Vol. 81 Friday, No. 29 February 12, 2016 Pages 7441–7694

Vol. 81 Friday, No. 29 February 12, 2016

Pages 7441–7694

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 81, No. 29

Friday, February 12, 2016

Agriculture Department Energy Department See National Institute of Food and Agriculture See Energy Information Administration See Rural Utilities Service See Federal Energy Regulatory Commission RULES NOTICES Agriculture Acquisition Regulation, Fire Suppression and Meetings: Liability, 7478–7480 Electricity Advisory Committee, 7531–7532 State Energy Advisory Board, 7530–7531 Centers for Medicare & Medicaid Services RULES Energy Information Administration Medicare Program: NOTICES Reporting and Returning of Overpayments, 7654–7684 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Civil Rights Commission Generic Clearance for the Collection of Qualitative NOTICES Feedback on Agency Service Delivery, 7532–7533 Meetings; Sunshine Act, 7499–7500 Environmental Protection Agency Coast Guard RULES PROPOSED RULES Allocations of Cross-State Air Pollution Rule Allowances Special Local Regulations: from New Unit Set-Asides for the 2015 Compliance Chesapeake Bay, between Sandy Point and Kent Island, Year, 7466 MD, 7481–7483 Clean Air Act Operating Permit Programs: NOTICES West Virginia; Revision, 7463–7465 Policy Letters: Pesticide Tolerances: Guidance for Training of Deck Officers on Vessels Subject Diflubenzuron, 7466–7472 to the International Code for Ships Operating in the Requirements of a Tolerance; Exemptions: Polar Waters, 7552–7553 Benzyl acetate, 7473–7477 Significant New Use Rule on Certain Chemical Substances, Commerce Department 7455–7463 See Foreign-Trade Zones Board PROPOSED RULES Air Quality State Implementation Plans; Approvals and See International Trade Administration Promulgations: See National Institute of Standards and Technology California; San Joaquin Valley Unified Air Pollution See National Oceanic and Atmospheric Administration Control District, 7489 Committee for Purchase From People Who Are Blind or Idaho; Interstate Transport Requirements for the 2010 Severely Disabled Nitrogen Dioxide National Ambient Air Quality Standards, 7489–7491 NOTICES Tennessee; Removal of I/M Program in Memphis and Procurement List; Additions, 7510 Revisions to the 1997 8-Hour Ozone Maintenance Procurement List; Additions and Deletions, 7508–7510 Plan for Shelby County, TN, 7483–7489 Proposed Additions to and Deletion from the Procurement NOTICES List, 7510–7511 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consumer Product Safety Commission EPA’s ENERGY STAR Program in the Commercial and NOTICES Industrial Sectors, 7538–7539 Agency Information Collection Activities; Proposals, Landfill Methane Outreach Program, 7539–7540 Submissions, and Approvals: On-Highway Motorcycle Certification and Compliance Requirements Pertaining to Third Party Conformity Program, 7536–7537 Assessment Bodies, 7511–7512 Recordkeeping and Reporting Related to RFS2 Voluntary RIN Quality Assurance Program, 7537–7538 Corporation for National and Community Service Environmental Impact Statements; Availability, etc., 7538 NOTICES Agency Information Collection Activities; Proposals, Federal Communications Commission Submissions, and Approvals, 7512–7513 RULES Broadcast Licensee-Conducted Contests, 7477–7478 Defense Department PROPOSED RULES NOTICES Petitions for Reconsideration of Action in a Rulemaking Arms Sales, 7513–7520, 7522–7530 Proceeding, 7491–7492 Arms Sales Notification, 7520–7522 NOTICES Agency Information Collection Activities; Proposals, Drug Enforcement Administration Submissions, and Approvals, 7540–7541 NOTICES List of Reserve-Eligible Nationwide Service Providers in Manufacturers of Controlled Substances; Applications: Each Partial Economic Area for the Broadcast Incentive Noramco, Inc., Athens, GA, 7587–7588 Auction, 7542–7543

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Order Declares ACT Telecommunications, Inc.’s Labeling of Certain Beers Subject to the Labeling International Section 214 Authorization Terminated, Jurisdiction of the Food and Drug Administration, 7542 7547 Manufactured Food Regulatory Program Standards, 7544– Federal Emergency Management Agency 7546 NOTICES Registration of Producers of Drugs and Listing of Drugs in Adjustment of Statewide Per Capita Indicator for Commercial Distribution, 7548 Recommending a Cost Share Adjustment, 7558–7559 Request for Samples and Protocols, 7546 Changes in Flood Hazard Determinations, 7559–7561 Government-Owned Inventions; Availability for Licensing: Major Disaster Declarations: Influenza virus neuramindase, 7547–7548 Texas; Amendment No. 3, 7563 Guidance: Proposed Flood Hazard Determinations, 7557–7558, 7561– Characterization of Ultrahigh Molecular Weight 7563 Polyethylene Used in Orthopedic Devices, 7543–7544 Meetings: Federal Energy Regulatory Commission Annual Computational Science Symposium; Public NOTICES Conference, 7548–7549 Combined Filings, 7534–7535 Gastrointestinal Drugs Advisory Committee, 7546–7547 Complaints: Dominion Energy Marketing, Inc., Dominion Energy Foreign-Trade Zones Board Manchester Street, Inc. v. ISO New England, Inc., NOTICES 7534–7535 Proposed Production Activities: Hydroelectric Applications: Thoma-Sea Marine Constructors, L.L.C., Foreign-Trade Idaho Power Company, 7533–7534 Zone 279—Terrebonne Parish, LA, 7500 Southern California Edison Company, 7535–7536 Geological Survey Federal Motor Carrier Safety Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Hours of Service of Drivers; Exemption Applications: Submissions, and Approvals, 7582–7583 Farruggio’s Express, 7626–7627 Charter Renewals: National Geospatial Advisory Committee, 7583 Federal Railroad Administration NOTICES Health and Human Services Department Agency Information Collection Activities; Proposals, See Centers for Medicare & Medicaid Services Submissions, and Approvals, 7628–7629 See Food and Drug Administration See National Institutes of Health Federal Reserve System NOTICES Homeland Security Department Changes in Bank Control: See Coast Guard Acquisitions of Shares of a Bank or Bank Holding See Federal Emergency Management Agency Company, 7543 See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Fish and Wildlife Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Endangered and Threatened Wildlife and Plants: Submissions, and Approvals: Initiation of 5-Year Status Reviews of 76 species in Infrastructure Protection Gateway Facility Surveys, 7563– Hawaii, Oregon, Washington, Montana, and Idaho, 7564 7571–7573 Endangered Species Permits, 7573–7582 Housing and Urban Development Department NOTICES Food and Drug Administration Federal Property Suitable as Facilities to Assist the RULES Homeless, 7632–7651 Anesthesiology Devices: Guidance: Reclassification of Membrane Lung for Long-Term Community Development Block Grant Disaster Recovery, Pulmonary Support; Redesignation as Extracorporeal 7567–7569 Circuit and Accessories for Long-Term Respiratory/ Mortgage and Loan Insurance Programs under the National Cardiopulmonary Failure, 7446–7452 Housing Act: Medical Devices: Debenture Interest Rates, 7569–7571 General and Plastic Surgery Devices; Classification of the Scalp Cooling System to Reduce the Likelihood of Indian Affairs Bureau Chemotherapy–Induced Alopecia, 7452–7454 NOTICES Removal of Review and Reclassification Procedures for Indian Gaming; Extension of Tribal-State Class III Gaming Biological Products Licensed Prior to July 1, 1972, Compact; Crow Creek Sioux Tribe and the State of 7445–7446 South Dakota, 7583–7584 NOTICES Agency Information Collection Activities; Proposals, Information Security Oversight Office Submissions, and Approvals: NOTICES Guidance for Industry on Formal Meetings with Sponsors Meetings: and Applicants for Prescription Drug User Fee Act National Industrial Security Program Policy Advisory Products, 7549 Committee, 7594–7595

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Interior Department National Highway Traffic Safety Administration See Fish and Wildlife Service PROPOSED RULES See Geological Survey Petition for Rulemaking; Denials: See Indian Affairs Bureau Federal Motor Vehicle Safety Standards, 7492–7493

National Institute of Food and Agriculture International Trade Administration NOTICES NOTICES Interagency Special Report: Antidumping or Countervailing Duty Investigations, Orders, 2nd State of the Carbon Cycle Report, 7497–7499 or Reviews: Certain Magnesia Carbon Bricks from Mexico and the National Institute of Standards and Technology People’s Republic of China, 7502 NOTICES Citric Acid and Certain Citrate Salts from Canada, 7500– Views on the Framework for Improving Critical 7502 Infrastructure Cybersecurity, 7506 Drawn Stainless Steel Sinks from the People’s Republic of China; Changed Circumstances Review, 7504–7506 National Institutes of Health Light-Walled Rectangular Pipe and Tube from Turkey, NOTICES 7503–7504 Meetings: National Institute of General Medical Sciences, 7549– International Trade Commission 7550, 7552 NOTICES National Institute on Drug Abuse, 7550–7552 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: National Oceanic and Atmospheric Administration Certain Corrosion-Resistant Steel Products from China, PROPOSED RULES India, Italy, Korea, and Taiwan, 7585–7587 Pacific Island Fisheries: Investigations; Determinations, Modifications, and Rulings, Hawaii Bottomfish and Seamount Groundfish; Revised etc.: Essential Fish Habitat and Habitat Areas of Particular Stainless Steel Products, Certain Processes for Concern, 7494–7496 Manufacturing or Relating to Same, and Certain Trade Monitoring Procedures for Fishery Products; Products Containing Same, 7584–7585 International Trade in Seafood: Stainless Steel Wire Rod from Italy, Japan, Korea, Spain, Permit Requirements for Importers and Exporters Public and Taiwan, 7587 Meetings; Correction, 7493 Meetings; Sunshine Act, 7587 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7507 Justice Department Meetings: See Drug Enforcement Administration Pacific Fishery Management Council, 7507–7508 NOTICES Agency Information Collection Activities; Proposals, National Science Foundation Submissions, and Approvals: NOTICES ATF Distribution Center Survey, ATF F 1370.4, 7590 Permits Issued under the Antarctic Conservation Act of Contraband Cigarette Trafficking Act Delivery Sale 1978, 7595 Information Form—Schedule B, 7591–7592 FFL Out of Business Records Request, ATF F 5300.3A, Pension Benefit Guaranty Corporation 7588 RULES Manufacturers of Ammunition, Records and Supporting Benefits Payable in Terminated Single-Employer Plans; Data of Ammunition Manufactured and Disposed Of, Interest Assumptions for Paying Benefits, 7454–7455 7588–7589 Reporting and Recordkeeping for Digital Certificates, Postal Regulatory Commission 7592 NOTICES Tobacco Inventory Report, 7590–7591 New Postal Products, 7595–7596 Voluntary Magazine Questionnaire For Agencies/Entities Who Store Explosive Materials, 7589–7590 Presidential Documents EXECUTIVE ORDERS Labor Department Committees; Establishment, Renewal, Termination, etc.: See Workers Compensation Programs Office Enhancing National Cybersecurity, Commission on; Establishment (EO 13718), 7441–7444 National Aeronautics and Space Administration Privacy Council, Federal; Establishment (EO 13719), 7685–7689 NOTICES ADMINISTRATIVE ORDERS Meetings: Balanced Budget and Emergency Deficit Control Act; Aerospace Safety Advisory Panel, 7593 Sequestration Order for FY 2017 (Order of February 9, NASA International Space Station Advisory Committee, 2016), 7691–7693 7593–7594 Science Committee, 7594 Rural Utilities Service NOTICES National Archives and Records Administration Agency Information Collection Activities; Proposals, See Information Security Oversight Office Submissions, and Approvals, 7499

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Securities and Exchange Commission U.S. Customs and Border Protection NOTICES NOTICES Agency Information Collection Activities; Proposals, Commercial Gaugers and Laboratories; Approvals: Submissions, and Approvals, 7596–7597, 7616–7618 Amspec Services, LLC, 7553–7556 Applications: Saybolt LP, 7556 State Farm Associates’ Funds Trust, et al., 7619–7620 Commercial Gaugers and Laboratories; Approvals: and Self-Regulatory Organizations; Proposed Rule Changes: Accreditations: BATS Exchange, Inc., 7599–7609 Inspectorate America Corp., Aston, PA, 7554–7555 Chicago Board Options Exchange, Inc., 7609–7613 ICE Clear Credit LLC, 7613–7616 Veterans Affairs Department NASDAQ PHLX LLC, 7618–7619 NOTICES The NASDAQ Stock Market LLC, 7597–7599, 7620–7623 West Los Angeles VA Medical Center; Draft Master Plan, Small Business Administration 7630 NOTICES Conflicts of Interest Exemption Requests: Workers Compensation Programs Office C3 Capital Partners III, LP, 7624 NOTICES Disaster Declarations: Charter Amendments: Arkansas, 7624–7625 Advisory Board on Toxic Substances and Worker Health, Florida, 7623 7592–7593 Michigan, 7623–7624 Oklahoma; Amendment 1, 7624 State Department Separate Parts In This Issue RULES Visas: Documentation of Nonimmigrants under the Part II Immigration and Nationality Act, as Amended, 7454 Housing and Urban Development Department, 7632–7651

Surface Transportation Board Part III NOTICES Health and Human Services Department, Centers for Trackage Rights Exemptions: Medicare & Medicaid Services, 7654–7684 Wisconsin Central Ltd. from Lines of Union Pacific Railroad Co. and Illinois Central Railroad Co., 7625– 7626 Part IV Presidential Documents, 7685–7689 Transportation Department See Federal Motor Carrier Safety Administration Part V See Federal Railroad Administration Presidential Documents, 7691–7693 See National Highway Traffic Safety Administration U.S. Citizenship and Immigration Services NOTICES Reader Aids Agency Information Collection Activities; Proposals, Consult the Reader Aids section at the end of this issue for Submissions, and Approvals: phone numbers, online resources, finding aids, and notice H–2 Petitioner’s Employment Related or Fee Related of recently enacted public laws. Notification, 7564–7565 To subscribe to the Federal Register Table of Contents Immigrant Petition for Alien Worker, Form I–140; LISTSERV electronic mailing list, go to http:// Extension, 7565–7566 listserv.access.gpo.gov and select Online mailing list Petition for CNMI-Only Nonimmigrant Transitional archives, FEDREGTOC-L, Join or leave the list (or change Worker, 7566–7567 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 Executive Orders: 13718...... 7441 13719...... 7687 Administrative Orders: Order of February 9, 2016 ...... 7693 21 CFR 601...... 7445 868...... 7446 870...... 7446 878...... 7452 22 CFR 41...... 7454 29 CFR 4022...... 7454 33 CFR Proposed Rules: 100...... 7481 40 CFR 9...... 7455 70...... 7463 97...... 7466 180 (2 documents) ...... 7466, 7473 721...... 7455 Proposed Rules: 52 (3 documents) ....7483, 7489 42 CFR 401...... 7654 405...... 7654 47 CFR 73...... 7477 Proposed Rules: 15...... 7491 74...... 7491 48 CFR 436...... 7478 452...... 7478 49 CFR Proposed Rules: 571...... 7492 50 CFR Proposed Rules: 216...... 7493 300...... 7493 665...... 7494

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Federal Register Presidential Documents Vol. 81, No. 29

Friday, February 12, 2016

Title 3— Executive Order 13718 of February 9, 2016

The President Commission on Enhancing National Cybersecurity

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to enhance cybersecurity awareness and protections at all levels of Government, business, and society, to protect privacy, to ensure public safety and economic and national security, and to empower Americans to take better control of their digital security, it is hereby ordered as follows: Section 1. Establishment. There is established within the Department of Commerce the Commission on Enhancing National Cybersecurity (Commis- sion). Sec. 2. Membership. (a) The Commission shall be composed of not more than 12 members appointed by the President. The members of the Commis- sion may include those with knowledge about or experience in cybersecurity, the digital economy, national security and law enforcement, corporate governance, risk management, information technology (IT), privacy, identity management, Internet governance and standards, government administration, digital and social media, communications, or any other area determined by the President to be of value to the Commission. The Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate are each invited to recommend one individual for membership on the Com- mission. No federally registered lobbyist or person presently otherwise employed by the Federal Government may serve on the Commission. (b) The President shall designate one member of the Commission to serve as the Chair and one member of the Commission to serve as the Vice Chair. Sec. 3. Mission and Work. The Commission will make detailed recommendations to strengthen cybersecurity in both the public and private sectors while protecting privacy, ensuring public safety and economic and national security, fostering discovery and development of new technical solutions, and bolstering partnerships between Federal, State, and local government and the private sector in the development, promotion, and use of cybersecurity technologies, policies, and best practices. The Commission’s recommendations should address actions that can be taken over the next decade to accomplish these goals. (a) In developing its recommendations, the Commission shall identify and study actions necessary to further improve cybersecurity awareness, risk management, and adoption of best practices throughout the private sector and at all levels of government. These areas of study may include methods to influence the way individuals and organizations perceive and use technology and approach cybersecurity as consumers and providers in the digital economy; demonstrate the nature and severity of cybersecurity threats, the importance of mitigation, and potential ways to manage and reduce the economic impacts of cyber risk; improve access to the knowledge needed to make informed cyber risk management decisions related to privacy, economic impact, and business continuity; and develop partnerships with industry, civil society, and international stakeholders. At a minimum, the Commission shall develop recommendations regarding: (i) how best to bolster the protection of systems and data, including how to advance identity management, authentication, and cybersecurity

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of online identities, in light of technological developments and other trends; (ii) ensuring that cybersecurity is a core element of the technologies associated with the Internet of Things and cloud computing, and that the policy and legal foundation for cybersecurity in the context of the Internet of Things is stable and adaptable; (iii) further investments in research and development initiatives that can enhance cybersecurity; (iv) increasing the quality, quantity, and level of expertise of the cybersecurity workforce in the Federal Government and private sector, including through education and training; (v) improving broad-based education of commonsense cybersecurity practices for the general public; and (vi) any other issues that the President, through the Secretary of Commerce (Secretary), requests the Commission to consider. (b) In developing its recommendations, the Commission shall also identify and study advances in technology, management, and IT service delivery that should be developed, widely adopted, or further tested throughout the private sector and at all levels of government, and in particular in the Federal Government and by critical infrastructure owners and operators. These areas of study may include cybersecurity technologies and other advances that are responsive to the rapidly evolving digital economy, and approaches to accelerating the introduction and use of emerging methods designed to enhance early detection, mitigation, and management of cyber risk in the security and privacy, and business and governance sectors. At a minimum, the Commission shall develop recommendations regarding: (i) governance, procurement, and management processes for Federal civilian IT systems, applications, services, and infrastructure, including the following: (A) a framework for identifying which IT services should be developed internally or shared across agencies, and for specific investment priorities for all such IT services; (B) a framework to ensure that as Federal civilian agencies procure, modernize, or upgrade their IT systems, cybersecurity is incorporated into the process; (C) a governance model for managing cybersecurity risk, enhancing resilience, and ensuring appropriate incident response and recovery in the operations of, and delivery of goods and services by, the Federal Govern- ment; and (D) strategies to overcome barriers that make it difficult for the Federal Government to adopt and keep pace with industry best practices; (ii) effective private sector and government approaches to critical infrastructure protection in light of current and projected trends in cybersecurity threats and the connected nature of the United States economy; (iii) steps State and local governments can take to enhance cybersecurity, and how the Federal Government can best support such steps; and (iv) any other issues that the President, through the Secretary, requests the Commission to consider. (c) To accomplish its mission, the Commission shall: (i) reference and, as appropriate, build on successful existing cybersecurity policies, public-private partnerships, and other initiatives; (ii) consult with cybersecurity, national security and law enforcement, privacy, management, technology, and digital economy experts in the public and private sectors;

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(iii) seek input from those who have experienced significant cybersecurity incidents to understand lessons learned from these experiences, including identifying any barriers to awareness, risk management, and investment; (iv) review reported information from the Office of Management and Budget regarding Federal information and information systems, including legacy systems, in order to assess critical Federal civilian IT infrastructures, governance, and management processes; (v) review the impact of technological trends and market forces on existing cybersecurity policies and practices; and (vi) examine other issues related to the Commission’s mission that the Chair and Vice Chair agree are necessary and appropriate to the Commis- sion’s work. (d) Where appropriate, the Commission may conduct original research, commission studies, and hold hearings to further examine particular issues. (e) The Commission shall be advisory in nature and shall submit a final report to the President by December 1, 2016. This report shall be published on a public Web site along with any appropriate response from the President within 45 days after it is provided to the President. Sec. 4. Administration. (a) The Commission shall hold periodic meetings in public forums in an open and transparent environment. (b) In carrying out its mission, the Commission shall be informed by, and shall strive to avoid duplicating, the efforts of other governmental entities. (c) The Commission shall have a staff, headed by an Executive Director, which shall provide support for the functions of the Commission. The Sec- retary shall appoint the Executive Director, who shall be a full-time Federal employee, and the Commission’s staff. The Executive Director may also serve as the Designated Federal Officer in accordance with the Federal Advisory Committee Act, as amended, 5 U.S.C. App. (FACA, the ‘‘Act’’). (d) The Executive Director, in consultation with the Chair and Vice Chair, shall have the authority to create subcommittees as necessary to support the Commission’s work and to examine particular areas of importance. These subcommittees must report their work to the Commission to inform its final recommendations. (e) The Secretary will work with the heads of executive departments and agencies, to the extent permitted by law and consistent with their ongoing activities, to provide the Commission such information and cooperation as it may require for purposes of carrying out its mission. Sec. 5. Termination. The Commission shall terminate within 15 days after it presents its final report to the President, unless extended by the President. Sec. 6. General Provisions. (a) To the extent permitted by law, and subject to the availability of appropriations, the Secretary shall direct the Director of the National Institute of Standards and Technology to provide the Commis- sion with such expertise, services, funds, facilities, staff, equipment, and other support services as may be necessary to carry out its mission. (b) Insofar as FACA may apply to the Commission, any functions of the President under that Act, except for those in section 6 and section 14 of that Act, shall be performed by the Secretary. (c) Members of the Commission shall serve without any compensation for their work on the Commission, but shall be allowed travel expenses, including per diem in lieu of subsistence, to the extent permitted by law for persons serving intermittently in the Government service (5 U.S.C. 5701– 5707). (d) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to a department, agency, or the head thereof; or

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(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (e) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, February 9, 2016.

[FR Doc. 2016–03038 Filed 2–11–16; 8:45 am] Billing code 3295–F6–P

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Rules and Regulations Federal Register Vol. 81, No. 29

Friday, February 12, 2016

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: of the National Institutes of Health contains regulatory documents having general Jessica T. Walker, Center for Biologics (NIH) announced in the Federal applicability and legal effect, most of which Evaluation and Research, Food and Register on March 15, 1972, that the are keyed to and codified in the Code of Drug Administration, 10903 New Division of Biologics Standards, NIH, Federal Regulations, which is published under Hampshire Ave., Bldg. 71, Rm. 7301, would review the effectiveness of all 50 titles pursuant to 44 U.S.C. 1510. Silver Spring, MD 20993–0002, 240– licensed biologicals (37 FR 5404). In the The Code of Federal Regulations is sold by 402–7911. Federal Register of June 29, 1972 (37 FR the Superintendent of Documents. Prices of SUPPLEMENTARY INFORMATION: 12865), FDA announced the transfer of new books are listed in the first FEDERAL regulatory authority over biological I. Executive Summary REGISTER issue of each week. products from the Division of Biologics A. Purpose of the Final Rule Standards, NIH, to FDA. After obtaining FDA is removing two regulations that regulatory authority over biological DEPARTMENT OF HEALTH AND products, the Commissioner of FDA HUMAN SERVICES prescribe procedures for FDA’s review and classification of biological products proposed procedures for reviewing the safety, effectiveness, and labeling of all Food and Drug Administration licensed before July 1, 1972, because the two regulations are obsolete and no biological products licensed at the time of the transfer on July 1, 1972 (37 FR 21 CFR Part 601 longer necessary in light of other statutory and regulatory authorities 16679, August 18, 1972). The [Docket No. FDA–2015–N–2103] established since 1972. These other procedures for review of biological statutory and regulatory authorities products licensed before July 1, 1972, Removal of Review and allow FDA to evaluate and monitor the were codified in 21 CFR 273.245 (38 FR Reclassification Procedures for safety and effectiveness of all biological 4319 at 4321, February 13, 1973) and Biological Products Licensed Prior to products and authorize FDA to revoke a later redesignated to § 601.25 (38 FR July 1, 1972 license for products because they are 32048, November 20, 1973). The procedures for review of biological AGENCY: Food and Drug Administration, not safe and effective, or are misbranded. products licensed before July 1, 1972, HHS. were supplemented by procedures ACTION: Final rule. B. Summary of the Major Provisions of codified in § 601.26 (47 FR 44062, the Final Rule October 5, 1982). SUMMARY: The Food and Drug The final rule removes §§ 601.25 and Administration (FDA, the Agency, or B. Current Methods for Ensuring the 601.26 (21 CFR 601.25 and 601.26), we) is removing two regulations that Safety and Effectiveness of Biological which prescribe procedures for FDA’s prescribe procedures for FDA’s review Products review and classification of biological and classification of biological products products licensed before July 1, 1972. Since establishing the procedures licensed before July 1, 1972. FDA is under §§ 601.25 and 601.26, FDA taking this action because the two C. Legal Authority developed new regulations to assess and regulations are obsolete and no longer FDA is taking this action under the ensure the safety and efficacy of necessary in light of other statutory and biological products provisions of the biological products. FDA issued the regulatory authorities established since Public Health Service Act (the PHS Act), Current Good Manufacturing Practice 1972, which allow FDA to evaluate and and the drugs and general (cGMP) regulations, which contain the monitor the safety and effectiveness of administrative provisions of the Federal minimum cGMP for preparation of drug all biological products. In addition, Food, Drug, and Cosmetic Act (the products, including biological products. other statutory and regulatory FD&C Act). The cGMP regulations help FDA ensure authorities authorize FDA to revoke a D. Costs and Benefits that such products meet the license for biological products because requirements for product safety, they are not safe and effective, or are Because this final rule would not effectiveness, and labeling. FDA also misbranded. FDA is taking this action as impose any additional regulatory helps ensure the safety and effectiveness part of its retrospective review of its burdens, this regulation is not of biological products through regulations to promote improvement anticipated to result in any compliance application of other regulations, such as and innovation. costs and the economic impact is the reporting of biological product DATES: This rule is effective March 14, expected to be minimal. deviations by licensed manufacturers 2016. II. Background (see 21 CFR 600.14), postmarketing ADDRESSES: For access to the docket to reporting of adverse experiences (21 read background documents or A. History of the Rulemaking CFR 600.80), and labeling regulations comments received, go to http:// In the Federal Register of July 2, 2015 (for example, 21 CFR part 201). www.regulations.gov and insert the (80 FR 38145), FDA proposed to remove Biological products that do not meet the docket number found in brackets in the regulations that prescribe procedures for requirements under these regulations heading of this final rule into the FDA’s review and classification of are subject to license revocation under ‘‘Search’’ box and follow the prompts, biological products licensed before July 21 CFR 601.5, which allows FDA to and/or go to the Division of Dockets 1, 1972. As discussed in the preamble revoke any biologics license for a Management, 5630 Fishers Lane, Rm. to the proposed rule, these regulations product that fails to meet applicable 1062, Rockville, MD 20852. were originally issued after the Director standards and fails to comply with

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regulations designed to help ensure the The Regulatory Flexibility Act Therefore, under the Federal Food, safety, purity, and potency of the requires Agencies to analyze regulatory Drug, and Cosmetic Act, the Public licensed product, and that the product options that would minimize any Health Service Act, and under authority is not misbranded. significant impact of a rule on small delegated to the Commissioner of Food In addition, FDA continues to help entities. Because this final rule removes and Drugs, 21 CFR part 601 is amended ensure the safety and effectiveness of regulations that are obsolete and no as follows: licensed biological products through the longer necessary in light of other current development and application of statutory and regulatory authorities, PART 601—LICENSING additional standards and mechanisms. FDA certifies that the final rule will not ■ 1. The authority citation for 21 CFR These mechanisms assist FDA in have a significant economic impact on part 601 continues to read as follows: evaluating and monitoring the safety a substantial number of small entities. and effectiveness of biological products. The Unfunded Mandates Reform Act Authority: 15 U.S.C. 1451–1561; 21 U.S.C. of 1995 (section 202(a)) requires us to 321, 351, 352, 353, 355, 356b, 360, 360c– C. Summary of Comments to the prepare a written statement, which 360f, 360h-360j, 371, 374, 379e, 381; 42 Proposed Rule includes an assessment of anticipated U.S.C. 216, 241, 262, 263, 264; sec 122, costs and benefits, before issuing ‘‘any Pub. L. 105–115, 111 Stat. 2322 (21 U.S.C. FDA did not receive any comments on 355 note). the proposed rule. rule that includes any Federal mandate that may result in the expenditure by § 601.25 [Removed] D. General Overview of the Final Rule State, local, and tribal governments, in ■ 2. Remove § 601.25. The final rule removes §§ 601.25 and the aggregate, or by the private sector, of 601.26 of the regulations, which $100,000,000 or more (adjusted § 601.26 [Removed] prescribe procedures for FDA’s review annually for inflation) in any one year.’’ ■ 3. Remove § 601.26. and classification of biological products The current threshold after adjustment for inflation is $144 million, using the Dated: February 5, 2016. licensed before July 1, 1972. FDA is Leslie Kux, taking this action because these most current (2014) Implicit Price Associate Commissioner for Policy. regulations are obsolete and no longer Deflator for the Gross Domestic Product. necessary in light of other statutory and This final rule would not result in any [FR Doc. 2016–02884 Filed 2–11–16; 8:45 am] regulatory authorities established since 1-year expenditure that would meet or BILLING CODE 4164–01–P 1972, which allow FDA to evaluate and exceed this amount. monitor the safety and effectiveness of V. Analysis of Environmental Impact DEPARTMENT OF HEALTH AND all biological products. We have determined under 21 CFR HUMAN SERVICES III. Legal Authority 25.30(h) that this action is of a type that Food and Drug Administration FDA is issuing this regulation under does not individually or cumulatively have a significant adverse effect on the the biological products provisions of the 21 CFR Parts 868 and 870 PHS Act (42 U.S.C. 262 and 264) and human environment. Therefore, neither the drugs and general administrative an environmental assessment nor an [Docket No. FDA–2012–N–1174] provisions of the FD&C Act (sections environmental impact statement is Anesthesiology Devices; 201, 301, 501, 502, 503, 505, 510, 701, required. Reclassification of Membrane Lung for and 704 (21 U.S.C. 321, 331, 351, 352, VI. Paperwork Reduction Act of 1995 Long-Term Pulmonary Support; 353, 355, 360, 371, and 374)). Under This final rule contains no collection Redesignation as Extracorporeal these provisions of the PHS Act and the of information. Therefore, clearance by Circuit and Accessories for Long-Term FD&C Act, we have the authority to OMB under the Paperwork Reduction Respiratory/Cardiopulmonary Failure issue and enforce regulations designed Act of 1995 is not required. to ensure that biological products are AGENCY: Food and Drug Administration, safe, pure, and potent; and to prevent VII. Federalism HHS. the introduction, transmission, and We have analyzed this final rule in ACTION: Final order. spread of communicable disease. accordance with the principles set forth SUMMARY: The Food and Drug IV. Economic Analysis of Impacts in Executive Order 13132. FDA has determined that the rule does not Administration (FDA) is issuing a final We have examined the impacts of the contain policies that would have order to redesignate membrane lung final rule under Executive Order 12866, substantial direct effects on the States, devices for long-term pulmonary Executive Order 13563, the Regulatory on the relationship between the support, a preamendments class III Flexibility Act (5 U.S.C. 601–612), and National Government and the States, or device, as extracorporeal circuit and the Unfunded Mandates Reform Act of on the distribution of power and accessories for long-term respiratory/ 1995 (Pub. L. 104–4). Executive Orders responsibilities among the various cardiopulmonary failure, and to 12866 and 13563 direct Agencies to levels of government. Accordingly, the reclassify the device to class II (special assess all costs and benefits of available Agency has concluded that the rule does controls) in patients with acute regulatory alternatives and, when not contain policies that have respiratory failure or acute regulation is necessary, to select federalism implications as defined in cardiopulmonary failure where other regulatory approaches that maximize the Executive order and, consequently, available treatment options have failed, net benefits (including potential a federalism summary impact statement and continued clinical deterioration is economic, environmental, public health is not required. expected or the risk of death is and safety, and other advantages; imminent. A membrane lung device for distributive impacts; and equity). We List of Subjects in 21 CFR Part 601 long-term pulmonary support (>6 hours) believe that this final rule is not a Administrative practice and refers to the oxygenator in an significant regulatory action as defined procedure, Biologics, Confidential extracorporeal circuit used during long- by Executive Order 12866. business information. term procedures, commonly referred to

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as extracorporeal membrane (generally referred to as preamendments Agency when the device was originally oxygenation (ECMO). Because a number devices), are classified after FDA has: (1) classified, as well as information not of other devices and accessories are Received a recommendation from a presented, not available, or not used with the oxygenator in the circuit, device classification panel (an FDA developed at that time. (See, e.g., the title and identification of the advisory committee); (2) published the Holland-Rantos Co. v. United States regulation are revised to include panel’s recommendation for comment, Department of Health, Education, and extracorporeal circuit and accessories along with a proposed regulation Welfare, 587 F.2d 1173, 1174 n.1 (D.C. for long-term respiratory/ classifying the device; and (3) published Cir. 1978); Upjohn v. Finch, 422 F.2d cardiopulmonary failure. Although an a final regulation classifying the device. 944 (6th Cir. 1970); Bell v. Goddard, 366 individual device or accessory used in FDA has classified most F.2d 177 (7th Cir. 1966).) an ECMO circuit may already have its preamendments devices under these Reevaluation of the data previously own classification regulation when the procedures. before the Agency is an appropriate device or accessory is intended for Devices that were not in commercial basis for subsequent action where the short-term use (≤6 hours), such device distribution prior to May 28, 1976 reevaluation is made in light of newly or accessory will be subject to the same (generally referred to as available authority (see Bell, 366 F.2d at regulatory controls applied to the postamendments devices) are 181; Ethicon, Inc. v. FDA, 762 F.Supp. oxygenator (i.e., class II, special automatically classified by section 382, 388–391 (D.D.C. 1991)), or in light controls) when evaluated as part of the 513(f) of the FD&C Act into class III of changes in ‘‘medical science’’ ECMO circuit for long-term use (>6 without any FDA rulemaking process. (Upjohn, 422 F.2d at 951). Whether data hours). On its own initiative, based on Those devices remain in class III and before the Agency are old or new data, new information, FDA is revising the require premarket approval unless, and the ‘‘new information’’ to support classification of the membrane lung until, the device is reclassified into class reclassification under section 513(e) of device for long-term pulmonary I or II or FDA issues an order finding the the FD&C Act must be ‘‘valid scientific support. device to be substantially equivalent, in evidence,’’ as defined in section accordance with section 513(i) of the 513(a)(3) of the FD&C Act and 21 CFR DATES: This order is effective February FD&C Act, to a predicate device that 860.7(c)(2). (See, e.g., General Medical 12, 2016. does not require premarket approval. Co. v. FDA, 770 F.2d 214 (D.C. Cir. FOR FURTHER INFORMATION CONTACT: The Agency determines whether new 1985); Contact Lens Manufacturers Fernando Aguel, Center for Devices and devices are substantially equivalent to Assoc. v. FDA, 766 F.2d 592 (D.C. Cir. Radiological Health, 10903 New predicate devices by means of 1985), cert. denied, 474 U.S. 1062 Hampshire Ave., Bldg. 66, Rm. 1234, premarket notification procedures in (1986).) Silver Spring, MD 20993, 301–796– section 510(k) of the FD&C Act (21 FDA relies upon ‘‘valid scientific 6326, [email protected]. U.S.C. 360(k)) and part 807 (21 CFR part evidence’’ in the classification process SUPPLEMENTARY INFORMATION: 807). to determine the level of regulation for I. Background—Regulatory Authorities A preamendments device that has devices. To be considered in the been classified into class III and devices reclassification process, the ‘‘valid The Federal Food, Drug, and Cosmetic found substantially equivalent by means scientific evidence’’ upon which the Act (the FD&C Act), as amended by the of premarket notification procedures Agency relies must be publicly Medical Device Amendments of 1976 (510(k)) to such a preamendments available. Publicly available information (the 1976 amendments) (Pub. L. 94– device or to a device within that type excludes trade secret and/or 295), the Safe Medical Devices Act of (both the preamendments and confidential commercial information, 1990 (Pub. L. 101–629), the Food and substantially equivalent devices are e.g., the contents of a pending PMA (see Drug Administration Modernization Act referred to as preamendments class III section 520(c) of the FD&C Act (21 of 1997 (FDAMA) (Pub. L. 105–115), the devices) may be marketed without U.S.C. 360j(c)).) Medical Device User Fee and submission of a premarket approval Section 513(e)(1) of the FD&C Act sets Modernization Act of 2002 (Pub. L. 107– application (PMA) until FDA issues a forth the process for issuing a final 250), the Medical Devices Technical final order under section 515(b) of the reclassification order. Specifically, prior Corrections Act (Pub. L. 108–214), the FD&C Act (21 U.S.C. 360e(b)) requiring to the issuance of a final order Food and Drug Administration premarket approval or until the device reclassifying a device, the following Amendments Act of 2007 (Pub. L. 110– is subsequently reclassified into class I must occur: (1) Publication of a 85), and the Food and Drug or class II. proposed order in the Federal Register; Administration Safety and Innovation On July 9, 2012, FDASIA was enacted. (2) a meeting of a device classification Act (FDASIA) (Pub. L. 112–144), among Section 608(a) of FDASIA (126 Stat. panel described in section 513(b) of the other amendments, established a 1056) amended section 513(e) of the FD&C Act; and (3) consideration of comprehensive system for the regulation FD&C Act, changing the mechanism for comments to a public docket. of medical devices intended for human reclassifying a device from rulemaking use. Section 513 of the FD&C Act (21 to an administrative order. II. Regulatory History of the Device U.S.C. 360c) established three categories Section 513(e) of the FD&C Act FDA published a proposed order to (classes) of devices, reflecting the provides that FDA may, by reclassify this device in the Federal regulatory controls needed to provide administrative order, reclassify a device Register of January 8, 2013 (78 FR 1158) reasonable assurance of their safety and based upon ‘‘new information.’’ FDA (the ‘‘proposed order’’). As noted in the effectiveness. The three categories of can initiate a reclassification under proposed order, on July 16, 1982, the devices are class I (general controls), section 513(e) of the FD&C Act or an Agency issued a final rule classifying all class II (special controls), and class III interested person may petition FDA to membrane lungs for long-term (premarket approval). reclassify a preamendments device. The pulmonary support into class III (47 FR Under section 513(d) of the FD&C Act, term ‘‘new information,’’ as used in 31130). On May 11, 1987, FDA devices that were in commercial section 513(e) of the FD&C Act, includes published a final rule amending the distribution before the enactment of the information developed as a result of a codified language for this device to 1976 amendments, May 28, 1976 reevaluation of the data before the clarify that no effective date had been

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established for the requirement for 7, 2014, classification panel meetings, assurance of safety and effectiveness. premarket approval for membrane lungs comments on the proposed order and all Further, the 2013 and 2014 Panels for long-term pulmonary support other available information, FDA has largely supported reclassification of devices (52 FR 17732 at 17735). This determined that the reclassification ECMO for use in patients with acute device is currently under product code applies to ECMO as a system of devices respiratory failure or acute BYS. and accessories that provide cardiopulmonary failure as noted in As discussed in the proposed order, extracorporeal circulation and section IV of this order. As mentioned FDA considered the available physiologic gas exchange of blood in previously and discussed further in information on these devices and patients with acute respiratory failure or section IV, ECMO is a tool which concluded that these devices could be acute cardiopulmonary failure where provides extracorporeal circulation and reclassified to class II, subject to the other available treatment options have physiologic gas exchange of blood. The identified special controls. As required failed, and continued clinical special controls identified in this final by section 513(e)(1) of the FD&C Act, deterioration is expected or the risk of order, including clinical performance FDA convened a meeting of a device death is imminent. This revised scope data, ensure that the device can function classification panel described in section better reflects use of ECMO as a tool that as intended to provide extracorporeal 513(b) of the FD&C Act with respect to provides extracorporeal circulation and circulation and physiologic gas the membrane lung devices for long- physiologic gas exchange of blood and exchange of blood for the intended term pulmonary support on September more accurately reflects the function of duration of device use. The Agency 12, 2013, followed by a meeting on May the device. FDA has not cleared any believes that the risks of ECMO devices 7, 2014. The deliberations of the device ECMO devices that are indicated for are sufficiently understood based on classification panels are discussed in specific patient populations or valid scientific evidence and that the section IV of this order. FDA received conditions. As such, FDA believes that risks of ECMO devices can be mitigated and has considered two comments on the intended uses included in this final with the special controls identified in the January 8, 2013, proposed order, as order should remain broad, rather than this final order. The special controls discussed in section III. Therefore, FDA specify patient populations or mitigate the risks to health identified for has met the requirements for issuing a conditions to be treated, to reflect use of the device as outlined in section IV, final order under section 513(e)(1) of the ECMO as a tool. table 1. Therefore, FDA does not agree FD&C Act. Another comment disagreed with that membrane lung devices for long- FDA’s intent to reclassify membrane III. Public Comments in Response to the term pulmonary support for use in lung devices for long-term pulmonary Proposed Order patients with acute respiratory failure or support, stating that ‘‘ECMO devices acute cardiopulmonary failure should FDA received two comments in must remain categorized as class III remain a class III device. response to the January 8, 2013, devices for all indications because they proposed order to reclassify membrane are life-sustaining devices for which The commenter also expressed lung devices for long-term pulmonary clinical trials are necessary to provide concern that the reclassification of these support for conditions where imminent reasonable assurance of safety and devices would mean that companies death is threatened by cardiopulmonary effectiveness.’’ FDA disagrees with this manufacturing new versions of the failure in neonates and infants or where comment. According to section device would not be required to show cardiopulmonary failure results in the 513(a)(1)(C) of the FD&C Act, a class III that their products are safe and inability to separate from device is defined as a device which: (1) effective. The commenter suggests that cardiopulmonary bypass following Cannot be classified as a class I device classification to class II (special cardiac surgery. because insufficient information exists controls) precludes FDA from One comment supported FDA’s to determine that the application of requesting clinical data for these reclassification proposal but requested general controls are sufficient to provide devices. FDA disagrees with this that the Agency clarify the population reasonable assurance of the safety and comment. FDA believes that the covered and the conditions included in effectiveness of the device; and (2) identified special controls provide a the reclassification. According to the cannot be classified as a class II device reasonable assurance of safety and commenter, it seemed that the because insufficient information exists effectiveness for membrane lung devices membrane lung device could be used for to determine that the special controls for long-term pulmonary support for use long-term support in neonates and would provide reasonable assurance of in patients with acute respiratory failure infants only when imminent death is its safety and effectiveness; and (3) is or acute cardiopulmonary failure, where threatened by cardiopulmonary failure, purported or represented to be for a use other available treatment options have but for the remaining population (e.g., in supporting or sustaining human life failed, and continued clinical pediatric and adult patients), the or for a use which is of substantial deterioration is expected or the risk of membrane lung could be used for long- importance in preventing impairment of death is imminent. FDA has determined term support only when human health; or (4) presents a potential that by complying with the identified cardiopulmonary failure results in the unreasonable risk of illness or injury. special controls, the currently legally inability to separate from Although FDA considers membrane marketed devices within this cardiopulmonary bypass following lung devices for long-term pulmonary classification regulation will be cardiac surgery. With respect to the support to be life-supporting, a reasonably safe and effective when used conditions covered, the commenter viewpoint that was supported by the for acute respiratory failure or acute sought clarification as to whether the panel members at the September 12, cardiopulmonary failure. Future devices reclassification was limited only to 2013 (2013 Panel), and May 7, 2014 claiming substantial equivalence to an cardiopulmonary conditions or to (2014 Panel), device classification panel available predicate(s) must demonstrate cardiac failure as well. FDA is clarifying meetings, FDA believes that the that they are substantially equivalent, as the intended uses covered by the available information supports FDA’s defined under section 513(i) of the reclassification in this final order. determination that special controls, in FD&C Act, to the predicate device and Specifically, after considering the input addition to general controls, would be comply with all applicable FDA from the September 12, 2013, and May sufficient to provide a reasonable regulations and with the special

