because there is no suitable habitat minimizing habitat fragmentation; (3) this species. This material included remaining at this site; thus, we consider minimizing the spread of invasive, information and data in peer-reviewed this occurrence to be extirpated (see nonnative plants; (4) limiting authorized articles, reports of monitoring and ‘‘Historical Locations’’ section in the casual recreational use to existing paths habitat characterizations, reports proposed listing rule (78 FR 64840; and trails (as opposed to off-trail use submitted during section 7 October 29, 2013). that can spread invasive species to consultations, and information received (2) We used GIS to overlay soil data unaffected areas); (5) controlled from local experts regarding Burton (NRCS) across Burton Mesa, not burning; and (6) encouraging habitat Mesa or Vandenberg monkeyflower. excluding any soil types at this time restoration. These management Determining specific areas that because Vandenberg monkeyflower activities would limit the impact to the Vandenberg monkeyflower occupies is appears to be tied more closely to loose physical or biological features for challenging because areas may be sandy soil than to a specific soil type. Vandenberg monkeyflower by occupied by the species even if no Therefore, to define suitable sandy soil decreasing the direct loss of habitat, plants appear above ground (i.e., where Vandenberg monkeyflower may maintaining the appropriate vegetation resident seed banks may be present with occur, we included all soil types where structure that provides the sandy little or no visible aboveground the species is currently extant. These openings that are necessary components expression of the species) (see soil types include Arnold Sand, Marina of Vandenberg monkeyflower habitat, ‘‘Background—Life History’’ section of Sand, Narlon Sand, Tangair Sand, and minimizing the spread of invasive, the proposed listing rule published on Botella Loam, Terrace Escarpments, and nonnative plants to areas where they October 29, 2013, in the Federal Gullied Land. Additionally, we did not currently do not exist. Preserving large Register (78 FR 64840). Additionally, remove areas that comprise a small areas of contiguous suitable habitat depending upon the climate and other percentage of a different soil type if it throughout the range of the species annual variations in habitat conditions, was within a larger polygon of a suitable should maintain the mosaic structure of the observed distribution of the species soil type because these areas were below the Burton Mesa chaparral that may be may shrink, temporarily disappear, or the mapping resolution of the NRCS soil present at any given time, and maintain enlarge to encompass more locations on data we utilized. the genetic and demographic diversity Burton Mesa. Because Vandenberg (3) We expanded the distance from of Vandenberg monkeyflower. monkeyflower occurs in sandy soils each extant occurrence and one within canopy gaps, and plant potentially extirpated occurrence up to Criteria Used To Identify Critical communities may undergo changes in 1 mi (1.6 km) beyond the known outer Habitat which the gaps may shift spatially over edge of each occurrence of Vandenberg As required by section 4(b)(2) of the time, the degree of cover that is monkeyflower for the following reasons: Act, we use the best scientific data provided by a vegetation type may favor (a) We sought to maintain available to designate critical habitat. In the presence of Vandenberg connectivity between occurrences of accordance with the Act and our monkeyflower or not. Furthermore, the Vandenberg monkeyflower because implementing regulations at 50 CFR way the current distribution of seeds are primarily dispersed by gravity, 424.12(b), we review available Vandenberg monkeyflower is mapped along with wind, water, and small information pertaining to the habitat by the various agencies, organizations, mammals. Habitat connectivity,

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especially canopy gaps where the highly variable, but range up to 0.75 mi vegetation of Burton Mesa, and did not species occurs, provides the necessary (1,200 m)) (Zurbechen et al. 2010). We represent a sufficient distance to space needed for reproduction, also note that, since flight distances encompass long-distance seed dispersal dispersal, and individual and have been measured from one direction or the distance that pollinators may population growth (see ‘‘Physical or from a hive or nest, over the course of travel. Except as described above in (c), Biological Features’’ section above). several foraging trips bees could travel we did not consider any distance larger (b) A 1-mi (1.6-km) distance from double that distance, 1.5 mi (2,400 m) than 1 mi (1.6 km) because the 1-mile each extant occurrence would provide between two plant populations that are distance captures the remaining native adequate space for pollinator habitat. in opposite directions from a hive or vegetation and the distribution of Vandenberg monkeyflower has a mixed nest. See additional discussion in this Vandenberg monkeyflower, and any mating system, and is dependent on section under (d) below for a rationale distance greater than 1 mi (1.6 km) also pollinators to achieve seed production. of why other distance values are captured habitat that is not suitable for As noted in the Life History section in inappropriate. this species. Therefore, the areas within the final listing rule published on (c) Providing a critical habitat our critical habitat boundaries include August 26, 2014, in the Federal Register boundary that is 1 mi (1.6 km) from the the range of plant communities and soil (79 FR 50844), likely pollinators of nine extant occurrences and one types in which Vandenberg Vandenberg monkeyflower include potentially extirpated occurrence of monkeyflower is found, maintain smaller solitary bees to medium and Vandenberg monkeyflower captures connectivity of occurrences, and larger social bees. Therefore, general most of the remaining native vegetation provide for the sandy openings mixed pollinator travel distances described in on Burton Mesa, from east of the within the dominant vegetation. The the literature can help determine a developed area on Vandenberg Air delineated critical habitat contains the distance that would capture pollinator Force Base (AFB) through La Purisima elements of physical and biological habitat most representative of Mission State Historic Park (SHP) (see features that are essential to the invertebrate species that visit annual ‘‘Distribution of Vandenberg conservation of the species. Vandenberg monkeyflower. Although Monkeyflower’’ section of the proposed We did not include agricultural areas pollinators typically fly distances that listing rule (78 FR 64840)). In some because, while the underlying dune are in proportion to their body sizes, instances, we expanded critical habitat sheet may be present depending on the with larger pollinators flying longer farther than 1 mi (1.6 km) if the PCEs land use practices, the topsoil would distances (Greenleaf et al. 2007, pp. were contiguously present up-canyon. most likely not consist of loose sandy 593–596), a recent study by Zurbechen Expanding the boundary to 1 mi (1.6 soil and the associated vegetation et al. (2010, entire) indicates that km) created larger and contiguous community would not exist. A few maximum flight distances of solitary blocks of suitable habitat, which have smaller agriculture and grazing plots bees have been underestimated and are the highest likelihood of persisting exist within the Burton Mesa Ecological greater than expected strictly based on through the environmental extremes Reserve (Reserve), but agricultural lands body size. Therefore, if a pollinator can that characterize California’s climate, mostly occur to the south and east of the fly long distances, pollen transfer is also and of retaining the genetic variability Reserve and La Purisima Mission SHP. possible across these distances. to withstand future stressors (such as When determining critical habitat Pollinators often focus on small, nearby invasive, nonnative species or climate boundaries within this final rule, we areas where floral resources are change). Additionally, contiguous made every effort to avoid including abundant; however, occasional longer blocks of habitat maintain connectivity, developed areas such as lands covered distance pollination may occur, which is important because habitat by buildings, pavement, and other especially in years when other floral fragmentation can result in loss of structures because such lands lack resources are limited. genetic variation (Young et al. 1996, pp. physical or biological features necessary Although Chesnut (in litt. 2014) 413–417), has negative effects on for Vandenberg monkeyflower. The observed a ‘‘medium-sized’’ bumblebee biological populations (especially rare scale of the maps we prepared under the on Vandenberg monkeyflower, we have plants), and affects survival and parameters for publication within the removed previous reference to recovery (Franklin et al. 2002, pp. 20– Code of Federal Regulations may not bumblebee flight distances in this 29; Alberts et al. 1993, pp. 103–110). reflect the exclusion of such developed section because their large size Furthermore, fragmentation has been lands. Any such lands inadvertently left (generally 0.6–0.9 in (15–23 mm)) makes shown to disrupt plant-pollinator inside critical habitat boundaries shown it unlikely they would be a frequent interactions and predator-prey on the maps of this final rule have been pollinator of Vandenberg monkeyflower, interactions (Steffan-Dewenter and excluded by text in the rule and are not and the reference was confusing to Tscharntke 1999, p. 437), alter seed designated as critical habitat. Therefore, readers. Our review of other pollinator germination percentages (Menges 1991, a Federal action involving these lands flight distance studies described in pp. 158–164), and result in low fruit set would not trigger section 7 consultation Zurbechen et al. (2010) indicates that (Jennerston 1988, pp. 359–366; with respect to critical habitat and the honeybees (considered a medium- to Cunningham 2000, pp. 1149–1152). requirement of no adverse modification large-sized bee, and which have been Fragments are often not of sufficient size unless the specific action would affect observed to visit Vandenberg to support the natural diversity the physical or biological features in the monkeyflower) can fly upwards of 8.7 prevalent in an area and thus exhibit a adjacent critical habitat. mi (14,000 m). Based on observations of decline in biodiversity (Noss and The critical habitat designation is other small annual Diplacus species, Cooperrider 1994, pp. 50–54). defined by the map or maps, as small- and medium-sized solitary bees, (d) We considered a critical habitat modified by any accompanying which on average have shorter foraging boundary at a distance of 0.5 mi (0.8 regulatory text, presented at the end of distances than honeybees, are likely an km) from the nine extant locations and this document in the rule portion. We important class of pollinator. Therefore, one potentially extirpated location. This include more detailed information on we use shorter foraging distances of the shorter distance, however, did not the boundaries of the critical habitat small- to medium-sized solitary bees. maintain connectivity of occurrences, designation in the unit descriptions The foraging distances of these bees are did not encompass the remaining native section of this document. We will make

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the coordinates or plot points or both on contain the physical or biological Final Critical Habitat Designation which each map is based available to features essential to the conservation of the public on http:// the species and which may require We are designating four units as www.regulations.gov at Docket No. special management considerations or critical habitat for Vandenberg FWS–R8–ES–2013–0049, on our protection. monkeyflower, all of which are Internet site http://www.fws.gov/ considered occupied. The critical Four units are designated based on ventura/, and at the field office habitat areas described below constitute responsible for the designation (see FOR sufficient elements of physical or our best assessment at this time of areas FURTHER INFORMATION CONTACT above). biological features being present to that meet the definition of critical We are designating critical habitat on support Vandenberg monkeyflower life- habitat. Those four units are: (1) lands that we have determined are history processes. All of the units Vandenberg, (2) Santa Lucia, (3) Encina, within the geographical area occupied contain all of the identified elements of and (4) La Purisima (see Table 1 below). by the species at the time of listing physical or biological features and Table 1 lists the critical habitat units (occupied at the time of listing) and support multiple life-history processes. and the area of each.

TABLE 1—DESIGNATED CRITICAL HABITAT UNITS FOR VANDENBERG MONKEYFLOWER [Area estimates reflect all land within the critical habitat boundary]

Land ownership Total area CH unit Unit name (acres (hectares)) acres Federal State Local agency Private (hectares)

1 ...... Vandenberg ...... 223 (90) ...... 223 (90) 2 ...... Santa Lucia ...... 1,422 (576) 10 (4) 52 (21) 1,484 (601) 3 ...... Encina ...... 1,460 (591) 24 (10) 540 (218) 2,024 (819) 4 ...... La Purisima ...... 1,792 (725) 4 (2) 228 (92) 2,024 (819)

Total 1 ...... 223 (90) 4,674 (1,892) 38 (16) 820 (331) 5,755 (2,329) Note: Area sizes may not sum due to rounding. 1 This total does not include 4,159 ac (1,683 ha) of lands within Vandenberg AFB that were identified as areas that meet the definition of crit- ical habitat but are exempt from critical habitat designation under section 4(a)(3)(B) of the Act (see Exemptions section below).

We present brief descriptions of all Therefore, Unit 1 is composed occupied by the species, and consists of units, and reasons why they meet the entirely of Federal land (100 percent) 1,484 ac (601 ha). This unit includes definition of critical habitat for exclusively owned and managed by the State lands (96 percent) within the Vandenberg monkeyflower, below. Department of Justice (DOJ) and which Reserve, relatively small portions of contains the Lompoc Penitentiary. The local agency lands (for example, school Unit 1: Vandenberg unit consists of the westernmost portion districts, water districts, community Unit 1 is within the geographical area of DOJ lands, from the Vandenberg AFB services districts) (less than 1 percent) occupied by Vandenberg monkeyflower boundary line to roughly the break in and private lands (3 percent). Unit 2 at the time of listing and consists of 223 slope at 100 ft (30 m) in elevation above contains the appropriate vegetation the bottom slope of Santa Lucia Canyon. structure of contiguous chaparral habitat ac (90 ha). Unit 1 is located adjacent to Unit 1 contains the appropriate with canopy gaps (PCE 1) and loose, and between two extant occurrences vegetation structure of contiguous sandy soils (PCE 2) that support (Oak Canyon and Pine Canyon, which chaparral habitat with canopy gaps (PCE Vandenberg monkeyflower. The eastern are located on Vandenberg AFB) and is 1) and loose, sandy soils (PCE 2) that boundary of Vandenberg AFB delineates known to support suitable habitat for support Vandenberg monkeyflower. the western boundary of this unit. Unit Vandenberg monkeyflower. Although Unit 1 provides connectivity of habitat 2 includes most of the Vandenberg and Vandenberg monkeyflower plants are between occurrences, habitat for Santa Lucia Management Units of the not currently present above-ground pollinators, and space for establishment Reserve. Unit 2 extends from Purisima within this unit, the area harbors the of new plants from seeds that are Hills at the northern extent through the PCEs, and is contiguous with and dispersed from adjacent extant width of Burton Mesa to the agricultural between Vandenberg AFB lands that are occurrences of Vandenberg lands south of the Reserve, and to the known to be occupied; thus, the area monkeyflower. eastern boundary of the Vandenberg and within the unit (and the adjacent, The features essential to the Santa Lucia Management Units where contiguous land on Vandenberg AFB) is conservation of the species may require these units abut Vandenberg Village. considered to be within the special management considerations or Unit 2 supports one extant occurrence geographical area occupied by the protection due to threats from invasion (Volans Avenue) and one potentially species at the time of listing. The of nonnative plants. Ground disturbance extirpated occurrence (Lower Santa adjacent land on Vandenberg AFB is within this unit could remove suitable Lucia Canyon) of Vandenberg essential to the conservation of the habitat and create additional openings monkeyflower. Between 2006 and 2011, species; however, we are not for nonnative plants to invade and the Volans Avenue occurrence has designating Vandenberg AFB as critical degrade the quality of the habitat. consisted of no more than 25 habitat within this subunit because we individuals; the potentially extirpated Unit 2: Santa Lucia have exempted Vandenberg AFB from occurrence was last observed in 1985 critical habitat designation under Unit 2 is within the geographical area (see the ‘‘Distribution of Vandenberg section 4(a)(3)(B)(i) of the Act (see occupied by Vandenberg monkeyflower Monkeyflower—Historical Locations’’ Exemptions section below). at the time of listing, is currently section of the proposed listing rule (78

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FR 64840; October 29, 2013)). Unit 2 protection due to threats from invasion Effects of Critical Habitat Designation provides connectivity of habitat of nonnative plants, development, Section 7 Consultation between occurrences within this unit, utility maintenance, and off-road habitat for pollinators, space for vehicle and casual recreational uses Section 7(a)(2) of the Act requires establishment of seeds blown from (including bicycling). These activities Federal agencies, including the Service, upwind seed sources, and space for could remove suitable habitat and to ensure that any action they fund, establishment of new plants from seeds Vandenberg monkeyflower individuals, authorize, or carry out is not likely to that are dispersed from existing result in trampling of individual plants, jeopardize the continued existence of Vandenberg monkeyflower plants and create additional openings for any endangered species or threatened within the unit. nonnatives to invade and degrade the species or result in the destruction or The features essential to the quality of the habitat. adverse modification of designated conservation of the species may require critical habitat of such species. In special management considerations or Unit 4: La Purisima addition, section 7(a)(4) of the Act protection due to threats from invasion requires Federal agencies to confer with of nonnative plants, and activities such Unit 4 is within the geographical area occupied by Vandenberg monkeyflower the Service on any agency action which as utility maintenance, and off-road is likely to jeopardize the continued at the time of listing and consists of vehicle and casual recreational uses. existence of any species proposed to be 2,024 ac (819 ha). Unit 4 contains These activities could remove suitable listed under the Act or result in the mostly State-owned lands (89 percent) habitat and Vandenberg monkeyflower destruction or adverse modification of consisting of most of La Purisima individuals, and create additional proposed critical habitat. Mission SHP and a small portion of the openings for nonnative plants to invade Decisions by the 5th and 9th Circuit and degrade the quality of the habitat. La Purisima Management Unit of the Reserve that is north of La Purisima Courts of Appeals have invalidated our Unit 3: Encina Mission SHP. This unit also contains regulatory definition of ‘‘destruction or adverse modification’’ (50 CFR 402.02) Unit 3 is within the geographical area private land to the east of La Purisima (see Gifford Pinchot Task Force v. U.S. occupied by Vandenberg monkeyflower Mission SHP (11 percent), and a small Fish and Wildlife Service, 378 F. 3d at the time of listing and consists of portion of local agency lands (less than 1059 (9th Cir. 2004) and Sierra Club v. 2,024 ac (819 ha). This unit contains 1 percent) (see Table 1 above). Unit 4 U.S. Fish and Wildlife Service, et al., State-owned lands (72 percent), contains the appropriate vegetation 245 F.3d 434, 443 (5th Cir. 2001)), and including most of the Encina structure of contiguous chaparral habitat we do not rely on this regulatory Management Unit of the Reserve, local with canopy gaps (PCE 1) and loose, definition when analyzing whether an agency lands (1.2 percent), and privately sandy soils (PCE 2) that support action is likely to destroy or adversely owned lands such as areas adjacent to Vandenberg monkeyflower. This unit modify critical habitat. Under the the Clubhouse Estates residential extends approximately from the provisions of the Act, we determine development (27 percent) (see Table 1 Purisima Hills in the north to the above). Unit 3 contains the appropriate destruction or adverse modification on southern boundary of La Purisima the basis of whether, with vegetation structure of contiguous Mission SHP, and between the chaparral habitat with canopy gaps (PCE implementation of the proposed Federal residential communities of Mesa Oaks action, the affected critical habitat 1) and loose, sandy soils (PCE 2) that and Mission Hills to the west and to just support Vandenberg monkeyflower. would continue to serve its intended east of, and outside, the State Park’s conservation role for the species. Unit 3 extends from approximately the eastern boundary. Unit 4 supports two If a Federal action may affect a listed Purisima Hills to the north, through the extant occurrences of Vandenberg species or its critical habitat, the Reserve and to the agricultural lands monkeyflower in La Purisima Mission just south of the Reserve boundary, and responsible Federal agency (action SHP (La Purisima East and La Purisima agency) must enter into consultation is between Vandenberg Village and West). Between 2006 and 2011, more State Route 1 to the east and the with us. Examples of actions that are than 2,000 individuals of Vandenberg subject to the section 7 consultation residential communities of Mesa Oaks monkeyflower have been observed and Mission Hills to the west. Unit 3 process are actions on State, tribal, among the sites on both the east and local, or private lands that require a supports two extant occurrences of west side of Purisima Canyon (see Vandenberg monkeyflower (Clubhouse Federal permit (such as a permit from ‘‘Current Status of Vandenberg Estates and Davis Creek). Between 2006 the U.S. Army Corps of Engineers under Monkeyflower’’ section of the proposed and 2011, hundreds of individuals have section 404 of the Clean Water Act (33 listing rule (78 FR 64840; Otober 29, been observed on more than one U.S.C. 1251 et seq.) or a permit from the 2013). This unit provides connectivity occasion at each of these occurrences Service under section 10 of the Act) or of habitat between occurrences within (see ‘‘Current Status of Vandenberg that involve some other Federal action this unit, habitat for pollinators, space Monkeyflower’’ section of the proposed (such as funding from the Federal for establishment of seeds blown from listing rule (78 FR 64840; October 29, Highway Administration, Federal upwind seed sources, and space for 2013). Unit 3 provides connectivity of Aviation Administration, or the Federal establishment of new plants from seeds habitat between occurrences within this Emergency Management Agency). that are dispersed from existing unit, habitat for pollinators, space for Federal actions not affecting listed establishment of seeds blown from Vandenberg monkeyflower plants species or critical habitat, and actions upwind seed sources, and space for within the unit. on State, tribal, local, or private lands establishment of new plants from seeds The features essential to the that are not federally funded or that are dispersed from existing conservation of the species may require authorized, do not require section 7 Vandenberg monkeyflower plants special management considerations or consultation. within the unit. protection due to threats from invasion As a result of section 7 consultation, The features essential to the of nonnative plants that could reduce we document compliance with the conservation of the species may require the amount and quality of suitable requirements of section 7(a)(2) through special management considerations or habitat. our issuance of:

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(1) A concurrence letter for Federal habitat would continue to serve its military mission of the installation with actions that may affect, but are not intended conservation role for the stewardship of the natural resources likely to adversely affect, listed species species. Activities that may destroy or found on the base. Each INRMP or critical habitat; or adversely modify critical habitat are includes: (2) A biological opinion for Federal those that alter the physical or (1) An assessment of the ecological actions that may affect and are likely to biological features to an extent that needs on the installation, including the adversely affect, listed species or critical appreciably reduces the conservation need to provide for the conservation of habitat. value of critical habitat for Vandenberg listed species; When we issue a biological opinion monkeyflower. As discussed above, the (2) A statement of goals and priorities; concluding that a project is likely to role of critical habitat is to support life- (3) A detailed description of jeopardize the continued existence of a history needs of the species and provide management actions to be implemented listed species and/or destroy or for the conservation of the species. to provide for these ecological needs; adversely modify critical habitat, we Section 4(b)(8) of the Act requires us and provide reasonable and prudent to briefly evaluate and describe, in any (4) A monitoring and adaptive alternatives to the project, if any are proposed or final regulation that management plan. identifiable, that would avoid the designates critical habitat, activities Among other things, each INRMP likelihood of jeopardy and/or involving a Federal action that may must, to the extent appropriate and destruction or adverse modification of destroy or adversely modify such applicable, provide for fish and wildlife critical habitat. We define ‘‘reasonable habitat, or that may be affected by such management; fish and wildlife habitat and prudent alternatives’’ (at 50 CFR designation. enhancement or modification; wetland 402.02) as alternative actions identified Activities that may affect critical protection, enhancement, and during consultation that: habitat, when carried out, funded, or restoration where necessary to support (1) Can be implemented in a manner authorized by a Federal agency, should fish and wildlife; and enforcement of consistent with the intended purpose of result in consultation for Vandenberg applicable natural resource laws. the action, monkeyflower. These activities include, The National Defense Authorization (2) Can be implemented consistent but are not limited to: Act for Fiscal Year 2004 (Pub. L. 108– with the scope of the Federal agency’s (1) Actions that would lead to the 136) amended the Act to limit areas legal authority and jurisdiction, destruction or alteration of Vandenberg eligible for designation as critical (3) Are economically and monkeyflower habitat. Such activities habitat. Specifically, section 4(a)(3)(B)(i) technologically feasible, and could include, but are not limited to, of the Act (16 U.S.C. 1533(a)(3)(B)(i)) (4) Would, in the Director’s opinion, development, road and utility repairs now provides: ‘‘The Secretary shall not avoid the likelihood of jeopardizing the and maintenance, anthropogenic fires, designate as critical habitat any lands or continued existence of the listed species and some casual recreational uses. other geographical areas owned or and/or avoid the likelihood of These activities could lead to loss of controlled by the Department of destroying or adversely modifying habitat; removal of the seed bank; Defense, or designated for its use, that critical habitat. introduction and proliferation of are subject to an INRMP prepared under Reasonable and prudent alternatives invasive, nonnative plants; reduction of section 101 of the Sikes Act (16 U.S.C. can vary from slight project pollinators; and habitat fragmentation. 670a), if the Secretary determines in modifications to extensive redesign or (2) Actions that create ground writing that such plan provides a benefit relocation of the project. Costs disturbance and would lead to to the species for which critical habitat associated with implementing a significant invasive, nonnative plant is proposed for designation.’’ reasonable and prudent alternative are competition. Such activities could We consult with the military on the similarly variable. include, but are not limited to, any development and implementation of Regulations at 50 CFR 402.16 require activity that results in ground INRMPs for installations with listed Federal agencies to reinitiate disturbance and creates additional open species. We analyzed INRMPs consultation on previously reviewed areas for invasive, nonnative plants to developed by military installations actions in instances where we have invade Vandenberg monkeyflower located within the range of the critical listed a new species or subsequently habitat. Invasive, nonnative plants habitat designation for Vandenberg designated critical habitat that may be quickly establish in disturbed areas and monkeyflower to determine if they meet affected and the Federal agency has outcompete native vegetation, including the criteria for exemption from critical retained discretionary involvement or Vandenberg monkeyflower in the sandy habitat under section 4(a)(3) of the Act. control over the action (or the agency’s openings (see Factor A—Invasive, The following areas are Department of discretionary involvement or control is Nonnative Species in the proposed Defense lands with completed, Service- authorized by law). Consequently, listing rule (78 FR 64840; October 29, approved INRMPs within the area that Federal agencies sometimes may need to 2013)). meets the definition of critical habitat request reinitiation of consultation with for Vandenberg monkeyflower. us on actions for which formal Exemptions Approved INRMPs consultation has been completed, if Application of Section 4(a)(3) of the Act those actions with discretionary Vandenberg AFB has a Service- involvement or control may affect The Sikes Act Improvement Act of approved INRMP. The U.S. Air Force subsequently listed species or 1997 (Sikes Act) (16 U.S.C. 670a) (on Vandenberg AFB) committed to designated critical habitat. required each military installation that working closely with us and California includes land and water suitable for the Department of Fish and Wildlife Application of the ‘‘Adverse conservation and management of (CDFW) to continually refine the Modification’’ Standard natural resources to complete an existing INRMP as part of the Sikes The key factor related to the adverse Integrated Natural Resources Act’s INRMP review process. Based on modification determination is whether, Management Plan (INRMP) by our review of the INRMP for this with implementation of the proposed November 17, 2001. An INRMP military installation, and in accordance Federal action, the affected critical integrates implementation of the with section 4(a)(3)(B)(i) of the Act, we

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have determined that certain lands mission, and (6) provide direction for for Vandenberg monkeyflower and has within this installation meet the monitoring strategies. four out of nine extant occurrences. definition of critical habitat, and that Vandenberg AFB completed an Based on the above considerations, conservation efforts identified in this INRMP in May 2011 (Air Force 2011c). and in accordance with section INRMP, as modified by the 2012 The INRMP includes chapters that 4(a)(3)(B)(i) of the Act, we have Addendum, will provide a benefit to identify invasive, nonnative plants on determined that the identified lands are Vandenberg monkeyflower (see the the Base as well as step-down goals for subject to the Vandenberg AFB INRMP following sections that detail this the management of threatened and and addendum, and the conservation determination for the installation). endangered species on the Base. efforts identified in the INRMP Therefore, lands within this installation However, since Vandenberg addendum will provide a benefit to are exempt from critical habitat monkeyflower was not a listed species Vandenberg monkeyflower. Therefore, designation under section 4(a)(3)(B)(i) of at that time, specific goals for this plant lands within this installation are exempt the Act. In summary, we are not were not included. In 2012, the Air from critical habitat designation under including as critical habitat in this final Force approved an addendum to the section 4(a)(3)(B)(i) of the Act. We are rule approximately 4,159 ac (1,683 ha) May 2011 INRMP that addresses not including approximately 4,159 ac on Vandenberg AFB that meet the specific goals for Vandenberg (1,683 ha) of habitat in this final critical definition of critical habitat but are monkeyflower (Air Force 2012). habitat designation because of this exempt from designation under section Management considerations that exemption. 4(a)(3)(B)(i) of the Act. provide a conservation benefit to Consideration of Impacts Under Section Vandenberg monkeyflower in the Vandenberg Air Force Base 4(b)(2) of the Act addendum are: Section 4(b)(2) of the Act states that Vandenberg AFB is headquarters for (1) Avoiding Vandenberg the Secretary shall designate and make the 30th Space Wing, the Air Force’s monkeyflower and its habitat to the revisions to critical habitat on the basis Space Command unit that operates maximum extent practicable by of the best scientific data available after Vandenberg AFB and the Western Test relocating and redesigning proposed taking into consideration the economic Range and Pacific Missile Range. projects, and using biological monitors impact, national security impact, and Vandenberg AFB operates as an during project activities. any other relevant impact of specifying aerospace center supporting west coast (2) Conducting nonnative species any particular area as critical habitat. launch activities for the Air Force, control efforts that target veldt grass The Secretary may exclude an area from Department of Defense, National across Vandenberg AFB. The Air Force critical habitat if she determines that the Aeronautics and Space Administration, has programmed more than $500,000 to benefits of such exclusion outweigh the and commercial contractors. The three treat veldt grass, with funding that benefits of specifying such area as part primary operational missions of started in 2009 and would continue of the critical habitat, unless she Vandenberg AFB are to launch, place, through 2019. determines, based on the best scientific and track satellites in near-polar orbit; (3) Training Base personnel in the data available, that the failure to to test and evaluate the Intercontinental identification of sensitive species and designate such area as critical habitat ballistic missile systems; and to support their habitats, including Vandenberg will result in the extinction of the aircraft operations in the western range. monkeyflower, prior to implementing species. In making that determination, Vandenberg AFB lies on the south- nonnative species control actions. the statute on its face, as well as the central California coast, approximately (4) Implementing a fire response legislative history, are clear that the 275 mi (442 km) south of San Francisco, program, such as a Burned Area Secretary has broad discretion regarding 140 mi (225 km) northwest of Los Emergency Response project, which which factor(s) to use and how much Angeles, and 55 mi (88 km) northwest includes post-fire monitoring, habitat weight to give to any factor. of Santa Barbara. The 99,100-ac (40,104- restoration, erosion control, and ha) base extends along approximately 42 nonnative species management. Consideration of Economic Impacts mi (67 km) of Santa Barbara County (5) Developing a controlled burning Under section 4(b)(2) of the Act, we coast, and varies in width from 5 to 15 program that would include portions of consider the economic impact of mi (8 to 24 km). Vandenberg monkeyflower habitat. specifying any particular area as critical The Vandenberg AFB INRMP was (6) Conducting habitat and threat habitat. In order to consider economic prepared to provide strategic direction assessments to help decide the best impacts, we prepared an incremental to ecosystem and natural resources approach for restoration actions. effects memorandum (IEM) and management on the Base. The long-term (7) Periodic surveys of Vandenberg screening analysis, which, together with goal of the INRMP is to integrate all monkeyflower populations on the Base. our narrative and interpretation of management activities in a manner that Vandenberg AFB supports four extant effects, constitute our DEA of the sustains, promotes, and restores the occurrences of Vandenberg proposed critical habitat designation health and integrity of ecosystems using monkeyflower located in Oak, Pine, and related factors (IEc 2014, entire). an adaptive management approach. The Lakes, and Santa Lucia Canyons. The analysis, dated March 19, 2014, was INRMP was designed to: (1) Summarize Between 2006 and 2011, these four made available for public review from existing management plans and natural locations contained multiple May 6, 2014, through June 5, 2014 (IEc resources literature pertaining to occurrences; in 2010 specifically, more 2014, entire) (79 FR 25797). The DEA Vandenberg AFB, (2) identify and than 5,000 individuals were observed addressed potential economic impacts analyze management goals in existing amongst all occurrences (see of critical habitat designation for plans, (3) integrate the management ‘‘Occurrences Located on Vandenberg Vandenberg monkeyflower. Following goals and objectives of individual plans, AFB’’ section of the proposed listing the close of the comment period, we (4) support Base compliance with rule (78 FR 64840; October 29, 2013)). reviewed and evaluated all information applicable regulatory requirements, (5) Vandenberg AFB provides submitted during the comment period support the integration of natural approximately half of the available that may pertain to our consideration of resource stewardship with the Air Force suitable habitat (Burton Mesa chaparral) the probable incremental economic

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impacts of this critical habitat Burton Ranch Specific Plan area (Unit Exclusions Based on Other Relevant designation. Information relevant to the 3), potentially developable parcels along Impacts probable incremental economic impacts the northern border of Vandenberg Under section 4(b)(2) of the Act, we of critical habitat designation for the Village (Units 2 and 3), the Freeport- also consider any other relevant impacts Vandenberg monkeyflower is McMoRan Inc., parcels overlapping the resulting from the designation of critical summarized below and available in the State-designated Lompoc Oil Field habitat. We consider a number of screening analysis for the Vandenberg (Units 2 and 3), and preferred sites for factors, including whether the monkeyflower (IEc 2014), available at new drinking water wells in the Reserve landowners have developed any HCPs http://www.regulations.gov. (Unit 3). Given the value of possible or other management plans for the area, Critical habitat designation for impacts in these areas, we conclude that or whether there are conservation Vandenberg monkeyflower is unlikely designating critical habitat for partnerships that would be encouraged to generate combined direct and indirect Vandenberg monkeyflower will not by designation of, or exclusion from, costs exceeding $100 million in a single generate combined direct and indirect critical habitat. In addition, we look at year. Data limitations prevent the costs that exceed $100 million in a any tribal issues and consider the quantification of critical habitat benefits single year (i.e., the threshold according government-to-government relationship (IEc 2014, pp. 3, 22, 24). to Executive Order 12866 for All critical habitat units are of the United States with tribal entities. determining if the costs and benefits of We also consider any social impacts that considered occupied. However, regulatory actions may have a Vandenberg monkeyflower is an annual might occur because of the designation. significant economic impact in any one There are currently two management plant that may only be expressed above year). ground once a year or even less plans in existence for State lands at the The changes to Units 1 and 3 Reserve and La Purisima Mission SHP. frequently (Service 2014, p. 15). Even described in this final rule do not though all units contain Vandenberg We considered for exclusion State lands modify the results of the screening monkeyflower seed banks below at the Reserve (3,132 ac (1,268 ha) at the analysis. Additional information and ground, some project proponents may Reserve) and at La Purisima Mission discussion regarding our economic not be aware of the presence of the SHP (1,542 ac (624 ha) at La Purisima analysis is available in our screening species absent a critical habitat Mission SHP), which together account analysis and IEM (IEc 2014, entire; designation. The characteristics of the for approximately 81 percent of the Service 2014, entire) available on the plant make it difficult to determine critical habitat designation. For Internet at http://www.regulations.gov at whether future consultations will result Vandenberg monkeyflower, we Docket No. FWS–R8–ES–2013–0049. from the presence of the listed species considered the following criteria for our or designated critical habitat. Exclusions Based on Economic Impacts exclusion analysis: (1) If the plan was Throughout our analysis (IEc, 2014, complete and provided a conservation entire), we have considered two Our economic analysis did not benefit for the species and its habitat; (2) scenarios: identify any disproportionate costs that if there was a reasonable expectation (1) Low-end scenario. Project are likely to result from the designation. that the conservation management proponents identify the monkeyflower Consequently, the Secretary is not strategies and actions would be at their site, and most costs and benefits exercising her discretion to exclude any implemented into the future, based on are attributable to listing the species. areas from this designation of critical past practices, written guidance, or (2) High-end scenario. Costs and habitat for the Vandenberg regulations; and (3) if the plan provided benefits are attributed to the designation monkeyflower based on economic conservation strategies and measures of critical habitat. impacts. consistent with currently accepted Projects with a Federal nexus within A copy of the screening analysis with principles of conservation biology. Vandenberg monkeyflower critical supporting documents may be obtained We did not exclude these areas from habitat are likely to be rare. We project by contacting the Ventura Fish and this final designation because: (1) These fewer than three projects annually, Wildlife Office (see ADDRESSES) or by lands contain the physical and associated with the Lompoc downloading from the Internet at http:// biological features essential to the Penitentiary, the existing oil pipeline www.regulations.gov. conservation of Vandenberg monkeyflower; (2) the State has and utilities running through the Exclusions Based on National Security developed general management plans Reserve, and road projects using Federal Impacts or Homeland Security Impacts funding (IEc 2014, pp. 3, 12). In the for the Reserve and La Purisima Mission high-end scenario, costs in a single year Under section 4(b)(2) of the Act, we SHP that support a conservation strategy are likely to be on the order of consider whether there are lands owned consistent with currently accepted magnitude of tens to hundreds of or managed by the Department of principles of conservation biology and thousands of dollars (IEc 2014, pp. 3, Defense where a national security that may provide a benefit to 12). In the low-end scenario, assuming impact might exist. In preparing this Vandenberg monkeyflower and its above-ground expression of the final rule, we have determined that no habitat; however, these plans are general monkeyflower, total costs in a single lands within the designation of critical in nature and do not contain specific year will likely be less than $100,000. habitat for Vandenberg monkeyflower management goals for Vandenberg The potential exists for critical habitat are owned or managed by the monkeyflower; and (3) we are to trigger additional requirements under Department of Defense or Department of concerned whether adequate resources the California Environmental Quality Homeland Security, and, therefore, we (i.e., staffing and funding) will be Act (CEQA). In the low-end scenario, anticipate no impact on national available to implement these plans to impacts at all sites except the Burton security or homeland security. protect Vandenberg monkeyflower into Ranch Specific Plan area would be Consequently, the Secretary is not the future. The State is supportive of our attributed to listing Vandenberg exercising her discretion to exclude any critical habitat designation on the monkeyflower. In the high-end scenario, areas from this final designation based Reserve; the State did not provide any properties that could experience on impacts on national security or comments regarding La Purisima relatively larger impacts include the homeland security. Mission SHP. However, we verbally

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discussed designation of critical habitat this final determination or is addressed We have designated areas that are with State Parks staff and received no below. Comments we received are considered occupied; although substantive comments from them. addressed in the following summary Vandenberg monkeyflower plants are Therefore, because the State lands at the and incorporated into the final rule as not presently above ground in some Reserve and La Purisima Mission SHP appropriate. areas of unit 1, we agree with the peer meet the definition of critical habitat, reviewer that these areas are critical for Peer Review the management plans do not include the long-term persistence of the species. management goals specific to In accordance with our peer review With respect to the state lands, as Vandenberg monkeyflower, we have policy published on July 1, 1994 (59 FR described above under ‘‘Exclusions concerns regarding implementation of 34270), we solicited expert opinions Based on Other Relevant Impacts,’’ we these management plans into the future, from three knowledgeable individuals did not exclude the State lands within and the State is generally supportive of with scientific expertise that included the Reserve and La Purisima Mission critical habitat designated on these familiarity with Vandenberg SHP from this final critical habitat lands, the Reserve and La Purisima monkeyflower and its habitat, the designation because: (1) They contain Mission SHP are included in the final geographic region in which the species the physical and biological features critical habitat designation. occurs, and conservation biology essential to the conservation of In preparing this final rule, we have principles. Our request included peer Vandenberg monkeyflower; (2) the determined that there are currently no review of both the proposed listing rule State’s general management plans for permitted HCPs or other management (78 FR 64840) and proposed critical the Reserve and La Purisima Mission plans for Vandenberg monkeyflower habitat rule (78 FR 64446). Although we SHP support a conservation strategy beyond those two identified above, and received responses from all three peer consistent with currently accepted the final designation does not include reviewers on the proposed listing rule, principles of conservation biology and any tribal lands or tribal trust resources. only two commented specifically on the that may provide a benefit to We anticipate no impact on tribal lands, proposed critical habitat rule. We Vandenberg monkeyflower and its partnerships, or HCPs from this critical reviewed all comments received from habitat, but these plans are general in habitat designation. Accordingly, the the peer reviewers for substantive issues nature and do not contain specific Secretary is not exercising her and new information regarding critical management goals important for discretion to exclude any areas from this habitat for Vandenberg monkeyflower. Vandenberg monkeyflower; and (3) we final designation based on other Peer reviewer comments are addressed are concerned whether adequate relevant impacts. in the following summary and resources (i.e., staffing and funding) will incorporated into the final rule as be available to implement these plans to Summary of Comments and appropriate. Recommendations protect Vandenberg monkeyflower into Peer Reviewer Comments Received the future. We will continue to work We requested written comments from with our State partners to address the the public on the proposed designation (1) Comment: One peer reviewer conservation needs of the species, and of critical habitat for Vandenberg stated that designation of lands within we will consider the network of monkeyflower during two comment the Reserve and La Purisima Mission occupied and unoccupied areas when periods. The first comment period SHP as critical habitat is necessary for we develop recovery criteria for a associated with the publication of the preserving the few extant populations of recovery plan in the future. proposed rule to designate critical Vandenberg monkeyflower, and (2) Comment: One peer reviewer said habitat (78 FR 64446) opened on preserving sites for potential new that our description of Vandenberg October 29, 2013, and closed on populations or currently unknown monkeyflower as occurring ‘‘only at low December 30, 2013. We also requested populations. The peer reviewer believes elevations and close to the coast in a comments on the proposed critical that this species likely persists as a distinct region in western Santa Barbara habitat designation and associated DEA metapopulation that consists of a mix of County known as Burton Mesa’’ was too during a comment period that opened currently occupied and unoccupied definitive. The peer reviewer pointed May 6, 2014, and closed on June 5, 2014 patches, and the currently unoccupied out that, although we only know it to (79 FR 25797). We did not receive any patches are critical for the long-term occur on Burton Mesa currently, with requests for a public hearing. We also persistence of the species. Additionally, additional information, we could find contacted appropriate Federal, State, the peer reviewer stated that fires, that it occurs at higher elevations or at and local agencies; scientific floods, anthropogenic disturbances, and other locations (such as in Santa Ynez organizations; and other interested vegetation succession will inevitably Valley where the species was collected parties and invited them to comment on degrade the quality of some currently in 1931). the proposed rule and DEA during these occupied patches, yet improve the Our Response: We agree that it is comment periods. We received State quality of other patches or create new possible that, with additional surveys comments from the CDFW regarding the sandy openings suitable for over time, more populations of the Reserve, but received none from State colonization. Finally, the peer reviewer species may be located at higher Parks regarding La Purisima Mission stated that it is critical to maintain the elevations or outside the currently SHP. network of occupied, unoccupied, and known range. Our Policy on Information During the first comment period, we potential new patches within the region Standards under the Endangered received seven comment letters directly of the metapopulation, particularly for a Species Act (see discussion under addressing the proposed critical habitat species such as the Vandenberg Critical Habitat above) directs us to base designation. During the second monkeyflower that has limited dispersal our decisions on the best scientific data comment period, we received six capabilities and a persistent seed bank. available. It is possible that additional comment letters addressing the Our Response: We agree with the peer populations of Vandenberg proposed critical habitat designation or reviewer that occupied, unoccupied and monkeyflower will be found in the the DEA. All substantive information potential new patches of habitat for VM future, and that they may occur on lands provided during comment periods has are important for the long-term not designated as critical habitat. We either been incorporated directly into persistence and recovery of the species. note, however, that critical habitat

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designated at a particular point in time sensitivity of Vandenberg monkeyflower nexus. Local land use planning and may not include all of the habitat areas and its habitat on Burton Mesa. permitting agencies, such as the County that we may later determine are (5) Comment: The CDFW is concerned of Santa Barbara and the City of necessary for the recovery of the that lands on the Reserve are at risk Lompoc, serve as lead agencies for species. For these reasons, a critical from requests by outside parties to purposes of compliance with CEQA. habitat designation does not signal that obtain additional leases that could The designation of critical habitat on habitat outside the designated area is result in direct effects to Vandenberg private lands will serve to notify these unimportant or may not be needed for monkeyflower (such as removal of agencies concerning the importance of recovery of the species. Areas that are occupied habitat), or indirect effects conserving this habitat for Vandenberg important to the conservation of the (such as from changing adjoining land monkeyflower during project planning species, both inside and outside the uses and fragmenting remaining areas). and review. critical habitat designation, will CDFW stated that they specifically (7) Comment: The CDFW noted that continue to be subject to: (1) support critical habitat designation on Reserve lands include numerous Conservation actions implemented the 106 ac (43 ha) that the Vandenberg easements by various entities; unmarked under section 7(a)(1) of the Act, (2) Village Community Services District rights-of-way; and old and sometimes regulatory protections afforded by the (VVCSD) requested for exclusion from abandoned infrastructure. In addition, requirement in section 7(a)(2) of the Act the critical habitat designation because the Central Coastal Water Authority’s for Federal agencies to insure their CDFW believes this area supports (CCWA) State water-line traverses actions are not likely to jeopardize the Vandenberg monkeyflower and other Vandenberg monkeyflower habitat just continued existence of any endangered rare and endangered plant and animal north of the Reserve. CDFW stated that or threatened species, and (3) the species, provides essential connectivity maintenance and emergency repairs of prohibitions of section 9 of the Act. for wildlife, and contains the only such infrastructure should address These protections and conservation perennial stream (Davis Creek) in the conservation and protection of this tools will continue to contribute to Reserve. habitat area. recovery of this species. Similarly, Our Response: We agree with CDFW Our Response: We appreciate this critical habitat designations made on the that leases could affect Vandenberg information and look forward to basis of the best available information at monkeyflower and its habitat. Because working with the CDFW to develop best the time of designation will not control the 106 ac (43 ha) that the VVCSD management practices that could be the direction and substance of future requested to exclude from the final used during routine maintenance recovery plans, HCPs, or other species critical habitat designation contains the activities, emergency repairs, and other conservation planning efforts if new physical or biological features essential opportunities that may arise. These information available at the time of to conservation of the species, including practices would likely be important to these planning efforts calls for a a known population of Vandenberg contribute to the conservation of different outcome. monkeyflower, and do not otherwise Vandenberg monkeyflower and its meet our standards for excluding areas habitat. State Comments Received from the designation, we are not (8) Comment: The CDFW commented (3) Comment: The CDFW is generally excluding this area within the Reserve that designating critical habitat on the supportive of critical habitat on the from the final critical habitat Clubhouse Estates project area would be Reserve because it would assist the designation. beneficial for the conservation of Department in obtaining funding and (6) Comment: The CDFW suggested Vandenberg monkeyflower. grants to enhance management and that the designation of critical habitat on Our Response: We appreciate the recovery of the species and its habitat. the Reserve and nearby private lands comment. In the revised proposed rule Our Response: We appreciate the would strengthen their ability to protect to designate critical habitat (79 FR State’s comment. biological resources, such as 25797), we added 24 ac (10 ha) of (4) Comment: The CDFW suggested Vandenberg monkeyflower, and help private land inadvertently left out of the that designation of critical habitat ensure avoidance measures and original proposal to Unit 3 of the would provide an additional level of mitigation efforts are undertaken for this proposed critical habitat designation (78 attention and protection for areas species. FR 64446). The 24 ac (10 ha) is on a known to support the species and its Our Response: Under the Act, the portion of the open space parcel at pollinators. only regulatory effect of a critical habitat Clubhouse Estates. This portion of the Our Response: We appreciate CDFW’s designation is that Federal agencies open space parcel meets the definition concern for protection of Vandenberg must ensure that their actions do not of critical habitat for Vandenberg monkeyflower, its habitat, and its destroy or adversely modify critical monkeyflower and contains the physical pollinators. The benefits of designating habitat under section 7. While non- or biological features essential to the critical habitat for Vandenberg Federal entities that receive Federal conservation of Vandenberg monkeyflower include, but are not funding, assistance, or permits, or that monkeyflower, and is contiguous with limited to, public awareness of the otherwise require approval or Reserve lands that also support presence of Vandenberg monkeyflower, authorization from a Federal agency for Vandenberg monkeyflower. See the importance of habitat protection, an action, may be indirectly impacted Summary of Changes from October 29, and in cases where a Federal nexus by the designation of critical habitat, the 2013, Proposed Rule above. exists, the potential for greater habitat legally binding duty to avoid (9) Comment: The CDFW noted that protection for Vandenberg destruction or adverse modification of there is potential for oil and gas monkeyflower due to the legally binding critical habitat rests squarely on the exploration and development to occur duty of Federal agencies to avoid Federal agency. The designation of on lands adjoining the Reserve, and that destruction or adverse modification of critical habitat on private lands does not directional drilling, hydraulic fracking, critical habitat. Therefore, the rules impose a legally binding duty on non- or steam injection techniques could designating critical habitat and listing Federal Government entities or private affect surface resources on the Reserve. the species as an endangered species parties, although, again, there may be Our Response: In our proposed rule to serve to educate the public on the indirect impacts if there is a federal list Vandenberg monkeyflower, we

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discussed that there were oil and gas hydraulic fracking on surface resources (12) Comment: Three commenters fields adjacent to Burton Mesa (see in the Reserve. Therefore, data submitted similar comments regarding Background—Land Ownership section limitations prevent us from estimating their concern that designation of critical in the proposed listing rule (78 FR the potential for economic impacts habitat would limit recreational 64840)). However, we did not identify associated with this activity. activities for local residents in Burton these activities as threats to the species Mesa chaparral. Specifically, these Other Comments Received because we had no information commenters are concerned that the regarding the potential for them to affect (11) Comment: One commenter critical habitat designation would Vandenberg monkeyflower or its suggested that we open a nursery at the reduce mountain bicycling habitat. There has been an increase in Lompoc Penitentiary and transplant all opportunities for the local residents. oil well permit applications in Santa Vandenberg monkeyflowers to this Our Response: The only regulatory Barbara County over the past 5 years nursery. The commenter believes that effect of a critical habitat designation is (IEc 2014); even so, we have no specific letting the prisoners raise Vandenberg that Federal agencies must ensure that information regarding the extent that monkeyflower would save the species their actions do not destroy or adversely these activities may occur in the future, from being endangered and it would modify critical habitat under section 7 or the extent that they may affect surface also create a profit for the prison of the Act. While non-Federal entities resources on the Reserve. However, because they could sell Vandenberg that receive Federal funding, assistance, should these activities be proposed in monkeyflower that is grown in the or permits, or that otherwise require the future, they may be subject to review nursery. approval or authorization from a Federal by Santa Barbara County pursuant to Our Response: We agree that agency for an action, may be indirectly CEQA depending on the impact to cooperation among agencies is impacted by the designation of critical environmental resources and whether important to prevent further losses of habitat, the legally binding duty to there is a possible impact to a sensitive currently occupied habitat, as well as avoid destruction or adverse species or its habitat. State oil and gas for developing options for future modification of critical habitat rests fields are regulated by the California management and conservation of squarely on the Federal agency. Department of Conservation, Division of Vandenberg monkeyflower. However, For State lands included in the Oil, Gas, and Geothermal Resources. section 2(b) of the Act directs us ‘‘to critical habitat designation (i.e., the (10) Comment: The CDFW states that provide a means whereby the Reserve and La Purisima Mission SHP), there is potential for oil and gas ecosystems upon which endangered and recreational activities, including exploration to occur on lands adjoining threatened species depend may be mountain-biking, are regulated and the Reserve, and that directional drilling conserved.’’ Because approximately 50 managed by the CDFW (in the case of beneath the Reserve for hydraulic percent of the habitat on which the Reserve) and California State Parks fracking or steam injection could Vandenberg monkeyflower occurs still (in the case of La Purisima Mission adversely affect surface resources. The remains, and this habitat contains the SHP). Mountain-biking is prohibited at CDFW explains that the designation of appropriate physical or biological the Reserve, and is restricted to critical habitat would provide an features essential to the conservation of additional layer of protection for the authorized roads and trails at La the species, we expect this remaining species, and would help ensure that Purisima Mission SHP. These State habitat would support the recovery of avoidance measures and mitigation agencies have already completed efforts are undertaken to protect the the species with appropriate analyses of the potential impacts of species. The CDFW is in favor of the management and conservation actions. various recreational activities on the proposed designation. The critical habitat designation will natural resources they manage; these Our Response: As discussed in the provide an educational tool to our analyses are contained in their DEA, there has been an increase in oil partners regarding the importance of management plans (Gevirtz et al. 2007; and gas permit applications in Santa managing the remaining habitat California State Parks 1991) and other Barbara County over the past 5 years appropriately. regulatory documents. The designation (IEc 2014, p. 19). It is possible that new Specific recovery objectives and of critical habitat on these lands directional drilling projects could be criteria to delist Vandenberg imposes no additional restrictions on initiated in the area, but it is difficult to monkeyflower in the future will be these uses beyond what is imposed by predict whether these may occur within developed during the formal recovery these State agencies. For Federal lands the critical habitat area. Because new planning process. This process will included in the critical habitat directional drilling technologies are involve species experts, scientists, and designation, the Bureau of Prisons rapidly being developed and becoming interested members of the public, in manages Lompoc Penitentiary, and economically viable, it is unclear accordance with the interagency policy riding bicycles by members of the whether a new project may involve on recovery plans under the Act, public is prohibited. On private lands, hydraulic fracking, steam injection, or a published on July 1, 1994 (59 FR the designation of critical habitat does different drilling technique. 34272). We anticipate that recovery not impose a legally binding duty on Furthermore, hydraulic fracking and objectives and criteria for Vandenberg non-Federal government entities or steam injection are relatively new monkeyflower will focus on in situ private parties. techniques and there is limited (within its natural habitat) conservation In summary, the designation of knowledge and evidence of their efforts, and whether ex situ (outside of critical habitat requires Federal agencies potential to affect surface resources. Due its natural habitat) conservation efforts not to destroy or adversely modify to these uncertainties, data limitations such as propagating plants in a nursery critical habitat, but does not impose any prevent us from quantifying the are called for would be determined additional regulations or prohibitions likelihood or magnitude of such through the recovery planning process. beyond those described above on the directional drilling involving hydraulic We look forward to working with the current management that the State fracking in areas designated as critical Bureau of Prisons during the recovery agencies administer at the Reserve or La habitat. Thus we are unable, at this planning process to determine how they Purisima Mission SHP, or that private time, to estimate the potential impact of can assist in the recovery of the species. landowners impose on their lands.

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(13) Comment: One commenter stated designation would prevent public use of mountain biking was not addressed in that he has lived and enjoyed the the Reserve and La Purisima Mission the DEA. chaparral near Vandenberg Village since SHP. See our response to Comments 12 (16) Comment: A mountain-biking he was child, and as an adult he enjoys and 13 above regarding what duty the association stated that studies have been it often by running, walking dogs, riding designation of critical habitat places on done to suggest that mountain bicycles off-road bikes, and geo-caching. The non-Federal landowners and non- and hiking have similar impacts on commenter stated that these experiences Federal agencies and the relationship of wildlife. The commenter stated that, provide a healthy respect for the designating critical habitat to the without specific studies on how environment, and the government current management at the Reserve and mountain-bike use would impact should not pursue respect of the La Purisima Mission SHP; designation Vandenberg monkeyflower, it would be environment by outlawing the of critical habitat would not affect the premature to limit or halt the use of enjoyment of the surrounding current management plans of these State mountain bikes in Burton Mesa environment through legislation. We lands. chaparral habitat. interpret the commenter’s statement that Regarding educating the public on the Our Response: In the proposed rule to ‘‘Ordinary, casual, non-invasive access sensitivity of the chaparral habitat, in list Vandenberg monkeyflower as an to public lands should never be the case of Vandenberg monkeyflower, endangered species (78 FR 64840), we criminalized’’ to reflect the commenter’s the benefits of critical habitat include stated that the available information did belief that a critical habitat designation public awareness of the presence of not indicate the extent and degree to for a federally endangered plant would Vandenberg monkeyflower, the which mountain biking may be directly prevent further access to public lands importance of habitat protection, and in impacting Vandenberg monkeyflower that harbor chaparral habitat. cases where a Federal nexus exists, the habitat on the Reserve, which accounts Our Response: Recreational activities potential for greater habitat protection for much of the Burton Mesa chaparral on the Reserve and at La Purisima for the species due to the legally binding habitat within our critical habitat Mission SHP are governed by state duty of Federal agencies to avoid designation. However, we have recently been informed by CDFW that management plans. According to the destruction or adverse modification of unauthorized mountain-bike use on the Reserve’s management plan, hiking on critical habitat (see ‘‘Exclusions— Reserve has been increasing, and that designated trails, wildlife watching, Application of Section 4(b)(2) of the CDFW law enforcement staff have environmental education, walking with Act’’ section in the proposed critical recently been meeting with local biking a pet on a leash less than 10 ft (3 m) in habitat rule) (78 FR 64446). Therefore, groups to discuss these issues. length, and research allowed by the the final rules to designate critical CDFW are public recreational uses With respect to the biological impacts habitat and list Vandenberg that mountain bikes may have to allowed at the Reserve (Gevirtz et al. monkeyflower as an endangered species 2007, p. 70). In addition, according to sensitive resources, we note that the serve to educate the public on the the La Purisima Mission SHP commenter did not provide information sensitivity of this species and its habitat management plan, current recreational regarding studies on biking and hiking on Burton Mesa. uses allowed by State Parks include impacts. Nevertheless, in our proposed tours (guided mission tours and self- (15) Comment: A mountain-biking rule to list Vandenberg monkeyflower as guided tours); nature walks, hiking, association noted that the DEA an endangered species (78 FR 64840), jogging, dog-walking, and horseback (screening memo and associated IEM) we discuss threats to this species and its riding on designated trails; and do not discuss nor provide evidence of habitat from recreational activities (see picnicking (California State Parks 1991, the effects of human recreation on the Factor A—The Present or Threatened p. 148). However, riding of off-road proposed critical habitat, specifically Destruction, Modification, or bikes is not an allowed recreational effects related to bicycling. Curtailment of Its Habitat or Range— activity at the Reserve, and is restricted Our Response: The purpose of the Recreational and Other Human to authorized roads and trails at La DEA is to discuss the economic impacts Activities); studies have shown that Purisima Mission SHP. As stated above that critical habitat designation may wheeled recreational activities likely (see our response to Comment 12 have, above and beyond the listing of contribute to the spread of invasive, above), the designation of critical the species, to various sectors of the nonnative plant species at other habitat would not preclude the community. Recreational activities, locations (Gelbard and Belnap 2003; recreational activities already allowed at including mountain-biking, are Gevirtz et al. 2005, p. 225). Therefore, the Reserve and La Purisima Mission regulated by the CDFW (in the case of while there may not be studies SHP, nor create additional restrictions. the Reserve) and California State Parks regarding the effects of mountain biking Therefore, the public would be able to (in the case of La Purisima Mission on Vandenberg monkeyflower participate in the recreational activities SHP) on the lands they manage. specifically, we identified invasive, as allowed under the management plans Mountain-biking is prohibited on nonnative plants as the greatest threat to of the Reserve and La Purisima Mission Reserve lands, and restricted to this species and its habitat, and it is SHP, respectively. authorized roads and trails on La likely that this type of impact occurs (14) Comment: Two commenters Purisima Mission SHP. These State within the Reserve along the travel suggested that primary action for us to agencies have already developed routes, some of which occur within conserve Vandenberg monkeyflower management plans that define the types Burton Mesa chaparral (Vandenberg would be to educate the public on the of recreational activities on the natural monkeyflower) habitat. sensitivity of the chaparral as opposed resources they manage (Gevirtz et al. Restrictions on mountain bike use are to ‘‘closing it down’’ and ‘‘locking the 2007; California State Parks 1991)The a result of State direction as opposed to public away from it.’’ designation of critical habitat on these a restriction associated though a critical Our Response: Absent explanation lands imposes no additional restrictions habitat designation. Specifically, for from the commenters, we have assumed beyond what is imposed by these State State lands included in the critical that ‘‘closing it down’’ and ‘‘locking the agencies. Consequently, there is no habitat designation, mountain-biking is public away from it’’ refers to the economic impact to the mountain- prohibited at the Reserve, and is commenters’ concern that the biking community, and that is why restricted to authorized roads and trails

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at La Purisima Mission SHP. The State Vandenberg monkeyflower and its monkeyflower and its habitat into the agencies have completed analyses of habitat, and thus the Air Force is future. Therefore, because these lands potential mountain biking impacts on exempt from critical habitat per section meet the definition of critical habitat natural resources that they manage. See 4(a)(3)(B)(i) of the Act. Finally, we note and contain the physical or biological also our response to Comment 12. that the commenter did not include features essential to the conservation of (17) Comment: One commenter reference to any particular area in which the species, and we have concerns supported the designation of critical they were concerned. regarding the implementation of the habitat because it would greatly increase (19) Comment: One commenter management plans in the future, we Vandenberg monkeyflower’s chance of suggested that we should not exclude have not excluded the Reserve and La survival. lands from the final critical habitat Purisima Mission SHP in the final Our Response: We appreciate the designation that are managed by the critical habitat designation (see commenter’s support to designate State at the Reserve and La Purisima Exclusions Based on Other Relevant critical habitat for this species. The Mission SHP because their existing Impacts section). potential benefits of designating critical management plans are general plans and (20) Comment: One commenter habitat for Vandenberg monkeyflower are not implemented specifically to suggested that among the economic include, but are not limited, to: (1) protect Vandenberg monkeyflower. The benefits and impacts of designating Focusing conservation activities on the commenter stated that the benefits of critical habitat, the Service should most essential features and areas; (2) including State lands at the Reserve and consider such benefits as the ecological providing educational benefits to State the La Purisima Mission SHP as value of protecting the maritime or county governments, private entities, designated critical habitat would chaparral of Burton Mesa, the added and the public; and (3) reducing the enhance protection for Vandenberg benefit of the public’s enjoyment of potential for the public to cause monkeyflower, even if the existing nature, and the natural heritage of inadvertent harm to the species. general plans overlap or duplicate California and Santa Barbara County. (18) Comment: One commenter future protections on these lands. encouraged us to consider unoccupied Our Response: Under section 4(b)(2) Our Response: We acknowledge the habitat for the critical habitat of the Act, the Secretary may designate comment. Critical habitat designation designation, specifically where the and make revisions to critical habitat on can also result in ancillary conservation species could be recovered in light of the basis of the best available scientific benefits to Vandenberg monkeyflower the extent of habitat loss of Vandenberg data after taking into consideration the and its habitat by educating the public monkeyflower. economic impact, the impact on and local agencies, such as the County Our Response: Under the first prong national security, and any other relevant of Santa Barbara, about the importance of the Act’s definition of critical habitat, impact of specifying any particular area of conserving Burton Mesa chaparral areas within the geographic area as critical habitat. We consider a habitat. Section 4(b)(2) of the Act directs occupied by the species at the time it is number of factors when excluding areas us to take into consideration the listed are included in a critical habitat from critical habitat designations, economic impact, the impact on designation if they contain physical or including (but not limited to) whether national security, and any other relevant biological features (1) which are landowners have developed any HCPs impact, of specifying any particular essential to the conservation of the or other management plans for the area; areas as critical habitat. We recognize species and (2) which may require whether there are conservation that there may be economic benefits special management considerations or partnerships that would be encouraged from the additional beneficial services protection. Under the second prong of by designation of, or exclusion from, that derive from conservation efforts but the Act’s definition of critical habitat, critical habitat; tribal issues; and other are not the purpose of the Act (i.e., we can designate critical habitat in areas relevant impacts. For Vandenberg ancillary benefits). However, due to outside the geographic area occupied by monkeyflower, we considered if the existing data limitations, we were the species at the time it is listed, upon current land management plans at the unable to monetize these beneficial a determination that such areas are Reserve and La Purisima Mission SHP services during the development of the essential for the conservation of the provide adequate management or economic analysis. species. We designate critical habitat in protection (see Exclusions Based on Comment Regarding Critical Habitat areas outside the geographic area Other Relevant Impacts for additional Unit Boundaries occupied by a species only when a discussion). designation limited to its range would For both the Reserve and La Purisima (21) Comment: One commenter was be inadequate to ensure the Mission SHP, the commenter is correct supportive of our proposal to designate conservation of the species. in that the general management plans critical habitat and our inclusion into In the case of Vandenberg are not implemented specifically to critical habitat of areas with suitable monkeyflower, we are designating protect Vandenberg monkeyflower. Both habitat on Burton Mesa where the critical habitat under the first prong of the general management plans address species may grow due to the shifting the Act because we determined that the the above criteria to some degree for nature of Vandenberg monkeyflower area that is within the geographic range exclusion of lands from critical habitat and its habitat. However, the commenter of the species contains the physical or designation; for instance, they support a questioned the boundaries of critical biological features that are essential to conservation strategy consistent with habitat because we did not include Vandenberg monkeyflower and would currently accepted principles of certain areas in Unit 2 (Santa Lucia) that be adequate for the conservation of the conservation biology that would provide were impacted by nonnative species and species. In addition, habitat that is a benefit to Vandenberg monkeyflower vehicle trackways (e.g., the racetrack), essential to Vandenberg monkeyflower habitat. However, based on which makes the unit unnecessarily occurs on Vandenberg AFB; however, conversations with staff at the Reserve fragmented. The commenter stated that we did not designate critical habitat on and La Purisima Mission SHP, we have we should include additional areas Vandenberg AFB because the Air Force concerns whether the resources will be between Units 3 (Encina) and 4 (La has an approved INRMP, which available to adequately implement these Purisima), and northeast of Unit 3 provides a conservation benefit to plans to protect Vandenberg because suitable habitat is present.

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Our Response: We conducted an for normal behavior; (2) food, water, air, geographical area occupied by the evaluation of the specific areas light, minerals, or other nutritional or species, at the time it is listed in suggested by the commenter as physiological requirements; (3) cover or accordance with the Act, on which are potentially containing habitat to shelter; (4) sites for breeding, found those physical or biological determine if they may have the physical reproduction, or rearing (or features: (a) Essential to the or biological features essential to the development) of offspring; and (5) conservation of the species, and (b) conservation of the species and may habitats that are protected from Which may require special management require special management disturbance or are representative of the considerations or protection; and (2) considerations or protection. We used historical, geographical, and ecological Specific areas outside the geographical aerial photographs (Google Earth 2012) distributions of Vandenberg area occupied by the species at the time and soil series mapped by the Natural monkeyflower. it is listed, upon a determination that Resources Conservation Service (Soil Combined with the criteria used to such areas are essential for the Conservation Service 1972). We found identify critical habitat, we evaluated conservation of the species. Areas that that neither the suggested areas within the best available information and used currently support nonnative species, Unit 2 nor the area northeast of Unit 3 the best scientific data available. Based such as veldt grass or eucalyptus and consist of the appropriate soil types as on our current knowledge of the pine groves, may not visually appear to described in the Physical or Biological physical or biological features and be suitable habitat for Vandenberg Features—Loose Sandy Soils section of habitat characteristics required to monkeyflower. However, physical or the proposed critical habitat rule (78 FR sustain the species’ life-history biological features relied upon by the 64446). Additionally, the ridge between processes, we determined that the species are present. Units 3 and 4 was at a higher elevation structure of the maritime chaparral For example, appropriate soil types than we used for our mapping criteria, habitat and loose sandy soils are are present throughout the areas with which was based in part on the appropriate PCEs for Vandenberg invasive, nonnatives present, and it is elevations of known populations of monkeyflower (see Primary Constituent probable that pollinators and seed Vandenberg monkeyflower. Elements (PCEs) for Vandenberg dispersers traverse areas consisting of Consequently, these areas do not meet Monkeyflower). We note that, although nonnative plants adjacent to and in the definition of critical habitat for the commenter stated the PCEs in and between Vandenberg monkeyflower Vandenberg monkeyflower and thus of themselves may appear overly broad, populations (see Criteria Used To were not included in this final rule. the commenter provided no new Identify Critical Habitat and Physical or information to help better define the Biological Features—Contiguous Adequacy of PCEs PCEs or improve the criteria we used to Chaparral Habitat sections for (22) Comment: One commenter delineate boundaries. additional pollinator discussion). In questioned the Primary Constituent (23) Comment: One commenter stated addition, with special management of Elements (PCEs) we identified, stating we should have excluded in the text the habitat that currently consists of that the PCEs (maritime chaparral description of the PCEs those areas that nonnative plants, these areas could communities of Burton Mesa and loose consist of consolidated soils because support new or expanded populations sandy soils) described in the proposed they are not suitable for Vandenberg of Vandenberg monkeyflower and its critical habitat designation are overly monkeyflower. habitat, as well as associated life-history general and encompass large areas that Our Response: Consolidated soils may processes, in the future. Therefore, we are not currently occupied by the appear to be less suitable than loose have included in the critical habitat species, and that the link between the sandy soils for Vandenberg designation those areas containing the PCEs and these areas is not clear or monkeyflower and its associated life- physical or biological features essential supported by evidence. history processes. We sought to find a to the conservation of the species that Our Response: Under the Act and its means of separating out such are occupied at the time of listing and implementing regulations, we are consolidated soils from loose sandy that may require special management required to identify the physical or soils; however, the best available data considerations or protection, including biological features essential to the (as mapped by NRCS) includes a some areas that currently support conservation of Vandenberg combined mix of consolidated and loose nonnative species. monkeyflower in areas occupied at the sandy soils. It is also quite likely that (25) Comment: One commenter stated time of listing, focusing on the features’ both the consolidated and loose sandy that no explanation was given as to why PCEs. We consider PCEs to be the soils provide suitable substrate and we needed to include all extant elements of physical or biological vegetation for certain ground-nesting populations outside of Vandenberg AFB features that provide for a species’ life- pollinators. For these reasons, we did in the proposed critical habitat history processes and are essential to not exclude consolidated soils when we designation. the conservation of the species. In created/developed PCEs for Vandenberg Our Response: As discussed above, determining which areas within the monkeyflower. We note further that the the purpose of designating critical geographic area occupied by the species commenter did not provide any habitat is to identify the physical or at the time of listing to designate as additional information that would assist biological features essential to the critical habitat, we consider the physical us in excluding these soils. conservation of a threatened or or biological features that are essential (24) Comment: One commenter stated endangered species in areas occupied at to the conservation of the species and we should have excluded areas that are the time of listing that may require which may require special management currently dominated by nonnative special management considerations or considerations or protection. Therefore, species, such as veldt grass or protection. In the case of Vandenberg we considered the areas occupied by the eucalyptus and pine groves, because monkeyflower, the Burton Mesa species, and the elements of the these areas do not contain the ‘‘essential chaparral community, which harbors physical or biological features that features.’’ the full range of the species, has already provide for this species’ life-history Our Response: Critical habitat is sustained a loss of approximately 53 processes, including: (1) Space for defined in section 3 of the Act as: (1) percent over the last 80 years (Service individual and population growth and The specific areas within the 2012a; Hickson 1987). Moreover, the

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number of Vandenberg monkeyflower various dispersability models, and (2) dependent on the availability of floral populations and the number of compare how well the models simulated resources, among other things. individuals are small when compared to field studies of seed dispersal distances Pollinators for Vandenberg other annual species (see, for example, for four species. The study, therefore, monkeyflower likely fly longer Keith 1998, pp. 1076–1090; Natureserve did not attempt to determine long- distances to gather required resources in 2012, pp. 21–22). Because the size and distance seed dispersal distances for the less favorable years given that it is a number of populations are small, and four species. Further, we conducted an small annual species that shows high the habitat has already been subjected to additional review of the best available variability in its expression depending substantial losses over the last 80 years, literature regarding seed dispersal on climatic conditions, and that other additional losses of habitat that support distances and recognize that flowering plants within the maritime the life-history processes reduce the determining long-distance seed chaparral habitat are also affected by the likelihood of the long-term persistence dispersal distances for any species is annual variation in climatic conditions. of the species. These factors contributed challenging (see Contiguous Chaparral Thus, when determining which areas to our determination that the remaining Habitat and Summary of Changes From should be critical habitat for suitable habitat (including habitat October 29, 2013, Proposed Rule Vandenberg monkeyflower, we supporting all populations outside of sections above). More importantly, we considered habitat potentially used by Vandenberg AFB) for Vandenberg realize we did not explain how short- pollinators in both favorable and monkeyflower is essential to the distance seed dispersal and long- unfavorable years to assist us in conservation of the species. distance seed dispersal differ with developing the pollinator foraging (26) Comment: One commenter stated respect to the long-term persistence of distance criteria for delineating critical that seed dispersal distances, which the the species, even if the latter cannot be habitat boundaries. Service uses as part of the methodology precisely determined. Therefore, we (28) Comment: One commenter stated to delineate proposed critical habitat have provided a revised discussion of that the discussion we included in the boundaries for Vandenberg seed dispersal for Vandenberg proposed rule regarding bumblebee monkeyflower, are based on monkeyflower in the discussion of foraging distances (see Criteria Used To inappropriate examples, such as Greene Contiguous Chaparral Habitat (see Identify Critical Habitat) was irrelevant and Johnson (1995). The commenter Summary of Changes From October 29, to Vandenberg monkeyflower, since believes this reference is not appropriate 2013, Proposed Rule and Physical or they are not considered potential because the study focused on long- Biological Features sections). pollinators for this plant. distance dispersal of tree seeds that are Our Response: We have provided a specifically adapted to wind dispersal, Comments Regarding Pollinators and revised discussion of pollinator foraging rather than small-statured annual plant Pollinator Foraging Distances distances in this final rule (see species like Vandenberg monkeyflower. (27) Comment: One commenter stated Summary of Changes from October 29, Rather, the commenter suggested using that pollinators would only use 2013, Proposed Rule and Criteria Used examples such as Soons et al. (2004), maximum foraging distances under To Identify Critical Habitat sections). which show dispersal distances of less highly stressed conditions, as compared We agree that bumblebee foraging than 33 ft (10 m) that may be more to shorter distances that are more distances are not appropriate to appropriate to compare with commonly used. reference with respect to Vandenberg Vandenberg monkeyflower. Our Response: Regarding our use of Our Response: We agree that the maximum pollinator foraging distances monkeyflower because they are not discussion concerning seed dispersal rather than average foraging distances to likely pollinators. Therefore, we discuss distances could be improved, help delineate critical habitat foraging distances of small- to medium- specifically with regard to how boundaries, we note the following: A sized bees that are more likely dispersal distances were used as one recent discussion of pollinator foraging pollinators than bumblebees for criterion to help delineate boundaries of distances by Zurbechen et al. (2010, Vandenberg monkeyflower. the proposed critical habitat. Therefore, entire) concludes that earlier studies on (29) Comment: One commenter stated we have provided revised text to clarify foraging distances had generally that we inappropriately focused on a the seed dispersal discussion in the underestimated the maximum distances study by Steffan-Dewenter and Contiguous Chaparral Habitat section of flown, such as those calculated based on Tscharntke (2000) that discusses this rule. We acknowledge that one of body size (e.g., Gathmann and foraging distances for honeybees, rather the references cited (i.e., Greene and Tscharntke 2002, entire). For instance, than considering the foraging distances Johnson 1995) focused on long-distance the small solitary bee Hylaeus of solitary bee species that are more dispersal of tree seeds rather than punctulatissimus (no common name) likely between 164 and 1,640 ft (50 and annual plant species. However, we note had a maximum foraging distance of 500 m). The commenter believes the that we did not compare the dispersal 3,609 ft (1,100 m), and the medium- actual foraging distance is more distances of the tree seeds with those of sized solitary bee Chelostoma rapunculi appropriate to consider than maximum Vandenberg monkeyflower; we used (no common name) had a maximum foraging distance. this reference specifically to make the foraging distance of 4,183 ft (1,275 m) Our Response: Relative to our use of point that seeds may be caught in wind (Zurbechen et al. 2010, p. 674). They a study by Steffan-Dewenter and updrafts that could carry them longer also found that most individual bees Tscharntke (2000, entire), we have distances than horizontal winds. within each species typically flew rewritten the discussion of pollination We also reviewed Soons et al. (2004), shorter distances, with 75 percent of H. ecology for Vandenberg monkeyflower which the commenter suggested could punctulatissimus and Hoplitis adunca and the discussion of pollinator flight be more analogous to Vandenberg (another medium-sized solitary bee) distances in the Criteria Used To monkeyflower for examining potential individuals flying no farther than 1,312 Identify Critical Habitat section of this seed dispersal distances. We found that ft (400 m) and 2,297 ft (700 m), final rule. In addition, see our response the focus of the Soons et al. (2004) study respectively (Zurbechen et al. 2010, pp. to Comment 27 relative to using was to: (1) Determine which intrinsic 671–675). We agree with the commenter maximum foraging distances of and extrinsic factors were used in that pollinator flight distances would be pollinators, including the need to

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consider areas used by pollinators in the presence of various State and Management Considerations or both favorable and unfavorable years. Federal lands that are protected either Protection). (30) Comment: One commenter stated through conservation purpose (Reserve (32) Comment: One commenter stated that, although bees require nearly and La Purisima Mission SHP) or by that the proposed critical habitat continuous habitat for foraging, habitat conservation plan (Vandenberg AFB designation refers to Young et al. (1996) need not be in every direction out from INRMP), in addition to land that was for evidence that habitat fragmentation the apiary (i.e., hive or nest). As such, purchased for mitigation for the Burton results in a loss of genetic variation (see the commenter believes the existing Ranch Project site and now is owned by Criteria Used To Identify Critical areas of reserves and conservation areas the Land Trust for Santa Barbara Habitat section in the proposed critical on State and Federal land are adequate County. habitat rule (78 FR 64446)), and further for conservation of Vandenberg Our Response: Critical habitat is stated that the authors concluded that monkeyflower. defined in section 3 of the Act as: (1) genetic losses are primarily a result of Our Response: We agree with the The specific areas within the genetic bottlenecks at the time of commenter’s understanding that bees geographical area occupied by the fragmentation; the proposed critical require nearly continuous habitat for species, at the time it is listed in habitat rule asserted that separating foraging but that suitable habitat need accordance with the Act, on which are populations from each other would have not be in every direction out from the found those physical or biological the greatest effect on genetic losses. apiary. However, we note that for features essential to the conservation of Our Response: Young et al. (1996, p. delineating critical habitat boundaries, the species and which may require 416) concluded that losses are due to we considered bee foraging habitat, bee special management considerations or genetic bottlenecks at the time of habitat nesting habitat, and other habitat protection; and (2) specific areas outside fragmentation and to subsequent important to Vandenberg monkeyflower the geographical area occupied by the inbreeding in small populations. We to support its life-history processes (see species at the time it is listed, upon a used this citation to note that habitat Criteria Used To Identify Critical determination that such areas are fragmentation generally has population Habitat section). For example, we essential for the conservation of the genetic consequences for plants, considered space for Vandenberg species. In the case of Vandenberg especially species with small monkeyflower individual and monkeyflower, we have determined that population numbers. Therefore, because population growth, reproduction, and only those areas on Burton Mesa some residual populations of dispersal—not only within populations, identified under the first part of the Vandenberg monkeyflower are small but between populations and from definition of critical habitat are (the numbers of populations and the existing populations to other sites that considered essential to the species numbers of individuals are small when support the physical or biological conservation. Once the physical or compared to other annual species) and features upon which Vandenberg biological features were determined and the habitat is fragmented due to the monkeyflower depends. Principles of mapped (see the Physical or Biological factors mentioned above in our response conservation biology stress the Features and Criteria Used To Identify to Comment 31, even a small loss of importance of maintaining the largest Critical Habitat sections), the resulting genetic diversity may impact this areas of contiguous habitat possible, proposed critical habitat included species. with the least amount of fragmentation. fragmented areas (which are a result of (33) Comment: One commenter stated Moreover, under the Act and its impacts such as (but not limited to) that the proposed critical habitat implementing regulations, we are development, roads and nonnative, designation refers to Aguilar et al. required to identify the physical or invasive plants (see Factors A and E (2008) for evidence that habitat biological features essential to the discussions in the proposed listing rule fragmentation affects survival and conservation of Vandenberg (78 FR 64840)). recovery, and further states that Aguilar monkeyflower in areas occupied at the It was important for us to take these et al. (2008) concluded that habitat time of listing, focusing on the features’ fragmented areas on Burton Mesa into fragmentation results in lower genetic PCEs. We are required to identify these consideration due to the threats that diversity, but losses are greatest for lands irrespective of land ownership. have caused and continue to cause common species. The commenter also While reserve and park lands may be habitat fragmentation throughout the noted that Vandenberg monkeyflower is viewed or considered by most as final critical habitat designation and the not a common species but an conserved areas, the management of needs of this species requiring uncommon species and would, these lands does not ensure the contiguous chaparral habitat (see therefore, be expected to have smaller conservation of sensitive species. Physical or Biological Features— losses of genetic diversity as a result of Conversely, privately owned lands may Contiguous Chaparral Habitat). Because habitat fragmentation. provide space for Vandenberg Vandenberg monkeyflower occurs in a Our Response: While we meant to monkeyflower individual and conservation area or an area with a point out that habitat fragmentation population growth, reproduction, and management plan in place does not affects the survival and recovery of dispersal, and so are important to necessarily mean that there is not species, the focus of Aguilar et al. (2008, identify as lands important to the already, or would not be, habitat entire) was on how habitat species. Therefore, we have identified fragmentation. We have also determined fragmentation may differentially affect all the lands that are important, that habitat within the conservation the genetic diversity of common species regardless of ownership. areas meets the definition of critical compared to that of uncommon species. habitat, per the criteria outlined in the Therefore, we removed the reference to Comments Regarding Habitat Criteria Used To Identify Critical Aguilar et al. (2008) in the Physical or Fragmentation Habitat section, and that special Biological Features—Contiguous (31) Comment: One commenter stated management considerations are needed Chaparral Habitat and Criteria Used To that designating critical habitat to in these conserved areas (e.g., Identify Critical Habitat sections above, address losses due to habitat minimizing habitat fragmentation, and replaced it with other references fragmentation is not applicable for minimizing the spread of invasive, that more generally discuss the ways Vandenberg monkeyflower because of nonnative plants) (see Special that habitat fragmentation can affect the

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survival and recovery of species (i.e., size, this situation should not apply are certainly as robust as, or more robust Franklin et al. 2002, pp. 20–29; Alberts similarly to Vandenberg monkeyflower, than, other conservation measures et al. 1993, pp. 103–110). which predominantly occurs in applicable to the Reserve and La (34) Comment: One commenter stated conserved areas with management Purisima Mission SHP in which the that that we inappropriately focused on plans. Service has found sufficient to support Menges (1991) (see Criteria Used To Our Response: In regard to the study excluding these lands from the final Identify Critical Habitat section in the by Jennersten (1988, entire), we stated critical habitat designation. Therefore, proposed critical habitat rule (78 FR in our response to Comment 31 above the commenter requests that Burton 64446)) to support the argument that and Summary of Factors Affecting the Ranch be excluded from the final habitat fragmentation results in Species section of the proposed listing critical habitat designation. decreased germination rates. The rule (78 FR 64840) that Burton Mesa is Our Response: Section 4(b)(2) of the commenter stated that because most currently fragmented by residential Act states that the Secretary shall populations of Vandenberg developments and on a smaller scale by designate and make revisions to critical monkeyflower have at least several roads, trails, and stands of invasive, habitat on the basis of the best available hundred individuals, and populations nonnative plants. A large proportion scientific data after taking into above several hundred individuals (approximately 81 percent) of consideration the economic impact, generally had germination rates Vandenberg monkeyflower critical national security impact, and any other equivalent to larger populations, habitat habitat occurs in conserved areas (i.e., relevant impact of specifying any fragmentation would not be expected to ecological reserve and State park lands particular area as critical habitat. For result in decreased germination for this with management plans); however, this exclusions based on other relevant species. does not necessarily eliminate the impacts, we consider a number of other Our Response: We agree with the potential for populations of this species factors, including whether the commenter that, in general, larger to be isolated in a smaller area (for landowners have developed any Habitat populations of plant species would example, see Volans Avenue occurrence Conservation Plans (HCP) or other likely be less threatened by reduced in Current Status of Vandenberg management plans for an area, or germination rates than smaller Monkeyflower in the proposed listing whether there are conservation populations. For determining critical rule (78 FR 64840)). partnerships that would be encouraged habitat for Vandenberg monkeyflower, (36) Comment: One commenter stated by designation of, or exclusion from, we chose to group the extant that Cunningham (2000) does not critical habitat. We consider a current occurrences into nine populations based provide evidence that habitat land management or conservation plan on the geographic separation between fragmentation results in reduced fruit (HCPs as well as other types) to provide them (see Distribution of Vandenberg set for Vandenberg monkeyflower adequate management or protection if it Monkeyflower—Current Status of because Cunningham (2000) found meets the following criteria: (1) The Vandenberg Monkeyflower section in variable results for different species (i.e., plan is complete and provides a the proposed listing rule (78 FR 64840)). some species produced more fruit and conservation benefit for the species and Five of the populations consist of some produced less). its habitat; (2) there is a reasonable several hundred individuals, while four Our Response: In regard to the study expectation that the conservation of the populations comprise less than a by Cunningham (2000, entire), study management strategies and actions will hundred individuals each. These four results showed that flowers received be implemented into the future, based small populations have already been less pollen when growing in fragmented on past practices, written guidance, or affected by habitat fragmentation and sites. Because Vandenberg regulations; and (3) the plan provides invasive, nonnative plants (78 FR monkeyflower is known to occur in conservation strategies and measures 64840). Furthermore, with the fragmented areas (see Distribution of consistent with currently accepted expansion of invasive, nonnative Vandenberg Monkeyflower—Current principles of conservation biology. species on Burton Mesa, habitat quality Status of Vandenberg Monkeyflower With regard to the Reserve and La may continue to decline and negatively section in the proposed listing rule (78 Purisima Mission SHP, the purpose of affect the size of the remaining FR 64840) and our response to the Reserve is to manage, operate, and populations of Vandenberg Comment 31, we found it appropriate to maintain the sovereign lands for the monkeyflower (see Factor A discussion use this study along with Jennersten sensitive species and habitats they in the proposed listing rule (78 FR (1988, entire) to explain the general support (Gevirtz et al. 2007, p. 3), and 64840)). Although we have no specific principle that plants subject to habitat the goal of the State Parks natural information about germination rates in fragmentation may have lower fruit resource management program is to Vandenberg monkeyflower at this time, production. protect, restore, and maintain the the reference to Menges (1991, entire) natural resources in the State Park relative to the example of how habitat Comments Requesting Exclusion From system (www.parks.ca.gov). These State fragmentation leads to small population the Final Critical Habitat Designations lands also have existing management size and reduced germination rates is (37) Comment: One commenter stated plans (Gevirtz 2007; California State appropriate to include in our discussion the conservation measures currently in Parks 1991). In our proposed rule, we of how habitat fragmentation could place for the development of Burton considered excluding the Reserve and affect Vandenberg monkeyflower. Ranch adequately protect Burton Mesa La Purisima Mission SHP from the final (35) Comment: One commenter stated chaparral. The commenter stated that designation of critical habitat under that we inappropriately focused on the owners of Burton Ranch completed section 4(b)(2) of the Act based on Jennersten (1988) and Cunningham a conservation easement with Land partnerships with the State for their (2000) to document that habitat Trust of Santa Barbara County that management of the Reserve and La fragmentation leads to reduced fruit set protects 95 ac (38 ha) offsite, and they Purisima Mission SHP, and the in Vandenberg monkeyflower plan to maintain a buffer at the north management and protection afforded to populations. The commenter noted that end of the Burton Ranch property to these lands by general management because fragmented habitats evaluated protect onsite chaparral habitat. The plans the State has developed for the in Jennersten (1988) were very small in commenter stated that these protections Reserve and La Purisima Mission SHP

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(see Exclusions Based on Other Relevant by the species at the time of listing. Unit response to Comment 38) and may Impacts in the proposed critical habitat 3 is considered occupied based on the require special management rule (78 FR 64446)). In this final rule, presence of the species at multiple consideration or protections, the area we did not exclude the State lands at locations throughout the unit. In meets the definition of critical habitat the Reserve and La Purisima Mission addition, Burton Ranch may contain a according to the Act. SHP from critical habitat (see seed bank (see Background—Life (40) Comment: The Vandenberg Consideration of Impacts Under Section History section of the proposed listing Village Community Services District 4(b)(2) of the Act—Exclusions Based on rule (78 FR 64840)) because Vandenberg (VVCSD) requested that 106 ac (43 ha) Other Relevant Impacts). monkeyflower is known to occur within be excluded from the final critical With regard to the Burton Ranch 0.5 mi (0.8 km) of Burton Ranch. habitat designation. The commenter project site and specifically the Burton Therefore, Burton Ranch meets the stated that if finalized, the critical Ranch Development Plan, we note that definition of critical habitat according to habitat designation may preclude future up to approximately 83 out of 93 ac (34 the Act and is included as critical construction of water wells necessary to out of 38 ha, or approximately 90 habitat in this final rule. supply the community of Vandenberg percent) of Burton Mesa chaparral is (39) Comment: One commenter stated Village with drinking water. proposed to be impacted. With the that Burton Ranch is not ‘‘prime’’ Our Response: We note that the 106 estimated effect to chaparral on Burton habitat for Vandenberg monkeyflower ac (43 ha) of land requested for Ranch, the conservation strategy because most of the area slated for exclusion from the final critical habitat outlined for the Burton Ranch development has been previously designation is land owned by the State Development Plan would not be disturbed over the years. The Lands Commission and managed by the adequate to protect the species and its commenter explained that several California Department of Fish and remaining habitat in this area. homes already exist on immediately Wildlife. Relative to the commenter’s Therefore, we did not consider Burton adjacent properties, which fragments concern that a final critical habitat Ranch for exclusion from critical habitat the continuity of native plant species in designation may preclude development based on other relevant impacts under general. In addition, the commenter of wells, designation of critical habitat section 4(b)(2) of the Act. However, we stated that the property has been does not automatically prohibit appreciate that the owners of Burton previously graded and has been farmed development on private or State lands Ranch proposed to maintain a buffer in the past. Therefore, the commenter because there are no statutory between development and the Reserve believes this ‘‘less than prime’’ area requirements for section 7 consultations to minimize effects to the chaparral should be excluded from the final for actions undertaken on non-Federal habitat within the Reserve, including critical habitat designation. lands or without a Federal nexus. The areas containing Vandenberg Our Response: According to section 4 designation of critical habitat does not monkeyflower habitat. We also of the Act, we designate critical habitat affect land ownership or establish a appreciate that Burton Ranch completed in areas within the geographic area refuge, wilderness, reserve, preserve, or a conservation easement with the Land occupied by the species at the time of other conservation area, nor does it Trust for Santa Barbara County to listing that contain the physical or require implementation of restoration, protect 95 ac (38 ha) off-site of biological features (1) which are recovery, or enhancement measures by Vandenberg monkeyflower habitat that essential to the conservation of the non-Federal landowners. Critical habitat features Burton Mesa chaparral, coastal species and (2) which may require receives protection under section 7 of scrub, and oak savannah habitat. special management considerations or the Act through the requirement that (38) Comment: One commenter stated protection (see our response to Federal agencies ensure, in consultation that Vandenberg monkeyflower was Comment 37 above). The commenter with the Service, that any action they found not to exist on Burton Ranch, did not define what ‘‘prime habitat’’ for authorize, fund, or carry out is not likely and, therefore, this area should not be Vandenberg monkeyflower is, but we to result in the destruction or adverse included as critical habitat. presume the commenter was referring to modification of critical habitat. At this Our Response: According to section 4 our description of Burton Mesa time, we have not received any of the Act, we designate critical habitat chaparral (see the Background—Habitat information indicating there is a Federal in areas within the geographic area section in the proposed listing rule (78 nexus for the construction of new water occupied by the species at the time of FR 64840)) that has not been subject to wells. Without such a nexus, potential listing that contain the physical or any disturbance. We note that future construction of water wells biological features (1) which are Vandenberg monkeyflower habitat is would not require section 7 essential to the conservation of the disturbed at various levels, for example consultation. We welcome the species and (2) which may require due to development, utilities, roadways, opportunity to work with VVCSD to special management considerations or and invasive, nonnative plants, and that minimize the effects to Vandenberg protections. Although Vandenberg management in these areas is needed to monkeyflower and its habitat relative to monkeyflower has not been observed ensure that the habitat is able to provide the potential construction of new wells. above-ground on this specific property, for the growth and reproduction of the (41) Comment: One commenter stated the area harbors the PCEs, as well as the species (see Special Management that Unit 3 (Encina) contains plant physical or biological features essential Considerations or Protection). The communities not consistent with to the conservation of the species that existence of disturbed habitat (whether Vandenberg monkeyflower habitat, such may require special management past or current), however, would not as oak woodland and chamise chaparral, considerations or protections (see necessarily preclude individuals of and may provide areas where Primary Constituent Elements (PCEs) for Vandenberg monkeyflower from Vandenberg monkeyflower does not Vandenberg Monkeyflower and Physical occurring in an area or entirely remove occur and where wells could be or Biological Features sections), and is the physical or biological features from constructed. contiguous with State lands (i.e., an area. Because Burton Ranch contains Our Response: Unit 3 contains the Reserve) that are known to be occupied. the physical or biological features physical or biological features essential Thus, this area is considered to be essential to the conservation of to the conservation of Vandenberg within the geographical area occupied Vandenberg monkeyflower (see monkeyflower (see Physical or

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Biological Features). We note that we specify areas in which hiking is of Regulations, Title 14, § 630). The identified oak woodland and chamise allowed. commenter supported the proposal to chaparral as aspects of the composition If these land management plans are designate critical habitat because, of vegetation on Burton Mesa (see changed or updated, section 7 among other reasons, they believe it Background—Habitat section in the consultation with the Service is unlikely would provide an additional level of proposed listing rule (78 FR 64840)). We because a Federal nexus does not exist. attention and protection for areas also note that we discussed the structure Hence, it is unlikely that the designation known to support the species and its of the chaparral habitat as a mosaic of of critical habitat would limit the pollinators. More specifically, the maritime chaparral vegetation (which recreational activities that are allowed commenter stated that the area is at risk includes maritime chaparral and in the Reserve and the La Purisima from requests from outside parties to maritime chaparral mixed with coastal Mission SHP. To the extent that biking obtain additional leases for projects scrub, oak woodland, and small patches or other recreational activities occur on within occupied habitat, such as the of native grasslands (Wilken and private lands, a Federal nexus requiring construction of water wells by the Wardlaw 2010, p. 2)) and sandy consultation with the Service is also VVCSD. openings (canopy gaps) that varies from unlikely. Therefore, it is unlikely that Our Response: The primary purpose place to place (see Background—Habitat this designation of critical habitat for of designating critical habitat is to in the proposed listing rule (78 FR Vandenberg monkeyflower will have a identify the specific areas within the 64840)). Thus, within a given substrate, significant effect on use of the areas geographic area occupied by the species the chaparral composition is a reflection designated for bicycling. at the time of listing that contain the of stand age or shrub canopy cover, (43) Comment: One commenter stated physical or biological features essential disturbance history, history of wildfire, that the proposed critical habitat to the conservation of the species and and distance from the coast (Davis et al. designation would lead to numerous that may need special management 1988, p. 188; Gevirtz et al. 2007, p. 97). environmental and social benefits, considerations or protection and to Therefore, even though Unit 3 may including: (a) Requiring Federal identify areas that may be essential for contain habitat such as oak woodland agencies to review their actions to assess the conservation of the species. Critical and chamise chaparral, the structure of effects on critical habitat, (b) helping habitat designations affect only Federal the habitat may shift over time, and the focus Federal and State conservation agency actions or federally funded or unit currently contains the physical or efforts, (c) increasing public awareness permitted activities. While the Final biological features essential to the of the species, (d) creating educational Land Management Plan for the Reserve conservation of the species that may opportunities, and (e) creating greater provides baseline protection within the require special management protection for Vandenberg Reserve, the critical habitat designation considerations or protection. As such, monkeyflower. This commenter could serve as an additional layer of Unit 3 meets the definition of critical supported the designation of critical protection if a Federal nexus (i.e., habitat for Vandenberg monkeyflower habitat for Vandenberg monkeyflower, funding or authorization) exists for according to the Act. and stated that as much land as possible future actions that could affect critical should be included in the designation. habitat for Vandenberg monkeyflower. Economic Comments Related to the Our Response: While the primary At this time, we have not received any Draft Economic Analysis (DEA) intended benefit of critical habitat is to information indicating there is a Federal support the conservation of endangered (42) Comment: Three commenters nexus for the construction of new water stated that public lands near or threatened species, the designation wells within the VVCSD. Without such Vandenberg Village provide important would lead to numerous ancillary a nexus, potential future construction of recreational opportunities. They benefits, as discussed in the screening water wells would not require section 7 expressed the concern that if critical analysis under the high-end section 7 consultation (see also our response to habitat is designated, access to public consultation scenario (IEc 2014, pp. 22– Comment 40). However, as discussed in lands would be reduced, and 23). This scenario assumes that project the DEA, it is possible that the presence recreational activities such as hiking proponents are unaware of the presence of critical habitat would require the and bicycling would no longer be of Vandenberg monkeyflower and project to undergo additional review allowed. One of these commenters was would, therefore, not consult with the under the CEQA (IEc 2014, p. 20). As a also concerned that this would Service absent critical habitat. negatively affect local bike shops. Therefore, under this scenario, all result, the permitting agency, at their Our Response: The majority section 7 consultations are an discretion, could require modification of (approximately 81 percent) of the total incremental effect of the critical habitat the project plan to avoid adverse proposed critical habitat designation is designation, and the designation would impacts to Vandenberg monkeyflower located on State lands consisting of the create multiple ancillary benefits. These critical habitat. Reserve and La Purisima Mission SHP. include requiring Federal agencies to Required Determinations Both of these areas have land review their actions to assess effects on management plans that specify critical habitat, which would not only Regulatory Planning and Review allowable recreational activities. help protect Vandenberg monkeyflower (Executive Orders 12866 and 13563) According to the Final Land but also benefit the general health of the Executive Order 12866 provides that Management Plan for the Reserve, chaparral ecosystem. Further benefits of the Office of Information and Regulatory bicycling is not allowed (see Gevirtz et the designation of critical habitat may Affairs (OIRA) will review all significant al. 2007, Final Land Management Plan include improved water and soil rules. The Office of Information and for Burton Mesa Ecological Reserve). quality, and improved ecosystem health Regulatory Affairs has determined that The La Purisima Mission SHP Park for coexisting species. this rule is not significant. General Plan states that bicycles are (44) Comment: One commenter stated Executive Order 13563 reaffirms the permitted on approximately 5 miles of that the Reserve is at risk of being principles of Executive Order 12866 fire roads (see California State Parks removed from the regulatory protections while calling for improvements in the 1991, La Purisima Mission State Historic afforded under the Title 14 ecological nation’s regulatory system to promote Park General Plan). Both plans also reserve designation (see California Code predictability, to reduce uncertainty,

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and to use the best, most innovative, this designation as well as types of constitute ‘‘a significant adverse effect’’ and least burdensome tools for project modifications that may result. In when compared to not taking the achieving regulatory ends. The general, the term ‘‘significant economic regulatory action under consideration. executive order directs agencies to impact’’ is meant to apply to a typical Based on information in the economic consider regulatory approaches that small business firm’s business analysis, energy-related impacts reduce burdens and maintain flexibility operations. associated with Vandenberg and freedom of choice for the public The Service’s current understanding monkeyflower conservation activities where these approaches are relevant, of the requirements under the RFA, as within critical habitat are not expected. feasible, and consistent with regulatory amended, and following recent court As such, the designation of critical objectives. Executive Order 13563 decisions, is that Federal agencies are habitat is not expected to significantly emphasizes further that regulations only required to evaluate the potential affect energy supplies, distribution, or must be based on the best available incremental impacts of rulemaking on use. Therefore, this action is not a science and that the rulemaking process those entities directly regulated by the significant energy action, and no must allow for public participation and rulemaking itself, and therefore, not Statement of Energy Effects is required. required to evaluate the potential an open exchange of ideas. We have Unfunded Mandates Reform Act (2 impacts to indirectly regulated entities. developed this rule in a manner U.S.C. 1501 et seq.) consistent with these requirements. The regulatory mechanism through which critical habitat protections are In accordance with the Unfunded Regulatory Flexibility Act (5 U.S.C. 601 realized is section 7 of the Act, which Mandates Reform Act (2 U.S.C. 1501 et et seq.) requires Federal agencies, in seq.), we make the following findings: Under the Regulatory Flexibility Act consultation with the Service, to ensure (1) This rule will not produce a (RFA; 5 U.S.C. 601 et seq.), as amended that any action authorized, funded, or Federal mandate. In general, a Federal by the Small Business Regulatory carried by the Agency is not likely to mandate is a provision in legislation, Enforcement Fairness Act of 1996 destroy or adversely modify critical statute, or regulation that would impose (SBREFA; 5 U.S.C. 801 et seq.), habitat. Therefore, under section 7 only an enforceable duty upon State, local, or whenever an agency is required to Federal action agencies are directly tribal governments, or the private sector, publish a notice of rulemaking for any subject to the specific regulatory and includes both ‘‘Federal proposed or final rule, it must prepare requirement (avoiding destruction and intergovernmental mandates’’ and and make available for public comment adverse modification) imposed by ‘‘Federal private sector mandates.’’ a regulatory flexibility analysis that critical habitat designation. These terms are defined in 2 U.S.C. describes the effects of the rule on small Consequently, it is our position that 658(5)–(7). ‘‘Federal intergovernmental entities (i.e., small businesses, small only Federal action agencies will be mandate’’ includes a regulation that organizations, and small government directly regulated by this designation. ‘‘would impose an enforceable duty jurisdictions). However, no regulatory There is no requirement under RFA to upon State, local, or tribal governments’’ flexibility analysis is required if the evaluate the potential impacts to entities with two exceptions. It excludes ‘‘a head of the agency certifies the rule will not directly regulated. Moreover, condition of Federal assistance.’’ It also not have a significant economic impact Federal agencies are not small entities. excludes ‘‘a duty arising from on a substantial number of small Therefore, because no small entities are participation in a voluntary Federal entities. The SBREFA amended the RFA directly regulated by this rulemaking, program,’’ unless the regulation ‘‘relates to require Federal agencies to provide a the Service certifies that this final to a then-existing Federal program certification statement of the factual critical habitat designation will not have under which $500,000,000 or more is basis for certifying that the rule will not a significant economic impact on a provided annually to State, local, and have a significant economic impact on substantial number of small entities. tribal governments under entitlement a substantial number of small entities. During the development of this final authority,’’ if the provision would According to the Small Business rule, we reviewed and evaluated all ‘‘increase the stringency of conditions of Administration, small entities include information submitted during the assistance’’ or ‘‘place caps upon, or small organizations such as comment period that may pertain to our otherwise decrease, the Federal independent nonprofit organizations; consideration of the probable Government’s responsibility to provide small governmental jurisdictions, incremental economic impacts of this funding,’’ and the State, local, or tribal including school boards and city and critical habitat designation. Based on governments ‘‘lack authority’’ to adjust town governments that serve fewer than this information, we affirm our accordingly. At the time of enactment, 50,000 residents; and small businesses certification that this final critical these entitlement programs were: (13 CFR 121.201). Small businesses habitat designation will not have a Medicaid; Aid to Families with include manufacturing and mining significant economic impact on a Dependent Children work programs; concerns with fewer than 500 substantial number of small entities, Child Nutrition; Food Stamps; Social employees, wholesale trade entities and a regulatory flexibility analysis is Services Block Grants; Vocational with fewer than 100 employees, retail not required. Rehabilitation State Grants; Foster Care, and service businesses with less than $5 Adoption Assistance, and Independent million in annual sales, general and Energy Supply, Distribution, or Use— Living; Family Support Welfare heavy construction businesses with less Executive Order 13211 Services; and Child Support than $27.5 million in annual business, Executive Order 13211 (Actions Enforcement. ‘‘Federal private sector special trade contractors doing less than Concerning Regulations That mandate’’ includes a regulation that $11.5 million in annual business, and Significantly Affect Energy Supply, ‘‘would impose an enforceable duty agricultural businesses with annual Distribution, or Use) requires agencies upon the private sector, except (i) a sales less than $750,000. To determine to prepare Statements of Energy Effects condition of Federal assistance or (ii) a if potential economic impacts to these when undertaking certain actions. OMB duty arising from participation in a small entities are significant, we has provided guidance for voluntary Federal program.’’ considered the types of activities that implementing this Executive Order that The designation of critical habitat might trigger regulatory impacts under outlines nine outcomes that may does not impose a legally binding duty

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on non-Federal Government entities or actions. Although private parties that biological features of the habitat private parties. Under the Act, the only receive Federal funding, assistance, or necessary to the conservation of the regulatory effect is that Federal agencies require approval or authorization from a species are specifically identified. This must ensure that their actions do not Federal agency for an action may be information does not alter where and destroy or adversely modify critical indirectly impacted by the designation what federally sponsored activities may habitat under section 7. While non- of critical habitat, the legally binding occur. However, it may assist these local Federal entities that receive Federal duty to avoid destruction or adverse governments in long-range planning funding, assistance, or permits, or that modification of critical habitat rests (because these local governments no otherwise require approval or squarely on the Federal agency. Our longer have to wait for case-by-case authorization from a Federal agency for DEA found (and our FEA reaffirms) that section 7 consultations to occur). an action, may be indirectly impacted no significant economic impacts are Where State and local governments by the designation of critical habitat, the likely to result from the designation of require approval or authorization from a legally binding duty to avoid critical habitat for Vandenberg Federal agency for actions that may destruction or adverse modification of monkeyflower. Because the Act’s affect critical habitat, consultation critical habitat rests squarely on the critical habitat protection requirements under section 7(a)(2) would be required. Federal agency. Furthermore, to the apply only to Federal agency actions, While non-Federal entities that receive extent that non-Federal entities are few conflicts between critical habitat Federal funding, assistance, or permits, indirectly impacted because they and private property rights should result or that otherwise require approval or receive Federal assistance or participate from this designation. Based on authorization from a Federal agency for in a voluntary Federal aid program, the information contained in the DEA and an action, may be indirectly impacted Unfunded Mandates Reform Act would described within this document, it is by the designation of critical habitat, the not apply, nor would critical habitat not likely that economic impacts to a legally binding duty to avoid shift the costs of the large entitlement property owner would be of a sufficient destruction or adverse modification of programs listed above onto State magnitude to support a takings action. critical habitat rests squarely on the governments. Therefore, the takings implications Federal agency. (2) We do not believe that this rule assessment concludes that this Civil Justice Reform—Executive Order will significantly or uniquely affect designation of critical habitat for 12988 small governments because it would not Vandenberg monkeyflower does not produce a Federal mandate of $100 pose significant takings implications. In accordance with Executive Order million or greater in any year; that is, it 12988 (Civil Justice Reform), the Office Federalism—Executive Order 13132 is not a ‘‘significant regulatory action’’ of the Solicitor has determined that the under the Unfunded Mandates Reform In accordance with E.O. 13132 rule does not unduly burden the judicial Act. Our economic analysis concludes (Federalism), this rule does not have system and that it meets the applicable that the economic costs of implementing significant Federalism effects. A standards set forth in sections 3(a) and the rule through section 7 of the Act federalism summary impact statement is 3(b)(2) of the Order. We are designating will most likely be limited to the not required. In keeping with critical habitat in accordance with the additional administrative effort required Department of the Interior and provisions of the Act. To assist the to consider adverse modification. This Department of Commerce policy, we public in understanding the habitat finding is based on the following requested information from, and needs of the species, the rule identifies factors: coordinated development of this critical the elements of physical or biological (a) All units are considered occupied, habitat designation with, appropriate features essential to the conservation of providing baseline protection; State resource agencies in California. Vandenberg monkeyflower. The (b) Activities occurring within We received comments from the State of designated areas of critical habitat are designated critical habitat with a California (CDFW, who manages the presented on maps, and the rule potential to affect critical habitat are Reserve) but did not receive comments provides several options for the also likely to adversely affect the from State Parks (La Purisima Mission interested public to obtain more species, either directly or indirectly; and SHP), in response to our request for detailed location information, if desired. (c) In occupied habitat, project information on the proposed rule. modifications requested to avoid However, we verbally discussed this Paperwork Reduction Act of 1995 (44 adverse modification are likely to be the critical habitat rule with State Parks U.S.C. 3501 et seq.) same as those needed to avoid jeopardy. staff. From a federalism perspective, the This rule does not contain any new Consequently, we do not believe that designation of critical habitat directly collections of information that require the critical habitat designation would affects only the responsibilities of approval by OMB under the Paperwork significantly or uniquely affect small Federal agencies. The Act imposes no Reduction Act of 1995 (44 U.S.C. 3501 government entities. As such, a Small other duties with respect to critical et seq.). This rule will not impose Government Agency Plan is not habitat, either for States and local recordkeeping or reporting requirements required. governments, or for anyone else. As a on State or local governments, result, the rule does not have substantial individuals, businesses, or Takings—Executive Order 12630 direct effects either on the States, or on organizations. An agency may not In accordance with Executive Order the relationship between the national conduct or sponsor, and a person is not 12630 (‘‘Government Actions and government and the States, or on the required to respond to, a collection of Interference with Constitutionally distribution of powers and information unless it displays a Protected Private Property Rights’’), we responsibilities among the various currently valid OMB control number. have analyzed the potential takings levels of government. The designation implications of designating critical may have some benefit to these National Environmental Policy Act (42 habitat for Vandenberg monkeyflower in governments because the areas that U.S.C. 4321 et seq.) a takings implications assessment. As contain the features essential to the It is our position that, outside the discussed above, the designation of conservation of the species are more jurisdiction of the U.S. Court of Appeals critical habitat affects only Federal clearly defined, and the physical and for the Tenth Circuit, we do not need to