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controls in order to be classified into events that may result from the risks to accessories be evaluated to ensure that class II. Classification to class II (special health. The 2013 Panel understood this the circuit accessories can function controls) does not preclude FDA from distinction but requested that FDA together as intended. FDA believes that requesting clinical data for these consider expanding the definition of the special controls will be able to devices. In some cases, clinical data adverse tissue reaction to include address the issue of circuit accessories’ may be needed to comply with the inflammatory response. FDA considered compatibility. Specifically, the special controls and demonstrate the 2013 Panel’s input when updating following special controls from the substantial equivalence to an available the risks to health for the 2014 Panel classification regulation address this predicate. For example, special control and this final order. concern: (1) The design characteristics § 870.4100(b)(v) regarding in vivo The 2013 Panel agreed that the of the device must ensure that the evaluation of the device could include available scientific evidence supported geometry and design parameters are clinical trial data, clinical information the safety and effectiveness for ECMO consistent with the intended use; (2) from the literature, and/or animal study and its accessories for conditions where non-clinical performance evaluation of data. the subject is at threat of imminent the device must demonstrate substantial The commenter further expressed death caused by acute reversible equivalence for performance concern that reclassification for some respiratory failure (e.g., meconium characteristics on the bench, mechanical indications will reduce the incentive to aspiration, congenital diaphragmatic integrity, electromagnetic undertake future studies for untested hernia, pulmonary hypertension) in compatibility(where applicable), indications due to the availability of the neonates and infants, or where acute software, durability, and reliability; and devices for ‘‘off-label’’ use. FDA notes in cardiopulmonary failure results in the (3) labeling must include a detailed response to this comment that, inability to separate from summary of the non-clinical and generally, FDA regulates the use of a cardiopulmonary bypass following clinical evaluations pertinent to use of device as indicated by the party offering cardiac surgery in all pediatric patients. the device and adequate instructions the device for interstate commerce. The 2013 Panel also agreed that the with respect to anticoagulation, circuit The commenter also sought assurance probable benefits to health from use of setup, performance characteristics with from FDA that membrane lung devices the extracorporeal circuit and its respect to compatibility with other for long-term pulmonary support for accessories for long-term pulmonary circuit accessories, and maintenance indications not identified in the and cardiopulmonary support for these during a procedure. proposed order would remain in class uses outweigh the probable risks. As The 2013 Panel unanimously agreed III and therefore require the submission noted previously, FDA has further that the membrane lung device for long- of a PMA. FDA notes that by identifying considered all available information and term pulmonary support is life- the intended uses covered by the has determined that the risks to health supporting. The 2013 Panel further revised classification regulation, uses identified for ECMO are the same across stated that the available scientific that fall outside the definition would neonatal, infant, pediatric, and adult evidence and the proposed special not be subject to the order but rather populations. This is consistent with controls, in conjunction with general would be classified under section 513 of input from the 2013 and 2014 Panels, controls, supported the reclassification the FD&C Act. which found that the risks to health for to class II of membrane lung devices for the pediatric and adult populations do IV. Deliberations of the Panels and FDA long-term pulmonary/cardiopulmonary not differ. Further, FDA believes that Consideration of Panel Input support in pediatric patients. The 2013 the available safety and effectiveness Panel expressed concern about not As required by section 513(e)(1) of the information supports use of ECMO as a having had the opportunity to review FD&C Act, FDA convened a meeting of tool to provide extracorporeal data regarding use of the device in the Circulatory System Devices Panel to circulation and physiologic gas adults, given that use of ECMO in adults consider the existing valid scientific exchange of blood in patients with acute had increased significantly over the evidence to support reclassification to respiratory failure or acute years. The 2013 Panel recommended class II of membrane lung devices for cardiopulmonary failure, where other that FDA convene another meeting to long-term pulmonary support. One available treatment options have failed, review the available literature regarding meeting was held on September 12, and continued clinical deterioration is use of the membrane lung device for 2013 (2013 Panel), regarding pediatric expected or the risk of death is long-term pulmonary support in adults uses for ECMO and another meeting was imminent. FDA is providing greater before finalizing the proposed held on May 7, 2014 (2014 Panel), clarity in this final order by simplifying reclassification. regarding adult uses for ECMO (Refs. 1 the identification of ECMO devices in On May 7, 2014, FDA convened the and 2). the classification regulation to better 2014 Panel to discuss the classification On September 12, 2013, FDA reflect what an ECMO circuit performs, of the membrane lung for long-term presented the risks associated with use not specify patient populations or support, specifically for adult of the membrane lung device for long- conditions to be treated. Specific pulmonary and cardiopulmonary term pulmonary support. The 2013 indications for use for ECMO, including indications. For both pulmonary and Panel mostly agreed that the risks to specific patient populations and/or cardiopulmonary intended uses, the health were adequately captured as conditions, are further discussed in this 2014 Panel believed that the list of risks presented by FDA. Several 2013 Panel document. to health presented by FDA were members discussed whether the list of In general, the 2013 Panel believed comprehensive and adequately risks to health should also include the special controls in the proposed captured. Of note, in response to the information on renal dysfunction, order would mitigate the identified risks 2013 Panel’s recommendation regarding neurologic injury, disseminated to health and provide reasonable risks to health, FDA expanded the intravascular coagulation, transfusion assurance of safety and effectiveness of definition of adverse tissue reaction to issues, and inflammatory responses. the extracorporeal circuit and its include inflammatory response. FDA explained that such effects are accessories. However, some 2013 Panel The majority of the 2014 Panel more appropriately characterized not as members recommended that believed that the available scientific risks to health but rather as adverse compatibility of the various circuit evidence is adequate to support a

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reasonable assurance of safety and suffering from ‘‘cardiopulmonary failure comprehensive. The 2014 Panel further effectiveness of the extracorporeal due to acute catastrophic cardiogenic agreed that the special controls would circuit and its accessories for long-term shock.’’ FDA agrees with the 2014 Panel mitigate the identified risks to health pulmonary support in adults, but that ‘‘acute cardiopulmonary failure’’ is and provide reasonable assurance of recommended that FDA modify the a more accurate reflection of the use of safety and effectiveness for the device intended use from ‘‘pulmonary support’’ ECMO as a tool to provide when used to provide long-term support to ‘‘acute, hypoxic, reversible extracorporeal circulation and in adults with acute respiratory failure respiratory failure.’’ FDA agrees with physiologic gas exchange of blood in or cardiopulmonary failure. patients rather than ‘‘cardiopulmonary the 2014 Panel that ‘‘respiratory failure’’ For both acute respiratory and acute is a more accurate reflection of the use support.’’ FDA has considered this input from the panel and has cardiopulmonary indications in adults, of ECMO as a tool to provide the 2014 Panel unanimously agreed that extracorporeal circulation and determined that acute cardiopulmonary failure is the appropriate intended use the membrane lung device for long-term physiologic gas exchange of blood in from a clinical and regulatory support is life-supporting. The 2014 patients rather than ‘‘pulmonary perspective to reflect such use. This Panel further believes that the available support.’’ FDA has considered this change is reflected in the classification scientific evidence and the proposed input from the panel and has regulation. For both pulmonary and special controls support the determined that acute respiratory failure cardiopulmonary support in adults, the reclassification to class II of membrane is the appropriate intended use from a 2014 Panel agreed that the probable lung devices for long-term support in clinical and regulatory perspective to benefits to health from use of the device adults with acute respiratory failure or reflect such use. This change is reflected outweigh the probable risks to health acute cardiopulmonary failure. in the classification regulation. The where other available treatment options Panel also agreed that the available have failed, and continued clinical After considering input from both the scientific evidence is adequate to deterioration is expected or the risk of 2013 and 2014 Panels, FDA believes support a reasonable assurance of safety death is imminent. that the risks to health identified can be and effectiveness of the device for long- The 2014 Panel agreed that FDA’s list mitigated by the special controls as term cardiopulmonary support in adults of special controls were appropriate and outlined in Table 1.

TABLE 1—HEALTH RISKS AND MITIGATION MEASURES FOR ECMO DEVICES

Identified risk Mitigation measures

Thrombocytopenia ...... Technological characteristics; Non-clinical performance evaluation; In vivo evaluation; Labeling. Hemolysis ...... Technological characteristics; Biocompatibility testing; Non-clinical performance evaluation; Labeling. Adverse tissue reaction (including inflammatory response) ...... Biocompatibility testing; Labeling. Inadequate gas exchange ...... Non-clinical performance evaluation; In vivo evaluation; Labeling. Gas embolism ...... Non-clinical performance evaluation; In vivo evaluation; Labeling. Mechanical failure ...... Technological characteristics; Non-clinical performance evaluation; La- beling. Hemorrhage ...... In vivo evaluation; Labeling. Hemodilution ...... Non-clinical performance evaluation; In vivo evaluation; Labeling. Thrombosis/thromboembolism ...... Non-clinical performance evaluation; In vivo evaluation; Labeling. Infection ...... Sterility; Shelf life testing. Mechanical injury to access vessels ...... Non-clinical performance evaluation; In vivo evaluation; Labeling.

At both the 2013 Panel and 2014 populations and/or conditions) that FDA has further evaluated data from Panel meetings, FDA provided a would fall within this broader intended the clinical literature and determined summary of information from the use and therefore be within the scope of that the data available do not support clinical literature regarding specific this regulation as outlined in this labeling ECMO devices for certain patient populations and conditions to be document. specific indications (patient populations and/or conditions) at this time without treated using ECMO (Refs.1 and 2). Of Specifically, FDA has reviewed the note, FDA has not cleared any ECMO additional clinical data from sponsors to clinical literature and has determined devices that are indicated for specific support such uses, consistent with the that there are sufficient data available to patient populations or conditions. As identified special controls, including such, FDA believes that the intended support labeling ECMO devices for the but not limited to: High risk uses included in this final order should following specific indications (patient percutaneous coronary intervention; remain broad to reflect use of ECMO as populations and/or conditions) at this trauma resuscitation; failed heart or a tool to provide extracorporeal time: Meconium aspiration in neonates lung transplant; acute respiratory circulation and physiologic gas and infants; congenital diaphragmatic distress syndrome; and/or acute exchange of blood in patients with acute hernia in neonates and infants; decompensation of chronic obstructive respiratory failure or acute pulmonary hypertension in neonates pulmonary disease. cardiopulmonary failure, where other and infants; failure to wean from For ECMO devices that have not been available treatment options have failed, cardiopulmonary bypass following legally marketed prior to the effective and continued clinical deterioration is cardiac surgery in pediatric and adult date of the final order, or models (if any) expected or the risk of death is patients; and ECMO-assisted that have been legally marketed but are imminent. However, FDA believes that cardiopulmonary resuscitation in required to submit a new 510(k) under there are specific indications (patient adults. § 807.81(a)(3) because the device is

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about to be significantly changed or or acute cardiopulmonary failure, where deterioration is expected or the risk of modified, manufacturers must obtain other available treatment options have death is imminent into class II (special 510(k) clearance, among other relevant failed, and continued clinical controls). requirements, and demonstrate deterioration is expected or the risk of IX. References compliance with the special controls death is imminent, and, therefore, this included in the final order, before device type is not exempt from The following references are on marketing the new or changed device. premarket notification requirements. display in the Division of Dockets V. The Final Order VI. Analysis of Environmental Impact Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. Under section 513(e) of the FD&C Act, The Agency has determined under 21 1061, Rockville, MD 20852, and are FDA is adopting its findings as CFR 25.34(b) that this action is of a type available for viewing by interested published in the preamble to the that does not individually or persons between 9 a.m. and 4 p.m., proposed order (78 FR 1158) with cumulatively have a significant effect on Monday through Friday; they are also modifications as discussed in section IV the human environment. Therefore, available electronically at http:// of this final order. FDA is issuing this neither an environmental assessment www.regulations.gov. FDA has verified final order to reclassify the membrane nor an environmental impact statement lung devices for long-term pulmonary is required. the Web site addresses, as of the date support from class III to class II for use this document publishes in the Federal VII. Paperwork Reduction Act of 1995 in patients with acute respiratory failure Register, but Web sites are subject to or acute cardiopulmonary failure, where This final order refers to previously change over time. other available treatment options have approved collections of information 1. The panel transcript and other meeting failed and continued clinical found in FDA regulations. These materials for the September 12, 2013, deterioration is expected or the risk of collections of information are subject to Circulatory System Devices Panel are death is imminent, and to establish review by the Office of Management and available on FDA’s Web site at http:// special controls. FDA is removing the Budget (OMB) under the Paperwork www.fda.gov/AdvisoryCommittees/ CommitteesMeetingMaterials/Medical regulation from 21 CFR part 868 Reduction Act of 1995 (44 U.S.C. 3501– 3520). The collections of information in Devices/MedicalDevicesAdvisory (Anesthesiology Devices) and adding it Committee/CirculatorySystemDevices to 21 CFR part 870 (Cardiovascular 21 CFR part 812 have been approved Panel/ucm342357.htm. Devices) to better align this device type under OMB control number 0910–0078; 2. The panel transcript and other meeting (and the review thereof) with other the collections of information in 21 CFR materials for the May 7, 2014, similar types of cardiovascular devices. part 807, subpart E, have been approved Circulatory System Devices Panel are The title and identification of under OMB control number 0910–0120; available on FDA’s Web site at. http:// § 870.4100 (21 CFR 870.4100) reflects the collections of information in 21 CFR www.fda.gov/AdvisoryCommittees/ the Agency’s intent to regulate ECMO part 814, subpart B, have been approved CommitteesMeetingMaterials/Medical and the accessories used in ECMO under OMB control number 0910–0231; Devices/MedicalDevicesAdvisory and the collections of information under Committee/CirculatorySystemDevices under the same set of regulatory Panel/ucm395638.htm controls. However, an individual device 21 CFR part 801 have been approved or accessory in an ECMO circuit may under OMB control number 0910–0485. List of Subjects in 21 CFR Parts 868 and already have its own classification VIII. Codification of Orders 870 regulation when intended for short-term use (≤6 hours) and, in those instances, Prior to the amendments by FDASIA, Medical devices. such device or accessory is subject to section 513(e) of the FD&C Act provided Therefore, under the Federal Food, the preexisting regulation(s). for FDA to issue regulations to reclassify Following the effective date of this devices. Although section 513(e) of the Drug, and Cosmetic Act and under final order, firms marketing membrane FD&C Act as amended requires FDA to authority delegated to the Commissioner lung devices for long-term pulmonary issue final orders rather than of Food and Drugs, 21 CFR parts 868 support for use in patients with acute regulations, FDASIA also provides for and 870 are amended as follows: FDA to revoke previously issued respiratory failure or acute PART 868—ANESTHESIOLOGY regulations by order. FDA will continue cardiopulmonary failure, where other DEVICES available treatment options have failed to codify classifications and reclassifications in the Code of Federal and continued clinical deterioration is ■ expected or the risk of death is Regulations (CFR). Changes resulting 1. The authority citation for 21 CFR imminent, must comply with the from final orders will appear in the CFR part 868 continues to read as follows: particular mitigation measures set forth as changes to codified classification Authority: 21 U.S.C. 351, 360, 360c, 360e, in the special controls. determinations or as newly codified 360j, 371. Section 510(m) of the FD&C Act orders. Therefore, under section § 868.5610 [Removed] provides that FDA may exempt a class 513(e)(1)(A)(i) of the FD&C Act, as II device from the premarket notification amended by FDASIA, in this final order, ■ 2. Remove § 868.5610. requirements under section 510(k) of the we are revoking the requirements in 21 FD&C Act if FDA determines that CFR 868.5610 related to the PART 870—CARDIOVASCULAR premarket notification is not necessary classification of membrane lung for DEVICES to provide reasonable assurance of the long-term pulmonary support as class III safety and effectiveness of the devices. devices and codifying under § 870.4100 ■ 1. The authority citation for 21 CFR FDA has determined that premarket the reclassification of membrane lung part 870 continues to read as follows: notification is necessary to provide for long-term pulmonary support for use Authority: 21 U.S.C. 351, 360, 360c, 360e, reasonable assurance of safety and in patients with acute respiratory failure 360j, 371. effectiveness of membrane lung devices or acute cardiopulmonary failure, where for long-term pulmonary support for use other available treatment options have ■ 2. Add § 870.4100 to subpart E to read in patients with acute respiratory failure failed, and continued clinical as follows:

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§ 870.4100 Extracorporeal circuit and and accessories in the circuit, and into class I or II, or FDA issues an order accessories for long-term respiratory/ maintenance during a procedure. finding the device to be substantially cardiopulmonary failure. Dated: February 8, 2016. equivalent, in accordance with section (a) Identification. An extracorporeal 513(i) of the FD&C Act, to a predicate Leslie Kux, circuit and accessories for long-term device that does not require premarket respiratory/cardiopulmonary support Associate Commissioner for Policy. approval. The Agency determines (>6 hours) is a system of devices and [FR Doc. 2016–02876 Filed 2–11–16; 8:45 am] whether new devices are substantially accessories that provides assisted BILLING CODE 4164–01–P equivalent to predicate devices by extracorporeal circulation and means of premarket notification physiologic gas exchange of the procedures in section 510(k) of the patient’s blood in patients with acute DEPARTMENT OF HEALTH AND FD&C Act (21 U.S.C. 360(k)) and part respiratory failure or acute HUMAN SERVICES 807 (21 CFR part 807) of the regulations. cardiopulmonary failure, where other Section 513(f)(2) of the FD&C Act, as Food and Drug Administration available treatment options have failed, amended by section 607 of the Food and and continued clinical deterioration is Drug Administration Safety and 21 CFR Part 878 expected or the risk of death is Innovation Act (Pub. L. 112–144), imminent. The main devices and [Docket No. FDA–2016–N–0237] provides two procedures by which a accessories of the system include, but person may request FDA to classify a are not limited to, the console Medical Devices; General and Plastic device under the criteria set forth in (hardware), software, and disposables, Surgery Devices; Classification of the section 513(a)(1) of the FD&C Act. including, but not limited to, an Scalp Cooling System To Reduce the Under the first procedure, the person oxygenator, blood pump, heat Likelihood of Chemotherapy-Induced submits a premarket notification under exchanger, cannulae, tubing, filters, and Alopecia section 510(k) of the FD&C Act for a device that has not previously been other accessories (e.g., monitors, AGENCY: Food and Drug Administration, detectors, sensors, connectors). HHS. classified and, within 30 days of (b) Classification—Class II (special receiving an order classifying the device ACTION: controls). The special controls for this Final order. into class III under section 513(f)(1) of device are: SUMMARY: The Food and Drug the FD&C Act, the person requests a (1) The technological characteristics Administration (FDA) is classifying the classification under section 513(f)(2). of the device must ensure that the scalp cooling system to reduce the Under the second procedure, rather than geometry and design parameters are likelihood of chemotherapy-induced first submitting a premarket notification consistent with the intended use, and alopecia into class II (special controls). under section 510(k) of the FD&C Act that the devices and accessories in the The special controls that will apply to and then a request for classification circuit are compatible; the device are identified in this order under the first procedure, the person (2) The devices and accessories in the and will be part of the codified language determines that there is no legally circuit must be demonstrated to be for the scalp cooling system to reduce marketed device upon which to base a biocompatible; the likelihood of chemotherapy-induced determination of substantial (3) Sterility and shelf-life testing must alopecia’s classification. The Agency is equivalence and requests a classification demonstrate the sterility of any patient- classifying the device into class II under section 513(f)(2) of the FD&C Act. contacting devices and accessories in (special controls) in order to provide a If the person submits a request to the circuit and the shelf life of these reasonable assurance of safety and classify the device under this second devices and accessories; effectiveness of the device. procedure, FDA may decline to (4) Non-clinical performance undertake the classification request if DATES: evaluation of the devices and This order is effective February FDA identifies a legally marketed device accessories in the circuit must 12, 2016. The classification was that could provide a reasonable basis for demonstrate substantial equivalence of applicable on December 8, 2015. review of substantial equivalence with the performance characteristics on the FOR FURTHER INFORMATION CONTACT: Neil the device or if FDA determines that the bench, mechanical integrity, Ogden, Center for Devices and device submitted is not of ‘‘low- electromagnetic compatibility (where Radiological Health, Food and Drug moderate risk’’ or that general controls applicable), software, durability, and Administration, 10903 New Hampshire would be inadequate to control the risks reliability; Ave., Bldg. 66, Rm. G414, Silver Spring, and special controls to mitigate the risks (5) In vivo evaluation of the devices MD 20993–0002, 301–796–6397. cannot be developed. and accessories in the circuit must SUPPLEMENTARY INFORMATION: In response to a request to classify a demonstrate their performance over the device under either procedure provided I. Background intended duration of use, including a by section 513(f)(2) of the FD&C Act, detailed summary of the clinical In accordance with section 513(f)(1) of FDA will classify the device by written evaluation pertinent to the use of the the Federal Food, Drug, and Cosmetic order within 120 days. This devices and accessories to demonstrate Act (the FD&C Act) (21 U.S.C. classification will be the initial their effectiveness if a specific 360c(f)(1)), devices that were not in classification of the device. indication (patient population and/or commercial distribution before May 28, On March 6, 2015, Target Health, Inc. condition) is identified; and 1976 (the date of enactment of the (on behalf of Dignitana AB) submitted a (6) Labeling must include a detailed Medical Device Amendments of 1976), request for classification of the summary of the non-clinical and in vivo generally referred to as postamendments DigniCapTM Scalp Cooling System evaluations pertinent to use of the devices, are classified automatically by under section 513(f)(2) of the FD&C Act. devices and accessories in the circuit statute into class III without any FDA The manufacturer recommended that and adequate instructions with respect rulemaking process. These devices the device be classified into class II (Ref. to anticoagulation, circuit setup, remain in class III and require 1). performance characteristics with respect premarket approval, unless and until In accordance with section 513(f)(2) of to compatibility among different devices the device is classified or reclassified the FD&C Act, FDA reviewed the

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request in order to classify the device believes these special controls will The device is assigned the generic under the criteria for classification set provide reasonable assurance of the name scalp cooling system to reduce the forth in section 513(a)(1) of the FD&C safety and effectiveness of the device. likelihood of chemotherapy-induced Act. FDA classifies devices into class II Therefore, on December 8, 2015, FDA alopecia, and it is identified as a scalp if general controls by themselves are issued an order to the requestor cooling system to reduce the likelihood insufficient to provide reasonable classifying the device into class II. FDA of chemotherapy-induced alopecia assurance of safety and effectiveness, is codifying the classification of the intended to reduce the frequency and but there is sufficient information to device by adding § 878.4360 (21 CFR severity of alopecia during establish special controls to provide 878.4360). chemotherapy in which alopecia- reasonable assurance of the safety and Following the effective date of this inducing chemotherapeutic agents are effectiveness of the device for its final classification order, any firm used. The device is a prescription intended use. After review of the submitting a premarket notification device. information submitted in the request (510(k)) for a scalp cooling system to and the medical literature, if applicable, reduce the likelihood of chemotherapy- FDA has identified the following risks FDA determined that the device can be induced alopecia will need to comply to health associated with this type of classified into class II with the with the special controls named in this device and the measures required to establishment of special controls. FDA final order. mitigate these risks:

TABLE 1—SCALP COOLING SYSTEM TO REDUCE THE LIKELIHOOD OF CHEMOTHERAPY-INDUCED ALOPECIA RISKS AND MITIGATION MEASURES

Identified risk Mitigation measure

Thermal Tissue Damage ...... Non-clinical Performance Testing. Software Verification, Validation, and Hazard Analysis Labeling. Electromagnetic Interference/Electrical Shock ...... Electromagnetic Compatibility and Electrical Testing Labeling. Adverse Tissue Reaction ...... Biocompatibility. Increased Risk of Scalp Metastases ...... Labeling. Patient Labeling. Use Error ...... Labeling. Scalp Pain, Headache, and Chills ...... Labeling. Patient Labeling.

FDA believes that the special controls the likelihood of chemotherapy-induced 1061, Rockville, MD 20852, and is in § 878.4360(b)(1) through (6), in alopecia they intend to market. available for viewing by interested persons between 9 a.m. and 4 p.m., addition to the general controls, address II. Analysis of Environmental Impact these risks to health and provide Monday through Friday; it is also reasonable assurance of safety and The Agency has determined under 21 available electronically at http:// effectiveness. CFR 25.34(b) that this action is of a type www.regulations.gov. that does not individually or Scalp cooling systems to reduce the cumulatively have a significant effect on 1. DEN150010: De novo request per 513(f)(2) likelihood of chemotherapy-induced from Target Health, Inc. (on behalf of the human environment. Therefore, Dignitana AB), dated March 6, 2015. alopecia are prescription devices neither an environmental assessment restricted to patient use only upon the nor an environmental impact statement List of Subjects in 21 CFR Part 878 authorization of a practitioner licensed is required. by law to administer or use the device; Medical devices. see 21 CFR 801.109 (Prescription III. Paperwork Reduction Act of 1995 Therefore, under the Federal Food, devices). This final order establishes special Drug, and Cosmetic Act and under Section 510(m) of the FD&C Act controls that refer to previously authority delegated to the Commissioner provides that FDA may exempt a class approved collections of information of Food and Drugs, 21 CFR part 878 is II device from the premarket notification found in other FDA regulations. These amended as follows: collections of information are subject to requirements under section 510(k) of the review by the Office of Management and PART 878—GENERAL AND PLASTIC FD&C Act, if FDA determines that Budget (OMB) under the Paperwork SURGERY DEVICES premarket notification is not necessary Reduction Act of 1995 (44 U.S.C. 3501– to provide reasonable assurance of the 3520). The collections of information in ■ 1. The authority citation for 21 CFR safety and effectiveness of the device. part 807, subpart E, regarding premarket part 878 continues to read as follows: For this type of device, FDA has notification submissions have been Authority: 21 U.S.C. 351, 360, 360c, 360e, determined that premarket notification approved under OMB control number 360j, 360l, 371. is necessary to provide reasonable 0910–0120, and the collections of ■ assurance of the safety and effectiveness 2. Add § 878.4360 to subpart E to read information in 21 CFR part 801, as follows: of the device. Therefore, this device regarding labeling, have been approved type is not exempt from premarket under OMB control number 0910–0485. § 878.4360 Scalp cooling system to reduce notification requirements. Persons who the likelihood of chemotherapy-induced intend to market this type of device IV. Reference alopecia. must submit to FDA a premarket The following reference is on display (a) Identification. A scalp cooling notification, prior to marketing the in the Division of Dockets Management system to reduce the likelihood of device, which contains information (HFA–305), Food and Drug chemotherapy-induced alopecia is a about the scalp cooling system to reduce Administration, 5630 Fishers Lane, Rm. prescription device intended to reduce

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the frequency and severity of alopecia Dated: February 8, 2016. Dated: February 9, 2016. during chemotherapy in which Leslie Kux, David S. Newman, alopecia-inducing chemotherapeutic Associate Commissioner for Policy. Director of Legal Affairs, Visa Services, agents are used. [FR Doc. 2016–02878 Filed 2–11–16; 8:45 am] Bureau of Consular Affairs, U.S. Department of State. (b) Classification—Class II (special BILLING CODE 4164–01–P controls). The special controls for this [FR Doc. 2016–02962 Filed 2–11–16; 8:45 am] device are: BILLING CODE 4710–06–P (1) Non-clinical performance testing DEPARTMENT OF STATE must demonstrate that the device meets all design specifications and 22 CFR Part 41 PENSION BENEFIT GUARANTY performance requirements, and that the [Public Notice: 9439] CORPORATION device performs as intended under anticipated conditions of use. This RIN 1400–AD17 29 CFR Part 4022 information must include testing to Visas: Documentation of demonstrate accuracy of the Benefits Payable in Terminated Single- Nonimmigrants Under the Immigration temperature control mechanism. Employer Plans; Interest Assumptions and Nationality Act, as Amended for Paying Benefits (2) Performance testing must demonstrate the electromagnetic AGENCY: Department of State. AGENCY: Pension Benefit Guaranty compatibility and electrical safety of the ACTION: Interim final rule; correction. Corporation. device. SUMMARY: The Department of State ACTION: Final rule. (3) Software verification, validation, published a Federal Register interim and hazard analysis must be performed. SUMMARY: This final rule amends the final rule on February 4, 2016, in Pension Benefit Guaranty Corporation’s (4) The patient contacting Volume 81, No. 23, page 5906. The components of the device must be regulation on Benefits Payable in document contains an error in the Terminated Single-Employer Plans to demonstrated to be biocompatible. Regulatory Findings. This document Material names must be provided. prescribe interest assumptions under corrects the rule by replacing the text, the regulation for valuation dates in (5) Labeling must include the ‘‘included elsewhere in this edition of following: March 2016. The interest assumptions the Federal Register’’ with ‘‘published are used for paying benefits under (i) A statement describing the in the Federal Register on February 8, terminating single-employer plans potential risk of developing scalp 2016, 81 FR 6430.’’ There is also a covered by the pension insurance metastasis. correction in the ADDRESSES section, to system administered by PBGC. (ii) Information on the patient provide the correct public notice DATES: Effective March 1, 2016. population and chemotherapeutic number to find the rule to submit agents/regimen for which the device has comments on www.regulations.gov. FOR FURTHER INFORMATION CONTACT: been demonstrated to be effective. DATES: This correction is effective on Catherine B. Klion (Klion.Catherine@ pbgc.gov), Assistant General Counsel for (iii) A summary of the non-clinical February 19, 2016. Written comments Regulatory Affairs, Pension Benefit and/or clinical testing pertinent to use must be received on or before April 4, Guaranty Corporation, 1200 K Street of the device. 2016. FOR FURTHER INFORMATION CONTACT: NW., Washington, DC 20005, 202–326– (iv) A summary of the device 4024. (TTY/TDD users may call the technical parameters, including Paul-Anthony L. Magadia, U.S. Department of State, Visa Services, Federal relay service toll-free at 1–800– temperature cooling range and duration 877–8339 and ask to be connected to of cooling. Legislation and Regulations Division, Washington, DC 20006, 202–485–7641; 202–326–4024.) (v) A summary of the device- and email: [email protected]. SUPPLEMENTARY INFORMATION: PBGC’s procedure-related adverse events regulation on Benefits Payable in pertinent to use of the device. SUPPLEMENTARY INFORMATION: The Department of State published an Terminated Single-Employer Plans (29 (vi) Information on how the device interim final rule on February 4, 2016 CFR part 4022) prescribes actuarial operates and the typical course of (81 FR 5906); this document corrects assumptions—including interest treatment. text in the ADDRESSES section and in the assumptions—for paying plan benefits (6) Patient labeling must be provided discussion of Executive Order 12866. under terminating single-employer and must include: plans covered by title IV of the (i) Relevant contraindications, Correction Employee Retirement Income Security warnings, precautions, and adverse In the FR Doc 2016–02191, appearing Act of 1974. The interest assumptions in effects/complications. on page 5906 in the Federal Register of the regulation are also published on (ii) Information on how the device February 4, 2016 (81 FR 5906): PBGC’s Web site (http://www.pbgc.gov). operates and the typical course of 1. In the second column of page 5906, PBGC uses the interest assumptions in treatment. third item under ADDRESSES, the term Appendix B to Part 4022 to determine whether a benefit is payable as a lump (iii) Information on the patient ‘‘XXXX’’ is corrected to read ‘‘9428.’’ 2. In the third column of page 5907, sum and to determine the amount to population for which there is clinical the first sentence of the discussion pay. Appendix C to Part 4022 contains evidence of effectiveness. regarding ‘‘Executive Order 12866: interest assumptions for private-sector (iv) The potential risks and benefits Regulatory Review’’ is corrected to read: pension practitioners to refer to if they associated with use of the device. ‘‘The costs of this rulemaking are wish to use lump-sum interest rates (v) Postoperative care instructions. discussed in the companion DHS rule, determined using PBGC’s historical (vi) A statement describing the RIN 1651–AB09, published in the methodology. Currently, the rates in potential risk of developing scalp Federal Register on February 8, 2016, Appendices B and C of the benefit metastasis. 81 FR 6430.’’ payment regulation are the same.

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The interest assumptions are intended interest assumptions promptly so that List of Subjects in 29 CFR Part 4022 to reflect current conditions in the the assumptions can reflect current Employee benefit plans, Pension financial and annuity markets. market conditions as accurately as insurance, Pensions, Reporting and Assumptions under the benefit possible. recordkeeping requirements. payments regulation are updated Because of the need to provide monthly. This final rule updates the In consideration of the foregoing, 29 immediate guidance for the payment of benefit payments interest assumptions CFR part 4022 is amended as follows: benefits under plans with valuation for March 2016.1 The March 2016 interest assumptions dates during March 2016, PBGC finds PART 4022—BENEFITS PAYABLE IN under the benefit payments regulation that good cause exists for making the TERMINATED SINGLE-EMPLOYER will be 1.25 percent for the period assumptions set forth in this PLANS amendment effective less than 30 days during which a benefit is in pay status ■ after publication. 1. The authority citation for part 4022 and 4.00 percent during any years continues to read as follows: preceding the benefit’s placement in pay PBGC has determined that this action status. In comparison with the interest is not a ‘‘significant regulatory action’’ Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344. assumptions in effect for February 2016, under the criteria set forth in Executive these interest assumptions are Order 12866. ■ 2. In appendix B to part 4022, add unchanged. Rate Set 269 to the table to read as Because no general notice of proposed PBGC has determined that notice and follows: public comment on this amendment are rulemaking is required for this impracticable and contrary to the public amendment, the Regulatory Flexibility Appendix B to Part 4022—Lump Sum interest. This finding is based on the Act of 1980 does not apply. See 5 U.S.C. Interest Rates For PBGC Payments need to determine and issue new 601(2). * * * * *

For plans with a valuation date Immediate Deferred annuities Rate set annuity rate (percent) On or after Before (percent) i1 i2 i3 n1 n2

******* 269 ...... 3–1–16 4–1–16 1.25 4.00 4.00 4.00 7 8

■ 3. In appendix C to part 4022, add Appendix C to Part 4022—Lump Sum Rate Set 269 to the table to read as Interest Rates For Private-Sector follows: Payments * * * * *

For plans with a valuation date Immediate Deferred annuities Rate set annuity rate (percent) On or after Before (percent) i1 i2 i3 n1 n2

******* 269 ...... 3–1–16 4–1–16 1.25 4.00 4.00 4.00 7 8

Issued in Washington, DC, on this 4th day ENVIRONMENTAL PROTECTION chemical substances that were the of February 2016. AGENCY subject of premanufacture notices Judith Starr, (PMNs). This action requires persons General Counsel, Pension Benefit Guaranty 40 CFR Parts 9 and 721 who intend to manufacture (including Corporation. [EPA–HQ–OPPT–2013–0399; FRL–9941–56] import) or process any of the chemical [FR Doc. 2016–02810 Filed 2–11–16; 8:45 am] substances for an activity that is BILLING CODE 7709–02–P RIN 2070–AB27 designated as a significant new use by this rule to notify EPA at least 90 days Significant New Use Rule on Certain before commencing that activity. The Chemical Substances required notification would provide AGENCY: Environmental Protection EPA with the opportunity to evaluate Agency (EPA). the intended use and, if necessary, to ACTION: Final rule. prohibit or limit the activity before it occurs. SUMMARY: EPA is finalizing significant new use rules (SNURs) under the Toxic DATES: This final rule is effective April Substances Control Act (TSCA) for three 12, 2016.

1 Appendix B to PBGC’s regulation on Allocation benefits under terminating covered single-employer ERISA section 4044. Those assumptions are of Assets in Single-Employer Plans (29 CFR part plans for purposes of allocation of assets under updated quarterly. 4044) prescribes interest assumptions for valuing

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ADDRESSES: The docket for this action, SNUR requirements. The EPA policy in B. What is the Agency’s authority for identified by docket identification (ID) support of import certification appears taking this action? number EPA–HQ–OPPT–2013–0399, is at 40 CFR part 707, subpart B. In Section 5(a)(2) of TSCA (15 U.S.C. available at http://www.regulations.gov addition, any persons who export or 2604(a)(2)) authorizes EPA to determine or at the Office of Pollution Prevention intend to export a chemical substance to that a use of a chemical substance is a and Toxics Docket (OPPT Docket), a proposed or final rule are subject to ‘‘significant new use.’’ EPA must make Environmental Protection Agency the export notification provisions of this determination by rule after Docket Center (EPA/DC), West William TSCA section 12(b) (15 U.S.C. 2611(b)) considering all relevant factors, Jefferson Clinton Bldg., Rm. 3334, 1301 (see § 721.20), and must comply with including the four bulleted TSCA Constitution Ave. NW., Washington, the export notification requirements in section 5(a)(2) factors, listed in Unit IV. DC. The Public Reading Room is open 40 CFR part 707, subpart D. of this rule. Once EPA determines that from 8:30 a.m. to 4:30 p.m., Monday a use of a chemical substance is a through Friday, excluding legal II. Background significant new use, TSCA section holidays. The telephone number for the A. What action is the Agency taking? 5(a)(1)(B) requires persons to submit a Public Reading Room is (202) 566–1744, significant new use notice (SNUN) to and the telephone number for the OPPT EPA is finalizing SNURs, under TSCA EPA at least 90 days before they Docket is (202) 566–0280. Please review section 5(a)(2), for three very long chain manufacture or process the chemical the visitor instructions and additional chlorinated paraffin (vLCCPs—alkyl substance for that use. Persons who information about the docket available chain length of C21 and above) chemical must report are described in § 721.5. at http://www.epa.gov/dockets. substances that were the subject of C. Applicability of General Provisions FOR FURTHER INFORMATION CONTACT: PMNs P–12–539, P–13–107, and P–13– For technical information contact: 109. This final rule requires persons General provisions for SNURs appear Kenneth Moss, Chemical Control who intend to manufacture or process in 40 CFR part 721, subpart A. These Division (7405M), Office of Pollution any of these chemical substances for an provisions describe persons subject to Prevention and Toxics, Environmental activity that is designated as a the rule, recordkeeping requirements, Protection Agency, 1200 Pennsylvania significant new use to notify EPA at exemptions to reporting requirements, Ave. NW., Washington, DC 20460–0001; least 90 days before commencing that and applicability of the final rule to uses telephone number: (202) 564–9232; activity. occurring before the effective date of the final rule. Provisions relating to user email address: [email protected]. In the Federal Register of August 7, For general information contact: The fees appear at 40 CFR part 700. 2013 (78 FR 48051) (FRL–9393–4), EPA TSCA-Hotline, ABVI-Goodwill, 422 According to § 721.1(c), persons subject issued direct final SNURs on these three South Clinton Ave., Rochester, NY to these SNURs must comply with the chemical substances in accordance with 14620; telephone number: (202) 554– same SNUN requirements and EPA the procedures at § 721.160(c)(3)(i). EPA 1404; email address: TSCA-Hotline@ regulatory procedures as submitters of received notices of intent to submit epa.gov. PMNs under TSCA section 5(a)(1)(A). In adverse comments on these SNURs. particular, these requirements include SUPPLEMENTARY INFORMATION: Therefore, as required by the information submission I. Does this action apply to me? § 721.160(c)(3)(ii), EPA removed the requirements of TSCA section 5(b) and direct final SNURs in a separate final 5(d)(1), the exemptions authorized by You may be potentially affected by rule published in the Federal Register this action if you manufacture, process, TSCA section 5(h)(1), (h)(2), (h)(3), and of November 5, 2013 (78 FR 66279) (h)(5), and the regulations at 40 CFR or use the chemical substances (FRL–9902–16), and issued a proposed contained in this rule. The following list part 720. Once EPA receives a SNUN, rule in the Federal Register of February EPA may take regulatory action under of North American Industrial 10, 2014 (79 FR 7621) (FRL–9903–43). Classification System (NAICS) codes is TSCA section 5(e), 5(f), 6, or 7 to control The record for the direct final SNURs on the activities for which it has received not intended to be exhaustive, but rather these chemical substances was provides a guide to help readers the SNUN. If EPA does not take action, established as docket EPA–HQ–OPPT– EPA is required under TSCA section determine whether this document 2013–0399. That docket includes applies to them. Potentially affected 5(g) to explain in the Federal Register information considered by the Agency its reasons for not taking action. entities may include: in developing the proposed and final • Manufacturers (including rules, including comments on the III. Rationale and Objectives of the importers) or processors of one or more proposed rule. Final Rule subject chemical substances (NAICS codes 325 and 324110), e.g., chemical EPA received several comments on A. Rationale manufacturing and petroleum refineries. the proposed rules for these three During review of the PMNs submitted This action may also affect certain chemical substances, from a single for the three chemical substances that entities through pre-existing import commenter representing chlorinated are subject to these final SNURs, EPA certification and export notification paraffin (CP) manufacturers (including concluded that regulation was rules under TSCA. Chemical importers the submitter of the PMNs that are the warranted under TSCA section 5(e), are subject to the TSCA section 13 (15 subject of these SNURs). A full pending the development of information U.S.C. 2612) import certification discussion of EPA’s response to these sufficient to make reasoned evaluations requirements promulgated at 19 CFR comments is included in Unit V. of this of the health and environmental effects 12.118 through 12.127 and 19 CFR document. After consideration of these of the chemical substances. The basis 127.28. Chemical importers must certify comments, because the potential for these findings is outlined in Unit IV that the shipment of the chemical remains for increased exposure that of the proposed rule. Based on these substance complies with all applicable formed the basis for the proposed findings, a TSCA section 5(e) consent rules and orders under TSCA. Importers SNURs, EPA is issuing the final rules as order was negotiated with the PMN of chemicals subject to these SNURs they were proposed for the chemical submitter that required manufacture of must certify their compliance with the substances. the substances at certain cumulative,