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prepare environmental analyses Responsibilities, and the Endangered Pacific Southwest Regional Office and pursuant to the National Environmental Species Act), we readily acknowledge Ventura Fish and Wildlife Office. Policy Act (NEPA; 42 U.S.C. 4321 et our responsibilities to work directly List of Subjects in 50 CFR Part 17 seq.) in connection with designating with tribes in developing programs for critical habitat under the Act. We healthy ecosystems, to acknowledge that Endangered and threatened species, published a notice outlining our reasons tribal lands are not subject to the same Exports, Imports, Reporting and for this determination in the Federal controls as Federal public lands, to recordkeeping requirements, Register on October 25, 1983 (48 FR remain sensitive to Indian culture, and Transportation. 49244). This position was upheld by the to make information available to tribes. U.S. Court of Appeals for the Ninth We determined that there are no tribal Regulation Promulgation lands occupied by Vandenberg Circuit (Douglas County v. Babbitt, 48 Accordingly, we amend part 17, monkeyflower at the time of listing that F.3d 1495 (9th Cir. 1995), cert. denied subchapter B of chapter I, title 50 of the contain the physical or biological 516 U.S. 1042 (1996)). Code of Federal Regulations, as set forth features essential to conservation of the below: Government-to-Government species, and there are no tribal lands not Relationship With Tribes occupied by Vandenberg monkeyflower PART 17—[AMENDED] that are essential for the conservation of In accordance with the President’s the species. Therefore, we are not memorandum of April 29, 1994 ■ 1. The authority citation for part 17 designating critical habitat for continues to read as follows: (Government-to-Government Relations Vandenberg monkeyflower on tribal with Native American Tribal lands. Authority: 16 U.S.C. 1361–1407; 1531– Governments; 59 FR 22951), Executive 1544; 4201–4245, unless otherwise noted. Order 13175 (Consultation and References Cited Coordination With Indian Tribal A complete list of all references cited ■ 2. Amend § 17.12(h), the List of Governments), and the Department of is available on the Internet at http:// Endangered and Threatened Plants, by the Interior’s manual at 512 DM 2, we www.regulations.gov and upon request adding an entry for ‘‘Diplacus readily acknowledge our responsibility from the Ventura Fish and Wildlife vandenbergensis’’ in alphabetical order to communicate meaningfully with Office (see FOR FURTHER INFORMATION under Flowering Plants, to read as recognized Federal Tribes on a CONTACT). follows: government-to-government basis. In § 17.12 Endangered and threatened plants. accordance with Secretarial Order 3206 Authors of June 5, 1997 (American Indian Tribal The primary authors of this * * * * * Rights, Federal-Tribal Trust rulemaking are the staff members of the (h) * * *

Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules

FLOWERING PLANTS

******* Diplacus Vandenberg U.S.A. (CA) ...... Phrymaceae ...... E 847 17.96(a) NA vandenbergensis. monkeyflower.

*******

■ 3. In § 17.96, amend paragraph (a) by monkeyflower consist of two could include the following soil series: adding the family Phrymaceae and an components: Arnold Sand, Marina Sand, Narlon entry for ‘‘Diplacus vandenbergensis (i) Native maritime chaparral Sand, Tangair Sand, Botella Loam, (Vandenberg monkeyflower)’’ in communities of Burton Mesa Terrace Escarpments, and Gullied Land. alphabetical order to read as follows: comprising maritime chaparral and (3) Critical habitat does not include maritime chaparral mixed with coastal § 17.96 Critical habitat—plants. manmade structures (such as buildings, scrub, oak woodland, and small patches aqueducts, runways, roads, and other * * * * * of native grasslands. The mosaic paved areas) and the land on which they Family Phrymaceae: Diplacus structure of the native plant are located existing within the legal vandenbergensis (Vandenberg communities (arranged in a mosaic of boundaries on September 10, 2015. monkeyflower) dominant vegetation and sandy (1) Critical habitat units are depicted openings (canopy gaps)) may change (4) Critical habitat map units. Data for Santa Barbara County, California, on spatially as a result of succession, and layers defining map units were created the maps below. physical processes such as windblown on a base of USGS 1:24,000 maps, and (2) Within these areas, the primary sand and wildfire. critical habitat units were then mapped constituent elements of the physical or (ii) Loose sandy soils on Burton Mesa. using Universal Transverse Mercator biological features essential to the As mapped by the Natural Resources (UTM) Zone 15N coordinates. conservation of Vandenberg Conservation Service (NRCS), these (5) Index map follows:

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Critical Habitat for Vandenberg Monkeyflower

2 4

Kilometers--==::~' 0 2 4 '

CRITICAL HABITAT • VANDENBERG AFB 0 BOUNDARY Areaof~ Detail N ROADS

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(6) Unit 1 (Vandenberg) and Unit 2 (i) Unit 1 includes 223 ac (90 ha), and (Santa Lucia): Santa Barbara County, Unit 2 includes 1,484 ac (601 ha). California. (ii) Map of Units 1 and 2 follows:

Critical Habitat for Vandenberg Monkeyflower Vandenberg and Santa Lucia Units

0 0.5 Miles ---=::::::;;:::::::J Kilometers--=:=::::~ 0 0.5 1 1 Scale 1:60,000

S~~J:'_?~ CRITICAL HABITAT lli:.:.i!..~!J VANDENBERG AFB D BOUNDARY Area of Detail N ROADS

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(7) Unit 3 (Encina) and Unit 4 (La (i) Unit 3 includes 2,024 ac (819 ha), Purisima): Santa Barbara County, and Unit 4 includes 2,024 ac (819 ha). California. (ii) Map of Units 3 and 4 follows:

Critical Habitat for Vandenberg Monkeyflower Encina and La Purisima Units

0 0.5 1 Miles---===:::::~ Kilometers--==:::::~ 0 0.5 1 Scale 1:60,000

cnr~.?J CRITICAL HABITAT

VANDENBERG AFB D BOUNDARY Area of Detail N ROADS

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* * * * * Dated: July 29, 2015. Michael J. Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2015–19352 Filed 8–10–15; 8:45 am] BILLING CODE 4310–55–P

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Part III

Department of Commerce

National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Part 216 Fish and Fish Product Import Provisions of the Marine Mammal Protection Act; Proposed Rule

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DEPARTMENT OF COMMERCE ADDRESSES: You may submit comments MMPA Requirements on this document, identified by NOAA– The U.S. Ocean Commission stated in National Oceanic and Atmospheric NMFS–2010–0098, by any of the its 2005 report that the ‘‘biggest threat Administration following methods: to marine mammals worldwide is their 1. Electronic Submissions: Submit all accidental capture or entanglement in 15 CFR Part 902 electronic public comments via the fishing gear (bycatch), which kills Federal e-Rulemaking Portal. Go to hundreds of thousands of them each 50 CFR Part 216 www.regulations.gov/ year.’’ Scientists estimate the global #!docketDetail;D=NOAA-NMFS-2010- annual bycatch of marine mammals at [Docket No. 0907301201–4923–02] 0098, click the ‘‘Comment Now!’’ icon, more than 600,000 animals. The MMPA complete the required fields and enter RIN 0648–AY15 contains provisions to address the or attach your comments. incidental mortality and serious injury 2. Mail: Submit written comments to: Fish and Fish Product Import of marine mammals in both domestic Director, Office of International Affairs, Provisions of the Marine Mammal and foreign commercial fisheries. With Attn: MMPA Fish Import Provisions, Protection Act respect to foreign fisheries, section NMFS, F/IA, 1315 East-West Highway, 101(a)(2) of the MMPA states that the AGENCY: National Marine Fisheries Silver Spring, MD 20910. Secretary of the Treasury shall ban the Service (NMFS), National Oceanic and Instructions: Comments sent by any importation of commercial fish or Atmospheric Administration (NOAA), other method, to any other address or products from fish which have been Commerce. individual, or received after the end of caught with commercial fishing the comment period, may not be ACTION: Proposed rule; request for technology which results in the comments. considered. All comments received are incidental kill or incidental serious a part of the public record and will injury of ocean mammals in excess of SUMMARY: NMFS is proposing to revise generally be posted for public viewing United States standards. For purposes of its regulations to implement the import on http://www.regulations.gov without applying the preceding sentence, the provisions of the Marine Mammal change. All personal identifying Secretary of Commerce shall insist on Protection Act (MMPA). These proposed information (e.g., name, address, etc.), reasonable proof from the government of regulations would establish conditions confidential business information, or any nation from which fish or fish for evaluating a harvesting nation’s otherwise sensitive information products will be exported to the United regulatory program for reducing marine submitted voluntarily by the sender will States of the effects on ocean mammals mammal incidental mortality and be publicly accessible. NMFS will of the commercial fishing technology in serious injury in fisheries that export accept anonymous comments (enter use for such fish or fish products fish and fish products to the United ‘‘N/A’’ in the required fields if you wish exported from such nation to the United States. Under this proposed rule, to remain anonymous). Attachments to States. (see 16 U.S.C. 1371(a)(2)) harvesting nations must apply for and electronic comments will be accepted in Throughout the 1970s and 1980s, receive a comparability finding for each Microsoft Word, Excel, or Adobe section 101(a)(2) was implemented by fishery identified by the Assistant portable document file (PDF) formats regulations under 50 CFR 216.24(e) and Administrator in the List of Foreign only. was tied to standards governing U.S. Fisheries in order to import fish and fish National Environmental Policy Act fisheries under general permits. In 1994, products into the United States. The (NEPA) Congress reauthorized the MMPA and proposed rule establishes procedures NMFS prepared a draft Environmental created a regime for governing the that a harvesting nation must follow, incidental take of marine mammals in and conditions to meet, to receive a Assessment (EA) to accompany this proposed rule and will consider U.S. commercial fisheries (16 U.S.C. comparability finding for a fishery. The 1387). This regime replaced the general proposed rule also establishes comments on the EA submitted in response to this notice. The EA was permit thereby rendering those procedures for intermediary nations to regulations obsolete and narrowing their certify that exports from those nations to developed as an integrated document that includes a Regulatory Impact focus to fish and fish products caught the United States do not contain fish or with driftnets (50 CFR 216.24(e)) (See fish products subject to an import Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA). Copies of EA for details on the regulatory history). prohibition. Agency actions and Section 102(c)(3) of the MMPA states the proposed rule and draft EA/RIR/ recommendations under this rule will that it is unlawful to import into the IRFA analysis are available by writing to be in accordance with U.S. obligations United States any fish, whether fresh, the mailing address specified above, under applicable international trade frozen, or otherwise prepared, if such telephoning the contact listed below law, including the World Trade fish was caught in a manner which the (see FOR FURTHER INFORMATION CONTACT), Organization (WTO) Agreement. Secretary of Commerce (Secretary) has or visiting the NMFS Web site at http:// DATES: Written comments must be proscribed for persons subject to the www.nmfs.noaa.gov/ia/. This proposed received by 5 p.m. Eastern Time on jurisdiction of the United States, rule is also accessible on the November 9, 2015. Information and whether or not any marine mammals Government Printing Office Web site at comments concerning this proposed were in fact taken incident to the http://www.gpo.gov/fdsys/. Documents rule may be submitted by any one of catching of the fish. (see 16 U.S.C. cited in this notice may also be viewed, several methods (see ADDRESSES). NMFS 1372(c)(3)). Section 102(c)(3) is by appointment, during regular business will consider all comments and implemented by regulations under 50 hours, at the aforementioned address. information received during the CFR 216.12(d). This section among comment period in preparing a final FOR FURTHER INFORMATION CONTACT: other provisions implements the rule. NMFS will also seek input from Nina Young, NMFS F/IA at MMPA’s prohibition on the intentional other nations on the proposed rule at [email protected] or 301–427– killing or serious injury of marine bilateral and multilateral meetings, as 8383. mammals in the course of commercial appropriate. SUPPLEMENTARY INFORMATION: fishing, under 16 U.S.C. 1378.

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U.S. Standards Governing Incidental Without the authority to issue a general reduce incidental mortality and serious Marine Mammal Mortality and Serious permit, regulations governing injury ‘‘to insignificant levels Injury in Commercial Fisheries Under importations from foreign fisheries were approaching a zero mortality and the Jurisdiction of the United States no longer coherent since they were serious injury rate’’ (i.e., 10% of a Since the MMPA was first passed in linked to the U.S. general permit stock’s PBR level). The 1994 amendments to the MMPA 1972, one of its goals has been that the requirements. In November 1988, Congress provided maintained the requirement for incidental kill or incidental serious a five-year interim exemption to the categorizing commercial fisheries into injury of marine mammals permitted in commercial fisheries incidental take three groups based on frequency of the course of [U.S.] commercial fishing provision to allow fishing to continue interactions with marine mammals (16 operations be reduced to insignificant yet minimize the harm it caused marine U.S.C. 1387(c)(1)). Category I includes levels approaching a zero mortality and mammals. This exemption allowed fisheries that have frequent incidental injury rate. (see 16 U.S.C. 1371(a)(2)). NMFS time to develop a comprehensive mortality and serious injury of marine The MMPA establishes a moratorium regime governing commercial fisheries mammals. Category II includes fisheries on taking marine mammals (with interactions with marine mammals and that have occasional incidental limited exceptions) within U.S. waters alternative standards to OSP (16 U.S.C. mortality and serious injury of marine or by persons or vessels subject to U.S. 1383a). The MMPA Interim Exemption mammals. Category III includes fisheries jurisdiction on the high seas or in Program (Interim Exemption) required that have a remote likelihood of, or no waters of another nation seaward of its fishers to participate in a data-gathering known, incidental mortality and serious territorial sea (16 U.S.C. 1371(a)), where program by carrying mandatory injury of marine mammals. Numerical ‘‘take’’ means to ‘‘harass, hunt, capture, observers, compiling log books, and criteria for placing fisheries into these or kill or attempt to harass, hunt, reporting marine mammal interactions categories were eventually developed capture, or kill any marine mammal’’ in return for a temporary exemption using the PBR standard (50 CFR 229.2). (16 U.S.C. 1362(13)). The MMPA from the moratorium on incidental take Today, sections 117 and 118 of the originally prohibited the incidental take (16 U.S.C. 1383a). Under the Interim MMPA comprise the U.S. standards for of marine mammals in U.S. commercial Exemption, Congress also required the regulating incidental mortality and fisheries unless authorized by a general Secretary of Commerce to place serious injury in domestic commercial permit. In U.S. commercial fisheries, commercial fishing operations into one fisheries, including (1) evaluating optimum sustainable population (OSP) of three categories based on the marine mammal stock status; (2) had been the standard used to issue a frequency of incidental mortality and evaluating the levels of incidental general permit authorizing such serious injury of marine mammals and mortality and serious injury in incidental take. General permits could to publish an annual list of fisheries by commercial fisheries by placing not be issued for the take of marine category (16 U.S.C. 1383a(b)). observers on vessels, reporting mammals from a population that was In 1994, the MMPA was amended to requirements, and other means; (3) determined to be below its OSP level. add sections 117 and 118 (16 U.S.C. developing take reduction plans and Internationally, nations could not export 1386 and 1387, respectively), which regulations to reduce incidental fish to the United States if caught in a established the current U.S. standards mortality and serious injury of marine manner that would not be allowed by a governing the incidental take of marine mammals below each stock’s PBR level general permit (45 FR 72194, October mammals in commercial fisheries. and, ultimately, to insignificant levels 31, 1980). These amendments established a new approaching zero mortality and serious In January 1988, NMFS announced its metric: Potential Biological Removal injury rate, following consultation with intention to prepare an Environmental (PBR). PBR is defined as ‘‘the maximum stakeholder-based take reduction teams; Impact Statement (EIS) on the proposed number of animals, not including and (4) implementing emergency reissuance of domestic general permits natural mortalities, that may be removed regulations when necessary. However, authorizing commercial fishers to take from a marine mammal stock while regulations implementing the MMPA’s marine mammals incidental to allowing that stock to reach or maintain import provisions at section 101(a)(2) commercial fisheries (53 FR 2069, its optimum sustainable population’’ (16 were never modified to codify these January 26, 1988). In preparing the draft U.S.C. 1362(20)). new U.S. standards. Instead the EIS, NMFS determined that it had With this change in the MMPA, regulatory focus was narrowed to govern insufficient information to determine incidental take authorizations and imports of yellowfin tuna and fish OSP levels for the majority of marine regulations to reduce incidental take in products caught with driftnets. mammal stocks taken in U.S. commercial fisheries became linked to commercial fisheries. Subsequently, a PBR, which could be readily calculated Petition legal challenge to an MMPA general for marine mammal stocks. The 1994 On March 5, 2008, the U.S. permit resulted in a court order that amendments reaffirmed the original goal Department of Commerce and other NMFS could not issue a general permit of the MMPA to reduce the incidental relevant Departments were petitioned to incidentally take any population that mortality or serious injury of marine under the MMPA to ban the imports of is below its OSP level or for which mammals in the course of commercial swordfish and swordfish products from NMFS could not calculate OSP. See fishing operations to insignificant levels nations that have failed to provide Kokechik Fishermen’s Ass’n. v. approaching zero. To more clearly reasonable proof of the effects on ocean Secretary of Commerce, 839 F.2d 795 delineate this goal, NMFS later issued mammals of the commercial fishing (D.C. 1988). Without OSP regulations (50 CFR 229.2) to define this technology in use to catch swordfish. determinations, NMFS could not make ‘‘insignificance threshold’’ as 10% of a The petition was submitted by two the findings required to waive the stock’s PBR level. Therefore, with these nongovernmental organizations, the MMPA moratorium on incidental take amendments, MMPA section 118(f)(2) Center for Biological Diversity and and therefore could not promulgate sets two goals. The short-term goal is to Turtle Island Restoration Network. The regulations to issue a general permit for reduce and maintain incidental petition is available at the following the incidental take of marine mammals mortality and serious injury below the Web site: http://www.nmfs.noaa.gov/ia/ in commercial fishing operations. PBR of a stock. The long-term goal is to docs/swordfish_petition_l-4.pdf. Copies

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of this petition may also be obtained by III of the MMPA (16 U.S.C. 1371(a)(2)(B) authorized or certified charter vessels, contacting NMFS [see ADDRESSES]. and 16 U.S.C. 1411–1417), implemented and from such vessel(s) or entity(ies) On December 15, 2008, NMFS in 50 CFR 216.24(a)–(g), and are not fish are caught or harvested that are a published a notice of receipt of the addressed in this proposed rule. part of any cargo or shipment of fish to petition in the Federal Register and a Likewise, section 101(a)(2)(F) (16 U.S.C. be imported into the United States, request for public comments through 1371(a)(2)(F)) of the MMPA and its regardless of any intervening January 29, 2009 (73 FR 75988). NMFS implementing regulations cover marine transshipments, exports or re-exports. subsequently reopened the comment mammal incidental mortality and By this definition NMFS clarifies that period for an additional 45 days from serious injury from high seas driftnet the government or ‘‘harvesting nation’’ February 4 to March 23, 2009 (74 FR fisheries and are not addressed in this is the sovereign nation responsible for 6010, February 4, 2009). proposed rule. regulating its exempt and export On April 30, 2010, NMFS published To implement section 101(a)(2) and fisheries, providing all necessary an advance notice of proposed 102(c)(3) of the MMPA, NMFS is documentation proposed to be required rulemaking (ANPR) describing options proposing a procedural approach by this rule and consulting with the to develop procedures to implement the similar to the regulations implementing Assistant Administrator on the subject import provisions of MMPA section the affirmative finding process for fisheries. A harvesting nation’s exempt 101(a)(2) (75 FR 22731). On July 1, 2010, importing yellowfin tuna caught with and export fisheries include commercial NMFS extended the comment period for purse seine vessels in the eastern fishing operations from a nation’s flag an additional 60 days (75 FR 38070). tropical Pacific Ocean (51 FR 28963, vessels conducted on the high seas and Although the petition requested August 13, 1986). Section 101(a)(2) of in another coastal state’s exclusive specific action regarding imports of the MMPA only pertains to incidental economic zone (EEZ), and all vessels, swordfish and swordfish products, the serious injury and mortality to marine persons, and operations within a import provisions of the MMPA apply mammals from commercial fishing nation’s EEZ and territorial sea. more broadly to imports from other operations that export the fish product foreign fisheries that use ‘‘commercial to the United States and does not apply Overview of the Proposed Process fishing technology which results in the to a foreign nation’s non-exporting This section provides an overview of incidental kill or incidental serious fisheries or other sources of non-fishery the proposed process for implementing injury of ocean mammals in excess of human-caused incidental mortality and MMPA sections 101(a)(2)(A) and U.S. standards.’’ Additionally, on serious injury of marine mammals. 102(c)(3). Each step is discussed in more October 5, 2011, and on March 13, 2012, Consistent with this approach, NMFS detail in subsequent sections of this NOAA received correspondence from 21 is proposing to define ‘‘Fish and Fish rule. NMFS will identify harvesting animal rights and animal welfare Products’’ for the purposes of this nations with commercial fishing organizations and Save Our Seals Fund, proposed rule as any marine finfish, operations that export fish and fish respectively, urging it to take action to mollusk, crustacean, or other form of products to the United States and ban the importation of Canadian and marine life other than marine mammals, classify those fisheries based on their Scottish aquaculture farmed salmon into reptiles, and birds, whether fresh, frequency of marine mammal the United States due to the intentional frozen, canned, pouched, or otherwise interactions as either ‘‘exempt’’ or killing of seals which is prohibited prepared in a manner that allows ‘‘export’’ fisheries (See section entitled under the MMPA sections 101(a)(2), species identification, but does not ‘‘List of Foreign Fisheries’’ for 102(c)(3) for international fisheries, and include fish oil, slurry, sauces, sticks, definitions of exempt and export 118(a)(5) for domestic fisheries. NOAA balls, cakes, and pudding and other fisheries). decided that the proposed rule would be similar highly processed fish products. NMFS will publish in the Federal broader in scope than the 2008 petition NMFS is proposing to exclude fish oil, Register a list of harvesting nations, and is not limited in application to slurry, sauces, sticks, balls, cakes, their fisheries, and their classifications swordfish fisheries. pudding and other similar highly as a List of Foreign Fisheries. Based processed fish products from the upon the List of Foreign Fisheries, the Overall Framework To Implement requirements of the proposed rule as Assistant Administrator will consult Sections 101(a)(2) and 102(c)(3) of the these represent processed product with harvesting nations, informing them MMPA which cannot be tracked back to one of the regulatory requirements for NMFS is proposing to amend 50 CFR species of fish or a specific commercial exempt and export fisheries to import 216.24 to add a new section to establish fishing operation. Instead NMFS will fish and fish products into the United procedures and conditions for track Harmonized Tariff Schedule (HTS) States. evaluating a harvesting nation’s codes (http://www.usitc.gov/ NMFS will allow a one-time only, regulatory program for reducing marine publications/docs/tata/hts/bychapter/ initial five-year exemption period, mammal incidental mortality and 1401c16_0.pdf) which correspond to similar to the Interim Exemption for serious injury in its export fisheries, to whole fish or processed fish which can domestic fisheries, commencing from determine whether it is comparable in be identified to a species. Examples the effective date of the final rule effectiveness to the U.S. regulatory included under this definition: implementing these regulations. During program. However, it is not proposing to Crabmeat in airtight containers, lobster the exemption period, the prohibitions amend any other section within 50 CFR products, bonito, yellowtail, pollock, of this rule will not apply with respect 216.24, including the regulations on mackerel, tunas, among others. to imports from the harvesting nation. importing fish products taken in high NMFS is also proposing to define This exemption period is necessary to seas driftnet fisheries or in eastern ‘‘harvesting nation’’ as the country allow harvesting nations sufficient time tropical Pacific yellowfin tuna purse under whose flag or jurisdiction one or to develop regulatory programs to seine fisheries. Dolphin (family more fishing vessels or other entity comply with the requirements to obtain Delphinidae) incidental mortality and engaged in commercial fishing a comparability finding, which are serious injury in eastern tropical Pacific operations are documented, or which described below. By the end of the yellowfin tuna purse seine fisheries are has by formal declaration or agreement exemption period and every four years covered by section 101(a)(2)(B) and Title asserted jurisdiction over one or more thereafter, a harvesting nation must

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have applied for and received a U.S. regulatory program are discussed ‘‘export fishery’’ based on the reliable comparability finding for its fisheries in below in more detail, including the information provided by the harvesting order for fish and fish products from conditions for harvesting nations with nation. those fisheries to be imported into the fisheries operating on the high seas and NMFS defines ‘‘exempt fishery’’ as a United States. Fish and fish products in another coastal state. foreign commercial fishing operation from fisheries that fail to receive a NMFS is not proposing to require that determined by the Assistant comparability finding may not be a harvesting nation match every aspect Administrator to be the source of imported into the United States. After of the U.S. regulatory program to obtain exports of commercial fish and fish the conclusion of the one-time a comparability finding for an export products to the United States and to exemption period, any harvesting nation fishery. Instead, the conditions allow for have a remote likelihood of, or no or fishery that has not previously flexibility in granting a comparability known, incidental mortality and serious exported to the United States would be finding to programs that effectively injury of marine mammals in the course granted a provisional comparability achieve comparable results to the U.S. of commercial fishing operations. A finding not to exceed 12 months. Prior regulatory program even where they use commercial fishing operation that has a to the expiration of that provisional different mechanisms to do so. remote likelihood of causing incidental comparability finding a harvesting In the event that an exempt or export mortality and serious injury of marine nation must provide information to fishery fails to receive a comparability mammals is one that collectively with classify the fishery and apply for and finding from the Assistant other foreign fisheries exporting fish receive a comparability finding for its Administrator, importation of fish and and fish products to the United States fishery to continue to export to the fish products from that fishery into the causes the annual removal of: United States after the expiration of the United States will be prohibited under (1) Ten percent or less of any marine provisional comparability finding. sections 101(a)(2) or 102(c)(3) of the mammal stock’s bycatch limit, or MMPA until the harvesting nation (2) More than 10 percent of any To receive a comparability finding for reapplies and receives a comparability marine mammal stock’s bycatch limit, a fishery operating within the harvesting finding for that fishery. yet that fishery by itself removes 1 nation’s exclusive economic zone (EEZ) Throughout this process, NMFS will percent or less of that stock’s bycatch and territorial sea, the harvesting nation engage in consultations with harvesting limit annually, or must demonstrate it has prohibited the nations. Contingent on annual (3) Where reliable information has not intentional mortality or serious injury of appropriations, NMFS may work with been provided by the harvesting nation marine mammals in the course of harvesting nations to assist with the on the frequency of incidental mortality commercial fishing operations in an design of marine mammal assessments and serious injury of marine mammals exempt and export fishery unless the and incidental mortality and serious caused by the commercial fishing intentional mortality or serious injury of injury mitigation programs. operation, the Assistant Administrator a marine mammal is imminently To review the ongoing progress in the may determine whether the likelihood necessary in self-defense or to save the development and implementation of the of incidental mortality and serious life of a person in immediate danger; or harvesting nation’s regulatory program injury is ‘‘remote’’ by evaluating that it has procedures to reliably certify for its export fisheries, NMFS will information concerning factors such as that exports of fish and fish products to require progress reports every four fishing techniques, gear used, methods the United States are not the product of years. The proposed rule also contains used to deter marine mammals, target an intentional killing or serious injury provisions regarding intermediary species, seasons and areas fished, of a marine mammal unless the nations. For an intermediary nation to qualitative data from logbooks or fisher intentional mortality or serious injury of export fish and fish products to the reports, stranding data, the species and a marine mammal is imminently United States, the proposed rule calls distribution of marine mammals in the necessary in self-defense or to save the for any intermediary nation to area, or other factors at the discretion of life of a person in immediate danger. demonstrate that it does not import, or the Assistant Administrator. A foreign The harvesting nation must also does not offer for import into the United fishery will not be classified as an demonstrate that it has adopted and States, fish or fish products subject to an exempt fishery unless the Assistant implemented, with respect to an export import prohibition; or it has procedures Administrator has reliable information fishery, a regulatory program governing to reliably certify that exports of fish from the harvesting nation, or other the incidental mortality and serious and fish products from the intermediary information to support such a finding. injury of marine mammals in the course to the United States do not contain fish Exempt fisheries are considered to be of fishing operations in its export or fish products caught or harvested in equivalent to Category III fisheries fishery that is comparable in a fishery subject to an import because the impact of these fisheries on effectiveness to the U.S. regulatory prohibition. In the event that fish and marine mammals is remote. Commercial program. The U.S. regulatory program fish products from a fishery are fishing operations that NMFS governing the incidental mortality and prohibited, NMFS has included determines meet the definition of an serious injury of marine mammals in the provisions for an individual shipment exempt fishery would still be required course of commercial fishing operations certification of admissibility that will to obtain a comparability finding by is specified at 16 U.S.C. 1386 and 1387, allow the importation of similar fish and having the harvesting nation and also includes other regulatory fish products from a harvesting nation’s demonstrate that it has either prohibited requirements under the MMPA that fisheries that received comparability the intentional mortality or serious regulate interactions of commercial findings. injury of marine mammals in the course fishing with marine mammals. The of commercial fishing operations in regulations implementing these List of Foreign Fisheries—Initial these exempt fisheries, unless the provisions constitute the U.S. regulatory Identification and Classification intentional mortality or serious injury of program. The conditions that constitute NMFS proposes to classify foreign a marine mammal is imminently a harvesting nation’s regulatory program commercial fishing operations exporting necessary in self-defense or to save the for the Assistant Administrator to find fish and fish products to the United life of a person in immediate danger; or it comparable in effectiveness to the States as either an ‘‘exempt fishery’’ or that it has procedures to reliably certify

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that exports of fish and fish products to properly classify the foreign commercial classify foreign commercial fishing the United States are not the product of fishing operation. operations as export or exempt fisheries an intentional killing or serious injury Export fisheries would be considered under the category definition within 50 of a marine mammal unless the to be the functional equivalent to CFR 229.2 and the procedures used to intentional mortality or serious injury of Category I or II fisheries under the U.S. categorize U.S. fisheries as Category I, II, a marine mammal is imminently regulatory program (see definitions at 50 or III, reflected at http:// necessary in self-defense or to save the CFR 229.2). Fisheries that NMFS www.nmfs.noaa.gov/pr/interactions/ life of a person in immediate danger. determines have more than a remote lof/. Exempt fisheries would not have to likelihood of incidental mortality and Initially, NMFS expects information meet the comparability finding serious injury of marine mammals, or on the frequency of interactions in most requirement to have a regulatory for which there is a lack of reliable foreign fisheries to be lacking or program for incidental mortality and information that they have no or a incomplete. In the absence of serious injury comparable in remote likelihood of incidental quantifiable information or reliable effectiveness to the U.S. regulatory mortality and serious injury to marine information from the harvesting nation, program. mammals, will be classified as export NMFS would classify fisheries by NMFS defines ‘‘export fishery’’ as a fisheries. Because the United States analogy with similar U.S. fisheries and foreign commercial fishing operation focuses its incidental mortality and gear types interacting with similar determined by the Assistant serious injury assessment efforts on marine mammal stocks using readily Category I and II fisheries (which are available information or available Administrator to be the source of domestic fisheries where the likelihood observer or logbook information per the exports of commercial fish and fish of incidental mortality and serious procedures outlined in 50 CFR 229.2. products to the United States and to injury is more than remote) NMFS Where no analogous fishery or fishery have more than a remote likelihood of proposes that the regulatory information exists, NMFS would incidental mortality and serious injury requirements of this proposed rule classify the commercial fishing of marine mammals (as defined in the apply to export fisheries. operation as an export fishery until such definition of an ‘‘exempt fishery’’) in the Within the first year of the effective time as the harvesting nation provides course of its commercial fishing date of the final rule implementing the reliable information to properly operations. Where reliable information sections 101(a)(2) and 102(c)(3) of the classify the fishery or in the course of has not been provided by the harvesting MMPA, NMFS would produce a preparing the List of Foreign Fisheries nation on the frequency of incidental proposed and final List of Foreign such information is readily available to mortality and serious injury of marine Fisheries. To develop this list, NMFS the Assistant Administrator. mammals caused by the commercial would analyze imports of fish and fish NMFS is proposing this approach fishing operation, the Assistant products and identify harvesting nations since it follows the U.S. domestic Administrator may determine whether with fisheries exporting such fish and program’s implementation. In situations the likelihood of incidental mortality fish products to the United States that where no information exists for a and serious injury is more than are likely harvested with gear (e.g., domestic fishery, MMPA regulations ‘‘remote’’ by evaluating information gillnets, longlines, trawls, traps/pots, direct NMFS to place the fishery into concerning factors such as fishing purse seines) or methods that have or Category II, because the MMPA provides techniques, gear used, methods used to may have incidental mortality or serious the authority to place observers on deter marine mammals, target species, injury of marine mammals in the course vessels participating in Category II seasons and areas fished, qualitative of their commercial fishing operations. fisheries to collect information, evaluate data from logbooks or fisher reports, NMFS would notify each harvesting risk to the marine mammal stock, and to stranding data, and the species and nation that has such fisheries and properly categorize the fishery (50 CFR distribution of marine mammals in the request that within 90 days of 229.2 and 229.7(d)). The MMPA area, or other factors at the discretion of notification the harvesting nation requires that a harvesting nation provide the Assistant Administrator that may submit reliable information about the the reasonable proof necessary for the inform whether the likelihood of commercial fishing operations United States to determine the ‘‘effects incidental mortality and serious injury identified, including the number of on ocean mammals of the commercial of marine mammals caused by the participants, number of vessels, gear fishing technology.’’ Because harvesting commercial fishing operation is more type, target species, area of operation, nations are not required for exempt than ‘‘remote.’’ Commercial fishing fishing season, and any information fisheries to implement a regulatory operations not specifically identified in regarding the frequency of marine program governing the incidental the current List of Foreign Fisheries as mammal incidental mortality and mortality and serious injury of marine either exempt or export fisheries are serious injury, including programs to mammals in the course of commercial deemed to be export fisheries until the assess marine mammal populations and fishing operations that is comparable in next List of Foreign Fisheries is laws, decrees, regulations, or measures effectiveness to the U.S. regulatory published unless the Assistant to reduce incidental mortality and program or, by extension, to report or Administrator has reliable information serious injury of marine mammals in estimate incidental mortality and from the harvesting nation to properly those fisheries or prohibit the serious injury for the fishery, fisheries classify the foreign commercial fishing intentional killing or injury of marine lacking reliable information of their operation. Additionally, the Assistant mammals. NMFS would evaluate each level of incidental mortality and serious Administrator, may request additional harvesting nation’s submission and injury must be classified as an export information from the harvesting nation request additional information from the fishery until such time as the nation can and may consider other relevant harvesting nations, as necessary. provide the reliable information information as set forth in paragraph If estimates of the total incidental required by the MMPA to classify the (h)(3) of this section about such mortality and serious injury are fishery or in the course of preparing the commercial fishing operations and the available and a bycatch limit has been List of Foreign Fisheries such frequency of incidental mortality and calculated, NMFS will use the information is readily available to the serious injury of marine mammals, to quantitative and tiered analysis to Assistant Administrator. If NMFS does

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not follow this procedure, it cannot local governments; regional fishery discretionary consultations for reasonably determine the ‘‘effects on management organizations; transmittal or exchange of information. ocean mammals of the commercial nongovernmental organizations; Within ninety days of the date of fishing technology’’ from a particular industry organizations; academic publication of the final List of Foreign fishery. By including such data-poor institutions; and citizens and citizen Fisheries in the Federal Register, commercial fishing operations as export groups to identify commercial fishing NMFS, in consultation with the fisheries, harvesting nations have an operations with intentional or Department of State, would consult with incentive to gather and provide to incidental mortality and serious injury the harvesting nations that export fish or NMFS the reliable information of marine mammals. Such information fish products to the United States and necessary for NMFS to consider may include fishing vessel records; provide them with the final List of classifying the fishery as exempt. In reports of on-board fishery observers; Foreign Fisheries, relevant U.S. comments on this proposed rule, NMFS information from off-loading facilities, regulations, and applicable take encourages nations to include reliable port-side government officials, reduction plan measures that relate to information about their commercial enforcement agents, transshipment its exempt and export fisheries. fishing operations exporting fish and vessel workers and fish importers; NMFS would consult with harvesting fish products to the United States, their government vessel registries; RFMO or nations throughout the exemption frequency of marine mammal incidental intergovernmental agreement period and implementation of the mortality and serious injury, and any documents, reports, and statistical program outlined in this rule. Given the regulatory programs to reduce such document programs; appropriate catch number of nations, fisheries, and the mortality and serious injury. It is certification programs; and published range of exports, NMFS does not important that nations work closely literature and reports on commercial envision that all nations will need the with NMFS as soon as possible to fishing operations with intentional or same level of consultations. The exact provide the information necessary to incidental mortality and serious injury nature and extent of these consultations classify their commercial fishing of marine mammals. are discretionary for NMFS and is a operations. NMFS would publish the final List of mechanism through which the United The year prior to the expiration of the Foreign Fisheries in the Federal States could potentially assist a exemption period and every four years Register. The List of Foreign Fisheries harvesting nation’s needs for thereafter, NMFS proposes to re- would be separate and different from information and technical expertise. evaluate foreign commercial fishing the domestic List of Fisheries published NMFS, in consultation with the operations and publish a notice of the annually in the Federal Register, Department of State, would, when draft, for public comment, and the final pursuant to Section 118 of the MMPA necessary or upon request by a revised List of Foreign Fisheries in the (16 U.S.C. 1387(c)(1)). harvesting nation, initiate bilateral Federal Register. In revising the list, The List of Foreign Fisheries would discussions with the harvesting nation NMFS may reclassify a fishery if new be organized by harvesting nation and to, among other things: substantive information indicates the other defining factors including • Communicate the provisions of the need to re-examine and possibly geographic location of harvest, gear- MMPA; reclassify a fishery. Fisheries wishing to type, target species or a combination • Provide notifications of deadlines commence exports of fish and fish thereof. For example, tuna fisheries in for reports or comparability finding products to the United States after the western central Pacific could be applications; publication of the Foreign List of designated as the western central Pacific • Discuss the development, adoption, Fisheries will be classified as export yellowfin tuna purse seine fishery. The implementation, or enforcement of the fisheries until the next List of Foreign List of Foreign Fisheries would also harvesting nation’s regulatory program; Fisheries is published and will be include a list of the marine mammals • Offer an opportunity to provide or provided a provisional comparability that interact with each commercial supplement information on the finding for a period not to exceed twelve fishing operation and indicate the level implementation and enforcement of the months. If a harvesting nation can of incidental mortality and serious harvesting nation’s regulatory program provide the reliable information injury of marine mammals in each in conjunction with an application, necessary to classify the commercial commercial fishing operation. If preliminary comparability finding, or fishing operation at the time of the available, the list would also provide a reconsideration of a comparability request for a provisional comparability description of the harvesting nation’s finding; and finding or prior to the expiration of the programs to assess marine mammal • Provide an opportunity for the provisional comparability finding, stocks and estimate and reduce marine harvesting nation to clarify, support, or NMFS will classify the fishery in mammal incidental mortality and refute information from other sources in accordance with the definitions. The serious injury in its export fisheries; and conjunction with the List of Foreign provisions for new entrants are actions it has taken to prohibit, in the Fisheries, the progress report or an discussed in more detail below. course of commercial fishing operations application for a comparability finding. To classify fisheries, gather that are the source of exports to the NMFS, in consultation with the information to assist in making a United States, the intentional mortality Department of State and the Office of comparability finding, or determine if a or serious injury of marine mammals. the United States Trade Representative, harvesting nation’s fishery is still in would notify harvesting nations with compliance with the terms of a Consultations With Harvesting Nations fisheries that are likely to fail to receive previously-issued comparability The proposed rule includes several a comparability finding for a fishery and finding, NMFS may solicit information consultations that are specific to the provide the harvesting nation with an as part of the High Seas Drift Net comparability finding and those are opportunity to refute preliminary Fishing Moratorium Protection Act outlined below. Three broad comparability findings, and (HSDFMPA) information solicitation consultation areas are (1) notification of communicate any corrective actions and use information obtained from U.S. the List of Foreign Fisheries; (2) taken to comply with the conditions of government agencies; harvesting notification of a denial of a a comparability finding. If a harvesting nations; other foreign, regional, and comparability finding; and (3) nation cannot refute preliminary

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comparability findings, or communicate is insufficient, NOAA will draw territorial sea, the EEZ of another coastal any corrective actions taken to comply reasonable conclusions based on state (excluding its territorial sea) or on with the comparability finding information from other sources, the high seas, that it either prohibits the conditions, by the expiration of either including analogous fisheries. For intentional killing or serious injury of the exemption period or an existing example, where a harvesting nation marine mammals in the course of comparability determination, the fishery does not provide sufficient relevant commercial fishing operations unless will not receive a comparability finding information for a fishery and the intentional mortality or serious and will have to reapply. The Assistant information from other sources of direct injury of a marine mammal is Administrator would, in consultation evidence regarding the fishery is not imminently necessary in self-defense or with the Department of State and the readily available to NOAA, the Assistant to save the life of a person in immediate Office of the United States Trade Administrator shall draw reasonable danger; or that it has procedures to Representative, consult with harvesting conclusions based on other information, reliably certify that exports of fish and nations that failed to receive a such as indirect evidence of bycatch in fish products to the United States are comparability finding for a fishery, the fishery or information from not the product of an intentional killing provide the reasons for the denial of analogous fisheries (e.g. fisheries that or serious injury of a marine mammal such comparability finding, and use similar gear type or operate under unless the intentional mortality or encourage the harvesting nation to take similar conditions as the fishery at serious injury of a marine mammal is corrective action and reapply for a issue). In addition, all agency decisions imminently necessary in self-defense or comparability finding. under this rule must comply with the to save the life of a person in immediate Administrative Procedure Act (5 U.S.C. Comparability Finding for Harvesting danger. This prohibition includes 500 et seq.), including the relevant Nations’ Fisheries aquaculture operations that interact requirements prohibiting arbitrary and with or occur in marine mammal habitat Section 101(a)(2)(A) requires that the capricious decisionmaking. and the intentional killing of marine Assistant Administrator ‘‘insist on The comparability finding has two mammals for bait in commercial fishing reasonable proof’’ from harvesting parts. The first part requires the operations. The application of the nations as to the effect of its commercial harvesting nation to demonstrate that it intentional lethal removal provisions of fishing technology on marine mammals. has either prohibited the intentional Section 120 of the MMPA (16 U.S.C. As a condition to import fish and fish mortality or serious injury of marine 1389) do not fall under this proposed products into the United States, NMFS mammals in the course of commercial rule as they are not undertaken in the proposes to require that a harvesting fishing operations in an exempt and course of commercial fishing. nation apply for and receive a export fishery unless the intentional Harvesting nations may implement comparability finding for its fisheries. mortality or serious injury of a marine this provision by either instituting a The first application for a comparability mammal is imminently necessary in law, regulation, or licensure or permit finding must be submitted by March 1st self-defense or to save the life of a condition applicable to its export and of the last year of the exemption period, person in immediate danger; or that it exempt fisheries that prohibits the and on March 1st every four years has procedures to reliably certify that intentional killing or serious injury of thereafter. To receive a comparability exports of fish and fish products to the marine mammals in the course of finding, a harvesting nation must submit United States are not the product of an commercial fishing operations. In the an application, along with documentary intentional killing or serious injury of a evidence demonstrating that the marine mammal unless the intentional absence of this approach, a harvesting harvesting nation’s export or exempt mortality or serious injury of a marine nation must submit documentary fishery meets the requirements of a mammal is imminently necessary in evidence that it has procedures, such as comparability finding including, where self-defense or to save the life of a certification programs and tracking and applicable, reasonable proof as to the person in immediate danger. No later verification schemes, to reliably certify effects on marine mammals of the than November 30th of the year when that its exports of fish and fish products commercial fishing technology in use in the exemption period or comparability to the United States are not the product the fishery for fish or fish products finding is to expire, NMFS would grant of the intentional killing or serious exported from such nation to the United or renew the comparability finding for injury of marine mammals. States. For the purposes of this exempt fisheries should they meet this To receive a comparability finding for proposed rule, documentary evidence condition, export fisheries must meet export fisheries, a harvesting nation means the submission to the Assistant this and other conditions, discussed must not only demonstrate that it meets Administrator by a responsible below. the conditions related to intentional government official from a harvesting The prohibition of intentional killing killing and serious injury of marine nation of information of sufficient or seriously injuring a marine mammal mammals in the course of commercial detail, including an attestation that the is one of the U.S. standards within the fisheries, it must also meet a second information is accurate, to allow the MMPA (16 U.S.C. 1387(a)(5) and 16 condition. The Assistant Administrator Assistant Administrator to evaluate the U.S.C. 1372(c)(3)). The United States will grant or renew a comparability effects on ocean mammals of the prohibits the intentional killing or finding for an export fishery under the commercial fishing technology in use injury of marine mammals in the course jurisdiction of a harvesting nation for such fish or fish products exported of all commercial fishing operations provided the harvesting nation has and, from such nation to the United States unless the intentional mortality or in the case of a renewal, maintains a for making a comparability finding. serious injury of a marine mammal is regulatory program that is comparable When making a comparability finding imminently necessary in self-defense or in effectiveness to the U.S. regulatory NMFS will rely largely on the to save the life of a person in immediate program in reducing marine mammal documentary evidence provided by the danger. Therefore, NMFS proposes that incidental mortality and serious injury harvesting nation; however, NOAA will to receive a comparability finding, a in commercial fishing operations, also consider information from other harvesting nation must demonstrate for including for transboundary stocks, readily available sources. Where all exempt and export fisheries, whether subject to the additional considerations information from the harvesting nation such operations are within its EEZ, its for a comparability finding set out in the

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section on ‘‘Considerations for comparability finding and will be killed or seriously injured in the export Comparability Finding Determinations’’. ineligible to export fish and fish fishery; Different conditions exist for the products to the United States. 2. An export fishery register following areas of a harvesting nation’s NOAA seeks comment on alternative containing a list of all vessels export fisheries: Export fisheries approaches for meeting the participating in an export fishery under operating within the EEZ or territorial requirements of section 101(a)(2)of the the jurisdiction of the harvesting nation, waters of the harvesting nation, export MMPA. For example, the rule could including the number of vessels fisheries operating within the operate on the basis of non- participating, information on gear type, jurisdiction of another coastal state and comparability findings. Under this target species, fishing season, and export fisheries operating on the high alternative, the Assistant Administrator fishing area for each export fishery; seas. Each is discussed below. The would issue non-comparability findings 3. Regulatory requirements (e.g., proposed rule’s consideration of these where it determines (considering including copies of relevant laws, three different areas is comparable to documentary evidence and information decrees, and implementing regulations the U.S. regulatory program governing from other sources that a harvesting or measures) that include: U.S. domestic fisheries operating in nation’s regulatory program is not (a) A requirement for the owner or these areas. comparable in effectiveness to the U.S. operator of vessels participating in the In using the terms ‘‘comparable in regulatory program and that the fishery to report all intentional and effectiveness’’ NMFS means that the commercial fishing technology used in incidental mortality and injury of program includes the same conditions the fishery results in marine mammal marine mammals in the course of listed below or the program effectively bycatch in excess of U.S. standards. commercial fishing operations; and achieves comparable results to the U.S. Under this alternative, continued entry (b) A requirement to implement regulatory program. This approach gives of seafood into the U.S. would be measures in export fisheries designed to harvesting nations flexibility to predicated on the absence of a ‘‘non- reduce the total incidental mortality and implement the same type of regulatory comparability finding,’’ though the serious injury of a marine mammal program or a program that is completely criteria could be similar to what is stock below the bycatch limit. Such different but achieves the same results. described in below, as applicable. measures may include: Bycatch Since NMFS has developed regulatory A modification of this alternative reduction devices; incidental mortality measures for its domestic commercial would be for the Assistant and serious injury limits; careful release fisheries with incidental mortality and Administrator to issue comparability and safe-handling of marine mammals serious injury of transboundary stocks findings unless it determines and gear removal; gear marking; bycatch and shares management authority for (considering documentary evidence and avoidance gear (e.g., pingers); gear such stocks with other harvesting information from other sources) that a modifications or restrictions; or time- nations, NMFS emphasizes the harvesting nation’s regulatory program area closures. consideration of transboundary stocks is not comparable in effectiveness to the 4. Implementation of monitoring in the comparability finding conditions U.S. regulatory program and that the procedures in export fisheries designed in the proposed rule. In the proposed commercial fishing technology used in to estimate incidental mortality and rule, NMFS defines a transboundary the fishery results in marine mammal serious injury of marine mammals in stock as a marine mammal stock bycatch in excess of U.S. standards. The each export fishery under its occurring in the EEZ or territorial sea of regulatory text would read as follows: jurisdiction, as well as estimates of the United States and one or more other ‘‘Conditions for a Comparability Finding. cumulative incidental mortality and coastal States, or in the EEZ or territorial In response to an application, the Assistant serious injury for marine mammal sea of the United States and on the high Administrator shall issue a harvesting nation stocks in waters under its jurisdiction seas. Because NMFS shares a comparability finding for the fishery unless that are incidentally killed or seriously conservation and management for these the Assistant Administrator finds that the injured in the export fishery and other stocks with other nations, a harvesting harvesting nation has not met the applicable export fisheries with the same marine nation must demonstrate that it has conditions set out in . . .)’’ mammal stock, including an indication implemented a regulatory program for Comments should discuss the relative of the statistical reliability of those its export fisheries (whether operating costs and benefits of these or any other estimates; in its EEZ, territorial sea, or on the high alternative approaches, including 5. Calculation of bycatch limits for seas) that is comparable in effectiveness aspects related to paperwork burden. marine mammal stocks in waters under to the U.S. regulatory program for its jurisdiction that are incidentally Conditions for a Comparability Finding transboundary stocks, especially for killed or seriously injured in an export for an Export Fishery Operating Within transboundary stocks governed by fishery; specific requirements of the U.S. a Harvesting Nation’s EEZ or Territorial 6. Comparison of the incidental regulatory program, including take Sea mortality and serious injury of each reduction plans. A comparability finding would be marine mammal stock or stocks that NMFS recognizes that harvesting granted or renewed for an export fishery interact with the export fishery in nations face resource limitations. A where the Assistant Administrator finds relation to the bycatch limit for each harvesting nation can submit an that the harvesting nation implements a stock; and comparison of the cumulative application for a comparability finding regulatory program comparable in incidental mortality and serious injury for all or a subset of its export fisheries. effectiveness to the U.S. regulatory of each marine mammal stock or stocks In the proposed rule, the harvesting program with respect to the export that interact with the export fishery and nation has the flexibility to prioritize fishery that includes, or effectively any other export fisheries of the the export fisheries to which it will achieves comparable results as, the harvesting nation showing that these devote resources towards developing its following conditions: export fisheries: regulatory program. Export fisheries not 1. Marine mammal stock assessments (a) Does not exceed the bycatch limit included in the application and not that estimate population abundance for for that stock or stocks; or governed by the harvesting nation’s marine mammal stocks in waters under (b) Exceeds the bycatch limit for that regulatory program will not receive a its jurisdiction that are incidentally stock or stocks, but the portion of

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incidental marine mammal mortality or fisheries, but that it would prioritize for an export fishery operating within serious injury for which the exporting and implement more stringent measures the jurisdiction of another coastal state fishery is responsible is at a level that, on export fisheries with the highest where the Assistant Administrator finds if the other export fisheries interacting bycatch levels. that the harvesting nation maintains a with the same marine mammal stock or To implement its regulatory program, regulatory program that includes, or stocks were at the same level, would not generally, regardless of location, the effectively achieves comparable results result in cumulative incidental harvesting nation may enter into as, the following conditions: mortality and serious injury in excess of arrangements with academic 1. Implementation in the export the bycatch limit for that stock or stocks. institutions, non-governmental bodies, fishery: NMFS is proposing that a harvesting or any other entity to conduct (a) With respect to any transboundary nation calculate bycatch limits using assessments, estimate incidental stock interacting with the export fishery, either the PBR equation (50 CFR 229.2), mortality and serious injury, test and any measures to reduce the incidental or a comparable equation that implement mitigation measures, or carry mortality and serious injury of that incorporates scientific uncertainty about out any other components of the stock that the United States requires its the population estimate and trend and regulatory program, so long as the domestic fisheries to take with respect results in sustainable levels of harvesting nation maintains that transboundary stock; and incidental mortality and serious injury responsibility for the oversight, (b) With respect to any other marine while still allowing the marine mammal verification and reporting on the mammal stocks interacting with the stock to grow or recover. The scientific implementation of its regulatory export fishery while operating within literature demonstrates other nations program to the United States. the jurisdiction of the coastal state or on have adopted variations on PBR that are A nation could receive a the high seas, any measures to reduce comparable and achieve this goal. comparability finding for its export incidental mortality and serious injury For marine mammal stocks that have fishery without conducting a marine that the United States requires its bycatch limits and the export fisheries mammal stock assessment, estimating domestic fisheries to take with respect that interact with those stocks, a bycatch, or calculating a bycatch limit to that marine mammal stock. harvesting nation that is seeking a provided it can demonstrate that its 2. For an export fishery not subject to comparability finding for an export program achieves comparable results to management by a regional fishery fishery must demonstrate that the the U.S. regulatory program. NMFS will management organization the harvesting cumulative incidental mortality and consider whether a regulatory program nation: serious injury of each marine mammal effectively achieves the outcomes of the (a) An assessment of marine mammal stock or stocks resulting from fishing U.S. regulatory program for similar abundance of stocks interacting with the technology used by the export fishery marine mammal stocks and fisheries export fishery, the calculation of a and any other export fisheries of the (considering gear type and target bycatch limit for each such stock, an harvesting nation that interact with the species), providing flexibility to allow a estimation of incidental mortality and same marine mammal stock or stocks nation to develop comparably effective serious injury for each stock and does not exceed the bycatch limit for alternative measures to reduce reduction in or maintenance of the that stock or stocks. In instances where incidental mortality and serious injury. incidental mortality and serious injury the cumulative incidental mortality and Therefore, the Assistant Administrator of each stock below the bycatch limit. serious injury exceeds the bycatch limit may make a comparability finding based This data included in the application for that stock or stocks, the harvesting on alternative measures or approaches may be provided by the coastal state; nation must demonstrate that the provided the harvesting nation’s and portion of incidental marine mammal regulatory program effectively achieves (b) Comparison of the incidental mortality or serious injury for which the comparable results to the U.S. mortality and serious injury of each exporting fishery is responsible is at a regulatory program. marine mammal stock or stocks that level that, if the other export fisheries of interact with the export fishery in Conditions for a Comparability Finding that harvesting nation interacting with relation to the bycatch limit for each the same marine mammal stock or for an Export Fishery Operating Within stock; and comparison of the cumulative stocks were at the same level, would not the Jurisdiction of Another Coastal State incidental mortality and serious injury result in cumulative incidental International law provides that coastal of each marine mammal stock or stocks mortality and serious injury in excess of States have sovereign rights to manage that interact with the export fishery and the bycatch limit for that stock or stocks. fisheries in waters under their any other export fisheries of the For example, in the latter scenario, jurisdiction. More than ninety percent harvesting nation showing that these three export fisheries (A, B, and C) of the global fish catch is estimated to export fisheries do not exceed the cumulatively exceed the bycatch limit be taken within waters under the bycatch limit for that stock or stocks; or of 30 animals for a particular marine jurisdiction of coastal States. The large exceed the bycatch limit for that stock mammal stock. If export fishery C’s majority of fishing activity taking place or stocks, but the portion of incidental incidental mortality and serious injury in waters under the jurisdiction of most marine mammal mortality or serious is 5 animals, it would meet this coastal States is undertaken by vessels injury for which the export fishery is condition to qualify for a comparability registered in the coastal States responsible is at a level that, if the other finding, if all three export fisheries each themselves. In such situations, the export fisheries interacting with the had the same level of incidental coastal State is also the flag State and same marine mammal stock or stocks mortality and serious injury (i.e., 5 the harvesting nation. This scenario were at the same level, would not result animals for a cumulative total of 15), covers fishing vessels registered to a in cumulative incidental mortality and bycatch would be below the bycatch harvesting nation that operate with serious injury in excess of the bycatch limit of 30. permission of another coastal State or limit for that stock or stocks. In this situation, NMFS expects a fish under terms of access granted to 3. For an export fishery subject to harvesting nation will take measures to them by the coastal State. management by a regional fishery reduce the incidental mortality and The Assistant Administrator will management organization, the serious injury by all of its export grant or renew a comparability finding harvesting nation demonstrates it

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applies a regulatory program used among other factors to assess those program in the export fishery and comparable in effectiveness to the export fisheries. progress toward reducing the total United States regulatory program, which These provisions also provide an incidental mortality and serious injury includes implementing marine mammal alternative route to receiving a of marine mammals in the export data collection and conservation and comparability finding, including in fishery to levels below the bycatch limit. management measures applicable to that circumstances when the export fishery This information could include data fishery required under an applicable is governed by an intergovernmental readily available to the U.S. Government intergovernmental agreement or regional agreement or RFMO to which the as well as information made available fisheries management organization to United States is not a party. In this by other nations, international which the United States is a party. situation, NMFS will evaluate any organizations (such as RFMOs), conservation and management measures institutions, bilateral or other Conditions for a Comparability Finding adopted by the intergovernmental arrangements, or non-governmental for an Export Fishery Operating on the agreement or RFMO and any other organizations. High Seas measures adopted by a harvesting When determining whether a For export fisheries operating on the nation that constitute its regulatory harvesting nation’s regulatory program high seas, the Assistant Administrator program governing its high seas export is comparable in effectiveness to the would grant or renew a comparability fisheries interacting with marine U.S. regulatory program, NMFS will finding where the Assistant mammals. NMFS will then determine consider: Administrator finds that the harvesting whether this regulatory program is • U.S. implementation of its nation maintains a regulatory program comparable in effectiveness to the U.S. regulatory program for similar marine with respect to the harvesting nation’s regulatory program for similar fisheries mammal stocks and similar fisheries export fisheries operating on the high interacting with similar stocks. (considering gear, target species, or seas that includes, or effectively This provision also addresses other factors), including transboundary achieves comparable results as, the situations where the United States has stocks governed by regulations following conditions: adopted measures through a take implementing a take reduction plan, 1. Implementation in the fishery of reduction plan governing U.S. vessels and any other relevant information marine mammal data collection and participating in high seas fisheries to received during consultations; conservation and management measures reduce incidental mortality and serious • The extent to which the harvesting applicable to that fishery required under injury of a transboundary stock. While nation has implemented measures in the any applicable intergovernmental the United States would attempt to export fishery to reduce the total agreement or regional fisheries advance such measures for adoption by incidental mortality and serious injury management organization to which the the intergovernmental agreement or of a marine mammal stock below the United States is a party; and RFMO, there may be situations where bycatch limit; 2. Implementation in the export the measures are not adopted by the • The effectiveness of such measures, fishery of: RFMO. In that case, for high seas based on evidence that such measures (a) With respect to any transboundary fisheries that interact with implemented in an export fishery have stock interacting with the export fishery, transboundary stocks, a harvesting reduced or are progressing and likely to any measures to reduce the incidental nation would be expected to implement reduce the cumulative incidental mortality and serious injury of that a regulatory program for such stocks mortality and serious injury of a marine stock that the United States requires its that is comparable in effectiveness to mammal stock below the bycatch limit, domestic fisheries to take with respect the U.S. regulatory program for its especially for the marine mammal that transboundary stock; and vessels operating on the high seas or the stocks interacting with an export fishery (b) With respect to any other marine U.S. EEZ or territorial sea, including any with the greatest contribution to the mammal stocks interacting with the relevant RFMO measures that the U.S. is incidental mortality and serious injury; export fishery while operating on the applying on its fisheries. If the U.S. • Relevant facts and circumstances, high seas, any measures to reduce regulatory program includes measures which may include, the history and incidental mortality and serious injury prescribed for the high seas and the U.S. nature of interactions with marine that the United States requires its EEZ or territorial sea to reduce the mammals in this export fishery, whether domestic fisheries to take with respect incidental mortality or serious injury of the level of incidental mortality and to that marine mammal stock when they transboundary stocks, and such stocks serious injury exceeds the bycatch limit are operating on the high seas. frequent both the high seas and the for a marine mammal stock, the An export fishery must satisfy the harvesting nation’s EEZ or territorial population size and trend (particularly appropriate condition to receive a sea, the harvesting nation must have a for declining stocks), and the estimated comparability finding. For example, for regulatory program applicable to both population level impacts of the high seas export fisheries or export areas that is comparable in effectiveness incidental mortality and serious injury fisheries operating within another to the U.S. regulatory program. of marine mammals in a harvesting coastal state’s EEZ and governed by an nation’s export fisheries and the Considerations for Comparability RFMO, the proposed rule includes as a conservation status of the marine Finding Determinations condition for a comparability finding mammal stocks where available; that the harvesting nation has adopted When determining whether to grant or • The record of consultations with and implemented data collection and renew any comparability finding for a the harvesting nation, the results of conservation and management measures fishery, the Assistant Administrator these consultations and actions taken by required under an applicable would review and evaluate information the harvesting nation and any intergovernmental agreement or RFMO submitted by the harvesting nation in applicable intergovernmental agreement to which the United States is a party. By making its application for each fishery, or RFMO to reduce the incidental taking this approach NMFS recognizes, and consider readily available mortality and serious injury of marine where the United States is a party to a information from other sources, on the mammals in its export fisheries; and multilateral agreement, the measures extent of the harvesting nation’s • Information gathered during onsite adopted under that agreement should be implementation of its regulatory inspection by any government official of

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an export fishery’s operations and any also considering U.S. regulations fishery that applied for and is unlikely relevant information received during implementing our obligations under to receive a comparability finding consultations. RFMOs, intergovernmental agreements, NMFS, in consultation with the For export fisheries operating on the trade agreements. NMFS will make Secretary of State and the United States high seas covered by an determinations and any resulting Trade Representative, would notify the intergovernmental agreement or RFMO imposition of import restrictions harvesting nation prior to the to which the United States is a party, consistent with the international notification and publication of the NMFS will consider among other things: obligations of the United States, decision whether to issue or deny a • The harvesting nation’s record of including under the WTO Agreement comparability finding in the Federal implementation of or compliance with pertaining to non-discrimination. Register that it is preliminarily denying measures adopted by that RFMO or In this regard, where NMFS lacks data the harvesting nation a comparability intergovernmental agreement for data and PBR calculations for analogous U.S. finding, or terminating an existing collection, incidental mortality and fisheries, NMFS would not require comparability finding, and provide the serious injury mitigation, or the foreign nations to have such data or harvesting nation with an opportunity conservation and management of marine calculations as a condition for a to submit reliable information to refute mammals; comparability finding. In addition, the preliminary denial or termination of • Whether the harvesting nation is a where analogous U.S. fisheries have not the comparability findings, and party or cooperating non-party to the reduced bycatch below an established communicate any corrective actions organization; and bycatch limit, NMFS will evaluate the taken since submission of its • The record of the United States in measures harvesting nations have application to comply with the implementing or complying with such adopted and determine whether those comparability finding conditions. If a measures and whether it has imposed measures are at least as comparable in harvesting nation does not take additional measures on its fleet not effectiveness to the U.S. regulatory corrective action by the time the required by the RFMO or program in reducing marine mammal Assistant Administrator has made all intergovernmental agreement. bycatch. comparability findings and will issue With regard to export fisheries Finally NMFS is interested in such findings in writing to the operating on the high seas, under an receiving comments on the extent to harvesting nation and publish them in intergovernmental agreement or RFMO which these additional considerations the Federal Register, the fishery will not to which the United States is not a party should also apply to exempt fisheries. receive a comparability finding and will NMFS will consider, among other have to reapply for a comparability things: Issuance or Denial of a Comparability finding. NMFS would take the • The harvesting nation’s record of Finding information received and the results of implementation of, or compliance with, No later than November 30th of the such consultations into consideration in measures adopted by that RFMO or year when the exemption period or finalizing its comparability findings or intergovernmental agreement for data comparability finding is to expire, the when making subsequent comparability collection, incidental mortality and Assistant Administrator shall publish in findings for that harvesting nation’s serious injury mitigation, or for the the Federal Register, by harvesting fishery. A preliminary denial or conservation and management of marine nation, a notice of the harvesting termination of a comparability finding mammals, and whether such measures nations and fisheries for which it has shall not result in import prohibitions. are comparable in effectiveness to the issued and denied a comparability Duration and Renewal of a U.S. regulatory program for similar finding and the specific fish and fish Comparability Finding fisheries; products that as a result are subject to • Whether the harvesting nation is a import prohibitions. For those fisheries that receive a party or cooperating non-party to the Prior to publication in the Federal comparability finding, such finding will organization; and Register, the Assistant Administrator, in remain valid for 4 years or for such • The effectiveness of any additional consultation with the Secretary of State other period as the Assistant measures implemented by the and, in the event of a denial of a Administrator may specify to keep it on harvesting nation to reduce or mitigate comparability finding, with the Office of the same renewal cycle, particularly if the incidental mortality and serious the U.S. Trade Representative, shall the comparability finding was issued as injury of marine mammals in these notify each harvesting nation in writing part of a reapplication following a export fisheries, and whether such of the fisheries of the harvesting nation denied or terminated comparability measures are comparable in for which the Assistant Administrator finding or was an application for a new effectiveness to the U.S. regulatory is: export fishery proposed after a round of program for similar fisheries. • Issuing a comparability finding; comparability findings. NMFS prefers to For transboundary stocks incidentally • Denying a comparability finding keep all nations on the same cycle. Thus killed or seriously injured in a high seas with an explanation for the reasons for if a harvesting nation is denied a export fishery, NMFS will also consider the denial of such comparability comparability finding for an export the extent to which the harvesting finding; and fishery and reapplies mid-cycle and nation has adopted and implemented a • Specify the fish and fish products receives a comparability finding for that regulatory program, including measures that will be subject to import fishery, the duration may be less to to reduce the incidental mortality or prohibitions on account of a denial of a bring it into a cycle with all other serious injury of transboundary stocks comparability finding and the effective comparability findings. Likewise this in export fisheries operating on the high date of such import prohibitions. language also allows NMFS to issue a seas and within its EEZ or territorial sea, Notification is the action whereby the comparability finding for less than four that is comparable in effectiveness to decision is made. For a fishery that years to a fishery that was on the cusp the U.S. regulatory program governing applied for and is unlikely to receive a of denial but would benefit from similar U.S. fisheries. comparability finding, NMFS will additional time to demonstrate that its NMFS would make comparability implement a preliminary comparability regulatory program is comparable in findings pursuant to the MMPA, and finding consultation. Specifically, for a effectiveness.

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To seek renewal of a comparability expiration of the provisional NMFS, in consultation with the finding, every 4 years, the harvesting comparability finding, the Assistant Department of State and the Office of nation must submit to the Assistant Administrator will review that the United States Trade Representative, Administrator an application by March information and classify the fishery as would consult with harvesting nations 1 of the year when the comparability either an exempt or export fishery. that failed to receive a comparability finding is due to expire, requesting a finding for a fishery, provide the reasons Discretionary Review of Comparability comparability finding for the fishery for the denial of such comparability Findings and providing the same documentary finding, and encourage the harvesting evidence required for the initial In addition, the Assistant nation to take corrective action and comparability finding, including by Administrator may reconsider a reapply for a comparability finding. providing documentary evidence of any comparability finding and may Any harvesting nation’s fishery that alternative measures they implemented terminate a comparability finding if he fails to attain a comparability finding to reduce the incidental mortality and or she determines that the requirements would remain subject to import serious injury of marine mammals in of these regulations are no longer being prohibitions until it has satisfactorily their export fishery are comparable in met. Given that comparability findings met the conditions for and received a effectiveness and achieve comparable are made every four years, this comparability finding. A harvesting results to the U.S. regulatory program. provision allows the Assistant nation may, at any time, re-apply for or The Assistant Administrator may Administrator to consider the progress request the reconsideration of a denied require the submission of additional report submitted by a harvesting nation, comparability finding for a fishery, and supporting documentation or information collected by the NMFS, or submit documentary evidence to the verification of statements made to information provided by entities Assistant Administrator in support of support a comparability finding. If a including RFMOs, nongovernmental such application or request. Upon harvesting nation’s fishery does not organizations, and the public, to issuance of a comparability finding and receive a comparability finding during determine whether the exempt or export notification to the harvesting nation, the this renewal process, the procedures fishery is continuing to meet the Assistant Administrator, in cooperation detailed below to implement import requirements of these regulations. After with the Secretaries of the Treasury and restrictions would be followed. such review or reconsideration, and Homeland Security, would publish after consultation with the harvesting notification of the removal of the import Procedures for a Comparability Finding nation (preliminary comparability prohibitions for that fishery, effective on for New Foreign Commercial Fishing finding), a comparability finding can be the date of publication in the Federal Operations Wishing To Export to the terminated if the Assistant Register. United States Administrator determines that the basis For foreign commercial fishing for the comparability finding no longer Certification of Admissibility operations not on the List of Foreign applies. The Assistant Administrator If fish or fish products are subject to Fisheries that are new exports to the shall notify in writing the harvesting import prohibitions from a harvesting United States, the harvesting nation nation and publish in the Federal nation’s fishery, the Assistant must notify the Assistant Administrator Register a notice of the termination and Administrator, to avoid circumvention that the commercial fishing operation the specific fish and fish products that of or to facilitate enforcement of import wishes to export fish and fish products as a result are subject to import prohibitions, may publish in the to the United States. Upon notification prohibitions. Federal Register the requirement that the Assistant Administrator shall issue the same or similar fish or fish products Duration of Import Restrictions and a provisional comparability finding from the harvesting nation’s exempt or Removal of Import Restrictions allowing such imports for a period not export fisheries that are not subject to to exceed 12 months. At least 120 days With respect to a harvesting nation for any import prohibitions (i.e., those that prior to the expiration of the provisional which the Assistant Administrator has have received a comparability finding) comparability finding the harvesting denied or terminated a comparability be accompanied by certification of nation must submit to the Assistant finding for a fishery, the Assistant admissibility. Administrator the reliable information Administrator in cooperation with the The Assistant Administrator shall specified in the section to categorize Secretaries of the Treasury and notify the harvesting nation of the foreign fisheries and the application and Homeland Security would identify and fisheries and the fish and fish products the documentary evidence required to prohibit importation of fish and fish to be accompanied by a certification of receive a comparability finding, products from that fishery into the admissibility and provide the necessary including reasonable proof as to the United States until the harvesting documents and instruction. The effects on marine mammals of the nation’s fishery applies or reapplies for, Assistant Administrator in cooperation commercial fishing technology in use in and receives, a comparability finding. with the Secretaries of Treasury and the fishery for fish or fish products The Assistant Administrator, in Homeland Security, shall as part of the exported to the United States. cooperation with the Secretaries of the Federal Register notice referenced Prior to expiration of the provisional Treasury and Homeland Security, will above publish by harvesting nation the comparability finding, the Assistant publish a notice of such import fish and fish products to be Administrator shall review the restrictions in the Federal Register accompanied by a certification of application and information provided announcing the comparability finding admissibility. Any requirement for a and classify the commercial fishing determinations (referenced above). The certification of admissibility shall be operation as either an exempt or export import restrictions would become effective 30 days after the publication of fishery and determine whether to issue effective thirty days after the date of such notice in the Federal Register. the harvesting nation a comparability publication in the Federal Register For each shipment, the certification of finding for the fishery. allowing sufficient time for admissibility must be completed and If the harvesting nation submits the implementation of such restrictions and signed by a duly authorized official or reliable information specified to classify disposition of any product currently in agent of the harvesting nation and the fishery at least 180 days prior to warehouses or in transit. validated by a responsible official(s)

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designated by the Assistant designate validating authorities (e.g., Intermediary Nations Administrator. The certification must NMFS or other agency employees, To prevent any fish or fish products also be signed by the importer of record contractors, accredited third party subject to import prohibitions and submitted in a format (electronic certifiers) and a protocol for validating authorized by this rulemaking from mail, facsimile [fax], the Internet, etc.) the information provided by, or being imported into the United States specified by the Assistant requested from, harvesting nations in from any intermediary nation, including Administrator. NMFS proposes to support of certifications accompanying a processing nation, NMFS proposes modify the certification of admissibility admitted shipments. Pre- and/or post- provisions for intermediary nations. A developed under the HSDFMPA and the entry validations would be conducted fishery without a comparability finding Shark Conservation Act of 2010 to add using a risk-based approach and may may still export its fish and fish a designation on the certification of involve random samples or specific products to an intermediary nation. admissibility stating that the fish or fish screening and targeting criteria. That intermediary nation from which products are from a fishery or nation Admitted products, later determined to fish and fish products would be that are not subject to an import be inadmissible by the validation imported into the United States must in restriction of the United States under process, could be subject to re-delivery turn certify that it exports do not the MMPA. orders and/or administrative sanctions include fish and fish products from a Should import prohibitions be against the importer. harvesting nation’s fisheries that are imposed due to denial or revocation of subject to U.S. import prohibitions The certification of admissibility a comparability finding, NMFS will applied under this rule. To implement identify to Customs and Border would be a requirement for lawful this provision, NMFS would not require Protection the specific HTS codes for import for the fish and fish products an intermediary nation to enact laws or fish and fish products subject to identified by harmonized tariff codes regulations to meet this condition. embargo from the relevant harvesting communicated by NMFS to Customs NMFS recognizes that an intermediary nation. If the fish and fish products and Border Protection (CBP). The nation needs flexibility to determine subject to an import prohibition also certification would be collected as part how it will certify to the United States originate from a different fishery of the of electronic entry filing through the that any fish or fish product that it same harvesting nation, and that Automated Commercial Environment/ exports is not subject to import different fishery is exempt or has been International Trade Data System (ACE/ prohibitions applied under this rule. issued a comparability finding, these ITDS). It is envisioned that a limited The proposed rule creates flexibility products may be subject to requirement number of data elements would be with respect to how a nation can show for a certification of admissibility collected through the partner that it does not export prohibited fish whereby such products would be government agency message set as part and fish products to the United States, admissible to the U.S. if accompanied of the entry/entry summary submission including by providing any certification, by a certification of admissibility that in ACE/ITDS. In addition, an image file traceability, or tracking scheme that may they were not harvested in the fishery of the certification document would be be readily available or that it chooses to subject to the embargo. The certification submitted at entry summary through the create. The nation must demonstrate of admissibility must be properly document imaging system maintained that it has procedures to reliably certify completed and signed by a duly by CBP as part of ACE/ITDS. that exports of fish and fish products authorized official or agent of the The NMFS approach to integrating its from the intermediary to the United harvesting nation. At the time of existing trade monitoring programs into States do not contain fish or fish implementing an import prohibition, ACE/ITDS is to be addressed in a products caught or harvested in a NMFS will communicate the scope of separate rulemaking that is currently fishery subject to an import prohibition. the prohibition to the harvesting nation Those procedures can be implemented under development (RIN 0648–AX63). and, should it be the case that the globally or on a shipment-by-shipment When the ACE/ITDS rulemaking and identified fish and fish products may basis. They could include prohibiting subsequent rulemakings to implement also originate from a fishery of the the import of the prohibited fish and the recommendations of the Presidential harvesting nation other than the fishery fish products, prohibiting the export of Task Force on Combating Illegal, subject to embargo, NMFS would work such product to the United States, or with the harvesting nation to define an Unreported and Unregulated Fishing maintaining a tracking and verification acceptable protocol for certification of and Seafood Fraud (Task Force) (79 FR scheme and including certification of the identified fish and fish products 75536; December 18, 2014) are issued, such scheme on a shipment-by- from the harvesting nation’s non- NMFS may be able to identify fish shipment basis. embargoed fisheries and obtain a list of prohibited from entry under MMPA For purposes of this proposed rule, duly authorized officials designated by authority based on the documentation and in applying the definition of an the harvesting nation as well as details specifying fishery of capture/harvest to ‘‘intermediary nation,’’ an import into of the methods to be implemented by be submitted by the importer to ACE/ the intermediary nation occurs when the harvesting nation to ensure that ITDS as part of the Task Force the fish or fish product is released from certifications are not issued for products traceability program. To eliminate a harvesting nation’s custom of prohibited fisheries. The certification duplicative requirements for MMPA jurisdiction and enters the custom would be required for all inbound import restrictions, NMFS will utilize jurisdiction of the intermediary nation shipments of the identified products import documentation procedures that or when the fish and fish products are (designated by HTS codes) from the have been developed as part of the ACE/ entered into a foreign trade zone of the harvesting nation. While the ITDS and Task Force rulemakings so intermediary nation for processing or certification must be properly long as the information is sufficient to transshipment. No fish or fish products completed and signed as a condition of identify the fish or fish product was not caught or harvested in a fishery subject entry, NMFS will also validate the caught or harvested in a fishery subject to an import prohibition may be certifications to ensure that prohibited to an import prohibition under the imported into the United States from products are not admitted. NMFS will MMPA. any intermediary nation.

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Within 30 days of publication of the fishery subject to an import prohibition, name of processor; and type of fishing Federal Register specifying fish and fish the Assistant Administrator, in gear. products subject to import prohibitions, cooperation with the Secretaries of the • What fish was harvested and the Assistant Administrator shall, based Treasury and Homeland Security, will processed, including species of fish; on readily-available information, file with the Office of the Federal product description; name of product; identify nations that may import, and Register a notice announcing that fish form of the product; and quantity and/ re-export to the United States, fish and and fish products exported from the or weight of the product. fish products from a fishery subject to intermediary nation to the United States • Where and when was the fish an import prohibition and notify such that are of the same species as, or harvested and landed, including area of nations in writing that they are subject similar to, fish or fish products subject wild-capture or aquaculture harvest; to action with respect to the fish and to an import prohibition and for which harvest date(s); name and location of fish products for which the Assistant it was notified may not be imported into aquaculture facility; point of first Administer identified them. the United States. landing; date of first landing. Within 60 days from the date of The Assistant Administrator will Such information would be required notification, a nation must certify to the review determinations under this for products exported directly from the Assistant Administrator that it: paragraph upon the request of an harvesting nation, and also when (1) Does not import, or does not offer intermediary nation. Such requests must exported from intermediary nations. for import into the United States, fish or be accompanied by specific and detailed NMFS is participating in the fish products subject to an import supporting information or implementation of the Presidential Task prohibition; or documentation indicating that a review (2) Has procedures to reliably certify Force’s recommendations and will work or reconsideration is warranted. Based that exports of fish and fish products to ensure that the Task Force’s upon such information and other from the intermediary to the United recommendations and this rule are relevant information, the Assistant States do not contain fish or fish implemented in a manner so as to avoid Administrator may determine that the products caught or harvested in a duplicative requirements. NMFS will intermediary nation should no longer be fishery subject to an import prohibition. also work with harvesting and subject to an import prohibition. Based The intermediary nation must provide intermediary nations to specify the data on that determination the Assistant documentary evidence to support its elements that must be collected and Administrator, in cooperation with the certification including information reported, and the interoperability Secretaries of the Treasury and demonstrating that: standards for data management systems (1) It has not imported in the Homeland Security, may lift an import to ensure that the required data are preceding 6 months the fish and fish prohibition under this paragraph and available to entry filers at the point of products for which it was notified; or publish notification of such action in import into U.S. commerce. Such a (2) It maintains a tracking, the Federal Register. traceability scheme would also facilitate verification, or other scheme to reliably In response to the recommendations the certification options for certify on either a global, individual of the Presidential Task Force on intermediary nations, in addition to shipment or other appropriate basis that Combatting Illegal, Unreported and certificates of admissibility for fish and fish products from the Unregulated Fishing and Seafood Fraud harvesting nations, as envisioned by this intermediary nation offered for import (79 FR 75536; December 18, 2014), proposed rule. relevant U.S. government agencies are to the United States do not contain of Progress Report fish or fish products caught or harvested considering the scope of a seafood in a fishery subject to an import traceability scheme to prevent The Assistant Administrator would prohibition and for which it was unlawfully acquired or fraudulently require each harvesting nation to submit notified. represented fish products from a progress report. The first report would No later than 120 days after a infiltrating the legitimate supply chain. be submitted two years prior to the end notification, the Assistant Administrator It is envisioned that such a scheme of the exemption period and then every will review the certification and would collect information on the origin four years thereafter on or before July documentary evidence provided by the of seafood products and the fishery in 31. In this report, the harvesting nation intermediary nation and determine which such seafood is caught or would present an update on actions based on that information or other harvested when such products are taken over the previous two years to readily available information whether offered for entry into U.S. commerce. develop, adopt, and implement its the intermediary nation imports fish The National Ocean Council Committee regulatory program, as well as and fish products subject import on IUU Fishing and Seafood Fraud information on the performance of its prohibitions and, if so, whether the (NOC Committee) is seeking public export fisheries in reducing incidental intermediary nation has procedures to input on the minimum types of mortality and serious injury of marine reliably certify that exports of fish and information necessary for an effective mammals. The report allows NMFS to fish products from the intermediary to seafood traceability program to combat monitor the harvesting nation’s efforts the United States do not contain fish or IUU fishing and seafood fraud, as well in its export fisheries and to work fish products subject to import as the operational standards related to closely with a harvesting nation to prohibitions, and notify the collecting, verifying and securing that ensure they meet and continue to meet intermediary nation of its data. The Federal Register notice (80 FR the conditions for a comparability determination. 37601; July 1, 2015), seeks comments on finding. NMFS is seeking comment on If the Assistant Administrator the basic information that may be the utility of the progress report and an determines that the intermediary nation collected as part of the electronic entry alternative that, after the first progress does not have procedures to reliably filing through ACE/ITDS including: report, would only require subsequent certify that exports of fish and fish • Who harvested or produced the progress reports for those fisheries products from the intermediary to the fish, including name of harvesting denied a comparability finding or for United States do not contain fish or fish vessel; flag state of harvesting vessel; which a comparability finding has been products caught or harvested in a name of farm or aquaculture facility; terminated and wish to reapply.

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This progress report should describe to meet the conditions set forth in this recover to its optimum sustainable in detail the methods used to obtain the proposed rule in order to obtain a population. information contained in the progress comparability finding for an export Option 5: Incidental mortality and report and should include a certification fishery. serious injury in export fisheries have, by the harvesting nation of its accuracy or are likely to have, an immediate and Coordination With Other Consultation and authenticity. significant adverse impact on a marine Processes mammal stock (the trigger for issuing International Cooperation and NMFS would utilize, as appropriate, emergency regulations in U.S. Assistance existing programs and processes to commercial fisheries pursuant to section Consistent with existing authority conduct outreach to potentially affected 118 of the MMPA). under the MMPA (16 U.S.C 1378), and nations, including the consultation Option 6: Incidental mortality and subject to the availability of funds, process of the HSDFMPA (50 CFR serious injury in export fisheries are NMFS may provide assistance to 300.200 et seq.), for addressing the likely to jeopardize the continued harvesting nations whose export bycatch of protected living marine existence of any endangered or fisheries NMFS has identified for resources incidental to commercial threatened marine mammal species or assistance based on information in the fisheries. While the applicability of stock (the prohibitive standard of the List of Foreign Fisheries, comparability sections 101(a)(2) and 102(c)(3) of the ESA. finding applications, progress reports, MMPA is broader than the HSDFMPA, Option 7: Incidental mortality and and to harvesting nations whose NMFS would use HSDFMPA serious injury by export fisheries are financial capacity to establish a consultative process to augment the likely to jeopardize the continued comparable regulatory program is efforts outlined elsewhere in this rule to existence of any marine mammal limited. To prioritize its capacity seek information and conduct outreach species or stock regardless of whether it building efforts, NMFS may consider to harvesting nations potentially is ESA-listed as threatened or the needs of harvesting nations and the affected by this proposed rule. NMFS endangered. potential impacts of those nations’ would also discuss and address these Option 8: Marine mammal incidental fisheries, based on: (1) Frequent issues through bilateral fisheries mortality and serious injury in a foreign incidental mortality and serious injury consultations, and other relevant nation’s export fisheries are managed of marine mammals, (2) incidental bilateral dialogues with harvesting effectively by a relevant international mortality and serious injury in excess of nations and through appropriate fora fisheries or conservation organization or a bycatch limit, if known; and (3) associated with intergovernmental by the fishing nation itself. incidental mortality and serious injury agreements and RFMOs. Option 9: Foreign nations that supply of a threatened or endangered species fish and fish product imports to the listed under the Endangered Species Act Advance Notice of Proposed Rulemaking United States have implemented (ESA). NMFS may also consider the regulations to address marine mammal extent to which a harvesting nation has NMFS published an ANPR on April incidental mortality and serious injury programs or the capacity to assess 30, 2010 (75 FR 22731) describing in the nations’ export fisheries that are marine mammal stocks and estimate or options to develop procedures for comparable to regulations implemented mitigate marine mammal incidental implementing MMPA provisions for by the United States, taking into account mortality and serious injury. Assistance imports of fish and fish products and different conditions. activities may include cooperative defining U.S. standards. The ANPR NMFS received 42 comments from research on marine mammal identified nine potential options to governmental entities, including the assessments (e.g., designing vessel implement section 101(a)(2) of the Marine Mammal Commission, surveys and fishery observer programs) MMPA in response to the petition for individuals, and organizations. and development of techniques or rulemaking. NMFS sought public Comments received were compiled and technology to reduce incidental comment on the following options: are available on the Internet at http:// mortality and serious injury (e.g., Option 1: Marine mammal incidental www.regulations.gov under Docket ID fishing gear modifications), as well as mortality and serious injury (bycatch) in NOAA–NMFS–2010–0098. Comments efforts to improve governance export fisheries is maintained at a level addressed both the proposed options structures, or enforcement capacity (e.g., below PBR for impacted marine and other topics. training). NMFS would also facilitate, as mammal stocks. appropriate, the voluntary transfer of Option 2: Marine mammal incidental Comments on the Proposed Options in appropriate technology on mutually mortality and serious injury in export the ANPR agreed terms to assist a harvesting fisheries have been reduced to Options 1 and 2 nation in qualifying its export fishery insignificant levels approaching a zero for a comparability finding and in mortality and serious injury rate to the Comment 1: Many of the comments designing and implementing extent feasible, taking into account supported options 1 or 2 or a appropriate fish harvesting methods that different conditions. combination of the two. One commenter minimize the incidental mortality and Option 3: Marine mammal incidental stated that some U.S. fisheries have not serious injury of marine mammals. mortality and serious injury in export met the requirements of options 1 and Participating in the U.S. cooperation fisheries are maintained at levels below 2; and, thus, NMFS could not impose and assistance program is voluntary and PBR or at levels comparable to those those standards on other countries. would not determine whether a actually achieved in comparable U.S. Response: NMFS has determined that harvesting nation is issued a fisheries, whichever is higher. because of a lack of data and PBR comparability finding. Likewise, NMFS’ Option 4: Marine mammal incidental calculations for some marine mammal funds are limited and likely will be mortality and serious injury in export stocks in U.S waters, NMFS would insufficient to meet all requests for fisheries either cause the depletion of a adopt an approach that assesses whether assistance. NMFS’ inability to provide marine mammal stock below its a fishery has incidental marine mammal requested assistance does not relieve a optimum sustainable population or mortality and serious injury in excess of harvesting nation from the requirement impede the ability of a depleted stock to U.S. standards based on an evaluation of

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whether foreign nations have adopted a Options 6 and 7 order to implement this section of the regulatory program that is comparable Comment 2: Most of the comments MMPA. in effectiveness to the U.S. regulatory opposed options 6 or 7 because those Suggested Alternative Approaches To program with respect to reducing are ESA standards, not MMPA Addressing International Marine incidental marine mammal bycatch standards and therefore should not be Mammal Incidental Mortality and mortality and serious injury, in applied to the MMPA. Some Serious Injury particular by adopting a regulatory respondents believe the ESA ‘‘jeopardy Comment 4: Several comments, program with the same elements as the standard’’ is not as protective as OSP particularly those from foreign U.S. regulatory program or by adopting and PBR standards in the MMPA. alternative measures that achieve Response: NMFS believes it is more governments, suggested that working comparable results. Therefore, where appropriate to develop a proposed rule cooperatively with trading partners NMFS lacks data and PBR calculations based on the requirements for U.S. would be more effective than banning for analogous U.S. fisheries, NMFS domestic fisheries contained in Sections imports. Some of those comments would not require foreign nations to 117 and 118 of the MMPA, rather than suggested that the United States work to have such data or calculations as a relying on standards in another statute. address international marine mammal condition for a comparability finding. In addition, the ‘‘jeopardy standard’’ of incidental mortality and serious injury Rather, NMFS will be looking to see the ESA only applies to threatened or through international organizations, what measures harvesting nations have endangered species, subspecies, or such as RFMOs. Response: The United States will adopted and whether those measures distinct population segments (DPS). It work through its participation in are at least as comparable in does not apply to all species of marine RFMOs to address incidental mortality effectiveness to the U.S. regulatory mammals regardless of their status, nor and serious injury in commercial program in reducing marine mammal does it apply at the stock level unless fisheries and will also promote this bycatch. The U.S. regulatory program that stock is also designated as a DPS. objective in other multilateral fora. The begins with assessments and The jeopardy standard also only applies United States will look to all types of observations of marine mammals and to Federal activities. As a result, NMFS fora as a means to work with harvesting their interactions with commercial determined that attempting to apply nations to reduce marine mammal fisheries and then calculates PBR and ESA standards to a MMPA provision mortality and serious injury in these implements measures to reduce limits action to a subset of marine global fisheries. Nevertheless, bilateral incidental mortality and serious injury mammals and would create unnecessary and multilateral fora alone are not of marine mammals in commercial confusion. sufficient to achieve the MMPA goals as fishing operations. NMFS finds that the they do not encompass all of the foreign proposed rule is sufficiently flexible to Other Comments fisheries subject to this proposed rule. permit harvesting nations to develop Support for the Rulemaking Section 101(a)(2) directs the Secretary of and implement a range of approaches/ The majority of comments from the Treasury to ban the importation of measures and receive a comparability organizations and individuals supported commercial fish or fish products which finding provided the nation has a implementing the MMPA import have been caught with commercial regulatory program that is comparable provisions through a prohibition on fishing technology that results in the in effectiveness to U.S. standards. If a imports of fish and fish products, as incidental kill or incidental serious nation does not estimate stock well as NMFS broadening the scope of injury of ocean mammals in excess of abundance, mortality, and calculate a its response to the petition to U.S. standards. This rulemaking would bycatch limit but can nonetheless encompass all fish imports. establish the U.S. program to implement demonstrate that its regulatory programs Comment 3: One commenter noted that provision. effectively achieves comparable results that rulemaking was unnecessary to to the U.S. regulatory program, NMFS prohibit imports of fish and fish Trade and Economic Issues would grant a comparability finding. products and that a ban on swordfish Comment 5: Several comments stated Although a nation may adopt a products should be put in place that any action the United States takes bycatch standard not currently in use by immediately. should be consistent with international the United States, NMFS is not Response: NMFS developed this law, particularly the WTO and not be a proposing to require nations to adopt proposed rule to implement Section disguised method to unilaterally restrict and implement bycatch standards that 101(a)(2) of the MMPA that would apply the export of fisheries products to the we ourselves have not adopted and to all fisheries, not just swordfish United States. implemented. While the United States imports, except high seas driftnet Response: As noted above, NMFS has not reduced incidental mortality fisheries and eastern tropical Pacific intends to apply this entire regulation, and serious injury to insignificant levels yellowfin tuna purse seine fisheries, including the enforcement of any import (i.e., 10% of PBR) for all marine since other MMPA provisions govern prohibitions on certain fish or fish mammal stocks in all of its commercial these fisheries. NMFS believes this products, consistent with U.S. fisheries, many of the fisheries with proposed rule would advance the U.S. international obligations, including the incidental mortality and serious injury conservation objective to reduce marine WTO Agreement. Included in NMFS’ at levels above PBR are subject to a take mammal incidental mortality and approach is its intention to regulate in reduction team and take reduction plan. serious injury in commercial fisheries a fair, transparent, and non- This proposed rule follows U.S. by applying a flexible regulatory discriminatory manner, and to regulate implementation of domestic approach that would be comparable in based on the best available science. requirements by focusing on export effectiveness to the U.S. regulatory NMFS would implement the provisions fisheries, the equivalent of those program and allowing adequate time for of this rule taking into account a fisheries that have frequent or harvesting nations to develop the harvesting nation’s existing regulatory occasional interactions with marine necessary information and implement program or progress in developing one mammals (Category I and Category II such programs. NMFS believes it is and reducing bycatch, and the U.S. fisheries). necessary to promulgate regulations in implementation of its regulatory

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program for similar fisheries interacting to contain documentary evidence. on the environment. This EA provides with similar stocks. NMFS believes nations must be given context for reviewing the proposed adequate time to develop comparable action by describing the impacts on U.S. Standards regulatory programs before any fish or marine mammals associated with Comment 6: Several comments noted fish products are prohibited from fishing, the methods the United States that the U.S. standards need to be clear importation into the United States. The has used to reduce those impacts, and but flexible. United State developed its current a comparison of how approaches under Response: NMFS believes the U.S. domestic program over the course of the MMPA and the HSDFMPA standards proposed through this five years to provide sufficient time to provisions of the Magnuson-Stevens rulemaking are clear and flexible. These collect information necessary to develop Fishery Conservation and Management are based on the U.S. program that and implement its domestic bycatch Reauthorization Act of 2006 would requires assessment of marine mammal reduction program. For that reason, affect harvesting nations. stocks and incidental mortality and NMFS is proposing an exemption The alternatives described in section serious injury as a first step, followed by period of five years to allow harvesting 2.1 of the EA provide five alternatives measures to reduce marine mammal nations time to develop and implement for ways to define ‘‘U.S. standards’’ for incidental mortality and serious injury their regulatory programs for their reducing mortality of marine mammals in commercial fisheries to sustainable export fisheries. in fishing operations (Sections 2.1.1 levels. NMFS intends to work with Comment 10: Several comments through 2.1.5). In addition to defining affected nations to develop regulatory stated that reasonable proof should be standards, the alternatives set out programs to fit different conditions and provided on a continual basis. implementation and compliance steps situations. Response: The proposed program as part of an overall regulatory program Comment 7: Several comments noted requires the harvesting nations to for harvesting nations wishing to import that NMFS must allow for different provide progress reports detailing the fish and fish products into the United methods to achieve the common development and maintenance of a States. To meet the purpose and need, objective and focus on attaining comparable regulatory program. NMFS NMFS will select one alternative. outcomes of effective management and is proposing that documentary evidence The alternatives to implement the protection rather than specific be the standard for any information import provisions of the MMPA are as management inputs. submitted, including for the progress follows: Under Alternative 1, Response: NMFS believes the report, comparability finding, or Quantitative Standard, NMFS would proposed rule contains sufficient reconsideration of a comparability require harvesting nations wishing to flexibility to allow for different methods finding. export fish and fish products to the to achieve the objective of reducing United States to, as required by NMFS marine mammal incidental mortality Consultation Process for U.S. domestic fisheries, reduce and serious injury. The proposed rule is Comment 11: Several comments noted incidental mortality and serious injury modeled after the U.S. program to the need for a consultation process and of marine mammals to levels below PBR govern incidental take in commercial sufficient time allowed to meet and subsequently to the same fisheries but does not require that requirements once measures are ‘‘insignificant’’ threshold, or 10 percent affected nations adopt identical implemented, to assess effectiveness of potential biological removal in order methods or regulations as the United before any import determinations are to export fish and fish products to the States to meet the requirements of the made. Other comments stated that the United States. proposed rule. NMFS will evaluate the consultation process should have Alternative 2 would require results of each affected nation’s specific deadlines. harvesting nations wishing to export regulatory program to determine if it is Response: The consultation process in fish and fish products to the United comparable in effectiveness to the U.S. this proposed rule would allow affected States to demonstrate comparability program. fisheries and nations five years to meet with U.S. standards as set out for the requirements of the program. NMFS domestic fisheries under sections 117 Reasonable Proof also intends to conduct outreach to and 118 of the MMPA. Comparability is Comment 8: Several commenters potentially affected nations, including defined as ‘‘comparable in effectiveness noted that what constitutes ‘‘reasonable using the consultation process to that of the United States [regulatory proof’’ needs to be clearly defined. contained in HSDFMPA. NMFS’ program],’’ not necessarily identical or Response: NMFS is not proposing a proposed consultation process has clear as detailed. A finding of comparability definition of reasonable proof, but deadlines for comparability findings would be made based on the instead requires nations provide and the renewal of those findings. documentary evidence provided by the documentary evidence of sufficient harvesting nation to allow the Assistant detail and an attestation that the Classification Administrator to determine whether the evidence is accurate to allow NMFS to This proposed rule is published under harvesting nation has developed and evaluate the effects on ocean mammals the authority of the Marine Mammal implemented a regulatory program of the commercial fishing technology in Protection Act, 16 U.S.C. 1371. comparable in effectiveness to the U.S. use for such fish or fish products Under NOAA Administrative Order program prescribed for U.S. commercial exported from such harvesting nation to (NAO 216–6), the promulgation of fisheries in sections 117 and 118 of the the United States for the purposes of regulations that are procedural and MMPA.’’ This is NMFS’ preferred rendering a comparability finding. administrative in nature are alternative. Like the prior alternative, Comment 9: Several comments noted categorically excluded from the the preferred alternative also requires that reasonable proof should be received requirement to prepare an EA. calculation of PBR or a bycatch limit as a precondition to allowing fish and Nevertheless, NMFS prepared an EA for and reducing incidental mortality and fish products to be imported into the this action to facilitate public serious injury of marine mammals to United States. involvement in the development of the levels below the bycatch limit. Response: NMFS is requiring an proposed national standard and Alternative 3 would define U.S. application for a comparability finding procedures and to evaluate the impacts standards as those specific regulatory

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measures required of U.S. commercial allows species identification, but does section 603 of the Regulatory Flexibility fishing operations as the result of a take not include fish oil, slurry, sauces, Act (RFA). The IRFA describes the reduction plan’s implementing sticks, balls, cakes, pudding and other economic impact this proposed rule, if regulations. Such regulatory measures similar highly processed fish products. adopted, would have on small entities. could be applied to fisheries conducted NMFS is proposing to exclude fish oil, A description of the action, why it is on the high seas where a take reduction slurry, sauces, sticks, balls, cakes, being considered, and the legal basis for plan is in place (and thus the pudding and other similar highly this action are contained in the requirements would already apply to processed fish products from the SUPPLEMENTARY INFORMATION section of vessels under the jurisdiction of the requirements of the proposed rule and the preamble. A summary of the United States), and to foreign fisheries, thus the analysis in the RIR. In 2012, Analysis follows. A copy of the regardless of their area of operation, that 122 nations exported fish and fish complete IRFA is available from NMFS are comparable to U.S. fisheries. products into the United States (see EA (see ADDRESSES). NMFS is specifically Alternative 4 uses a procedure of Section 3.4.3 Table 3). Fifty-five percent seeking comments on whether it may be identification, documentation and (66 nations) of those nations export five appropriate at the final rule stage to certification devised under the or fewer fish products, and 74% of the certify to the Small Business HSDFMPA and promulgated as a final nations export 10 or fewer fish products. Administration that the rule will not rule in January 2011 (76 FR 2011, Only nine nations export 25 or more have a significant economic impact on January 12, 2011). fish products; they are: Canada, Chile, a substantial number of small entities. Alternative 5, the no action China, Japan, Mexico, Taiwan, Under the proposed rule, NMFS alternative, proposes an approach for Thailand, South Korea, and Vietnam. would classify foreign fisheries based on taking no action to implement section With the exception of Japan, all of these the extent that the fishing gear and 101(a)(2) of the MMPA. nations are included within the U.S. list methods used interact with marine Overall, the preferred alternative in of top ten seafood trading partners by mammals. After notification from the EA sets the U.S. import standards volume and weight (see EA Section NMFS, harvesting nations desiring to for harvesting nations as the same 3.4.3 Table 4). export fish and fish products to the standard used for U.S. commercial The United States imports more than United States must apply for and fishing operations to reduce incidental 67 marine species, with tuna, shrimp, receive a comparability finding for its mortality and serious injury of marine salmon (both farmed and wild salmon)) exempt and export fisheries as mammals with flexibility for molluscs, mackerel, and sardines identified in the List of Foreign comparability in effectiveness. It takes representing the six largest imports. Fisheries. Such a finding would indicate an approach that evaluates whether Tuna fisheries are conducted primarily that marine mammal protection fish/fish products exported to the on the high seas, whereas shrimp and measures have been implemented in the United States are subject to a regulatory salmon fisheries are a combination of fisheries that are comparable in program of the harvesting nation that is live capture and aquaculture operations. effectiveness to the U.S. regulatory comparable in effectiveness to the U.S. For example, for high seas export program. In the event of trade restrictive regulatory program in terms of reducing fisheries to get a comparability finding, measures being imposed for specific fish incidental mortality and serious injury harvesting nations may demonstrate products, certain other fish products and considers fish and fish products not including among other things that they eligible for entry from the affected subject to such a regulatory program as are implementing the requirements of nation may be required to have a caught with technology that results in an RFMO or intergovernmental certification of admissibility in order to marine mammal incidental mortality agreement to which the U.S. is a party; be admitted into the United States. and serious injury in excess of U.S. likewise for aquaculture facilities standards. This approach provides classified as exempt fisheries and sited Number and Description of Small harvesting nations with flexibility to in marine mammal habitat or interacting Entities Regulated by the Proposed implement the same measures as under with marine mammals, the harvesting Action the U.S. program or other measures that nation must demonstrate it is This proposed rule does not apply achieve comparable results. prohibiting the intentional killing of directly to any U.S. small business as This proposed rulemaking has been marine mammals in the course of the rulemaking applies with regard to determined to be significant for the aquaculture operations or has imports of fish and fish products. The purposes of Executive Order (EO) 12866 procedures to reliably certify that universe of potentially indirectly because it raises novel legal or policy exports of fish and fish products to the affected industries includes the issues arising out of legal mandates, the United States are not the product of an following: U.S. seafood processors, President’s priorities, or the principles intentional killing or serious injury of a importers, retailers, and wholesalers. set forth in this Executive order. marine mammal. Therefore, NMFS The exact volume and value of product, Pursuant to EO 12866, NMFS anticipates that out of 122 harvesting and the number of jobs supported conducted a Regulatory Impact Review nations, the greatest economic burden primarily by imports within the (RIR). When conducting the RIR and the will be on the 21 nations that export processing, wholesale and retail sectors EA’s socioeconomic analysis of the more than 10 fish products, assuming cannot be ascertained based on available preferred alternative, NMFS considered that their regulatory program will information. In general, however, the the number of harvesting nations and include more export fisheries. dominant position of imported seafood the types of fish products exported to This proposed rule offers harvesting in the U.S. supply chain is indicative of the United States. NMFS is proposing to nations time to develop their regulatory the number U.S. businesses that rely on define ‘‘Fish and Fish Products’’ for the program. Additionally, the consultative seafood harvested by foreign entities. purposes of this proposed rule as any process and potential for financial and marine finfish, mollusk, crustacean, or technological assistance, will aid Recordkeeping and Reporting other form of marine life other than harvesting nations in meeting the Requirements marine mammals, reptiles, and birds, requirements of these regulations. An This proposed action contains new whether fresh, frozen, canned, pouched, initial regulatory flexibility analysis collection-of-information, involving or otherwise prepared in a manner that (IRFA) was prepared, as required by limited reporting and record keeping, or

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other compliance requirements. To No U.S. industrial sector is likely to economic impacts on small businesses facilitate enforcement of the import be directly affected by the rulemaking. and consumers? prohibitions for prohibited fish However, indirect effects may result in 2. Is the five year exemption period an products, fisheries that do receive a temporary and long-term responses that appropriate amount of time to allow comparability finding, that offer similar may be both positive and negative for harvesting nations to comply with the fish and fish products to those that have various sectors of the U.S. seafood requirements of this rule? been prohibited from entry, may be supply chain. Although over 90 percent 3. Is four years an appropriate amount required to submit certification of of the edible seafood consumed of time for the duration of a admissibility along with fish or fish annually in the United States is comparability finding? products offered for entry into the imported, the United States imports 4. Is the rule and corresponding United States that are not subject to the from over 120 nations. Given the notice of an information collection clear specific import restrictions. number of nations exporting fish and in regards to the type of documentation that would be required for harvesting Description of Significant Alternatives fish products to the U.S. market and the volume of products supplied, domestic nations to demonstrate the requirement That Minimize Adverse Impacts on that they have prohibited the intentional Small Entities importers, retailers, wholesalers, and processors should be able to locate and incidental mortality or serious NMFS analyzed several alternatives substitute or alternative sources of fish injury of marine mammals? 5. Is there a definition of ‘‘reasonable under the EA for reducing mortality of and fish products for those fisheries that proof’’ that is used by another Federal marine mammals in fishing operations. fail to receive a comparability finding. government agency that would be Of those alternatives, the proposed rule However, it is possible that a substitute appropriate to incorporate into this (which is based on the EA preferred product will be more expensive or rule? alternative) is the one that offers the otherwise less preferable to a prohibited most flexibility while being compliant foreign fish or fish product. NMFS seeks Paperwork Reduction Act with the provisions of the MMPA and comment on the costs, if any, incurred This proposed rule contains a U.S. obligations under the World Trade by U.S. entities that must find Organization, and thus was the one that collection-of-information requirement alternative sources for prohibited subject to review and approval by the could be considered in the analysis to foreign fish and fish products. minimize adverse impacts on small Office of Management and Budget Although U.S. entities are not directly entities. The flexibility offered under (OMB) under the Paperwork Reduction impacted by this rule, they may the proposed rule allows harvesting Act (PRA). This requirement has been experience some indirect effects from nations to adopt a variety of alternatives submitted to OMB for approval. The to assess and reduce marine mammal this rule. The indirect effects of import information collection in this proposed incidental mortality and serious injury, prohibitions may cause short term rule would revise a collection-of- provided the alternatives are disruptions in the flow of seafood information requirement previously comparable in effectiveness to the U.S. imports potentially impacting U.S. approved under OMB Control Number regulatory program. The flexibility businesses. NMFS does not anticipate 0648–0651 (Certification of should reduce burdens on small entities that national benefits and costs would Admissibility). The revision would add that import fish and fish products. One change significantly in the long-term as a new category to the certification alternative to the proposed rule is the no a result of the implementation of the requirements for exports of fishery action alternative, where NMFS would proposed alternatives. Therefore, NMFS products to the United States from a not promulgate regulations to anticipates that the impacts on U.S. nation’s export fishery that have implement the international provisions businesses engaged in trading, received a comparability finding under of the MMPA. This alternative to the processing, or retailing seafood will the procedures for evaluating export proposed rule may demonstrate the least likely be minimal. fisheries set forth in this proposed rule burden or economic impact to small Duplicate, Overlapping, or Conflicting but are exporting fish and fish products entities. However, since the Federal Rules similar to export fisheries that have international provisions of the MMPA failed to obtain a comparability finding. are statutory requirements, NOAA This proposed action does not The Assistant Administrator may Fisheries does not have discretion to duplicate, overlap or conflict with any require that fish and fish products from implement the no action alternative. other Federal rules. such nation’s other export fisheries The proposed rule also demonstrates Public Participation could be admitted into the United States the U.S. commitment to achieving the if the exporting nation certifies that the conservation and sustainable It is the policy of the Department of products were not harvested in the management of marine mammals Commerce, whenever practicable, to fishery for which a comparability consistent with the statutory afford the public an opportunity to finding was not issued. requirement of section 101(a)(2) of the participate in the rulemaking process. The public reporting burden for the MMPA. Additionally, the increased data Accordingly, interested persons may proposed requirement has been collection that may result from the submit written comments regarding this estimated, including the time for proposed regulations could assist in proposed rule by one of the methods reviewing instructions, searching global stock assessments of marine listed in the Instructions section. All existing data sources, gathering and mammals and improve our scientific comments must be received by midnight maintaining the data needed, and understanding of these species. Finally, on the day of the close of the comment completing and reviewing the collection the proposed regulations should help period. information per response. NMFS ensure that the United States is not We are particularly interested in estimates that the time to complete the importing fisheries products harvested comments concerning the following Certification of Admissibility Form by nations that engage in the questions: would be 10 minutes. In the event that unsustainable bycatch of marine 1. Are there fisheries that are likely to import restrictions are imposed under mammals in waters within and beyond be subject to prohibitions under this these new procedures, additional any national jurisdiction. rule and, if so, what are the potential responses by foreign exporters and U.S.