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aggregate volumes unless the company • The extent to which a use increases the use before such use should occur). has submitted the results of certain the magnitude and duration of exposure EPA bases this judgment on a environmental effects studies; no of human beings or the environment to consideration of all relevant factors, manufacture of the substances with the a chemical substance. including the specific factors identified amount of chlorinated paraffins, with an • The reasonably anticipated manner at section 5(a)(2). Pursuant to TSCA alkyl chain less than or equal to 20, to and methods of manufacturing, section 5(a)(2), the PMN risk assessment exceed more than 1 percent of that PMN processing, distribution in commerce, does not serve as the basis for regulation substance by weight; and risk and disposal of a chemical substance. of these SNURs, but as a valuable source notification. The SNUR provisions for In addition to these factors of a breadth of information related to these chemical substances are consistent enumerated in TSCA section 5(a)(2), the each substance’s potential to threaten with the provisions of the TSCA section statute authorized EPA to consider any human health or the environment. 5(e) consent order. These final SNURs other relevant factors. Nonetheless, EPA does have concern are issued pursuant to § 721.160. See the To determine what would constitute a for these chemical substances because docket under docket ID number EPA– significant new use for the chemical when released to the environment, HQ–OPPT–2013–0399 for the substances listed in this final rule, EPA vLCCPs are expected to rapidly partition corresponding consent order. For considered relevant information about to particulates and sediments where additional discussion of the rationale for the toxicity of the chemical substances, they are anticipated to persist in the the SNURs on these chemicals, see likely human exposures and environment with half-lives of months Units II., IV, and V. of the proposed environmental releases associated with or greater. If they do degrade over time, rule. possible uses, and the four bulleted these substances are expected to form TSCA section 5(a)(2) factors listed in shorter chain chlorinated chemicals. B. Objectives this unit. Based on the complex starting mixtures, EPA is issuing final SNURs for three V. Response to Comments on Proposed lack of data on biological and abiotic chemical substances described above to SNUR reactions, and potential degradation achieve the following objectives with products, there is high uncertainty EPA received comments from the regard to the significant new uses regarding the fate and transport of these Chlorinated Paraffins Industry designated in this final rule: substances. Nevertheless, by analogy to • EPA will receive notice of any Association (CPIA), which represents medium chain chlorinated paraffins the CP industry, including the submitter person’s intent to manufacture or (MCCPs—alkyl chain length of C14 to of the PMN substances that are the process a listed chemical substance for C17) and LCCPs, EPA expects vLCCPs the described significant new use before subject of these SNURs and other and possible degradation products to be that activity begins. chlorinated paraffin manufacturers. potentially highly persistent, potentially • EPA will have an opportunity to CPIA’s comments, and associated highly bioaccumulative, and potentially review and evaluate data submitted in a attachments, can be found in the public toxic to aquatic and sediment-dwelling SNUN before the notice submitter docket under ID EPA–HQ–OPPT–2013– organisms. Further, within the category begins manufacturing or processing a 0399–0198. of vLCCPs, EPA expects the shorter listed chemical substance for the Comment 1: Based on existing data carbon chain range of these substances and recent reviews, CPIA believes long described significant new use. (C21 to C24) and lower chlorinated • EPA will be able to regulate chain chlorinated paraffin (LCCP—alkyl substances (degree of chlorination less prospective manufacturers or processors chain length of C18 to C20) production than 50%) to present the greatest of a listed chemical substance before the and use in the U.S. present an extremely potential for risk, as they are expected described significant new use of that low risk to human health and the to be the most bioaccumulative, mobile chemical substance occurs, provided environment. Given this, CPIA in the environment, and toxic. that regulation is warranted pursuant to questions the need for EPA to take Transport and magnification across TSCA sections 5(e), 5(f), 6, or 7. specific action under TSCA Section trophic levels may also result in toxicity Issuance of a SNUR for a chemical 5(a)(2) for any substances that could be to higher organisms, including fish, substance does not signify that the considered LCCP. CPIA then provides higher predators, and potentially chemical substance is listed on the information on why they believe LCCPs humans. EPA has concerns about the TSCA Chemical Substance Inventory and vLCCPs do not present a risk. potential for the vLCCPs to degrade to (TSCA Inventory). Guidance on how to Response: The comments primarily shorter chain chlorinated compounds, determine if a chemical substance is on addressed the underlying risk as well as concerns about potential the TSCA Inventory is available on the assessments associated with the PMNs. impurities or small fractions of MCCPs Internet at http://www.epa.gov/tsca- EPA defers a discussion of the and/or LCCPs. inventory/about-tsca-chemical- commenter’s specific concerns as they MCCPs and LCCPs are expected to be substance-inventory. are not relevant to the basis for PBT chemicals based on the following determining that the uses specified in lines of evidence: (a) The available data IV. Significant New Use Determination these SNURs constitute significant new on MCCPs, sediment core studies, Section 5(a)(2) of TSCA states that uses. EPA is neither required to environmental fate studies, and EPA’s determination that a use of a determine that a particular new use of associated calculations, indicate chemical substance is a significant new any chemical substance presents, nor transformation half-lives of months to use must be made after consideration of even that it may present, an years, depending on the environmental all relevant factors, including: unreasonable risk to human health or media. Even though there are limited • The projected volume of the environment. Rather, EPA issues a data on the LCCPs, biodegradation data manufacturing and processing of a SNUR for a use of a substance if it is a indicated increasing stability with chemical substance. significant new use (e.g., EPA has increasing chain length. LCCPs are also • The extent to which a use changes reason to anticipate that the use would expected to have transformation half- the type or form of exposure of human raise significant questions related to lives comparable to, or greater than beings or the environment to a chemical potential exposure, so that the Agency MCCPs. Therefore, MCCPs and LCCPs substance. should have an opportunity to review are expected to be very persistent; (b)

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The available data on MCCPs and impurities and states that the amount patterns and industry comment, not on LCCPs indicate that these substances should not be more than 1–2%. This is toxicological information. have bioconcentration factors (BCFs) consistent with CPIA’s understanding of Regardless of the naming conventions and bioaccumulation factors (BAFs) that the feedstocks used in LCCP raised by the commenter, in reviewing exceed 1,000 or 5,000 liters per kilogram manufacture. Only linear chloroalkanes the studies submitted with the PMNs in wet weight of tissue (L/kg ww). are desired in commercial CP products this SNUR and other PMNs, and the Therefore, MCCPs and LCCPs are and any branched chloroalkane (i.e. scientific literature more broadly, EPA expected to be very bioaccumulative; (c) chlorinated isoparaffin) content is has concluded that that there is a The available data on MCCPs and considered an impurity and should be continuum of effects linked to chain LCCPs indicated acute and chronic kept to a minimum. length and degree of chlorination. On toxicity to aquatic organism with effects Response: EPA understands that some the one end of the spectrum are SCCPs levels below 10 milligrams per liter (mg/ CPs may contain only linear and MCCPs; more data are available on L) or 0.1 mg/L, depending on the chloroalkanes, but for these two these chain lengths, and EPA has species and MCCP and LCCP congener ‘‘branched and linear’’ PMN concluded that sufficient data exists to evaluated. Therefore, MCCPs and LCCPs submissions that EPA has received, the conclude that they may be PBTs. There are expected to be toxic to aquatic percent branching is greater than the 1– are also some, albeit significantly less, organisms; (d) EPA is concerned about 2% figure mentioned in the CPIA data on the vLCCPs, most of which PBT chemicals because even small comments and the branching is thus appear to point to a lack of effects, but releases may persist in environmental part of the specific chemical name for the chemical composition of the test media, build up in the environment and TSCA Chemical Inventory purposes. substances was poorly characterized. concentrate/accumulate in organisms Comment 3: EPA has designated the Ultimately, EPA is interested in specific over time. These properties increase the PMN/SNUR substances as very long fate and toxicity tests on vLCCPs that potential for continual exposure, and chain chlorinated paraffin (vLCCP), elucidate the relationship between thus risk; and (e) EPA expects there to with a nominal carbon chain length of degree of chlorination and alkyl chain length. The testing schema is designed be releases of the PMN substances to the C to C EPA has designated LCCP as 21 30. to minimize the burden of testing of environment resulting from distribution C to C chloroalkanes, although in all 18 20 complex mixtures with numerous in commerce and during processing and other venues, including EPA’s previous congeners. all the substances’ intended uses. CP testing program, the OECD SIDS EPA notes that its risk assessments for Comment 4: According to the assessment, the European Union (EU) certain MCCP and LCCP PMNs have commenter, in the United States, Regulation on Registration, Evaluation, recently been made available for public commercial LCCP products have Authorisation and Restriction of comment in the Federal Register of generally been in either the C20 to C30 Chemicals (REACH) dossier, and other December 23, 2015 (80 FR 79886) (FRL– liquid or C20 to C30 solid subcategories, recent assessments, LCCP has been 9940–13). with C18 to C20 liquid LCCP products Comment 2: CPIA questioned the considered as C18 to C30. Most of the found mostly in the European market. recent LCCP assessments have evaluated appropriateness of treating certain of the Given the lack of C18 to C20 liquid LCCP substances in the proposed SNUR as LCCP as a category comprised of three products in the U.S. market, CPIA does chemical analogs to LCCPs or vLCCPs, main subcategories: C18 to C20 Liquid not necessarily object to EPA’s division because two of the three substances LCCP, C20 to C30 Liquid LCCP, and C20 of the existing category into LCCP and covered by this SNUR are described as to C30 Solid LCCP. vLCCP. However, CPIA, believes that being ‘‘branched and linear’’ Response: EPA recognizes that CPIA drawing a ‘‘bright line’’ at a carbon chloroalkanes: Alkanes, C21 to C34- does not agree with the EPA length of C20 is questionable based on branched and linear, chloro, CAS designations for LCCP vs. vLCCP. The the toxicology and environmental fate Registry Number (CASRN) 1417900–96– designation/cut-off for LCCPs and data available. CPIA cites as support the 9 (P–12–0539), and Alkanes, C22 to C30- vLCCPs represents the chain lengths conclusion of the OECD SIDS Initial branched and linear, chloro, CASRN potentially contained in the liquid Assessment Profile (SIAP) of LCCP, that 1401974–24–0 (P–13–0107). CPIA could chlorinated paraffins and waxy/solid ‘‘C20–30 liquid and solid LCCPs are of not find detailed compositional chlorinated paraffins. These low concern for the environment based information about these substances in designations (i.e., the differentiation on their low hazard profiles. . . . the rulemaking docket. Regardless, CPIA between C18–20 and C20 CPs) are Adequate screening-level data are does not expect that anyone intending consistent with those in other available to characterize the to make chlorinated paraffins would jurisdictions, e.g., Environment Canada environmental hazard for the purposes intentionally seek to make branched (see Ref. 1). There are a series of of the OECD HPV (High Production chloroalkanes. CP manufacturers have interactions that the CP industry has Volume) Chemicals Programme.’’ always used either n-paraffin or alpha- had with EPA over the years, including Response: EPA recognizes that CPIA olefin feedstocks, both of which should TSCA section 4 test rules on specific does not agree with the EPA be almost exclusively linear if they are TSCA chemicals and the Toxics Release designations for LCCP vs. vLCCP. EPA to be used in CP manufacturing Inventory (TRI). In previous actions disagrees with CPIA that linear C18 to operations. To the extent that these under TSCA and TRI, the Agency has C20 CPs are not available within the hydrocarbon feedstocks contain used a different naming convention, United States, as EPA has received one branched or isoparaffin content, they are often based on public comment from or more PMN submissions for these considered an impurity and something industry. However, in each action the types of CPs and therefore they may be to be minimized and closely controlled. chemical substance that was the subject commercially available. Further, these The Organisation for Economic of the action has been clear because designations are consistent with those Cooperation and Development (OECD) information such as chemical formula in other jurisdictions, e.g., Environment Screening Information Dataset (SIDS) has been part of the identification. Canada (Ref. 1). Please refer to the dossier and SIDS Initial Assessment Previous attempts to divide chlorinated response to Comment 1 for the issue of Report (SIAR) for LCCP discuss LCCP paraffins into various categories were hazard and PBT discussions pertaining isoparaffin content in its section on based primarily on industrial usage to chain length.

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Comment 5: Limited information on reliable. The most reliable and can be addressed and only if exposure/ EPA’s assessment of vLCCP is provided acceptable studies indicate that, for release information actually dictate a in the proposed SNUR, associated vLCCPs, the predicted toxicity to need for this testing. Consent Order, and the rulemaking aquatic organisms for acute endpoints Response: EPA agrees that sediment docket. Perhaps this limited information are no effects at saturation. For the toxicity is a data gap for vLCCPs. The is due to the nature of this SNUR and chronic toxicity endpoint, EPA used the most reliable and acceptable value for the PMN review process. aquatic invertebrate chronic value of the toxicity to sediment invertebrate Response: EPA reviewed the PMNs 0.013 mg/L from the Thompson et al. organisms is based on the MCCP based on the contents of the PMN and 1997 study (Ref. 2) based on a MCCP material from the Thompson et al. 2002 information available on analogs and in material. This value was divided by an study (Ref. 3). For vLCCPs, EPA used the literature. As with all PMN assessment factor of 10 to yield 0.0013 the 28-day sediment invertebrate submissions, EPA has followed the mg/L or 1.3 micrograms (mg)/L or 1.3 Geometric Mean Acceptable Toxicant processes, procedures and statutory parts per billion (ppb). Concentration (GMATC) value of 187 provisions of TSCA section 5 for the Comment 7: CPIA readily mg/kg dry weight sediment as an analog chlorinated paraffin PMNs, including acknowledges that, as EPA notes, approach to assess hazard. To calculate EPA’s Policy Statement on PBT New toxicity to aquatic plant life and toxicity an acute concern concentration, this Chemical Substances (64 FR 60194; to sediment organisms are data gaps for value is first multiplied by an acute to November 4, 1999; FRL–6097–7). EPA’s LCCP. There have been several different chronic ratio for invertebrates of 10 to assessment of exposures and risks for approaches used to fill these data gaps. yield 1,870 mg/kg dry weight sediment, these three PMN substances is provided In the case of aquatic plant life, some and then this value is divided by an in Unit IV of the Preamble to the section testing has been done on LCCP toxicity assessment factor of 5 to yield 374 mg/ 5(e) Consent Order (available in the to aquatic plant life though the kg dry weight sediment. For the chronic public docket to the proposed rule) and reliability of these data has been called toxicity endpoint, EPA used the 28-day is also presented in the response to into question by reviewers and the data sediment invertebrate GMATC of 187 Comment 1. Note that EPA has recently were not deemed sufficiently valid to mg/kg dry weight sediment also from made available assessments for certain address the endpoint. Most assessments the Thompson et al. 2002 study. This MCCP and LCCP PMNs, in the Federal of LCCP have thus considered read- value is divided by an assessment factor Register of December 23, 2015 (80 FR across data from MCCP as being of 10 to yield 18.7 mg/kg dry weight 79886) (FRL–9940–13). adequate to fill this data gap. The data sediment. Comment 6: EPA indicates that it was from MCCP indicate that neither MCCP, Comment 9: EPA states that vLCCP by unable to locate any chronic aquatic nor LCCP by analogy, are toxic to analogy to MCCP may be ‘‘potentially toxicity data on LCCP and as a aquatic plant life. Given this, CPIA highly persistent, potentially consequence has relied solely on MCCP supports the use of MCCP data in the bioaccumulative and potentially toxic.’’ data. Further, EPA claims that based on assessment of LCCP/vLCCP. these MCCP data there may be concerns Response: EPA agrees that toxicity to EPA further indicates that, ‘‘[t]ransport regarding vLCCP’s aquatic toxicity. EPA aquatic plant life is a data gap for LCCP/ and magnification across trophic levels should be aware that there are both vLCCP and that MCCP serves as an may also result in toxicity to higher chronic fish and invertebrate toxicity appropriate analog in a read-across organisms, including fish, higher data on various carbon chain length and approach. predators, and potentially humans,’’ chlorination level LCCP test materials. Comment 8: For LCCP sediment though it is not clear whether this These were included in all of the recent toxicity and risk, previous assessments statement is directed at vLCCP or MCCP reviews of LCCP, including the OECD by the U.K. Environment Agency and as an analog. Regardless, EPA should be SIDS assessment, the REACH the REACH registration dossier have aware there has been considerable registration dossier, and the U.K. LCCP extrapolated from LCCP aquatic toxicity research done in recent years on the Environmental Risk Assessment report. data to sediment toxicity using the environmental fate of MCCP, including Response: As noted in the TSCA equilibrium partitioning method. This new research on biodegradation and the section 5(e) Consent Order signed with approach is detailed in Attachment C of potential for bioaccumulation, including the PMN submitter and available in the CPIA’s comments, which is a direct trophic magnification potential. public docket, there were no valid excerpt from the U.K. Environment Response: EPA has reviewed all the chronic aquatic toxicity data available Agency’s (EA) LCCP assessment. Given information cited by CPIA, including for LCCPs or vLCCPs. EPA did consider the very low water solubility of LCCP the specific biodegradation studies the LCCP REACH Consortium aquatic and the very high predicted Kow, this described in the comments and toxicity database (see Attachment B in method estimates rather high predicted biodegradation studies on LCCPs. No the CPIA comments), but the data were no effect concentrations (PNECs) for persistence or bioaccumulation data inadequate to allow EPA to identify a LCCP. A PNEC is functionally similar to were available or submitted to EPA for Concentration of Concern (COC). The EPA’s concentration of concern (CoC) in the commercial Unknown or Variable studies tested concentrations in excess that both are points of departure for composition, Complex reaction of the water solubility and did not environmental risk assessment. The products and Biological materials analytically measure the concentrations comparison between the sediment (UVCB) multicomponent substances that were in solution, which led to PNECs derived by the EA using the described in the PMNs. In the absence results orders of magnitude above the equilibrium partitioning method and the of data on the commercial UVCB water solubility. Given the lack of sediment CoC derived by EPA using an substances, EPA used data on their reliable test data for the PMN substances MCCP sediment toxicity study are components, analogs and used a read- listed in the SNUR, EPA used a read- orders of magnitude apart. Given this across approach. EPA notes that close across approach using MCCPs. The large difference and the fact that both analogs of MCCPs are the short chain chronic aquatic toxicity test results and methods have limitations, CPIA thinks chlorinated paraffins (SCCPs) which resulting COCs for MCCP data are that this may be a data gap to consider have been proposed for addition to the within the estimated water solubilities for additional testing of vLCCP Stockholm Convention on Persistent and therefore these data are deemed assuming chemical analysis concerns Organic Pollutants.

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Comment 10: Given the available outlines the use of bioconcentration notes that information regarding data, CPIA believes that any analogy to factors (BCFs), bioaccumulation factors releases of vLCCPs was submitted to MCCP for vLCCP must consider that (BAFs), and biomagnification factors EPA by the PMN submitter of these while lower chlorinated CP substances (BMFs) to be considered with caution. three SNUR substances and is used in may have somewhat greater capacity to EPA believes that its review of available the risk assessment. EPA’s risk bioaccumulate—though data on the bioaccumulation potential of assessment for the PMN substances bioaccumulation will also decrease MCCPs is consistent with the approach indicated that releases of the substances significantly with increasing carbon described by Gobas et al. (Ref. 9) and may occur and that without the less chain length—these same lower that the data support its finding that than 1 weight percent of chlorinated chlorinated CPs show a greater potential MCCPs may be very bioaccumulative paraffins with an alkyl chain ≤ 20 to biodegrade. In fact, MCCP and by analogy so may vLCCPs. manufacturing restriction, those releases constituents up to 50% chlorination Comment 11: CPIA is concerned that may pose an unreasonable risk to the have been found to be readily EPA’s proposed testing approach for environment. Further, apart from any biodegradable and therefore are not vLCCP in the proposed SNUR risk resulting from releases assessed for persistent, bioaccumulative, and toxic (Attachment A of CPIA’s comments) the PMN chemical substance, chemicals (PBTs). Higher chlorinated fails to consider the highly complex chlorinated paraffins with alkyl chain MCCP constituents also showed nature of the LCCP/vLCCP UVCB lengths ≤ 20 are very persistent and very significant potential to biodegrade substances and the analytical bioaccumulative toxic chemical though the results did not reach the limitations inherent to this complex substances. Thus a SNUR is important ‘‘ready’’ criteria. Perhaps even more composition. For example, even a single because it gives EPA an opportunity to telling is the fact that field studies have carbon-chain length straight-chain review and evaluate data on the not shown MCCP to biomagnify across chloroalkane, will have tens of significant new use before it trophic levels (Ref. 4). CPIA believes thousands or more possible isomers. commences. These significant new use that vLCCP, which is less soluble in Tomy et al. (Ref. 10) calculated that for may have release and exposure profiles water and less bioavailable than MCCP, a C13 chloroalkane at 60% chlorination that are different from that considered will have even less potential to move up by weight, the total number of possible in the PMN. through the troposphere and isomers is 3,549, even assuming no To the extent that the commenter is biomagnify. This conclusion was more than one chlorine atom bound to suggesting that the predicted releases to similarly reached by the U.K. an individual carbon atom. This number surface water do not present a risk and of theoretical isomers more than Environment Agency (Ref. 5), the OECD thus do not support a significant new doubles with each added carbon (Ref. 6), and the European Chemical determination, EPA notes that a number, suggesting that by C , the Bureau (ECB) PBT Working Group (Ref. 21 significant new use determination is not lowest carbon chain length that EPA has 7). based on risk. proposed testing, this test material Response: EPA has reviewed all the could have hundreds of thousands of VI. Applicability of the Significant New information cited by CPIA including the possible isomers. Use Designation specific bioaccumulation/ Response: EPA understands the biomagnification studies described in complexity of vLCCPs and therefore If uses begun after the proposed rule the comments. No persistence or stipulates under the consent order for was published were considered ongoing bioaccumulation data were submitted the PMN substances the testing of three rather than new, any person could for the commercial UVCB specific chain lengths and chlorination defeat the SNUR by initiating the multicomponent substances described levels. EPA expects that a single chain significant new use before the final rule in the PMNs. In the absence of data on length at a specific chlorination level was issued. Therefore EPA has the commercial UVCB multicomponent can be produced. The purpose of the designated the date of publication of the substance, EPA used data on sequence of testing, i.e., biodegradation proposed rule as the cutoff date for components of that substance, structural testing and identification of degradation determining whether the new use is analogs and a read-across approach. products followed by bioaccumulation ongoing. Consult the Federal Register Although bioaccumulation data are testing and benthic toxicity testing, is to notice of April 24, 1990 (55 FR 17376, lacking with vLCCPs, there is still use the results of the biodegradation FRL 3658–5) for a more detailed concern for the presence of lower chain tests to identify biodegradation discussion of the cutoff date for ongoing length and moderately chlorinated products. The selection of three less uses. components in the vLCCP commercial complex congener PMN surrogates for Any person who began commercial UVCB multicomponent substance that testing reduces the analytical manufacture or processing of the have the potential to be both persistent complexities associated with chemical substances identified in this and bioaccumulative. EPA considered characterization of the test substance rule for any of the significant new uses more recent reviews of the and identification of products formed designated in the proposed SNUR after bioaccumulation potential of MCCPs by during biodegradation testing. the date of publication of the proposed Thompson and Vaughn (Ref. 4) and Comment 12. Current guidance from SNUR, must stop that activity before the Arnot (Ref. 8) in making the manufacturers indicates that vLCCP effective date of the final rule. Persons determination that MCCPs may be very substances should not be released to who ceased those activities will have to bioaccumulative. The framework for surface water and/or poured down the first comply with all applicable SNUR assessing bioaccumulation outlined by drain. When this guidance is applied to notification requirements and wait until Gobas et al. (Ref. 9) describes a preferred exposure models, the predicted releases the notice review period, including any data hierarchy that places field Trophic levels to surface water and extensions, expires, before engaging in Magnification Factor (TMF) studies at corresponding concentrations in any activities designated as significant the top. EPA recognizes that there are sediment are below the levels of new uses. If a person were to meet the significant uncertainties associated with concern. conditions of advance compliance the available TMF data for MCCPs. In Response: While the SNUR is not under 40 CFR 721.45(h), the person the absence of such data, the framework based on EPA’s risk assessment, EPA would be considered to have met the

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requirements of the final SNUR for IX. Economic Analysis Kathleen Plotzke. 2009. Revisiting those activities. Bioaccumulation Criteria for POPs and EPA evaluated the potential costs of PBT Assessments. Integrated VII. Test Data and Other Information SNUN requirements for potential Environmental Assessment and manufacturers and processors of the Mangement 5(4): 624–637. EPA recognizes that TSCA section 5 chemical substances in the rule. The 10. Tomy, Gregg T.; Gary A. Stern, Derek C.G. does not require the development of any Agency’s complete Economic Analysis Muir, Aaron T. Fisk, Chris D. particular test data before submission of is available in the docket under docket Cymbalisty, and John B. Westmore. 1997. a SNUN. The two exceptions are: ID number EPA–HQ–OPPT–2014–0390 Quantifying C10–C13 Polychloroalkanes 1. Development of test data is in Environmental Samples by High- X. References Resolution Gas Chromatography/ required where the chemical substance Electron Capture Negative Ion High- subject to the SNUR is also subject to a The following is a listing of those Resolution Mass Spectrometry. test rule under TSCA section 4 (see documents used to prepare the Analytical Chemistry 69: 2762–2771. TSCA section 5(b)(1)). preamble to this final rule. Additional XI. Statutory and Executive Order 2. Development of test data may be information for this final rule can be Reviews necessary where the chemical substance located under docket ID number EPA– has been listed under TSCA section HQ–OPPT–2013–0399, which is A. Executive Order 12866 5(b)(4) (see TSCA section 5(b)(2)). available for inspection as specified This final rule establishes SNURs for In the absence of a TSCA section 4 under ADDRESSES. chemical substances that were the test rule or a TSCA section 5(b)(4) 1. Environment Canada, August 2008. subject of PMNs. The Office of listing covering the chemical substance, Canadian Environmental Protection Act, Management and Budget (OMB) has persons are required only to submit test 1999 Follow-up Report on a PSL1 exempted these types of actions from data in their possession or control and Assessment for Which Data Were review under Executive Order 12866, to describe any other data known to or Insufficient to Conclude Whether the entitled ‘‘Regulatory Planning and reasonably ascertainable by them (see Substances Were ‘‘Toxic’’ to the Review’’ (58 FR 51735, October 4, 1993). § 720.50). However, upon review of Environment and to the Human Health: Chlorinated Paraffins. B. Paperwork Reduction Act (PRA) PMNs and SNUNs, the Agency has the 2. Thompson, R.S., N.J. Williams, and E. authority to require appropriate testing. Gillings. 1997. Chlorinated Paraffin According to PRA (44 U.S.C. 3501 et Recommended testing that would (52% Chlorinated, C14-C17): Chronic seq.), an agency may not conduct or address the criteria of concern of Toxicity to Daphnia Magna. AstraZeneca sponsor, and a person is not required to § 721.170 can be found in Unit IV. of the Confidential Report, BL 5791/B. respond to a collection of information proposed rule. Descriptions of tests are 3. Thompson, R.S., D.V. Smyth, and E. that requires OMB approval under PRA, provided only for informational Gillings. 2002. Medium-Chain unless it has been approved by OMB Chlorinated Paraffin (52% Chlorinated, purposes. EPA strongly encourages and displays a currently valid OMB C14–17): Effects in Sediment on the persons, before performing any testing, control number. The OMB control Survival, Growth and Sexual numbers for EPA’s regulations in title 40 to consult with the Agency pertaining to Development of the Freshwater protocol selection. Amphipod, Hyalella Azteca. of the CFR, after appearing in the Federal Register, are listed in 40 CFR SNUN submitters should be aware AstraZeneca Confidential Report part 9, and included on the related that EPA will be better able to evaluate BL7469/B. collection instrument or form, if SNUNs which provide detailed 4. Thompson, Roy and Martin Vaughn. 2014. Medium-chain chlorinated paraffins applicable. EPA is amending the table in information on the following: • (MCCPs): A review of bioaccumulation 40 CFR part 9 to list the OMB approval Human exposure and potential in the aquatic environment. number for the information collection environmental release that may result Integrated Environmental Assessment requirements contained in this final from the significant new use of the and Management. Volume 10, Issue 1, rule. This listing of the OMB control pages 78–86, January 2014. chemical substances. numbers and their subsequent • Potential benefits of the chemical 5. U.K. Environment Agency (EA). 2009. Environmental Risk Evaluation Report: codification in the CFR satisfies the substances. display requirements of PRA and OMB’s • Long-Chain Chlorinated Paraffins. Information on risks posed by the January 2009. implementing regulations at 5 CFR part chemical substances compared to risks 6. Organisation for Economic Cooperation 1320. This Information Collection posed by potential substitutes. and Development (OECD). 2009. SIDS Request (ICR) was previously subject to Initial Assessment Report (SIAR) and VIII. SNUN Submissions public notice and comment prior to SIDS Initial Assessment Profile (SIAP) OMB approval, and given the technical According to 40 CFR 721.1(c), persons for Long Chain Chlorinated Paraffins nature of the table, EPA finds that submitting a SNUN must comply with (LCCPs). Reviewed and approved at SIAM–29, October 20–23, 2009. further notice and comment to amend it the same notice requirements and EPA 7. European Chemicals Bureau (ECB) PBT is unnecessary. As a result, EPA finds regulatory procedures as persons Working Group. 2007. Results of the that there is ‘‘good cause’’ under section submitting a PMN, including Evaluation of the PBT/vPvB Properties of 553(b)(3)(B) of the Administrative submission of test data on health and Paraffin waxes and Hydrocarbon waxes, Procedure Act (5 U.S.C. 553(b)(3)(B)) to environmental effects as described in chlor; EC number 264–150–0; CAS amend this table without further notice § 720.50. SNUNs must be on EPA Form number 63449–39–8. PBT List No. 110. and comment. No. 7710–25, generated using e-PMN September 11, 2007. The information collection software, and submitted to the Agency 8. Arnot, Jon. 2013. Comments on requirements related to this action have in accordance with the procedures set Preliminary Bioaccumulation already been approved by OMB Assessment of Medium Chain forth in §§ 721.25 and 720.40. E–PMN Chlorinated Paraffins (MCCPs): Prepared pursuant to PRA under OMB control software is available electronically at for the MCCP REACH Consortium. April number 2070–0012 (EPA ICR No. 574). http://www.epa.gov/reviewing-new- 30, 2013. This action does not impose any burden chemicals-under-toxic-substances- 9. Gobas, Frank APC; Watze de Wolf; requiring additional OMB approval. If control-act-tsca/how-submit-e-pmn. Lawrence P. Burkhard; Eric Verbruggen; an entity were to submit a SNUN to the

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Agency, the annual burden is estimated enforceable duty, contain any unfunded Executive Order 12898, entitled to average between 30 and 170 hours mandate, or otherwise have any effect ‘‘Federal Actions to Address per response. This burden estimate on small governments subject to the Environmental Justice in Minority includes the time needed to review requirements of UMRA sections 202, Populations and Low-Income instructions, search existing data 203, 204, or 205 (2 U.S.C. 1501 et seq.). Populations’’ (59 FR 7629, February 16, sources, gather and maintain the data 1994). E. Executive Order 13132 needed, and complete, review, and XII. Congressional Review Act (CRA) submit the required SNUN. This action will not have a substantial Send any comments about the direct effect on States, on the Pursuant to the Congressional Review accuracy of the burden estimate, and relationship between the national Act (5 U.S.C. 801 et seq.), EPA will any suggested methods for minimizing government and the States, or on the submit a report containing this rule and respondent burden, including through distribution of power and other required information to the U.S. the use of automated collection responsibilities among the various Senate, the U.S. House of techniques, to the Director, Collection levels of government, as specified in Representatives, and the Comptroller Strategies Division, Office of Executive Order 13132, entitled General of the United States prior to Environmental Information (2822T), ‘‘Federalism’’ (64 FR 43255, August 10, publication of the rule in the Federal Environmental Protection Agency, 1200 1999). Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Pennsylvania Ave. NW., Washington, F. Executive Order 13175 DC 20460–0001. Please remember to List of Subjects include the OMB control number in any This action does not have Tribal correspondence, but do not submit any implications because it is not expected 40 CFR Part 9 completed forms to this address. to have substantial direct effects on Environmental protection, Reporting Indian Tribes. This final rule does not and recordkeeping requirements. C. Regulatory Flexibility Act (RFA) significantly nor uniquely affect the On February 18, 2012, EPA certified communities of Indian Tribal 40 CFR Part 721 pursuant to RFA section 605(b) (5 U.S.C. governments, nor does it involve or Environmental protection, Chemicals, 601 et seq.), that promulgation of a impose any requirements that affect Hazardous substances, Reporting and SNUR does not have a significant Indian Tribes. Accordingly, the recordkeeping requirements. requirements of Executive Order 13175, economic impact on a substantial Dated: February 5, 2016. number of small entities where the entitled ‘‘Consultation and Coordination Maria J. Doa, following are true: with Indian Tribal Governments’’ (65 FR 1. A significant number of SNUNs 67249, November 9, 2000), do not apply Director, Chemical Control Division, Office of Pollution Prevention and Toxics. would not be submitted by small to this final rule. entities in response to the SNUR. ■ Therefore, 40 CFR parts 9 and 721 are 2. The SNUR submitted by any small G. Executive Order 13045 amended as follows: entity would not cost significantly more This action is not subject to Executive PART 9—[AMENDED] than $8,300. Order 13045, entitled ‘‘Protection of A copy of that certification is Children from Environmental Health ■ 1. The authority citation for part 9 available in the docket for this final Risks and Safety Risks’’ (62 FR 19885, continues to read as follows: April 23, 1997), because this is not an rule. Authority: 7 U.S.C. 135 et seq., 136–136y; This final rule is within the scope of economically significant regulatory 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; the February 18, 2012 certification. action as defined by Executive Order 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 Based on the Economic Analysis 12866, and this action does not address U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, discussed in Unit VIII. and EPA’s environmental health or safety risks 1321, 1326, 1330, 1342, 1344, 1345 (d) and experience promulgating SNURs disproportionately affecting children. (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, (discussed in the certification), EPA 1971–1975 Comp. p. 973; 42 U.S.C. 241, H. Executive Order 13211 believes that the following are true: 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, • A significant number of SNUNs This action is not subject to Executive 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., would not be submitted by small Order 13211, entitled ‘‘Actions 6901–6992k, 7401–7671q, 7542, 9601–9657, entities in response to the SNUR. Concerning Regulations That 11023, 11048. • Submission of the SNUN would not Significantly Affect Energy Supply, ■ 2. In § 9.1, add the following sections cost any small entity significantly more Distribution, or Use’’ (66 FR 28355, May in numerical order under the than $8,300. 22, 2001), because this action is not undesignated center heading Therefore, the promulgation of the expected to affect energy supply, ‘‘Significant New Uses of Chemical SNUR would not have a significant distribution, or use and because this Substances’’ to read as follows: economic impact on a substantial action is not a significant regulatory number of small entities. action under Executive Order 12866. § 9.1 OMB Approvals under the Paperwork Reduction Act. D. Unfunded Mandates Reform Act I. National Technology Transfer and (UMRA) Advancement Act (NTTAA) * * * * * Based on EPA’s experience with In addition, since this action does not 40 CFR citation OMB Control proposing and finalizing SNURs, State, involve any technical standards, No. local, and Tribal governments have not NTTAA section 12(d) (15 U.S.C. 272 been impacted by these rulemakings, note), does not apply to this action. and EPA does not have any reasons to ***** J. Executive Order 12898 believe that any State, local, or Tribal Significant New Uses of Chemical government will be impacted by this This action does not entail special Substances final rule. As such, EPA has determined considerations of environmental justice that this action does not impose any related issues as delineated by

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OMB Control 1401947–24–0) is subject to reporting provisions of § 721.185 apply to this 40 CFR citation No. under this section for the significant section. new uses described in paragraph (a)(2) [FR Doc. 2016–02952 Filed 2–11–16; 8:45 am] ***** of this section. BILLING CODE 6560–50–P 721.10673 ...... 2070–0012 (2) The significant new uses are: 721.10674 ...... 2070–0012 (i) Industrial, commercial, and 721.10675 ...... 2070–0012 consumer activities. Requirements as ENVIRONMENTAL PROTECTION ***** specified in § 721.80 (j)(manufacture of AGENCY the PMN substance with less than 1 * * * * * weight percent of chlorinated paraffins 40 CFR Part 70 with an alkyl chain ≤ 20) and (p) PART 721—[AMENDED] (1,200,000 kg, 14,100,000 kg, 59,100,000 [EPA–R03–OAR–2015–0594; FRL–9942–12– kg, 78,400,000 kg, and 86,100,000 kg of Region 3] ■ 3. The authority citation for part 721 the aggregate of the PMN substances P– continues to read as follows: 12–539, P–13–107, and P–13–109, from Clean Air Act Title V Operating Permit Authority: 15 U.S.C. 2604, 2607, and the March 19, 2013 effective date of the Program Revision; West Virginia 2625(c). TSCA section 5(e) consent order for P– ■ 4. Add § 721.10673 to subpart E to 12–539, P–13–107, and P–13–109). AGENCY: Environmental Protection read as follows: (ii) [Reserved] Agency (EPA). (b) Specific requirements. The § 721.10673 Alkanes, C21–34–branched provisions of subpart A of this part ACTION: Final rule. and linear, chloro. apply to this section except as modified SUMMARY: The Environmental Protection (a) Chemical substance and by this paragraph. Agency (EPA) is approving a revision to significant new uses subject to reporting. (1) Recordkeeping. Recordkeeping the Title V Operating Permits Program (1) The chemical substance identified as requirements as specified in § 721.125 (found in West Virginia’s regulations at alkanes, C21–34–branched and linear, (a), (b), (c), and (i) are applicable to 45CSR30) submitted by the State of chloro (PMN P–12–539; CAS No. manufacturers and processors of this West Virginia. The revision increases 1417900–96–9) is subject to reporting substance. West Virginia’s annual emission fees for under this section for the significant (2) Limitations or revocation of its Title V Operating Permit Program to new uses described in paragraph (a)(2) certain notification requirements. The $28 per ton of emissions of a regulated of this section. provisions of § 721.185 apply to this pollutant from an individual source (2) The significant new uses are: section. ■ subject to the West Virginia Title V (i) Industrial, commercial, and 6. Add § 721.10675 to subpart E to Operating Permit Program. EPA is consumer activities. Requirements as read as follows: approving the revision to West specified in § 721.80 (j)(manufacture of § 721.10675 Alkanes, C24–28, chloro. Virginia’s Title V Operating Permit the PMN substance with less than 1 (a) Chemical substance and Program in accordance with the weight percent of chlorinated paraffins significant new uses subject to reporting. requirements of the Clean Air Act with an alkyl chain ≤ 20) and (p) (1) The chemical substance identified as (CAA). (1,200,000 kg, 14,100,000 kg, 59,100,000 alkanes, C24–28, chloro (PMN P–13– kg, 78,400,000 kg, and 86,100,000 kg of 109; CAS No. 1402738–52–6) is subject DATES: This final rule is effective on the aggregate of the PMN substances P– to reporting under this section for the March 14, 2016. 12–539, P–13–107, and P–13–109, from significant new uses described in the March 19, 2013 effective date of the ADDRESSES: EPA has established a paragraph (a)(2) of this section. docket for this action under Docket ID TSCA section 5(e) consent order for P– (2) The significant new uses are: 12–539, P–13–107, and P–13–109).). (i) Industrial, commercial, and Number EPA–R03–OAR–2015–0594. All (ii) [Reserved] consumer activities. Requirements as documents in the docket are listed in (b) Specific requirements. The specified in § 721.80 (j) (manufacture of the www.regulations.gov Web site. provisions of subpart A of this part the PMN substance with less than 1 Although listed in the electronic docket, apply to this section except as modified weight percent of chlorinated paraffins some information is not publicly by this paragraph. with an alkyl chain ≤ 20) and (p) available, i.e., confidential business (1) Recordkeeping. Recordkeeping (1,200,000 kg, 14,100,000 kg, 59,100,000 information (CBI) or other information requirements as specified in § 721.125 kg, 78,400,000 kg, and 86,100,000 kg of whose disclosure is restricted by statute. (a), (b), (c), and (i) are applicable to the aggregate of the PMN substances P– Certain other material, such as manufacturers and processors of this 12–539, P–13–107, and P–13–109, from copyrighted material, is not placed on substance. the March 19, 2013 effective date of the the Internet and will be publicly (2) Limitations or revocation of TSCA section 5(e) consent order for P– available only in hard copy form. certain notification requirements. The 12–539, P–13–107, and P–13–109). Publicly available docket materials are provisions of § 721.185 apply to this (ii) [Reserved] available through www.regulations.gov section. (b) Specific requirements. The or may be viewed during normal ■ 5. Add § 721.10674 to subpart E to provisions of subpart A of this part business hours at the Air Protection read as follows: apply to this section except as modified Division, U.S. Environmental Protection by this paragraph. Agency, Region III, 1650 Arch Street, § 721.10674 Alkanes, C22–30–branched (1) Recordkeeping. Recordkeeping Philadelphia, Pennsylvania 19103. and linear, chloro. requirements as specified in § 721.125 Copies of the State submittal are (a) Chemical substance and (a), (b), (c), and (i) are applicable to available at the West Virginia significant new uses subject to reporting. manufacturers and processors of this Department of Environmental (1) The chemical substance identified as substance. Protection, Division of Air Quality, 601 alkanes, C22–30–branched and linear, (2) Limitations or revocation of 57th Street SE., Charleston, West chloro (PMN P–13–107; CAS No. certain notification requirements. The Virginia 25304.