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importers may increase the burden by 50 CFR Part 216 The additions and revisions read as 50% from the initial estimates under the Administrative practice and follows: existing approved collection. Based on procedure, Exports, Marine Mammals, § 216.3 Definitions. an examination of trade statistics and Reporting and recordkeeping * * * * * the number of traders, the total number requirements. of respondents (e.g. seafood exporters/ Bycatch limit means the calculation of government officials) is estimated to be Dated: July 31, 2015. a potential biological removal level for 90, increased from 60; the total number Samuel D. Rauch III, a particular marine mammal stock, as of responses is estimated to be 900, Deputy Assistant Administrator for defined in § 229.2, or comparable increased from 600; and the total annual Regulatory Programs, National Marine scientific metric established by the Fisheries Service. burden is estimated at 150 hours, harvesting nation or applicable regional increased from 100 hours. For the reasons set out in the fishery management organization or Public comment is sought regarding: preamble, 15 CFR part 902 and 50 CFR intergovernmental agreement. Whether this proposed collection of part 216 are proposed to be amended as * * * * * information is necessary for the proper follows: Comparability finding means a performance of the functions of the finding by the Assistant Administrator PART 902—NOAA INFORMATION agency, including whether the that the harvesting nation for an export COLLECTION REQUIREMENTS UNDER information shall have practical utility; fishery has met the applicable THE PAPERWORK REDUCTION ACT: the accuracy of the burden estimate; conditions specified in OMB CONTROL NUMBERS ways to enhance the quality, utility, and § 216.24(h)(6)(iii) subject to the clarity of the information to be ■ 1. The authority citation for part 902 additional considerations for collected; and ways to minimize the continues to read as follows: comparability determinations set out in burden of the collection of information, § 216.24(h)(7). Authority: 44 U.S.C. 3501 et seq. including through the use of automated * * * * * ■ collection techniques or other forms of 2. In § 902.1, in the table in paragraph Exempt fishery means a foreign information technology. (b), remove the entry for 216.24 and add commercial fishing operation The burden associated with the in its place an entry for 216.24(h)(9)(iii) determined by the Assistant application for a comparability finding in numerical order under the heading 50 Administrator to be the source of and the progress reports are not CFR to read as follows: exports of commercial fish and fish presently analyzed under the Paperwork § 902.1 OMB control numbers assigned products to the United States and to Reduction Act. Nonetheless, we pursuant to the Paperwork Reduction Act. have a remote likelihood of, or no recognize that these collections of known, incidental mortality and serious information pose regulatory burdens for * * * * * (b) * * * injury of marine mammals in the course harvesting nations and possibly affected of commercial fishing operations. A fisheries and seek comment on the CFR part or section commercial fishing operation that has a potential cost of these provisions, Current OMB control where the information number (all numbers remote likelihood of causing incidental including the time for reviewing collection requirement mortality and serious injury of marine is located begin with 0648–) instructions, searching existing data mammals is one that collectively with sources, gathering and maintaining the other foreign fisheries exporting fish data needed, and completing and ***** and fish products to the United States reviewing the information. 50 CFR. causes the annual removal of: Send comments on these or any other (1) Ten percent or less of any marine aspects of the collection of information ***** mammal stock’s bycatch limit; or to the Director, Office of International 216.24(h)(9)(iii) ...... –0387 and –0651 (2) More than 10 percent of any Affairs (see ADDRESSES), and to OMB by marine mammal stock’s bycatch limit, _ ***** email to OIRA Submission@ yet that fishery by itself removes 1 omb.eop.gov or by fax to (202) 395– * * * * * percent or less of that stock’s bycatch 5806. limit annually; or If this revision to the collection-of- PART 216—REGULATIONS (3) Where reliable information has not information requirement under Control GOVERNING THE TAKING AND been provided by the harvesting nation Number 0648–0651 is approved by IMPORTING OF MARINE MAMMALS on the frequency of incidental mortality OMB, the table of approved NOAA and serious injury of marine mammals ■ information collections that appears at 3. The authority citation for part 216 caused by the commercial fishing 15 CFR part 902 would be amended continues to read as follows: operation, the Assistant Administrator accordingly. Authority: 16 U.S.C. 1361 et seq. may determine whether the likelihood Notwithstanding any other provision ■ of incidental mortality and serious of the law, no person is required to 4. In § 216.3: ■ a. Add definitions for ‘‘Bycatch limit,’’ injury is ‘‘remote’’ by evaluating respond to, and no person shall be ‘‘Comparability finding,’’ ‘‘Exempt information concerning factors such as subject to penalty for failure to comply fishery,’’ ‘‘Exemption period,’’ ‘‘Export fishing techniques, gear used, methods with, a collection of information subject fishery,’’ and ‘‘Fish and fish product’’ in used to deter marine mammals, target to the requirements of the PRA, unless alphabetical order; species, seasons and areas fished, that collection of information displays a ■ b. Revise the definition for ‘‘Import’’; qualitative data from logbooks or fisher currently valid OMB control number. and reports, stranding data, the species and List of Subjects ■ c. Add definitions for ‘‘Intermediary distribution of marine mammals in the nation,’’ ‘‘List of foreign fisheries,’’ area, or other factors at the discretion of 15 CFR Part 902 ‘‘Transboundary stock,’’ and ‘‘U.S. the Assistant Administrator. A foreign Reporting and recordkeeping regulatory program’’ in alphabetical fishery will not be classified as an requirements. order. exempt fishery unless the Assistant

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Administrator has reliable information Fish and fish product means any § 216.24 Taking and related acts incidental from the harvesting nation, or other marine finfish, mollusk, crustacean, or to commercial fishing operations including information to support such a finding. other form of marine life other than tuna purse seine vessels in the eastern Exemption period means the one- marine mammals, reptiles, and birds, tropical Pacific Ocean. time, five-year period that commences whether fresh, frozen, canned, pouched, * * * * * with the effective date of the final rule or otherwise prepared in a manner that (h) Taking and related acts of marine implementing this section during which allows species identification, but does mammals incidental to foreign commercial fishing operations that are not include fish oil, slurry, sauces, commercial fishing operations not the source of exports of commercial fish sticks, balls, cakes, pudding and other governed by the provisions related to and fish products to the United States similar highly processed fish products. tuna purse seine vessels in the eastern tropical Pacific Ocean. (1) Prohibitions. will be exempt from the prohibitions of * * * * * (i) As provided in section 101(a)(2) of § 216.24(h)(1). Import means to land on, bring into, the MMPA, the importation of Export fishery means a foreign or introduce into, or attempt to land on, commercial fish or fish products which commercial fishing operation bring into, or introduce into, any place have been caught with commercial determined by the Assistant subject to the jurisdiction of the United fishing technology which results in the Administrator to be the source of States, whether or not such landing, incidental kill or incidental serious exports of commercial fish and fish bringing, or introduction constitutes an injury of ocean mammals in excess of products to the United States and to importation within the Customs laws of U.S. standards is prohibited. For have more than a remote likelihood of the United States; except that, for the purposes of this section, a fish or fish incidental mortality and serious injury purpose of any ban issued under 16 product caught with commercial fishing of marine mammals (as defined in the U.S.C. 1371(a)(2)(B) on the importation technology which results in the definition of an ‘‘exempt fishery’’) in the of fish or fish products, the definition of incidental mortality or incidental course of its commercial fishing ‘‘import’’ in § 216.24(f)(1)(ii)shall apply. serious injury of marine mammals in operations. Where reliable information * * * * * has not been provided by the harvesting excess of U.S. standards is any fish or Intermediary nation means a nation fish product harvested in an exempt or nation on the frequency of incidental that imports fish or fish products from mortality and serious injury of marine export fishery for which a valid a fishery that is subject to an import comparability finding is not in effect. mammals caused by the commercial restriction pursuant to § 216.24(h)(9) fishing operation, the Assistant (ii) Accordingly, it is unlawful for any and re-exports such fish or fish products person to import, or attempt to import, Administrator may determine whether to the United States. the likelihood of incidental mortality into the United States for commercial and serious injury is more than * * * * * purposes any fish or fish product if such ‘‘remote’’ by evaluating information List of Foreign Fisheries means the fish or fish product: (A) Was caught or harvested in a concerning factors such as fishing most recent list of foreign commercial fishery that does not have a valid techniques, gear used, methods used to fishing operations exporting fish or fish comparability finding in effect at the deter marine mammals, target species, products to the United States, that is published in the Federal Register by the time of import; or seasons and areas fished, qualitative (B) Is not accompanied by a data from logbooks or fisher reports, Assistant Administrator and that classifies commercial fishing operations Certification of Admissibility where stranding data, and the species and such Certification is required pursuant distribution of marine mammals in the according to the frequency and likelihood of incidental mortality and to paragraph (h)(9)(iv) of this section or area, or other factors at the discretion of by such other documentation as the the Assistant Administrator that may serious injury of marine mammals during commercial fishing operations as Assistant Administrator may identify inform whether the likelihood of and announce in the Federal Register incidental mortality and serious injury either an exempt fishery or export fishery. This list will be organized by that indicates the fish or fish product of marine mammals caused by the was not caught or harvested in a fishery commercial fishing operation is more harvesting nation. * * * * * subject to an import prohibition under than ‘‘remote.’’ Commercial fishing paragraphs (h)(1) and (h)(9)(i) of this operations not specifically identified in Transboundary stock means a marine mammal stock occurring in the: section. the current List of Foreign Fisheries as (iii) It is unlawful for any person, either exempt or export fisheries are (1) Exclusive economic zones or territorial sea of the United States and including exporters, transshippers, deemed to be export fisheries until the importers, processors, or wholesalers/ next List of Foreign Fisheries is one or more other coastal States; or (2) Exclusive economic zone or distributors to possess, sell, purchase, published unless the Assistant offer for sale, re-export, transport, or Administrator has reliable information territorial sea of the United States and on the high seas. ship in the United States, any fish or from the harvesting nation to properly fish product imported in violation of classify the foreign commercial fishing * * * * * this section. operation. Additionally, the Assistant U.S. regulatory program means the (2) Exemptions. (i) Exempt fisheries Administrator, may request additional regulatory program governing the are exempt from requirements of information from the harvesting nation incidental mortality and serious injury paragraph (h)(6)(iii)(B) through (E) of and may consider other relevant of marine mammals in the course of this section. information as set forth in § 216.24(h)(3) commercial fishing operations as (A) For the purposes of paragraph (h) of this section about such commercial specified in the Marine Mammal of this section, harvesting nation means fishing operations and the frequency of Protection Act and its implementing the country under whose flag or incidental mortality and serious injury regulations. jurisdiction one or more fishing vessels of marine mammals, to properly classify * * * * * or other entity engaged in commercial the foreign commercial fishing ■ 4. In § 216.24, the section heading is fishing operations are documented, or operation. revised and paragraph (h) is added to which has by formal declaration or * * * * * read as follows: agreement asserted jurisdiction over one

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or more authorized or certified charter operation, fishing season, any defining factors including geographic vessels, and from such vessel(s) or information regarding the frequency of location of harvest, gear-type, target entity(ies) fish are caught or harvested marine mammal incidental mortality species or a combination thereof; that are a part of any cargo or shipment and serious injury and any programs (B) Include fishing gear type, target of fish or fish products to be imported (including any relevant laws, decrees, species, and number of vessels or other into the United States, regardless of any regulations or measures) to assess entities engaged in each commercial intervening transshipments, exports or marine mammal populations and to fishing operation; re-exports. reduce incidental mortality and serious (C) List the marine mammals that (B) [Reserved] injury of marine mammals in those interact with each commercial fishing (ii) The prohibitions of paragraph fisheries or prohibit the intentional operation and indicate the level of (h)(1) of this section shall not apply killing or injury of marine mammals; incidental mortality and serious injury during the exemption period. (iii) Shall review each harvesting of marine mammals in each commercial (iii) Section 216.24(h) shall not apply nation’s submission, evaluate any fishing operation; with respect to incidental take of information it contains (including (D) Provide a description of the delphinids in purse seine fishing for descriptions of its regulatory programs) harvesting nation’s programs to assess yellowfin tuna in the eastern tropical and, if necessary, request additional marine mammal stocks and estimate Pacific Ocean or large-scale driftnet information; and and reduce marine mammal incidental fishing. Section 216.24(f) shall govern (iv) May consider other readily mortality and serious injury in its export restrictions on importation and sale of available and relevant information about fisheries; and fish and fish products caught or such commercial fishing operations and (E) List the harvesting nations that harvested, and the taking of delphinids, the frequency of incidental mortality prohibit, in the course of commercial in the course of commercial purse seine and serious injury of marine mammals, fishing operations that are the source of fishing operations for yellowfin tuna in including: Fishing vessel records; exports to the United States, the the eastern tropical Pacific Ocean and reports of on-board fishery observers; intentional mortality or serious injury of fish and the importation of fish products information from off-loading facilities, marine mammals unless the intentional harvested by using a large-scale driftnet. port-side officials, enforcement agents, mortality or serious injury of a marine (3) Procedures to identify foreign transshipment vessel workers and fish mammal is imminently necessary in commercial fishing operations with importers; government vessel registries; self-defense or to save the life of a incidental mortality and serious injury regional fisheries management person in immediate danger. of marine mammals. In developing the organizations documents and statistical (5) Consultations with Harvesting List of Foreign Fisheries in paragraph document programs; and appropriate Nations with Commercial Fishing (h)(4) of this section, the Assistant certification programs. Other sources Operations on the List of Foreign Administrator: may include published literature and Fisheries. (i) Within 90 days of (i) Shall periodically analyze imports reports on fishing vessels with publication of the final List of Foreign of fish and fish products and identify incidental mortality and serious injury Fisheries in the Federal Register, the commercial fishing operations that are of marine mammals from government Assistant Administrator, in consultation the source of exports of such fish and agencies; foreign, state, and local with the Secretary of State, shall consult fish products to the United States that governments; regional fishery with harvesting nations with have or may have incidental mortality management organizations; commercial fishing operations or serious injury of marine mammals in nongovernmental organizations; identified as export or exempt fisheries the course of their commercial fishing industry organizations; academic as defined in § 216.3 for purposes of operations. institutions; and citizens and citizen notifying the harvesting nation of the (A) For the purposes of paragraph (h) groups. requirements of the Marine Mammal of this section, a commercial fishing (4) List of Foreign Fisheries. (i) Within Protection Act and this subpart. operation means vessels or entities that one year of the effective date of the final (ii) The Assistant Administrator, in catch, take, or harvest fish (as defined in rule implementing this section and the consultation with the Secretary of State, Section 3 of the Magnuson-Stevens year prior to the expiration of the may consult with harvesting nations for Fishery Conservation and Management exemption period and every four years the purposes of providing notifications Act (16 U.S.C. 1802)) from the marine thereafter, the Assistant Administrator, of deadlines under this section, environment (or other areas where based on the information obtained in ascertaining or reviewing the progress of marine mammals occur) that results in paragraph (h)(3) of this section, will the harvesting nation’s development, the sale or barter of all or part of the fish publish in the Federal Register: adoption, implementation, or caught, taken or harvested. The term (A) A proposed List of Foreign enforcement of its regulatory program includes aquaculture activities that Fisheries by harvesting nation for notice governing the incidental mortality and interact with or occur in marine and comment; and serious injury of marine mammals in the mammal habitat. (B) A final List of Foreign Fisheries, course of commercial fishing operations (B) [Reserved] effective upon publication in the for an export fishery, supplementing or (ii) Shall notify, in consultation with Federal Register. clarifying information needed in the Secretary of State, each harvesting (ii) To the extent that information is conjunction with the List of Foreign nation that has commercial fishing available, the List of Foreign Fisheries Fisheries in paragraphs (h)(3) and (4) of operations identified pursuant to shall: this section, the progress report in paragraph (h)(3)(i) of this section and (A) Classify each commercial fishing paragraph (h)(10) of this section or an request that within 90 days of operation that is the source of exports of application for or reconsideration of a notification the harvesting nation fish and fish products to the United comparability finding in paragraph submit reliable information about the States based on the definitions for (h)(6) and (h)(8) of this section. commercial fishing operations export fishery and exempt fishery set (iii) The Assistant Administrator identified, including as relevant the forth in § 216.3 of this part and shall, in consultation with the Secretary number of participants, number of identified in the List of Foreign of State and the United States Trade vessels, gear type, target species, area of Fisheries by harvesting nation and other Representative, consult with any

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harvesting nations that failed to receive subject to the additional considerations and incidental mortality and injury of a comparability finding for one or more set out in paragraph (h)(7) of this marine mammals in the course of of commercial fishing operations or for section: commercial fishing operations; and which a comparability finding is (A) For an exempt or export fishery, (ii) A requirement to implement terminated and encourage the the harvesting nation: measures in the export fishery designed harvesting nation to take corrective (1) Prohibits the intentional mortality to reduce the total incidental mortality action and reapply for a comparability or serious injury of marine mammals in and serious injury of a marine mammal finding in accordance with paragraph the course of commercial fishing stock below the bycatch limit. (h)(9)(iii) of this section. operations in the fishery unless the (4) Implementation of monitoring (6) Procedure and conditions for a intentional mortality or serious injury of procedures in the export fishery comparability finding. (i) Procedures to a marine mammal is imminently designed to estimate incidental apply for a comparability finding. On necessary in self-defense or to save the mortality or serious injury in the export March 1st of the year when the life of a person in immediate danger; or fishery, and to estimate the cumulative exemption period or comparability (2) Demonstrates that it has incidental mortality and serious injury finding is to expire, a harvesting nation, procedures to reliably certify that of marine mammal stocks in waters shall submit to the Assistant exports of fish and fish products to the under its jurisdiction resulting from the Administrator an application for each of United States are not the product of an export fishery and other export fisheries its export and exempt fisheries, along intentional killing or serious injury of a interacting with the same marine with documentary evidence marine mammal unless the intentional mammal stocks, including an indication demonstrating that the harvesting nation mortality or serious injury of a marine of the statistical reliability of those has met the conditions specified in mammal is imminently necessary in estimates. paragraph (h)(6)(iii) of this section for self-defense or to save the life of a (5) Calculation of bycatch limits for each of such fishery, including person in immediate danger; and marine mammal stocks in waters under reasonable proof as to the effects on (B) For an export fishery, the its jurisdiction that are incidentally marine mammals of the commercial harvesting nation maintains a regulatory killed or seriously injured in the export fishing technology in use in the fishery program with respect to the fishery that fishery. for fish or fish products exported from is comparable in effectiveness to the (6) Comparison of the incidental such nation to the United States. The U.S. regulatory program with respect to mortality and serious injury of each Assistant Administrator may require the incidental mortality and serious injury marine mammal stock or stocks that submission of additional supporting of marine mammals in the course of interact with the export fishery in documentation or other verification of commercial fishing operations, in relation to the bycatch limit for each statements made in an application for a particular by maintaining a regulatory stock; and comparison of the cumulative comparability finding. program that includes, or effectively incidental mortality and serious injury (ii) Procedures to issue a achieves comparable results as, the of each marine mammal stock or stocks comparability finding. No later than conditions in paragraphs (h)(6)(iii)(C), that interact with the export fishery and November 30th of the year when the (D) or (E) of this section as applicable any other export fisheries of the exemption period or comparability (including for transboundary stocks). harvesting nation showing that these finding is to expire, the Assistant (C) Conditions for an export fishery export fisheries: Administrator, in response to an operating under the jurisdiction of a (i) Do not exceed the bycatch limit for application from a harvesting nation for harvesting nation within its EEZ (or the that stock or stocks; or an export or exempt fishery, shall equivalent) or territorial sea. In making (ii) Exceed the bycatch limit for that determine whether to issue to the the finding in paragraph (h)(6)(ii) of this stock or stocks, but the portion of harvesting nation, in accordance with section, with respect to an export incidental marine mammal mortality or the procedures set forth in paragraph fishery operating under the jurisdiction serious injury for which the export (h)(8) of this section, a comparability of a harvesting nation within its EEZ (or fishery is responsible is at a level that, finding for the fishery. In making this the equivalent) or territorial sea, the if the other export fisheries interacting determination, the Assistant Assistant Administrator shall determine with the same marine mammal stock or Administrator shall consider whether the harvesting nation maintains stocks were at the same level, would not documentary evidence provided by the a regulatory program that provides for, result in cumulative incidental harvesting nation and relevant or effectively achieves comparable mortality and serious injury in excess of information readily available from other results as, the following: the bycatch limit for that stock or stocks. sources. If a harvesting nation provides (1) Marine mammal assessments that (D) Conditions for a harvesting insufficient documentary evidence in estimate population abundance for nation’s export fishery operating within support of its application, the Assistant marine mammal stocks in waters under the jurisdiction of another coastal state. Administrator shall draw reasonable the harvesting nation’s jurisdiction that In making the finding in paragraph conclusions regarding the fishery based are incidentally killed or seriously (h)(6)(ii) of this section, with respect to on readily available and relevant injured in the export fishery. a harvesting nation’s export fishery information from other sources, (2) An export fishery register operating within the jurisdiction of including where appropriate containing a list of all fishing vessels another coastal state, the Assistant information concerning analogous participating in the export fishery, Administrator shall determine whether fisheries that use the same or similar including information on the number of the harvesting nation maintains a gear-type under similar conditions as vessels participating, the time or season regulatory program that provides for, or the fishery, in determining whether to and area of operation, gear type and effectively achieves comparable results issue the harvesting nation a target species. as, the following: comparability finding for the fishery. (3) Regulatory requirements that (1) Implementation in the export (iii) Conditions for a comparability include: fishery of: finding. The following are conditions for (i) A requirement for the owner or (i) with respect to any transboundary the Assistant Administrator to issue a operator of a vessel participating in the stock interacting with the export fishery, comparability finding for the fishery, export fishery to report all intentional any measures to reduce the incidental

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mortality and serious injury of that whether the harvesting nation maintains fishery or fisheries exceeds the bycatch stock that the United States requires its a regulatory program that provides for, limit for a marine mammal stock, the domestic fisheries to take with respect or effectively achieves comparable population size and trend of the marine that transboundary stock; and results as, the U.S. regulatory program mammal stock, and the population level (ii) with respect to any other marine with respect to the following: impacts of the incidental mortality or mammal stocks interacting with the (1) Implementation in the fishery of serious injury of marine mammals in a export fishery while operating within marine mammal data collection and harvesting nation’s export fisheries and the jurisdiction of the coastal state or on conservation and management measures the conservation status of those marine the high seas, any measures to reduce applicable to that fishery required under mammal stocks where available; incidental mortality and serious injury any applicable intergovernmental (v) The record of consultations under that the United States requires its agreement or regional fisheries paragraph (h)(5) of this section with the domestic fisheries to take with respect management organization to which the harvesting nation, results of these to that marine mammal stock; and United States is a party; and consultations, and actions taken by the (2) For an export fishery not subject (2) Implementation in the export harvesting nation and under any to management by a regional fishery fishery of: applicable intergovernmental agreement management organization: (i) With respect to any transboundary or regional fishery management (i) An assessment of marine mammal stock interacting with the export fishery, organization to reduce the incidental abundance of stocks interacting with the any measures to reduce the incidental mortality and serious injury of marine export fishery, the calculation of a mortality and serious injury of that mammals in its export fisheries; bycatch limit for each such stock, an stock that the United States requires its (vi) Information gathered during estimation of incidental mortality and domestic fisheries to take with respect onsite inspection by U.S. government serious injury for each stock and that transboundary stock; and officials of a fishery’s operations; reduction in or maintenance of the (ii) With respect to any other marine (vii) For export fisheries operating on incidental mortality and serious injury mammal stocks interacting with the the high seas under an applicable of each stock below the bycatch limit. export fishery while operating on the intergovernmental agreement or regional This data included in the application high seas, any measures to reduce fishery management organization to may be provided by the coastal state or incidental mortality and serious injury which the United States is a party, the other source; and that the United States requires its harvesting nation’s record of (ii) Comparison of the incidental domestic fisheries to take with respect implementation of or compliance with mortality and serious injury of each to that marine mammal stock when they measures adopted by that regional marine mammal stock or stocks that are operating on the high seas. fishery management organization or interact with the export fishery in (7) Additional considerations for intergovernmental agreement for data relation to the bycatch limit for each comparability finding determinations. collection, incidental mortality and stock; and comparison of the cumulative When determining whether to issue any serious injury mitigation or the incidental mortality and serious injury comparability finding for a harvesting conservation and management of marine of each marine mammal stock or stocks nation’s export fishery the Assistant mammals; whether the harvesting that interact with the export fishery and Administrator shall also consider: nation is a party or cooperating non- any other export fisheries of the (i) U.S. implementation of its party to such intergovernmental harvesting nation showing that these regulatory program for similar marine agreement or regional fishery export fisheries do not exceed the mammal stocks and similar fisheries management organization; the record of bycatch limit for that stock or stocks; or (e.g., considering gear or target species), United States implementation of such exceed the bycatch limit for that stock including transboundary stocks measures; and whether the United or stocks, but the portion of incidental governed by regulations implementing a States has imposed additional measures marine mammal mortality or serious take reduction plan (§ 229.2 of this on its fleet not required by an injury for which the export fishery is chapter), and any other relevant intergovernmental agreement or regional responsible is at a level that, if the other information received during fishery management organization; or export fisheries interacting with the consultations; (viii) For export fisheries operating on same marine mammal stock or stocks (ii) The extent to which the harvesting the high seas under an applicable were at the same level, would not result nation has successfully implemented intergovernmental agreement or regional in cumulative incidental mortality and measures in the export fishery to reduce fisheries management organization to serious injury in excess of the bycatch the incidental mortality and serious which the United States is not a party, limit for that stock or stocks; or injury of marine mammals caused by the harvesting nation’s implementation (3) For an export fishery that is the harvesting nation’s export fisheries of and compliance with measures, subject to management by a regional to levels below the bycatch limit; adopted by that regional fisheries fishery management organization, (iii) Whether the measures adopted by management organization or implementation of marine mammal data the harvesting nation for its export intergovernmental agreement, and any collection and conservation and fishery have reduced or will likely additional measures implemented by management measures applicable to that reduce the cumulative incidental the harvesting nation for data collection, fishery required under an applicable mortality and serious injury of each incidental mortality and serious injury intergovernmental agreement or regional marine mammal stock below the mitigation or the conservation and fisheries management organization to bycatch limit, and the progress of the management of marine mammals and which the United States is a party. regulatory program toward achieving its the extent to which such measures are (E) Conditions for a harvesting objectives; comparable in effectiveness to the U.S. nation’s export fishery operating on the (iv) Other relevant facts and regulatory program for similar fisheries. high seas. In making the finding in circumstances, which may include the (8) Comparability finding paragraph (h)(6)(ii) of this section, with history and nature of interactions with determinations. (i) Publication. No later respect to a harvesting nation’s export marine mammals in this export fishery, than November 30th of the year when fishery operating on the high seas, the whether the level of incidental mortality the exemption period or comparability Assistant Administrator shall determine and serious injury resulting from the finding is to expire, the Assistant

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Administrator shall publish in the pursuant to paragraphs (h)(1) and (9) of (E) If the harvesting nation submits Federal Register, by harvesting nation, this section. the reliable information specified in a notice of the harvesting nations and (iv) Duration of a comparability paragraph (h)(3)(ii) of this section at fisheries for which it has issued and finding. Unless terminated in least 180 days prior to expiration of the denied a comparability finding and the accordance with paragraph (h)(8)(vii) of provisional comparability finding, the specific fish and fish products that as a this section or issued for a specific Assistant Administrator will review that result are subject to import prohibitions period pursuant to a re-application information and classify the fishery as under paragraphs (h)(1) and (9) of this under paragraph (h)(9)(iii) of this either an exempt or export fishery. section. section, a comparability finding shall (vii) Discretionary review of (ii) Notification. Prior to publication remain valid for 4 years from comparability findings. (A) The in the Federal Register, the Assistant publication or for such other period as Assistant Administrator may reconsider Administrator, in consultation with the the Assistant Administrator may a comparability finding that it has Secretary of State and, in the event of specify. issued at any time based upon a denial of a comparability finding, with (v) Renewal of comparability finding. information obtained by the Assistant the Office of the U.S. Trade To seek renewal of a comparability Administrator including any progress Representative, shall notify each finding, every 4 years or prior to the report received from a harvesting harvesting nation in writing of the expiration of a comparability finding, nation; or upon request with the fisheries of the harvesting nation for the harvesting nation must submit to the submission of information from the which the Assistant Administrator is: Assistant Administrator the application harvesting nation, any nation, regional (A) Issuing a comparability finding; and the documentary evidence required fishery management organizations, (B) Denying a comparability finding pursuant to paragraph (h)(6)(i) of this nongovernmental organizations, with an explanation for the reasons for section, including, where applicable, industry organizations, academic the denial of such comparability reasonable proof as to the effects on institutions, citizens or citizen groups finding; and marine mammals of the commercial that the harvesting nation’s exempt or (C) Specify the fish and fish products fishing technology in use in the fishery export fishery no longer meets the that will be subject to import for fish or fish products exported to the applicable conditions in paragraph prohibitions under paragraphs (h)(1) United States, by March 1 of the year (h)(6)(iii) of this section. Upon receiving and (9) of this section on account of a when its current comparability finding a request, the Assistant Administrator denial of a comparability finding and is due to expire. has the discretion to determine whether the effective date of such import (vi) Procedures for a comparability to proceed with a review or prohibitions. finding for new foreign commercial reconsideration. (iii) Preliminary comparability finding fishing operations wishing to export to (B) After such review or consultations. (A) Prior to denying a the United States. (A) For foreign reconsideration and consultation with comparability finding under paragraph commercial fishing operations not on the harvesting nation, the Assistant (h)(8)(ii) of this section or terminating a the List of Foreign Fisheries that are the Administrator shall, if the Assistant comparability finding under paragraph source of new exports to the United Administrator determines that the basis (h)(8)(vii) of this section, the Assistant States, the harvesting nation must notify for the comparability finding no longer Administrator shall: the Assistant Administrator that the applies, terminate a comparability (1) Notify the harvesting nation that it commercial fishing operation wishes to finding. is preliminarily denying or terminating export fish and fish products to the (C) The Assistant Administrator shall its comparability finding and explain United States. notify in writing the harvesting nation the reasons for that preliminary denial (B) Upon notification the Assistant and publish in the Federal Register a or termination; Administrator shall issue a provisional notice of the termination and the (2) Provide the harvesting nation a comparability finding allowing such specific fish and fish products that as a reasonable opportunity to submit imports for a period not to exceed 12 result are subject to import prohibitions reliable information to refute the months. under paragraphs (h)(1) and (9) of this preliminary denial or termination of the (C) At least 120 days prior to the section. comparability finding and communicate expiration of the provisional (9) Imposition of import prohibitions. any corrective actions it is taking to comparability finding the harvesting (i) With respect to a harvesting nation meet the applicable conditions for a nation must submit to the Assistant for which the Assistant Administrator comparability finding set out in Administrator the reliable information has denied or terminated a paragraph (h)(6)(iii) of this section specified in paragraph (h)(3)(ii) of this comparability finding for a fishery, the subject to the additional considerations section and the application and the Assistant Administrator, in cooperation set out in paragraph (h)(7) of this applicable documentary evidence with the Secretaries of the Treasury and section. required pursuant to paragraph (h)(6)(i) Homeland Security, shall identify and (B) The Assistant Administrator shall of this section. prohibit the importation of fish and fish take into account any information it (D) Prior to expiration of the products into the United States from the receives from the harvesting nation and provisional comparability finding, the harvesting nation caught or harvested in issue a final comparability finding Assistant Administrator shall review the that fishery. Any such import determination, notifying the harvesting application and information provided prohibition shall become effective 30 nation pursuant to paragraph (h)(8)(ii) of and classify the commercial fishing days after the of publication of the this section of its determination and, if operation as either an exempt or export Federal Register notice referenced in a denial or termination, an explanation fishery in accordance with paragraphs paragraph (h)(8)(i) of this section and of the reasons for the denial or (h)(3)(iii) through (iv) and (h)(4)(ii) of shall only apply to fish and fish termination of the comparability this section and determine whether to products caught or harvested in that finding. issue the harvesting nation a fishery. (C) A preliminary denial or comparability finding for the fishery in (ii) Duration of import restrictions termination of a comparability finding accordance with paragraph (h)(6)(ii) and removal of import restrictions. (A) shall not result in import prohibitions through (iii) of this section. Any import prohibition imposed

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pursuant to paragraphs (h)(1) and (9) of (C) The Assistant Administrator in (1) Does not import, or does not offer this section with respect to a fishery cooperation with the Secretaries of for import into the United States, fish or shall remain in effect until the Assistant Treasury and Homeland Security, shall fish products subject to an import Administrator issues a comparability as part of the Federal Register notice prohibition under paragraphs (h)(1) and finding for the fishery. referenced in paragraph (h)(8)(i) of this (h)(9)(i) of this section; or (B) A harvesting nation denied a section publish by harvesting nation the (2) Has procedures to reliably certify comparability finding for a fishery may fish and fish products to be that exports of fish and fish products re-apply for a comparability finding at accompanied by a certification of from the intermediary to the United any time submitting an application to admissibility. Any requirement for a States do not contain fish or fish the Assistant Administrator, along with certification of admissibility shall be products caught or harvested in a documentary evidence demonstrating effective 30 days after the publication of fishery subject to an import prohibition that the harvesting nation has met the such notice in the Federal Register. under paragraphs (h)(1) and (h)(9)(i) of conditions specified in paragraph (D) For each shipment, the this section. (h)(6)(iii) of this section, including, as certification of admissibility must be (E) The intermediary nation must applicable, reasonable proof as to the properly completed and signed by a provide documentary evidence to effects on marine mammals of the duly authorized official or agent of the support its certification including commercial fishing technology in use in harvesting nation and subject to information demonstrating that: the fishery for the fish or fish products validation by a responsible official(s) (1) It has not imported in the exported from such nation to the United designated by the Assistant preceding 6 months the fish and fish States. Administrator. The certification must products for which it was notified under (C) The Assistant Administrator shall also be signed by the importer of record paragraph (h)(9)(iv)(C) of this section; or make a determination whether to issue and submitted in a format (electronic (2) It maintains a tracking, the harvesting nation that has re-applied facsimile [fax], the Internet, etc.) verification, or other scheme to reliably for a comparability finding for the specified by the Assistant certify on either a global, individual fishery within 90 days from the Administrator. shipment or other appropriate basis that submission of complete information to (iv) Intermediary nation. (A) For fish and fish products from the the Assistant Administrator. The purposes of this paragraph, and in intermediary nation offered for import Assistant Administrator shall issue a applying the definition of an to the United States do not contain of comparability finding for the fishery for ‘‘intermediary nation,’’ an import into fish or fish products caught or harvested a specified period where the Assistant the intermediary nation occurs when in a fishery subject to an import Administrator finds that the harvesting the fish or fish product is released from prohibition under paragraphs (h)(1) and nation meets the applicable conditions a harvesting nation’s customs (h)(9)(i) of this section and for which it in paragraph (h)(6)(iii) of this section, jurisdiction and enters the customs was notified under paragraph subject to the additional consideration jurisdiction of the intermediary nation (h)(9)(iv)(C) of this section. for a comparability finding in paragraph or when the fish and fish products are (F) No later than 120 days after a (h)(7) of this section. entered into a foreign trade zone of the notification pursuant to paragraph (D) Upon issuance of a comparability intermediary nation for processing or (h)(9)(iv)(C) of this section, the Assistant finding to the harvesting nation with transshipment. For other purposes, Administrator will review the respect to the fishery and notification in ‘‘import’’ is defined in § 216.3. documentary evidence provided by the writing to the harvesting nation, the (B) No fish or fish products caught or intermediary nation under paragraphs Assistant Administrator, in cooperation harvested in a fishery subject to an (h)(9)(iv)(D) and (E) of this section and with the Secretaries of Treasury and import prohibition under paragraphs determine based on that information or Homeland Security, shall publish in the (h)(1) and (9) of this section, may be other readily available information Federal Register a notice of the imported into the United States from whether the intermediary nation comparability finding and the removal any intermediary nation. imports, or offers to import into the of the corresponding import prohibition (C) Within 30 days of publication of United States, fish and fish products effective on the date of publication in the Federal Register described in subject import prohibitions and, if so, the Federal Register. paragraph (h)(8)(i) of this section whether the intermediary nation has (iii) Certification of admissibility. (A) specifying fish and fish products subject procedures to reliably certify that If fish or fish products are subject to an to import prohibitions under paragraphs exports of fish and fish products from import prohibition under paragraphs (h)(1) and (h)(9) of this section, the the intermediary to the United States do (h)(1) and (9) of this section, the Assistant Administrator shall, based on not contain fish or fish products subject Assistant Administrator, to avoid readily available information, identify to import prohibitions under paragraphs circumvention of the import nations that may import, and re-export (h)(1) and (9) of this section, and notify prohibition, may require that the same to the United States, fish and fish the intermediary nation of its or similar fish and fish products caught products from a fishery subject to an determination. or harvested in another fishery of the import prohibition under paragraphs (G) If the Assistant Administrator harvesting nation and not subject to the (h)(1) and (h)(9)(i) of this section and determines that the intermediary nation prohibition be accompanied by a notify such nations in writing that they does not have procedures to reliably certification of admissibility. The are subject to action under paragraph certify that exports of fish and fish certification of admissibility may be in (h)(9)(iv)(D) of this section with respect products from the intermediary to the addition to any other applicable import to the fish and fish products for which United States do not contain fish or fish documentation requirements. the Assistant Administer identified products caught or harvested in a (B) The Assistant Administrator shall them. fishery subject to an import prohibition notify the harvesting nation of the (D) Within 60 days from the date of under paragraphs (h)(1) and (h)(9)(i) of fisheries and the fish and fish products notification, a nation notified pursuant this section, the Assistant to be accompanied by a certification of to paragraph (h)(9)(iv)(C) of this section Administrator, in cooperation with the admissibility and provide the necessary must certify to the Assistant Secretaries of the Treasury and documents and instruction. Administrator that it: Homeland Security, will file with the

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Office of the Federal Register a notice Administrator documenting actions respect to the financial or technical announcing that fish and fish products taken to: means to develop and implement the exported from the intermediary nation (A) Develop, adopt and implement its requirements of this section; to the United States that are of the same regulatory program; and (ii) Undertake, where appropriate, species as, or similar to, fish or fish (B) Meet the conditions in paragraph cooperative research on marine mammal products subject to an import (h)(6)(iii) of this section, including with assessments for abundance, methods to prohibition under paragraphs (h)(1) and respect to reducing or maintaining estimate incidental mortality and (h)(9)(i) of this section and for which it incidental mortality and serious injury serious injury and technologies and was notified under paragraph of marine mammals below the bycatch techniques to reduce marine mammal (h)(9)(iv)(C) of this section may not be limit for its fisheries. incidental mortality and serious injury (ii) The progress report should imported into the United States. in export fisheries; include the methods the harvesting (iii) Encourage and facilitate, as (H) The Assistant Administrator will nation is using to obtain information in appropriate, the voluntary transfer of review determinations under this support of a comparability finding and appropriate technology on mutually paragraph upon the request of an a certification by the harvesting nation agreed terms to assist harvesting nations intermediary nation. Such requests must of the accuracy and authenticity of the in qualifying for a comparability finding be accompanied by specific and detailed information contained in the progress under paragraph (h)(6) of this section; supporting information or report. and (iii) The first progress report would be documentation indicating that a review (iv) Initiate, through the Secretary of due two years prior to the end of or reconsideration is warranted. Based State, negotiations for the development exemption period and every four years upon such information and other of bilateral or multinational agreements thereafter on or before July 31. relevant information, the Assistant with harvesting nations to conserve (iv) The Assistant Administrator may Administrator may determine that the marine mammals and reduce the review the progress report to monitor intermediary nation should no longer be incidental mortality and serious injury progress made by a harvesting nation in subject to an import prohibition under of marine mammals in the course of developing its regulatory program or to paragraph (h)(9)(iv)(G) of this section. commercial fishing operations. reconsider a comparability finding in Based on that determination the (12) The Assistant Administrator shall accordance with paragraph (h)(8)(vi) of Assistant Administrator, in cooperation ensure, in consultation with the Office with the Secretaries of the Treasury and this section. (11) International cooperation and of the United States Trade Homeland Security, may lift an import assistance. Consistent with the Representative, that any action taken prohibition under this paragraph and authority granted under Marine under this section, including any action publish notification of such action in Mammal Protection Act at 16 U.S.C. to deny a comparability finding or to the Federal Register. 1378 and the availability of funds, the prohibit imports, is consistent with the (10) Progress report for harvesting Assistant Administrator may: international obligations of the United nations with export fisheries (i) A (i) Provide appropriate assistance to States, including under the World Trade harvesting nation shall submit, with harvesting nations identified by the Organization Agreement. respect to an exempt or export fishery, Assistant Administrator under [FR Doc. 2015–19231 Filed 8–10–15; 8:45 am] a progress report to the Assistant paragraph (h)(5) of this section with BILLING CODE 3510–22–P

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Part IV

Department of Health and Human Services

Administration for Children and Families 45 CFR Part 95 45 CFR Parts 1355 and 1356 Comprehensive Child Welfare Information System; Proposed Rule

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DEPARTMENT OF HEALTH AND explain reasons for any objections or I. Executive Summary per Executive HUMAN SERVICES recommended changes, and reference Order 13563 the specific section of the proposed rule Purpose of the NPRM Administration for Children and that is being addressed. All comments Families received before the close of the The Need for Regulatory Action and comment period are available for How the Action Will Meet That Need 45 CFR Part 95 viewing by the public. Although commenters should include contact The Statewide Child Welfare 45 CFR Parts 1355 and 1356 information in any correspondence, the Information System (SACWIS) regulations published in 1993 provided RIN 0970–AC59 comments themselves should not include personally identifiable states with enhanced funding to build a Comprehensive Child Welfare information or confidential business or single comprehensive system supporting all child welfare case Information System financial information as we post all management activities for public and submitted comments without change to AGENCY: Administration on Children, private child welfare workers in the http://www.regulations.gov. Comments Youth and Families (ACYF), state. This was in response to 1993 will also be available for public Administration for Children and amendments to the Social Security Act inspection Monday through Friday 7 Families (ACF), Department of Health (the Act) which provided title IV–E a.m. to 3:30 p.m. at the above address and Human Services (HHS). funding for statewide automated child ACTION: Notice of proposed rulemaking by contacting Terry Watt at (202) 690– welfare information systems. In the (NPRM). 8177. intervening years, child welfare practice We will not acknowledge receipt of changed considerably. It became SUMMARY: The Administration for the comments we receive. However, we challenging for title IV–E agencies (as Children and Families proposes to will review and consider all comments defined at 1355.20) to support practices revise the Statewide and Tribal that are germane and are received that may vary within a jurisdiction with Automated Child Welfare Information during the comment period. We will a single comprehensive information System regulations. This proposed rule respond to these comments in the system. Additionally, information will remove the requirement for a single preamble of the final rule. technology (IT) has advanced. The comprehensive system and allow title advancements in IT provide title IV–E IV–E agencies to implement systems Comments that concern information that support current child welfare collection requirements must be sent to agencies with tools to rapidly share data practice. It also proposes to establish the Office of Management and Budget among systems supporting multiple requirements around design, data (OMB) at the address listed in the health and human service programs quality, and data exchange standards in Paperwork Reduction Act (PRA) section with increased efficiency. To address addition to aligning these regulations of this preamble. A copy of these these practice challenges and IT with current and emerging technology comments also may be sent to the changes, and allow agencies to improve their systems, our proposal removes the developments to support the Department representative listed above. administration of title IV–E and IV–B requirement for a single comprehensive programs under the Social Security Act. FOR FURTHER INFORMATION CONTACT: system and supports the use of Terry Watt, Director, Division of State improved technology to better support DATES: Written comments on this NPRM Systems, Children’s Bureau, must be received on or before October current child welfare practice. With this 13, 2015 to be considered. Administration on Children, Youth, and flexibility, title IV–E agencies can build Families, (202) 690–8177 or by email at less expensive modular systems that ADDRESSES: You may submit comments [email protected]. Do not email more closely mirror their practice electronically via the Internet at http:// comments on the NPRM to this address. models while supporting quality data. www.regulations.gov. We urge you to Furthermore, IT tools now can be submit comments electronically to Deaf and hearing impaired effectively scaled to support smaller ensure they are received in a timely individuals may call the Federal Dual jurisdictions such as federally- manner. An electronic version of the Party Relay Service at 1–800–877–8339 recognized Indian tribes, tribal NPRM is available for download on between 8 a.m. and 7 p.m. Eastern Time. organizations, and tribal consortia http://www.regulations.gov. Interested SUPPLEMENTARY INFORMATION: The (tribes) at a reasonable cost. persons may submit written comments preamble to the NPRM is organized as regarding this NPRM via regular postal Consistent with changes in child follows: mail to Terry Watt, Director, Division of welfare practice and advancements in State Systems, Children’s Bureau, I. Executive Summary per Executive Order IT, section 6 of the President’s Executive Administration on Children, Youth and 13563 Order 13563 of January 18, 2011, called Families, Administration for Children II. Background on the Statewide and Tribal for retrospective analyses of existing and Families, 1250 Maryland Avenue Automated Child Welfare Information rules ‘‘that may be outmoded, SW., 8th Floor, Washington, DC 20024. System ineffective, insufficient, or excessively If you choose to use an express, III. Statutory Authority burdensome, and to modify, streamline, overnight, or other special delivery IV. Consultation and Regulation expand, or repeal them in accordance method, please ensure that the carrier Development with what has been learned.’’ As such, will deliver to the above address V. Overview of Major Proposed Revisions we placed the SACWIS regulations on Monday through Friday during the VI. Section-by-Section Discussion of the the list of Administration for Children hours of 9 a.m. to 5 p.m., excluding NPRM and Families (ACF) regulations to holidays. VII. Impact Analysis retrospectively review and determined Comments should be specific, address that revising the SACWIS regulations issues raised by the proposed rule, would be in keeping with Executive propose alternatives where appropriate, Order 13563.

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Statutory Authority for the NPRM that a copy of the required data is then The proposed regulations minimize The statute at 42 U.S.C. 674(a)(3)(C) maintained in CCWIS. In addition, title burden on title IV–E agencies, including and (D) provides the authority for title IV–E agencies must also develop and tribal title IV–E agencies, by providing IV–E funding for the planning, design, maintain a comprehensive data quality flexibility when designing systems. In development, installation, and plan to ensure that the title IV–E agency particular, title IV–E agencies have the operation of a data collection and and ‘‘child welfare contributing flexibility to leverage the investment information retrieval system and the agencies’’ (as defined in proposed made in existing S/TACWIS and non-S/ TACWIS systems and to determine the requirements a title IV–E agency must § 1355.51) coordinate to support size, scope, and functionality included meet to receive federal financial complete, timely, accurate, and in their CCWIS system. Therefore, this participation (FFP). The statute at 42 consistent data. As part of the data proposal allows title IV–E agencies to U.S.C. 674(c) further specifies the quality plan, we propose to require that implement systems in a manner that expenditures eligible for FFP. the title IV–E agency actively monitor and manage data quality. This proposal does not impose a large burden or costs Summary of the Major Provisions of the also requires a CCWIS to include new on the state or tribal agency. NPRM bi-directional data exchanges. We Implementing a CCWIS is voluntary, This rule proposes requirements for propose to require bi-directional data therefore any costs resulting from Comprehensive Child Welfare exchanges with any systems used by implementing new or modified systems Information Systems (CCWIS). The child welfare contributing agencies for are the result of choices title IV–E primary changes to the current child welfare case management agencies make when implementing regulations are: (1) Providing title IV–E activities. We also propose, where requirements in this proposed rule. We have determined that costs to title IV– agencies with flexibility to determine practicable, bi-directional data E agencies as a result of this rule will the size, scope, and functionality of exchanges with other systems such as not be significant and the benefits and their information system; (2) allowing court systems, education systems, and potential cost savings justify costs the CCWIS to obtain data required by Medicaid claims systems. We propose to associated with this proposed rule. this proposed rule from external require the use of electronic data information systems so that a copy of exchange standards that strengthen II. Background on the Statewide and that data is then stored and managed in program integrity. Tribal Automated Child Welfare the CCWIS; (3) emphasizing data quality The proposed rule would provide title Information System and requiring a new data quality plan; IV–E agencies with flexibility to build ACF published the existing (4) requiring additional bi-directional systems that align more closely to their regulations at 45 CFR 1355.50 through data exchanges, and use of electronic business needs and practices by 1355.57 in December 1993 in response data exchange standards that strengthen allowing each agency to determine the to statutory amendments to title IV–E to program integrity; and (5) promoting size, scope, and functionality of their provide 75 percent title IV–E funding more efficient and less expensive information system. Finally, we for federal fiscal years 1994 through development of reliable systems, that prioritize more efficient and less 1996. This funding was made available follow industry design standards, expensive development of systems that for costs related to planning, design, including development of independent, follow industry design standards, development, and installation of reusable modules. Because these including development of independent, statewide automated child welfare changes permit title IV–E agencies to reusable modules. These provisions information systems. The legislation build systems fundamentally different allow title IV–E agencies to customize also provided an enhanced cost from current Statewide and Tribal CCWIS to efficiently, economically, and allocation to states so that title IV–E Automated Child Welfare Information effectively provide the high quality data would absorb SACWIS costs to support Systems (S/TACWIS), we propose a new needed to support child welfare goals. foster and adopted children, regardless name for systems meeting the proposed Costs and Benefits of their eligibility for title IV–E funding. requirements: Comprehensive Child Public Law 104–193, the Personal Welfare Information Systems (CCWIS). Changes in this proposed rule directly Responsibility and Work Opportunity Complete, timely, and accurate data benefit state and tribal title IV–E Reconciliation Act of 1996 extended the supports the goals of child safety, agencies. Specifically, we propose to 75 percent enhanced funding through wellbeing, and permanency. Data allow title IV–E agencies to tailor fiscal year 1997. Congress did not informs actions and guides decisions at CCWIS to their administrative, extend enhanced funding after 1997. As all levels of the agency. Workers use programmatic, and technical such, the current funding level is 50 data to manage cases, monitor services, environments to meet their own percent for systems described in and assess client progress while business needs. The proposed system 474(a)(3)(C) of the Act, that: supervisors and administrators use it to interoperability and bi-directional data • Meet the requirements for an monitor and direct work, manage exchange requirements allow a CCWIS Adoption and Foster Care Analysis and resources, evaluate program to use and benefit from data collected or Reporting System (AFCARS); effectiveness, control costs, and estimate produced by other systems. By • Interface with the state child abuse funding needs. proposing similar design requirements and neglect automated systems to the To support the collection, as promulgated by the Centers for extent practicable; management, and dissemination of high Medicare & Medicaid Services (CMS), • Interface with and retrieve quality data, the proposed rule requires the proposal encourages sharing system information from a state’s automated CCWIS to maintain (store and manage) modules both within and across health title IV–A system, to the extent certain required data for federal and human service programs, which practicable; and reporting and produce all required title provides savings opportunities for all • Provide more efficient, economical IV–E agency reports. To meet this participating partners. These and effective administration of title IV– expectation, external information requirements may also benefit title IV– B and IV–E programs. systems that collect required data must E agencies by yielding cost savings in Prior to the passage of Public Law electronically share data with CCWIS so the long term. 104–193, which authorized SACWIS,

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ACF established a ten-state workgroup response to Fostering Connections, ACF IT vendors. In response to the 2010 FR in early 1993 to identify features that a amended the SACWIS regulations in Notice and our outreach efforts, we comprehensive child welfare January 2012 to include tribes operating received 48 comments from state child information system should provide to an approved title IV–E program. welfare agencies, private providers and support child welfare practice and Through these amendments, the Tribal provider associations, advocacy groups, program administration. ACF Automated Child Welfare Information IT vendors, tribes and tribal considered the workgroup’s System (TACWIS) became the associations, a local public agency, a recommendations as it drafted and designation for tribal systems meeting state’s welfare directors’ association, a promulgated the 1993 SACWIS the requirements of §§ 1355.50 through state-level office of court administration, regulations. 1355.57. and a university research center. The 1993 regulations were amended III. Statutory Authority The comments we received offered in 2012 to include tribes. These current thoughtful insights into the experience regulations provide title IV–E agencies This proposed regulation is being of states, tribes, and providers using with the option to implement a S/ issued under the general authority of various SACWIS applications. The TACWIS. If a title IV–E agency elects to section 1102 of the Social Security Act following themes emerged from the implement a S/TACWIS, the system (42 U.S.C. 1302) which requires the comments: must be a comprehensive automated Secretary of Health and Human Services • A S/TACWIS should serve as a case management tool that meets the to publish regulations that may be central repository for child welfare data, needs of all staff (including case necessary for the efficient with the content available to all users. workers and their supervisors, whether administration of the functions for • Instead of describing S/TACWIS in employed by the state, tribe, county or which she is responsible under the Act. functional terms, several commenters The statute at 42 U.S.C. 674(a)(3)(C) and contracted private providers) involved suggested that the federal regulations (D) provides the authority for title IV– in foster care and adoptions assistance define expectations for required data E funding for the planning, design, case management. The S/TACWIS must elements. development, installation, operation, be the sole automated child welfare case • Commenters strongly supported an and maintenance of a data collection management tool used by staff. Staff emphasis on data quality, consistency, and information retrieval system and must enter all case management and integrity. information into S/TACWIS so that it the requirements a title IV–E agency • Commenters recommended a focus holds the title IV–E agency’s ‘‘official must meet to receive federal financial on data that addresses mandatory case record’’—a complete, current, participation (FFP). The statute at 42 federal requirements, and those data accurate, and unified case management U.S.C. 674(c) further specifies the elements used for federal reporting and history on all children and families expenditures eligible for FFP. reviews, as well as data needed for state serviced by the agency. Currently the IV. Consultation and Regulation and tribal operations and program system must support the reporting of Development management. AFCARS, the National Youth in • Commenters suggested that data Transition Database (NYTD), and the Starting in 2009, the Children’s National Child Abuse and Neglect Data Bureau (CB) initiated a detailed analysis conforming to S/TACWIS standards and System (NCANDS) data sets. The system of the S/TACWIS regulations to assess if representing common data elements must have bi-directional electronic data there was a need to change them to could be uploaded to a data repository exchanges with systems supporting the better utilize newer technology and from any source, whether a case title IV–A, title IV–D, and title XIX support the changing child welfare management system used by a programs. S/TACWIS must also program. Our analysis also considered contracted services provider, or from an exchange data with the system whether modifications were necessary ancillary state or tribal system, thus supporting child abuse and neglect to address changing business practice eliminating the need to re-enter data models, including the expanded use of into external systems. reporting and investigations, although • agencies may meet this requirement by private case managers, and approaches Recognizing that S/TACWIS integrating these functions into the to provide flexibility to title IV–E technology approaches are nearly two system. S/TACWIS must also collect agencies in implementing child welfare decades old, multiple commenters and manage the information needed to systems. suggested that new regulations allow the facilitate the delivery of child welfare To inform our efforts in developing adoption of new and emerging support services, including family this NPRM we solicited ideas from the technologies, and be written in such a support and family preservation. public through a Federal Register notice way as to allow for the future adoption On October 7, 2008, the President on July 23, 2010 (75 FR 43188) (hereto of new technologies for data entry, signed the Fostering Connections to referred to as the 2010 FR Notice). storage, access, and sharing. Success and Increasing Adoptions Act CB publicized the 2010 FR Notice • Commenters noted that requiring all of 2008 (Pub. L. 110–351) (Fostering through electronic mailing lists used users to use a single system did not Connections) into law. Among many routinely by this agency, and other encourage flexibility and innovation. other provisions, Fostering Connections communications channels with the Contracted private providers with amended title IV–E of the Act to create child welfare and IT communities. We different business processes cannot use an option for title IV–E agencies to conducted a series of conference calls proprietary systems designed to support provide kinship guardianship assistance with interested stakeholder groups to those processes to manage child welfare payments, to extend eligibility for title discuss the 2010 FR Notice, answer case management, as the regulations IV–E payments up to age 21, to de-link questions, and encourage the require them to use S/TACWIS. adoption assistance from Aid to submission of comments. We conducted • Commenters expressed concern that Families with Dependent Children conference calls with state child welfare a revised regulation would force them to (AFDC) financial eligibility rules over information system managers and build a new case management system. A an eight-year period, and to provide program representatives, tribal child number of states expressed a desire that certain tribes with the option to operate welfare representatives, private child any new regulations allow them to a title IV–E program directly. In welfare agencies, advocacy groups, and continue to use their existing system.