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FOR FURTHER INFORMATION CONTACT: Paul provided for the increase to $28 per ton of $25 per ton emitted was inadvertent Wentworth, (215) 814–2183, or by email of regulated pollutant emitted.2 and did not affect our analysis or at [email protected]. Other specific requirements of the proposed conclusion that the permit fee SUPPLEMENTARY INFORMATION: program revision and the rationale for revision met requirements in the CAA the EPA’s proposed action are explained for Title V permit programs. I. Background in the NPR and will not be restated here. The WVDEP comment letter corrects the EPA’s error and clarifies that the On October 5, 2015 (80 FR 60110), III. Comments and EPA’s Responses EPA published a notice of proposed correct fee per ton of regulated pollutant rulemaking (NPR) for the State of West Comment: The EPA received one emitted by a Title V permitted source is Virginia. In the NPR, EPA proposed comment during the public comment $28 per ton. As noted previously, the approval of a revision to the West period on the proposed approval of the revision to 45CSR30.8 increasing the Virginia Title V Operating Permit revision to West Virginia’s Title V permit fee from $18 per ton to $28 per Program. The formal program revision Operating Permit Program. The ton of regulated pollutant emitted meets was submitted by the State of West comment was submitted on behalf of the requirements in section 502 of the CAA Virginia on June 17, 2015. West Virginia Department of and 40 CFR 70.9 for the collection of Environmental Protection (WVDEP). In sufficient Title V fees to cover permit II. Summary of Title V Operating the comment letter, the WVDEP noted program implementation and oversight Permit Program Revision that the new fee provisions contained in costs. The EPA’s determination that In the June 17, 2015 program revision the revision to 45CSR30 as part of West Virginia’s Title V Operating Permit submittal, West Virginia included WVDEP’s June 17, 2015 submission to Program continues to meet obligations revisions to 45CSR30.8 to increase West EPA was $28 per ton of regulated to collect sufficient fees to implement Virginia’s annual emission fees for its pollutants as emitted by individual its Title V program is not altered by our Title V Operating Permit Program. West sources subject to the West Virginia inadvertent reference to $25 per ton of Virginia increased the annual fees to Title V Operating Permit Program. The regulated pollutant emitted instead of $28 per ton of emissions of a regulated WVDEP noted that the EPA’s NPR $28 per ton emitted as our analysis was pollutant from an individual source incorrectly stated the new fee per ton of based on the revised 45CSR30.8 which subject to the West Virginia Title V regulated pollutant emitted was $25 listed the correct fee as $28 per ton. Operating Permit Program. The previous instead of $28 per ton emitted.3 The EPA also finds no further rate in 45CSR30.8 was $18 per ton of Response: The EPA appreciates comment period is needed to address regulated pollutant. This revised fee per WVDEP’s comment and acknowledges it the inadvertent reference to the per ton ton became effective on May 1, 2015 inadvertently stated in the NPR that the fee increase. The EPA’s finding that the revised fees in 45CSR30.8 meet and replaced the prior fee, $18 per ton, annual fee per ton of regulated pollutant requirements in section 502 of the CAA which was effective July 1, 1995 emitted for an individual source subject and 40 CFR 70.9 was explained in the through April 30, 2015.1 As discussed to the West Virginia Title V Operating NPR, and the specific finding that the in the NPR, without this fee increase, Permit Program was increased to $25 $28 per ton meets requirements for Title West Virginia anticipated that funds per ton of regulated pollutant emitted. V permit fees to fund a Title V program would not be sufficient to sustain its WVDEP correctly noted in its comments is a logical outgrowth of the proposed Title V Operating Permit Program in a that 45CSR30.8 increased the fee for rule. No additional notice or manner consistent with state and federal emissions to $28 per ton of regulated opportunity to comment is necessary requirements. In the NPR, the EPA pollutant emitted from a Title V source. where, as here, the final rule is ‘‘in proposed to approve the revision This increase from $18 per ton to $28 per ton of regulated pollutant emitted character with the original scheme,’’ increasing annual Title V fees that the and does not ‘‘substantially depart [] owners or operators of Title V facilities was effective on May 1, 2015. WVDEP’s June 17, 2015 submittal of the revised from the terms or substance’’ of the in West Virginia must pay pursuant to proposal. Chocolate Mfrs. Ass’n v. 45CSR30.8. The EPA explained that the 45CSR30.8 to the EPA correctly indicated the new fee per ton of Block, 755 F.2d 1098 (4th Cir. 1985). revision met requirements in section ‘‘[A] final rule will be deemed to be the 502 of the CAA and 40 CFR 70.9 for the regulated pollutant emitted was $28. EPA evaluated the Title V program logical outgrowth of a proposed rule if collection of sufficient Title V fees to a new round of notice and comment cover permit program implementation revision after reviewing 45CSR30.8 and evaluating the permit fee increase at $28 would not provide commentators with and oversight costs. The emission fees their first occasion to offer new and apply to emissions up to 4,000 tons of per ton emitted. The EPA’s error in the NPR in incorrectly referring to new fees different criticisms which the agency any regulated pollutant. However, the might find convincing.’’ Fertilizer Inst. EPA’s NPR inadvertently misstated that v. EPA, 935 F.2d 1303, 1311 (D.C. Cir. the revision to 45CSR30.8 would 2 In fact, the additional three dollars per ton of regulated pollutant emitted by sources provides 1991) (citation and internal quotation increase fees to $25 per ton of regulated additional funds to support the implementation of marks omitted). pollutant, rather than the correct figure West Virginia’s permit program for Title V of the Notwithstanding the NPR’s erroneous of $28 per ton of regulated pollutant. CAA in accordance with requirements in the CAA description of the revised fee being $25 This error in the NPR by the EPA was and in 40 CFR 70.9. 3 The WVDEP also corrected background per ton of regulated pollutant, the EPA’s inadvertent and does not affect the information presented in the NPR about historical determination about the sufficiency of rationale for the EPA’s proposed Title V Operating Permit Program fees in West this fee was in fact based on our approval of the Title V permit fee Virginia. Specifically, WVDEP noted that the $18- evaluation of the slightly larger $28-per- increase as the EPA’s evaluation for the per-ton fee was not the ‘‘initial’’ fee established in 1994. The program initially had a $15-per-ton ton fee. The NPR also cited the correct NPR was based on 45CSR30.8 which transition fee, which was replaced effective July 1, provision of West Virginia law, which 1995 by the $18-per-ton fee that has been effective also would have confirmed to potential 1 On July 1, 1995, the $18 per ton fee replaced until recently. The EPA thanks WVDEP for this commenters that the state’s proposed fee West Virginia’s Title V operating permit ‘‘transition clarification, which did not affect our analysis or fee’’ of $15 per ton emitted from a source which had proposed conclusion that the permit fee revision increase was to $28 per ton. The docket previously been in effect for the Title V Operating met CAA requirements for the Title V permit similarly included information Permit Program. programs. clarifying that the proposed revision

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would increase certain fees to $28 per under the Regulatory Flexibility Act (5 Court of Appeals for the appropriate ton of regulated pollutants.4 U.S.C. 601 et seq.); circuit by April 12, 2016. Filing a Accordingly, a supplemental notice • does not contain any unfunded petition for reconsideration by the clarifying the per-ton fee would not mandate or significantly or uniquely Administrator of this final rule does not provide any commentators with a first affect small governments, as described affect the finality of this action for the occasion to offer any new or different in the Unfunded Mandates Reform Act purposes of judicial review nor does it criticisms of WVDEP’s Title V permit of 1995 (Pub. L. 104–4); • extend the time within which a petition fees. Nor would any such criticism does not have Federalism for judicial review may be filed, and implications as specified in Executive convince EPA to alter our conclusion. shall not postpone the effectiveness of Order 13132 (64 FR 43255, August 10, As stated in the NPR, WVDEP found its such rule or action. This action which 1999); permit fee of $18 per ton was approves the June 17, 2015 program insufficient to allow adequate • is not an economically significant revision submittal by the State of West implementation of its Title V Operating regulatory action based on health or Virginia as a revision to the West Permit Program. After internal analysis, safety risks subject to Executive Order WVDEP concluded it needed the 13045 (62 FR 19885, April 23, 1997); Virginia Title V Operating Permits • additional revenue from permit fees at is not a significant regulatory action Program may not be challenged later in $28 per ton emitted to fund sufficiently subject to Executive Order 13211 (66 FR proceedings to enforce its requirements. its Title V Operating Permit Program, 28355, May 22, 2001); (See section 307(b)(2).) • is not subject to requirements of and EPA concurs with that conclusion. List of Subjects in 40 CFR Part 70 Further opportunity for comment would Section 12(d) of the National not provide any opportunity for Technology Transfer and Advancement Environmental protection, Air criticism of West Virginia’s new permit Act of 1995 (15 U.S.C. 272 note) because pollution control, Carbon monoxide, fee which the EPA would find application of those requirements would Incorporation by reference, convincing. Thus, our approval of West be inconsistent with the CAA; and Intergovernmental relations, Nitrogen • does not provide EPA with the Virginia’s Title V Operating Permits dioxide, Ozone, Particulate matter, discretionary authority to address, as Program including the revision to Reporting and recordkeeping 45CSR30.8 is final as a ‘‘logical appropriate, disproportionate human health or environmental effects, using requirements, Sulfur oxides, Volatile outgrowth’’ of the proposed approval organic compounds. announced in the NPR. practicable and legally permissible methods, under Executive Order 12898 Dated: January 28, 2016. IV. Final Action (59 FR 7629, February 16, 1994). Shawn M. Garvin, In addition, this rule related to West EPA is approving the June 17, 2015 Regional Administrator, Region III. Title V Operating Permit Program Virginia’s Title V fees does not have revision submitted by the State of West tribal implications as specified by PART 70—STATE OPERATING PERMIT Virginia to increase Title V permit fees Executive Order 13175 (65 FR 67249, PROGRAMS paid by owners or operators of Title V November 9, 2000), because the program is not approved to apply in Indian sources in West Virginia from $18 per ■ 1. The authority citation for part 70 country located in the state, and EPA ton of regulated pollutant emitted to $28 continues to read as follows: per ton of regulated pollutant emitted. notes that it will not impose substantial The revision meets requirements in direct costs on tribal governments or Authority: 42 U.S.C. 7401, et seq. preempt tribal law. section 503 of the CAA and of 40 CFR ■ 2. Appendix A to part 70 is amended 70.9. B. Submission to Congress and the by adding paragraph (g) to the entry for V. Statutory and Executive Order Comptroller General West Virginia to read as follows: Reviews The Congressional Review Act, 5 Appendix A to Part 70—Approval U.S.C. 801 et seq., as added by the Small A. General Requirements Status of State and Local Operating Business Regulatory Enforcement Permit Programs This action merely approves state law Fairness Act of 1996, generally provides as meeting Federal requirements and that before a rule may take effect, the * * * * * imposes no additional requirements agency promulgating the rule must West Virginia beyond those imposed by state law. For submit a rule report, which includes a that reason, this action: copy of the rule, to each House of the * * * * * • Is not a ‘‘significant regulatory Congress and to the Comptroller General (g) The West Virginia Department of action’’ subject to review by the Office of the United States. EPA will submit a Environmental Protection submitted a of Management and Budget under report containing this action and other program revision on June 17, 2015; approval Executive Order 12866 (58 FR 51735, required information to the U.S. Senate, effective on May 1, 2015. October 4, 1993); the U.S. House of Representatives, and * * * * * • does not impose an information the Comptroller General of the United [FR Doc. 2016–02831 Filed 2–11–16; 8:45 am] collection burden under the provisions States prior to publication of the rule in BILLING CODE 6560–50–P of the Paperwork Reduction Act (44 the Federal Register. A major rule U.S.C. 3501 et seq.); cannot take effect until 60 days after it • is certified as not having a is published in the Federal Register. significant economic impact on a This action is not a ‘‘major rule’’ as substantial number of small entities defined by 5 U.S.C. 804(2).

4 To take just one example, the docket included C. Petitions for Judicial Review a copy of the rule clearly showing that the revision was to $28 per ton. See EPA–R03–OAR–2015– Under section 307(b)(1) of the CAA, 0594–0006 at 53 (showing relevant changes to West petitions for judicial review of this Virginia’s rule). action must be filed in the United States

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ENVIRONMENTAL PROTECTION Annual, SO2 Group 1, and SO2 Group 2 The final unit-by-unit data and AGENCY allowances and provided an allowance allocation calculations are set opportunity for the public to submit forth in Excel spreadsheets titled 40 CFR Part 97 objections. ‘‘CSAPR_NUSA_2015_NOx_Annual______[FRL–9942–27–OAR] EPA received no objections to the 2nd Round Final Data New Units’’, preliminary lists of new units eligible ‘‘CSAPR_NUSA_2015_SO2_2nd_ Allocations of Cross-State Air for second-round 2015 NUSA Round_Final_Data_New_Units’’, _ _ _ _ _ Pollution Rule Allowances From New allocations of CSAPR NOX Annual, SO2 ‘‘CSAPR NUSA 2015 NOx Annual _ _ _ _ _ Unit Set-Asides for the 2015 Group 1, or SO2 Group 2 allowances 2nd Round Final Data Existing _ _ _ _ Compliance Year whose availability was announced in Units’’, and ‘‘CSAPR NUSA 2015 SO2 the December 15 NODA. EPA is 2nd_Round_Final_Data_Existing_ AGENCY: Environmental Protection therefore making second-round 2015 Units’’, available on EPA’s Web site at Agency (EPA). NUSA allocations of CSAPR NOX http://www.epa.gov/crossstaterule/ ACTION: Final rule; notice of data Annual, SO2 Group 1, and SO2 Group 2 actions.html. availability (NODA). allowances to the new units identified Pursuant to CSAPR’s allowance on these lists in accordance with the recordation timing requirements, the SUMMARY: The Environmental Protection procedures set forth in 40 CFR allocated NUSA allowances will be Agency (EPA) is providing notice of 97.412(a)(9) and (12), 97.612(a)(9) and recorded in sources’ AMS accounts by emission allowance allocations to (12), and 97.712(a)(9) and (12). February 15, 2016. EPA notes that an certain units under the new unit set- As described in the December 15 allocation or lack of allocation of aside (NUSA) provisions of the Cross- NODA, any allowances remaining in the allowances to a given unit does not State Air Pollution Rule (CSAPR) CSAPR NO Annual, SO Group 1, and constitute a determination that CSAPR federal implementation plans (FIPs). X 2 SO Group 2 NUSAs for a given state does or does not apply to the unit. EPA EPA has completed final calculations 2 and control period after the second also notes that NUSA allocations of for the second round of NUSA round of NUSA allocations to new units CSAPR NOX Annual, SO2 Group 1, and allowance allocations for the 2015 is completed are to be allocated to the SO2 Group 2 allowances are subject to compliance year of the CSAPR NO X existing units in the state according to potential correction if a unit to which Annual, SO Group 1, and SO Group 2 2 2 the procedures set forth in 40 CFR NUSA allowances have been allocated Trading Programs. EPA has posted 97.412(a)(10) and (12), 97.612(a)(10) and for a given compliance year is not spreadsheets showing the second-round (12), and 97.712(a)(10) and (12). EPA actually an affected unit as of January 1 2015 NUSA allocations of CSAPR NO 1 X has determined that CSAPR NO of the compliance year. Annual, SO Group 1, and SO Group 2 X (Authority: 40 CFR 97.411(b), 2 2 Annual, SO Group 1, and SO Group 2 allowances to new units as well as the 2 2 97.611(b), and 97.711(b).) allowances do remain in the NUSAs for allocations to existing units of the a number of states following completion Dated: February 1, 2016. remaining CSAPR NO Annual, SO X 2 of second-round 2015 NUSA Reid P. Harvey, Group 1, and SO Group 2 allowances 2 allocations; accordingly, EPA is Director, Clean Air Markets Division, Office not allocated to new units in either allocating these allowances to existing of Atmospheric Programs, Office of Air and round of the 2015 NUSA allocation units. The NUSA allowances are Radiation. process. EPA will record the allocated generally allocated to the existing units [FR Doc. 2016–02955 Filed 2–11–16; 8:45 am] CSAPR NOX Annual, SO2 Group 1, and in proportion to the allocations BILLING CODE 6560–50–P SO Group 2 allowances in sources’ 2 previously made to the existing units Allowance Management System (AMS) under 40 CFR 97.411(a)(1), 97.611(a)(1), accounts by February 15, 2016. and 97.711(a)(1), adjusted for rounding. ENVIRONMENTAL PROTECTION DATES: February 12, 2016. Under 40 CFR 97.412(b)(10), AGENCY FOR FURTHER INFORMATION CONTACT: 97.612(b)(10), and 97.712(b)(10), any 40 CFR Part 180 Questions concerning this action should allowances remaining in the CSAPR be addressed to Robert Miller at (202) NOX Annual, SO2 Group 1, and SO2 [EPA–HQ–OPP–2014–0672; FRL–9939–59] 343–9077 or [email protected] or to Group 2 Indian country NUSAs for a Kenon Smith at (202) 343–9164 or given state and control period after the Diflubenzuron; Pesticide Tolerances [email protected]. second round of Indian country NUSA AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: Under the allocations to new units are added to the Agency (EPA). CSAPR FIPs, a portion of each state NUSA for that state or are made ACTION: Final rule. budget for each of the four CSAPR available for allocation by the state trading programs is reserved as a NUSA pursuant to an approved SIP revision. SUMMARY: This regulation establishes from which allowances are allocated to No new units eligible for allocations of tolerances for residues of diflubenzuron eligible units through an annual one- or CSAPR NOX Annual, SO2 Group 1, and in or on multiple commodities which two-round process. EPA has described SO2 Group 2 allowances from any 2015 are identified and discussed later in this the CSAPR NUSA allocation process in Indian country NUSA have been document. Interregional Research five NODAs previously published in the identified, and no state has an approved Project Number 4 (IR–4) requested these Federal Register (80 FR 30988, June 1, SIP revision governing allocation of tolerances under the Federal Food, 2015; 80 FR 44882, July 28, 2015; 80 FR 2015 CSAPR allowances. The Indian Drug, and Cosmetic Act (FFDCA). 55061, September 14, 2015; 80 FR country NUSA allowances are therefore DATES: This regulation is effective 69883, November 12, 2015; 80 FR being added to the NUSAs for the February 12, 2016. Objections and 77591, December 15, 2015). In the most respective states and are included in the requests for hearings must be received recent of these previous NODAs, EPA pools of allowances that are being on or before April 12, 2016, and must provided notice of preliminary lists of allocated to existing units under 40 CFR be filed in accordance with the new units eligible for second-round 97.412(b)(10) and (12), 97.612(b)(10) 2015 NUSA allocations of CSAPR NOX and (12), and 97.712(b)(10) and (12). 1 See 40 CFR 97.411(c), 97.611(c), and 97.711(c).

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instructions provided in 40 CFR part objection to any aspect of this regulation chlorophenyl)amino]carbonyl]-2,6- 178 (see also Unit I.C. of the and may also request a hearing on those difluorobenzamide) and its metabolites SUPPLEMENTARY INFORMATION). objections. You must file your objection 4-chlorophenlyurea and 4-chloroaniline, ADDRESSES: The docket for this action, or request a hearing on this regulation in or on the raw agricultural identified by docket identification (ID) in accordance with the instructions commodities carrot, roots at 0.2 ppm; number EPA–HQ–OPP–2014–0672, is provided in 40 CFR part 178. To ensure peach subgroup 12–12B at 0.5 ppm; available at http://www.regulations.gov proper receipt by EPA, you must plum subgroup 12–12C at 0.5 ppm; or at the Office of Pesticide Programs identify docket ID number EPA–HQ– plum, prune, dried at 0.5 ppm; nut, tree Regulatory Public Docket (OPP Docket) OPP–2014–0672 in the subject line on group 14–12 at 0.2 ppm; pepper/ in the Environmental Protection Agency the first page of your submission. All eggplant subgroup 8–10 B at 1.0 ppm, Docket Center (EPA/DC), West William objections and requests for a hearing and cottonseed subgroup 20C at 0.2 Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be ppm; (2) upon the approval of these Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or tolerances, removing established 20460–0001. The Public Reading Room before April 12, 2016. Addresses for tolerances in or on fruit, stone, group is open from 8:30 a.m. to 4:30 p.m., mail and hand delivery of objections 12, except cherry at 0.07 ppm; nut, tree, Monday through Friday, excluding legal and hearing requests are provided in 40 group 14 at 0.06 ppm; pistachio at 0.06 holidays. The telephone number for the CFR 178.25(b). ppm; pepper at 1.0 ppm; and cotton, Public Reading Room is (202) 566–1744, In addition to filing an objection or undelinted seed at 0.2 ppm; (3) and the telephone number for the OPP hearing request with the Hearing Clerk establishing regional tolerances for the Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please combined residues of diflubenzuron and the visitor instructions and additional submit a copy of the filing (excluding its metabolites 4-chlorophenlyurea and information about the docket available any Confidential Business Information 4-chloroaniline in or on the raw at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket. agricultural commodities alfalfa, forage Information not marked confidential at 6 ppm; alfalfa, hay at 20 ppm; and FOR FURTHER INFORMATION CONTACT: pursuant to 40 CFR part 2 may be alfalfa, seed at 0.9 ppm; and (4) Susan Lewis, Registration Division disclosed publicly by EPA without prior modifying the existing tolerances in or (7505P), Office of Pesticide Programs, notice. Submit the non-CBI copy of your on the following raw agricultural Environmental Protection Agency, 1200 objection or hearing request, identified commodities: Egg from 0.05 to 0.15 Pennsylvania Ave. NW., Washington, by docket ID number EPA–HQ–OPP– ppm; poultry, fat from 0.05 to 0.15 ppm; DC 20460–0001; main telephone 2014–0672, by one of the following and poultry, meat byproducts from 0.05 number: (703) 305–7090; email address: methods: to 0.06 ppm. That document referenced [email protected]. • Federal eRulemaking Portal: http:// a summary of the petition prepared by SUPPLEMENTARY INFORMATION: www.regulations.gov. Follow the online Chemtura Corporation, the registrant, I. General Information instructions for submitting comments. which is available in the docket, Do not submit electronically any http://www.regulations.gov. A second A. Does this action apply to me? information you consider to be CBI or notice of filing for the same petition (PP You may be potentially affected by other information whose disclosure is 4E8306) and same uses was this action if you are an agricultural restricted by statute. inadvertently published in the Federal • producer, food manufacturer, or Mail: OPP Docket, Environmental Register on December 2, 2015 (80 FR pesticide manufacturer. The following Protection Agency Docket Center (EPA/ 75449) (FRL–9939–55). This notice of list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave. filing contained the same information as NW., Washington, DC 20460–0001. the previously published notice of Classification System (NAICS) codes is • not intended to be exhaustive, but rather Hand Delivery: To make special filing. Comments were received in provides a guide to help readers arrangements for hand delivery or response to both notices of filing. EPA’s determine whether this document delivery of boxed information, please response to these comments is applies to them. Potentially affected follow the instructions at http:// discussed in Unit IV.C. entities may include: www.epa.gov/dockets/contacts.html. Based upon review of the data • Crop production (NAICS code 111). Additional instructions on commenting supporting the petition, EPA has • Animal production (NAICS code or visiting the docket, along with more modified the levels at which some of the 112). information about dockets generally, is tolerances are being established. The • Food manufacturing (NAICS code available at reason for these changes are explained 311). http://www.epa.gov/dockets. in Unit IV.D. • Pesticide manufacturing (NAICS II. Summary of Petitioned-For III. Aggregate Risk Assessment and code 32532). Tolerance Determination of Safety B. How can I get electronic access to In the Federal Register of February Section 408(b)(2)(A)(i) of FFDCA other related information? 11, 2015 (80 FR 7559) (FRL–9921–94), allows EPA to establish a tolerance (the You may access a frequently updated EPA issued a document pursuant to legal limit for a pesticide chemical electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C. residue in or on a food) only if EPA regulations at 40 CFR part 180 through 346a(d)(3), announcing the filing of a determines that the tolerance is ‘‘safe.’’ the Government Printing Office’s e-CFR pesticide petition (PP 4E8306) by IR–4, Section 408(b)(2)(A)(ii) of FFDCA site at http://www.ecfr.gov/cgi-bin/text- IR–4 Project Headquarters, Rutgers, The defines ‘‘safe’’ to mean that ‘‘there is a idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ State University of New Jersey, 500 reasonable certainty that no harm will 40tab_02.tpl. College Road East, Suite 201 W, result from aggregate exposure to the Princeton, NJ 08540. The petition pesticide chemical residue, including C. How can I file an objection or hearing requested that 40 CFR 180.377 be all anticipated dietary exposures and all request? amended by: (1) Establishing tolerances other exposures for which there is Under FFDCA section 408(g), 21 in for the combined residues of the reliable information.’’ This includes U.S.C. 346a, any person may file an insecticide diflubenzuron N-[[(4- exposure through drinking water and in

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residential settings, but does not include diflubenzuron, CPU and PCA, and (Regional Restrictions) and R175 Crop occupational exposure. Section additional toxicity studies are not Group Conversion for Tree Nut Group 408(b)(2)(C) of FFDCA requires EPA to required on CPU and PCA. 14–12’’ on page 45 in docket ID number give special consideration to exposure The toxicity data provide no EPA–HQ–OPP–2014–0672. of infants and children to the pesticide indication of an increased susceptibility B. Toxicological Points of Departure/ chemical residue in establishing a to rats or to rabbits from in utero or Levels of Concern tolerance and to ‘‘ensure that there is a postnatal exposure to diflubenzuron. reasonable certainty that no harm will Developmental and reproduction Once a pesticide’s toxicological result to infants and children from studies in rats and rabbits indicate a profile is determined, EPA identifies aggregate exposure to the pesticide very low hazard potential for adverse toxicological points of departure (POD) chemical residue. . . .’’ effects. Developmental studies were and levels of concern to use in Consistent with FFDCA section tested at the limit dose of 1,000 evaluating the risk posed by human 408(b)(2)(D), and the factors specified in milligrams/kilogram/day (mg/kg/day) exposure to the pesticide. For hazards FFDCA section 408(b)(2)(D), EPA has without apparent effects in both dams that have a threshold below which there reviewed the available scientific data and the fetuses. The reproduction study is no appreciable risk, the toxicological and other relevant information in indicated that effects in offspring POD is used as the basis for derivation support of this action. EPA has occurred at doses that were higher than of reference values for risk assessment. sufficient data to assess the hazards of the doses producing effects in parents. PODs are developed based on a careful and to make a determination on The requirements for acute and analysis of the doses in each aggregate exposure for diflubenzuron subchronic neurotoxicity studies were toxicological study to determine the including exposure resulting from the waived because there are no clear signs dose at which no adverse effects are tolerances established by this action. of neurotoxicity following subchronic or observed (the NOAEL) and the lowest EPA’s assessment of exposures and risks chronic dosing in multiple species in dose at which adverse effects of concern associated with diflubenzuron follows. the diflubenzuron database. The toxicity are identified (the LOAEL). Uncertainty/ profile of diflubenzuron shows that the safety factors are used in conjunction A. Toxicological Profile principal toxic effects are the formation with the POD to calculate a safe EPA has evaluated the available of methemoglobinemia and/or exposure level—generally referred to as toxicity data and considered its validity, sulfhemoglobinemia in the blood. An a population-adjusted dose (PAD) or a completeness, and reliability as well as immunotoxicity study has been reference dose (RfD)—and a safe margin the relationship of the results of the reviewed and immunotoxicity was not of exposure (MOE). For non-threshold studies to human risk. EPA has also observed above the limit dose. risks, the Agency assumes that any considered available information The Agency concluded that amount of exposure will lead to some concerning the variability of the diflubenzuron is not carcinogenic in degree of risk. Thus, the Agency sensitivities of major identifiable humans based on lack of evidence of estimates risk in terms of the probability subgroups of consumers, including carcinogenicity in rats and mice. PCA, of an occurrence of the adverse effect infants and children. a plant metabolite of diflubenzuron, expected in a lifetime. For more For diflubenzuron, the hemopoietic tested positive for splenic tumors in information on the general principles system is the target site with effects male rats and hepatocellular adenomas/ EPA uses in risk characterization and a including increased sulfhemoglobin carcinomas in male mice in a National complete description of the risk and/or methemoglobin levels in rat and Toxicology Program (NTP) study. assessment process, see http:// dog studies. In subchronic and chronic Therefore, EPA has classified PCA as www.epa.gov/pesticides/factsheets/ feeding studies, the primary endpoint of a probable human carcinogen. CPU is riskassess.htm. concern was methemoglobinemia and/ the major degradate found in water and A summary of the toxicological or sulfhemoglobinemia. These effects is a significant metabolite in milk. CPU endpoints for diflubenzuron used for were evident in both sexes of mice, rats, is structurally related to monuron human risk assessment is discussed in and dogs and were produced by more (N,Ndimethyl-CPU), a compound Table 1 in Unit III.B. of the final rule than one route of administration in rats producing tumors of the kidney and published in the Federal Register of (i.e., oral, dermal and inhalation). The liver in male rats. EPA has assumed January 31, 2014 (79 FR 5294) (FRL– general consequence of CPU is a probable human carcinogen as 9904–27). methemoglobinemia and/or well. However, based on sulfhemoglobinemia is the impairment methemoglobinemia observed only at C. Exposure Assessment of the oxygen transportation capacity of high doses of monuron, a compound 1. Dietary exposure from food and the blood, which is generally known to similar to CPU and PCA, the non- feed uses. In evaluating dietary be caused by aromatic amines in both carcinogenic risk assessment will exposure to diflubenzuron, EPA humans and animals. Degradates of include diflubenzuron, CPU, and PCA. considered exposure under the diflubenzuron with aromatic amines, Specific information on the studies petitioned-for tolerances as well as all CPU (4-chlorophenylurea) and PCA (4- received and the nature of the adverse existing diflubenzuron tolerances in 40 chloroaniline), are also included in the effects caused by diflubenzuron as well CFR 180.377. EPA assessed dietary diflubenzuron non-cancer risk as the no-observed-adverse-effect-level exposures from diflubenzuron in food as assessment. Monuron, an analog of CPU, (NOAEL) and the lowest-observed- follows: does not affect methemoglobin adverse-effect-level (LOAEL) from the i. Acute exposure. Quantitative acute formation but does produce tumors in toxicity studies can be found at http:// dietary exposure and risk assessments the liver and kidneys of male rats. The www.regulations.gov in the document are performed for a food-use pesticide, non-cancer toxicities of CPU and PCA titled ‘‘Diflubenzuron: Human Health if a toxicological study has indicated the are understood. PCA is similar in Risk Assessment for an Amended possibility of an effect of concern potency to diflubenzuron on Section 3 Registration for Carrot, Peach occurring as a result of a 1-day or single methemoglobin formation, while CPU is Subgroup 12–12B, Plum Subgroup 12– exposure. No such effects were less toxic than PCA. Therefore, the non- 12C, Pepper/Eggplant Subgroup 8–10B, identified in the toxicological studies cancer assessment will include Cottonseed Subgroup 20C, Alfalfa for diflubenzuron; therefore, a

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quantitative acute dietary exposure Section 408(b)(2)(F) of FFDCA states is not likely to be an underestimation. assessment is unnecessary. that the Agency may use data on the As to Conditions b and c, regional ii. Chronic exposure. In conducting actual percent of food treated for consumption information and the chronic dietary exposure assessment assessing chronic dietary risk only if: consumption information for significant EPA used the food consumption data • Condition a: The data used are subpopulations is taken into account from the United States Department of reliable and provide a valid basis to through EPA’s computer-based model Agriculture (USDA) National Health and show what percentage of the food for evaluating the exposure of Nutrition Examination Survey, ‘‘What derived from such crop is likely to significant subpopulations including We Eat in America’’ (NHANES/WWEIA) contain the pesticide residue. several regional groups. Use of this • from 2003 through 2008. As to residue Condition b: The exposure estimate consumption information in EPA’s risk levels in food, EPA used the assumption does not underestimate exposure for any assessment process ensures that EPA’s significant subpopulation group. exposure estimate does not understate that diflubenzuron residues are present • in most commodities at tolerance levels Condition c: Data are available on exposure for any significant (including tolerances previously pesticide use and food consumption in subpopulation group and allows the established as well as those established a particular area, the exposure estimate Agency to be reasonably certain that no in this action) and that 100% of all does not understate exposure for the regional population is exposed to crops are treated. Average field trial population in such area. residue levels higher than those In addition, the Agency must provide residues were assumed for grapefruit, estimated by the Agency. Other than the for periodic evaluation of any estimates lemon, and orange. Tolerances include data available through national food used. To provide for the periodic residues of diflubenzuron, PCA, and consumption surveys, EPA does not evaluation of the estimate of PCT as have available reliable information on CPU. required by FFDCA section 408(b)(2)(F), iii. Cancer. Based on the data the regional consumption of food to EPA may require registrants to submit which diflubenzuron may be applied in summarized in Unit III.A., EPA has data on PCT. concluded that diflubenzuron does not a particular area. For the cancer dietary exposure 2. Dietary exposure from drinking pose a cancer risk to humans. However, analysis, the Agency estimated the PCT water. The Agency used screening level the metabolites CPU and PCA are for existing uses as follows: water exposure models in the dietary considered probable carcinogens and Soybeans (1%), peppers (2.5%), exposure analysis and risk assessment have Q*s assigned to them. Individual oranges (10%), tangerines (10%), for diflubenzuron and CPU in drinking cancer dietary exposure analyses were grapefruit (25%), pear (5%), apricot water. PCA is only a minor metabolite conducted for each metabolite. For PCA, (10%), peach (5%), almond, (10%), in the environment and residues are not average percent crop treated (PCT) was pecan (2.5%), rice (2.5%), wheat (1%), expected to be present in drinking used for some commodities. One-half cotton (1%), artichoke (45%), peanut water. These simulation models take the Limit of Quantitation (LOQ) was (10%), lemon (1%), plum (5%), and into account data on the physical, used for estimating PCA residues on the walnut (2.5%). chemical, and fate/transport majority of crops because most crops In most cases, EPA uses available data characteristics of diflubenzuron. Further did not contain detectable residues of from United States Department of information regarding EPA drinking PCA. Average field trial residue was Agriculture/National Agricultural water models used in pesticide used for mushrooms. The CPU cancer Statistics Service (USDA/NASS), exposure assessment can be found at dietary analysis focused on CPU proprietary market surveys, and the http://www.epa.gov/oppefed1/models/ residues in milk because metabolism National Pesticide Use Database for the water/index.htm. studies indicate that diflubenzuron chemical/crop combination for the most Modeled estimates of drinking water metabolizes to CPU in milk. EPA recent 6 to 7 years. EPA uses an average concentrations were directly entered assumed that 100% of milk PCT for chronic dietary risk analysis. into the dietary exposure model. commodities contained CPU at 1⁄2 the The average PCT figure for each existing Based on the Surface Water LOQ. One-half the LOQ was used since use is derived by combining available Concentration Calculator model (SWCC) detectable residues of CPU were not public and private market survey data for surface water the Estimated Drinking found in the feeding study. for that use, averaging across all Water Concentration (EDWC) of 1.3 iv. Anticipated residue and PCT observations, and rounding to the microgram/Liter (mg/L) (including information. Section 408(b)(2)(E) of nearest 5%, except for those situations diflubenzuron and CPU) was used to FFDCA authorizes EPA to use available in which the average PCT is less than assess chronic non-cancer dietary risk. data and information on the anticipated one. In those cases, 1% is used as the Based on the Pesticide Root Zone residue levels of pesticide residues in average PCT and 2.5% is used as the Model-Groundwater (PRZM–GW) model food and the actual levels of pesticide maximum PCT. EPA uses a maximum for ground water the cancer risk for CPU residues that have been measured in PCT for acute dietary risk analysis. The was assessed using the EDWC of 8.02 food. If EPA relies on such information, maximum PCT figure is the highest mg/L. EPA must require pursuant to FFDCA observed maximum value reported 3. From non-dietary exposure. The section 408(f)(1) that data be provided 5 within the recent 6 years of available term ‘‘residential exposure’’ is used in years after the tolerance is established, public and private market survey data this document to refer to non- modified, or left in effect, demonstrating for the existing use and rounded up to occupational, non-dietary exposure that the levels in food are not above the the nearest multiple of 5%. (e.g., for lawn and garden pest control, levels anticipated. For the present The Agency believes that the three indoor pest control, termiticides, and action, EPA will issue such data call-ins conditions discussed in Unit III.C.1.iv. flea and tick control on pets). as are required by FFDCA section have been met. With respect to Diflubenzuron is not registered for 408(b)(2)(E) and authorized under Condition a, PCT estimates are derived any specific use patterns that would FFDCA section 408(f)(1). Data will be from Federal and private market survey result in residential exposure. required to be submitted no later than data, which are reliable and have a valid 4. Cumulative effects from substances 5 years from the date of issuance of basis. The Agency is reasonably certain with a common mechanism of toxicity. these tolerances. that the percentage of the food treated Section 408(b)(2)(D)(v) of FFDCA

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requires that, when considering whether CPU and PCA is well understood. CPU intermediate-term residential exposure to establish, modify, or revoke a is less toxic and does not affect plus chronic exposure to food and water tolerance, the Agency consider methemoglobin. PCA does cause (considered to be a background ‘‘available information’’ concerning the methemoglobin formation but is similar exposure level). cumulative effects of a particular in potency to diflubenzuron. Therefore, Short- and intermediate-term adverse pesticide’s residues and ‘‘other assuming equal toxicity of CPU and effects were identified; however, substances that have a common PCA to diflubenzuron is health diflubenzuron is not registered for any mechanism of toxicity.’’ protective, additional toxicity studies use patterns that would result in short- EPA has not found diflubenzuron to are not required on the metabolites. or intermediate-term residential share a common mechanism of toxicity ii. There are no clear signs of exposure. Short- and intermediate-term with any other substances, and neurotoxicity following subchronic or risk is assessed based on short- and diflubenzuron does not appear to chronic dosing in multiple species in intermediate-term residential exposure produce a toxic metabolite produced by the diflubenzuron database; therefore, plus chronic dietary exposure. Because other substances. For the purposes of there is no need for any neurotoxicity there is no short- or intermediate-term this tolerance action, therefore, EPA has studies. residential exposure and chronic dietary assumed that diflubenzuron does not iii. There is no evidence that exposure has already been assessed have a common mechanism of toxicity diflubenzuron results in increased under the appropriately protective with other substances. For information susceptibility in in utero rats or rabbits cPAD (which is at least as protective as regarding EPA’s efforts to determine in the prenatal developmental studies or the POD used to assess short-term risk), which chemicals have a common in young rats in the 2-generation no further assessment of short- or mechanism of toxicity and to evaluate reproduction study. intermediate-term risk is necessary, and the cumulative effects of such iv. The dietary exposure assessment EPA relies on the chronic dietary risk chemicals, see EPA’s Web site at uses conservative assumptions which assessment for evaluating short- and http://www.epa.gov/pesticides/ will not underestimate dietary exposure intermediate-term risk for cumulative. and EPA made conservative (protective) diflubenzuron. assumptions in the ground and surface 4. Aggregate cancer risk for U.S. D. Safety Factor for Infants and water modeling used to assess exposure population. Based on the lack of Children to diflubenzuron in drinking water. evidence of carcinogenicity in two 1. In general. Section 408(b)(2)(C) of These assessments will not adequate rodent carcinogenicity studies, FFDCA provides that EPA shall apply underestimate the exposure and risks diflubenzuron is not expected to pose a an additional tenfold (10X) margin of posed by diflubenzuron. cancer risk to humans. However, the safety for infants and children in the metabolites CPU and PCA are case of threshold effects to account for E. Aggregate Risks and Determination of considered probable carcinogens and prenatal and postnatal toxicity and the Safety have Q*s assigned to them. Individual completeness of the database on toxicity EPA determines whether acute and cancer dietary exposure analyses were and exposure unless EPA determines chronic dietary pesticide exposures are conducted for each metabolite. The based on reliable data that a different safe by comparing aggregate exposure cancer assessment for PCA includes margin of safety will be safe for infants estimates to the acute PAD (aPAD) and food only (it is not expected to be and children. This additional margin of chronic PAD (cPAD). For linear cancer present in drinking water). The cancer safety is commonly referred to as the risks, EPA calculates the lifetime assessment for CPU includes milk and FQPA Safety Factor (SF). In applying probability of acquiring cancer given the water only. For PCA, the cancer dietary this provision, EPA either retains the estimated aggregate exposure. Short-, exposure estimate for the U.S. default value of 10X, or uses a different intermediate-, and chronic-term risks population is 1.3 × 10¥6. For CPU, the additional safety factor when reliable are evaluated by comparing the cancer dietary exposure estimate for the data available to EPA support the choice estimated aggregate food, water, and U.S. population is 2.8 × 10¥6. of a different factor. residential exposure to the appropriate EPA generally considers cancer risks 2. Prenatal and postnatal sensitivity. PODs to ensure that an adequate MOE in the range of 10¥6 or less to be Based on the available developmental exists. negligible. The precision which can be toxicity studies in rats and rabbits and 1. Acute risk. An acute aggregate risk assumed for cancer risk estimates is best the reproduction study, there is no assessment takes into account acute described by rounding to the nearest increased susceptibility to fetuses exposure estimates from dietary integral order of magnitude on the log exposed in utero. There was no consumption of food and drinking scale; for example, risks falling between indication of abnormalities in fetal water. No adverse effect resulting from 3 × 10¥7 and 3 × 10¥6 are expressed as development in the developmental a single oral exposure was identified risks in the range of 10¥6. toxicity studies in either rats or rabbits and no acute dietary endpoint was Considering the precision with which at the maternal limit doses of 1,000 mg/ selected. Therefore, diflubenzuron is not cancer hazard can be estimated, the kg/day. In addition, there was no expected to pose an acute risk. conservativeness of low-dose linear evidence of sensitivity following pre- 2. Chronic risk. Using the exposure extrapolation, and the rounding and/or post-natal exposure in a two- assumptions described in this unit for procedure described above, cancer risk generation reproduction study in rats. chronic exposure, EPA has concluded should generally not be assumed to 3. Conclusion. EPA has determined that chronic exposure to diflubenzuron exceed the benchmark level of concern that reliable data show the safety of from food and water will utilize 39% of of the range of 10¥6 until the calculated infants and children would be the cPAD for children 1 to 2 years old, risk exceeds approximately 3 × 10¥6. adequately protected if the FQPA SF the population group receiving the This is particularly the case where some were reduced to 1X. That decision is greatest exposure. There are no conservatism is maintained in the based on the following findings: residential uses for diflubenzuron. exposure assessment. Although the PCA i. The toxicological database for 3. Short- and intermediate-term risk. and CPU exposure risk assessment are diflubenzuron is adequate for risk Short- and intermediate-term aggregate refined, they retain significant assessment. The non-cancer toxicity of exposure takes into account short- and conservatism in that residues in food

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were estimated at 1⁄2 LOQ even though The Codex has established MRLs for statutory framework. The second no residues were detected in field trials diflubenzuron in or on peach and comment stated that ‘‘without long term and feeding studies, and for some nectarine at 0.5 ppm which is the same studies of its effects on the environment commodities EPA assumed 100 PCT. as the tolerance in the United States for and the toxic effects on aquatic Accordingly, EPA has concluded the the peach subgroup 12–12B at 0.50 invertebrates, then there should be a cancer risk for all existing ppm; a tolerance on plums at 0.5 ppm slight reduction in ppm of diflubenzuron uses, and the uses which is the same as the U.S. tolerance diflubenzuron used on crops.’’ This associated with the tolerances for the plum subgroup 12–12C at 0.5 comment is not relevant to the Agency’s established in this action fall within the ppm; and a tolerance on tree nuts at 0.2 evaluation of safety of the diflubenzuron range of 1 × 10¥6 and are thus ppm which is the same as the U.S. tolerances; section 408 of the FFDCA negligible. tolerance for the tree nut group 14–12 at focuses on potential harms to human 5. Determination of safety. Based on 0.20 ppm, and which was raised to health and does not permit these risk assessments, EPA concludes harmonize with Codex. consideration of effects on the The Codex has established MRLs for that there is a reasonable certainty that environment. diflubenzuron on chili peppers at 3 no harm will result to the general ppm, dried chili peppers at 20 ppm, and D. Revisions to Petitioned-For population, or to infants and children sweet peppers at 0.7 ppm which are Tolerances from aggregate exposure to different from the tolerances established diflubenzuron residues. Based on an evaluation of the residue in the U.S. for diflubenzuron on the data, the Agency modified the levels at IV. Other Considerations pepper/eggplant subgroup 8–10B at 1.0 which tolerances were proposed for the ppm. The pepper/eggplant subgroup 8– A. Analytical Enforcement Methodology existing tolerances for egg, poultry fat, 10B covers both bell and non-bell and poultry meat byproducts. In Adequate enforcement analytical peppers and the Codex MRLs split them addition, the Agency determined that a methods are available for the out into two separate tolerances which separate tolerance is not required for the enforcement of tolerances for residues of the U.S. does not do because the commodity ‘‘plum, prune, dried’’ since diflubenzuron and its metabolites in petition was for the entire subgroup. residues are not found to concentrate on crop and livestock commodities. Three Based on the residue data submitted and prunes. Lastly, some of the tolerances enforcement methods for diflubenzuron reviewed for this action, it would not be levels were modified to reflect the are published in PAM, Vol. II as appropriate for the U.S. tolerance to correct significant figures. Methods I, II, and III. Method I is a GC/ harmonize with either the chili pepper V. Conclusion ECD method that determines MRL of 3 ppm or the sweet pepper MRL diflubenzuron in plants as derivatized of 0.7 ppm. Also, in regards to the dried Therefore, tolerances are established, 4-chloroaniline (PCA). Method II is a chili pepper MRL, this is not expected modified and removed for residues of GC/ECD method that can separately to be an issue since the U.S. does not diflubenzuron N-[[(4- determine residues of diflubenzuron, 4- set tolerances on dried fruits and chlorophenyl)amino]carbonyl]-2,6- chlorophenylurea (CPU) and PCA in vegetables, but instead the processed difluorobenzamide) and its metabolites eggs, milk, and livestock tissues, each as food is considered to be the whole 4-chlorophenlyurea and 4-chloroaniline, derivatized PCA. Method III is an HPLC/ processed commodity after as follows: compensating for or reconstituting the UV method that determines Under 180.377(a)(1) a tolerance is commodity’s normal moisture content. diflubenzuron per se in eggs, milk, and established for the cottonseed subgroup livestock tissues. All three methods C. Response to Comments 20C at 0.20 ppm; existing tolerances are have undergone successful Agency One comment was received in changed for egg to 0.07 ppm; poultry, fat validations. response to the February 11, 2015 to 0.10 ppm; and poultry, meat byproducts to 0.08 ppm; and the B. International Residue Limits Notice of Filing, however, it related to a different chemical than diflubenzuron existing tolerance for cotton, undelinted In making its tolerance decisions, EPA and therefore is not relevant to this seed at 0.2 ppm is removed as seeks to harmonize U.S. tolerances with action. Two comments were received in unnecessary. international standards whenever response to the December 2, 2015 Notice Under 180.377(a)(2), tolerances are possible, consistent with U.S. food of Filing. One commenter opposed established in or on the raw agricultural safety standards and agricultural residues of this pesticide on food and commodities carrot, roots at 0.20 ppm; practices. EPA considers the argued that EPA should deny the peach subgroup 12–12B at 0.50 ppm; international maximum residue limits petition. The Agency understands the plum subgroup 12–12C at 0.50 ppm; (MRLs) established by the Codex commenter’s concerns and recognizes nut, tree group 14–12 at 0.20 ppm; the Alimentarius Commission (Codex), as that some individuals believe that pepper/eggplant subgroup 8–10 B at 1.0 required by FFDCA section 408(b)(4). pesticides should be banned on ppm; and the following existing The Codex Alimentarius is a joint agricultural crops. However, the existing tolerances are removed as unnecessary: United Nations Food and Agriculture legal framework provided by section Fruit, stone, group 12, except cherry at Organization/World Health 408 of the Federal Food, Drug and 0.07 ppm; nut, tree, group 14 at 0.06 Organization food standards program, Cosmetic Act (FFDCA) states that ppm; pistachio at 0.06 ppm; and pepper and it is recognized as an international tolerances may be set when persons at 1.0 ppm. food safety standards-setting seeking such tolerances or exemptions Under 180.377(c) regional tolerances organization in trade agreements to have demonstrated that the pesticide are established for the combined which the United States is a party. EPA meets the safety standard imposed by residues of diflubenzuron and its may establish a tolerance that is that statute. This citizen’s comment metabolites 4-chlorophenlyurea and 4- different from a Codex MRL; however, appears to be directed at the underlying chloroaniline in or on the raw FFDCA section 408(b)(4) requires that statute and not EPA’s implementation of agricultural commodities alfalfa, forage EPA explain the reasons for departing it; the citizen has made no contention at 6 ppm; alfalfa, hay at 20 ppm; and from the Codex level. that EPA has acted in violation of the alfalfa, seed at 0.9 ppm.

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VI. Statutory and Executive Order described under Title II of the Unfunded Parts per Reviews Mandates Reform Act (UMRA) (2 U.S.C. Commodity million This action establishes tolerances 1501 et seq.). This action does not involve any under FFDCA section 408(d) in ***** response to a petition submitted to the technical standards that would require Agency consideration of voluntary Cottonseed subgroup 20C ...... 0.20 Agency. The Office of Management and Egg ...... 0.07 Budget (OMB) has exempted these types consensus standards pursuant to section 12(d) of the National Technology of actions from review under Executive ***** Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). Poultry, fat ...... 0.10 Planning and Review’’ (58 FR 51735, Poultry, meat byproducts ...... 0.08 October 4, 1993). Because this action VII. Congressional Review Act has been exempted from review under Pursuant to the Congressional Review ***** Executive Order 12866, this action is Act (5 U.S.C. 801 et seq.), EPA will not subject to Executive Order 13211, submit a report containing this rule and (2) * * * entitled ‘‘Actions Concerning other required information to the U.S. Regulations That Significantly Affect Senate, the U.S. House of Commodity Parts per Energy Supply, Distribution, or Use’’ (66 Representatives, and the Comptroller million FR 28355, May 22, 2001) or Executive General of the United States prior to Order 13045, entitled ‘‘Protection of publication of the rule in the Federal Children from Environmental Health Register. This action is not a ‘‘major ***** Risks and Safety Risks’’ (62 FR 19885, rule’’ as defined by 5 U.S.C. 804(2). Carrot, roots ...... 0.20 April 23, 1997). This action does not contain any information collections List of Subjects in 40 CFR Part 180 ***** subject to OMB approval under the Environmental protection, Peach subgroup 12–12B ...... 0.50 Paperwork Reduction Act (PRA) (44 Administrative practice and procedure, U.S.C. 3501 et seq.), nor does it require Agricultural commodities, Pesticides ***** any special considerations under and pests, Reporting and recordkeeping Pepper/Eggplant subgroup 8– Executive Order 12898, entitled requirements. 10B ...... 1.0 ‘‘Federal Actions to Address Environmental Justice in Minority Dated: February 3, 2016. ***** Populations and Low-Income Susan Lewis, Plum Subgroup 12–12C ...... 0.50 Populations’’ (59 FR 7629, February 16, Director, Registration Division, Office of Nut, tree, group 14–12 ...... 0.20 1994). Pesticide Programs. Since tolerances and exemptions that Therefore, 40 CFR chapter I is ***** are established on the basis of a petition amended as follows: under FFDCA section 408(d), such as * * * * * the tolerance in this final rule, do not PART 180—[AMENDED] (c) Tolerances with regional require the issuance of a proposed rule, ■ registrations. Tolerances with regional the requirements of the Regulatory 1. The authority citation for part 180 continues to read as follows: registration are established for residues Flexibility Act (RFA) (5 U.S.C. 601 et of the insecticide diflubenzuron (N-[[(4- seq.), do not apply. Authority: 21 U.S.C. 321(q), 346a and 371. chlorophenyl)amino]carbonyl]-2,6- This action directly regulates growers, ■ 2. In § 180.377: difluorobenzamide), in or on the food processors, food handlers, and food ■ commodities in the table below. retailers, not States or tribes, nor does a. Remove the entries in the table in Compliance with the tolerance levels this action alter the relationships or paragraph (a)(1) for ‘‘Cotton, undelinted distribution of power and seed,’’ ‘‘Egg,’’ ‘‘Poultry, fat,’’ and specified below is to be determined by responsibilities established by Congress ‘‘Poultry, meat byproducts.’’ measuring only the sum of ■ in the preemption provisions of FFDCA b. Add alphabetically the entries for diflubenzuron (N-[[(4- section 408(n)(4). As such, the Agency ‘‘Cottonseed subgroup 20C,’’ ‘‘Egg,’’ chlorophenyl)amino]carbonyl]-2,6- has determined that this action will not ‘‘Poultry, fat,’’ and ‘‘Poultry, meat difluorobenzamide), 4- have a substantial direct effect on States byproducts’’ to the table in paragraph chlorophenylyurea and 4-chloroaniline, or tribal governments, on the (a)(1). calculated as the stoichiometric ■ c. Remove the entries in the table in relationship between the national equivalent of diflubenzuron, in or on paragraph (a)(2) for ‘‘Fruit, stone, group government and the States or tribal the commodity. 12, except cherry,’’ ‘‘Nut, tree, group governments, or on the distribution of 14,’’ ‘‘Pepper,’’ and ‘‘Pistachio.’’ power and responsibilities among the Parts per ■ d. Add alphabetically the entries for Commodity various levels of government or between million ‘‘Carrot, roots,’’ ‘‘Peach subgroup 12– the Federal Government and Indian 12B,’’ ‘‘Pepper/Eggplant subgroup 8– Alfalfa, forage ...... 6.0 tribes. Thus, the Agency has determined 10B,’’ ‘‘Plum subgroup 12–12C,’’ and Alfalfa, hay ...... 20 that Executive Order 13132, entitled ‘‘Nut, tree, group 14–12’’ to the table in Alfalfa, seed ...... 0.90 ‘‘Federalism’’ (64 FR 43255, August 10, paragraph (a)(2). 1999) and Executive Order 13175, ■ e. Revise paragraph (c). * * * * * entitled ‘‘Consultation and Coordination The additions and revision read as [FR Doc. 2016–02816 Filed 2–11–16; 8:45 am] with Indian Tribal Governments’’ (65 FR follows: 67249, November 9, 2000) do not apply BILLING CODE 6560–50–P to this action. In addition, this action § 180.377 Diflubenzuron; tolerances for does not impose any enforceable duty or residues. contain any unfunded mandate as (a) General (1) * * *

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ENVIRONMENTAL PROTECTION I. General Information instructions for submitting comments. Do not submit electronically any AGENCY A. Does this action apply to me? information you consider to be CBI or 40 CFR Part 180 You may be potentially affected by other information whose disclosure is this action if you are an agricultural restricted by statute. [EPA–HQ–OPP–2014–0783; FRL–9941–49] producer, food manufacturer, or • Mail: OPP Docket, Environmental pesticide manufacturer. The following Protection Agency Docket Center (EPA/ Benzyl acetate; Exemption From the list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave. Requirement of a Tolerance Classification System (NAICS) codes is NW., Washington, DC 20460–0001. not intended to be exhaustive, but rather • Hand Delivery: To make special AGENCY: Environmental Protection provides a guide to help readers arrangements for hand delivery or Agency (EPA). determine whether this document delivery of boxed information, please ACTION: Final rule. applies to them. Potentially affected follow the instructions at http:// entities may include: www.epa.gov/dockets/contacts.html. SUMMARY: This regulation establishes an • Crop production (NAICS code 111). Additional instructions on commenting exemption from the requirement of a • Animal production (NAICS code or visiting the docket, along with more tolerance for residues of benzyl acetate 112). information about dockets generally, is (CAS Reg. No. 140–11–4), when used as • Food manufacturing (NAICS code available at http://www.epa.gov/ an inert ingredient (solvent) in pesticide 311). dockets. formulations applied to growing crops • Pesticide manufacturing (NAICS only under 40 CFR 180.920. Technology code 32532). II. Petition for Exemption Sciences Group, on behalf of the In the Federal Register of Wednesday, Huntsman Corporation, submitted a B. How can I get electronic access to March 4, 2015 (80 FR 11611) (FRL– petition to EPA under the Federal Food, other related information? 9922–68), EPA issued a document Drug, and Cosmetic Act (FFDCA), You may access a frequently updated pursuant to FFDCA section 408, 21 requesting establishment of an electronic version of 40 CFR part 180 U.S.C. 346a, announcing the filing of a exemption from the requirement of a through the Government Printing pesticide petition ((PP) IN–10748) by tolerance. This regulation eliminates the Office’s e-CFR site at http:// Technology Sciences Group (TSG) 1150 need to establish a maximum www.ecfr.gov/cgi-bin/text- 18th Street NW., Suite 1000, permissible level for residues of benzyl idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Washington, DC 20036, on behalf of the acetate. 40tab_02.tpl. Huntsman Corporation, 8600 Gosling DATES: This regulation is effective Road, The Woodlands, TX 77381. The C. How can I file an objection or hearing petition requested that 40 CFR 180.920 February 12, 2016. Objections and request? requests for hearings must be received be amended by establishing an on or before April 12, 2016, and must Under FFDCA section 408(g), 21 exemption from the requirement of a be filed in accordance with the U.S.C. 346a, any person may file an tolerance for residues of benzyl acetate instructions provided in 40 CFR part objection to any aspect of this regulation (CAS Reg. No. 140–11–4) when used as 178 (see also Unit I.C. of the and may also request a hearing on those an inert ingredient (solvent) in pesticide SUPPLEMENTARY INFORMATION). objections. You must file your objection formulations applied to growing crops or request a hearing on this regulation ADDRESSES: The docket for this action, only. That document referenced a in accordance with the instructions identified by docket identification (ID) summary of the petition prepared by the provided in 40 CFR part 178. To ensure number EPA–HQ–OPP–2014–0783, is Huntsman Corporation, the petitioner, proper receipt by EPA, you must available at http://www.regulations.gov which is available in the docket, identify docket ID number EPA–HQ– or at the Office of Pesticide Programs http://www.regulations.gov. There were OPP–2014–0783 in the subject line on Regulatory Public Docket (OPP Docket) no comments received in response to the first page of your submission. All in the Environmental Protection Agency the notice of filing. objections and requests for a hearing Docket Center (EPA/DC), West William must be in writing, and must be III. Inert Ingredient Definition Jefferson Clinton Bldg., Rm. 3334, 1301 received by the Hearing Clerk on or Inert ingredients are all ingredients Constitution Ave. NW., Washington, DC before April 12, 2016. Addresses for that are not active ingredients as defined 20460–0001. The Public Reading Room mail and hand delivery of objections in 40 CFR 153.125 and include, but are is open from 8:30 a.m. to 4:30 p.m., and hearing requests are provided in 40 not limited to, the following types of Monday through Friday, excluding legal CFR 178.25(b). ingredients (except when they have a holidays. The telephone number for the In addition to filing an objection or pesticidal efficacy of their own): Public Reading Room is (202) 566–1744, hearing request with the Hearing Clerk Solvents such as alcohols and and the telephone number for the OPP as described in 40 CFR part 178, please hydrocarbons; surfactants such as Docket is (703) 305–5805. Please review submit a copy of the filing (excluding polyoxyethylene polymers and fatty the visitor instructions and additional any Confidential Business Information acids; carriers such as clay and information about the docket available (CBI)) for inclusion in the public docket. diatomaceous earth; thickeners such as at http://www.epa.gov/dockets. Information not marked confidential carrageenan and modified cellulose; FOR FURTHER INFORMATION CONTACT: pursuant to 40 CFR part 2 may be wetting, spreading, and dispersing Susan Lewis, Registration Division disclosed publicly by EPA without prior agents; propellants in aerosol (7505P), Office of Pesticide Programs, notice. Submit the non-CBI copy of your dispensers; microencapsulating agents; Environmental Protection Agency, 1200 objection or hearing request, identified and emulsifiers. The term ‘‘inert’’ is not Pennsylvania Ave. NW., Washington, by docket ID number EPA–HQ–OPP– intended to imply nontoxicity; the DC 20460–0001; main telephone 2014–0783, by one of the following ingredient may or may not be number: (703) 305–7090; email address: methods: chemically active. Generally, EPA has [email protected]. • Federal eRulemaking Portal: http:// exempted inert ingredients from the SUPPLEMENTARY INFORMATION: www.regulations.gov. Follow the online requirement of a tolerance based on the

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low toxicity of the individual inert A. Toxicological Profile Evidence of neurotoxicity and ingredients. EPA has evaluated the available neuronal degeneration was identified in the 13-week studies in rats and mice. IV. Aggregate Risk Assessment and toxicity data and considered their Signs of neurotoxicity included tremors Determination of Safety validity, completeness, and reliability as well as the relationship of the results of and ataxia that were associated with the Section 408(c)(2)(A)(i) of FFDCA the studies to human risk. EPA has also degeneration of the glial cells in the allows EPA to establish an exemption cerebellum and hippocampus at the considered available information ≥ ≥ from the requirement for a tolerance (the concerning the variability of the doses 12,500 ppm ( 2,000 mg/kg/day). legal limit for a pesticide chemical sensitivities of major identifiable Since these effects were induced at doses above the limit dose (1,000 mg/ residue in or on a food) only if EPA subgroups of consumers, including kg/day) and the established cRfD of 1.10 determines that the tolerance is ‘‘safe.’’ infants and children. Specific mg/kg/day, will be protective of these Section 408(b)(2)(A)(ii) of FFDCA information on the studies received and effects, the concern is low for these defines ‘‘safe’’ to mean that ‘‘there is a the nature of the adverse effects caused effects. reasonable certainty that no harm will by benzyl acetate as well as the no- result from aggregate exposure to the There is evidence that benzyl acetate observed-adverse-effect-level (NOAEL) suppresses immune function in pesticide chemical residue, including and the lowest-observed-adverse-effect- all anticipated dietary exposures and all mammalian systems in the rat however level (LOAEL) from the toxicity studies this effect occurs only at a dose that is other exposures for which there is are discussed in this unit. reliable information.’’ This includes lethal and well above the limit dose. In Benzyl acetate exhibits low levels of the 13-week feeding study in the rat, a exposure through drinking water and in toxicity via the dermal route of exposure residential settings, but does not include decrease in the cellular components of in rabbits and inhalation and oral routes the bone marrow, thymus and lymphoid occupational exposure. Section of exposure in rats. It is mildly irritating 408(b)(2)(C) of FFDCA requires EPA to follicles was observed at 50,000 ppm to the skin and minimally irritating to (3,900 mg/kg/day for males and 4,500 give special consideration to exposure the eyes in rabbits. It is not a skin of infants and children to the pesticide mg/kg/day for females), the highest dose sensitizer in guinea pigs. tested and well above the limit dose. chemical residue in establishing a In a 13-week feeding study in the rat, tolerance and to ‘‘ensure that there is a The NOAEL for this study was 12,500 atrophic seminiferous tubules were ppm (900 mg/kg/day). The potential for reasonable certainty that no harm will observed in male rats at dose levels of result to infants and children from immunotoxicity is not of concern 12,500 parts per millions (ppm) because the effects occur well above the aggregate exposure to the pesticide (equivalent to 900 milligrams/kilogram/ chemical residue. . . .’’ limit dose and the exposure to benzyl day (mg/kg/day)). The NOAEL was acetate through the proposed use is EPA establishes exemptions from the identified as 6,250 ppm (460 mg/kg/ unlikely to occur at such a high dose. requirement of a tolerance only in those day). In mice, following 13 weeks of The carcinogenicity of benzyl acetate cases where it can be clearly exposure via the diet, decreased body in F344/N rats, and B6C3F1 mice using demonstrated that the risks from weight and food consumption were was evaluated using the gavage method aggregate exposure to pesticide observed at all doses. The LOAEL was of administration and corn oil as a chemical residues under reasonably 3,130 ppm (425 mg/kg/day). A NOAEL vehicle. There were indications that foreseeable circumstances will pose no was not established. benzyl acetate increased the incidences appreciable risks to human health. In In a developmental toxicity study in of pancreatic acinar cell adenomas in order to determine the risks from the rat, maternal and fetal toxicity were male rats and the incidences of aggregate exposure to pesticide inert observed at 1,000 mg/kg/day. Maternal hepatocellular adenomas and ingredients, the Agency considers the toxicity was manifested as decreased forestomach neoplasms in male and toxicity of the inert in conjunction with body weight and fetal toxicity was female mice. Because of the possible exposure to residues of the manifested as reduced body weights, confounding effects of corn oil on the inert ingredient through food, drinking increased incidence of dilation of the incidences of pancreatic neoplasm and water, and through other exposures that renal pelvis and skeletal variations. because of the controversy over the use occur as a result of pesticide use in Although qualitative fetal susceptibility of the gavage route of administration, residential settings. If EPA is able to is observed, fetal effects occur in the the National Toxicology Program (NTP) determine that a finite tolerance is not presence of maternal toxicity and a clear decided to re-study benzyl acetate using necessary to ensure that there is a NOAEL of 500 mg/kg/day was the dosed feed route of administration. reasonable certainty that no harm will established for maternal and In 1993, the NTP conducted a second result from aggregate exposure to the developmental toxicity. set of carcinogenicity studies in rats and inert ingredient, an exemption from the The potential for benzyl acetate to be mice using the dose feed route of requirement of a tolerance may be genotoxic was evaluated in a battery of administration. Benzyl acetate was established. in vivo mammalian genotoxicity studies. administered via the diet to rats and Consistent with FFDCA section It was negative in the Ames assay (with mice at doses up to 12,000 ppm (510/ 408(c)(2)(A), and the factors specified in and without metabolic activation), sister 575 mg/kg/day, male/female). Toxicity FFDCA section 408(c)(2)(B), EPA has chromatid exchange assay, Chinese was not observed in rats at any dose. In reviewed the available scientific data hamster ovary cell assay, mouse mice, males and females exhibited and other relevant information in micronucleus assay and in the dominant reduced body weight throughout the support of this action. EPA has lethal assay in Drosophila. However, it entire study at 345/375 mg/kg/day. sufficient data to assess the hazards of gave a positive response in the mouse There was no evidence of and to make a determination on lymphoma assay. Since other carcinogenicity in mice and rats. Since aggregate exposure for benzyl acetate chromosomal aberrations assays as well the exposure to benzyl acetate is likely including exposure resulting from the as gene mutation assays and a dominant to occur via the dietary route in humans exemption established by this action. lethal assay gave a negative response, it and there is some uncertainty about the EPA’s assessment of exposures and risks is concluded that benzyl acetate is use of corn oil in the gavage study, it is associated with benzyl acetate follows. unlikely to be mutagenic. concluded that benzyl acetate is

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unlikely to be carcinogenic to humans used for all exposure scenarios. The level dietary risk assessment to support via the dietary route of exposure. dermal absorption and inhalation this request for an exemption from the In metabolism studies approximately factors were 100%. The Agency applied requirement of a tolerance for benzyl 90% of benzyl acetate is excreted as an interspecies uncertainty factor (10X) acetate, a conservative drinking water metabolites primarily in the urine after and an intraspecies uncertainty factor concentration value of 100 ppb based on oral or percutaneous administration. (10X); the FQPA safety factor was screening level modeling was used to None was detected in the adipose tissue, reduced to 1X. assess the contribution to drinking blood, kidney, liver, lung, muscle, skin water for the chronic dietary risk C. Exposure Assessment or stomach. The major metabolite in the assessments for parent compound. urine was hippuric acid and 95 to 99% 1. Dietary exposure from food and These values were directly entered into of the excreted dose was in this form. feed uses. In evaluating dietary the dietary exposure model. Less than 4% remained in the carcass. exposure to benzyl acetate, EPA 3. From non-dietary exposure. The considered exposure under the term ‘‘residential exposure’’ is used in B. Toxicological Points of Departure/ proposed exemption from the this document to refer to non- Levels of Concern requirement of a tolerance. EPA occupational, non-dietary exposure Once a pesticide’s toxicological assessed dietary exposures from benzyl (e.g., textiles (clothing and diapers), profile is determined, EPA identifies acetate in food as follows: carpets, swimming pools, and hard toxicological points of departure (POD) An acute dietary risk assessment was surface disinfection on walls, floors, and levels of concern to use in not conducted because no endpoint of tables). evaluating the risk posed by human concern following a single exposure was Based upon the requested use of exposure to the pesticide. For hazards identified in the available studies. A benzyl acetate, the Agency does not that have a threshold below which there chronic dietary exposure assessment expect non-occupational, non-dietary is no appreciable risk, the toxicological was completed and performed using the exposures. However, there is a potential POD is used as the basis for derivation Dietary Exposure Evaluation Model for residential exposure via non- of reference values for risk assessment. DEEM–FCIDTM, Version 3.16, which pesticidal uses such as use in cosmetics PODs are developed based on a careful includes food consumption information and other, pesticide uses, once it is analysis of the doses in each from the U.S. Department of approved. The residential exposure toxicological study to determine the Agriculture’s National Health and could occur via ingestion products dose at which no adverse effects are Nutrition Examination Survey, ‘‘What containing benzyl acetate, and via observed (the NOAEL) and the lowest We Eat In America’’, (NHANES/ dermal and inhalation routes of dose at which adverse effects of concern WWEIA). This dietary survey was exposure through use of products are identified (the LOAEL). Uncertainty/ conducted from 2003 to 2008. In the containing benzyl acetate in residential safety factors are used in conjunction absence of actual residue data, the inert settings. These residential pesticide with the POD to calculate a safe ingredient evaluation is based on a exposures are considered short-term and exposure level—generally referred to as highly conservative model that assumes intermediate-term in nature. Residential a population-adjusted dose (PAD) or a that the residue level of the inert exposures to benzyl acetate as the result reference dose (RfD)—and a safe margin ingredient would be no higher than the of its use as a cosmetic ingredient may of exposure (MOE). For non-threshold highest established tolerance for an be short-, intermediate- or long-term in risks, the Agency assumes that any active ingredient on a given commodity. nature. The aggregate-short term amount of exposure will lead to some Implicit in this assumption is that there exposure assessment for benzyl acetate degree of risk. Thus, the Agency would be similar rates of degradation considers exposures from the pesticidal estimates risk in terms of the probability between the active and inert ingredient and nonpesticidal uses (i.e., flavoring of an occurrence of the adverse effect (if any) and that the concentration of agent and cosmetic ingredient) and expected in a lifetime. For more inert ingredient in the scenarios leading would be protective of any potential information on the general principles to these highest of tolerances would be long-term exposure to benzyl acetate EPA uses in risk characterization and a no higher than the concentration of the resulting from its use in cosmetics as the complete description of the risk active ingredient. The model assumes same toxicological point of departure is assessment process, see http:// 100 percent crop treated (PCT) for all used for all exposure durations and the www.epa.gov/pesticides/factsheets/ crops and that every food eaten by a average daily exposure estimates for riskassess.htm. person each day has tolerance-level cosmetic use is conservatively applied The point of departure for benzyl residues. A complete description of the to all exposure durations. acetate is 110 mg/kg/day from the NTP general approach taken to assess inert 4. Cumulative effects from substances 2-year carcinogenicity study in mice ingredient risks in the absence of with a common mechanism of toxicity. (dietary study) based on decreased in residue data is contained in the Section 408(b)(2)(D)(v) of FFDCA body weights in both sexes at the memorandum entitled ‘‘Alkyl Amines requires that, when considering whether LOAEL of 345/375 mg/kg/day. There Polyalkoxylates (Cluster 4): Acute and to establish, modify, or revoke a was no NOAEL observed in a 90-day Chronic Aggregate (Food and Drinking tolerance, the Agency consider toxicity study in mice based on the Water) Dietary Exposure and Risk ‘‘available information’’ concerning the effects on body weights seen at all doses Assessments for the Inerts’’ (D361707, S. cumulative effects of a particular (lowest dose tested was 3,130 ppm; Piper, 2/25/09) and can be found at pesticide’s residues and ‘‘other equal to 425 mg/kg/day); however, in a http://www.regulations.gov in docket ID substances that have a common carcinogenicity study in mice no effects number EPA–HQ–OPP–2008–0738. mechanism of toxicity.’’ EPA has not on body weight were seen at 110 mg/kg/ Nonpesticidal dietary exposure to found benzyl acetate to share a common day, therefore, the NOAEL for the benzyl acetate (e.g., use as a food mechanism of toxicity with any other carcinogenicity study would be additive (flavoring agent) were also substances, and benzyl acetate does not protective of decreased body weights considered as part of aggregate chronic appear to produce a toxic metabolite seen in a 90-day study in mice. dietary risk assessment. produced by other substances. For the Therefore, 90-day toxicity study in mice 2. Dietary exposure from drinking purposes of this tolerance action, was not selected. This endpoint was water. For the purpose of the screening- therefore, EPA has assumed that benzyl

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acetate does not have a common feeding study in the rat, a 13-week 1. Acute risk. An acute aggregate risk mechanism of toxicity with other feeding study in the mouse, a assessment takes into account acute substances. For information regarding developmental toxicity study in the rat, exposure estimates from dietary EPA’s efforts to determine which several in vivo and in vitro mutagenicity consumption of food and drinking chemicals have a common mechanism studies, and carcinogenicity studies in water. No adverse effect resulting from of toxicity and to evaluate the mice and rats via gavage and dietary a single oral exposure was identified cumulative effects of such chemicals, studies. and no acute dietary endpoint was see EPA’s Web site at http:// ii. Evidence of neurotoxicity and selected. Therefore, benzyl acetate is not www.epa.gov/pesticides/cumulative. neuronal degeneration seen in a expected to pose an acute risk. thirteen-week study was determined not 2. Chronic risk. Using the exposure D. Safety Factor for Infants and to exceed levels of concern since the assumptions described in this unit for Children effects occurred at doses that were well chronic exposure, EPA has concluded 1. In general. Section 408(b)(2)(C) of above the limit dose (1,000 mg/kg/day). that chronic exposure to benzyl acetate FFDCA provides that EPA shall apply The established cRfD is 1.10 mg/kg/day from food and water will utilize 62.9% an additional tenfold (10X) margin of therefore is protective of these effects. of the cPAD for children ages 1 to 2, the safety for infants and children in the iii. Qualitative fetal susceptibility was population group receiving the greatest case of threshold effects to account for observed in the developmental study in exposure. prenatal and postnatal toxicity and the rats. Maternal (decrease in body weight) 3. Short-term risk. Short-term completeness of the database on toxicity and fetal (reduced body weights, aggregate exposure takes into account and exposure unless EPA determines increased incidence of dilation of the short-term residential exposure plus based on reliable data that a different renal pelvis and skeletal variations) chronic exposure to food and water margin of safety will be safe for infants toxicity were observed at 1,000 mg/kg/ (considered to be a background and children. This additional margin of day, the limit dose. Since fetal toxicity exposure level). safety is commonly referred to as the occurs in the presence of maternal Benzyl acetate is likely to be used as FQPA Safety Factor (SF). In applying toxicity and a clear NOAEL of 500 mg/ an inert ingredient in pesticide products this provision, EPA either retains the kg/day was established, the established that are registered for uses that could default value of 10X, or uses a different cRfD (1.10 mg/kg/day) will be protective result in short-term residential additional safety factor when reliable of these effects. The potential for exposure, and the Agency has data available to EPA support the choice reproduction toxicity was observed in determined that it is appropriate to of a different factor. the 13-week dietary study in rats. aggregate chronic exposure through food 2. Prenatal and postnatal sensitivity Atrophy of seminiferous tubules was and water with short-term residential Qualitative fetal susceptibility was observed in males at 12,500 ppm (900 exposures to benzyl acetate. Using the observed in the developmental study in mg/kg/day). However, the concern for exposure assumptions described in this rats. Maternal (decrease in body weight) reproductive toxicity is low since effects unit for screening-level short-term and fetal (reduced body weights, occurred at a high dose and a clear exposures, EPA has concluded the increased incidence of dilation of the NOAEL of 6,250 ppm (460 mg/kg/day) combined short-term food, water, and renal pelvis and skeletal variations) was established. residential exposures result in aggregate toxicity were observed at 1,000 mg/kg/ iv. There are no residual uncertainties MOEs of 150 for children ages 1 to 2 and day, the limit dose. Since fetal toxicity identified in the exposure databases. 260 for adults. Because EPA’s level of occurs in the presence of maternal The dietary food exposure assessments concern for benzyl acetate is a MOE of toxicity and a clear NOAEL of 500 mg/ were performed based on 100% CT and 100 or below, these MOEs are not of kg/day was established, the established tolerance-level residues. EPA made concern. cRfD (1.10 mg/kg/day) will be protective conservative (protective) assumptions in 4. Intermediate-term risk. of these effects. The potential for the ground and surface water modeling Intermediate-term aggregate exposure reproduction toxicity was observed in used to assess exposure to benzyl takes into account intermediate-term the 13-week dietary study in rats. acetate in drinking water. EPA used residential exposure plus chronic Atrophy of seminiferous tubules was similarly conservative assumptions to exposure to food and water (considered observed in males at 12,500 ppm (900 assess post-application exposure of to be a background exposure level). mg/kg/day). However, the concern for children as well as incidental oral Because no intermediate-term adverse reproduction toxicity is low since exposure of toddlers. These assessments effect was identified, benzyl acetate is effects occurred at a high dose and a will not underestimate the exposure and not expected to pose an intermediate- clear NOAEL of 6,250 ppm (460 mg/kg/ risks posed by benzyl acetate. term risk. day) was established. Therefore, the E. Aggregate Risks and Determination of 5. Aggregate cancer risk for U.S. established cRfD will be protective of Safety Section population. Based on the lack of this effect. In addition, no female evidence of carcinogenicity in the reproductive parameters were affected EPA determines whether acute and dietary carcinogenicity studies in mice in the developmental toxicity study in chronic dietary pesticide exposures are and rats, benzyl acetate is not expected rats. safe by comparing aggregate exposure to pose a cancer risk to humans. 3. Conclusion. EPA has determined estimates to the acute PAD (aPAD) and 6. Determination of safety. Based on that reliable data show the safety of chronic PAD (cPAD). For linear cancer these risk assessments, EPA concludes infants and children would be risks, EPA calculates the lifetime that there is a reasonable certainty that adequately protected if the FQPA SF probability of acquiring cancer given the no harm will result to the general were reduced to 1X. That decision is estimated aggregate exposure. Short-, population, or to infants and children based on the following findings: intermediate-, and chronic-term risks from aggregate exposure to benzyl i. The toxicity database for benzyl are evaluated by comparing the acetate residues. acetate contains the following studies estimated aggregate food, water, and that are adequate to evaluate the residential exposure to the appropriate V. Analytical Enforcement Methodology potential toxicity of benzyl acetate for PODs to ensure that an adequate MOE An analytical method is not required infants and children: A thirteen week exists. for enforcement purposes since the

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Agency is establishing an exemption governments, or on the distribution of Inert ingredients Limits Uses from the requirement of a tolerance power and responsibilities among the without any numerical limitation. various levels of government or between ***** Benzyl acetate (CAS ...... Solvent VI. Conclusions the Federal Government and Indian Reg. No. 140–11–4). tribes. Thus, the Agency has determined ***** Therefore, an exemption from the that Executive Order 13132, entitled requirement of a tolerance is established ‘‘Federalism’’ (64 FR 43255, August 10, [FR Doc. 2016–02815 Filed 2–11–16; 8:45 am] under 40 CFR 180.920 for benzyl 1999) and Executive Order 13175, BILLING CODE 6560–50–P aceetate (CAS Reg. No. 140–11–4) when entitled ‘‘Consultation and Coordination used as an inert ingredient (solvent) in with Indian Tribal Governments’’ (65 FR pesticide formulations applied to 67249, November 9, 2000) do not apply growing crops only. FEDERAL COMMUNICATIONS to this action. In addition, this action COMMISSION VII. Statutory and Executive Order does not impose any enforceable duty or Reviews contain any unfunded mandate as 47 CFR Part 73 This action establishes an exemption described under Title II of the Unfunded [MB Docket No. 14–226; FCC 15–118] from the requirement of a tolerance Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). under FFDCA section 408(d) in Broadcast Licensee-Conducted response to a petition submitted to the This action does not involve any Contests Agency. The Office of Management and technical standards that would require Budget (OMB) has exempted these types Agency consideration of voluntary AGENCY: Federal Communications of actions from review under Executive consensus standards pursuant to section Commission. Order 12866, entitled ‘‘Regulatory 12(d) of the National Technology ACTION: Final rule; announcement of Planning and Review’’ (58 FR 51735, Transfer and Advancement Act effective date. October 4, 1993). Because this action (NTTAA) (15 U.S.C. 272 note). has been exempted from review under SUMMARY: In this document, the Federal Executive Order 12866, this action is VIII. Congressional Review Act Communications Commission not subject to Executive Order 13211, (Commission) announces that the Office entitled ‘‘Actions Concerning Pursuant to the Congressional Review of Management and Budget (OMB) has Regulations That Significantly Affect Act (5 U.S.C. 801 et seq.), EPA will approved, for a period of three years, Energy Supply, Distribution, or Use’’ (66 submit a report containing this rule and information collection requirements FR 28355, May 22, 2001) or Executive other required information to the U.S. adopted in the Commission’s Report Order 13045, entitled ‘‘Protection of Senate, the U.S. House of and Order relating to the Amendment of Children from Environmental Health Representatives, and the Comptroller the Commission’s Rules Related to Risks and Safety Risks’’ (62 FR 19885, General of the United States prior to Broadcast Licensee-Conducted Contests. April 23, 1997). This action does not publication of the rule in the Federal This document is consistent with the contain any information collections Register. This action is not a ‘‘major Report and Order, which stated that the subject to OMB approval under the rule’’ as defined by 5 U.S.C. 804(2). Commission would publish a document Paperwork Reduction Act (PRA) (44 List of Subjects in 40 CFR Part 180 in the Federal Register announcing U.S.C. 3501 et seq.), nor does it require OMB approval and the effective date of any special considerations under Environmental protection, the rule. Executive Order 12898, entitled Administrative practice and procedure, DATES: The amendments to 47 CFR ‘‘Federal Actions to Address Agricultural commodities, Pesticides 73.1216, published at 80 FR 64354, Environmental Justice in Minority and pests, Reporting and recordkeeping October 23, 2015, are effective on Populations and Low-Income requirements. February 12, 2016. Populations’’ (59 FR 7629, February 16, 1994). Dated: February 4, 2016. FOR FURTHER INFORMATION CONTACT: Since tolerances and exemptions that Susan Lewis, Cathy Williams by email at [email protected] and telephone are established on the basis of a petition Director, Registration Division, Office of under FFDCA section 408(d), such as Pesticide Programs. at (202) 418–2918. the exemption in this final rule, do not SUPPLEMENTARY INFORMATION: This require the issuance of a proposed rule, Therefore, 40 CFR chapter I is document announces that, on February the requirements of the Regulatory amended as follows: 3, 2016, OMB approved information Flexibility Act (RFA) (5 U.S.C. 601 et collection requirements contained in the seq.), do not apply. PART 180—[AMENDED] Commission’s Report and Order, FCC This action directly regulates growers, 15–118, published at 80 FR 64354. The food processors, food handlers, and food ■ 1. The authority citation for part 180 OMB Control Number is 3060–1209. retailers, not States or tribes, nor does continues to read as follows: The Commission publishes this this action alter the relationships or Authority: 21 U.S.C. 321(q), 346a and 371. document as an announcement of the distribution of power and effective date of those information responsibilities established by Congress ■ 2. In § 180.920 add alphabetically the collection requirements. in the preemption provisions of FFDCA entry ‘‘Benzyl acetate’’ to the table to Synopsis section 408(n)(4). As such, the Agency read as follows: has determined that this action will not As required by the Paperwork have a substantial direct effect on States § 180.920 Inert ingredients used pre- Reduction Act of 1995 (44 U.S.C. 3507), or tribal governments, on the harvest; exemptions from the requirement the FCC is notifying the public that it relationship between the national of a tolerance. received OMB approval on February 3, government and the States or tribal * * * * * 2016, for the information collection

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requirements contained in 47 CFR the manner of their compliance with the I. Authority 73.1216, as amended in the Contest Rule while giving consumers The enactment of Section 8205 of the Commission’s Report and Order, FCC improved access to important contest Agricultural Act of 2014 (Pub. L. 113– 15–118. Under 5 CFR part 1320, an information. 79) establishes permanent authority to agency may not conduct or sponsor a Federal Communications Commission. conduct Stewardship End Result collection of information unless it Gloria J. Miles, Contracting projects by adding a new displays a current, valid OMB Control Federal Register Liaison Officer, Office of the Section 604 to the Healthy Forests Number. No person shall be subject to Secretary. Restoration Act of 2003 (HFRA) (16 any penalty for failing to comply with U.S.C. 6591c). Section 8205 of the 2014 a collection of information subject to the [FR Doc. 2016–02900 Filed 2–11–16; 8:45 am] BILLING CODE 6712–01–P Agricultural Act contains a requirement Paperwork Reduction Act that does not that the agency use a fire liability display a current, valid OMB Control provision in all stewardship contracts Number. The OMB Control Number is DEPARTMENT OF AGRICULTURE and agreements that is in substantially 3060–1209. the same form as the fire liability The foregoing notification is required 48 CFR Parts 436 and 452 provisions contained in the integrated by the Paperwork Reduction Act of resource timber contract in Forest RIN 0599–AA21 1995, Public Law 104–13, October 1, Service Contract Numbered 2400–13, 1995, and 44 U.S.C. 3507. Part H, Section H.4 and timber sale The total annual reporting burdens Agriculture Acquisition Regulation, contracts conducted pursuant to Section and costs for the respondents are as Fire Suppression and Liability 14 of the National Forest Management follows: AGENCY: Office of Procurement and Act of 1976 (16 U.S.C. 472a). OMB Control Number: 3060–1209. Property Management, U.S. Department OMB Approval Date: February 3, of Agriculture II. Background 2016. Beginning in 1998 with the enactment OMB Expiration Date: February 28, ACTION: Final rule. of Section 347 of the Department of the 2019. SUMMARY: The Office of Procurement Title: Section 73.1216, Licensee- Interior and Related Agencies and Property Management (OPPM) of Conducted Contests. Appropriation Act, 1999, the Forest Form Number: None. the U.S. Department of Agriculture Service has been authorized to carry out Respondents: Business or other for- (USDA) amends the Agriculture Stewardship End Result Contracting profit entities; Not-for-profit Acquisition Regulation (AGAR) by Projects; first on a pilot basis and then, institutions. adding a new clause entitled ‘‘Fire through a succession of subsequent Number of Respondents and Suppression and Liability.’’ Section amendments, this authority was Responses: 20,732 respondents; 20,732 8205 of the Agricultural Act of 2014 expanded. The enactment of Section responses. (2014 Act) provided the USDA Forest 8205 of the Agricultural Act of 2014 sets Estimated Time per Response: 0.1–9 Service with permanent authority for forth the permanent authority for hours. Stewardship End Result Contracting by conducting Stewardship End Resulting Frequency of Response: On occasion adding a new Section 604 to the Healthy Contracting Projects by adding a new reporting requirement, Third party Forests Restoration Act of 2003. Section Section 604 to the Healthy Forests disclosure requirement; Recordkeeping 8205 contains a requirement that the Restoration Act of 2003. Section 8205 requirement. agency use a fire liability provision in contains a provision that ‘‘not later than Obligation to Respond: Required in all stewardship contracts and 90 days after the date of enactment of order to monitor regulatory compliance. agreements that is in substantially the this section, the Chief of the Forest The statutory authority for this same form as the fire liability provisions Service and the Director of the Bureau collection of information is contained in contained in the integrated resource of Land Management shall issue for use Sections 1, 4 and 303 of the timber contract in Forest Service in all contracts and agreements under Communications Act of 1934, as Contract Numbered 2400–13, Part H, this section fire liability provisions that amended. Section H.4. This final rule establishes are in substantially the same form as the Total Annual Burden: 122,854 hours. a new clause in the AGAR, the USDA fire liability provisions contained in— Total Annual Cost: $6,219,300. supplement to the Federal Acquisition (A) integrated resource timber contracts, Nature and Extent of Confidentiality: Regulation (FAR), for use in Integrated as described in the Forest Service There is no need for confidentiality with Resource Service Contracts (IRSC) Contract Numbered 2400–13, Part H, this collection of information. subject to the FAR. This new AGAR Section H.4; and (B) timber sale Privacy Act Impact Assessment: No clause addresses fire liability on contracts conducted pursuant to Section impact(s). stewardship contracts as required in the 14 of the National Forest Management Needs and Uses: The Commission’s 2014 Agricultural Act. Act of 1976 (16 U.S.C. 472a).’’ amendments to its ‘‘Contest Rule’’ DATES: Effective March 14, 2016. This final rule establishes a new permit broadcast licensees to comply FOR FURTHER INFORMATION CONTACT: Ms. AGAR clause for use in stewardship with their obligation to disclose material Ismaela Ramirez, Senior Procurement contracts subject to the FAR. This clause contest terms either by broadcasting Analyst, USDA, Office of Procurement addresses fire liability on Stewardship those terms or by making them available and Property Management at (202) 730– End Result Contracting, as required in in writing on a publicly accessible 7997. the 2014 Agricultural Act. The text of Internet Web site. The Commission’s the clause is closely specified in the rule amendments also define the SUPPLEMENTARY INFORMATION: I. Authority law. disclosure obligation in cases where a II. Background III. Discussion of Comments licensee has chosen to meet that III. Discussion of Comments obligation through an Internet Web site. IV. Summary of the Comments USDA solicited comments on the The information collection requirements V. Regulatory Information interim rule on May 22, 2014. USDA afford broadcasters more flexibility in List of Subjects received two comments at the end of the

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posted comment period on June 23, of the Farm Bill with regards to Budget (OMB) review under Executive 2014. implementing a fire liability clause for Order (E.O.) 12866. Both comments were received from Integrated Resources Services Contracts No Takings Implications the Federal Forest Resource Coalition that mirrors current Timber Sales (FFRC), a national trade association Contracts. This creates the same fire The USDA has analyzed this final rule comprised of large and small liability for all Forest Service in accordance with the principles and companies, regional and state stewardship contract types. criteria contained in E.O. 12630 and associations, county governments, and IV. Summary of the Comments determined that the rule would not pose others concerned about the management the risk of a taking of private property. of our National Forests and the As a result of public comments landscape covered by Bureau of Land received on the interim rule, USDA will Civil Justice Reform Act Management. amend the CFR to add clarity and The USDA has reviewed this final Both comments recommend changes consistency that reflects the intention of rule under E.O. 12778, Civil Justice to add clarity and consistency to the the Farm Bill with regard to Reform. Under this rule, (1) all State and language in the regulations. The implementing a fire liability clause for local laws and regulations that conflict comments suggest that USDA follow the IRSCs that mirrors current Timber Sales with this rule or that impede its full requirement of implementing a liability Contracts. implementation would be preempted; clause for IRSC contracts that mirrored V. Regulatory Information (2) no retroactive effect would be given Integrated Resource Timber Contracts to this final rule; and (3) it would (IRTC). The comments from FFRC are Regulatory Flexibility Act require administrative proceedings presented below, along with USDA’s USDA certifies that this final rule will before parties may file suit in court responses and are grouped by the Code not have a significant impact on a challenging its provisions. of Federal Regulations (CFR) section substantial number of small entities, as numbers to which they apply. defined in the Regulatory Flexibility Federalism and Consultation and Coordination With Indian Tribal 48 CFR 436.578 Act, 5 U.S.C. 601, et seq. There is no additional submission required as a Governments Comment (1) In Section 436.578, we result of this action. The rule will not The USDA has considered this final recommend that you delete ‘‘as have a significant impact on the small applicable’’. Section 8205 of the rule under the requirements of E.O. business community or on a substantial 13132 on Federalism and has Agricultural Act of 2014 states that number of small businesses. ‘‘. . . the Chief and Director shall issue determined that this rule conforms to for use in all [emphasis added] contracts Paperwork Reduction Act the Federalism principles in the E.O. The rule would not impose any and agreements under this section fire The Paperwork Reduction Act does compliance costs on the States; and liability provisions . . .’’ not apply because the final rule does not would not have any substantial direct impose any record keeping or 48 CFR 452.236–78 effects on the States, the relationship information collection requirements that between the Federal Government and Comment (2) In Section 452.236–78, require approval by the Office of the States, or the distribution of power we recommend that you change ‘‘may Management and Budget. be inserted’’ to ‘‘shall be inserted’’. and responsibilities among the various Again, Section 8205 of the Agricultural Environmental Impact levels of government. Moreover, this Act of 2014 states that ‘‘. . . the Chief The USDA has determined that this final rule does not have tribal and Director shall issue for use in all final rule falls within this category of implications as defined by E.O. 13175, [emphasis added] contracts and actions and that no extraordinary Consultation and Coordination with agreements under this section fire circumstances exist that would require Indian Tribal Governments, and liability provisions . . .’’ preparation of an environmental therefore advance consultation with Response: FFRC stated that the plain assessment or environmental impact tribes is not required. language in Section 8205 of the statement. Energy Effects Agricultural Act of 2014 (Pub. L. 113– 79) makes clear that Congress intended Regulatory Impact The USDA has reviewed this final the fire liability provisions to be non- This final rule has been reviewed rule under E.O. 13211, Actions discretionary, both for the issuance of under USDA procedures and Executive Concerning Regulations That the provision and its use in all Order 12866 on Regulatory Planning Significantly Affect Energy Supply, contracts. However, they believe that and Review. It has been determined that Distribution, or use and has determined the language in the Interim Rule this is not a significant rule. This rule that this rule would not constitute a conveys discretion that is not found in would not have an annual effect of $100 significant energy action as defined in the statute. The Forest Service agrees million or more on the economy, nor the E.O. with both comments and will amend the would it adversely affect productivity, Unfunded Mandates Reform CFR to read as follows: ‘‘the Chief shall competition, jobs, the environment, issue for use in all contracts and public health and safety, or State or Pursuant to Title II of the Unfunded agreements under this section fire local governments. This final rule Mandates Reform Act of 1995 (2 U.S.C. liability provisions that are in would not interfere with an action taken 1531–1538), the USDA assessed the substantially the same form (16 U.S.C. or planned by another agency, nor raise effects of this final rule on State, local, 472a) for all IRSC solicitations issued new legal or policy issues. Finally, this and tribal governments and the private after May 22, 2014. Contracts and final rule would not alter the budgetary sector. This rule would not compel the agreements in effect on May 22, 2014, impact of entitlement, grant, user fee, or expenditure of $100 million or more by are not eligible to insert this provision.’’ loan programs or the rights and State, local, and tribal governments, or The Forest Service believes the obligations of beneficiaries of such by the private sector. Therefore, a aforementioned statement in response to programs. Accordingly, this final rule is statement under Section 202 of the Act the two comments reflects the intention not subject to Office of Management and is not required.