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The full text of the public comments business needs and practices by program management, evaluation, in response to the 2010 FR Notice is allowing each title IV–E agency to research, and policy development. This available for review at: http:// determine the size, scope, and proposed regulation also includes new www.regulations.gov. functionality of their information requirements to ensure that a CCWIS In the April 5, 2011 Federal Register, system. This flexibility allows title IV– supports data quality by requiring CB published a related notice entitled: E agencies to design systems tailored to agency reviews of automated and ‘‘Federal Monitoring of Child and their administrative, programmatic, and manual data collection processes, and Family Service Programs: Request for technical environments. A title IV–E by requiring the title IV–E agency to Public Comment and Consultation agency may transition a current system provide continuous data quality Meetings’’ (76 FR 18677) (hereto to CCWIS, become a non-CCWIS, or improvement, based on its review referred to as the 2011 FR Notice). The build a new CCWIS. The new CCWIS findings. Some of the data quality 2011 FR Notice included the following may: Contain all the functions required requirements include: Automatically question relevant to our review of S/ to collect and maintain CCWIS data monitoring the CCWIS data for missing TACWIS regulations: ‘‘What role should (similar to a current S/TACWIS), be data, generating reports and alerts when the child welfare case management little more than a data repository that entered data does not meet expected information system or systems that collects and exchanges data captured in timeframes, automatically providing states/tribes/local agencies use for case other systems, or fall somewhere in data to and automatically requesting management or quality assurance between these two extremes. This needed data from child welfare purposes play in a federal monitoring approach also accommodates different contributing systems, and regular process?’’ size states and tribes, as well as state review by the title IV–E agency to In response, some commenters noted agencies that are either state or county ensure that CCWIS data accurately that child welfare management administered. documents all cases, clients, services, information systems should play an Second, data may be obtained from and activities. important role in federal monitoring as external information systems so that a Fourth, this proposal requires a they provide valuable quantitative data. copy of that data is then stored and CCWIS to include new bi-directional However, other commenters cited data managed in CCWIS. Although this data exchanges and use of electronic quality and integrity issues that could proposed rule requires CCWIS to data exchange standards that strengthen result in inaccurate data for baseline maintain (store and manage) the program integrity. The proposed rule outcomes and measuring improvements. required data, it allows the CCWIS to Commenters also observed that there obtain required data that is captured in continues to require, where practicable, could be a delay between changing external information systems. This is an bi-directional data exchanges with title child welfare practices and the system important change from S/TACWIS— IV–A, title IV–D, title XIX, and child enhancements needed to support the because current rules require S/TACWIS abuse/neglect systems, as in S/TACWIS changes. The full text of the public to collect and maintain the data, i.e., the rules. We propose to continue to require comments in response to the 2011 FR data must be entered directly into S/ bi-directional data exchanges with Notice is available for review at: http:// TACWIS. The proposed NPRM also systems processing payments and www.regulations.gov. requires that CCWIS be the source of claims and with systems generating These proposed regulations address data for federally required and other information needed for title IV–E the comments regarding the critical role agency reports. This includes on-going eligibility determinations, if the CCWIS of flexibility in a child welfare federal reports such as AFCARS, NYTD, does not perform these functions. We information system that must provide Title IV–E Programs Quarterly Financial also propose to require, to the extent quality data to support the federal effort Report (Form CB–496) and other practicable, title IV–E agencies add new to monitor child and family service ongoing reports needed by the federal, bi-directional data exchanges with other programs. state or tribal agency. However, this systems such as court systems, requirement gives the IV–E agency education systems, and Medicaid claims V. Overview of Major Proposed flexibility to produce the federal report systems. Adding these new bi- Revisions using data collected in CCWIS or data directional data exchanges will The primary changes in this proposed collected in other system(s) and then contribute to efforts to improve rule are: (1) Providing title IV–E shared with CCWIS. outcomes for children and assist title agencies with flexibility to determine Third, this proposal emphasizes data IV–E agencies in collecting more the size, scope, and functionality of quality and requires a new data quality comprehensive data on each child their information system; (2) allowing plan. We propose emphasizing data served by the title IV–E agency. In the CCWIS to obtain required data from quality by requiring title IV–E agencies addition, we propose that any child external information systems so that a to develop and maintain a welfare contributing agencies using a copy of that data is then stored and comprehensive data quality plan to system other than CCWIS and approved managed in the CCWIS; (3) emphasizing monitor the title IV–E agency, and if by the title IV–E agency for child data quality and requiring a new data applicable child welfare contributing welfare case management (for example, quality plan; (4) requiring new bi- agencies, system(s) and processes to a proprietary system built or licensed by directional data exchanges and use of support complete, timely, accurate, and a private agency to manage its child electronic data exchange standards that consistent data. The IV–E agency must welfare cases) must have a bi-directional strengthen program integrity; and (5) also actively monitor, manage, and data exchange with CCWIS. This allows promoting more efficient and less enhance data quality. Improving data child welfare contributing agencies to expensive development of reliable quality is vital for all child welfare enter data in their own systems and systems that follow industry design program activities. Reliable data, no then exchange that data with the CCWIS standards including development of matter who collects it or where it is instead of requiring the child welfare independent, reusable modules. collected, supports the goals of child contributing agency to enter data First, we propose to provide title IV– safety, wellbeing, and permanency. directly into the CCWIS. This bi- E agencies with flexibility to build Therefore, reliable data is a critical directional data exchange ensures that systems that align more closely to their component of case work, supervision, data collected by one child welfare

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contributing agency is available to the transition within the 24 months to be a § 1355.50—Purpose of This Part title IV–E agency and all other CCWIS. A new CCWIS may be built at We propose to revise § 1355.50 to contributing agencies through the any time. describe that the purpose of the CCWIS. This proposal also requires title Title IV–E agencies report that proposed regulations in §§ 1355.50 IV–E agencies to use an electronic data systems built under the S/TACWIS through 1355.59 is to set forth the exchange standard to improve regulations improve program requirements for receiving federal efficiency, reduce duplicate data administration by automating work financial participation (FFP) as collection, and promote common processes, providing workers with data authorized under section 474(a)(3)(C) understanding of data elements. Such a to manage cases, and generating reports and (D) and 474(c) of the Act for the standard promotes a common for supervisors and administrators. The planning, design, development, understanding of data across systems so goal of our proposal is to assist title IV– installation, operation, and maintenance all users have a shared, clear, and E agencies in developing systems that of a comprehensive child welfare precise understanding of what the data further contribute to improving information system (CCWIS). means. outcomes for children and families with Implementing a CCWIS is optional. Finally, the proposal prioritizes more more flexible, modernized systems that efficient and less expensive While the Act provides a favorable cost support the efficient, economical, and allocation for a CCWIS, the Act does not development of reliable systems that effective administration of the plans follow industry design standards, require that a title IV–E agency have a approved under titles IV–B and IV–E of CCWIS. Title IV–E agencies with a data including development of independent, the Act. Compliance with provisions in reusable modules. This proposal collection system that does not meet the final rule would be determined CCWIS requirements may qualify for provides an incentive for title IV–E through ACF review and approval of a agencies to build independent plug-and- funding as described at § 1356.60(d). state’s or tribe’s Advance Planning Consistent with the definition of title play modules that may be shared and Documents (APD) or a Notice of Intent, reused by other states, tribes, and IV–E agency in § 1355.20, if a title IV– where applicable, and through the use E agency chooses to implement a agencies. This proposal requires CCWIS of federal monitoring. automated functions to be built as CCWIS, we propose that the The proposed revisions in this NPRM requirements in §§ 1355.50 through independent modules that may be describe an approach fundamentally reused in other systems or be replaced 1355.59 apply to the title IV–E agency different from the current regulations. (either state or tribe) unless otherwise by newer modules with more Considering the scope of the proposed capabilities. The title IV–E agency must specified. changes, we determined that these follow industry standards when revisions could not be effectively § 1355.51—Definitions Applicable to designing and building the automated incorporated through section-by-section Comprehensive Child Welfare modules. Our proposal is similar to the amendments. Therefore, our proposal Information Systems (CCWIS) design requirements established by the would completely replace the current CMS for Federal Funding for Medicaid We propose to add a new § 1355.51 to regulations. Where applicable, the Eligibility Determination and provide definitions that apply to Section-by-Section Discussion of the Enrollment Activities. Proposing design §§ 1355.50 through 1355.59. This NPRM notes where we propose to retain requirements similar to CMS will section is new, as the current requirements from the current increase the potential for re-use of regulations provide no definitions automated functions across related regulations. specific to S/TACWIS. These definitions health and human service programs. VI. Section-by-Section Discussion of the clarify the meaning of key terms and In developing this proposed rule, we NPRM concepts applicable to these sections. were mindful of the Administration’s See § 1355.20 for definitions of other emphasis on flexibility as a guiding Our proposals support a change in the terms used in these regulations. principle when considering ways to focus from the S/TACWIS function- In new paragraph (a) of § 1355.51, we better accomplish statutory goals. based requirements to the CCWIS propose definitions for terms in Therefore, our proposal includes a quality-data based requirements. This §§ 1355.50 through 1355.59. waiver process for title IV–E agencies to change is expected to provide additional Approved Activity submit, for ACF’s review and approval, flexibility to states and tribes to their proposed new approaches to implement systems that meet their We propose to add a definition of designing IT systems. We included this needs. This is now possible due to the ‘‘approved activity’’ to new § 1355.51 process to accommodate new design changes in technology and service and to define it as a project task that approaches that are not anticipated by delivery models since 1993. We propose supports planning, designing, our design proposal. ACF may waive the to carry forward the same principles as developing, installing, operating, or design requirements for CCWIS used in S/TACWIS but propose to maintaining a CCWIS. The term applies automated functions if the title IV–E include a new data focus: to all CCWIS projects whether or not agency presents a business case for a • A CCWIS is expected to improve they are required to submit an more efficient, economical, and effective program management and Implementation APD. design approach. administration by collecting and sharing This phrase is used in § 1355.57— This proposal also provides flexibility data addressing all program services and Cost allocation for CCWIS projects. with a transition period of 24 months case management requirements by during which the title IV–E agency with meeting the requirements we propose in Automated Function a S/TACWIS or non-S/TACWIS project revised § 1355.52; We propose to add a definition of (as defined in these proposed • The design is expected to ‘‘automated function’’ to new § 1355.51 regulations) may decide whether to: appropriately apply modern computer and to define it to mean a computerized Transition the S/TACWIS or non-S/ technology; and process or collection of related TACWIS to a CCWIS, become a non- • The costs are expected to be processes to achieve a purpose or goal. CCWIS or build a new CCWIS. The state reasonable, appropriate, and beneficial This general definition may include a or tribe does not need to finish the when compared to alternative solutions. simple process, such as searching a list,

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or a collection of related processes, such non-S/TACWIS projects are exempt documentation necessary for vendors to as a case management module. from the CCWIS design requirements in develop realistic cost and technical This phrase is used in § 1355.52— § 1355.53(a). If a project does not meet proposals. Review and approval of the CCWIS project requirements, the definition of a S/TACWIS or non-S/ documents by the appropriate federal, § 1355.53—CCWIS design requirements, TACWIS project as of the effective date state, or tribal authority provides § 1355.54—CCWIS options, and of these regulations, and the agency assurances that the plans to develop a § 1355.57—Cost allocation for CCWIS elects to implement a system meeting non-S/TACWIS automated data projects. the requirements of this section it is processing system are well conceived classified as a new CCWIS project. and meet the standards of the approving Child Welfare Contributing Agency This phrase is used in § 1355.56— authority. This formal approval of We propose to add a definition of Requirements for S/TACWIS and non-S/ development procurement documents is ‘‘child welfare contributing agency’’ to TACWIS projects during and after the an early indicator of the title IV–E new § 1355.51 and to define this phrase transition period and § 1355.57—Cost agency’s commitment to build a system as a public or private entity that, by allocation for CCWIS projects. that qualifies the project as a non-S/ contract or agreement with the title IV– Non-S/TACWIS Project TACWIS project. E agency, provides child abuse and The third proposed criterion to neglect investigations, placement, or We propose to add a definition of classify an application as a non- child welfare case management (or any active ‘‘non-S/TACWIS project.’’ We SACWIS is an operational system that combination of these) to children and define this term because this is one type has correctly gathered and formatted families. of an active project in which existing data for the submission of required title This phrase is used in § 1355.52— automated functions are exempt from IV–E program reports. Having CCWIS project requirements. the CCWIS design requirements in § 1355.53(a). successfully submitted required reports, Data Exchange We propose to define a ‘‘non-S/ the agency has demonstrated that the We propose to add a definition of TACWIS project’’ as an active application is an active automated data ‘‘data exchange’’ and to define it to automated data processing system or processing system and the system may mean the automated, electronic project that, prior to the effective date of be classified as a non-SACWIS project. submission or receipt of information, or these regulations, ACF has not classified The two data collections are: AFCARS both, between two automated data as a S/TACWIS and for which: (1) ACF and, for states, NYTD. To be considered processing systems. approved a development procurement; an operational non-S/TACWIS project, This phrase is used in § 1355.52— or (2) the applicable state or tribal the title IV–E agency must have used the CCWIS project requirements and agency approved a development system to successfully provide the data § 1355.54—CCWIS options. We discuss procurement below the thresholds of 45 needed to be submitted for either report the details of the data exchanges in the CFR 95.611(a); or (3) the operational during the most recent reporting period preamble for § 1355.52(e). automated data processing system prior to the effective date of the final provided the data for at least one rule. ACF included this third criterion Data Exchange Standard AFCARS or NYTD file for submission to so that projects that are built in-house, We propose to add a definition of the federal system or systems designated such as without vendor assistance, may ‘‘data exchange standard’’ and to define by ACF to receive the report. By ‘active’ qualify as non-S/TACWIS projects. it to mean the common data definitions, automated data processing system or This phrase is used in § 1355.56— data formats, data values, and other project, we mean that the system is Requirements for S/TACWIS and non-S/ guidelines that the state’s or tribe’s being used as of the effective date of TACWIS projects during and after the automated data processing systems these regulations or that the state or transition period. follow when exchanging data. A data tribe is designing, developing or exchange standard provides all parties implementing the system as of the Notice of Intent with information that is consistently effective date of the regulations. We propose to add a definition of understood and defined. We propose The first proposed criterion requires ‘‘notice of intent’’ and to define it as a that the definition apply to the the approval of development record from the title IV–E agency, automated data exchange process rather procurement documents (such as signed by the governor, tribal leader, or than to specify how either party stores requests for proposals or requests for designated state or tribal official, and the data. quotations) by ACF for procurements This phrase is used in § 1355.52— that exceed the thresholds as provided to ACF declaring that the title CCWIS project requirements. established in 45 CFR 95.611. The IV–E agency plans to build a CCWIS second proposed criterion requires the project that is below the APD approval New CCWIS Project approval of development procurement thresholds of 45 CFR 95.611(a). The We propose to add a definition of documents by the state or tribal agency definition specifies that this notice is a ‘‘new CCWIS project’’ and to define it as with authority to approve the ‘‘record’’ rather than a ‘‘letter’’ to allow a project to build an automated data documents when they are below the the title IV–E agency to electronically processing system meeting all threshold of 45 CFR 95.611 requiring submit the notice of intent. The requirements of §§ 1355.52 and approval by ACF. signatory must be an official who is 1355.53(a). All automated functions These two proposed criteria are clear authorized to commit the agency to contained in such a system must be measures of a project that has building a CCWIS and is aware of and designed to meet the requirements of progressed beyond preliminary has approved this action. § 1355.53(a) unless exempted by planning stages of information system This definition is used in § 1355.52— § 1355.53(b)(2). This is different from S/ development. To reach this point the CCWIS project requirements where we TACWIS or non-S/TACWIS projects that agency has defined the project’s propose the requirement for the notice are used as the basis for meeting the purpose, goals, and scope. The agency of intent for CCWIS projects below the requirements of § 1355.52. Existing has also produced the clear, specific, APD approval thresholds defined at 45 automated functions of S/TACWIS or and detailed requirements and other CFR 95.611.

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S/TACWIS Project § 1355.52—CCWIS Project Requirements In revised § 1355.52(a)(2), we propose We propose to revise § 1355.52 to that the design must appropriately We propose to add a definition of an apply computer technology. Such active ‘‘S/TACWIS project.’’ We wish to include requirements for all CCWIS projects. We organized the proposed designs implement innovative, tested, define an active S/TACWIS project and proven approaches to support because this is one type of project in requirements as follows: • In revised § 1355.52(a), we propose efficient, economical, and effective which existing automated functions are systems. We provide further design exempt from the CCWIS design that CCWIS must support the efficient, economical, and effective requirements in revised § 1355.53(a). requirements in § 1355.53(a). In revised § 1355.52(a)(3), we propose administration of the title IV–B and IV– We propose to define a ‘‘S/TACWIS that the project must not require E plans. project’’ as an active automated data duplicative application system • In revised § 1355.52(b), we propose processing system or project that, prior development or software maintenance. the categories of data CCWIS must to the effective date of these regulations, Duplicative development and maintain. ACF classified as a S/TACWIS and for maintenance increases costs. During our • In revised § 1355.52(c), we propose which: (1) ACF approved a procurement system reviews, we have also observed CCWIS reporting requirements based on to develop a S/TACWIS; or (2) the that duplicative applications require applicable state or tribal agency the data requirements proposed in caseworkers to enter the same data § 1355.52(b). approved a development procurement • repeatedly which reduces worker for a S/TACWIS below the thresholds of In new § 1355.52(d), we propose efficiency. 45 CFR 95.611 (a). data quality requirements applicable to In revised § 1355.52(a)(4), we propose the data described in our proposals in The first proposed criterion requires that project costs must be reasonable, § 1355.52(b) as well as the systems and the approval of development appropriate, and beneficial. Our processes used to collect this data. procurement documents (such as processes for reviewing project activities • In new § 1355.52(e), we propose Requests for Proposals or Requests for and costs are described in the APD that CCWIS must support one bi- Quotations) by ACF. The second regulations at 45 CFR part 95, subpart F. directional data exchange to exchange proposed criterion requires the approval We also propose in new § 1355.52(j) to relevant data with specified program of development procurement documents apply a subset of these regulations to systems. by the state or tribal agency with projects under the thresholds defined in • In new § 1355.52(f), we propose authority to approve the documents. By 45 CFR 95.611. CCWIS must use a single data exchange ‘active’ automated data processing We propose in revised § 1355.52(b) to standard for certain bi-directional data system or project, we mean that the require that the CCWIS maintain all exchanges. system is being used as of the effective program data mandated by statute and • In new § 1355.52(g), we propose date of these regulations or the state or regulation, and the data that the title IV– that CCWIS must support the title IV– tribe is designing, developing or E agency determines is needed for the E eligibility determination process. implementing the system as of the more efficient, economical, and effective • In new § 1355.52(h), we propose effective date of the regulations. administration of the programs carried requirements for title IV–E agencies to out under a state or tribal plan approved These two proposed criteria are clear provide copies of CCWIS software and measures of a S/TACWIS project that under titles IV–B and IV–E of the Act. documents to ACF. Specifically, in § 1355.52(b) we propose has progressed beyond preliminary • In new § 1355.52(i), we propose that that the title IV–E agency’s CCWIS must planning stages. This formal approval of title IV–E agencies must submit certain maintain data that supports development procurement documents is project documentation to qualify for administration of the title IV–B and title an early indicator of the title IV–E CCWIS cost allocation. IV–E program, data needed for ongoing agency’s commitment to build a system • In new § 1355.52(j), we propose to federal child welfare reports, data to that qualifies the project as a S/TACWIS list APD requirements applicable to all support state or tribal child welfare project. under threshold CCWIS projects. laws, regulations, policies, practices, This phrase is used in § 1355.56— In revised § 1355.52(a), we propose to reporting requirements, audits, program Requirements for S/TACWIS and non-S/ continue the statutory requirement that evaluations, and reviews. For states, TACWIS projects during and after the the system support the efficient, CCWIS must maintain data to support transition period. economical, and effective specific measures taken to comply with Transition Period administration of the title IV–B and IV– 422(b)(9) of the Act related to the Indian E plans pursuant to section Child Welfare Act (ICWA) and the We propose to add a definition of 474(a)(3)(C)(iv) of the Act. ACF National Child Abuse and Neglect Data ‘‘transition period’’ and to define it as proposes in revised § 1355.52(a)(1) System (NCANDS) data. the 24 month period after the effective through (4) general requirements that an This is different from the S/TACWIS date of these regulations. efficient, economical, and effective regulation in that the proposed This phrase is used in § 1355.56— system must meet. requirements include an emphasis on Requirements for S/TACWIS and non-S/ In revised § 1355.52(a)(1), we propose maintaining data within the CCWIS, TACWIS projects during and after the that the system must improve program rather than the focus in S/TACWIS on transition period. management and administration by where the data is collected. Focusing on In new paragraph (b) of § 1355.51, we maintaining all program data required the maintenance of data rather than the propose to use terms defined at 45 CFR by federal, state or tribal law or policy. collection of data increases the 95.605 in §§ 1355.50 through 1355.59. Maintaining program data supports case flexibility available to title IV–E 45 CFR 95.605 lists definitions for workers, supervisors, and managers in agencies regarding the design of regulations under which the Department efficiently and effectively providing automated data processing systems used will approve FFP for the costs of service to clients and administering the to support their child welfare programs. automated data processing incurred program. We provide further proposed We propose that the CCWIS maintain under an approved State plan for titles program data requirements in paragraph the data received from other sources, IV–B, IV–D, IV–E, XIX or XXI of the Act. (b). applying the data quality standards

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defined in the new § 1355.52(d) to help example tribes are not required to under 42 U.S.C. 1320a–2a. We do not ensure that the data is timely, submit data to the NYTD or NCANDS. propose to require the CCWIS to consistent, accurate, and relevant. In new § 1355.52(b)(1)(ii), we propose maintain additional data that a review Therefore, the term ‘‘maintain’’ refers to to require that the CCWIS maintain data team may collect for review purposes data storage and data sharing with other required for title IV–E eligibility that is not gathered as part of the title appropriate child welfare automated determinations, authorizations of IV–E agency’s ongoing case management data processing systems. Specific data services and other expenditures that practice. For example, some of the data storage requirements are defined by the may be claimed for reimbursement the state uses to evaluate CFSR systemic authority requiring the data. For under titles IV–B and IV–E. factors such as surveys or focus group example, the data retention For the purposes of this proposed summaries is not case management data requirements for ongoing federal child requirement, data necessary for title IV– and we would not expect that data to be welfare reports are defined in the E eligibility determinations includes maintained in the CCWIS. applicable regulations and policies. documentation of title IV–E eligibility In new § 1355.52(b)(2), we propose to ‘‘Maintain’’ also refers to the consistent requirements such as the factors used to require that the CCWIS maintain the application of data quality processes demonstrate the child would qualify for data to support state or tribal laws, and procedures to the data no matter AFDC under the 1996 rules, placement regulations, policies, practices, where the data may have been initially licensing and background check reporting requirements, audits, program collected. information and court findings. Data evaluations, and reviews. We recognize Some comments to the 2010 FR required for authorizations of services that title IV–E agencies may identify a Notice requested that the proposed and other expenditures under titles IV– data need or functionality based on their regulations define all required data. In B and IV–E includes data on services specific circumstances, populations, general, other than the data specifically authorized, records that the services title IV–E plan and business practices required in legislation, regulation, were delivered, payments processed, that is not specifically prescribed by reviews, audits, and that needed by the and payment status, including whether federal law or policy. The title IV–E title IV–E/IV–B agency to support its the payment will be allocated to one or agency will define these requirements, administration of its programs, as more federal, state, or tribal programs specifying the basis for the data outlined below, we are not proposing to for reimbursement, and the amount of collection, as well as measures to help define a comprehensive set of CCWIS the payment. In addition, information assure that the automated data data elements. We determined that such needed to support federal financial processing system maintains quality specificity would require regulatory claims reports for titles IV–B and IV–E data. Examples of these types of data amendments to ensure consistency with are considered necessary, such as the include data specified in laws or future changes in law and policy and Form CB–496, as well as information to policies, quality assurance, caseworker was not consistent with our goal of support audits of the activities and narratives, scanned documents, promoting the flexibility to design an services that are the basis of such completed templates, and other program automated data processing system to claims. However, the automated evaluation information or court monitor meet the title IV–E agency’s business functions that use this information, such data. Title IV–E agencies may also needs. Therefore, revised § 1355.52(b) as those that support financial claims identify candidate data elements by defines categories of data that may processing and payments, are not identifying common data collected overlap so that specific data elements required to be a part of the CCWIS. For across child welfare contributing may be covered by multiple example, the CCWIS may have an agencies that is not shared with the requirements. automated exchange with an external CCWIS. In new § 1355.52(b)(1), we propose to financial system(s) that processes We propose this requirement to require that the CCWIS maintain all data payments and disburses funds as encourage title IV–E agencies to required to support the efficient, discussed in proposed new consider innovative ways CCWIS can effective, and economical § 1355.52(e)(1)(i). support their unique programs. We look administration of the programs under Proposed requirements regarding forward to working with and providing titles IV–B and IV–E of the Act. We automated functions to support the technical assistance to title IV–E outline requirements regarding the process of making title IV–E eligibility agencies related to this requirement. scope of this data in paragraphs (b)(1)(i) determinations are in proposed new In new § 1355.52(b)(3), we propose to through (iv) of § 1355.52. § 1355.52(g). require that the CCWIS maintain for In new § 1355.52(b)(1)(i), we propose In new § 1355.52(b)(1)(iii), we states, data to support specific measures to require that the CCWIS maintain all propose to require that the CCWIS taken to comply with the requirements data required for ongoing federal child maintain all data needed to support in section 422(b)(9) of the Act regarding welfare reports. This includes data for federal child welfare laws, regulations, the Indian Child Welfare Act. required federal data reporting such as and policies. The data defined in this Supporting ICWA with CCWIS makes AFCARS and NYTD (if applicable), the paragraph is expected to reflect title IV– administration of the state plan for Title IV–E Programs Quarterly Financial B and IV–E federal policy and compliance with ICWA more efficient, Report (Form CB–496) and any other programmatic requirements and may economical, and effective. As required ongoing federal reporting that may be change over time. by the Program Instruction ACYF–CB– required by statute or regulation. Where In new § 1355.52(b)(1)(iv), we propose PI–13–04, which was issued by ACYF applicable, this includes case to require that the CCWIS maintain all on April 10, 2013, the state’s APSR must management data maintained in the case management data to support cite available data used to assess the CCWIS that the title IV–E agency uses federal audits, reviews and other level of compliance and progress made to create narrative based reports such as monitoring activities that are not to improve the agency’s compliance the Child and Family Service Plan specifically covered by paragraph (iii). with ICWA. Minimally, we expect states (CFSP) and Annual Progress and Examples include the data necessary for to maintain data in their CCWIS on Services Report (APSR). title IV–E reviews authorized under notification of Indian parents and tribes We acknowledge that requirements § 1356.71 and the Child and Family of state proceedings involving Indian may vary among title IV–E agencies, for Services Reviews (CFSRs) authorized children. The CCWIS may maintain data

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necessary to inform the APSR in the contributing systems or received • Management and statistical reports following areas: through exchanges with other agencies to monitor, track, and support agency, • Placement preferences of Indian such as the title IV–D system. The office, team, or individual needs; children in foster care, pre-adoptive, AFCARS report must be generated • Contract compliance, budgeting and and adoptive homes; entirely from the data maintained in the forecasting; • Active efforts to prevent the CCWIS and must be a full historical • Court settlement agreement breakup of the Indian family when account of the child’s foster care monitoring; parties seek to place a child in foster experience within the state/tribal • Outcomes data to support care or for adoption; and service area. continuous quality improvement efforts; • The right of Indian parents and • NYTD, for state title IV–E agencies and tribes to intervene in state proceeding or only. Consistent with section 479B(f) of • Reports to state legislatures or tribal to transfer proceedings to the the Act tribal title IV–E agencies are leadership regarding aggregated case jurisdiction of the tribe. exempt from NYTD requirements at 45 data. In new § 1355.52(b)(4), we propose to CFR 1356.80 through 1356.86. The In new § 1355.52(d), we propose data require that the CCWIS maintain, for CCWIS must maintain the case quality requirements that apply to the each state, data for NCANDS data. management data on youth in foster care CCWIS. We distinguish between current NCANDS is a voluntary data collection and services provided to them, even if and proposed data quality requirements effort created in response to the some data are collected and updated in in our discussion of the subparagraphs. requirements of the Child Abuse child welfare contributing systems. A CCWIS must consistently provide Prevention and Treatment Act (CAPTA) Consistent with current policy in high quality data to meet the statutory (Pub. L. 93–247) as amended. However, Program Instruction ACYF–CB–PI–10– requirement to support the efficient, CB policy requires states that implement 04, which was issued on April 2, 2010, economical, and effective a SACWIS to submit NCANDS data. states have the option to collect survey administration of child welfare This proposed requirement is consistent data on outcomes in an external system. programs, as required in section with this policy. The report may be generated entirely 474(a)(3)(C)(iv) of the Act. During our In revised § 1355.52(c), we propose to from the CCWIS. Alternately, data from reviews of SACWIS systems, we incorporate the requirements in existing the CCWIS may be combined with the determined that most title IV–E agencies § 1355.53(a) and (b) and S/TACWIS outcomes data to construct the NYTD understand the importance of high policy described in the ACYF Action report. quality data and implement a variety of Transmittal ACF–OISM–001, which was • CFSP/APSR requirements found at strategies to improve data quality. issued on February 24, 1995, regarding 45 CFR 1357.15 and 1357.16. These However, these reviews also indicate generation and submission of reports. submissions follow guidance provided that it remains challenging for title IV– The reports must be based on data by CB and are largely narrative in E agencies to consistently ensure maintained in the CCWIS per the format. The CCWIS will provide SACWIS produces high quality data. proposed requirements in revised statistics as needed to support the title Therefore, we propose to supplement § 1355.52(b). We simplified the IV–E agency’s program analysis. current data quality requirements with regulations by placing all reporting • Title IV–E programs quarterly new requirements based on best requirements in revised § 1355.52(c) and financial report on Form CB–496 as practices to improve data quality. organizing them into two general required by Program Instruction ACYF– Although title IV–E agencies already categories. We will provide technical CB–PI–10–14, which was issued on implement many of these best practices, assistance to title IV–E agencies as November 23, 2010. The CCWIS will our proposed requirements will needed so that the CCWIS can use the provide a subset of the financial and mandate their consistent use by all title data described in revised § 1355.52(b) to demographic data required to complete IV–E agencies implementing a CCWIS. generate and submit the reports this form to support claims for title IV– In new § 1355.52(d)(1), we outline the described in this paragraph. E funding. proposed data quality and In new § 1355.52 (c)(1), we propose to • CFSR reporting found at 45 CFR confidentiality requirements for data revise and incorporate the current 1355.34 and 1355.35. CFSR reporting that must be maintained in the CCWIS, requirements in § 1355.53(a) and (b). We may include data collected during per § 1355.52(b). propose to require that the system review activities, which is not required In new § 1355.52(d)(1)(i), we propose generate, or contribute to, title IV–B and to be maintained in the CCWIS. that the data described in revised IV–E federal reports according to However, we expect the CCWIS to § 1355.52(b) that is maintained in the applicable formatting and submission maintain data as proposed in revised CCWIS meet the applicable federal, and requirements and based on data § 1355.52(b) to support the CFSR review state or tribal standards for maintained in the CCWIS per the process. completeness, timeliness and accuracy. proposed requirements in revised In new § 1355.52(c)(2), we propose to Currently, S/TACWIS regulations at § 1355.52 (b). In order to avoid having incorporate the current requirement at § 1355.53(g) requires the system to to modify these rules as reporting § 1355.53(a) and S/TACWIS policy that perform quality assurance reviews of requirements change over time, this the system generate or contribute to case files to ensure accuracy, requirement is inclusive of all current reports that support programs and completeness and compliance, and S/ and any future federal reports required services described in title IV–B and title TACWIS policy in Action Transmittal by titles IV–B or IV–E of the Act. IV–E of the Act and are needed to ACF–OISM–001, Part IV requires Examples of federal reports covered support state or tribal child welfare automated quality assurance measures, by this requirement include, but are not laws, regulations, policies, practices, processes, and functions to ensure the limited to: reporting requirements, audits, and completeness, accuracy, and • AFCARS reporting requirements reviews. These reports will be specific consistency of critical data. found at § 1355.40. The CCWIS must to the needs of the title IV–E agency or Complete, timely, and accurate data maintain all data used to report the state or tribal executive offices. supports the entire child welfare information to AFCARS, even if data is Examples include, but are not limited program. The data supports all aspects collected and updated in child welfare to: of direct service to clients, including:

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Managing child abuse and neglect between agencies may be correct the accuracy of system-generated investigations, conducting assessments, misinterpreted, adversely affecting data. case management, service provision, client monitoring, services, and We acknowledge there are cases placements, and licensing. Title IV–E outcomes. where system calculated data is agencies need reliable data to support This proposed requirement means appropriate. For example, it is administrative functions such as that the title IV–E agency will be able to acceptable to generate time stamps monitoring staff, quality control, ensure there is a shared understanding denoting the time of record entry in the budgeting, and forecasting. High quality of all data electronically exchanged CCWIS. System created data also is data is critical for the safety and well- between CCWIS and child welfare acceptable in instances where CCWIS being of the children in care and also contributing agency systems. can accurately derive or calculate the supports research, program analysis, In new § 1355.52(d)(1)(iii), we data, such as calculating current age by and policy formulation. propose that the title IV–E agency must using the verified birth date and current This proposed requirement means exchange and maintain CCWIS data in date. that all data maintained in the CCWIS accordance with the confidentiality In new § 1355.52(d)(2), we propose to must be complete, timely, and accurate requirements of applicable federal and require that the title IV–E agency in order to support the efficient, state or tribal laws. This is not a new implement and maintain specific economical, and effective requirement as data maintained under a automated functions in CCWIS. We administration of the child welfare SACWIS are subject to federal, state, expect that these automated functions program. Statutes, regulations, or policy and tribal confidentiality requirements. will support the IV–E agency’s efforts to may establish specific data quality The federal confidentiality provisions ensure that the CCWIS data described in standards. For example, federal are those at section 471(a)(8) of the Act, revised § 1355.52(b) meets the data regulations specify the data quality regulations at 45 CFR 1355.30(p)(3) quality requirements of § 1355.52(d)(1). standards for AFCARS and NYTD data. applying 45 CFR 205.50, and CB policy We propose five automated functions in Likewise, title IV–E agencies have at sections 2.1A.1 and 8.4E of the Child CCWIS in the following subparagraphs. policies requiring the completion of Welfare Policy Manual. These statutes, One requirement, for the CCWIS to certain tasks within defined deadlines regulations, and policies require that monitor data quality, incorporates the such as caseworker visits, transition title IV–E agencies provide safeguards current S/TACWIS regulatory planning, administrative reviews, regarding the use and/or disclosure of requirement at § 1355.53(g). Of the four permanency hearings, and the collection data about children receiving title IV–E new automated function requirements, of related data. CCWIS data follows the or IV–B assistance. They do not forbid three are consistent with current S/ specific standards identified by both agencies from sharing data with TACWIS policy in Action Transmittal federal requirements and state or tribal appropriate agencies, and set forth the ACF–OISM–001. laws and policies. If two or more parameters for when the data may (or We are proposing these requirements standards apply to the same data, the must) be disclosed. Confidentiality because information technology is title IV–E agency follows the more requirements that apply to child abuse consistently and successfully used to rigorous standard. For example, if one and neglect information is described in support data quality. It is efficient to use standard required updating the CCWIS 42 U.S.C 5106a(b)(2)(B)(viii) through (x) automation to support data quality in seven days and a second standard set of CAPTA. These confidentiality processes since computers perform a two-day limit, the two-day limit provisions also apply to agencies that routine tasks quicker and more applies. are the recipients of the confidential consistently than people. Computers In new § 1355.52(d)(1)(ii), we propose information, such as child welfare can also review all data and flag to require that data be consistently and contributing agencies. potential data quality problems that uniformly collected by CCWIS and, if In new § 1355.52 (d)(1)(iv), we require further investigation. This applicable, child welfare contributing propose to require that the CCWIS data increases worker effectiveness by agency systems. By ‘‘if applicable,’’ we described in revised § 1355.52(b) must enabling workers to focus on solving mean if the title IV–E agency permits support child welfare policies, goals, data quality problems rather than sifting child welfare contributing agencies to and practices. This means that data through data to identify errors. use other systems to collect CCWIS data, collected by or maintained in CCWIS is In new § 1355.52(d)(2)(i), we propose that data must meet the standards necessary to support the efficient, to incorporate the requirement that the established for CCWIS data. economical, and effective system regularly monitor data quality S/TACWIS rules enforce consistent administration of the child welfare through automated functions. This and uniform data collection by requiring program. requirement is currently found in S/ a single state or tribal system for the In new § 1355.52(d)(1)(v), we propose TACWIS regulations at § 1355.53(g). collection of all child welfare data. Our to require that the CCWIS data This proposed requirement means proposed rule will provide greater data described in revised § 1355.52(b) must that CCWIS is expected to have collection flexibility to title IV–E not be created by default or automated functions at the point data is agencies by eliminating this inappropriately assigned. Through our received in the CCWIS and other regular requirement and permitting other S/TACWIS reviews, we have observed intervals to maintain data quality. For systems to collect and electronically systems that create data by example, in addition to edit checks to share data with CCWIS and other automatically completing data fields validate data entry, automated functions contributing systems. However, this with a common response. For example, in CCWIS should review data provided flexibility will require closer monitoring a system may classify all persons as U.S. by data exchanges, compare data from of data by title IV–E agencies to ensure citizens as a default, since the title IV– different sources for inconsistencies, that data collected by child welfare E agency presumes that most of the scan stored data for missing or out-of contributing agencies and systems has children and families that they serve are date information, and validate CCWIS the same meaning to all staff collecting, born in the United States. The practice data before it is exchanged with other entering, and using the data. If all users of automatically generating data can systems. do not share a common understanding create inaccurate data in the system In new § 1355.52(d)(2)(ii), we propose of data, client records transferred because workers may not verify or a new requirement that through an

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automated function, the CCWIS collected in the CCWIS or CCWIS data Annual data quality reviews ensure supports data quality by alerting staff to provided through an exchange should that the CCWIS maintains the high collect, update, correct, and enter not need to be re-entered in either the quality data necessary for the efficient, CCWIS data. By ‘‘staff,’’ we mean users CCWIS or a child welfare contributing economical, and effective of CCWIS or child welfare contributing agency’s system. This proposed administration of the title IV–B and IV– agency systems. This proposed requirement is consistent with S/ E programs. The reviews are also critical requirement is consistent with S/ TACWIS policy in Action Transmittal to ensure that title IV–E agencies TACWIS policy in Action Transmittal ACF–OISM–001 to support efficient monitor and improve data, uncover the ACF–OISM–001 to support workers in work processes. factors that negatively affect data completing data quality tasks. When the CCWIS exchanges data with quality, and implement corrective This proposed requirement means one of the systems identified in new measures as needed. ACF will provide that the CCWIS must provide automated § 1355.52(e)(2), we recognize it may not technical assistance related to these data alerts, reports, and other appropriate always be possible to meet this quality reviews. automated tools to support workers to requirement due to competing system In new § 1355.52(d)(3)(i), we propose effectively maintain data quality. In our requirements. However, to the extent a new requirement that the annual data experience with SACWIS reviews, practicable, the title IV–E agency should quality reviews determine if the title IV– agencies report measurable data quality work with the other agency to E agency and, if applicable, child improvements after implementing implement automated functions and welfare contributing agencies, meet the appropriate alerts. Staff collecting data exchange data in a way that prevents the new requirements of §§ 1355.52(b), play a key data quality role and agency need to re-enter data already maintained (d)(1), and (d)(2). CCWIS data from training is critical in supporting workers by the CCWIS. child welfare contributing agency in their role. The automated functions will likely systems are included in annual data In new § 1355.52(d)(2)(iii), we also promote data quality by preserving quality reviews because complete high propose a new requirement that IV–E accurate historical data and supporting quality data collected and exchanged by agency’s CCWIS includes automated the review and correction of data. This all partners is critical to supporting the functions to send electronic requests to requirement will eliminate communication and collaboration child welfare contributing agency inefficiencies in the system caused by necessary for coordinating services to systems to submit current and historical duplicate data entry. It may also result children and families, assisting with the data to the CCWIS. This proposed in reducing the presence of inconsistent title IV–E agency’s monitoring activities, requirement means that CCWIS data (for example, if two workers enter and producing accurate federal reports. automated functions must support bi- different dates for a child’s birth date). We expect that title IV–E agencies will, directional data exchanges with child In new § 1355.52(d)(2)(v), we propose as part of the reviews proposed, monitor welfare contributing agency systems, a new requirement that CCWIS generate child welfare contributing agency data will monitor the data exchanged, and reports of continuing or unresolved collection activities and systems to notify other systems when the CCWIS CCWIS data quality problems. For ensure CCWIS data meets the standards has not received data by the deadlines. example, the CCWIS may flag children established in contracts and agreements. Examples of such data include home in foster care who have not received In new § 1355.52(d)(3)(ii), we propose visit reports, investigation reports, visits in expected timeframes so a new requirement that the title IV–E assessments, and placement changes. supervisors can follow-up to determine agency’s annual data quality reviews The required exchange between the if a worker missed a visit or did not confirm that bi-directional data CCWIS and systems operated by child document the activity. exchanges: welfare contributing agencies is This proposed requirement is • Meet the bi-direction data exchange described in new § 1355.52(e)(1)(ii). consistent with the best practice of requirements described in § 1355.52(e); Our proposed rule provides greater creating regular or ad hoc reports to • Meet the data exchange standard flexibility in allowing the CCWIS to monitor data, which has been requirements described in § 1355.52(f); maintain required child welfare data implemented by most title IV–E and through an exchange with child welfare agencies. Title IV–E agencies indicate • Other ACF regulations and policies. contributing agency systems. While that these reports are an effective tool Having a process to periodically ensuring data quality in a single system for improving data quality. State title review established bi-directional data requires constant and diligent effort, it IV–E agencies use such reports to exchanges is essential to help exchange is even more challenging when continuously monitor data quality and partners identify new opportunities for independent systems are exchanging to assist in identifying weaknesses in collaboration as well as uncover data. Therefore, we are proposing this data quality processes. In many cases, unexpected problems with the existing requirement that CCWIS provide agencies have corrected the weaknesses bi-directional data exchanges. automated support for ensuring that the with new automated edit checks, staff In new § 1355.52(d)(4), we propose a CCWIS is provided timely data from training, or data collection processes. new requirement that the title IV–E child welfare contributing agencies. In new § 1355.52(d)(3), we propose agency must enhance CCWIS or the In new § 1355.52(d)(2)(iv), we propose new requirements for annual title IV–E electronic bi-directional data exchanges a new requirement that a title IV–E agency data quality reviews and what of both to correct findings from the agency implement and maintain the reviews should entail. Data quality annual reviews described at § 1355.52 automated functions in the CCWIS that is critical to ensuring that agency staff (d)(3). This proposed requirement prevent, to the extent practical, the need have confidence in the data they rely on means that the title IV–E agency must to re-enter data already captured or to make decisions or take action. correct identified factors contributing to exchanged with the CCWIS. This Ensuring that data is not erroneous, the findings from the annual reviews. includes data that is either entered missing, or misinterpreted is an For example, if the annual review directly into the CCWIS or maintained important resource for effective case determined that CCWIS did not capture in the CCWIS through an exchange with management activities and services that data to accommodate changing program a child welfare contributing agency’s support children, families, and the child requirements, the CCWIS must be system. It is our expectation that data welfare program. enhanced to correct this finding.

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This proposed requirement to address policies, and practices change, ACF will proposed requirement means that the review findings with corrective action provide further guidance as needed. data quality report must include establishes an annual, repeatable cycle In new § 1355.52(d)(5)(i), we propose measures of the plan’s impact on data of continuous quality improvement. a new requirement that the data quality quality. Each successive review measures the plan describe the comprehensive In new § 1355.52(e), we propose impact of past corrective actions. This strategy to promote quality data requirements for eleven bi-directional enables title IV–E agencies to determine including the steps to meet the the effectiveness of those actions and requirements at § 1355.52(d)(1) through data exchanges (formerly called make adjustments leading to further (3). interfaces) to exchange relevant data. improvements. In new § 1355.52(d)(5)(ii), we propose We propose to replace the technical In new § 1355.52(d)(5), we propose a a new requirement that the data quality term ‘‘interface’’ used in the current S/ new requirement that the title IV–E plan must report the status of TACWIS regulations at § 1355.53(b)(1) agency must develop, implement, and compliance with § 1355.52(d)(1). and (d) with the phrase ‘‘data exchange’’ maintain a CCWIS data quality plan in Section 1355.52(d)(1) outlines the data in these proposed regulations to more a manner prescribed by ACF and quality and confidentiality fully convey the purpose of sharing include it as part of the Annual or requirements. Title IV–E agencies information. Otherwise, the terms are Operational APD as required in 45 CFR demonstrated during our reviews that similar in meaning. By ‘‘relevant data,’’ 95.610. Required components of the regularly measuring and reporting data we mean data collected in an CCWIS data quality plan are identified quality can help them identify data information system that may, in in § 1355.52(d)(5)(i) and (ii). quality issues that need to be addressed. compliance with applicable This proposed requirement means For example, if certain data are low confidentiality requirements, be shared that title IV–E agency must prepare and quality, the title IV–E agency may need with a program that considers the data implement a formal plan that ensures to revise the data quality plan in useful for meeting goals or objectives. CCWIS data quality. A comprehensive, specific areas to improve those data. We provide examples of relevant data in formal approach embodied in a plan Comparing the data quality measures in the discussion of several of the bi- will ensure data quality in systems past and present data quality reports on directional data exchange requirements. maintaining wide-ranging data critical a regular basis serves as an objective to delivering and managing child indicator of progress toward improving Six bi-directional data exchanges are welfare services. Because the plan will data quality. These measures can help unchanged from S/TACWIS regulatory need to be amended occasionally in both ACF and the title IV–E agency requirements at § 1355.53(b)(2) and five order to address new issues as federal, assess the overall effectiveness of the are new bi-directional data exchanges, state, and tribal laws, regulations, agency’s data quality strategy. This as shown in the following table.

Unchanged from CCWIS exchange with . . . S/TACWIS or new?

Title IV–E/IV–B financial system § 1355.52(1)(i) ...... Unchanged. Child welfare contributing agencies § 1355.52(1)(ii) ...... New. Title IV–E eligibility § 1355.52(1)(iii) ...... Unchanged. Other systems IV–E agency uses to collect CCWIS data § 1355.52(1)(iv) ...... New. Child abuse and neglect system § 1355.52(2)(i) ...... Unchanged. TANF (title IV–A) § 1355.52(2)(ii) ...... Unchanged. Medicaid eligibility (title XIX) § 1355.52(2)(iii)(A) ...... Unchanged. Medicaid claims processing (title XIX) § 1355.52(2)(iii)(B) ...... New. Child support (title IV–D) § 1355.52(2)(iv) ...... Unchanged. Courts § 1355.52(2)(v) ...... New. Education § 1355.52(2)(vi) ...... New.