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List of Subjects 48 CFR Parts 436 and the work. The Contractor may be held Contractor at the request of Forest 452 liable for all damages and for all costs Service, on any fire on contract area Government procurement. incurred by the Government for labor, other than an operations fire or a subsistence, equipment, supplies, and negligent fire. For the reasons set forth in the transportation deemed necessary to (c) Contractor’s Responsibility for preamble, the U.S. Department of control or suppress a fire set or caused Notification in Case of Fire. The Agriculture amends 48 CFR Chapter 4, by the Contractor or the Contractor’s Contractor shall immediately notify the in the following manner: agents or employees subject to the Government of any fires sighted on or in PART 436—CONSTRUCTION AND following fire classifications listed in the vicinity of the work site. ARCHITECT-ENGINEER CONTRACTS subsection (b). (d) Contractor’s Responsibility for (b) Fire Suppression Costs. The Responding to Emergencies. When ■ 1. The authority citation for part 436 Contractor’s obligations for cost of fire directed by the Contracting Officer, the is revised to read as follows: suppression vary according to three Contractor shall temporarily redirect Authority: 5 U.S.C. 301 and 40 U.S.C. classifications of fires as follows: employees and equipment from the 121(c) (1) Operations Fire. An ‘‘operations work site for emergency work fire’’ is a fire caused by the Contractor’s (anticipated to be restricted to ■ 2. Section 436.578 is revised to read operations other than a negligent fire. firefighting). This is considered to be as follows: The Contractor agrees to reimburse within the general scope of the contract. 436.578 Contract clause. Forest Service for such cost for each An equitable adjustment for any such Insert the clause at 452.236–78, Fire operations fire, subject to a maximum redirection of employees and equipment Suppression and Liability in dollar amount of [Contracting Officer will be made under the FAR clause at solicitations and contracts for Integrated insert amount]. The cost of the 52.243–4, Changes. Resource Service Contracts (IRSC) Contractor’s actions, supplies, and (e) Performance by the Contractor. awarded for the Forest Service. equipment on any such fire, or Where the Contractor’s employees, otherwise provided at the request of agents, contractors, subcontractors, or PART 452—SOLICITATION PROVISION Forest Service, shall be credited toward their employees or agents perform the AND CONTRACT CLAUSES such maximum. If the Contractor’s Contractor’s operations in connection actual cost exceeds contractor’s with fire responsibilities, the ■ 3. The authority citation for part 452 obligation stated above, Forest Service Contractor’s obligations shall be the is revised to read as follows: shall reimburse the contractor for the same as if performance was by Authority: 5 U.S.C. 301 and 40 U.S.C. excess. Contractor. 121(c) (2) Negligent Fire. A ‘‘negligent fire’’ (f) State Law. The Contractor shall not ■ 4. Section 452.236–78 is revised to is a fire caused by the negligence or be relieved by the terms of this contract read as follows: fault of the Contractor’s operations of any liability to the United States for including, but not limited to, one fire suppression costs recovered in an 452.236–78 Fire Suppression and Liability. caused by smoking by persons engaged action based on State law, except for As prescribed in section 436.578, the in the Contractor’s operations during the such costs resulting from operations following clause shall be inserted in course of their employment, or during fires. Amounts due to the Contractor for Intergrated Resource Service Contracts rest or lunch periods; or if the firefighting expenditures on operations (IRSC) awarded for the Forest Service. Contractor’s failure to comply with fires shall not be withheld pending requirements under this contract results settlement of any such claim or action Fire Suppression and Liability Clause in a fire starting, or permits a fire to based on State law. (a) Contractor’s Responsibility for Fire spread. Damages and the cost of (End of Clause) Fighting. The Contractor, under the suppressing negligent fires shall be provisions of FAR clause at 52.236–9, borne by the Contractor. Dated: February 4, 2016. Protection of Existing Vegetation, (3) Other Fires on Contract Area. Gregory L. Parham, Structures, Equipment, Utilities, and Forest Service shall pay the Contractor, U.S. Department of Agriculture, Assistant Improvements, shall immediately at firefighting rates common in the area Secretary for Administration. extinguish all fires on the work site or at prior agreed rates, for equipment [FR Doc. 2016–02745 Filed 2–11–16; 8:45 am] other than those fires in use as a part of or personnel furnished by the BILLING CODE 3410–TX–P

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Proposed Rules Federal Register Vol. 81, No. 29

Friday, February 12, 2016

This section of the FEDERAL REGISTER I. Table of Abbreviations III. Discussion of Proposed Rule contains notices to the public of the proposed The COTP Baltimore proposes to issuance of rules and regulations. The CFR Code of Federal Regulations purpose of these notices is to give interested COTP Captain of the Port establish special local regulations from persons an opportunity to participate in the DHS Department of Homeland Security 7:30 a.m. until 12:30 p.m. on May 14, rule making prior to the adoption of the final E.O. Executive order 2016, and, if necessary due to inclement rules. FR Federal Register weather, from 7:30 a.m. until 12:30 p.m. NPRM Notice of proposed rulemaking on May 15, 2016. The regulated area Pub. L. Public Law would cover all navigable waters of the DEPARTMENT OF HOMELAND § Section U.S.C. United States Code Chesapeake Bay between and adjacent SECURITY to the spans of the William P. Lane Jr. II. Background, Purpose, and Legal Memorial Bridges from shoreline to Coast Guard Basis shoreline, bounded to the north by a line drawn parallel and 500 yards north 33 CFR Part 100 On December 28, 2015, ABC Events, Inc. notified the Coast Guard that it will of the north bridge span that originates from the western shoreline at latitude [Docket Number USCG–2015–1126] be conducting the Bay Bridge Paddle ° ′ ″ ° ′ ″ from 8 a.m. until noon on May 14, 2016, 39 00 36 N., longitude 076 23 05 W. RIN 1625–AA08 to both showcase the kayak and stand and thence eastward to the eastern shoreline at latitude 38°59′14″ N., up paddle board water sport for ° ′ ″ Special Local Regulation; Chesapeake intermediate and elite paddlers, and longitude 076 20 00 W., and bounded Bay, Between Sandy Point and Kent benefit the Annapolis Chapter of the to the south by a line drawn parallel and Island, MD Foundation for Community Betterment 500 yards south of the south bridge span and the Maryland Chapter of the Special that originates from the western AGENCY: Coast Guard, DHS. shoreline at latitude 39°00′16″ N., Olympics. The paddle race is to be held ° ′ ″ ACTION: Notice of proposed rulemaking. under and between the north and south longitude 076 24 30 W. and thence eastward to the eastern shoreline at SUMMARY: The Coast Guard proposes to spans of the William P. Lane, Jr. (US– ° ′ ″ 50/301) Memorial Bridges, located latitude 38 58 38.5 N., longitude establish special local regulations for 076°20′06″ W. The duration of the certain waters of the Chesapeake Bay. between Sandy Point, Anne Arundel County, MD and Kent Island, Queen regulated area is intended to ensure the This action is necessary to provide for safety of vessels and these navigable the safety of life on these navigable Anne’s County, MD. Elite paddlers will depart Sandy Point and proceed easterly waters before, during, and after the waters located between Sandy Point, scheduled 8 a.m. until noon paddle Anne Arundel County, MD and Kent along a 4.2-mile course toward Kent Island, turn around upon reaching a event. Except for Bay Bridge Paddle Island, Queen Anne’s County, MD, participants, no vessel or person would during a paddling event on May 14, point near Kent Island, and proceed back to Sandy Point. Intermediate be permitted to enter the regulated area 2016. This proposed rulemaking would without obtaining permission from the prohibit persons and vessels from being paddlers will depart Sandy Point and proceed easterly along the same 4.2-mile COTP Baltimore or a designated in the regulated area unless authorized representative. The regulatory text we by the Captain of the Port Baltimore or course toward Kent Island, however, they will turn around upon reaching the are proposing appears at the end of this Coast Guard Patrol Commander. We document. invite your comments on this proposed half way point (2.1 miles), and proceed rulemaking. back to Sandy Point. Hazards from the IV. Regulatory Analyses paddle race include event numerous DATES: Comments and related material We developed this proposed rule after event participants crossing designated must be received by the Coast Guard on considering numerous statutes and shipping channels and interfering with or before March 14, 2016. executive orders (E.O.s) related to vessels intending to operate within rulemaking. Below we summarize our ADDRESSES: You may submit comments those channels. The COTP Baltimore analyses based on a number of these identified by docket number USCG– has determined that potential hazards statutes and E.O.s, and we discuss First 2015–1126 using the Federal associated with the paddle race would Amendment rights of protestors. eRulemaking Portal at http:// be a safety concern for anyone intending www.regulations.gov. See the ‘‘Public to operate within certain waters of the A. Regulatory Planning and Review Participation and Request for Chesapeake Bay between Sandy Point E.O.s 12866 and 13563 direct agencies Comments’’ portion of the and Kent Island, MD. SUPPLEMENTARY INFORMATION section for to assess the costs and benefits of The purpose of this rulemaking is to available regulatory alternatives and, if further instructions on submitting protect event participants, spectators comments. regulation is necessary, to select and transiting vessels on certain waters regulatory approaches that maximize FOR FURTHER INFORMATION CONTACT: If of the Chesapeake Bay before, during, net benefits. E.O. 13563 emphasizes the you have questions about this proposed and after the scheduled event. importance of quantifying both costs rulemaking, call or email Mr. Ronald The Coast Guard proposes this and benefits, of reducing costs, of Houck, U.S. Coast Guard Sector rulemaking under authority in 33 U.S.C. harmonizing rules, and of promoting Baltimore, MD; telephone 410–576– 1233, which authorize the Coast Guard flexibility. This NPRM has not been 2674, email [email protected]. to establish and define special local designated a ‘‘significant regulatory SUPPLEMENTARY INFORMATION: regulations. action,’’ under E.O. 12866. Accordingly,

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the NPRM has not been reviewed by the the Paperwork Reduction Act of 1995 that could negatively impact the safety Office of Management and Budget. (44 U.S.C. 3501–3520). of waterway users and shore side This regulatory action determination activities in the event area lasting for 5 D. Federalism and Indian Tribal is based on the size and duration of the hours. The category of water activities Governments regulated area, which would impact a includes but is not limited to sail boat small designated area of the Chesapeake A rule has implications for federalism regattas, boat parades, power boat Bay for 5 hours. The Coast Guard would under E.O. 13132, Federalism, if it has racing, swimming events, crew racing, issue a Broadcast Notice to Mariners via a substantial direct effect on the States, canoe and sail board racing. Normally VHF–FM marine channel 16 about the on the relationship between the national such actions are categorically excluded status of the regulated area. Moreover, government and the States, or on the from further review under paragraph the rule would allow vessels to seek distribution of power and 34(h) of Figure 2–1 of Commandant permission to enter the regulated area, responsibilities among the various Instruction M16475.lD. A preliminary and vessel traffic would be able to safely levels of government. We have analyzed environmental analysis checklist and transit the regulated area once the Coast this proposed rule under that Order and Categorical Exclusion Determination are Guard Patrol Commander deems it safe have determined that it is consistent available in the docket where indicated to do so. with the fundamental federalism under ADDRESSES. We seek any principles and preemption requirements comments or information that may lead B. Impact on Small Entities described in E.O. 13132. to the discovery of a significant The Regulatory Flexibility Act of Also, this proposed rule does not have environmental impact from this 1980, 5 U.S.C. 601–612, as amended, tribal implications under E.O. 13175, proposed rule. requires Federal agencies to consider Consultation and Coordination with the potential impact of regulations on Indian Tribal Governments, because it G. Protest Activities small entities during rulemaking. The would not have a substantial direct The Coast Guard respects the First term ‘‘small entities’’ comprises small effect on one or more Indian tribes, on Amendment rights of protesters. businesses, not-for-profit organizations the relationship between the Federal Protesters are asked to contact the that are independently owned and Government and Indian tribes, or on the person listed in the FOR FURTHER operated and are not dominant in their distribution of power and INFORMATION CONTACT section to fields, and governmental jurisdictions responsibilities between the Federal coordinate protest activities so that your with populations of less than 50,000. Government and Indian tribes. If you message can be received without The Coast Guard certifies under 5 U.S.C. believe this proposed rule has jeopardizing the safety or security of 605(b) that this proposed rule would not implications for federalism or Indian people, places, or vessels. have a significant economic impact on tribes, please contact the person listed V. Public Participation and Request for a substantial number of small entities. in the FOR FURTHER INFORMATION Comments While some owners or operators of CONTACT section above. vessels intending to transit the regulated We view public participation as E. Unfunded Mandates Reform Act area may be small entities, for the essential to effective rulemaking, and reasons stated in section IV.A above this The Unfunded Mandates Reform Act will consider all comments and material proposed rule would not have a of 1995 (2 U.S.C. 1531–1538) requires received during the comment period. significant economic impact on any Federal agencies to assess the effects of Your comment can help shape the vessel owner or operator. their discretionary regulatory actions. In outcome of this rulemaking. If you If you think that your business, particular, the Act addresses actions submit a comment, please include the organization, or governmental that may result in the expenditure by a docket number for this rulemaking, jurisdiction qualifies as a small entity State, local, or tribal government, in the indicate the specific section of this and that this rule would have a aggregate, or by the private sector of document to which each comment significant economic impact on it, $100,000,000 (adjusted for inflation) or applies, and provide a reason for each please submit a comment (see more in any one year. Though this suggestion or recommendation. ADDRESSES) explaining why you think it proposed rule would not result in such We encourage you to submit qualifies and how and to what degree an expenditure, we do discuss the comments through the Federal this rule would economically affect it. effects of this rule elsewhere in this eRulemaking Portal at http:// Under section 213(a) of the Small preamble. www.regulations.gov. If your material Business Regulatory Enforcement cannot be submitted using http:// F. Environment Fairness Act of 1996 (Pub. L. 104–121), www.regulations.gov, contact the person we want to assist small entities in We have analyzed this proposed rule in the FOR FURTHER INFORMATION understanding this proposed rule. If the under Department of Homeland CONTACT section of this document for rule would affect your small business, Security Management Directive 023–01 alternate instructions. organization, or governmental and Commandant Instruction We accept anonymous comments. All jurisdiction and you have questions M16475.lD, which guide the Coast comments received will be posted concerning its provisions or options for Guard in complying with the National without change to http:// compliance, please contact the person Environmental Policy Act of 1969 (42 www.regulations.gov and will include listed in the FOR FURTHER INFORMATION U.S.C. 4321–4370f), and have made a any personal information you have CONTACT section. The Coast Guard will preliminary determination that this provided. For more about privacy and not retaliate against small entities that action is one of a category of actions that the docket, you may review a Privacy question or complain about this do not individually or cumulatively Act notice regarding the Federal Docket proposed rule or any policy or action of have a significant effect on the human Management System in the March 24, the Coast Guard. environment. This proposed rule 2005, issue of the Federal Register (70 involves implementation of regulations FR 15086). C. Collection of Information within 33 CFR part 100 applicable to Documents mentioned in this NPRM This proposed rule would not call for organized marine events on the as being available in the docket, and all a new collection of information under navigable waters of the United States public comments, will be in our online

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docket at http://www.regulations.gov on board and displaying a Coast Guard Dated: January 29, 2016. and can be viewed by following that ensign. Lonnie P. Harrison, Jr., Web site’s instructions. Additionally, if (4) Participant means all persons and Captain, U.S. Coast Guard, Captain of the you go to the online docket and sign up vessels participating in the Bay Bridge Port Baltimore. for email alerts, you will be notified Paddle event under the auspices of the [FR Doc. 2016–02814 Filed 2–11–16; 8:45 am] when comments are posted or a final Marine Event Permit issued to the event BILLING CODE 9110–04–P rule is published. sponsor and approved by Commander, List of Subjects in 33 CFR Part 100 Coast Guard Sector Baltimore. (c) Special local regulations: (1) The ENVIRONMENTAL PROTECTION Marine safety, Navigation (water), Coast Guard Patrol Commander may AGENCY Reporting and recordkeeping forbid and control the movement of all requirements, Waterways. vessels and persons, including event 40 CFR Part 52 For the reasons discussed in the participants, in the regulated area. [EPA–R04–OAR–2014–0250; FRL–9942–16– preamble, the Coast Guard proposes to When hailed or signaled by an official Region 4] amend 33 CFR part 100 as follows: patrol, a vessel or person in the regulated area shall immediately Air Plan Approval; Tennessee: PART 100—SAFETY OF LIFE ON comply with the directions given. Removal of I/M Program in Memphis NAVIGABLE WATERS Failure to do so may result in expulsion and Revisions to the 1997 8-Hour ■ from the area, citation for failure to Ozone Maintenance Plan for Shelby 1. The authority citation for part 100 County, Tennessee continues to read as follows: comply, or both. The Coast Guard Patrol Commander may terminate the event, or AGENCY: Environmental Protection Authority: 33 U.S.C. 1233. the operation of any support vessel Agency (EPA). ■ 2. Add a temporary § 100.35–T05– participating in the event, at any time it ACTION: 1126 to read as follows: is deemed necessary for the protection Proposed rule. of life or property. SUMMARY: The Environmental Protection § 100.501–T05–1126 Special Local (2) Except for participants and vessels Regulation; Chesapeake Bay, between Agency (EPA) is proposing to approve Sandy Point and Kent Island, MD. already at berth, mooring, or anchor, all the State of Tennessee’s May 23, 2014, persons and vessels within the regulated (a) Regulated area. The following State Implementation Plan (SIP) area at the time it is implemented are to revision, submitted through the location is a regulated area: All depart the regulated area. navigable waters of the Chesapeake Bay Tennessee Department of Environment (3) Persons desiring to transit the between and adjacent to the spans of the and Conservation (TDEC) on behalf of regulated area must first obtain William P. Lane Jr. Memorial Bridges the Shelby County Health Department authorization from the Captain of the from shoreline to shoreline, bounded to (SCHD), seeking to modify the SIP by Port Baltimore or Coast Guard Patrol the north by a line drawn parallel and removing the Inspection and Commander. Prior to the enforcement 500 yards north of the north bridge span Maintenance (I/M) program in the City period, to seek permission to transit the that originates from the western of Memphis, Tennessee, and by area, the Captain of the Port Baltimore shoreline at latitude 39°00′36″ N., incorporating Shelby County’s revised can be contacted at telephone number longitude 076°23′05″ W., and thence maintenance plan for the 1997 8-hour 410–576–2693 or on Marine Band eastward to the eastern shoreline at ozone national ambient air quality Radio, VHF–FM channel 16 (156.8 latitude 38°59′14″ N., longitude standards (NAAQS). Among other MHz). During the enforcement period, 076°20′00″ W., and bounded to the things, the revised maintenance plan to seek permission to transit the area, south by a line drawn parallel and 500 updates the emissions inventory the Coast Guard Patrol Commander can yards south of the south bridge span estimates and the motor vehicle be contacted on Marine Band Radio, that originates from the western emissions budgets (MVEBs) for the years VHF–FM channel 16 (156.8 MHz) for shoreline at latitude 39°00′16″ N., 2006 and 2021 and contains an direction. longitude 076°24′30″ W., and thence emissions reduction measure to offset eastward to the eastern shoreline at (4) The Coast Guard may be assisted the emissions increase expected from latitude 38°58′38.5″ N., longitude in the patrol and enforcement of the the termination of City of Memphis I/M 076°20′06″ W. All coordinates reference regulated area by other Federal, State, program. EPA has preliminarily Datum NAD 1983. and local agencies. The Coast Guard determined that Tennessee’s May 23, (b) Definitions. (1) Captain of the Port Patrol Commander and official patrol 2014, SIP revision is consistent with the Baltimore means the Commander, U.S. vessels enforcing this regulated area can applicable provisions of the Clean Air Coast Guard Sector Baltimore, Maryland be contacted on marine band radio Act (CAA or Act). or any Coast Guard commissioned, VHF–FM channel 16 (156.8 MHz) and DATES: Written comments must be warrant or petty officer who has been channel 22A (157.1 MHz). received on or before March 14, 2016. authorized by the Captain of the Port to (5) The Coast Guard will publish a ADDRESSES: Submit your comments, act on his behalf. notice in the Fifth Coast Guard District identified by Docket ID Number EPA– (2) Coast Guard Patrol Commander Local Notice to Mariners and issue a R04–OAR–2014–0250 by one of the means a commissioned, warrant, or marine information broadcast on VHF– following methods: petty officer of the U.S. Coast Guard FM marine band radio announcing 1. www.regulations.gov: Follow the who has been designated by the specific event date and times. on-line instructions for submitting Commander, Coast Guard Sector (d) Enforcement period. This section comments. Baltimore. will be enforced from 7:30 a.m. until 2. Email: [email protected]. (3) Official Patrol means any vessel 12:30 p.m. on May 14, 2016, and if 3. Fax: (404) 562–9019. assigned or approved by Commander, necessary, due to inclement weather, 4. Mail: EPA–R04–OAR–2014–0250, Coast Guard Sector Baltimore with a from 7:30 a.m. until 12:30 p.m. on May Air Regulatory Management Section, Air commissioned, warrant, or petty officer 15, 2016. Planning and Implementation Branch,

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Air, Pesticides and Toxics Management material, such as copyrighted material, and revised MVEBs based upon new Division, U.S. Environmental Protection is not placed on the Internet and will be modeling associated with the Agency, Region 4, 61 Forsyth Street publicly available only in hard copy termination of the I/M program and the SW., Atlanta, Georgia 30303–8960. form. Publicly available docket inclusion of the offset measure. The SIP 5. Hand Delivery or Courier: Ms. materials are available either revision also contains a technical Lynorae Benjamin, Chief, Air Regulatory electronically in www.regulations.gov or demonstration that the requested Management Section, Air Planning and in hard copy at the Air Regulatory removal of the I/M program will not Implementation Branch, Air, Pesticides Management Section, Air Planning and interfere with attainment or and Toxics Management Division, U.S. Implementation Branch, Air, Pesticides maintenance of any NAAQS or with any Environmental Protection Agency, and Toxics Management Division, U.S. other applicable requirement of the Region 4, 61 Forsyth Street SW., Environmental Protection Agency, CAA. Atlanta, Georgia 30303–8960. Such Region 4, 61 Forsyth Street SW., deliveries are only accepted during the II. What is the background of the Atlanta, Georgia 30303–8960. EPA Shelby County maintenance area? Regional Office’s normal hours of requests that if at all possible, you operation. The Regional Office’s official contact the person listed in the FOR Shelby County was designated as hours of business are Monday through FURTHER INFORMATION CONTACT section to nonattainment for the carbon monoxide Friday, 8:30 a.m. to 4:30 p.m., excluding schedule your inspection. The Regional (CO) NAAQS on March 3, 1978. See 43 Federal holidays. Office’s official hours of business are FR 8962. Local transportation sources in Instructions: Direct your comments to Monday through Friday, 8:30 a.m. to the City of Memphis were identified as Docket ID No. EPA–R04–OAR–2014– 4:30 p.m., excluding federal holidays. the prime contributors to monitored CO 0250. EPA’s policy is that all comments violations in Shelby County at that time. FOR FURTHER INFORMATION CONTACT: received will be included in the public The City of Memphis I/M program was Richard Wong, Air Regulatory docket without change and may be adopted as a control strategy to attain made available online at Management Section, Air Planning and the CO NAAQS. www.regulations.gov, including any Implementation Branch, Air, Pesticides On July 26, 1994 (59 FR 37939), EPA personal information provided, unless and Toxics Management Division, U.S. redesignated Shelby County to the comment includes information Environmental Protection Agency, attainment for the CO standard and claimed to be Confidential Business Region 4, 61 Forsyth Street, SW., approved the initial 10-year CO Information (CBI) or other information Atlanta, Georgia 30303–8960. Mr. Wong maintenance plan for Shelby County. whose disclosure is restricted by statute. may be reached by phone at (404) 562– Subsequently, further improvements in Do not submit through 8726 or via electronic mail at automotive technology led to a www.regulations.gov or email, [email protected]. consistent reduction in locally information that you consider to be CBI SUPPLEMENTARY INFORMATION: monitored levels of CO. On October 25, or otherwise protected. The Table of Contents 2006, EPA approved the required www.regulations.gov Web site is an second 10-year CO maintenance plan ‘‘anonymous access’’ system, which I. What is being proposed? which demonstrated that I/M was no means EPA will not know your identity II. What is the background of the Shelby longer needed to maintain the CO or contact information unless you County Maintenance area? NAAQS. See 71 FR 62384. provide it in the body of your comment. III. What are the requirements of CAA On April 30, 2004, EPA designated If you send an email comment directly Sections 110(l) and 193? Shelby County, Tennessee, and to EPA without going through IV. What is EPA’s analysis of Crittenden County, Arkansas, as www.regulations.gov, your email Tennessee’s submittal and request? nonattainment for the 1997 8-hour address will be automatically captured V. Proposed Action ozone NAAQS, with a classification of and included as part of the comment VI. Statutory and Executive Order ‘moderate’ (hereinafter collectively that is placed in the public docket and Reviews referred to as the ‘‘Memphis 1997 8- made available on the Internet. If you I. What is being proposed? hour Ozone Area’’). See 69 FR 23858. submit an electronic comment, EPA Under CAA section 182(b)(4), moderate recommends that you include your EPA is proposing to approve ozone nonattainment areas with a name and other contact information in Tennessee’s May 23, 2014, SIP revision census-defined urbanized area the body of your comment and with any seeking to remove the City of Memphis population over a given threshold are disk or CD–ROM you submit. If EPA I/M program from the SIP and to required to adopt basic I/M as part of cannot read your comment due to incorporate Shelby County’s revised the required SIP. technical difficulties and cannot contact maintenance plan for the 1997 8-hour Following the initial designations for you for clarification, EPA may not be ozone NAAQS into the SIP.1 The the 1997 8-hour ozone standard, Shelby able to consider your comment. maintenance plan includes, among County, the State of Tennessee, Electronic files should avoid the use of other things, an emissions reduction Crittenden County, and the State of special characters, any form of measure to offset the emissions increase Arkansas adopted additional measures encryption, and be free of any defects or expected from the termination of City of to control ozone-forming emissions in viruses. For additional information Memphis I/M program as well as the region and petitioned EPA to use its about EPA’s public docket visit the EPA revised emission inventory estimates discretion under CAA section 181(a)(4) Docket Center homepage at http:// to reclassify the area from moderate to www.epa.gov/epahome/dockets.htm. 1 The contingency measures portion of Shelby marginal. On September 22, 2004, EPA County’s maintenance plan for the 1997 8-hour Docket: All documents in the ozone NAAQS, as incorporated into the SIP, granted the petition to reclassify the electronic docket are listed in the includes the implementation of an I/M program in area, which removed the SIP planning www.regulations.gov index. Although Shelby County as a contingency measure should a requirements mandated of moderate listed in the index, some information monitored violation of the 1997 8-hour ozone ozone nonattainment areas, including NAAQS occur in the former Memphis, TN–AR may not be publicly available, i.e., CBI nonattainment area. The proposed SIP revision will the adoption of a mandatory I/M or other information whose disclosure is not remove the I/M program from the contingency program, and reset the attainment restricted by statute. Certain other measures in the SIP-approved maintenance plan. deadline to June 15, 2007. See 69 FR

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56697. The Area failed to attain the hour ozone NAAQS. As noted effect before November 15, 1990, in a 1997 8-hour ozone NAAQS by the previously, marginal ozone nonattainment area for any air pollutant marginal area attainment deadline. nonattainment areas are not required to unless the modification insures Consequently, on March 28, 2008, EPA adopt an I/M program. equivalent or greater emission reclassified the Area as a moderate reductions of that pollutant. Shelby III. What are the requirements of CAA nonattainment area. See 73 FR 16547. County included a section 193 analysis Sections 110(l) and 193? This reclassification reset the attainment in its SIP revision because it requested deadline to June 15, 2010, with an Section 110(l) of the CAA requires removal of the I/M program from the attainment plan SIP revision due on that a revision to the SIP not interfere SIP, because Shelby County is in a March 1, 2009, to address all CAA with any applicable requirement nonattainment area for the 2008 8-hour requirements for a moderate ozone concerning attainment and reasonable ozone NAAQS, and because I/M nonattainment area, including an I/M further progress (RFP) (as defined in programs may impact ozone air quality.3 program in Shelby County pursuant to section 171), or any other applicable As discussed in Section IV, Shelby CAA section 184(b)(4). requirement of the Act. Tennessee’s County included emissions reductions The end of the 2008 ozone monitoring May 23, 2014, SIP revision includes a from the closure of the Cleo, Inc. (Cleo) season resulted in a design value for the demonstration that the requested facility to offset the estimated increase Memphis 1997 8-hour Ozone Area that actions comply with section 110(l) of in emissions due to the termination of met the NAAQS. Tennessee, the CAA. EPA evaluates each section the City of Memphis I/M program and Mississippi, and Arkansas prepared 110(l) noninterference demonstration on to support the State’s analysis of its separate, but coordinated, redesignation a case-by-case basis considering the requested actions under CAA sections requests and maintenance plans for circumstances of each SIP revision. 110(l) and 193 as they relate to the their respective portions of the Area. EPA interprets 110(l) as applying to ozone NAAQS.4 Tennessee, on behalf of Shelby County, SIP revisions for all areas of the country, submitted the redesignation request and whether attainment, nonattainment, IV. What is EPA’s analysis of maintenance plan for its portion of the unclassifiable, or maintenance for one Tennessee’s submittal and request? 1997 8-hour Ozone Area to EPA on or more of the six criteria pollutants.2 Tennessee’s May 23, 2014, SIP February 26, 2009, prior to the EPA also interprets section 110(l) to revision seeks to remove the City of attainment plan SIP revision due date. require a demonstration addressing all Memphis I/M program from the SIP and EPA approved Tennessee’s criteria pollutants whose emissions and/ incorporate Shelby County’s revised redesignation request and maintenance or ambient concentrations may change maintenance plan for the 1997 8-hour plan on January 4, 2010. See 75 FR 56. as a result of the SIP revision. The ozone NAAQS. The maintenance plan Although there was no longer a degree of analysis focused on any includes, among other things, an mandatory requirement to implement I/ particular NAAQS varies depending on emissions reduction measure to offset M in Shelby County under section the nature of the emissions associated the emissions increase expected from 184(b)(4) of the CAA, the City of with the proposed SIP revision. the termination of City of Memphis I/M Memphis continued to operate its I/M In nonattainment areas, EPA will program as well as revised emission program, and the SIP-approved generally not approve a SIP revision inventory estimates and revised MVEBs maintenance plan for the 1997 8-hour under 110(l) that allows additional based upon new modeling associated ozone NAAQS includes the emissions of pollutants for which the with the requested removal of the I/M implementation of a basic I/M program area is designated nonattainment in the program and upon the inclusion of an in Shelby County as a contingency absence of equivalent emissions offset measure.5 The SIP revision also measure in the event that the 1997 8- reductions or an attainment contains a technical demonstration to hour ozone NAAQS is violated in the demonstration addressing the proposed support the State’s analysis of its 1997 8-hour Ozone Area after changes to the SIP. ‘‘Equivalent’’ requested actions under CAA sections redesignation. In mid-2012, the emissions reductions are reductions that 110(l) and 193. The revised MVEBs are Memphis City Council voted to defund are equal to or greater than those discussed later on in this document. the City of Memphis I/M program reductions achieved by the control beginning with Fiscal Year 2013/2014. measure approved in the SIP. To show a. Non-interference Analyses Related to Vehicle inspection operations at all four that compensating emissions reductions the Removal of the City of Memphis I/ City of Memphis inspection stations are equivalent, adequate justification M Program ended on June 28, 2013. Tennessee’s must be provided. The compensating, Tennessee’s SIP revision includes an May 23, 2014, SIP submission addresses equivalent reductions must represent evaluation of the impact that the the termination of this program. actual emissions reductions achieved in requested removal of the City of On March 12, 2008, EPA promulgated a contemporaneous time frame to the Memphis I/M program would have on a revised 8-hour ozone NAAQS of 0.075 change of the existing SIP control attainment and maintenance of the parts per million (ppm). See 73 FR measure in order to preserve the status NAAQS for each criteria pollutant. This 16436 (March 27, 2008). EPA designated quo level of air emissions. If the status Shelby County; Crittenden County, quo is preserved, noninterference is 3 Shelby County is designated nonattainment only Arkansas; and a portion of Desoto demonstrated. In addition to being for the 2008 8-hour ozone NAAQS. County, Mississippi, as a marginal 4 contemporaneous, the equivalent The Cleo facility was a gift wrap manufacturing nonattainment area for the 2008 8-hour plant and warehouse located at 4025 Viscount emissions reductions must also be ozone NAAQS on April 30, 2012 Avenue, Memphis, Tennessee. permanent, enforceable, quantifiable, 5 (effective July 20, 2012) (hereinafter The other revisions to the maintenance plan are and surplus. textual changes addressing the requested removal of collectively referred to as the ‘‘Memphis Section 193 of the CAA prohibits the the I/M program, the inclusion of the Cleo facility 2008 8-hour Ozone Area’’). See 77 FR modification of control measures in offsets, the revised MVEBs and emissions 30088 (May 21, 2012). Currently, inventory, and voluntary measures that may improve ozone air quality in the 1997 8-hour Ozone monitoring data for the Memphis 2008 2 The six NAAQS for which EPA establishes Area. These textual changes do not result in 8-hour Ozone Area indicates that the health and welfare based standards are CO, lead, emissions increases and therefore will not interfere Area has attaining data for the 2008 8- NO2, ozone, PM, and SO2. with attainment or maintenance of any NAAQS.

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notice focuses on the ozone and the Cleo, Inc. facility for use as offsets Memphis Area Metropolitan Planning particulate matter (PM) NAAQS because for the requested removal of the I/M Organization (MPO). Shelby County the termination of the I/M program is program from the SIP and includes chose 2013 as the year for analysis of expected to increase VOC emissions those offsets in its revised maintenance the affected change in emissions after from on-road mobile sources and plan for incorporation into the SIP. consultation with air quality and because VOCs are precursors to ozone transportation partners, including the and PM.6789 The SIP revision includes i. Non-Interference Analysis for the Ozone NAAQS MPO and EPA, because the I/M program revised mobile source emissions terminated in June 2013. modeling using EPA’s Motor Vehicle The SIP revision quantifies the The 2013 inputs for the MOVES Emission Simulator (MOVES) on-road potential emissions increases in NOX mobile source model to estimate the and VOC due to the termination of the model were developed by interpolating emissions increases associated with the I/M program using MOVES2010b,10 the TDM results for 2011 and 2015 in order termination of the I/M program. As part most current EPA-approved on-road to use the model to estimate the of its technical demonstration under emission model at the time that emissions increases in 2013 associated CAA sections 110(l) and 193, Tennessee submitted its SIP revision, with the termination of the Memphis I/ Tennessee’s SIP revision quantifies the with inputs developed by the current M program. The results of this modeling emissions reductions from the closure of travel demand model (TDM) used by the are provided in Table 1:

TABLE 1—ON-ROAD MOBILE SOURCE EMISSIONS COMPARISON FOR THE 2013 OZONE SEASON

No I/M With I/M Change tons/day tons/day tons/day percentage

VOC ...... 13.609 13.257 0.352 2.66 NOX ...... 29.652 29.652 0.000 0.00

The County’s on-road mobile source 254.5 tons, respectively, resulting in an maintenance of the PM2.5 NAAQS modeling predicts that the termination annual average of 246.8 tpy (0.676 tpd because the PM2.5 design values for the of the City of Memphis I/M program across the calendar year). During the Area are below the PM2.5 NAAQS; VOC will increase 2013 ozone season VOC by same operational period, Cleo averaged emissions are projected to decline approximately 0.352 tons per ozone 1.09 tpy of NOX emissions (0.003 tpd through 2021 without the I/M program; season day and will not increase NOX across the calendar year). Shelby County and the VOC emissions reductions from emissions. Therefore, the SIP revision banked the Cleo shutdown emissions the shutdown of the Cleo facility offset includes VOC emissions reductions that reductions for use as industrial the projected VOC emissions increases offset 128.48 tons per year (tpy) (0.352 permitting offsets in the Memphis 2008 from the termination of the I/M tons per day (tpd) multiplied by 365 8-hour Ozone Area and has elected to program. EPA proposes to agree with days per year).11 remove 0.387 tpd (0.352 tpd multiplied the County’s technical demonstration. Tennessee’s SIP revision seeks to by the 1.1:1 offset ratio in CAA section b. 1997 8-Hour Ozone NAAQS incorporate the emissions reductions 182(a)(4)) of these shutdown VOC Maintenance Plan—Emissions Inventory from the closure of the Cleo facility for emissions reductions from the bank to Update use as offsets for the termination of the offset the estimated VOC emissions I/M program. The company ceased increase resulting from the termination The revised maintenance plan operation in 2011 and submitted a letter of the I/M Program. EPA proposes to included in Tennessee’s SIP revision to Shelby County on January 4, 2012, agree with the County’s technical contains an updated emissions requesting termination of its Title V air demonstration. inventory with emissions projections permit effective at the end of 2011, that account for the termination of the making the reductions permanent and ii. Non-Interference Analysis for the PM I/M program and the closure of the Cleo enforceable. SCHD issued a Title V NAAQS facility. Shelby County emissions for termination letter on April 3, 2012. Shelby County evaluated the potential 2021 remain the same as those provided Shelby County quantified the emissions for the requested removal of the I/M in the Shelby County 1997 8-hour reductions associated with the Cleo program to interfere with maintenance Ozone Maintenance Plan approved by facility shutdown by averaging the of the PM NAAQS in the County EPA on January 4, 2010 (75 FR 56), with certified annual emissions reported by because studies have shown that VOCs the exception of on-road mobile and the facility to the County in 2009 and can be a precursor to PM in certain point source emissions. On-road 2010, the last two full years of chemical and meteorological emissions for 2006 and 2021 in the operation. In 2009 and 2010, Cleo circumstances. The County concluded revised maintenance plan were reported and paid air pollution fees on that the termination of the I/M program remodeled using MOVES2010b, and actual VOC emissions of 239.1 tons and would not interfere with attainment or they replace the on-road emissions

6 7 EPA redesignated Shelby County to attainment Sulfur dioxide (SO2) is emitted from motor for the 2010 NO2 NAAQS. See 77 FR 9532. NO2 is for the CO NAAQS in 1994. See 59 FR 37939. On vehicles, but the amount emitted is a function of the a subset of NOX, and as shown in the mobile source October 25, 2006, EPA approved the second ten- sulfur content of the fuel being combusted. Because modeling, termination of the I/M program does not year CO maintenance plan for the Memphis/Shelby the I/M program did not address fuel composition, increase NOX emissions. County CO Maintenance Area with a 2017 CO its termination has no impact on SO2 emissions. 10 Shelby County’s 2010b MOVES modeling 8 safety margin of 480.69 tpd that did not include the The termination of the I/M program will have conforms with EPA’s modeling guidance at the time I/M program and concluded that the I/M program no impact on lead emissions because lead is no of the SIP submittal. longer blended into on-road motor fuel. 11 is not necessary for maintenance of the CO Using an annual average provides a more 9 On February 17, 2012, EPA designated all conservative estimate for the total amount of standard. See 71 FR 62384. counties in Tennessee as unclassifiable/attainment emissions reductions needed as an offset.