The proposed bi-directional data and IV–E programs, we propose to supporting eligibility determinations for exchanges are essential to: incorporate the regulatory requirement the title XIX and title IV–A programs • Support the efficient, economical, that permits a maximum of one bi- may meet the requirements of the title and effective administration of the titles directional data exchange for each of the XIX and title IV–A data exchanges. IV–B and IV–E programs; data exchange requirements. For We also propose to incorporate the • Improve outcomes for children and example, a title IV–E agency could not regulatory requirement at families by promoting collaboration and build a dozen different bi-directional § 1355.53(b)(1) and policy in Action service coordination with other data exchanges to education systems Transmittal ACF–OSS–05 specifying bi- programs; used by school districts across the state directional data exchanges. This • Gather comprehensive data on or tribe. The agency could build a single requirement means that the CCWIS client histories, needs, and services; education bi-directional data exchange must be capable of sending data to, and • Eliminate duplicate work and capable of exchanging data with systems receiving data from the other system or service delivery across programs; and in multiple school districts. It is also systems participating in a bi-directional • Reduce data collection costs. acceptable to build one bi-directional data exchange. Consistent with regulations at data exchange that can meet the Finally, title IV–E agencies often § 1355.53(a) requiring that a S/TACWIS requirements of more than one of the incorrectly assume they must modify promote the effective, economical, and required data exchanges. For example, a their S/TACWIS to store data in the efficient management of the titles IV–B single exchange with a system format of the data received via an

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exchange. That is not a S/TACWIS welfare contributing agencies to provide and (7) and S/TACWIS policy in Action requirement. We propose to maintain a range of child welfare services, Transmittal ACF–OSS–005 issued that flexibility by requiring in proposed ranging from traditional supportive August 21, 1998. Current § 1355.53(b)(5) new § 1355.52(f) a single format for the services and placements to case and (7) require S/TACWIS to support exchange of information but continuing management. If a title IV–E agency title IV–E eligibility determinations. to allow data to be stored in the CCWIS contracts or has an agreement with a Action Transmittal ACF–OSS–005 database format. child welfare contributing agency to permits title IV–E agencies to use other In new § 1355.52(e)(1), we propose perform case management activities, we systems to support title IV–E eligibility that CCWIS must support one-bi- expect this exchange between the determinations provided the directional data exchange to exchange CCWIS and the contributing agency’s information is available to child welfare relevant data with each of the systems system will avoid the need for duplicate staff through the S/TACWIS. in new § 1355.52(e)(i) through (iv), if data entry, which is monitored in the We propose this requirement to data is generated by a system outside of agencies data quality plan and reviews. promote efficiency and ensure CCWIS CCWIS. If a child welfare contributing agency maintains complete, timely, and In new § 1355.52 (e)(1)(i), we propose places children with multiple smaller accurate data on all title IV–E eligibility a new requirement that CCWIS providers, such as group homes, foster determinations if the information is not exchange data with systems generating homes, or other institutions, the data part of the CCWIS. Title IV–E agencies financial payments and claims data for exchange with the child welfare report that consolidating eligibility titles IV–B and IV–E, per contributing agency that performs the information and case management data § 1355.52(b)(1)(ii), if applicable. By ‘‘if case management activity and keeps in the same system improves program applicable’’ we mean that the CCWIS records on the placements of its operations. However, data errors may be must have a bi-directional data multiple providers will provide the introduced if data generated by one exchange if a system or module other required information. It is not necessary system is manually re-entered in than CCWIS generates financial for CCWIS to exchange data with CCWIS. It is also inefficient to reenter payments and claims. If CCWIS individual providers where the child is data manually. This requirement to generates the financial payments and placed by the child welfare contributing exchange data eliminates the errors and claims, a bi-directional data exchange is agency. inefficiencies of manual reentry. not needed to provide the data to The required bi-directional data In new § 1355.52(e)(1)(iv), we propose CCWIS. exchange ensures the CCWIS maintains to require a bi-directional data exchange We propose this requirement because comprehensive case records while between CCWIS and each system child welfare agencies generate large providing child welfare contributing external to CCWIS used by title IV–E numbers of financial payments and the agencies with the data needed to agency staff to collect CCWIS data, if resulting data is needed for audit and support services to children and applicable. By ‘‘if applicable’’ we mean claiming purposes. Entering this data families in the child welfare program. that the CCWIS must have a bi- into multiple information systems can The bi-directional data exchange directional data exchange if an external introduce errors. Electronic bi- should provide child welfare system used by title IV–E agency staff directional data exchanges eliminate contributing agencies information with collects the data. If, for example, one these data re-entry errors, ensure that all all available CCWIS data needed to external system conducts child systems are using the same data, and administer the cases of children and assessments and a second external increase worker efficiency. families to whom they provide services. system collects NYTD survey data, This requirement incorporates current In new § 1355.52(e)(1)(iii), we propose CCWIS must have two bi-directional regulations at § 1355.53(b)(7) and S/ a new requirement that the CCWIS must data exchanges. The bi-directional data TACWIS policy in Action Transmittal have a bi-directional exchange with exchange supports efficient, ACF–OISM–001. Current § 1355.53(b)(7) each system used to calculate one or economical, and effective work by requires S/TACWIS to support financial more components of title IV–E automatically transferring CCWIS data management functions such as payment eligibility determinations per between systems. This requirement is authorization and issuance, review and § 1355.52(b)(1)(ii), if applicable. By ‘‘if more flexible than the current S/ management. Action Transmittal ACF– applicable’’ we mean that the CCWIS TACWIS policy that does not permit OISM–001 requires that these financial must have a bi-directional data external systems for the collection of management functions either be exchange if a system or module other CCWIS data. implemented in S/TACWIS or in a than CCWIS generates the data. If In new § 1355.52(e)(2), we propose separate system that exchanges data CCWIS generates the required data, a bi- that, to the extent practicable, the IV–E with S/TACWIS. directional data exchange is not needed agency must support one bi-directional In new § 1355.52(e)(1)(ii), we propose to provide the data to CCWIS. data exchange to exchange relevant data a new requirement that the CCWIS must Title IV–E agencies may use other with specified state or tribal systems. have a bi-directional data exchange with systems to support different steps in the These are exchanges with titles IV–D, systems operated by child welfare title IV–E eligibility process. For IV–A, XIX (two exchanges), courts, contributing agencies that are collecting example, court findings related to title education, and the child abuse and or using data described in § 1355.52(b), IV–E eligibility may reside in the private neglect systems. The one bi-directional if applicable. By ‘‘if applicable’’ we provider’s system; a licensing system data exchange requirement means that if mean that the CCWIS must have a bi- may track foster home licenses; and a there are multiple systems supporting directional data exchange if a system or financial system may calculate one program, the title IV–E agency module other than CCWIS is used to compliance with the AFDC factors. In should design one data exchange that collect or generate the data. If CCWIS these examples, a bi-directional data accommodates the multiple systems. If generates the required data for the entire exchange with each system is required this cannot be done, the title IV–E may population, a bi-directional data to ensure CCWIS maintains all data present a business case in an APD exchange is not needed to provide the related to title IV–E determinations. describing the circumstances that make data to CCWIS. An increasing number of This requirement is consistent with the data exchange impracticable, in title IV–E agencies contract with child current regulations at § 1355.53(b)(5) accordance with section 474(a)(3)(C)(ii)

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and (iii) of the Act. ‘‘To the extent This proposed requirement continues to the extent practicable. Consistent practicable’’ means that the title IV–E the statutory provision requiring a bi- with guidance in Action Transmittal agency does not have to support a bi- directional data exchange with systems ACF–OSS–05, the bi-directional data directional data exchange requirement if supporting the title IV–A (TANF) exchange: the other system is not capable of an program. Consistent with guidance in • Provides for the exchange of exchange or if the bi-directional data Action Transmittal ACF–OSS–05, this information needed by the Medicaid exchange is not feasible due to cost means the bi-directional data exchange: eligibility system to calculate and track constraints. This is consistent with the • Supports the automatic exchange of Medicaid eligibility for children in S/TACWIS requirement applicable to bi- common or relevant data between the foster care; directional data exchanges at two systems; • Allows for the automatic exchange • § 1355.53(b)(2) that must be Accepts and processes new or of common or relevant data between the implemented ‘‘if practicable.’’ To updated case data; and • two systems; and encourage the other programs to Identifies potential duplicate • Captures the data necessary to participate in bi-directional data payments under the title IV–E and title report AFCARS foster care data exchanges with the title IV–E agency, IV–A programs, if applicable. indicating whether the child is eligible ‘‘Relevant data,’’ as listed in Action we intend to provide technical for, or receiving assistance under title Transmittal ACF–OSS–05 for the assistance on each of the proposed data XIX. exchanges. This technical assistance purposes of this requirement, includes data that may benefit data exchange ‘‘Relevant data’’ for the purposes of will include information on the specific this requirement includes data that may benefits the data exchange provides to partners in serving clients and improving outcomes. Some examples of facilitate the timely provision of both the title IV–E agency and the other Medicaid insurance to children under programs. data title IV–E agencies report is beneficial include: Case management the care and custody of the title IV–E We note that CCWIS funding is agency. Some examples may include: available for enhancements to CCWIS to information such as child and family histories, assessments, contact notes, Categorical title IV–E indicators, income support the data exchange. This funding and resources for the child and family, is not available for enhancing the other calendars, services recommended and delivered, eligibility for programs and insurance coverage (other than system exchanging data. Medicaid) that may apply to the child, In new § 1355.52(e)(2)(i), we propose services, and client outcomes. We and eligibility ID numbers and effective that the IV–E agency must support one encourage data exchange partners to dates. We encourage data exchange bi-directional data exchange with the learn about each other’s programs and partners to learn about each other’s child abuse and neglect system(s), to the systems to identify relevant data that extent practicable. This incorporates the may be shared while complying with programs and systems to identify current requirement at the applicable confidentiality relevant data that may be shared while § 1355.53(b)(1)(ii) requiring a bi- requirements as described in new complying with the applicable directional data exchange with the § 1355.52(d)(2)(iii). confidentiality requirements as system(s) collecting data related to child The Personal Responsibility and Work described in new § 1355.52(d)(2)(iii). abuse and neglect. Consistent with Opportunity Reconciliation Act of 1996 In new § 1355.52(e)(2)(iii)(B), we guidance in Action Transmittal ACF– (Pub. L. 104–193) allows states and propose a new requirement that the title OSS–05, this means that the bi- tribes to implement separate title IV–A IV–E agency must support one bi- directional data exchange supports the programs within the jurisdiction and to directional data exchange with the automatic exchange of common or administer the programs using a number Medicaid mechanized claims processing relevant data between the CCWIS and of different information systems. In such and information retrieval systems as the child abuse and neglect system(s). circumstances, the CCWIS must have defined at 42 CFR 433.111(b), to the Relevant data related to child abuse one bi-directional data exchange flexible extent practicable. and neglect for the purposes of this enough to be used by the state or tribe’s We are adding this requirement requirement as listed in Action title IV–A programs with which the title because recent studies indicate that the Transmittal ACF–OSS–05 includes IV–E agency exchanges data. movement of foster children between screening, investigation, and assessment In new § 1355.52(e)(2)(iii), we propose placements and medical providers may data collected during child abuse and that the title IV–E agency must support make the provision of consistent, neglect incidents as well as child one bi-directional data exchange with coordinated, and cost effective care welfare case management information systems operated under title XIX of the difficult. Providers may be unable to related to prior or current child abuse Act, to the extent practicable. First, we access critical information, including and neglect cases. propose to incorporate the requirement information on chronic conditions, Most state title IV–E agencies, at § 1355.53(b)(2)(iii) and implemented needed immunizations, and current recognizing the close connection in Action Transmittal ACF–OSS–05 medications. As a result, previously between child protection and child requiring a bi-directional data exchange diagnosed conditions may go untreated, welfare services, opted to integrate child with the Medicaid eligibility system. immunizations may be missed or abuse and neglect functions into their Second, we propose to add a unnecessarily repeated, and drug SACWIS. Because of the success of this requirement for a bi-directional data regimens, such as psychotropic approach over the 20 year S/TACWIS exchange with claims processing and medications, stopped or inappropriately history, ACF strongly encourages title information retrieval systems under title modified. A bi-directional data IV–E agencies to build their CCWIS to XIX. We discuss both requirements exchange can provide information to integrate these two systems in order to below. promote quality health care for these exchange essential data. In new § 1355.52(e)(2)(iii)(A), we children and reduce costs to both In new § 1355.52(e)(2)(ii), we propose propose to incorporate the requirement programs. that the title IV–E agency must support at existing § 1355.53(b)(2)(iii) that the This proposed new requirement one bi-directional data exchange with title IV–E agency must support one bi- means that the CCWIS maintains the system(s) operated under title IV–A directional data exchange with systems complete and current medical records of the Act, to the extent practicable. used to determine Medicaid eligibility, on children in foster care.

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‘‘Relevant data’’ for the purposes of resources for children under the care within 12 months of the date the child this requirement includes data on and custody of the title IV–E agency. entered foster care and to assess services paid by the state, tribe, or other Examples may include family resources progress toward that goal every 12 federal programs, including Medicaid or such as contact information for the non- months after that the child remains in the Children’s Health Insurance custodial parent and relatives that may care (section 475(5)(C) of the Act); Program that is available in the be able to participate in family team • Determine whether a voluntary Medicaid mechanized claims processing meetings or as placement resources. The placement of a child with a child and information retrieval system, and exchange may also facilitate welfare agency continues to be in the that facilitates coordinated delivery of establishment of a child support order, best interest of the child within 180 health care to children under the care as appropriate, or the assignment of days of placement (section 472(e) of the and custody of the title IV–E agency. As child support funds to the title IV–E Act); and determine whether noted above, examples of relevant data agency on behalf of the child. termination of parental rights is in the may include medical appointment For tribal title IV–E agencies, Part 1, child’s best interest (section 475(5)(C) histories, immunizations, and Section A, Line 3 of the title IV–E and (E) of the Act). prescription records. federal reporting form CB–496, instructs In many jurisdictions, courts If the Medicaid eligibility and claims tribes to leave the ‘‘Federal Share of currently obtain the case information for processing and information retrieval Child Support Collections’’ blank. This judicial determinations and reviews systems are integrated, we propose that is because as of December 2014 there is from written petitions and filings these requirements may be met with one no federal mechanism for tribes to submitted by the title IV–E agency. bi-directional data exchange to the report child support collections on Caseworkers document the outcome of single system. However, because these behalf of title IV–E eligible children in judicial events and rulings and the are substantially different bi-directional placements. If a reporting mechanism issuance of court orders in children’s data exchanges, title IV–E agencies may becomes available in the future, this case records. Much of this information build one bi-directional data exchange proposed regulation should be read is entered into child welfare information to meet the requirements of new consistent with updated regulation and systems. A bi-directional data exchange § 1355.52(e)(2)(iii)(A) and a second bi- policy. between the CCWIS and courts can directional data exchange to meet the In new § 1355.52(e)(2)(v), we propose increase worker efficiency, enrich case requirements of new a new requirement that the title IV–E information, improve case tracking, and § 1355.52(e)(2)(iii)(B) even if one agency must support one bi-directional promote safe and timely permanency Medicaid system performs all these data exchange with the systems decisions. functions. operated by the court(s) of competent This proposed requirement will Finally, we note that a number of jurisdiction over the title IV–E foster support improved outcomes for children care, adoption, and, guardianship by: states have already implemented such • exchanges to the benefit of the children programs, to the extent practicable. Providing courts with relevant data in care. We propose this requirement because for child welfare hearings and decisions; of the necessary partnership child and In new § 1355.52(e)(2)(iv), we propose • to incorporate the requirement at welfare programs and the courts have in Providing the title IV–E agency with § 1355.53(b)(2)(iv) that the title IV–E protecting the well-being of children relevant data on hearing schedules, agency must support one bi-directional and meeting statutory requirements logistics, court findings, actions, and data exchange with system(s) operated under title IV–E. State or tribal courts decisions. under the title IV–D of the Act (child with jurisdiction over the title IV–E ‘‘Relevant data’’ for the purposes of support), to the extent practicable. foster care and adoption programs this requirement includes data that may Consistent with guidance in Action review the information provided by title help improve case tracking and promote Transmittal ACF–OSS–05, the bi- IV–E agencies and approve or make safe and timely permanency decisions. directional data exchange: other related legal determinations, Examples may include petition dates, • Provides for the exchange of data including custody and placement hearing dates and outcomes, necessary to establish a child support activity. The courts are responsible for documentation of timely completion of case; resolving a wide variety of issues with required actions by courts and the title • Accurately records child support relevance to child welfare. Title IV- E of IV–E agency, and documentation of collections on appropriate title IV–E the Act requires that courts provide on- upcoming court-related due dates. federal reports; going oversight of child welfare cases to: In new § 1355.52(e)(2)(vi), we propose • Identifies potential child support • Make a determination that it is a new requirement that the title IV–E resources for the title IV–E child; ‘‘contrary to the welfare’’ for the child agency must support one bi-directional • Allows for the automatic exchange to remain in the home, and that removal data exchange with the systems of common or relevant data between the by the child welfare agency is necessary operated by the state or tribal education two systems; to keep the child safe from abuse or agency, or school districts, or both, to • Accepts and processes updated or neglect (section 472(a)(2)(A)(ii) of the the extent practicable. The data new case data; Act); exchange must comply with applicable • Captures the data necessary to • Ensure that the child welfare confidentiality requirements in federal report AFCARS foster care data agency makes reasonable efforts to avoid and other laws, such as the Privacy Rule indicating whether child support funds unnecessary removals of children from under the Health Insurance Portability are being paid to the state agency on their homes and to reunify foster and Accountability Act, the Family behalf of the child; and children with their families (section Educational Rights and Privacy Act, and • Provides the title IV–D system with 472(a)(2)(A)(ii) of the Act); Parts B and C of the Individuals with information about the current foster care • Finalize the child’s permanency Disabilities Education Act. maintenance payment. goal, whether it is reunification, Title IV–E agencies must assure in the ‘‘Relevant data’’ for the purposes of guardianship, adoption, permanent title IV–E plan that each child receiving this requirement includes data that may placement with a relative, or another a title IV–E payment and who has facilitate timely identification of planned permanent living arrangement, attained the age for compulsory school

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attendance is a full-time student in an or individualized family service plans • Developed by the title IV–E agency; elementary or secondary school, in an under the IDEA, may now be shared • An existing standard selected by the authorized independent study program, with a child welfare agency, and that title IV–E agency, such as the National or is home schooled consistent with the can help title IV–E agencies improve Information Exchange Model (NIEM); law of the state or other jurisdiction in monitoring and develop appropriate • Designated by the federal which the school, program or home is plans for educational stability. Child government, such as DHHS or the Office located. Alternatively, the title IV–E welfare data can inform schools of legal of Management and Budget; or agency must assure that such a child has custody changes, the physical location • Designated by the state or tribe for completed secondary school or is of children, and assist with the use by all programs within the state or incapable of attending school full time development of appropriate education tribal service area. due to a medical condition as plans. A number of states, recognizing In new § 1355.52(f)(1), we propose to established in section 471(a)(30) of the these advantages, have passed require that a single data exchange Act. legislation or established polices standard be used for electronic bi- Child welfare agencies must also supporting bi-directional data directional data exchanges between include in a child’s case plan a strategy exchanges between child welfare and CCWIS and each child welfare for ensuring the educational stability of education systems. contributing agency. a child in foster care as established in An electronic bi-directional data Implementing a common data section 475(1)(G) of the Act. The plan exchange will promote timeliness of exchange standard between the title IV– must take into account the data transfers, reduce administrative E agency and all child welfare appropriateness of the current burden by eliminating the interim step contributing agencies ensures that all educational setting and the proximity to of translating and importing data into agencies know what data to share and the school the child was enrolled in at separate systems, ensure the meaning of the data they receive. It the time of placement, and the title IV– standardization of data elements, also eliminates redundant work and E agency must coordinate with the local streamline mandated administrative supports coordinated services. education agency or agencies to ensure reporting, and provide access to In new § 1355.52(f)(2), we propose to the child can remain in that school, or standardized information that can be require that the data exchange standard if remaining in that school is not in the used for cross-systems, multi-level must apply to internal data exchanges best interests of the child, an assurance analyses. between CCWIS automated functions to enroll the child immediately in a new We acknowledge that states and tribes where at least one of the automated school with all of his or her educational with de-centralized education systems functions meets the requirements of records. may be challenged to build a single, bi- § 1355.53(a), which are our proposed Consistent with the requirements directional data exchange, and we look new requirements for the design of under title IV–E, recent amendments forward to providing technical CCWIS automated functions. For made to the Family Education Rights assistance to state and tribal title IV–E example, if the CCWIS intake, case and Privacy Act (FERPA) by the agencies as they work to overcome these management, and eligibility modules Uninterrupted Scholars Act (Pub. L. barriers and build exchanges with exchange data with each other, the data 112–278) (U.S.A.), allow education education system(s). exchanges must conform to the data agencies and institutions to disclose the In new § 1355.52(f), we propose a new exchange standard specifications. education records of a child in foster requirement that title IV–E agencies use A standardized data exchange care, without parental consent, to a a single data exchange standard for between modules allows title IV–E caseworker or other representative of a CCWIS electronic bi-directional data agencies to more efficiently upgrade one state or local child welfare agency or exchanges described in § 1355.52(f)(1) module without changing other parts of tribal organization authorized to access through (3) upon implementing a the CCWIS sharing data with that a student’s case plan ‘‘when such CCWIS. module. The standard data exchange agency or organization is legally The data exchange standard must also helps document the module’s responsible, in accordance with state or describe the data, definitions, formats, operation and supports reuse. Modules tribal law, for the care and protection of and other specifications sending and using the same data exchange standard the student . . .’’ pursuant to 20 U.S.C. receiving systems implement when are more efficiently integrated into a 1232g(b)(1)(L). These changes are exchanging data. This shared single system, even if they are built by further described in May 27, 2014 vocabulary improves collaboration and different developers or vendors. guidance issued by the U.S. Department communication since partners know In new § 1355.52(f)(3), we propose to of Education (located at https:// precisely what data to share and the require that the data exchange standard www2.ed.gov/policy/gen/guid/fpco/ meaning of data they receive. A data must apply for data exchanges with ferpa/uninterrupted-scholars-act- exchange standard may reduce costs as systems described under new guidance.pdf) regarding how the U.S.A. the standard may be reused for multiple § 1355.52(e)(1)(iv). These are electronic amended the confidentiality exchanges and purposes. The standard systems external to CCWIS used by title requirements in FERPA and Parts B and applies only to the exchange and not to IV–E agency staff to collect CCWIS data. C of the Individuals with Disabilities how the information is stored or A standardized data exchange between Education Act (IDEA). collected in either the sending or CCWIS and these external systems will As a result, bi-directional data receiving system. enable the title IV–E agency to exchanges between the CCWIS and In response to our 2010 FR notice, we efficiently and economically exchange education systems can facilitate received comments requesting that ACF data thereby preventing duplicate data interagency coordination and assist state specify a data exchange standard. We do entry and promptly providing CCWIS title IV–E agencies and local educational not propose to mandate the specific data and external systems with CCWIS data. agencies in meeting the obligations exchange standard. Instead, we propose Although our data exchange standard mandated by title IV–E of the Act. For to allow title IV–E agencies the proposal applies to the three data example, educational data, such as flexibility to implement a standard that exchanges specified above, we invite attendance records, progress reports, best meets their needs. For example, the commenters to identify other entities, and individualized education programs data exchange standard may be: both within and across jurisdictions that

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may benefit from a data exchange determination process. For example, development costs for the federal standard. tribes are required by section government, states, and tribes. In new § 1355.52(g), we propose 479B(c)(C)(ii)(II) of the Act to use the In new § 1355.52(i), we propose to requirements for automated support for state AFDC plan that was in effect on require the title IV–E agency to submit title IV–E eligibility determinations. July 16, 1996 of the state in which the specific documentation for CCWIS In new § 1355.52(g)(1), we propose to child resides at the time of removal from projects. incorporate the requirement that a state the home to determine if the child meets In new § 1355.52(i)(1), we propose to title IV–E agency must use the same the AFDC eligibility requirement. This require that before claiming funding in automated function or the same group of means that tribal title IV–E agencies accordance with a CCWIS cost automated functions for all title IV–E may need to use the AFDC plan from allocation, a title IV–E agency must eligibility determinations. This proposal different states for different children, submit an APD or, if below the APD is consistent with the existing S/ depending on the child’s location at the submission thresholds defined at 45 TACWIS requirement at § 1355.53(b)(5) time of removal. Therefore, it may not CFR 95.611, a Notice of Intent. We and incorporates into regulation current be cost effective for tribal title IV–E propose to require that all projects must guidance in Action Transmittal ACF– agencies to build an automated function include the information described in OSS–05 that specifies that the to accommodate AFDC eligibility this paragraph in its APD, or, if automated support for the title IV–E requirements of all states from which applicable Notice of Intent. eligibility determination process is: tribal children may be removed. This proposed Notice of Intent will • Wholly provided by the CCWIS; However, if it is cost effective for a tribal provide ACF with advance notice that • Wholly provided by another system title IV–E agency to automate other an agency intends to implement a such as a larger system that determines steps in the title IV–E eligibility process, CCWIS project. This advance notice is eligibility for multiple programs; or those steps are expected to be necessary so that ACF can plan for the • Provided by different systems that automated. funding anticipated for these projects have different steps of the title IV–E Guidance in Action Transmittal ACF– and provide technical assistance as they eligibility determination process. For OSS–05 regarding automated support proceed. example, the automated support for for the title IV–E eligibility In new § 1355.52(i)(1)(i), we propose determining if a child meets the AFDC determination process also applies to to require the title IV–E agency to requirements may be located in the tribal title IV–E agencies. include in the APD or Notice of Intent system supporting the title IV–A In new § 1355.52(h), we propose to a project plan describing how the program while the remaining automated require that the title IV–E agency must CCWIS will meet the requirements in support is in the CCWIS. provide a copy of agency-owned § 1355.52(a) through (h) and, if software that is designed, developed, or applicable, CCWIS options as described States have the flexibility to choose installed with FFP and associated in § 1355.54. from these three options, however we documentation to the designated federal ACF will provide guidance to IV–E emphasize that the same automated repository upon ACF’s request. This agencies required to submit a Notice of function or group of automated new requirement is a reasonable way to Intent to describe the desired scope of functions must be used for all title IV– exercise our authority in 45 CFR a project plan in these documents. The E eligibility determinations. For 95.617(b) that provides the federal documents should describe the example, states may not use one government ‘‘a royalty-free, activities, timeline, resources, and automated function for determining the nonexclusive, and irrevocable license to budget to be used to plan, design, AFDC eligibility requirement for some reproduce, publish, or otherwise use develop, and implement a CCWIS. children and a different automated and to authorize others to use for In new § 1355.52(i)(1)(ii), we propose function for determining the AFDC Federal Government purposes, such to require the APD or Notice of Intent eligibility requirement for the remaining software, modifications, and include a list of all automated functions children in the state. documentation’’ funded with FFP. Our that will be included in the CCWIS. In new § 1355.52(g)(2), we propose to proposed requirement is consistent with Providing this list in addition to the require that tribal title IV–E agencies, to guidance issued by the Department, more detailed information required in the extent practicable, use the same such as the Centers for Medicare and new § 1355.52(i)(1)(iii) at the start of a automated function or the same group of Medicaid Services’ Medicaid IT CCWIS project will help both ACF and automated functions for all title IV–E Supplement (MITS–11–01-v1.0): the title IV–E agency to more reliably eligibility determinations. This Enhanced Funding Requirements: Seven estimate project costs per CCWIS cost includes, for example, eligibility Conditions and Standards. allocation requirements in § 1355.57. determinations for the title IV–E foster This requirement means title IV–E In new § 1355.52(i)(1)(iii), we propose care, adoption assistance and, if elected agencies must provide copies of all to require that the APD or Notice of by the title IV–E agency, the software and associated documentation Intent provide a notation whether each guardianship assistance programs. requested by ACF and developed with automated function listed in Our proposal to require that tribal title FFP. We anticipate using this § 1355.52(i)(1)(ii) meets, or when IV–E agencies meet this provision ‘‘to requirement to deposit specific, tested, implemented will meet, the the extent practicable’’ is a change from and proven CCWIS automated functions requirements of § 1355.52(i)(1)(iii)(A) the S/TACWIS regulations at into a federal repository so that they through (C). This proposed requirement § 1355.53(b)(5) that require tribal title may be shared and reused by other title will allow ACF and the title IV–E IV–E agencies to use, without exception, IV–E agencies. For example, if a title IV– agency to determine which costs may at most one automated function to E agency adds software supporting a qualify for CCWIS cost allocation support each step in the eligibility new safety assessment to the federal throughout the development and determination process. We propose this repository other title IV–E agencies operation of the CCWIS. exception because it may be unrealistic using that safety assessment could In new § 1355.52(i)(1)(iii)(A), we for tribal title IV–E agencies to access the software. In this way, the propose to require that the title IV–E implement one automated function to ability to reuse software modules may agency report in the APD or Notice of support each step of the eligibility significantly reduce system Intent whether an automated function

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supports (or when implemented will In new § 1355.52(i)(2), we propose to design, development, implementation, support) at least one of the CCWIS require title IV–E agencies to submit operations and maintenance of requirements listed at § 1355.52 or, if new information in their annual automated data processing systems. applicable, CCWIS options as described Operational APDs and Annual APD These rules cover requirements that fall in § 1355.54. This requirement means Updates for all CCWIS projects. under the following topics: that the title IV–E agency must indicate In new § 1355.52 (i)(2)(i), we propose • 95.613—Procurement standards; if the automated function supports the to require that the Annual APD Update • 95.615—Access to systems and child welfare program. An automated or Operational APD must include an records; function may support more than one updated list of automated functions • 95.617—Software and ownership CCWIS requirement. included in CCWIS. This is a new rights; We propose to add this new requirement. We propose to require an • 95.619—Use of Automated Data requirement because automated updated list each year because changes Processing (ADP) systems; functions that support the child welfare to CCWIS may affect the number of • 95.621—Automated Data program may qualify for CCWIS cost automated functions included in CCWIS Processing (ADP) Reviews; allocation, per the requirements and eligible for CCWIS funding. • 95.626—Independent Verification described in § 1355.57. Providing Receiving updated information and Validation; additional detail to the list of automated regarding automated functions allows • 95.627—Waivers; functions will allow ACF and the title ACF to monitor progress and adjust the • 95.631—Cost identification for IV–E agency to more reliably estimate CCWIS cost allocation, if necessary, to purpose of FFP claims; account for changes in whether new or which project costs may qualify for • 95.633—Nondiscrimination CCWIS cost allocation. existing automated functions comply requirements; In new § 1355.52(i)(1)(iii)(B), we with the requirements listed in • 95.635—Disallowance of FFP for propose to require that the title IV–E § 1355.52(i)(2)(ii) and (iii). agency report in the APD or Notice of In new § 1355.52(i)(2)(ii), we propose automated systems that fail to comply substantially with requirements; and Intent whether an automated function is a new requirement that the title IV–E • not (or when implemented will not be) agency provide updates in the Annual 95.641—Applicability of rules for duplicated within the CCWIS or systems APD Update or Operational APD charging equipment in Subpart G. supporting child welfare contributing including a notation whether each CCWIS projects claiming title IV–E agencies and is consistently used by all automated function listed in FFP, with costs above the thresholds in child welfare workers responsible for § 1355.52(i)(2)(i) meets (or when § 95.611 (currently $5 million total the area supported by the automated implemented will meet) the project cost) continue to be subject to all function. requirements of § 1355.52(i)(1)(iii)(B). of the provisions of 45 CFR part 95, This requirement incorporates S/ This requirement incorporates S/ subpart F, including submission of TACWIS policy in Action Transmittal TACWIS policy from Action Transmittal APDs. For these over threshold projects, ACF–OISM–001 into regulation. We ACF–OISM–001 into regulation. We application of the APD rules will not propose to include this new propose to include this new reporting change. requirement because it is not effective, requirement because it is not effective, We note that this proposed rule does economical, or efficient to fund the economical, or efficient to fund the not cite all federal laws relevant to implementation of automated functions implementation of automated functions information technology. For example, that are duplicated or not consistently that are either duplicated or not title IV–E agencies should ensure used by all users performing the consistently used by all users compliance with federal and state or function. For example, supporting a performing the function. tribal laws related to data privacy and different risk assessment tool across In new paragraph (i)(2)(iii), we confidentiality, such as: the Gramm- multiple systems used by contracted propose to require that that the title IV– Leach-Bliley Act, the Federal Trade providers and the CCWIS would not be E agency report in the Annual APD Commission Act, the Health Information an efficient use of CCWIS funding. Update or Operational APD a Technology for Economic and Clinical Providing this additional detail to the description of any changes to the scope Health (HITECH) Act, the Federal list of automated functions will allow or the design criteria described at Educational Rights and Privacy Act ACF and the title IV–E agency to more § 1355.53(a) for any automated function (FERPA) and the Individuals with reliably estimate which project costs listed in § 1355.52(i)(2)(i). This Disabilities Education Act (IDEA). may qualify for CCWIS cost allocation. information is necessary to determine § 1355.53—CCWIS Design Requirements In new § 1355.52(i)(1)(iii)(C), we the appropriate cost allocation for propose a new requirement that the title automated functions, because In revised § 1355.53, we propose new IV–E agency report in the APD or Notice complying with CCWIS design requirements for the design of CCWIS of Intent whether an automated function requirements is one of the criteria to automated functions. This is a change complies (or when implemented will determine if an automated function may from S/TACWIS regulations, which do comply) with CCWIS design qualify for CCWIS cost allocation. not specify design requirements for S/ requirements described under In new § 1355.52(j), we propose a new TACWIS automated functions. In § 1355.53(a), unless exempted in requirement that a title IV–E agency revised § 1355.53(a), we list the accordance with § 1355.53(b). We claiming title IV–E FFP for CCWIS proposed design requirements. We propose to add this requirement because projects below the APD submission propose these requirements to ensure automated functions that comply with thresholds at 45 CFR 95.611, will be that federal investments in information CCWIS design requirements may qualify subject to certain portions of the APD technology projects are efficient, for CCWIS cost allocation. Providing rules that we have determined are economical, and effective in supporting this additional detail to the list of necessary for effective project programs. In revised § 1355.53(b), we automated functions will allow ACF management. propose to exempt CCWIS automated and the title IV–E agency to more These rules are a subset of 45 CFR functions from one or more of the reliably estimate which project costs part 95, subpart F that apply controls to CCWIS design requirements in may qualify for CCWIS cost allocation. projects using FFP for the planning, § 1355.53(a) under certain conditions.

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We discuss the two proposed documentation, for their information used in another state or tribal exemptions below. systems to promote re-usability and modularly-designed system. Our proposed design requirements are integrate an automated function into an In revised § 1355.53(b), we propose to consistent with several requirements in existing system. Title IV–E agencies exempt CCWIS automated functions the Centers for Medicare and Medicaid report that it is difficult to train new from one or more of the CCWIS design Services’ (CMS) Final Rule—Medicaid staff without complete and clear requirements in § 1355.53(a) under Program: Federal Funding for Medicaid documentation and poorly documented certain conditions. We discuss the two Eligibility Determination and Enrolment systems are difficult to maintain. proposed exemptions below. Activities issued on April 19, 2011 in 76 This proposed requirement means In revised § 1355.53(b)(1), we propose FR 21905 through 21975. Establishing that child welfare programmatic staff to exempt CCWIS automated functions design requirements consistent with will be able to understand the meaning from one or more of the CCWIS design CMS guidance will reduce duplication and purpose of an automated function requirements in § 1355.53(a) if the across information systems and increase from the documentation. The CCWIS project meets the requirements opportunities for states and tribes to documentation should be complete so of § 1355.56(b) or 1355.56(f)(1). We are share and benefit from technology that technical staff unfamiliar with an proposing this exemption so that title innovations. automated function can understand, IV–E agencies do not have to replace In new § 1355.53(a)(1), we propose a maintain, and enhance the automated existing automated functions of S/ new requirement that CCWIS automated function. Although we expect the TACWIS and non-S/TACWIS projects functions must follow a modular design documentation to include detailed transitioning to CCWIS if the automated that includes the separation of business technical specifications, it should functions do not meet the proposed rules from core programming. include keys or other features to prevent design requirements of § 1355.53(a). By ‘‘modular’’ we mean a software misinterpretation. This may reduce the costs of development approach that breaks As part of our reviews in proposed transitioning these systems to CCWIS. down complex program functions into § 1355.55, ACF may review In revised § 1355.53(b)(2), we propose separate manageable components with documentation to confirm compliance to exempt CCWIS automated functions well-defined methods of communicating with this requirement. from one or more of the CCWIS design with other components. We propose this In new § 1355.53(a)(3), we propose a requirements in § 1355.53(a) if ACF requirement because designing custom new requirement that automated approves, on a case-by-case basis, an and highly specialized business functions contained in CCWIS must alternative design proposed by a title processes to be independent and adhere to a state, tribal, or industry IV–E agency that is determined by ACF exchanging information by clear defined standard that promotes to be more efficient, economical, and methods will allow title IV–E agencies efficient, economical, and effective effective than what is found in to change one component of their development of automated functions paragraph (a). ACF will review and may CCWIS without modifying other and produce reliable systems. approve requests for an exemption of processes or services. This will make This proposed requirement means paragraph (a) on a case-by-case basis. subsequent CCWIS development and that the title IV–E agency will use a We offer this exemption to maintenance more efficient and development standard consistently for accommodate technological advances economical. ACF will provide the documentation, design, that may provide new approaches, additional guidance on the design development, testing, implementation, which are different from the requirements to explain the efficiencies and maintenance of CCWIS automated requirements of § 1355.53(a), to design that may be gained if a title IV–E agency functions. The standard may be selected systems more efficiently, economically, develops or licenses automated by the title IV–E agency or it may be a and effectively. This allows title IV–E functions that: standard that the state or tribe requires agencies to take advantage of such 1. May be reused in other automated all information technology projects to technological advances that meet processes requiring the same functions follow. CCWIS requirements. or services; ACF will evaluate the title IV–E An exemption may excuse a title IV– 2. Are easier to maintain and enhance agency’s compliance with the selected E agency from any or all requirements than large complex interlocking standard as part of our reviews per of § 1355.53(a). For example, the title systems; and proposed § 1355.55 to determine if the IV–E agency may propose an approach 3. Can be reliably connected to other agency meets this requirement. different from the modular design automated functions without extensive In new § 1355.53(a)(4), we propose a requirement of § 1355.53(a)(1). If the re-testing of their internal processes. new requirement that CCWIS automated title IV–E agency provides sufficient ACF will consider the potential for re- functions be capable of being shared, evidence that the alternative design use, ease of maintenance, and reliability leveraged, and reused as a separate approach delivers more efficient, to determine whether automated component within and among states and economical, and effective results than functions in a CCWIS comply with this tribes. Title IV–E agencies share § 1355.53(a)(1), ACF may exempt the requirement. common goals, policies, and practices, title IV–E agency from § 1355.53(a)(1) In new § 1355.53(a)(2), we propose a which provide opportunities for sharing and permit the agency to substitute the new requirement that title IV–E agencies successful technology solutions that alternative design approach. Under this must document automated functions support their child welfare business scenario, the other CCWIS design contained in a CCWIS using plain practices. Promoting the development of requirements remain in effect. If a language. By ‘‘plain language’’ we mean automated functions in the CCWIS that design waiver is approved by ACF, written communication using English, may be reused and shared among states CCWIS operational and development free of unexplained information and tribes can save development costs funding will be available. technology jargon. and time. We propose this requirement because This proposed requirement means § 1355.54—CCWIS Options title IV–E agencies need complete and that the title IV–E agency will develop In revised § 1355.54, we propose that clear documentation, both in internal CCWIS automated functions, with if a project meets, or when completed explanations of code and external associated documentation, that could be will meet, the requirements of

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§ 1355.52, then ACF may approve 45 CFR part 95, subpart F. Our reviews methodology approved by ACF for CCWIS funding described at § 1355.57 will evaluate aspects of the system such development or the operational cost for other ACF-approved data exchanges as: system functionality, CCWIS design allocation plan approved by the or automated functions that are requirements, data quality requirements, Department, or both. This is permitted necessary to achieve title IV–E or IV–B and compliance with data exchange for active S/TACWIS projects as defined programs goals. This is consistent with standards, as well as the requirements in § 1355.51. The title IV–E funding S/TACWIS regulations at § 1355.53(c) specific to new CCWIS projects and continues according to the and (d) that provide S/TACWIS funding projects transitioning to CCWIS as developmental cost allocation for specified optional data exchanges described in the proposed sections on methodology approved by ACF for and automated functions. An example funding, cost allocation, and submission development or the operational cost of an optional exchange could be the requirements which are §§ 1355.52, allocation plan approved by Cost implementation of a data exchange with 1355.53, 1355.56, and, if applicable, Allocation Services (CAS) within the the Social Security Administration to § 1355.54. Department, or both. We propose this support timely automated verification of We propose to incorporate this requirement to provide title IV–E social security numbers and requirement because ACF has agencies with a period of uninterrupted identification of client benefit responsibility to monitor and support funding sufficient to make a information. An example of optional activities funded with FFP. It is determination about how to proceed automated functions could be the important to validate that the state or under the CCWIS rules and whether to implementation of intake and tribe’s system is complete, fulfills the transition their existing system to a investigation functions as a component approved development and operational CCWIS. The title IV–E agency must of the CCWIS. goals laid out in the APD or Notice of submit proposed changes to their This proposal means that CCWIS Intent, and that it conforms to relevant development or operational cost funding may be available to support the regulations and policies. The review allocation methodologies either in an development and operation of optional process may also help the state or tribe APD (for development) or for states, a data exchange or automated functions, to: document that the system meets cost allocation plan amendment (for provided that: federal requirements, identify system operations). The changes must be • It is part of a CCWIS project that deficiencies, determine necessary approved by ACF or CAS respectively. meets, or when completed will meet, corrective actions, and obtain technical There are no tribal title IV–E agencies the requirements of § 1355.52 by assistance as needed. that currently have an active TACWIS. supporting either an implemented § 1355.56—Requirements for S/TACWIS If this occurs, a tribe may submit an CCWIS or an ACF-approved CCWIS and Non-S/TACWIS Projects During and APD for development costs, if required, project under development; After the Transition Period or a cost allocation methodology • It can qualify for the CCWIS cost amendment for operational costs. ACF allocation as described in § 1355.57; In revised § 1355.56, we propose new will offer technical assistance to title • The title IV–E agency submits a transition requirements that will apply IV–E agencies during the transition business case to ACF for prior approval to existing S/TACWIS and non-S/ period. that explains how the automated TACWIS projects (as defined at In revised § 1355.56(b), we propose function or data exchange supports a § 1355.51). Some requirements, as that a S/TACWIS project must meet the specific title IV–B or IV–E program goal; specified below, apply only during the submission requirements of and transition period (defined at § 1355.51 § 1355.52(i)(1) during the transition • It is approved by ACF. as 24 months from the effective date of period to qualify for the CCWIS cost Consistent with S/TACWIS the final rule); other requirements apply allocation methodology described in regulations at §§ 1355.53(d) and both during and after the transition § 1355.57(a) after the transition period. 1355.57(a) and APD regulations at 45 period. We intend for title IV–E agencies This means the title IV–E agency must CFR 95.631, CCWIS cost allocation may to use the transition period to evaluate submit an APD or Notice of Intent as be available for the planning, design, the feasibility of using their legacy described at § 1355.52(i)(1) during the development, installation, operations applications as the foundation of a transition period, notifying ACF of their and maintenance of the CCWIS portion CCWIS. intent to transition the S/TACWIS to a of approved optional data exchanges. A title IV–E agency may preserve CCWIS, in order to qualify for the CCWIS funding is not available for work information technology investments in a CCWIS cost allocation methodology in completed on other systems, including S/TACWIS or non-S/TACWIS system or § 1355.57(a) after the transition period. those systems exchanging data with project by using that system or project This is a new requirement that only CCWIS. as the foundation of a CCWIS. Portions applies if a title IV–E agency has a S/ of such a system may already meet some TACWIS project that the agency intends § 1355.55—Review and Assessment of CCWIS requirements, and the title IV– to transition to a CCWIS and claim title CCWIS Projects E agency may enhance the system to IV–E funds according to the CCWIS cost In revised § 1355.55 we propose that meet the remaining CCWIS allocation methodology after the ACF will review, assess, and inspect the requirements. However, a title IV–E transition period. planning, design, development, agency with a S/TACWIS or non-S/ In new § 1355.56(c), we propose that installation, operation, and maintenance TACWIS is not required to use that a title IV–E agency with a S/TACWIS of each CCWIS project on a continuing system as the foundation of a CCWIS. may request approval to initiate a new basis, in accordance with APD The agency may implement a new CCWIS and qualify for the CCWIS cost requirements in 45 CFR part 95, subpart CCWIS at any time during or after the allocation methodology described in F, to determine the extent to which the transition period. § 1355.57(b) by meeting the submission project meets the requirements in In revised § 1355.56(a), we propose requirements of § 1355.52(i)(1). This §§ 1355.52, 1355.53, 1355.56, and, if that during the transition period a title means the title IV–E agency must applicable, § 1355.54. This is consistent IV–E agency with a S/TACWIS project submit an APD or Notice of Intent as with current S/TACWIS regulations at may continue to claim title IV–E required in § 1355.52(i)(1). Title IV–E 45 CFR 1355.55 and APD regulations at funding according to the cost allocation agencies that choose to implement a

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CCWIS will have the flexibility to a S/TACWIS project to non-CCWIS to qualify for a CCWIS cost allocation as receive CCWIS funding if they start a projects without the risk of having to described at § 1355.57(a). new CCWIS project rather than repay the costs invested in the project, In new § 1355.56(f)(2), we propose transition their existing S/TACWIS. as discussed in § 1355.56(e). that a title IV–E agency may submit an In new § 1355.56(d), we propose new In new § 1355.56(e), we propose to APD or, if applicable, a Notice of Intent requirements for a title IV–E agency that incorporate the S/TACWIS requirement at any time to request approval to elects not to transition a S/TACWIS at § 1355.56(b)(4) allowing for initiate a new CCWIS and qualify for a project to a CCWIS project. recoupment of FFP for failure to meet CCWIS cost allocation as described at In new § 1355.56(d)(1), we propose the conditions of the approved APD. In § 1355.57(b). that a title IV–E agency must notify ACF our proposed requirement a title IV–E The title IV–E agency must notify in an APD or Notice of Intent submitted agency that elects not to transition its S/ during the transition period of this TACWIS project to a CCWIS and fails to ACF that they intend to transition to a election not to transition a S/TACWIS meet the requirements of paragraph (d) CCWIS in a manner that meets the project to a CCWIS project. is subject to funding recoupment submission requirements at In new § 1355.56(d)(2), we propose to described under § 1355.58(d). ACF may § 1355.52(i)(1). require that the title IV–E agency that recoup all title IV–E FFP provided for § 1355.57—Cost Allocation for CCWIS elects not to transition its S/TACWIS the S/TACWIS project. This recoupment Projects must continue to use S/TACWIS requirement is described in § 1355.58(d) throughout its life expectancy in that applies to non-compliant CCWIS In revised § 1355.57 we propose cost accordance with 45 CFR 95.619. The life projects and is consistent with S/ allocation requirements for CCWIS expectancy is the length of time before TACWIS requirements. projects. the system may be retired or replaced as In new § 1355.56(f), we propose that We are providing the following table determined in APD submissions. a title IV–E agency with a non-S/ to summarize the costs that may be Title IV–E agencies that do not elect TACWIS (as defined in § 1355.51) that allocated to title IV–E using the three during the transition period to transition elects to build a CCWIS or transition to different cost allocation methodologies their S/TACWIS systems to a CCWIS a CCWIS must meet the submission described in this proposed section may seek title IV–E reimbursement for requirement of § 1355.52(i)(1). This (CCWIS development, CCWIS administrative costs, including system means the title IV–E agency must operational, and non-CCWIS cost development, under section 474(a)(3)(E) submit an APD or Notice of Intent at the allocation). The table also references after the transition period ends. times described in § 1355.52(f)(1) and paragraphs of the proposed regulation However, it is important that the title (2). related to each methodology. This table IV–E agency submit the APD or Notice In new § 1355.56(f)(1), we propose is for illustrative purposes and is not of Intent as required in § 1355.56(d), so that the APD or Notice of Intent must be intended to address all cost allocation that the title IV–E agency can reclassify submitted during the transition period scenarios.

COSTS ALLOCATED TO TITLE IV–E USING PROPOSED COST ALLOCATION METHODOLOGIES

Allocate costs to title IV–E, if costs benefit . . . both title IV–E and child welfare re- Applicable state or tribal lated programs (at regulations title IV–E funded funded partici- this time, ACF Cost allocation methodology for each participants in title pants of programs title IV–B only classifies ju- methodology IV–E programs and activities programs. venile justice and and activities. described in adult protective title IV–E. services as child welfare related programs).

CCWIS development ...... 1355.57(a)(2), (b), ✓ ✓ ✓ ✓ (c), (e)(1), & (e)(2). CCWIS operational ...... 1355.57(a)(2), (b), ✓ ✓ ...... (c), & (e)(1). Non-CCWIS (development and oper- 1355.57(f) ...... ✓ ...... ational).

These proposed regulations are table, the non-CCWIS cost allocation is meeting CCWIS requirements may similar to S/TACWIS cost allocation the least beneficial to the title IV–E qualify for a non-CCWIS cost allocation. requirements, which permit title IV–E agency. For example, a title IV–E agency may agencies to allocate title IV–E system The proposed CCWIS cost allocation build a system that partially qualifies for costs that support all participants of requirements provide title IV–E agencies the CCWIS cost allocation, while the programs and activities described in with new flexibility to build a CCWIS remaining parts of the system do not. title IV–E. CCWIS also incorporates the supporting their specific program and This approach is a change from S/ same development and operational cost circumstances while still qualifying for TACWIS regulations, which require a allocation as S/TACWIS. CCWIS cost allocation. Specifically, title IV–E agency to implement a system The proposed regulations provide a CCWIS cost allocation is available for providing all mandatory S/TACWIS cost allocation incentive to build automated functions and approved functionality to qualify for S/TACWIS automated functions meeting the CCWIS activities meeting CCWIS requirements. cost allocation. If a single mandatory requirements. As noted in the above Automated functions and activities not functional requirement, such as the

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required case management screens and Care Independence program), in § 1355.52 or, if applicable § 1355.54 to functions, is not supported by S/ addition to at least one requirement at qualify for CCWIS cost allocation. TACWIS, then the entire system, § 1355.52 or, if applicable § 1355.54. In new § 1355.57(b)(2)(ii), we propose including components meeting S/ In new § 1355.57(a)(2)(ii), we propose that an automated function must not be TACWIS requirements, does not qualify that an automated function also must duplicated within the CCWIS or other for S/TACWIS cost allocation and ACF not be duplicated within either the systems supporting child welfare classifies the application as non-S/ CCWIS or systems supporting the child contributing agencies and be TACWIS. welfare contributing agency and be consistently used by all child welfare In revised § 1355.57(a), we propose consistently used by all child welfare users responsible for the area supported cost allocation requirements for projects workers responsible for the area by the automated function. transitioning to CCWIS. Transitioning supported by the automated function. While similar to the S/TACWIS policy projects may be either a S/TACWIS or Automated functions of a CCWIS that in Action Transmittal ACF–OISM–001, a non-S/TACWIS project that meets the do not meet this requirement but this requirement is more flexible than definitions in § 1355.51(i)(1). support title IV–E programs or services the current policy that requires that the In new § 1355.57(a)(1), we propose a may qualify for non-CCWIS cost entire S/TACWIS be used for all child requirement that all automated allocation as described in § 1355.57(f). welfare tasks in the state or tribal functions developed after the transition While similar to the S/TACWIS policy service area. period for projects meeting the in Action Transmittal ACF–OISM–001, CCWIS automated functions not submission requirements in § 1355.56(b) this requirement is more flexible than meeting this requirement but that or 1355.56(f)(1) must meet the CCWIS the current policy that requires that the support title IV–E programs or services design requirements described under entire S/TACWIS be used for all child may qualify for non-CCWIS cost § 1355.53(a), unless exempted by welfare tasks in the state or tribal allocation as described in § 1355.57(f). § 1355.53(b)(2). Our proposed service area. In new § 1355.57(c), we propose a regulations provide a transition period In revised § 1355.57(b), we propose new requirement consistent with the to accommodate title IV–E agencies with cost allocation requirements for new APD rule at 45 CFR part 95 subpart F existing systems that may transition to CCWIS projects. A new CCWIS project that the Department may approve a CCWIS. After the transition period, new is one that starts after the effective date CCWIS cost allocation for an approved development in these systems must of the final rule and will meet the activity for a CCWIS project meeting the comply with CCWIS design CCWIS project requirements of requirements of § 1355.57(a) requirements under § 1355.53(a), unless §§ 1355.52 and 1355.53(a). We use the (transitioning projects) or (b) (new exempted by § 1355.53(b)(2). term ‘‘New CCWIS Project,’’ which is CCWIS projects). In new § 1355.57(a)(2), we propose defined in § 1355.51, to distinguish Approved activities may be directly two requirements an automated these projects from S/TACWIS or non/ associated with an automated function, function of a project transitioning to S/TACWIS projects that began before such as requirements gathering sessions, CCWIS must meet in order for the the effective date of the final rule. meetings to design screens, or writing Department to consider approving the In new § 1355.57(b)(1), we propose test plans. However, certain automated applicable CCWIS cost allocation. The that unless ACF grants the title IV–E systems related activities that are not department will apply the definitions of agency an exemption in accordance directly linked to developing, ‘‘development’’ and ‘‘operation’’ in 45 with § 1355.53(b)(2), all automated implementing, or operating an CFR 95.605 to determine if the functions of a new CCWIS project must automated function may also qualify for applicable CCWIS cost allocation for meet all the CCWIS design requirements CCWIS cost allocation. Examples automated function costs is CCWIS described under § 1355.53(a) to qualify include developing the data quality development cost allocation or CCWIS for CCWIS cost allocation. By this we plan, and conducting data quality operational cost allocation. ACF is mean, if all automated functions of a reviews. ACF plans to issue guidance on authorized to approve state and tribal project that the IV–E agency plans to approved activities. development cost allocation implement as new CCWIS, do not meet In new § 1355.57(d), we propose a methodologies. CAS is authorized to the requirement at § 1355.53(a) and are requirement that the title IV–E agency approve operational cost allocation not exempt from those requirements by must allocate project costs in methodologies for states. The § 1355.53(b)(2), the project may not be accordance with applicable HHS Department approves operational cost classified a new CCWIS. regulations and guidance. This allocation methodologies for tribes. In new § 1355.57(b)(2), we propose requirement is consistent with current In new § 1355.57(a)(2)(i), we propose the requirements an automated function regulations at 45 CFR 95.631 and 45 that an automated function must must meet so that it may qualify for CFR 95.503 as well as 45 CFR part 75. support programs authorized under CCWIS cost allocation. We propose this requirement because titles IV–B or IV–E, and at least one In new § 1355.57(b)(2)(i), we propose our experience with title IV–E agencies requirement in § 1355.52 or, if that an automated function must on S/TACWIS reviews indicate that they applicable § 1355.54. This proposed support programs authorized under frequently integrate child welfare requirement is consistent with titles IV–B or IV–E, and at least one information systems into enterprise established cost allocation regulations requirement of § 1355.52 or, if systems shared with other health and and policies at 45 CFR 95.631, applicable § 1355.54. This is similar to human services programs. For example, 1356.60(d)(2) and 45 CFR part 75 (45 the proposed requirement for CCWIS a state or tribe may have one system CFR part 75 superseded OMB Circular development cost allocation in supporting the child welfare, juvenile A–87). These regulations and policies § 1355.57(a)(2)(i). justice, and child support programs. We require system costs be allocated to the This means that the automated encourage this strategy to improve benefiting programs. function must support programs program collaboration and reduce This means that the automated authorized under title IV–B or title IV– system development costs. function must support the programs E (including the John H. Chaffee Foster However, this proposed requirement authorized under title IV–B or title IV– Care Independence program), in clarifies the order in which project costs E (including the John H. Chaffee Foster addition to at least one requirement at must be allocated to be consistent with

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applicable regulations and HHS policy. only classifies juvenile justice and adult federal funds to allow agencies to claim Specifically, we propose to require that protective services as child welfare FFP using the CCWIS cost allocation for the title IV–E agency must allocate related programs. projects that do not meet the CCWIS project costs so as to identify child In new § 1355.57(f), we propose to requirements. welfare and non-child welfare require that title IV–E costs not In new § 1355.58(b), we propose to benefiting components. Any project previously described in this section may incorporate the requirement that the costs assigned as non-child welfare be charged to title IV–E at the regular suspension of funding under this costs must be allocated to all benefiting administrative rate but only to the section begins on the date that ACF programs (including other health and extent that title IV–E eligible children determines that the agency failed to human service programs). Project costs are served under that program. This comply with or meet either the assigned as child welfare costs are requirement is consistent with requirements of § 1355.58(b)(1) or (2). subject to allocation according to the regulations at 45 CFR 95.631 and The proposed requirement incorporates specific CCWIS or non-CCWIS cost 1356.60(d)(2) and 45 CFR part 75 that the existing S/TACWIS rules at 45 CFR allocation requirements of this section. allocate system costs to the benefiting 1355.56(b)(2). In new § 1355.57(e), we propose cost programs. allocation requirements for CCWIS This proposed requirement means In new § 1355.58(b)(1), we propose development and operational costs. This that system costs that benefit title IV–E that a suspension of CCWIS funding proposal means that title IV–E agencies programs but do not meet the begins on the date that ACF determines will be able to continue to receive the requirements of this section may still be the title IV–E agency failed to comply favorable cost allocation available to S/ allocated to title IV–E as administrative with APD requirements in 45 CFR part TACWIS projects for CCWIS projects costs, but only to the extent that title 95 subpart F. meeting the requirements of §§ 1355.50 IV–E eligible children are served under In new § 1355.58(b)(2), we propose through 1355.57. that program. However, as noted that a suspension of CCWIS funding In new § 1355.57(e)(1), we propose to previously, costs that do not meet the begins on the date that ACF determines allow a title IV–E agency to allocate requirements of § 1355.57(a), (b) or (c) the title IV–E agency failed to meet the CCWIS development and operational but benefit title IV–B, other child requirements at § 1355.52 or, if costs to title IV–E for approved system welfare related programs, other human applicable, §§ 1355.53, 1355.54, or activities and automated functions that service programs, or participants in state 1355.56 and has not corrected the failed meet three requirements as described in or tribal funded programs may not be requirements according to the time § 1355.57(e)(1)(i), (ii), and (iii). allocated to title IV–E but instead must frame in the approved APD. We propose in new § 1355.57(e)(1)(i) be allocated to those programs. In new § 1355.58(c)(1) and (2), we that the costs are approved by the § 1355.58—Failure To Meet the propose that the suspension of funding Department. Conditions of the Approved APD will remain in effect until the date that In new § 1355.57(e)(1)(ii), we propose ACF determines, in accordance with New § 1355.58 of the proposed rule that the costs meet the requirements of § 1355.58(c)(1), that the title IV–E incorporates the current regulation at 45 § 1355.57(a) (transitioning projects), (b) agency complies with 45 CFR part 95, CFR 1355.56. This section introduces (new CCWIS projects), or (c) (approved subpart F; or, in accordance with the consequences of not meeting the activities). 1355.58(c)(2), until ACF approves the requirements of the APD. Those In new § 1355.57(e)(1)(iii), we propose title IV–E agency’s plan to change the consequences may include suspension that the share of costs for system application to meet the requirements at of title IV–B and IV–E funding and approved activities and automated § 1355.52 and, if applicable, § 1355.53, possible recoupment of title IV–E funds functions that benefit federal, state or § 1355.54, or § 1355.56. These proposed claimed for the CCWIS project as tribal funded participants in programs requirements incorporate the S/TACWIS described below. and allowable activities described in regulations at 45 CFR 1355.56(b)(3). title IV–E of the Act may be allocated to In new § 1355.58(a), we propose that the title IV–E program. Therefore, in accordance with 45 CFR 75.371 to In new § 1355.58(d), we propose that system costs benefiting children in 75.375 and 45 CFR 95.635, ACF may if ACF suspends an APD, or the title IV– foster care, adoptive, or guardianship suspend IV–B and IV–E funding E agency voluntarily ceases the design, programs, regardless of title IV–E approved in the APD if ACF determines development, installation, operation, or eligibility, may be allocated to title IV– that the title IV–E agency fails to comply maintenance of an approved CCWIS, E. with the APD requirements in 45 CFR ACF may recoup all title IV–E funds In new § 1355.57(e)(2), we propose to part 95, subpart F or meet the CCWIS claimed for the CCWIS project. The allow title IV–E agencies to also allocate requirements at § 1355.52 or, if requirement incorporates the S/TACWIS additional CCWIS development costs to applicable, §§ 1355.53, 1355.54, or requirements at 45 CFR 1355.56(b)(4), title IV–E for the share of system 1355.56. The proposed requirement but we have modified the requirement approved activities and automated incorporates S/TACWIS regulations at to allow for all FFP to be recouped functions that meet requirements in 45 CFR 1355.56(a). We added a consistent with 2010 changes in the § 1355.57(e)(1)(i) and (ii). These reference to the Department APD rules at § 95.635. We are including additional costs are described in new administrative rules at 45 CFR 75.371 to this requirement in the proposal § 1355.57(e)(2)(i) and (ii). 75.375 that provides authority to because it is not an efficient, In new § 1355.57(e)(2)(i), we propose suspend the funding and updated economical, or effective use of federal that CCWIS development costs references to the proposed CCWIS funds to allow title IV–E agencies to benefiting title IV–B programs may be requirements. claim FFP using the CCWIS cost allocated to title IV–E. We propose to continue this allocation for projects that do not meet In new § 1355.57(e)(2)(ii), we propose requirement because our authority the APD or CCWIS requirements. that CCWIS development costs under 45 CFR part 75 and the APD rules § 1355.59—Reserved benefiting both title IV–E and child in 45 CFR part 95, subpart F remains welfare related programs may be unchanged. Furthermore, it is not an We propose reserving § 1355.59 for allocated to title IV–E. At this time, ACF efficient, economical, or effective use of future regulations related to CCWIS.

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§ 1356.60—Fiscal Requirements (Title § 95.625—Increased FFP for Certain We used cost data from five recent IV–E) ADP Systems SACWIS implementations for mid-to- large sized states to estimate the average We propose to revise § 95.625(a) We propose changing the title of cost to design, develop, and implement which provides guidance on FFP that § 1356.60(e) from ‘‘Federal matching a new SACWIS as $65 million (costs may be available for information funds for SACWIS/TACWIS’’ to ranged from approximately $39 to $83 systems supporting title IV–D, IV–E ‘‘Federal matching funds for CCWIS and million). There are five states currently Non-CCWIS.’’ We also propose to revise and/or XIX programs at an enhanced in the planning phase for a new system; the paragraph to describe that federal matching rate. We propose removing the the length of the planning phase reference to title IV–E enhanced funding matching funds are available at the rate typically ranges from 1 to 4 years. Once in the paragraph since enhanced of fifty percent (50%) and that the cost the final rule is issued, we anticipate funding for information systems allocation of CCWIS and non-CCWIS that a similar number of states in the supporting the title IV–E program project costs are at § 1355.57 of this planning phase for a new SACWIS at expired at the end of Federal Fiscal Year that time will implement a new CCWIS chapter. These changes clarify that 1997. while the same matching rate applies to for a total federal and state cost that will Section 95.625(b) identifies other CCWIS and non-CCWIS, the proposed not exceed the $325 million (5 states x departmental regulations that systems $65 million) estimated to build a new cost allocation requirements at must meet to qualify for FFP at an § 1355.57 apply. The cost allocation SACWIS. Based on our experience with enhanced matching rate. We propose SACWIS projects, development efforts rules describe the more favorable cost removing the reference to title IV–E allocation available to CCWIS. typically last 3 to 5 years. We lack enhanced funding in the paragraph comparable tribal data for this estimate § 95.610—Submission of Advance because enhanced funding for SACWIS as no tribe has implemented a TACWIS. Planning Documents expired at the end of Federal Fiscal Year We expect actual CCWIS costs to be 1997. lower than this S/TACWIS-based We propose to revise § 95.610(b)(12) VII. Impact Analysis estimate for the following reasons. First, to conform with our proposed because CCWIS has fewer functional regulations at §§ 1355.50 through Executive Order 12866 requirements than SACWIS, title IV–E 1355.58. We propose deleting the Executive Order (E.O.) 12866 requires agencies may build a new CCWIS for references to §§ 1355.54 through that regulations be drafted to ensure that significantly lower cost. Whereas a S/ 1355.57, which is a title IV–E regulation they are consistent with the priorities TACWIS must develop and implement since enhanced funding for information and principles set forth in the E.O. The at least 51 functional requirements, the systems supporting the title IV–E Department has determined that this proposed rule only requires fourteen program expired in 1997. We also proposed rule is consistent with these functional requirements, including propose revising § 95.610(b)(12) by priorities and principles, and represents eleven data exchanges, federal and agency reporting, and the determination adding the phrase ‘‘or funding, for title the best and most cost effective way to of title IV–E eligibility. Second, CCWIS IV–E agencies as contained at achieve the regulatory and program requirements permit title IV–E agencies § 1355.52(i).’’ because our proposed objectives of CB. We consulted with to use less expensive commercial-off- regulations at § 1355.52(i) add new OMB and determined that this proposed the-shelf software (COTS) as CCWIS requirements for CCWIS APDs. rule meets the criteria for a significant modules. A S/TACWIS must be custom regulatory action under E.O. 12866. § 95.611—Prior Approval Conditions built or transferred from another state Thus, it was subject to OMB review. and customized to meet agency business We propose to revise § 95.611(a)(2) to We determined that the costs to states practices; lower cost COTS are just delete the reference to the title IV–E and tribes as a result of this proposed recently available to S/TACWIS regulation, § 1355.52 because enhanced rule will not be significant. First, CCWIS projects. Third, the requirement to build funding for information systems is an optional system that states and CCWIS with reusable modules reduces supporting the title IV–E program tribes may implement; therefore, we overall costs as newer projects benefit expired in 1997. have determined that the proposed rule from software modules shared by will not result in mandatory increased mature CCWIS projects. Finally, we § 95.612—Disallowance of Federal costs to states and tribes. Second, most anticipate lower tribal costs as most Financial Participation (FFP) if not all of the costs that states and tribes serve smaller populations with tribes will incur will be eligible for FFP. We propose to revise § 95.612 which fewer workers than states. Depending on the cost category and A title IV–E agency may also meet provides guidance on conditions that each agency’s approved plan, states and CCWIS requirements by enhancing an may lead to a disallowance of FFP for tribes may be reimbursed 50 percent of operational system to meet new CCWIS APDs for certain information systems. allowable costs, applying the cost requirements. The new CCWIS We propose to replace the phrase ‘‘State allocation rate authorized under section requirements are data exchanges with Automated Child Welfare Information 474(a)(3)(C) and (D) of the Act, and courts, education, and Medicaid claims System’’ with ‘‘Comprehensive Child section 474(c) of the Act, or at the 50 processing systems (and if applicable, Welfare Information System (CCWIS) percent administrative rate authorized data exchanges with child welfare project and, if applicable the under section 474(a)(3)(E). contributing agencies and other systems transitional project that preceded it.’’ Costs will vary considerably used to collect CCWIS data), developing We also propose to change the depending upon a title IV–E agency’s a data quality plan, compiling a list identified CCWIS regulations from decision to either (1) build a new automated functions, and, if applicable, §§ 1355.56 through 1355.58 because the CCWIS or (2) transition an existing drafting a Notice of Intent. To estimate paragraph also identifies other system to meet CCWIS requirements. data exchange costs, we reviewed a departmental regulations that are Furthermore, the cost of the system will sample of APDs where states reported S/ applicable when approval of an APD is be affected by the optional functions an TACWIS costs for eight data exchanges suspended. agency elects to include in the CCWIS. ranging from $106,451 to $550,000. The

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average is approximately $247,000 or within and among states and tribes costs and benefits before proposing any $741,000 ($247,000 × 3) for three data resulting in benefits to other programs rule that may result in an annual exchanges. We expect 46 states (50 and systems. expenditure by state, local, and tribal states plus the District of Columbia Alternatives Considered: We governments, in the aggregate, or by the minus 5 states anticipated to be considered alternatives to the approach private sector, of $100 million or more planning a new system) to exercise the described in the proposed rule. First, an (adjusted annually for inflation). That flexibility in the proposed rule to approach that leaves the current rules in threshold level is currently transition their operational system to place encourages the overdevelopment approximately $151 million. We CCWIS for a total cost of $34 million (46 of large costly systems, and makes it propose CCWIS as an option for states states × $741,000). The costs for the data increasingly difficult for title IV–E and tribes, therefore this proposed rule quality plan, automated functions list, agencies to implement an efficient, does not impose any mandates on state, and Notice of Intent are listed in the economical, and effective case local, or tribal governments, or the following Paperwork Reduction Act management system that supports their private sector that will result in an section and are not significant. evolving business needs. Such an annual expenditure of $151 million or Historically a S/TACWIS has a useful approach does not support a service more. life ranging from 12—20 years and the model managed by multiple service Paperwork Reduction Act age of current systems varies from new providers that is still capable of to nearing retirement. Consistent with providing high quality data on the Under the Paperwork Reduction Act past replacement trends, we anticipate children and families served. Second, (44 U.S.C. Ch. 35, as amended) (PRA), that after the final rule is published, 2 an approach that provides even greater all Departments are required to submit to 4 systems annually will be replaced flexibility than what we proposed will to OMB for review and approval any with new CCWIS systems for the undermine our collective goal of using reporting or recordkeeping requirements average cost not to exceed the average the data maintained by child welfare inherent in a proposed or final rule. SACWIS cost of $65 million each. information systems to help improve the Collection of APD information for S/ State and tribes will realize significant administration of the programs under TACWIS projects is currently program administration and IT benefits titles IV–B and IV–E of the Act and authorized under OMB number 0970– from CCWIS. The requirements to improving overall outcomes for the 0417 and will be applicable to CCWIS maintain comprehensive high quality children and families served by title IV– projects. This proposed rule does not data will support the efficient, E agencies. make a substantial change to those APD economical, and effective information collection requirements; administration of the title IV–B and title Regulatory Flexibility Analysis however, this proposed rule contains IV–E programs. The requirements to The Secretary certifies, under 5 U.S.C. new information collection activities, exchange standardized data with other 605(b), as enacted by the Regulatory which are subject to review. As a result programs will support coordinated Flexibility Act (Pub. L. 96–354), that of the new information collection service delivery to clients served by this proposed rule will not result in a activities in this NPRM, we estimate the multiple programs. The data exchanges significant impact on a substantial reporting burden, over and above what will also reduce data collection costs number of small entities. The primary title IV–E agencies already do for the and improve data quality for all impact of this proposed NPRM is on APD information collection participating programs. The state and tribal governments, which are requirements, as follows: (1) 550 Hours requirements to build CCWIS with not considered small entities under the for the automated function list modular, reusable components meeting Act. requirement; (2) 2,200 hours for the first industry standards will result in submission of the data quality plan; and systems that can be more quickly Unfunded Mandates Reform Act (3) 80 hours for the one-time Notice of modified, easier to test, and less The Unfunded Mandates Reform Act Intent submission by states and tribes expensive to maintain. These modular, (Pub. L. 104–4) requires agencies to not submitting an APD. reusable components may be shared prepare an assessment of anticipated The following are estimates:

Number of Average Collection Number of responses per burden per Total burden respondents respondent response hours

Automated Function List § 1355.52(i)(1)(ii) and (iii) and (i)(2) ...... 55 1 10 550 Data Quality Plan § 1355.52(d)(5) (first submission) ...... 55 1 40 2,200 Notice of Intent § 1355.52.(i)(1) (one-time submission) ...... 12 1 8 96

One-time Total ...... 2,296 Annual Total ...... 550

Burden Hour Estimate the design standards in § 1355.53(a). We expressed an interest in building a 1. List of automated functions. Our applied the following assumptions: TACWIS-compliant system. To ensure first step was to estimate the burden • We assume that all 50 states plus that our estimate is not understated, we associated with the requirements we the District of Columbia will build a assume that four tribes will elect to propose in §§ 1355.52(i)(1)(ii) and (iii) CCWIS or transition their existing build a CCWIS in the next three years. and 1355.52(i)(2)(i) and (ii). In those systems to CCWIS in the next three We estimate the burden for these sections, we propose that the title IV–E years. activities at 10 hours per respondent per agencies must provide a list of • We also assume that few tribes will year. We multiplied our estimate of 10 automated functions to be included in elect to build a CCWIS. As of December burden hours by 55 respondents (50 the CCWIS and report compliance with 2014, no tribal title IV–E grantee has states + District of Columbia + 4 tribes)

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to arrive at an annual burden increase producing the letter and project plan for regulations. Written comments to OMB of 550 hours (10 burden hours × 55 those projects not subject to the APD for the proposed information collection respondents) for the proposed rules at 45 CFR part 95. We estimate should be sent directly to the following: automated function list requirement. that burden at 8 hours per respondent. Office of Management and Budget, 2. Data quality plan. Our next step We multiplied our estimate of 8 burden either by fax to 202–395–6974 or by was to estimate the burden associated hours by 12 respondents (8 states + 4 email to OIRA_submission@ with the requirements we propose in tribes) to arrive at a one-time burden omb.eop.gov. Please mark faxes and § 1355.52(d) that title IV–E agencies increase of 96 hours (8 burden hours × emails to the attention of the desk building a CCWIS must develop and 12 respondents) for the proposed Notice officer for ACF. report on a data quality plan as part of of Intent requirement. Congressional Review an Annual or Operational APD Total Burden Cost submission. We applied the following This proposed rule is not a major rule assumptions: Once we determined the burden as defined in 5 U.S.C. Ch. 8 and is thus • We assume that all 50 states plus hours, we developed an estimate of the not subject to the major rule provisions the District of Columbia and four tribes associated cost for states and tribes to of the Congressional Review Act. The will build a CCWIS or transition their conduct these activities, as applicable. Congressional Review Act (CRA), 5 existing systems to CCWIS in the next We reviewed 2013 Bureau of Labor U.S.C. Chapter 8, defines a major rule as three years. Statistics data to help determine the one that has resulted in or is likely to • We assume that states and tribes costs of the increased reporting burden result in: (1) An annual effect on the already have mechanisms in place to as a result of the proposed provisions of economy of $100 million or more; (2) a monitor and improve the quality of the this NPRM. We assume that staff with major increase in costs or prices for data to meet program reporting and the job role of Management Analyst (13– consumers, individual industries, oversight needs. 111) with a mean hourly wage estimate federal, state, or local government We estimate the burden for these of $43.26 will be completing the agencies, or geographic regions; or (3) activities at 40 hours per respondent for Automated Function List, Data Quality significant adverse effects on the initial submission. Plan, and Notice of Intent competition, employment, investment, We do not estimate an additional documentation. Based on these productivity, or innovation, or on the burden in subsequent years because assumptions, the Data Quality Plan and ability of United States-based those submissions will require minimal Notice of Intent represent a one-time enterprises to compete with foreign- updates of information previously cost of $99,324.96 (2,296 hours × $43.26 based enterprises in domestic and submitted. We multiplied our estimate hourly cost = $99,324.96. We estimate export markets. 5 U.S.C. 804(2). of 40 burden hours by 55 respondents that the average annual burden increase (50 states + District of Columbia + 4 of 550 hours for the Automated Assessment of Federal Regulations and tribes) to arrive at a one-time burden Function List will cost $23,793 (550 Policies on Families increase of 2,200 hours (40 burden hours × $43.26 hourly cost = Section 654 of the Treasury and hours × 55 respondents) for the $23,793.00). General Government Appropriations proposed data quality plan requirement. We specifically seek comments by the Act, 2000 (Pub. L. 106–58) requires 3. APD or Notice of Intent. Finally, we public on this proposed collection of federal agencies to determine whether a estimated the burden associated with information in the following areas: proposed policy or regulation may affect the proposed requirement in 1. Evaluating whether the proposed family well-being. If the agency’s § 1355.52(i)(2)(ii), that a title IV–E collection is necessary for the proper determination is affirmative, then the agency that elects to build a CCWIS performance of the functions of ACF, agency must prepare an impact must announce their intention to do so including whether the information will assessment addressing seven criteria either by submitting an APD, if the have practical utility; specified in the law. These proposed proposed project requires an APD, or a 2. Evaluating the accuracy of ACF’s regulations will not have an impact on Notice of Intent if an APD is not estimate of the proposed collection of family well-being as defined in the law. required. We applied the following information, including the validity of Executive Order 13132 assumptions: the methodology and assumptions used; • A title IV–E agency with a CCWIS 3. Enhancing the quality, usefulness, Executive Order (E.O.) 13132 project subject to the APD process will and clarity of the information to be prohibits an agency from publishing any have no new burden as such projects are collected; and rule that has federalism implications if already required to contain a plan per 4. Minimizing the burden of the the rule either imposes substantial 45 CFR 95.610. collection of information on those who direct compliance costs on state and • The four tribes will submit a Notice are to respond, including using local governments and is not required of Intent because their projects are appropriate automated, electronic, by statute, or the rule preempts state unlikely to exceed the threshold mechanical, or other technology, such law, unless the agency meets the requiring submission of an as permitting electronic submission of consultation and funding requirements Implementation APD at 45 CFR 95.611. responses. of section 6 of the Executive Order. We • 8 of 14 states with complete, fully OMB is required to make a decision do not believe the regulation has functional SACWIS projects will concerning the collection of information federalism impact as defined in the undertake projects that will not exceed contained in these proposed regulations Executive Order. Consistent with E.O. the threshold requiring submission of an between 30 and 60 days after 13132, the Department specifically Implementation APD at 45 CFR 95.611 publication of this document in the solicits comments from state and local and therefore will submit a Notice of Federal Register. Therefore, a comment government officials on this proposed Intent. is best assured of having its full effect rule. Our burden estimate for completing if OMB receives it within 30 days of the Notice of Intent includes additional publication. This does not affect the Tribal Consultation Statement time for title IV–E agencies to review the deadline for the public to comment to ACF published a notice of tribal submission requirements and for the Department on the proposed consultation in the Federal Register on

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January 5, 2012 (77 FR 467). The notice List of Subjects acquire ADP equipment or services with advised the public of meetings regarding proposed FFP at the enhanced matching 45 CFR Part 95 how the current SACWIS regulations rate authorized by § 205.35 of this title, affect tribes administering a title IV–E Automatic data processing equipment part 307 of this title, or 42 CFR part 433, program. Notices of the consultation and services—conditions for federal subpart C, regardless of the acquisition were mailed to tribal leaders of federally financial participation (FFP). cost. recognized tribes and the consultation 45 CFR Part 1355 * * * * * was publicized through electronic ■ 4. Revise the last sentence of § 95.612 mailing lists maintained by CB and the Adoption and foster care, Child to read as follows: National Resource Center for Tribes. welfare, Data collection, Definitions The consultation with tribal leaders grant programs–social programs. § 95.612 Disallowance of Federal Financial Participation (FFP). and their representatives was held via 2 45 CFR Part 1356 teleconferences on February 15 and 16, * * * In the case of a suspension of 2012. Each consultation session was Administrative costs, Adoption and the approval of an APD for a preceded by an introductory session foster care, Child welfare, Fiscal Comprehensive Child Welfare that provided an overview of current requirements (title IV–E), Grant Information System (CCWIS) project federal policy and regulations regarding programs—social programs, Statewide and, if applicable the transitional S/TACWIS. Tribes and tribal information systems. project that preceded it, see § 1355.58 of organizations used a total of 33 phone Dated: March 9, 2015. this title. ■ lines during the two teleconferences; Mark H. Greenberg, 5. Revise paragraph (a) and the last multiple individuals were on shared Acting Assistant Secretary for Children and sentence of paragraph (b) of § 95.625 to lines at some of the participating sites. Families. read as follows: The tribal consultation addressed Approved: April 23, 2015. § 95.625 Increased FFP for certain ADP three questions: Sylvia M. Burwell, systems. (1) What are the obstacles for your Secretary, Department of Health and Human (a) General. FFP is available at tribe in building a child welfare Services. enhanced matching rates for the information system in general and a For the reasons set out in the development of individual or integrated SACWIS-type system specifically? preamble, HHS and the Administration systems and the associated computer (2) What information do you consider for Children and Families propose to equipment that support the critical to managing your child welfare amend parts 95, 1355, and 1356 of 45 administration of state plans for titles program? CFR as follows: IV–D and/or XIX provided the systems (3) Is there any special information meet the specifically applicable that tribes need or will need in order to PART 95—GENERAL provisions referenced in paragraph (b) operate child welfare programs funded ADMINISTRATION—GRANT of the section. with title IV–E dollars? PROGRAMS (PUBLIC ASSISTANCE, (b) * * * The applicable regulations Commonly-cited barriers to the MEDICAL ASSISTANCE AND STATE for the title IV–D program are contained development of child welfare CHILDREN’S HEALTH INSURANCE in 45 CFR part 307. The applicable automation were fiscal concerns and PROGRAMS) regulations for the title XIX program are staffing resources. Participants in the contained in 42 CFR part 433, subpart tribal consultation told CB that the scale ■ 1. The authority citation for part 95 C. of available S/TACWIS applications continues to read as follows: exceed their operational needs and the Authority: 5 U.S.C. 301, 42 U.S.C. 622(b), PART 1355—GENERAL cost is more than a tribe could afford. In 629b(a), 652(d), 654A, 671(a), 1302, and ■ 6. The authority citation for part 1355 addition, smaller-scale systems that 1396a(a). continues to read as follows: could quickly and economically be ■ 2. Revise paragraph (b)(12) of § 95.610 Authority: 42 U.S.C. 620 et seq., 42 U.S.C. adapted for tribal needs were cited as a to read as follows: preferred alternative to custom system 670 et seq.; 42 U.S.C. 1301 and 1302. development. § 95.610 Submission of advance planning ■ 7. Revise § 1355.50 to read as follows: documents. One written comment was submitted, § 1355.50 Purpose of this part. citing financial issues associated with * * * * * Sections 1355.50 through 1355.59 system development. A full summary of (b) * * * contain the requirements a title IV–E the tribal consultation on child welfare (12) Additional requirements, for agency must meet to receive federal automation can be found at https:// acquisitions for which the State is financial participation authorized under www.acf.hhs.gov/programs/cb/resource/ requesting enhanced funding, as sections 474(a)(3)(C) and (D), and 474(c) tribal-consultation-on-title-iv-e- contained at § 307.15 and 42 CFR of the Act for the planning, design, information-systems-regulations. subchapter C, part 433 or funding for development, installation, operation, Generally, there was support from the title IV–E agencies as contained at and maintenance of a comprehensive tribal commenters to issue a regulation § 1355.52(i) of this title. that will provide them with the child welfare information system. * * * * * ■ 8. Add § 1355.51 to read as follows: flexibility in implementing a child ■ 3. Revise paragraph (a)(2) of § 95.611 welfare information system. These to read as follows: § 1355.51 Definitions applicable to proposed rules provide sufficient Comprehensive Child Welfare Information latitude to allow a tribe to implement a § 95.611 Prior approval conditions. Systems (CCWIS). system scaled to the size of their child (a) * * * (a) The following terms as they appear welfare program, tailored to the tribe’s (2) A State shall obtain prior approval in §§ 1355.50 through 1355.59 are program needs, and capable of from the Department which is reflected defined as follows— collecting those data the tribe requires in a record, as specified in paragraph (b) Approved activity means a project and required under this proposed rule. of this section, when the State plans to task that supports planning, designing,

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developing, installing, operating, or (b) Other terms as they appear in services described in title IV–B and title maintaining a CCWIS. §§ 1355.50 through 1355.59 are defined IV–E. Automated function means a in 45 CFR 95.605. (d) Data quality requirements. (1) The computerized process or collection of ■ 9. Revise § 1355.52 to read as follows: CCWIS data described in paragraph (b) related processes to achieve a purpose of this section must: § 1355.52 CCWIS project requirements. or goal. (i) Meet the applicable federal, and Child welfare contributing agency (a) Efficient, economical, and effective state or tribal standards for means a public or private entity that, by requirement. The title IV–E agency’s completeness, timeliness, and accuracy; contract or agreement with the title IV– CCWIS must support the efficient, (ii) Be consistently and uniformly E agency, provides child abuse and economical, and effective collected by CCWIS and, if applicable, neglect investigations, placement, or administration of the title IV–B and IV– child welfare contributing agency child welfare case management (or any E plans pursuant to section systems; combination of these) to children and 474(a)(3)(C)(iv) of the Act by: (iii) Be exchanged and maintained in accordance with confidentiality families. (1) Improving program management requirements in section 471(a)(8) of the Data exchange means the automated, and administration by maintaining all Act, and 45 CFR 205.50, and 42 U.S.C. electronic submission or receipt of program data required by federal, state 5106a(b)(2)(B)(viii)–(x) of the Child information, or both, between two or tribal law or policy; Abuse Prevention and Treatment Act, if automated data processing systems. (2) Appropriately applying computer applicable, and other applicable federal Data exchange standard means the technology; (3) Not requiring duplicative and state or tribal laws; common data definitions, data formats, application system development or (iv) Support child welfare policies, data values, and other guidelines that software maintenance; and goals, and practices; and the state’s or tribe’s automated data (4) Ensuring costs are reasonable, (v) Not be created by default or processing systems follow when appropriate, and beneficial. inappropriately assigned. exchanging data. (b) CCWIS data requirements. The (2) The title IV–E agency must New CCWIS project means a project to title IV–E agency’s CCWIS must implement and maintain automated build an automated data processing maintain: functions in CCWIS to: system meeting all requirements in (1) Title IV–B and title IV–E data that (i) Regularly monitor CCWIS data § 1355.52 and all automated functions supports the efficient, effective, and quality; meet the requirements in § 1355.53(a). economical administration of the (ii) Alert staff to collect, update, Non-S/TACWIS project means an programs including: correct, and enter CCWIS data; (iii) Send electronic requests to child active automated data processing system (i) Data required for ongoing federal welfare contributing agency systems to or project that, prior to the effective date child welfare reports; submit current and historical data to the of these regulations, ACF had not (ii) Data required for title IV–E CCWIS; classified as a S/TACWIS and for which: eligibility determinations, (i) ACF approved a development (iv) Prevent, to the extent practicable, authorizations of services, and the need to re-enter data already procurement; or expenditures under IV–B and IV–E; (ii) The applicable state or tribal captured or exchanged with the CCWIS; (iii) Data to support federal child and agency approved a development welfare laws, regulations, and policies; procurement below the thresholds of 45 (v) Generate reports of continuing or and unresolved CCWIS data quality CFR 95.611(a); or (iv) Case management data to support (iii) The operational automated data problems. federal audits, reviews, and other (3) The title IV–E agency must processing system provided the data for monitoring activities; conduct annual data quality reviews to: at least one AFCARS or NYTD file for (2) Data to support state or tribal child (i) Determine if the title IV–E agency submission to the federal system or welfare laws, regulations, policies, and, if applicable, child welfare systems designated by ACF to receive practices, reporting requirements, contributing agencies, meet the the report. audits, program evaluations, and requirements of paragraphs (b), (d)(1), Notice of intent means a record from reviews; and (d)(2) of this section; and the title IV–E agency, signed by the (3) For states, data to support specific (ii) Confirm that the bi-directional governor, tribal leader, or designated measures taken to comply with the data exchanges meet the requirements of state or tribal official and provided to requirements in section 422(b)(9) of the paragraphs (e) and (f) of this section, ACF declaring that the title IV–E agency Act regarding the state’s compliance and other applicable ACF regulations plans to build a CCWIS project that is with the Indian Child Welfare Act; and and policies. below the APD approval thresholds of (4) For each state, data for the (4) The title IV–E agency must 45 CFR 95.611(a). National Child Abuse and Neglect Data enhance CCWIS or the electronic bi- S/TACWIS project means an active System. directional data exchanges or both to automated data processing system or (c) Reporting requirements. The title correct any findings from reviews project that, prior to the effective date of IV–E agency’s CCWIS must use the data described at paragraph (d)(3) of this these regulations, ACF classified as a S/ described in paragraph (b) of this section. TACWIS and for which: section to: (5) The title IV–E agency must (i) ACF approved a procurement to (1) Generate, or contribute to, required develop, implement, and maintain a develop a S/TACWIS; or title IV–B or IV–E federal reports CCWIS data quality plan in a manner (ii) The applicable state or tribal according to applicable formatting and prescribed by ACF and include it as part agency approved a development submission requirements; and of Annual or Operational APDs procurement for a S/TACWIS below the (2) Generate, or contribute to, reports submitted to ACF as required in 45 CFR thresholds of 45 CFR 95.611(a). needed by state or tribal child welfare 95.610. The CCWIS data quality plan Transition period means the 24 laws, regulations, policies, practices, must: months after the effective date of these reporting requirements, audits, and (i) Describe the comprehensive regulations. reviews that support programs and strategy to promote data quality

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including the steps to meet the (g) Automated eligibility applicable to all CCWIS projects below requirements at paragraphs (d)(1) determination requirements. (1) A state the APD submission thresholds at 45 through (3) of this section; and title IV–E agency must use the same CFR 95.611. (ii) Report the status of compliance automated function or the same group of ■ 10. Revise § 1355.53 to read as with paragraph (d)(1) of this section. automated functions for all title IV–E follows: (e) Bi-directional data exchanges. (1) eligibility determinations. The CCWIS must support one bi- (2) A tribal title IV–E agency must, to § 1355.53 CCWIS design requirements. directional data exchange to exchange the extent practicable, use the same (a) Except as exempted in paragraph relevant data with: automated function or the same group of (b) of this section, automated functions (i) Systems generating the financial automated functions for all title IV–E contained in a CCWIS must: payments and claims for titles IV–B and eligibility determinations. IV–E per paragraph (b)(1)(ii) of this (h) Software provision requirement. (1) Follow a modular design that section, if applicable; The title IV–E agency must provide a includes the separation of business rules (ii) Systems operated by child welfare copy of the agency-owned software that from core programming; contributing agencies that are collecting is designed, developed, or installed with (2) Be documented using plain or using data described in paragraph (b) FFP and associated documentation to language; of this section, if applicable; the designated federal repository within (3) Adhere to a state, tribal, or (iii) Each system used to calculate one the Department upon request. industry defined standard that promotes or more components of title IV–E (i) Submission requirements. (1) efficient, economical, and effective eligibility determinations per paragraph Before claiming funding in accordance development of automated functions (b)(1)(ii) of this section, if applicable; with a CCWIS cost allocation, a title IV– and produces reliable systems; and and E agency must submit an APD or, if (4) Be capable of being shared, (iv) Each system external to CCWIS below the APD submission thresholds leveraged, and reused as a separate used by title IV–E agency staff to collect defined at 45 CFR 95.611, a Notice of component within and among states and CCWIS data, if applicable. Intent that includes: tribes. (2) To the extent practicable, the title (i) A project plan describing how the (b) CCWIS automated functions may IV–E agency’s CCWIS must support one CCWIS will meet the requirements in be exempt from one or more of the bi-directional data exchange to paragraphs (a) through (h) of this section requirements in paragraph (a) of this exchange relevant data, including data and, if applicable § 1355.54; that may benefit IV–E agencies and data (ii) A list of all automated functions section if: exchange partners in serving clients and included in the CCWIS; and (1) The CCWIS project meets the improving outcomes, with each of the (iii) A notation of whether each requirements of § 1355.56(b) or following state or tribal systems: automated function listed in paragraph § 1355.56(f)(1); or (i) Child abuse and neglect system(s); (i)(1)(ii) of this section meets, or when (2) ACF approves, on a case-by-case (ii) System(s) operated under title IV– implemented will meet, the following basis, an alternative design proposed by A of the Act; requirements: a title IV–E agency that is determined by (iii) Systems operated under title XIX (A) The automated function supports ACF to be more efficient, economical, of the Act including: at least one requirement of this section and effective than what is found in (A) Systems to determine Medicaid or, if applicable § 1355.54; paragraph (a) of this section. eligibility; and (B) The automated function is not ■ 11. Revise § 1355.54 to read as (B) Mechanized claims processing and duplicated within the CCWIS or systems follows: information retrieval systems as defined supporting child welfare contributing at 42 CFR 433.111(b); agencies and is consistently used by all § 1355.54 CCWIS options. (iv) Systems operated under title IV– child welfare users responsible for the If a project meets, or when completed D of the Act; area supported by the automated will meet, the requirements of (v) Systems operated by the court(s) of function; and § 1355.52, then ACF may approve competent jurisdiction over title IV–E (C) The automated function complies CCWIS funding described at § 1355.57 foster care, adoption, and guardianship with the CCWIS design requirements for other ACF-approved data exchanges programs; described under § 1355.53(a), unless or automated functions that are (vi) Systems operated by the state or exempted in accordance with necessary to achieve title IV–E or IV–B tribal education agency, or school § 1355.53(b). programs goals. districts, or both. (2) Annual APD Updates and (f) Data exchange standard Operational APDs for CCWIS projects ■ 12. Revise § 1355.55 to read as requirements. The title IV–E agency must include: follows: must use a single data exchange (i) An updated list of all automated § 1355.55 Review and assessment of standard that describes data, definitions, functions included in the CCWIS; CCWIS projects. formats, and other specifications upon (ii) A notation of whether each implementing a CCWIS: automated function listed in paragraph ACF will review, assess, and inspect (1) For bi-directional data exchanges (i)(2)(i) of this section meets the the planning, design, development, between CCWIS and each child welfare requirements of paragraph (i)(1)(iii)(B) installation, operation, and maintenance contributing agency; of this section; and of each CCWIS project on a continuing (2) For internal data exchanges (iii) A description of changes to the basis, in accordance with APD between CCWIS automated functions scope or the design criteria described at requirements in 45 CFR part 95, subpart where at least one of the automated § 1355.53(a) for any automated function F, to determine the extent to which the functions meets the requirements of listed in paragraph (i)(2)(i) of this project meets the requirements in § 1355.53(a); and section. §§ 1355.52, 1355.53, 1355.56, and, if (3) For data exchanges with systems (j) Other applicable requirements. applicable, § 1355.54. described under paragraph (e)(1)(iv) of Regulations at 45 CFR 95.613 through ■ 13. Revise § 1355.56 to read as this section. 95.621 and 95.626 through 95.641 are follows:

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§ 1355.56 Requirements for S/TACWIS and (i) Supports programs authorized ■ 15. Add § 1355.58 to read as follows: non-S/TACWIS projects during and after the under titles IV–B or IV–E, and at least transition period. one requirement of § 1355.52 or, if § 1355.58 Failure to meet the conditions of the approved APD. (a) During the transition period a title applicable § 1355.54; and IV–E agency with a S/TACWIS project (ii) Is not duplicated within either the (a) In accordance with 45 CFR 75.371 may continue to claim title IV–E CCWIS or systems supporting child through 75.375 and 45 CFR 95.635, ACF funding according to the cost allocation welfare contributing agencies and is may suspend title IV–B and title IV–E methodology approved by ACF for consistently used by all child welfare funding approved in the APD if ACF development or the operational cost users responsible for the area supported determines that the title IV–E agency allocation plan approved by the by the automated function. fails to comply with APD requirements Department, or both. (b) CCWIS cost allocation for new in 45 CFR part 95, subpart F, or meet the (b) A S/TACWIS project must meet CCWIS projects. (1) Unless exempted in requirements at § 1355.52 or, if the submission requirements of accordance with § 1355.53(b)(2), all applicable, § 1355.53, 1355.54, or § 1355.52(i)(1) during the transition automated functions of a new CCWIS 1355.56. period to qualify for the CCWIS cost project must meet the CCWIS design (b) Suspension of CCWIS funding allocation methodology described in requirements described under begins on the date that ACF determines § 1355.57(a) after the transition period. § 1355.53(a). the title IV–E agency failed to: (c) A title IV–E agency with a S/ (2) An automated function of a CCWIS (1) Comply with APD requirements in TACWIS may request approval to project described in paragraph (b)(1) of 45 CFR part 95, subpart F; or initiate a new CCWIS and qualify for the this section may qualify for a CCWIS (2) Meet the requirements at § 1355.52 CCWIS cost allocation methodology cost allocation if the automated or, if applicable, § 1355.53, 1355.54, or described in § 1355.57(b) by meeting the function: 1355.56 and has not corrected the failed submission requirements of (i) Supports programs authorized requirements according to the time § 1355.52(i)(1). under titles IV–B or IV–E, and at least frame in the approved APD. (d) A title IV–E agency that elects not one requirement of § 1355.52 or, if (c) The suspension will remain in to transition a S/TACWIS project to a applicable § 1355.54; and effect until the date that ACF: CCWIS project must: (ii) Is not duplicated within the (1) Determines that the title IV–E (1) Notify ACF in an APD or Notice CCWIS or other systems supporting of Intent submitted during the transition agency complies with 45 CFR part 95, child welfare contributing agencies and subpart F; or period of this election; and is consistently used by all child welfare (2) Continue to use the S/TACWIS (2) Approves a plan to change the users responsible for the area supported through its life expectancy in application to meet the requirements at by the automated function. accordance with 45 CFR 95.619. § 1355.52 and, if applicable, § 1355.53, (e) A title IV–E agency that elects not (c) CCWIS cost allocation for 1355.54, or 1355.56. to transition its S/TACWIS project to a approved activities. The Department (d) If ACF suspends an APD, or the CCWIS and fails to meet the may approve a CCWIS cost allocation title IV–E agency voluntarily ceases the requirements of paragraph (d) of this for an approved activity for a CCWIS design, development, installation, section is subject to funding recoupment project meeting the requirements of operation, or maintenance of an described under § 1355.58(d). paragraph (a) or (b) of this section. approved CCWIS, ACF may recoup all (f) A title IV–E agency with a non-S/ (d) Project cost allocation. A title IV– title IV–E funds claimed for the CCWIS TACWIS (as defined in § 1355.51) that E agency must allocate project costs in project. elects to build a CCWIS or transition to accordance with applicable HHS a CCWIS must meet the submission regulations and other guidance. § 1355.59 [Reserved] requirements of § 1355.52(i)(1): (e) CCWIS cost allocation. (1) A title ■ 16. Add and reserve § 1355.59. (1) During the transition period to IV–E agency may allocate CCWIS qualify for a CCWIS cost allocation as development and operational costs to PART 1356—REQUIREMENTS described at § 1355.57(a); or title IV–E for the share of approved APPLICABLE TO TITLE IV–E (2) At any time to request approval to activities and automated functions that: ■ 17. The authority citation for part initiate a new CCWIS and qualify for a (i) Are approved by the Department; 1356 continues to read as follows: CCWIS cost allocation as described at (ii) Meet the requirements of § 1355.57(b). paragraphs (a), (b), or (c) of this section; Authority: 42 U.S.C. 620 et seq., 42 U.S.C. ■ 14. Revise § 1355.57 to read as and 670 et seq.; 42 U.S.C. 1302. (iii) Benefit federal, state or tribal follows: ■ 18. Revise paragraph (e) of § 1356.60 funded participants in programs and to read as follows: § 1355.57 Cost allocation for CCWIS allowable activities described in title projects. IV–E of the Act to the title IV–E § 1356.60 Fiscal requirements (title IV–E). (a) CCWIS cost allocation for projects program. * * * * * transitioning to CCWIS. (1) All (2) A title IV–E agency may also (e) Federal matching funds for CCWIS automated functions developed after the allocate CCWIS development costs to and Non-CCWIS. Federal matching transition period for projects meeting title IV–E for the share of system funds are available at the rate of fifty the requirements of § 1355.56(b) or approved activities and automated percent (50%). Requirements for the § 1355.56(f)(1) must meet the CCWIS functions that meet requirements cost allocation of CCWIS and non- design requirements described under (e)(1)(i) and (ii) of this section and: CCWIS project costs are at § 1355.57 of § 1355.53(a), unless exempted by (i) Benefit title IV–B programs; or this chapter. § 1355.53(b)(2). (ii) Benefit both title IV–E and child (2) The Department may approve the welfare related programs. Editorial Note: This document was applicable CCWIS cost allocation for an (f) Non-CCWIS cost allocation. Title received for publication by the Office of the automated function of a project IV–E costs not previously described in Federal Register on July 30, 2015. transitioning to a CCWIS if the this section may be charged to title IV– [FR Doc. 2015–19087 Filed 8–10–15; 8:45 am] automated function: E in accordance with § 1356.60(d) . BILLING CODE P

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Part V

The President

Notice of August 7, 2015—Continuation of the National Emergency With Respect to Export Control Regulations

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Federal Register Presidential Documents Vol. 80, No. 154

Tuesday, August 11, 2015

Title 3— Notice of August 7, 2015

The President Continuation of the National Emergency With Respect to Ex- port Control Regulations

On August 17, 2001, consistent with the authority provided to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the President issued Executive Order 13222. In that order, he declared a national emergency with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States in light of the expiration of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.). Because the Export Administration Act has not been renewed by the Congress, the national emergency declared on August 17, 2001, must continue in effect beyond August 17, 2015. 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 13222. This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, August 7, 2015. [FR Doc. 2015–19882 Filed 8–10–15; 11:15 am] Billing code 3295–F5

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Reader Aids Federal Register Vol. 80, No. 154 Tuesday, August 11, 2015

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Proposed Rules: Presidential Documents 2 CFR 39 ...... 45900, 45902, 46206, Executive orders and proclamations 741–6000 Proposed Rules: 47871 The United States Government Manual 741–6000 3474...... 47254 71...... 46525 Other Services 3 CFR 15 CFR Electronic and on-line services (voice) 741–6020 Proclamations: 744...... 47402 Privacy Act Compilation 741–6064 9305...... 46175 746...... 47402 Public Laws Update Service (numbers, dates, etc.) 741–6043 Executive Orders: Proposed Rules: 13702...... 46177 902...... 48172 ELECTRONIC RESEARCH 13703...... 46181 Administrative Orders: 16 CFR World Wide Web Notices: Proposed Rules: Notice of August 7, Ch. II ...... 48043 Full text of the daily Federal Register, CFR and other publications 2015 ...... 48233 312...... 47429 is located at: www.fdsys.gov. Federal Register information and research tools, including Public 6 CFR 17 CFR Inspection List, indexes, and Code of Federal Regulations are Proposed Rules: 241...... 47829 located at: www.ofr.gov. 19...... 47284 19 CFR E-mail 7 CFR 181...... 47405 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 6...... 46185 191...... 47405 an open e-mail service that provides subscribers with a digital 301...... 48001 351...... 46793 form of the Federal Register Table of Contents. The digital form 319...... 48002 of the Federal Register Table of Contents includes HTML and 457...... 48003 20 CFR PDF links to the full text of each document. 1208...... 46789 422...... 47831 Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select 21 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list 16...... 47244 (or change settings); then follow the instructions. 1051...... 47210 73...... 46190 3560...... 46853 866...... 46190 PENS (Public Law Electronic Notification Service) is an e-mail 874...... 46192 service that notifies subscribers of recently enacted laws. 9 CFR 878...... 46485 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: Proposed Rules: and select Join or leave the list (or change settings); then follow 201...... 47871 1308...... 48044 the instructions. 10 CFR 22 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot respond to specific inquiries. 1...... 45841 Proposed Rules: 37...... 45841 205...... 47238 Reference questions. Send questions and comments about the 40...... 45841 Federal Register system to: [email protected] 50...... 45841 24 CFR The Federal Register staff cannot interpret specific documents or 55...... 45841 5...... 46486 regulations. 74...... 45841 200...... 48024 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 75...... 45841 232...... 48024 longer appears in the Federal Register. This information can be 429...... 46730 Proposed Rules: found online at http://bookstore.gpo.gov/. 430...... 46730, 48004 5...... 47302 Proposed Rules: 92...... 47302 429...... 46855, 46870 200...... 47874 FEDERAL REGISTER PAGES AND DATE, AUGUST 430...... 46521, 46855 570...... 47302 45841–46180...... 3 431...... 46870 574...... 47302 46181–46484...... 4 576...... 47302 12 CFR 578...... 47302 46485–46788...... 5 701...... 45844 582...... 47302 46789–47398...... 6 702...... 48010 583...... 47302 47399–47828...... 7 1003...... 47302 47829–48000...... 10 14 CFR 48001–48234...... 11 25...... 47399, 47400 26 CFR 39 ...... 45851, 45853, 45857, 1...... 45865, 46795 46187, 48013, 48018, 48019, 602...... 45865, 46795 48022 Proposed Rules: 65...... 46791 1 ...... 45905, 46882, 47430 97...... 45860, 45862 25...... 47430 1217...... 45864 26...... 47430

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301...... 47430 50...... 47340 484...... 46215 212...... 45918 61...... 47340 215...... 45918 27 CFR 62...... 47340 43 CFR 252...... 45918 9...... 47408 2...... 45893 39 CFR Proposed Rules: 44 CFR 49 CFR 9...... 46883 Proposed Rules: 3050...... 46214 64...... 45894 27...... 46508 28 CFR 192...... 46847 40 CFR 45 CFR 553...... 45883 193...... 46847 52 ...... 45887, 45890, 46201, Proposed Rules: 195...... 46847 Proposed Rules: 232...... 47350 38...... 47316 46494, 46804, 47857, 47859, 87...... 47272 47862, 48033, 48036 95...... 48200 611...... 46514 29 CFR 180...... 46816 1050...... 47272 Proposed Rules: 1600...... 46822 1355...... 48200 1956...... 46487 191...... 46930 Proposed Rules: 1356...... 48200 192...... 46930 Proposed Rules: 9...... 45914, 46526 195...... 46930 2...... 47328 46 CFR 22...... 45914, 46526 512...... 45914, 46526 1910...... 47566 52 ...... 45915, 47880, 47883, Proposed Rules: 523...... 45914, 46526 31 CFR 48051 296...... 46527 534...... 45914, 46526 85...... 45914, 46526 535...... 45914, 46526 Proposed Rules: 47 CFR 86...... 45914, 46526 537...... 45914, 46526 23...... 46208 123...... 47430 20...... 45897 541...... 46930 32 CFR 131...... 47430 63...... 45898 583...... 45914, 46526 233...... 47430 73...... 46824 199...... 46796 501...... 47430 Proposed Rules: 238...... 47834 600...... 45914, 46526 0...... 46900 50 CFR 33 CFR 721...... 47441 2...... 46900 17...... 47418, 48142 1033...... 45914, 46526 11...... 47886 218...... 46112 117 ...... 46492, 47410, 47411, 1036...... 45914, 46526 15...... 46900 300...... 46515 47850, 47851, 47852 1037...... 45914, 46526 18...... 46900 622...... 46205, 48041 147...... 47852 1039...... 45914, 46526 54...... 45916, 47448 635...... 46516 165 ...... 45885, 45886, 46194, 1042...... 45914, 46526 73...... 45917 648...... 46518, 46848 47855 1065...... 45914, 46526 90...... 46928 660...... 46519, 46852 1066...... 45914, 46526 679...... 46520, 47864 34 CFR 48 CFR 1068...... 45914, 46526 Proposed Rules: Ch. III...... 46799, 48028 207...... 45899 20...... 46218, 47388 42 CFR Proposed Rules: Proposed Rules: 216...... 48172 75...... 47254 110...... 47411 1...... 46531 219...... 46939 76...... 47254 412...... 46652, 47036 4...... 46531 222...... 45924 418...... 47142 9...... 46531 223...... 48053, 48061 38 CFR 483...... 46390 17...... 46531 224...... 48053, 48061 17...... 46197 Proposed Rules: 22...... 46531 600...... 46941 Proposed Rules: 409...... 46215 52...... 46531 648...... 46531 4...... 46888 424...... 46215 202...... 45918 697...... 46533

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(phone, 202–512–1808). The H.R. 2131/P.L. 114–48 text will also be made LIST OF PUBLIC LAWS available on the Internet from To designate the Federal Public Laws Electronic GPO’s Federal Digital System building and United States Notification Service This is a continuing list of (FDsys) at http://www.gpo.gov/ courthouse located at 83 (PENS) public bills from the current fdsys. Some laws may not yet Meeting Street in Charleston, session of Congress which be available. South Carolina, as the ‘‘J. have become Federal laws. Waties Waring Judicial PENS is a free electronic mail This list is also available H.R. 212/P.L. 114–45 notification service of newly Center’’. (Aug. 7, 2015; 129 online at http:// Drinking Water Protection Act enacted public laws. To Stat. 488) www.archives.gov/federal- (Aug. 7, 2015; 129 Stat. 473) subscribe, go to http:// register/laws. H.R. 1138/P.L. 114–46 listserv.gsa.gov/archives/ H.R. 2559/P.L. 114–49 publaws-l.html The text of laws is not Sawtooth National Recreation published in the Federal Area and Jerry Peak To designate the ‘‘PFC Milton Note: This service is strictly Register but may be ordered Wilderness Additions Act (Aug. A. Lee Medal of Honor for E-mail notification of new in ‘‘slip law’’ (individual 7, 2015; 129 Stat. 476) Memorial Highway’’ in the laws. The text of laws is not pamphlet) form from the H.R. 1531/P.L. 114–47 State of Texas. (Aug. 7, 2015; available through this service. Superintendent of Documents, Land Management Workforce 129 Stat. 489) PENS cannot respond to U.S. Government Publishing Flexibility Act (Aug. 7, 2015; specific inquiries sent to this Office, Washington, DC 20402 129 Stat. 485) Last List August 10, 2015 address.

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