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estimates derived from the previous adjusted the 2021 point source Table 3. The revised maintenance model, MOBILE6.2. The MOVES model emissions for VOCs and NOX from the inventory demonstrates that future includes the road class VMT as an input 2010 1997 8-hour Ozone Maintenance emissions of VOCs and NOX through file and generates on-road mobile source Plan by including the emissions 2021 will remain below those in base emissions estimates that take into reductions resulting from the closure of year 2006, thereby indicating that consideration expected Federal tailpipe the Cleo facility. The change in Shelby County will continue to standards, fleet turnover, and new fuels. emissions for on-road and point source maintain the 1997 8-hour ozone NAAQS The MOVES modeling accounts for the is reflected in Table 2, and projections through the end of the maintenance termination of the I/M program in 2013. for on-road mobile, point, area, and non- plan period. Point source emissions for 2006 road mobile sources are presented in remain the same; however, Tennessee

TABLE 2—CHANGE IN NOX AND VOC EMISSIONS INVENTORY [Ozone season tons per day]

VOC Type inventory Year On-road Point

Base year ...... 2006 ¥1.23 No change Projection ...... 2021 ¥2.80 ¥0.676

NOX

Base year ...... 2006 2.14 No change Projection ...... 2021 ¥0.96 ¥0.003

TABLE 3—NOX AND VOC EMISSIONS INVENTORY [Ozone season tons per day]

VOC Type inventory Year Area Non-road On-road * Point ** Total Baseline

Base year...... 2006 37.531 22.698 23.986 13.665 97.880 97.880 Projection ...... 2021 47.039 19.734 8.558 17.715 93.046 97.880

NOX

Base year...... 2006 2.101 26.657 58.013 14.458 101.229 101.229 Projection ...... 2021 2.695 21.607 16.035 18.373 58.710 101.229 * 2006 on-road emissions include emissions reductions from the City of Memphis I/M program, and the 2021 on-road emissions projections include emissions increases from the termination of the City of Memphis I/M program. ** The 2021 point source projections for VOC and NOX account for the shutdown of the Cleo facility and have been reduced from the 2021 VOC and NOX point source projections in the 2010 maintenance plan by 0.676 tpd and 0.003 tpd, respectively.

c. What are the Revised MVEBs? SIP means that transportation activities Under the CAA, states are required to will not cause new air quality submit, at various times, control strategy Tennessee’s May 23, 2014, violations, worsen existing violations, or SIPs and maintenance plans for maintenance plan revision updates the delay timely attainment of the NAAQS nonattainment areas. These control MVEBs for 2006 and 2021 using on-road or any interim milestones. If a strategy SIPs (including RFP and mobile source emissions estimates from transportation plan does not conform, attainment demonstration) and MOVES and removes the MVEBs for most new projects that would expand maintenance plans create MVEBs for 2009 and 2017. The revised 2021 MVEB the capacity of roadways cannot go criteria pollutants and/or their accounts for the termination of the I/M forward. Regulations at 40 CFR part 93 precursors to address pollution from program and the shutdown of the Cleo set forth EPA policy, criteria, and cars and trucks. Per 40 CFR part 93, a facility. These budgets are used by procedures for demonstrating and MVEB must be established for the last transportation authorities to assure that assuring conformity of such year of the maintenance plan. A state transportation plans, programs, and transportation activities to a SIP. The may adopt MVEBs for other years as projects are consistent with, and regional emissions analysis is one, but well. The MVEB is the portion of the conform to, the maintenance of not the only, requirement for total allowable emissions in the acceptable air quality in the Memphis implementing transportation maintenance demonstration that is 1997 8-hour Ozone Area. conformity. Transportation conformity allocated to highway and transit vehicle Under section 176(c) of the CAA, new is a requirement for nonattainment and use and emissions. See 40 CFR 93.101. transportation plans, programs, and maintenance areas. Maintenance areas The MVEB serves as a ceiling on projects, such as the construction of are areas that were previously emissions from an area’s planned new highways, must ‘‘conform’’ to (i.e., nonattainment for a particular NAAQS transportation system. The MVEB be consistent with) the part of the state’s but have since been redesignated to concept is further explained in the air quality plan that addresses pollution attainment with an approved preamble to the November 24, 1993, from cars and trucks. Conformity to the maintenance plan for that NAAQS. Transportation Conformity Rule (58 FR

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62188). The preamble also describes Shelby County allocated 4.224 tpd of complies with the provisions of the Act how to establish the MVEB in the SIP the available VOC safety margin and and applicable Federal regulations. See and how to revise the MVEB. 40.393 tpd of the available NOX safety 42 U.S.C. 7410(k); 40 CFR 52.02(a). According to 40 CFR 93.118, a margin to the 2021 MVEBs. The Thus, in reviewing SIP submissions, maintenance plan must establish remaining safety margin in 2021 for EPA’s role is to approve state choices, MVEBs for the last year of the VOC is 0.223 tpd and for NOX is 2.126 provided that they meet the criteria of maintenance plan (in this case, 2021). tpd. The allocation from the safety the CAA. Accordingly, this proposed The updated MVEBs in the revised margins is available because of action merely approves state law as maintenance plan for the 1997 8-hour reductions of VOC and NOX that have meeting Federal requirements and does ozone NAAQS are for the base year occurred, and are projected to occur not impose additional requirements (2006) and the last year of the first 10- through 2021, primarily from mobile beyond those imposed by state law. For year maintenance plan (2021). The 2021 sources. VOC and NOX reductions are that reason, this proposed action: MVEB reflects the total on-road mobile anticipated from non-road mobile • Is not a significant regulatory action source emissions for 2021 plus an source categories, but not to the extent subject to review by the Office of allocation from the available VOC and that they occur in the on-road source Management and Budget under NOX safety margins. The MVEBs are category. VOC reductions from area Executive Orders 12866 (58 FR 51735, presented in Table 4. sources are also anticipated to occur due October 4, 1993) and 13563 (76 FR 3821, to control techniques instituted on a January 21, 2011); TABLE 4—SHELBY COUNTY VOC AND federal level on industrial • does not impose an information NOX MVEBS manufacturing activities. However, collection burden under the provisions (Ozone season tons per day) future population increases act to of the Paperwork Reduction Act (44 balance area source reductions such that U.S.C. 3501 et seq.); 2006 2021 there is a net increase in VOC emissions • in this source category. is certified as not having a significant economic impact on a NOX ...... 58.013 56.428 The MVEB is constrained to assure VOC ...... 23.986 12.782 that the total emissions from all source substantial number of small entities categories do not exceed the 2006 under the Regulatory Flexibility Act (5 The previously approved 1997 8-hour attainment year emissions. The MVEBs U.S.C. 601 et seq.); ozone maintenance plan for Shelby are consistent with the plan for • does not contain any unfunded County contained interim MVEBs for maintaining total emissions from all mandate or significantly or uniquely years 2006, 2009, and 2017 in addition source categories at or below the 2006 affect small governments, as described to the required maintenance year MVEB VOC and NOX emission levels through in the Unfunded Mandates Reform Act of 2021. The consensus formed during 2021. For future year conformity of 1995 (Public Law 104–4); the interagency consultation process determinations, transportation • does not have Federalism was that MVEBs should only be set for authorities must rely on the MVEBs implications as specified in Executive 2006 and 2021.12 Therefore, the revised unless plan revisions occur. Through Order 13132 (64 FR 43255, October 7, maintenance plan removes the interim this rulemaking, EPA is proposing to 1999); budgets for years 2009 and 2017. approve the MVEBs for NOX and VOC • is not an economically significant Under 40 CFR 93.101, the safety for 2006 and 2021 for Shelby County regulatory action based on health or margin is the difference between the because EPA believes that the County safety risks subject to Executive Order attainment level and the projected level, maintains the 1997 8-hour ozone 13045 (62 FR 19885, April 23, 1997); from all sources, of emissions in the NAAQS with the emissions at the levels • maintenance plan. The attainment level is not a significant regulatory action of the budgets. After thorough review, subject to Executive Order 13211 (66 FR of emissions is the level of emissions EPA is proposing to approve the budgets during one of the years in which Shelby 28355, May 22, 2001); because they are consistent with • County met the 1997 8-hour ozone is not subject to requirements of maintenance of the 2008 8-hour ozone Section 12(d) of the National NAAQS. The safety margin, in whole or NAAQS through 2021. in part, can be allocated to the Technology Transfer and Advancement transportation sector as long as total V. Proposed Action Act of 1995 (15 U.S.C. 272 note) because emissions from all categories remain EPA is proposing to approve application of those requirements would below the attainment level. be inconsistent with the CAA; and Tennessee’s May 23, 2014, SIP revision • For the revised 2021 MVEBs, Shelby that seeks to remove the City of does not provide EPA with the County allocated ninety-five percent of Memphis I/M program from the SIP and discretionary authority to address, as the VOC and NOX safety margin incorporate Shelby County’s revised appropriate, disproportionate human emissions to the MVEB.13 Specifically, maintenance plan for the 1997 8-hour health or environmental effects, using ozone NAAQS that includes an practicable and legally permissible 12 The transportation conformity provisions of the emission reduction measure to offset the methods, under Executive Order 12898 CAA require interagency consultation in the (59 FR 7629, February 16, 1994). development of MVEBs. The consultation process emission increases associated with the involves federal agencies (EPA, Federal Highway requested removal of the I/M program In addition, the SIP is not approved Administration, and Federal Transit from the SIP. The revised maintenance to apply on any Indian reservation land Administration), state and local transportation plan also contains updated attainment or in any other area where EPA or an agencies, state and local air agencies, and Indian tribe has demonstrated that a metropolitan planning organizations. inventories and updated MVEBs for 13 tribe has jurisdiction. In those areas of Shelby County calculated the NOX safety NOX and VOC for 2006 and 2021 for margin by subtracting 2021 projected emissions Shelby County. Indian country, the rule does not have from 2006 baseline emissions and further tribal implications as specified by subtracting 0.387 tpd to account for the offset VI. Statutory and Executive Order Executive Order 13175 (65 FR 67249, applied to the removal of the City of Memphis I/ Reviews November 9, 2000) nor will it impose M program (i.e., 97.880 tpd (2006 baseline)¥93.046 tpd (2021 projection)¥0.387 tpd (offset applied) = Under the CAA, the Administrator is substantial direct costs on tribal 4.447 tpd (NOX safety margin)). required to approve a SIP submittal that governments or preempt tribal law.

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List of Subjects in 40 CFR Part 52 electronically any information you Dated: February 2, 2016. Environmental protection, Air consider to be Confidential Business Jared Blumenfeld, pollution control, Carbon monoxide, Information (CBI) or other information Regional Administrator, Region IX. Incorporation by reference, whose disclosure is restricted by statute. [FR Doc. 2016–02845 Filed 2–11–16; 8:45 am] Intergovernmental relations, Lead, Multimedia submissions (audio, video, BILLING CODE 6560–50–P Nitrogen dioxide, Ozone, Particulate etc.) must be accompanied by a written matter, Reporting and recordkeeping comment. The written comment is requirements, Sulfur oxides, Volatile considered the official comment and ENVIRONMENTAL PROTECTION organic compounds. should include discussion of all points AGENCY Authority: 42 U.S.C. 7401 et seq. you wish to make. The EPA will 40 CFR Part 52 generally not consider comments or Dated: January 28, 2016. comment contents located outside of the [EPA–R10–OAR–2015–0855; FRL–9942–14– Heather McTeer Toney, primary submission (i.e. on the web, Region 10] Regional Administrator, Region 4. cloud, or other file sharing system). For Approval and Promulgation of [FR Doc. 2016–02844 Filed 2–11–16; 8:45 am] additional submission methods, please Implementation Plans; Idaho: BILLING CODE 6560–50–P contact the person identified in the FOR Interstate Transport Requirements for FURTHER INFORMATION CONTACT section. the 2010 Nitrogen Dioxide National For the full EPA public comment policy, ENVIRONMENTAL PROTECTION Ambient Air Quality Standards information about CBI or multimedia AGENCY submissions, and general guidance on AGENCY: Environmental Protection Agency (EPA). 40 CFR Part 52 making effective comments, please visit http://www2.epa.gov/dockets/ ACTION: Proposed rule. [EPA–R09–OAR–2015–0751; FRL–9942–06– commenting-epa-dockets. Region 9] SUMMARY: The Environmental Protection FOR FURTHER INFORMATION CONTACT: Agency (EPA) is proposing to approve a Revisions to the California State Nicole Law, EPA Region IX, (415) 947– submittal by the Idaho Department of Implementation Plan, San Joaquin 4126, [email protected]. Environmental Quality (Idaho DEQ) Valley Unified Air Pollution Control demonstrating that the State District SUPPLEMENTARY INFORMATION: This Implementation Plan (SIP) meets certain document reopens the public comment interstate transport requirements of the AGENCY: Environmental Protection period established in the proposed rule Clean Air Act (CAA) for the National Agency (EPA). published in the Federal Register on Ambient Air Quality Standards ACTION: Proposed rule; reopening of December 2, 2015 (80 FR 75442) (FRL– (NAAQS) promulgated for nitrogen comment period. 9939–64–Region 9). In that document, dioxide (NO2) on January 22, 2010. EPA solicited comments on a proposed Specifically, the Idaho DEQ reviewed SUMMARY: The Environmental Protection rule to approve revisions to the monitoring and modeling data to show Agency (EPA) issued a proposed rule in SJVUAPCD’s Rule 4702 (Internal that sources within Idaho do not the Federal Register on December 2, significantly contribute to 2015, proposing to approve a revision to Combustion Engines) and referenced a technical support document (TSD) nonattainment, or interfere with the San Joaquin Valley Unified Air maintenance, of the NO NAAQS in any containing further information about the 2 Pollution Control District (SJVUAPCD) other state. rule. Due to an administrative error, the portion of the California State DATES: TSD was not available on Comments must be received on Implementation Plan (SIP). The or before March 14, 2016. www.regulations.gov until after the December 2, 2015 proposal provided for ADDRESSES: Submit your comments, a 30-day public comment period ending close of the comment period on January 4, 2016. Although EPA did not receive identified by Docket ID No. EPA–R10– January 4, 2016. One document in the OAR–2015–0855 at http:// any public comments on this proposal docket for this proposal was not listed www.regulations.gov. Follow the online or any requests for the TSD, EPA is at www.regulations.gov until after the instructions for submitting comments. comment period had closed. EPA is reopening the comment period for Once submitted, comments cannot be reopening the comment period for 15 another 15 days to ensure that the edited or removed from Regulations.gov. days to ensure the public has an public has an opportunity to review and The EPA may publish any comment opportunity to review and comment on comment on all material in the docket. received to its public docket. Do not all material in the docket. Accordingly, any comments on this submit electronically any information DATES: Any comments must arrive by proposed rule must be received on or you consider to be Confidential February 29, 2016. before February 29, 2016. Business Information (CBI) or other ADDRESSES: Submit your comments, List of Subjects in 40 CFR Part 52 information whose disclosure is identified by Docket ID No. EPA–R09– restricted by statute. Multimedia OAR–2015–0751 at Environmental protection, Air submissions (audio, video, etc.) must be www.regulations.gov, or via email to pollution control, Carbon monoxide, accompanied by a written comment. [email protected]. Incorporation by reference, The written comment is considered the For comments submitted at Intergovernmental relations, Nitrogen official comment and should include Regulations.gov, follow the online dioxide, Ozone, Particulate matter, discussion of all points you wish to instructions for submitting comments. Reporting and recordkeeping make. The EPA will generally not Once submitted, comments cannot be requirements, Volatile organic consider comments or comment edited or removed from Regulations.gov. compounds. contents located outside of the primary For either manner of submission, the submission (i.e. on the Web, cloud, or EPA may publish any comment received Authority: 42 U.S.C. 7401 et seq. other file sharing system). For to its public docket. Do not submit additional submission methods, the full

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EPA public comment policy, I. Background 2009 through 2011. The modeled design information about CBI or multimedia On January 22, 2010, the EPA values for that period were well below the 1-hour NO2 NAAQS of 100 ppb. The submissions, and general guidance on established a primary NO2 NAAQS at making effective comments, please visit 100 parts per billion (ppb), averaged Idaho DEQ concluded that based on http://www2.epa.gov/dockets/ over one hour, supplementing the monitoring data and modeled commenting-epa-dockets. existing annual standard (75 FR 6474). background concentrations Idaho does not significantly contribute to Docket: All documents in the Within three years after promulgation of nonattainment, or interfere with electronic docket are listed in the a new or revised standard, states must submit SIPs meeting the requirements of maintenance, of the 2010 NO2 NAAQS http://www.regulations.gov index. in any other state. Although listed in the index, some CAA sections 110(a)(1) and (2), often referred to as infrastructure In addition to reviewing Idaho’s information is not publicly available, submittal, the EPA reviewed more i.e., CBI or other information that is requirements. On December 24, 2015, recent monitoring data for NO2 restricted by statute from disclosure. the Idaho DEQ submitted a SIP revision to address CAA section 110(a)(2)(D)(i)(I) throughout the United States. Using Certain other material, such as 1 requirements. The submittal included previous EPA methodology, EPA copyrighted material, is not placed on monitoring and modeling data analysis evaluated specific monitors identified as the Internet and will be publicly to demonstrate that sources within having nonattainment and/or available only in hard copy form. Idaho do not significantly contribute to maintenance problems, which we refer Publicly available docket materials are nonattainment, or interfere with to as ‘‘receptors.’’ EPA identifies available at http://www.regulations.gov maintenance, of the 2010 NO2 and 2010 nonattainment receptors as any monitor or at EPA Region 10, Office of Air, sulfur dioxide NAAQS in any other that has violated the NO2 NAAQS in the Waste and Toxics, 1200 Sixth Avenue, state. This action addresses the 2010 most recent three-year period. Seattle, Washington 98101. The EPA NO2 NAAQS only. We intend to address Meanwhile, EPA identifies NO2 requests that you contact the person the 2010 sulfur dioxide NAAQS in a maintenance receptors as any monitor listed in the FOR FURTHER INFORMATION separate, future action. that violated the NO2 NAAQS in either CONTACT section to schedule your of the prior monitoring cycles (2010– II. Evaluation inspection. The Regional Office’s 2012 and 2011–2013), but attained in official hours of business are Monday CAA section 110(a)(2)(D)(i)(I) requires the most recent monitoring cycle (2012– through Friday, 8:30 to 4:30, excluding state SIPs to contain adequate 2014). During the three most recent Federal holidays. provisions prohibiting any source or design value periods of 2010 through other type of emissions activity within 2012, 2011 through 2013, and 2012 FOR FURTHER INFORMATION CONTACT: For a state from contributing significantly to through 2014, we found no monitors information please contact John Chi at nonattainment, or interfering with violating the 2010 NO2 NAAQS in the (206) 553–1185, or [email protected]. maintenance of the NAAQS in any other United States.2 Using this methodology, SUPPLEMENTARY INFORMATION: state. the EPA found no monitors meeting the In the December 24, 2015 submittal, criteria as a nonattainment receptor Throughout this document wherever the Idaho DEQ reviewed air quality and/or as a maintenance receptor. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is monitoring data for the United States Further, we note that available intended to refer to the EPA. and found that all monitored areas in information indicates that monitored Table of Contents the country met the 2010 NO2 NAAQS values are well below the 100 ppb for the design value period 2008 1-hour NO2 NAAQS in states bordering I. Background through 2010. The Idaho DEQ also Idaho. The highest design value in II. Evaluation reviewed estimated background bordering states for the most recent III. Proposed Action concentrations for the 1-hour NO2 period is 68 ppb, at Utah County, Utah, IV. Statutory and Executive Orders Review standard for the design value period as shown in the table below.

TABLE 1—1-HOUR NO2 NAAQS DESIGN VALUES IN STATES BORDERING IDAHO

2012–2014 DV State County Site (ppb)

MT ...... Rosebud ...... 300870001 7 NV ...... Washoe ...... 320310016 54 OR ...... Multnomah ...... 410510080 35 UT ...... Cache ...... 490050004 49 UT ...... Carbon ...... 490071003 31 UT ...... Salt Lake ...... 490353006 55 UT ...... Utah ...... 490490002 68 WY ...... Campbell ...... 560050892 35 WY ...... Fremont ...... 560130099 5 WY ...... Sublette ...... 560350101 22 WY ...... Sweetwater ...... 560370300 20 WY ...... Uinta ...... 560410101 12

1 2 See NOX SIP Call, 63 FR 57371 (October 27, Transport Rule or Cross-State Air Pollution Rule, 76 http://www.epa.gov/airtrends/values.html. 1998); CAIR, 70 FR 25172 (May 12, 2005); and FR 48208 (August 8, 2011).

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The EPA also reviewed regulatory CAA and applicable Federal regulations. Nitrogen dioxide, Reporting and provisions to control future new sources 42 U.S.C. 7410(k); 40 CFR 52.02(a). recordkeeping requirements. of nitrogen oxide emissions in Idaho. Thus, in reviewing SIP submissions, the Dated: January 27, 2016. We note that on April 17, 2014, we EPA’s role is to approve state choices, Dennis J. McLerran, approved Idaho’s NO2 infrastructure SIP provided that they meet the criteria of Regional Administrator, Region 10. (79 FR 21669). In that action, we stated the CAA. Accordingly, this action that Idaho generally regulates emissions merely approves state law as meeting [FR Doc. 2016–02846 Filed 2–11–16; 8:45 am] of nitrogen oxides through its SIP- Federal requirements and does not BILLING CODE 6560–50–P approved new source review permitting impose additional requirements beyond programs and operating permit those imposed by state law. For that regulations. Idaho’s new source review reason, this action: FEDERAL COMMUNICATIONS permitting rules are found at IDAPA • Is not a ‘‘significant regulatory COMMISSION 58.01.01.200 through 228. These rules action’’ subject to review by the Office help ensure that no new or modified of Management and Budget under 47 CFR Parts 15 and 74 source of nitrogen oxides will cause or Executive Orders 12866 (58 FR 51735, [OET Docket Nos. 14–165, 14–166 and 12– contribute to violation of the NO2 October 4, 1993) and 13563 (76 FR 3821, 268; Report No. 3037] NAAQS. In addition, Idaho’s Tier II January 21, 2011); operating permit regulations at IDAPA • does not impose an information Petitions for Reconsideration of Action 58.01.01.400 through 410 require that to collection burden under the provisions in a Rulemaking Proceeding obtain an operating permit, the of the Paperwork Reduction Act (44 applicant must demonstrate the source U.S.C. 3501 et seq.); AGENCY: Federal Communications will not cause or significantly contribute • is certified as not having a Commission. to a violation of any ambient air quality significant economic impact on a ACTION: Petition for reconsideration. standard. These rules state that Idaho substantial number of small entities DEQ will require a Tier II source under the Regulatory Flexibility Act (5 SUMMARY: Petitions for Reconsideration operating permit if Idaho DEQ U.S.C. 601 et seq.); (Petitions) have been filed in the determines emission rate reductions are • does not contain any unfunded Commission’s Rulemaking proceeding necessary to attain or maintain any mandate or significantly or uniquely by Howard S. Shapiro, on behalf of ambient air quality standard or affect small governments, as described Audio-Technica U.S., Inc., Laura applicable prevention of significant in the Unfunded Mandates Reform Act Stefani, on behalf of Sennheiser deterioration increment. of 1995 (Pub. L. 104–4); Electronic Corp., Paul Margie, on behalf Based on our review of the Idaho • does not have Federalism of Google Inc., Paula Boyd, on behalf of submittal, air quality monitoring data, implications as specified in Executive Microsoft Corporation, Stephen E. and provisions in the current Federally- Order 13132 (64 FR 43255, August 10, Coran, on behalf of Wireless Internet approved Idaho SIP regulating new 1999); Service Providers Association, Rick sources, we believe it is reasonable to • is not an economically significant Kaplan, on behalf of National conclude that emissions from Idaho do regulatory action based on health or Association of Broadcasters, Lawrence J. not significantly contribute to safety risks subject to Executive Order Movshin, on behalf of WMTS Coalition, nonattainment of the 2010 NO2 NAAQS. 13045 (62 FR 19885, April 23, 1997); Catherine Wang, on behalf of Shure We also do not expect the monitors in • is not a significant regulatory action Incorporated, Ari Q. Fitzgerald, on states bordering Idaho, identified in subject to Executive Order 13211 (66 FR behalf GE Healthcare, Gordon Moore, on Table 1 above, to have difficulty 28355, May 22, 2001); behalf of Lectrosonics, Inc. and • maintaining the 2010 NO2 NAAQS. We is not subject to requirements of Telecommunications Law Professionals believe it is reasonable to conclude that Section 12(d) of the National PLLC, on behalf of Carlson Wireless emissions from Idaho do not interfere Technology Transfer and Advancement Technologies, Inc. and Cal.net, Inc. with maintenance of the 2010 NO2 Act of 1995 (15 U.S.C. 272 note) because DATES: Oppositions to the Petitions NAAQS in any other state. this action does not involve technical must be filed on or before February 29, standards; and 2016. Replies to an opposition must be III. Proposed Action • does not provide the EPA with the filed on or before March 25, 2016. The EPA has reviewed the December discretionary authority to address, as ADDRESSES: Federal Communications 24, 2015 submittal from the Idaho DEQ appropriate, disproportionate human Commission, 445 12th Street SW., demonstrating that sources in Idaho do health or environmental effects, using Washington, DC 20554. not significantly contribute to practicable and legally permissible FOR FURTHER INFORMATION CONTACT: nonattainment, or interfere with methods, under Executive Order 12898 Hugh Van Tuyl, Policy and Rules maintenance, of the NO2 NAAQS in any (59 FR 7629, February 16, 1994). other state. We have also reviewed In addition, the SIP is not approved Division, Office of Engineering and recent monitoring data and regulatory to apply on any Indian reservation land Technology, (202) 418–7506, email: provisions in the Federally-approved or in any other area where the EPA or [email protected]. Paul Murray, Idaho SIP. Based on our review, we are an Indian Tribe has demonstrated that a Policy and Rules Division, Offiice of proposing to find that the Idaho SIP Tribe has jurisdiction. In those areas of Engineering and Technology, (202) 418– meets the CAA section 110(a)(2)(D)(i)(I) Indian country, the rule does not have 0688, email: [email protected]. interstate transport requirements for the Tribal implications as specified by SUPPLEMENTARY INFORMATION: This is a 2010 NO2 NAAQS. Executive Order 13175 (65 FR 67249, summary of Commission’s document, November 9, 2000). Report No. 3037, released January 12, IV. Statutory and Executive Orders 2016. The full text of the Petitions is Review List of Subjects in 40 CFR Part 52 available for viewing and copying in Under the CAA, the Administrator is Environmental protection, Air Room CY–B402, 445 12th Street SW., required to approve a SIP submission pollution control, Incorporation by Washington, DC or may be accessed that complies with the provisions of the reference, Intergovernmental relations, online via the Commission’s Electronic

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Comment Filing System at http:// I. Summary of Petition of brake regenerators to increase vehicle apps.fcc.gov/ecfs/. The Commission On April 14, 2012, David K. Aberizk, efficiency. With an operator-initiated will not send a copy of this Notice P.E., petitioned NHTSA requesting slowing feature added to existing RBSs, pursuant to the Congressional Review development of safety standards for a Mr. Aberizk claims that overall Act, 5 U.S.C. 801(a)(l)(A) because this driver-activated vehicle regenerative efficiency increases by 6 percent in notice does not have an impact on any braking interface with a distinct rear hybrid and electric vehicles, and by at rules of particular applicability. indicator lamp.1 On July 14, 2013, Mr. least 2.5 percent for mild-hybrid Number of Petitions Filed: 12. Aberizk submitted additional vehicles. As presented, the slowing Federal Communications Commission. information in the format of a petition concept relies on the driver to manually engage the regenerator to slow the Gloria J. Miles, for rulemaking. The agency considers these two submissions as one petition vehicle, independent of the brake pedal Federal Register Liaison Officer, Office of the application. Finally, Mr. Aberizk Secretary. for rulemaking because both pertain to the same concept of driver-activated included a summary of the comment [FR Doc. 2016–02899 Filed 2–11–16; 8:45 am] and the attachment he submitted to BILLING CODE 6712–01–P vehicle regenerative braking. Specifically, Mr. Aberizk requests that NHTSA’s notice of proposed rulemaking NHTSA define the location and (NPRM) to establish Corporate Average geometric parameters for a brake control Fuel Economy (CAFE) Standards for model years 2017 and beyond.3 DEPARTMENT OF TRANSPORTATION device and the actions required for safe operation. Additionally, Mr. Aberizk II. Analysis of Petition National Highway Traffic Safety requests that NHTSA define the Although the submission met the Administration parameters for a rear lamp to signal requirements to be accepted as a vehicle slowing. rulemaking petition, NHTSA does not 49 CFR Part 571 Mr. Aberizk states that regenerator endorse specific products, designs, or technology is currently integrated as a equipment, as Mr. Aberizk requests. Federal Motor Vehicle Safety component of the conventional friction NHTSA develops and issues Federal Standards; Denial of Petition for braking system in electric or hybrid motor vehicle safety standards in order Rulemaking electric motor vehicles, which limits the to reduce crashes, deaths and injuries potential of the device to recover AGENCY: National Highway Traffic resulting from motor vehicle crashes.4 energy. He claims that hybrid and Safety Administration (NHTSA), Motor vehicle safety standards are electric vehicles with driver-activated Department of Transportation (DOT). primarily performance standards, regenerative braking systems (RBS) intended to allow manufacturers to ACTION: Denial of petition for increases overall efficiency by 6 percent choose which products, designs, and rulemaking. over existing RBS.2 equipment best satisfy the requirements. Mr. Aberizk recommends that the SUMMARY: Based on the agency’s That said, in the interest of agency establish a new safety standard evaluation, NHTSA denies a petition for completeness, the agency conducted a for regenerator engagement to adopt rulemaking from Mr. David K. Aberizk, technical review of Mr. Aberizk’s performance requirements, which he P.E., of Integrated Consultants petition. Because the petition involves believes will interest automakers in Incorporated, who requests the topics related to multiple FMVSSs, the embracing increased efficiency development of safety standards for a agency’s technical review of the slowing concepts, such as his operator-initiated driver-activated vehicle regenerative device was separate from its review of slowing design. Mr. Aberizk provided braking interface with distinct rear the illumination indicator. lighting indication. The petitioner graphic illustrations showing potential claims that the recommended changes locations for an activation control Slowing Device to the relevant safety standards would device on the steering wheel or gear Mr. Aberizk requests that NHTSA allow vehicle manufacturers to better selector, and an expanded center high- define the location and geometric utilize the regenerator technology to mounted stop lamp (CHMSL) assembly. parameters for an operator activated increase vehicle efficiency. NHTSA In his first information submission, Mr. slowing control device with a human- finds that some features of the suggested Aberizk refers the reader to the machine interface required for safe concept are not prohibited by existing Integrated Consultants Incorporated operation. Mr. Aberizk offers anecdotal Federal motor vehicle safety standards Web site for additional details on the observations and evaluations, but did (FMVSS) and notes that Mr. Aberizk did driver-activated RBS empirical test not submit quantitative data. For not demonstrate how the other features findings and his U.S. patent, Vehicle vehicles configured with the slowing address a motor vehicle safety need. Regenerative Deceleration Actuator and device, he claims a ‘noticeable’ increase FMVSS Nos. 108 and 135 currently Indicator System and Method. in range for test distances of 15 miles or specify performance requirements In his supplemental submission, Mr. greater, as well as a 50 to 75 percent relevant to certain permitted Aberizk states that current RBS reduction in brake pedal usage. The technologies identified in the petition. technologies underutilize the potential petition does not, however, assess how these factors, if accurate, would lead to DATES: February 12, 2016. 1 Original petition available at http:// safety benefits attributable to the driver- FOR FURTHER INFORMATION CONTACT: Ms. www.regulations.gov, Docket No. NHTSA–2012– activated slowing concept. Additionally, Lisa Gavin, Office of Crash Avoidance 0010–0003. 2 Mr. Aberizk does not specify whether Graph 1 NHTSA is not aware of any data that Standards, National Highway Traffic in Appendix A–1 of the additional data collected establish a correlation between Safety Administration, 1200 New Jersey and reported July 14, 2013 refers to the overall Avenue SE., Washington, DC 20590. efficiency of the vehicle at turning power into movement, or to the efficiency of the regenerative 3 Mr. Aberizk’s comment to that NPRM can be SUPPLEMENTARY INFORMATION: braking system in particular. As discussed further viewed at http://www.regulations.gov, Docket No. I. Summary of Petition below, however, it is irrelevant to the agency’s NHTSA–2010–0131–0278. II. Agency Analysis determination of whether to begin rulemaking to 4 See 49 U.S. Code § 30101, Purpose and Policy, III. Agency Decision establish a new FMVSS. section (1).

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enhanced RBS performance and Illumination Indicator DEPARTMENT OF COMMERCE reduced crash rates. In the petition, Mr. Aberizk also Perhaps more relevant, however, we National Oceanic and Atmospheric requests that NHTSA define the Administration note that a manually-enhanced feature parameters for an additional rear lamp to increase recovered braking energy is to signal vehicle slowing. Because we not prohibited by FMVSS No. 135, the 50 CFR Parts 216 and 300 are denying the petition with respect to light vehicle braking standard that braking, we need not address the part of includes requirements for the service RIN 0648–AX63 the petition related to lighting because brake system, associated parking brake without a new brake requirement, there system, and optional regenerative Trade Monitoring Procedures for is no need for a new lighting braking systems. FMVSS No. 135 Fishery Products; International Trade defines RBS as an electrical energy requirement. in Seafood; Permit Requirements for system that is installed in an electric In order for NHTSA to consider Importers and Exporters; Public vehicle for recovering or dissipating establishing a new safety standard, the Meeting; Correction kinetic energy and which uses the agency must determine that a safety propulsion motor(s) as a retarder for need exists and that the suggested AGENCY: National Marine Fisheries partial braking of the electric vehicle concept will reduce the crash risk. For Service (NMFS), National Oceanic and while returning electrical energy to the example, NHTSA completed rulemaking Atmospheric Administration (NOAA), propulsion battery(s) or dissipating action to require center high mounted Commerce. electrical energy. FMVSS No. 135 stop lamps as standard lighting ACTION: Notice of public meeting; expressly states that for an electric equipment after extensive research that correction. vehicle equipped with RBS, the RBS is quantified the crash problem and estimated the safety impact and the considered to be part of the service SUMMARY: The National Marine 6 brake system, if it is automatically effectiveness of the new equipment. Fisheries Service published a document activated by an application of the Hence, a petitioner bears the burden of in the Federal Register of February 8, providing data to justify the safety need service brake control, if there is no 2016, concerning a public webinar to means provided for the driver to for the recommended amendments to present details of a previously issued disconnect or otherwise deactivate it, the relevant safety standard.7 proposed rule (which published and if it is activated in all transmission Finally, Mr Aberizk claims that December 29, 2015) for electronic filing positions, including neutral. For an development of safety standards will of seafood trade documents. The electric vehicle that is equipped with keep product liability of an operator- antilock brake system (ABS) and RBS document contained an incorrect date initiated slowing system neutral to the for the webinar. that is part of the service brake system, industry. Because NHTSA regulates the ABS must control the RBS. A motor vehicle safety and not tort FOR FURTHER INFORMATION CONTACT: vehicle equipped with or without RBS liability, the agency refrains from Mark Wildman, Office of International must meet the stopping performance drawing legal conclusions about Mr. Affairs and Seafood Inspection; requirements of FMVSS No. 135. Aberizk’s operator-initiated slowing telephone: (301) 427–8350. Information compiled by the Federal device. Correction government estimates the combined city/highway driving energy recovered III. Agency Decision In the Federal Register of February 8, by regenerative braking to be 5 to 9 In accordance with 49 CFR part 552, 2016, in FR Doc. 2016–02418, on page percent.5 Mr. Aberizk claims that this completes the agency’s review of 6489, in the first column, correct the vehicles with driver-activated RBS the petition for rulemaking. NHTSA DATES caption to read: would incrementally increase the believes that the current requirements energy recovered by an additional 2.5 to DATES: The meeting will be held specified in FMVSS Nos. 108 and 135 6 percent. Although the amount of Wednesday, February 17, 2016, from 3 do not prohibit certain features energy recovered may be considered p.m. until 4 p.m. eastern standard time. economically beneficial, it is not a suggested in the petition. The petitioner Written comments on the proposed rule safety concern that warrants the did not demonstrate a safety need or (December 29, 2015; 80 FR 81251) must adoption of a safety standard. Mr. substantiate claims of reduced crash risk be received by February 29, 2016. Aberizk extolled the fuel economy associated with the petitioned concept. Therefore, NHTSA denies David K. Dated: February 8, 2016. benefits of the technology in support of Jeffrey Weir, his petition, but fuel economy benefits Aberizk’s petition. Acting Director, Office for International are not relevant to whether a technology Authority: 49 U.S.C. 322, 30111, 30115, Affairs and Seafood Inspection, National will improve safety. Moreover, even in 30117 and 30166; delegation of authority at Marine Fisheries Service. the CAFE program, NHTSA does not 49 CFR 1.95. mandate the use of particular [FR Doc. 2016–03053 Filed 2–11–16; 8:45 am] Issued in Washington, DC, under authority BILLING CODE 3510–22–P technologies. Like the FMVSSs, CAFE delegated in 49 CFR part 1.95. standards are performance standards. Raymond R. Posten, Manufacturers are free to choose whatever technologies they wish, and Associate Administrator for Rulemaking. NHTSA does not specify particular [FR Doc. 2016–02763 Filed 2–11–16; 8:45 am] technologies in that context either. BILLING CODE 4910–59–P

5 http://www.fueleconomy.gov/feg/atv-hev.shtml 6 See 48 FR 48235, October 18, 1983. (2% to 4% highway driving and 8% to 14% city 7 See Statement of Policy published in 63 FR driving). 59482, on November 4, 1998.

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DEPARTMENT OF COMMERCE • Mail: Send written comments to the habitat is sensitive to human- Michael D. Tosatto, Regional induced environmental degradation, National Oceanic and Atmospheric Administrator, NMFS Pacific Islands what development activities are or will Administration Region (PIR), 1845 Wasp Blvd. Bldg. be stressing the habitat, and the rarity of 176, Honolulu, HI 96818. the habitat type. Federal agencies that 50 CFR Part 665 Instructions: NMFS may not consider fund, permit, or undertake activities that RIN 0648–XD907 comments sent by any other method, to may adversely affect EFH are required to any other address or individual, or consult with NMFS regarding the Pacific Island Fisheries; Hawaii received after the end of the comment potential effects of their actions on EFH, Bottomfish and Seamount Groundfish; period. All comments received are a and to respond to NMFS Revised Essential Fish Habitat and part of the public record, and NMFS recommendations. Habitat Areas of Particular Concern will generally post them for public The Council and NMFS have viewing on www.regulations.gov AGENCY: improved their understanding of the life National Marine Fisheries without change. All personal identifying Service (NMFS), National Oceanic and histories and specific habitat information (e.g., name, address, etc.), Atmospheric Administration (NOAA), requirements of Hawaii bottomfish and confidential business information, or Commerce. seamount groundfish. After considering otherwise sensitive information the new information, the Council ACTION: Notice of availability of fishery submitted voluntarily by the sender will recommended revising the EFH and ecosystem plan amendment; request for be publicly accessible. NMFS will comments. HAPC designations in the FEP. accept anonymous comments (enter ‘‘N/ NMFS must receive comments on the SUMMARY: NMFS announces that the A’’ in the required fields if you wish to proposed amendment by April 12, 2016 Western Pacific Fishery Management remain anonymous). for consideration in the decision to Council (Council) proposes to amend The Council prepared Amendment 4 approve, partially approve, or the Fishery Ecosystem Plan for Fisheries that provides background information disapprove the amendment. of the Hawaiian Archipelago. If on the proposed action. The amendment approved, Amendment 4 would revise is available from www.regulations.gov or Current EFH and HAPC for Hawaii the descriptions of essential fish habitat the Council, 1164 Bishop St., Suite Bottomfish 1400, Honolulu, HI 96813, tel 808–522– (EFH) and habitat areas of particular The current designation for overall 8220, fax 808–522–8226, concern (HAPC) for 14 species of EFH for Hawaii bottomfish is the ‘‘water www.wpcouncil.org. bottomfish and three species of column extending from the shoreline to seamount groundfish in the Hawaiian FOR FURTHER INFORMATION CONTACT: Matt the outer boundary of the 200-mile EEZ Archipelago. The proposed action Dunlap, Sustainable Fisheries Division, [Exclusive Economic Zone] to a depth of considers the best available scientific, NMFS PIR, 808–725–5177. 400 m.’’ The current designation for commercial, and other information SUPPLEMENTARY INFORMATION: NMFS and HAPC is ‘‘all escarpments and slopes about the fisheries, and supports the the Council manage Hawaii fisheries between 40–280 m and three known long-term sustainability of fishery under the Fishery Ecosystem Plan for areas of juvenile P. [Pristipimoides] resources. Fisheries of the Hawaiian Archipelago. filamentosus habitat’’ (Table 1). DATES: NMFS must receive comments Typically, the Council recommends Current EFH and HAPC for Hawaii on the proposed amendment by April conservation and management measures Seamount Groundfish 12, 2016. for NMFS to implement under the ADDRESSES: You may submit comments authority of Magnuson-Stevens Fishery The overall EFH for Hawaii seamount on this document, identified by NOAA– Conservation and Management Act groundfish is currently defined as the NMFS–2015–0056, by either of the (Magnuson-Stevens Act (16 U.S.C. 1801 ‘‘water column and bottom habitat from following methods: et seq.). The Magnuson-Stevens Act 0–600 m in the EEZ, bounded by • Electronic Submission: Submit all contains EFH provisions to identify and latitude 29°–35° N., and longitude 171° electronic public comments via the protect important habitats of federally- E.,–179° W.’’ The seamount groundfish Federal e-Rulemaking Portal. Go to managed fish. EFH are those waters and EFH encompasses the Hancock http://www.regulations.gov/ substrates necessary for fish to spawn, Seamounts, part of the northern extent #!docketDetail;D=NOAA-NMFS-2015- breed, feed, and grow to maturity. HAPC of the Hawaiian Ridge, located 1,500 0056, click the ‘‘Comment Now!’’ icon, are a subset of EFH, and HAPC criteria miles northwest of Honolulu. Currently, complete the required fields, and enter include the importance of the habitat’s there are no HAPC designations for or attach your comments. ecological function, the extent to which Hawaii seamount groundfish (Table 1).

TABLE 1—CURRENT EFH AND HAPC FOR BOTTOMFISH AND SEAMOUNT GROUNDFISH

EFH EFH EFH EFH HAPC Species assemblage (eggs) (larvae) (juveniles) (adults) (all life stages)

Bottomfish Shallow Water column extending from the shoreline to Water column and bottom habitat extending All escarpments and Complex. the outer boundary of the EEZ to a depth of from shoreline to a depth of 400 m. slopes between Bottomfish Deep Com- 400 m. 40–280 m and plex three known areas of juvenile P. filamentosus habitat.

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TABLE 1—CURRENT EFH AND HAPC FOR BOTTOMFISH AND SEAMOUNT GROUNDFISH—Continued

EFH EFH EFH EFH HAPC Species assemblage (eggs) (larvae) (juveniles) (adults) (all life stages)

Seamount Groundfish Epipelagic zone (0 to 200 m depth) of all waters bounded by 29°–35° Water column and Not identified. N., and 171° E.–179° W. bottom habitat from 80 m to 600 m, bounded by 29°– 35° N. and 171° E.–179° W.

Proposed Changes to EFH and HAPC of amendment proposes to designate EFH Seamount Groundfish Bottomfish and Seamount Groundfish for three bottomfish complexes of the Hawaiian Archipelago (shallow, intermediate, and deep) Under the changes proposed in Amendment 4, EFH for Hawaii Bottomfish instead of the current two (shallow and deep). The amendment proposes seamount groundfish would be an area Under the changes proposed in replacing the previous life stage terms of that overlaps the Hancock Seamounts Amendment 4, the overall EFH larvae, juvenile, and adults with the Ecosystem Management area, or the designation for Hawaii bottomfish ° terms post-hatch pelagic, post- waters within the EEZ north of 28 N. would remain the same, i.e., waters 0– and west of 180° W. The proposed 400 m deep within the EEZ. The settlement, and sub-adult/adult, respectively. The amendment uses the revisions to EFH for seamount Council’s recommendations are a groundfish involve distinctions over refinement with respect to which life term ‘‘pelagic’’ to refer to the water column that excludes bottom habitat, depth ranges at various life stages. The stages and species assemblages are Council is proposing to designate the associated with a particular EFH ‘‘benthopelagic’’ for the water column same area described for EFH above as designation. The amendment proposes and benthic habitat, and ‘‘benthic’’ for HAPC for seamount groundfish (Table to revise descriptions of habitat the bottom habitat and the immediately 2). Previously there were no HAPC importance for individual species, adjacent waters in which a bottom- which reflects updated information dwelling fish might live. Revised HAPC designated for seamount groundfish in about depth range and life history for designations are for seven distinct sites the Hawaiian archipelago. each life stage of each bottomfish. The in the main Hawaiian Islands (Table 2).

TABLE 2—PROPOSED EFH AND HAPC FOR BOTTOMFISH AND SEAMOUNT GROUNDFISH

EFH EFH EFH EFH HAPC Species assemblage (eggs) (post-hatch pelagic) (post-settlement) (sub-adult/adult) (all life stages)

Bottomfish Shallow ..... Water column from 0–240 m depth extending Water column from 0–240 m depth extending Kaena Point, Oahu Complex. from the shoreline to the outer boundary of from the shoreline to the outer boundary of Kaneohe Bay, the EEZ. the EEZ. Oahu Makapuu, Bottomfish Inter- Water column from 0–320 m depth extending Water column from 40–320 m depth from the Oahu Penguin mediate Complex. from the shoreline to the outer boundary of shoreline to the outer boundary of the EEZ. Bank, Oahu Pailolo the EEZ. Channel, Maui Bottomfish Deep Com- Water column from 0–400 m depth extending Water column from 80–400 m depth from the North Kahoolawe, plex. from the shoreline to the outer boundary of shoreline to the outer boundary of the EEZ. Kahoolawe Hilo, the EEZ. Hawaii (see Amendment text and Appendices 4 and 5 for specific site locations).

Seamount Groundfish Pelagic waters 0–600 m depth within the EEZ Benthic or Benthopelagic waters All waters from 0–600 north of 29° N., and west of 179° W. benthopelagic from 120–600 m m depth within the waters from 120– depth within the EEZ north of 29° 600 m depth within EEZ north of 29° N. N., and west of the EEZ north of and west of 179° W. 179° W. 29° N., and west of 179° W.

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Authority: 16 U.S.C. 1801 et seq. Dated: February 8, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016–02843 Filed 2–11–16; 8:45 am] BILLING CODE 3510–22–P

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Notices Federal Register Vol. 81, No. 29

Friday, February 12, 2016

This section of the FEDERAL REGISTER Carbon Cycle Science Plan (2011), and contents), proposed topics, and process contains documents other than rules or other documents such as the USGCRP as outlined in the Draft Prospectus. The proposed rules that are applicable to the Strategic Plan (2012) and the White Draft Prospectus and instructions to public. Notices of hearings and investigations, House Climate Action Plan (2013). The submit comments can be found at committee meetings, agency decisions and status of, and emerging opportunities http://www.globalchange.gov/notices. rulings, delegations of authority, filing of petitions and applications and agency for, improving measurements, Section I(B) below provides a brief statements of organization and functions are observations and projections of stocks summary of the prospectus. and fluxes in the carbon cycle, examples of documents appearing in this B. Summary of the Draft Prospectus for including uncertainty identification, section. the Interagency Special Report ‘2nd will be part of the Report. SOCCR–2 will State of the Carbon Cycle Report be a product of the USGCRP, organized (SOCCR–2)’ DEPARTMENT OF AGRICULTURE and led by the Agency members of the CCIWG. This request for public 1. Overview National Institute of Food and engagement presents opportunities to Agriculture The SOCCR–2 report is a synthesis (1) submit comments on the Draft and assessment focusing on U.S. and Report Prospectus, (2) submit scientific/ North American carbon cycle processes, Request for Public Engagement in the technical information to inform the Interagency Special Report ‘2nd State stocks, and flows in the context of and assessment, and (3) nominate technical interactions with global scale budgets of the Carbon Cycle Report (SOCCR– contributors. 2)’ and climate change impacts in managed DATES: Written comments on the Draft and unmanaged systems. AGENCY: National Institute of Food and Prospectus, technical information, and Agriculture (NIFA) on behalf of the nominations for technical contributors 2. Proposed Focus Areas and Table of United States Global Change Research must be received by 5:00 p.m., ET on Contents Program (USGCRP), Department of March 14, 2016. Current status and near-term Agriculture. ADDRESSES: Comments on the Draft projections for each topic will be ACTION: Request for Public Comments on Prospectus, technical information, and included. If and where possible, a Draft Report. Prospectus, Technical nominations for technical contributors modeling and multi-model syntheses of Input, and Nominations for Technical must be submitted electronically via the carbon cycle will be included. As Contributors. https://www.globalchange.gov/notices. appropriate, each chapter will address Instructions: Response to this notice cross-cutting themes such as: Land use SUMMARY: The U.S. Carbon Cycle is voluntary. Respondents need not change, fluxes, feedbacks, historical Science Program and the Carbon Cycle reply to all components. Responses to context, indicators and trends, societal Interagency Working Group (CCIWG), this notice may be used by the impacts, North American and global under the auspices of the U.S. Global government for program planning on a scales (based on the 2014 National Change Research Program (USGCRP), non-attribution basis. NIFA therefore Climate Assessment regions), carbon are initiating an Interagency Special requests that no business proprietary management, impacts of decisions, and Report entitled the 2nd State of the information or copyrighted information research needs. The expanded draft Carbon Cycle Report (referred to as be submitted in response to this notice. table of contents can be found on ‘‘SOCCR–2’’ or ‘‘the Report’’ throughout Please note that the U.S. Government http://www.globalchange.gov/notices. this notice). The United States will not pay for response preparation, or Preface—The Preface will explain the Department of Agriculture (USDA) has for the use of any information contained importance of the carbon cycle to agreed to be lead agency for this report in the response. climate, the scope and rationale for as it is relevant to USDA and USDA has FOR FURTHER INFORMATION CONTACT: SOCCR–2, and key developments since experience in producing a similar USGCRP Contact: Dr. Gyami Shrestha; SOCCR–1. highly successful report of Climate telephone 202–223–6262; or email: Chapter 1: Global carbon cycle Change and Food Security. The focus of [email protected]. overview—Chapter 1 will contain an SOCCR–2 will be on U.S. and North NIFA Contact: Dr. Nancy Cavallaro; overview of major elements of the American carbon cycle processes, telephone 202–401–5176; or email: coupled global carbon cycle (i.e., carbon stocks, and flows in the context of and [email protected]. dioxide and methane) as well as discuss interactions with global scale budgets key interactions with climate forcing SUPPLEMENTARY INFORMATION: and climate change impacts in managed and feedback components from a global and unmanaged systems. Carbon stocks I. Request for Comments on the Draft perspective. and fluxes in soils, water (including Prospectus Chapter 2: Carbon cycle at scales— oceans), vegetation, aquatic-terrestrial Chapter 2 will provide an assessment of interfaces (e.g., coastal, estuaries, A. How To Submit Comments on the the North American carbon cycle wetlands), human settlements, Draft Prospectus (scaled down from the global system in agriculture and forestry are included. The Draft Prospectus describes the chapter 1), including updated regional, The Report will consider relevant proposed plans for scoping, drafting, and local perspectives on key carbon carbon management science reviewing, producing, and stocks and flows. perspectives and science-based tools for disseminating SOCCR–2. Comments are Chapter 3: Carbon in natural and supporting and informing decisions, as specifically sought on the Draft Report anthropogenic systems—major stocks, addressed in and related to the U.S. outline (including the draft table of flows, uncertainties, broader social

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drivers, carbon decisions—Chapter 3 contributing intellectual and technical 6. Proposed Timing will provide an assessment of key input. The process for nominating SOCCR–2, with a likely release in carbon stocks (e.g., soils, aquatic technical contributors is provided in 2017, is designed to inform the next systems, vegetation, urban, livestock, Section III below. quadrennial National Climate oceans, etc.) and the flows within and Assessment (due in 2018). between these pools, including key 3. Agency Roles uncertainties and social drivers. A Federal Steering Committee of the II. Call for Relevant Scientific Example Focus Areas that may be USGCRP’s SOCCR–2 has been Information To Inform the Special Report incorporated in the above include urban established to provide guidance and carbon, Arctic carbon, livestock and coordination to the report authors and Interested parties are invited to assist wildlife. staff. The Committee members represent in contributing, collecting and refining Chapter 4: Interactions/disturbance: CCIWG member departments and the scientific information base for this Impacts to the carbon cycle—Chapter 4 agencies including National Oceanic special report. To do so, parties are will focus on the role of disturbances, and Atmospheric Administration asked to submit recent, relevant such as fire, ocean acidification, (NOAA), National Aeronautics and scientific and/or technical research pathogens, land use change, etc. on the Space Administration (NASA), studies including observed, modeled carbon cycle. Department of Energy (DOE), United and/or projected carbon cycle science Chapter 5: Carbon cycle information, States Department of Agriculture information that have been peer management practices, tools and needs (USDA), U.S. Geological Survey (USGS) reviewed and published or accepted for at various scales—Chapter 5 will assess and Environmental Protection Agency publication in scientific journals and/or the role of recent carbon management (EPA). government reports. All scientific practices and highlight the current state literature submitted in response to this of carbon data management, monitoring 4. Information Quality and Peer Review call for information must be received by systems, tools, and carbon relevant 5:00 p.m., ET on March 14, 2016. The USGCRP’s 2nd State of the modeling scenarios. Submissions must be uploaded Carbon Cycle Report will use referenced Chapter 6: Synthesis, conclusions, electronically via the link provided on materials derived primarily from the gaps in knowledge, and (near) future http://www.globalchange.gov/notices. outlook—Chapter 6 will provide an existing, peer-reviewed scientific overarching synthesis of the current literature and consistent with guidance III. Call for Nominations for Technical state of the carbon cycle while regarding the use of other literature. Contributors identifying key knowledge gaps/ This report will follow the USDA This notice seeks nominations for opportunities and a near-term outlook Information Quality Guidelines and technical contributors to SOCCR–2 with on the North American Carbon cycle. administrative processes (http:// pertinent subject matter expertise and nifa.usda.gov/resource/usda- C. Process scientific background. Potential information-quality) including the technical contributors should be 1. Audience and Communications Office of Management and Budget accomplished scholarly writers and The audience includes scientists, (OMB) federal information quality, have demonstrated scientific and decision-makers in the public and transparency, and accessibility technical expertise and academic private sectors and the general guidelines appropriate for a Highly proficiency in at least one of the carbon Influential Scientific Assessment (HISA) cycle science topics outlined in the interested community across the U.S., _ (http://www.cio.noaa.gov/services prospectus (available via extending to North American and global _ _ _ programs/pdfs/OMB Peer Review www.globalchange.gov/notices), regions. The report may ultimately be _ used to inform policies but will not Bulletin m05-03.pdf). The report will including the human dimensions of prescribe or recommend them. undergo peer review by the National carbon cycle sciences. Submissions Academy of Sciences, public review, must demonstrate that nominees have 2. Technical Contributors and Required and final interagency clearance. demonstrated technical backgrounds, Expertise 5. Process for Public Engagement such that they could contribute to the The SOCCR–2 Report will be a federal development of a robust scientific, interagency report. Technical The written comments on the Draft technical assessment as subject matter contributors may be federal employees, Prospectus, technical information, and experts in one or more of the topics academic scientists, private and nominations for technical contributors listed under Section 2 above and in the nonprofit sector representatives, and called for in this notice are the first Draft Prospectus. others as appropriate and in alignment opportunities for public participation in Responses to this request must be with federal requirements. The the SOCCR–2 report process. Federal received by 5:00 p.m., ET on March 14, technical contributors will be selected Steering committee will provide several 2016. Please follow instructions on based on their scientific expertise; opportunities for public engagement www.globalchange.gov/notices. demonstrated accomplishments; with the scientific community Interested persons may nominate academic interests and knowledge in throughout the report scoping, planning themselves or third parties, and may the thematic areas specified in the draft and writing process via special nominate more than one person. Each outline; time availability; and technical presentations, sessions, town hall nomination must include: (1) The capability to work in this type of broad meetings and side-events at national nominee’s full name, title, institutional interdisciplinary and cross-cutting and international scientific conferences. affiliation, and contact information; (2) scientific assessment setting. The main A public review period for the Draft the nominee’s area(s) of expertise; (3) a roles and responsibilities of the SOCCR–2 will also be announced via a short description of his/her technical contributors may include Federal Register notice, after its qualifications relative to contributing to compiling the necessary background completion. Updates will be provided SOCCR–2; and (4) a current resume literature; synthesizing, analyzing and on https://www.carboncyclescience.us/ (maximum length four [4] pages). interpreting the existing science; and as available. Nominations will be reviewed, and

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nominees may be invited to participate the collection of information unless it FOR FURTHER INFORMATION CONTACT: as technical contributors to SOCCR–2. displays a currently valid OMB control Gerson Gomez, Media Advisor at Done at Washington, DC, this 8th day of number. telephone: (202) 376–8371, TTY: (202) 376–8116 or email: publicaffairs@ February, 2016. Rural Utilities Service Sonny Ramaswamy, usccr.gov. Title: 7 CFR 1744–C, Advance and Director, National Institute of Food and SUPPLEMENTARY INFORMATION: This Disbursement of Funds— Agriculture. business meeting is open to the public. Telecommunications. [FR Doc. 2016–02927 Filed 2–11–16; 8:45 am] If you would like to listen to the briefing OMB Control Number: 0572–0023. BILLING CODE 3410–22–P Summary of Collection: Section 201 of or business meeting, please contact the the Rural Electrification Act (RE Act) of above for the call-in information. Hearing-impaired persons who will 1936 authorizes the Administrator of the DEPARTMENT OF AGRICULTURE attend the briefing and require the Rural Utilities Service (RUS) to make services of a sign language interpreter loans for the purpose of providing Rural Utility Service should contact Pamela Dunston at (202) telephone service to the widest 376–8105 or at [email protected] Submission for OMB Review; practicable number of rural subscribers. at least seven business days before the Comment Request A borrower requesting loan advances scheduled date of the meeting. During must submit RUS Form 481, ‘‘Financial February 9, 2016. the briefing portion, Commissioners will Requirement Statement’’. Along with The Department of Agriculture has ask questions and discuss the briefing the Form 481 the borrower must also submitted the following information topic with the panelists. The public may submit a description of the advances collection requirement(s) to Office of submit written comments on the topic and upon request copies of backup Management and Budget (OMB) for of the briefing to the above address for documentation relating to the review and clearance under the 30 days after the briefing. Please direct transactions. Within a reasonable Paperwork Reduction Act of 1995, your comments to the attention of the amount of time, funds are advanced to Public Law 104–13. Comments are ‘‘Staff Director’’ and clearly mark the borrower for the purposes specified requested regarding (1) whether the ‘‘Briefing Comments Inside’’ on the in the statement of purposes. The collection of information is necessary outside of the envelope. Please note we borrower must immediately deposit all for the proper performance of the are unable to return any comments or advanced money into a Special functions of the agency, including submitted materials. Construction account until disbursed. whether the information will have Need and Use of the Information: The Comments may also be submitted by practical utility; (2) the accuracy of the information collected is used by RUS to email to [email protected]. agency’s estimate of burden including record and control transactions and Meeting Agenda the validity of the methodology and verify that the funds advanced in the assumptions used; (3) ways to enhance I. Approval of Agenda construction fund are related directly to the quality, utility and clarity of the II. Quiet Crisis Briefing Federal Funding loan purposes. If the information were information to be collected; (4) ways to and the Unmet Physical and Legal not collected, RUS would not have any minimize the burden of the collection of Infrastructure Needs of Indian control over how loan funds are spent information on those who are to Country or a record of the balance to be respond, including through the use of A. Opening Remarks: 9:00 a.m.–9:10 advanced. a.m. appropriate automated, electronic, Description of Respondents: Business mechanical, or other technological B. Panel 1: Native American or other for-profit. Advocacy Groups: 9:10 a.m.–10:30 collection techniques or other forms of Number of Respondents: 177. a.m. information technology. Frequency of Responses: Reporting: Comments regarding this information Speakers’ Remarks On occasion. collection received by March 14, 2016 • Jacqueline Pata, National Congress Total Burden Hours: 1,223. will be considered. Written comments of the American Indian should be addressed to: Desk Officer for Charlene Parker, • Ahniwake Rose, National Indian Agriculture, Office of Information and Departmental Information Collection Education Association Regulatory Affairs, Office of Clearance Officer. • Stacey Bohlen, National Indian Management and Budget (OMB), New [FR Doc. 2016–02949 Filed 2–11–16; 8:45 am] Health Board • Executive Office Building, 725 17th BILLING CODE 3410–15–P Dante Desiderio, Native American Street NW., Washington, DC 20502. Finance Officers Association Commenters are encouraged to submit • Sarah Deer, William Mitchell their comments to OMB via email to: COMMISSION ON CIVIL RIGHTS College of Law [email protected] or Questions from Commissioners fax (202) 395–5806 and to Departmental Sunshine Act Meeting Notice C. Panel 2: Federal Government Clearance Office, USDA, OCIO, Mail Officials: 10:35 a.m.–12:00 p.m. Stop 7602, Washington, DC 20250– AGENCY: United States Commission on Speakers’ Remarks 7602. Copies of the submission(s) may Civil Rights. • William Mendoza, White House be obtained by calling (202) 720–8958. ACTION: Notice of Commission Briefing Initiative on American Indian and An agency may not conduct or and Business Meeting. Alaska Native Education sponsor a collection of information • Tracy Toulou, U.S. Department of unless the collection of information DATES: Friday, February 19, 2016, at 9 Justice, Office of Tribal Justice displays a currently valid OMB control a.m. EST. • Robert McSwain, Indian Health number and the agency informs ADDRESSES: Place: National Place Service potential persons who are to respond to Building, 1331 Pennsylvania Ave. NW., • Randy Akers, U.S. Department of the collection of information that such 11th Floor, Suite 1150, Washington, DC Housing and Urban Development, persons are not required to respond to 20245 (Entrance on F Street NW.). Office of Native Programs

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Questions from Commissioners and components and specific finished DEPARTMENT OF COMMERCE III. Business Meeting products described in the submitted A. Program Planning notification (as described below) and International Trade Administration • Discussion and vote on the part B subsequently authorized by the FTZ proposed findings and Board. [A–122–853] recommendations for the Peaceful Production under FTZ procedures Coexistence Report Citric Acid and Certain Citrate Salts • Discussion of plan for revision of could exempt Thoma-Sea from customs From Canada: Preliminary Results of report on the effect of duty payments on the foreign status Antidumping Duty Administrative undocumented workers on African- components used in export production. Review; 2014–2015 American employment On its domestic sales, Thoma-Sea would AGENCY: Enforcement and Compliance, B. Advisory Committees be able to choose the duty rate during International Trade Administration, • Vote on appointments to the Ohio customs entry procedures that applies to Department of Commerce. Advisory Committee oceangoing vessels (free) for the foreign SUMMARY: The Department of Commerce • Presentation by Mississippi status inputs noted below. Customs (the Department) is conducting an Advisory Committee Chair on child duties also could possibly be deferred or administrative review of the care subsidies report reduced on foreign status production antidumping duty order on citric acid C. Management and Operations equipment. and certain citrate salts (citric acid) from • Staff Director’s Report The components sourced from abroad Canada. The period of review (POR) is • Submission of Spending Plan to include: plastic hoses; printed manuals; May 1, 2014, through April 30, 2015. Congressional appropriation steel pipe fittings; doors; steel tanks; The review covers one producer/ committees hatches/manholes; copper anodes; zinc exporter of the subject merchandise, • Submission of FY2017 Budget rods; base metal mountings; outboard Jungbunzlauer Canada Inc. (JBL justification transmitted to Congress Canada). We preliminarily determine as part of President’s Budget motors; parts of marine engines; parts of that sales of subject merchandise by JBL Request hydraulic pumps; hydraulic fluid Canada were not made at prices below D. Other pumps; compressors; portal/pedestal jib normal value (NV). We invite interested V. Adjourn Meeting cranes; thruster parts; pressure-reducing valves; steel tank valves; vent check parties to comment on these preliminary Dated: February 9, 2016. valves; machine parts of automated results. David Mussatt, systems; electric motors; AC generators; DATES: Effective Date: February 12, Regional Programs Unit Chief, U.S. speed drive controllers; power supplies; 2016. Commission on Civil Rights. batteries; power cells; starter generators/ FOR FURTHER INFORMATION CONTACT: [FR Doc. 2016–02992 Filed 2–10–16; 11:15 am] motors; electric ignition starter parts; Rebecca Trainor or Katherine Johnson, BILLING CODE 6335–01–P fuses; circuit boards; parts of electrical AD/CVD Operations, Office II, switching apparatus; insulated winding Enforcement and Compliance, wire; liquid flow/level measuring International Trade Administration, DEPARTMENT OF COMMERCE instruments; parts of printed circuit U.S. Department of Commerce, 14th Foreign-Trade Zones Board assemblies; and, parts of measuring Street and Constitution Avenue NW., instruments (duty rate ranges from free Washington, DC 20230; telephone (202) [B–5–2016] to 5.7%). 482–4007 or (202) 482–4929, respectively. Foreign-Trade Zone (FTZ) 279— Public comment is invited from Terrebonne Parish, Louisiana; interested parties. Submissions shall be SUPPLEMENTARY INFORMATION: Notification of Proposed Production addressed to the FTZ Board’s Executive Scope of the Order Activity; Thoma-Sea Marine Secretary at the address below. The Constructors, L.L.C. (Shipbuilding); closing period for their receipt is March The merchandise covered by this Houma, Louisiana 23, 2016. order is citric acid and certain citrate salts from Canada. The product is The Houma-Terrebonne Airport A copy of the notification will be currently classified under subheadings Commission, grantee of FTZ 279, available for public inspection at the 2918.14.0000, 2918.15.1000, submitted a notification of proposed Office of the Executive Secretary, 2918.15.5000, and 3824.90.9290 of the production activity to the FTZ Board on Foreign-Trade Zones Board, Room Harmonized Tariff System of the United behalf of Thoma-Sea Marine 21013, U.S. Department of Commerce, States (HTSUS). Although the HTSUS Constructors, L.L.C. (Thoma-Sea), 1401 Constitution Avenue NW., subheadings are provided for located in Houma, Louisiana. The Washington, DC 20230–0002, and in the convenience and customs purposes, the notification conforming to the ‘‘Reading Room’’ section of the FTZ written description of merchandise requirements of the regulations of the Board’s Web site, which is accessible subject to the scope is dispositive.1 FTZ Board (15 CFR 400.22) was via www.trade.gov/ftz. received on February 3, 2016. For further information, contact Pierre 1 A full description of the scope of the order is A separate request for subzone contained in the memorandum to Paul Piquado, Duy at [email protected] or (202) designation at the Thoma-Sea facilities Assistant Secretary for Enforcement and 482–1378. Compliance, from Christian Marsh, Deputy is planned and will be processed under Assistant Secretary for Antidumping and Section 400.31 of the FTZ Board’s Dated: February, 2, 2016. Countervailing Duty Operations, ‘‘Decision regulations. The facilities are used for Andrew McGilvray, Memorandum for Preliminary Results of the construction and repair of Antidumping Duty Administrative Review: Citric Executive Secretary. Acid and Certain Citrate Salts from Canada; 2014– oceangoing vessels. Pursuant to 15 CFR [FR Doc. 2016–02993 Filed 2–11–16; 8:45 am] 2015’’ (Preliminary Decision Memorandum), dated 400.14(b), FTZ activity would be limited BILLING CODE 3510–DS–P concurrently with these results and hereby adopted to the specific foreign-status materials by this notice.

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Methodology results within five days of the date of entries covered by this review when the The Department is conducting this publication of this notice in accordance importer-specific assessment rate review in accordance with section with 19 CFR 351.224(b). calculated in the final results of this 751(a)(1)(B) and (2) of the Tariff Act of Interested parties may submit case review is above de minimis. Where 1930, as amended (the Act). Constructed briefs not later than 30 days after the either the respondent’s weighted- 4 export price is calculated in accordance date of publication of this notice. average dumping margin is zero or de with section 772 of the Act. NV is Rebuttal briefs, limited to issues raised minimis, or the importer-specific calculated in accordance with section in the case briefs, may be filed not later assessment rate is zero or de minimis, 773 of the Act. For a full description of than five days after the date for filing we will instruct CBP to liquidate the 5 the methodology underlying our case briefs. Pursuant to 19 CFR appropriate entries without regard to 8 conclusions, see the Preliminary 351.309(c)(2) and (d)(2), parties who antidumping duties. Decision Memorandum, which is hereby submit case briefs or rebuttal briefs in We intend to issue instructions to adopted by this notice. The Preliminary this proceeding are encouraged to CBP 41 days after the date of Decision Memorandum is a public submit with each argument: (1) A publication of the final results of this document and is on file electronically statement of the issue; (2) a brief review. summary of the argument; and (3) a via Enforcement and Compliance’s Cash Deposit Requirements Antidumping and Countervailing Duty table of authorities. Centralized Electronic Service System Pursuant to 19 CFR 351.310(c), The following deposit requirements (ACCESS).2 ACCESS is available to interested parties who wish to request a will be effective for all shipments of the registered users at http:// hearing must submit a written request to subject merchandise entered, or access.trade.gov, and to all parties in the the Assistant Secretary for Enforcement withdrawn from warehouse, for Central Records Unit, Room B8024 of and Compliance, within 30 days after consumption on or after the publication the main Department of Commerce the date of publication of this notice. date of the final results of this building. In addition, a complete Requests should contain: (1) The party’s administrative review, as provided by version of the Preliminary Decision name, address, and telephone number; section 751(a)(2)(C) of the Act: (1) The Memorandum can be accessed at (2) the number of participants; and (3) cash deposit rate for JBL Canada will be http://enforcement.trade.gov/frn/. The a list of issues parties intend to be the rate established in the final results signed Preliminary Decision discuss. Issues raised in the hearing will of this review, except if the rate is de Memorandum and the electronic be limited to those raised in the minimis within the meaning of 19 CFR version of the Preliminary Decision respective case and rebuttal briefs. If a 351.106(c)(1) (i.e., less than 0.50 Memorandum are identical in content. request for a hearing is made, the percent), in which case the cash deposit A list of the topics discussed in the Department intends to hold the hearing rate will be zero; (2) for previously Preliminary Decision Memorandum is at the U.S. Department of Commerce, reviewed or investigated companies not attached as an Appendix to this notice. 14th Street and Constitution Avenue participating in this review, the cash NW., Washington, DC 20230, at a time deposit rate will continue to be the Preliminary Results of the Review 3 and date to be determined. See 19 CFR company-specific rate published for the As a result of this review, the 351.310(d). Parties should confirm by most recent period; (3) if the exporter is Department preliminarily determines telephone the date, time, and location of not a firm covered in this review, a prior that a weighted-average dumping the hearing two days before the review, or the original investigation, but margin of 0.00 percent exists for JBL scheduled date. the manufacturer is, the cash deposit Canada for the period May 1, 2014, The Department intends to issue the rate will be the rate established for the through April 30, 2015. final results of this administrative most recent period for the manufacturer review, including the results of its of the merchandise; and (4) the cash Disclosure and Public Comment analysis of issues raised in any written deposit rate for all other manufacturers We intend to disclose to interested briefs, not later than 120 days after the or exporters will continue to be 23.21 parties the calculations performed in date of publication of this notice, unless percent, the all-others rate established connection with these preliminary the deadline is extended.6 in the less-than-fair-value investigation.9 These requirements, Assessment Rates 2 On November 14, 2014, Enforcement and when imposed, shall remain in effect Compliance changed the name of Enforcement and Upon completion of the until further notice. Compliance’s AD and CVD Centralized Electronic administrative review, the Department Service System (IA ACCESS) to AD and CVD Notification to Importers Centralized Electronic Service System (ACCESS). shall determine, and U.S. Customs and The Web site location was changed from http:// Border Protection (CBP) shall assess, This notice also serves as a iaacess.trade.gov to http://access.trade.gov. The antidumping duties on all appropriate preliminary reminder to importers of Final Rule changing the references to the entries covered by this review.7 their responsibility under 19 CFR Regulations can be found at 79 FR 69046 (November 20, 2014). We calculated importer-specific ad 351.402(f)(2) to file a certificate 3 As explained in the memorandum from the valorem duty assessment rates based on regarding the reimbursement of Acting Assistant Secretary for Enforcement & the ratio of the total amount of antidumping duties prior to liquidation Compliance, the Department has exercised its antidumping duties calculated for the of the relevant entries during this discretion to toll all administrative deadlines due examined sales to the total entered to the recent closure of the Federal Government. review period. Failure to comply with See Memorandum to the Record from Ron value of the examined sales to that Lorentzen, Acting A/S for Enforcement & importer. We will instruct CBP to assess 8 See Antidumping Proceedings: Calculation of Compliance, regarding ‘‘Tolling of Administrative antidumping duties on all appropriate the Weighted-Average Dumping Margin and Deadlines as a Result of the Government Closure Assessment Rate in Certain Antidumping Duty During Snowstorm Jonas,’’ dated January 27, 2016. Proceedings; Final Modification, 77 FR 8101, 8103 4 All deadlines in this segment of the proceeding See 19 CFR 351.309(c). (February 14, 2012); see also 19 CFR 351.106(c)(2). have been extended by four business days. The 5 See 19 CFR 351.309(d). 9 See Citric Acid and Certain Citrate Salts from revised deadline for the preliminary determination 6 See section 751(a)(3)(A) of the Act and 19 CFR Canada and the People’s Republic of China: of this administrative review is now February 5, 351.213(h). Antidumping Duty Orders, 74 FR 25703 (May 29, 2016. 7 See 19 CFR 351.212(b)(1). 2009).

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this requirement could result in the injury to an industry in the United component of at least 70 percent Secretary’s presumption that States, the Department is publishing a magnesia (‘‘MgO’’) by weight, regardless reimbursement of antidumping duties notice of continuation of the of the source of raw materials for the occurred and the subsequent assessment antidumping duty orders and the MgO, with carbon levels ranging from of double antidumping duties. countervailing duty order. trace amounts to 30 percent by weight, We are issuing and publishing these DATES: Effective Date: February 12, regardless of enhancements, (for results in accordance with sections 2016. example, MCBs can be enhanced with 751(a)(1) and 777(i)(1) of the Act and 19 coating, grinding, tar impregnation or FOR FURTHER INFORMATION CONTACT: CFR 351.221(b)(4). coking, high temperature heat Kenneth Hawkins, AD/CVD Operations, treatments, anti-slip treatments or metal Dated: February 5, 2016. Enforcement and Compliance, casing) and regardless of whether or not Paul Piquado, International Trade Administration, anti-oxidants are present (for example, Assistant Secretary for Enforcement and U.S. Department of Commerce, 14th antioxidants can be added to the mix Compliance. Street and Constitution Avenue NW., from trace amounts to 15 percent by Washington, DC 20230; telephone: (202) Appendix weight as various metals, metal alloys, 482–6491. List of Topics Discussed in the Preliminary and metal carbides). SUPPLEMENTARY INFORMATION: Decision Memorandum Certain MCBs that are the subject of this investigation are currently I. Summary Background II. Background classifiable under subheadings On August 3, 2015 the Department 6902.10.1000, 6902.10.5000, III. Scope of the Order published a notice of initiation of the IV. Discussion of the Methodology 6815.91.0000, 6815.99.2000, and A. Fair Value Comparisons first sunset review of the AD orders on 6815.99.4000 of the Harmonized Tariff 1. Determination of Comparison Method MCBs from Mexico and the PRC, and Schedule of the United States 2. Results of the Differential Pricing the CVD order on MCBs from the PRC, (‘‘HTSUS’’). While HTSUS subheadings Analysis pursuant to section 751(c) of the Tariff are provided for convenience and 1 B. Product Comparisons Act of 1930, as amended (‘‘the Act’’). customs purposes, the written C. Constructed Export Price As a result of its review, the Department description is dispositive. D. Normal Value determined that revocation of the AD 1. Home Market Viability and Selection of orders would likely lead to a Continuation of the Orders Comparison Market continuation or recurrence of dumping 2. Level of Trade (LOT) As a result of the determinations by E. Cost of Production (COP) Analysis and that revocation of the CVD order the Department and the ITC that 1. Calculation of COP would likely lead to continuation or revocation of the AD and CVD orders 2. Test of Comparison Market Sales Prices recurrence of countervailable subsidies. would likely lead to a continuation or 3. Results of the COP Test The Department, therefore, notified the recurrence of dumping and F. Calculation of NV Based on Comparison ITC of the magnitude of the margins and countervailable subsidies and material Market Prices net countervailable subsidy rates likely injury to an industry in the United G. Currency Conversion to prevail should the antidumping States, pursuant to section 751(d)(2) of V. Recommendation orders and the countervailing duty order the Act and 19 CFR 351.218(a), the [FR Doc. 2016–02996 Filed 2–11–16; 8:45 am] be revoked.2 On February 2, 2016, the Department hereby orders the BILLING CODE 3510–DS–P ITC published notice of its continuation of the AD orders on MCBs determination, pursuant to section from Mexico and the PRC and the CVD 751(c) of the Act, that revocation of the order on MCBs from the PRC. U.S. DEPARTMENT OF COMMERCE AD and CVD orders on MCBs from Customs and Border Protection will Mexico and the PRC would likely lead continue to collect AD and CVD duty International Trade Administration to a continuation or recurrence of cash deposits at the rates in effect at the [A–201–837, A–570–954, C–570–955] material injury to an industry in the time of entry for all imports of subject United States within a reasonably merchandise. Certain Magnesia Carbon Bricks From foreseeable time.3 The effective date of the continuation Mexico and the People’s Republic of Scope of the Orders of the orders will be the date of China: Continuation of Antidumping publication in the Federal Register of Duty Orders and Countervailing Duty Imports covered by the orders consist this notice of continuation. Pursuant to Order of certain chemically bonded (resin or section 751(c)(2) of the Act, the pitch), MCBs with a magnesia Department intends to initiate the next AGENCY: Enforcement and Compliance, five-year review of the orders not later International Trade Administration, 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 than 30 days prior to the fifth Department of Commerce. FR 45945 (August 3, 2015) (‘‘Initiation’’). anniversary of the effective date of SUMMARY: As a result of the 2 See Certain Magnesia Carbon Bricks from continuation. determinations by the Department of Mexico and the People’s Republic of China: Final Results of Expedited Sunset Review of the This five-year (‘‘sunset’’) review and Commerce (‘‘the Department’’) and the Antidumping Duty Orders, 80 FR 76447 (December this notice are in accordance with International Trade Commission (‘‘ITC’’) 9, 2015) and accompanying Issues and Decision section 751(c) of the Act and published Memorandum; see also Certain Magnesia Carbon that revocation of the antidumping duty pursuant to section 777(i)(1) of the Act (‘‘AD’’) orders on certain magnesia Bricks from the People’s Republic of China: Final Results of Expedited First Sunset Review of the and 19 CFR 351.218(f)(4) carbon bricks (‘‘MCBs’’) from Mexico Countervailing Duty Order, 80 FR 75971 (December Dated: February 5, 2016. and the People’s Republic of China 7, 2015). (‘‘PRC’’) and the countervailing duty 3 See Certain Magnesia Carbon Bricks from the Paul Piquado, (‘‘CVD’’) order on MCBs from the PRC People’s Republic of China: Determination, 81 FR Assistant Secretary for Enforcement and 5484 (February 2, 2016); see also Certain Magnesia Compliance. would likely lead to a continuation or Carbon Bricks from the People’s Republic of China: recurrence of dumping and Investigation No. 701–TA–468 and 731–TA–1166– [FR Doc. 2016–02994 Filed 2–11–16; 8:45 am] countervailable subsidies and material 1167, USITC Publication 4589 (January, 2016). BILLING CODE 3510–DS–P

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DEPARTMENT OF COMMERCE and Compliance’s Antidumping and preliminary results within five days of Countervailing Duty Centralized the date of publication of this notice.3 International Trade Administration Electronic Service System (ACCESS). Pursuant to 19 CFR 351.309(c), [A–489–815] ACCESS is available to registered users interested parties may submit cases at http://iaaccess.trade.gov and is briefs no later than 30 days after the Light-Walled Rectangular Pipe and available to all parties in the Central date of publication of this notice. Tube From Turkey; Preliminary Results Records Unit, Room B8024 of the main Rebuttal briefs, limited to issues raised of Antidumping Duty Administrative Department of Commerce building. In in the case briefs, may be filed no later Review; 2014–2015 addition, a complete version of the than five days after the date for filing Preliminary Decision Memorandum can case briefs.4 Parties who submit case AGENCY: Enforcement and Compliance, be accessed directly at http:// briefs or rebuttal briefs in this International Trade Administration, enforcement.trade.gov/frn/. The signed proceeding are encouraged to submit Department of Commerce. Preliminary Decision Memorandum and with each argument: (1) A statement of SUMMARY: The Department of Commerce the electronic versions of the the issue; (2) a brief summary of the (the Department) preliminarily finds Preliminary Decision Memorandum are argument; and (3) a table of authorities.5 that Agir Haddecilik A.S. (Haddecilik) identical in content. Case and rebuttal briefs should be filed did not make sales at prices below using ACCESS.6 Tolling and Postponement of Deadline Pursuant to 19 CFR 351.310(c), normal value (NV) during the period of for Preliminary Results review (POR). The POR is May 1, 2014, interested parties who wish to request a through April 30, 2015. We invite As explained in the memorandum hearing must submit a written request to interested parties to comment on these from the Acting Assistant Secretary for the Assistant Secretary for Enforcement preliminary results. Enforcement & Compliance, the and Compliance, filed electronically via Department has exercised its discretion ACCESS. An electronically filed DATES: Effective Date: February 12, to toll all administrative deadlines due document must be received successfully 2016. to the recent closure of the Federal in its entirety by the Department’s FOR FURTHER INFORMATION CONTACT: Government. All deadlines in this electronic records system, ACCESS, by Mark Flessner or Robert James, AD/CVD segment of the proceeding have been 5:00 p.m. Eastern Standard Time within Operations, Office VI, Enforcement and extended by four business days. The 30 days after the date of publication of Compliance, International Trade revised deadline for the preliminary this notice.7 Requests should contain: Administration, U.S. Department of results of this review is now February 5, (1) The party’s name, address, and Commerce, 14th Street and Constitution 2016.2 telephone number; (2) the number of Avenue NW., Washington, DC 20230; Methodology participants; and (3) a list of issues to be telephone: (202) 482–6312 or (202) 482– discussed. Issues raised in the hearing 0649, respectively. The Department is conducting this will be limited to those raised in the review in accordance with section SUPPLEMENTARY INFORMATION: respective case briefs. If a request for a 751(a)(2) of the Tariff Act of 1930, as hearing is made, parties will be notified Scope of the Order amended (the Act). Export price (EP) is of the date and time of the hearing to be The merchandise covered by the order calculated in accordance with section held at the U.S. Department of is certain welded carbon quality light- 772 of the Act. Normal value (NV) is Commerce, 14th Street and Constitution walled steel pipe and tube, of calculated in accordance with section Avenue NW., Washington, DC 20230. rectangular (including square) cross 773 of the Act. For a full description of The Department intends to issue the section, having a wall thickness of less the methodology underlying our final results of this administrative than 4 millimeters. The merchandise conclusions, see the Preliminary review, including the results of its subject to the order is classified in the Decision Memorandum. analysis of the issues raised in all Harmonized Tariff Schedule of the Preliminary Results of the Review written case briefs, within 120 days after the date of publication of this notice, United States at subheadings As a result of this review, we 7306.61.50.00 and 7306.61.70.60. pursuant to section 751(a)(3)(A) of the preliminarily determine the following Act and 19 CFR 351.213(h)(1). For a full description of the scope of weighted-average dumping margin for the order, see the memorandum from the period May 1, 2014, through April Assessment Rates Christian Marsh, Deputy Assistant 30, 2015: Upon completion of the Secretary for Antidumping and administrative review, the Department Countervailing Duty Operations, to Paul Weighted- shall determine, and U.S. Customs and Piquado, Assistant Secretary for average Border Protection (CBP) shall assess, Enforcement and Compliance, entitled Exporter or producer dumping antidumping duties on all appropriate ‘‘Light-Walled Rectangular Pipe and margin (percent) entries.8 If Haddecilik’s weighted- Tube From Turkey: Decision average dumping margin is not zero or Memorandum for the Preliminary Agir Haddecilik A.S ...... 0.00 de minimis in the final results of this Results of Antidumping Duty Administrative Review; 2014–2015’’ Disclosure and Public Comment 3 See 19 CFR 351.224(b). (Preliminary Decision Memorandum), 4 The Department intends to disclose to See 19 CFR 351.309(d). which is dated concurrently with this 5 interested parties the calculations See 19 CFR 351.309(c)(2) and (d)(2). notice and is hereby incorporated by 6 See 19 CFR 351.303. performed in connection with these reference.1 The Preliminary Decision 7 See 19 CFR 351.310(c). Memorandum is a public document and 8 In these preliminary results, the Department 2 See Memorandum to the Record from Ron applied the assessment rate calculation method is on file electronically via Enforcement Lorentzen, Acting A/S for Enforcement & adopted in Antidumping Proceedings: Calculation Compliance, regarding ‘‘Tolling of Administrative of the Weighted-Average Dumping Margin and 1 A list of the topics discussed in the Preliminary Deadlines as a Result of the Government Closure Assessment Rate in Certain Antidumping Duty Decision Memorandum appears in the Appendix to During Snowstorm Jonas,’’ dated January 27, 2016. Proceedings; Final Modification, 77 FR 8101 this notice. See also Preliminary Decision Memorandum. (February 14, 2012).

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review, we will calculate importer- investigation.10 These cash deposit Ningbo Afa Kitchen and Bath Co., Ltd. specific assessment rates on the basis of requirements, when imposed, shall (Ningbo). We preliminarily determine the ratio of the total amount of dumping remain in effect until further notice. that Ningbo is the successor-in-interest calculated for an importer’s examined to Yuyao Afa Kitchenware Co., Ltd. Notification to Importers sales and the total entered value of such (Yuyao) for purposes of determining AD sales in accordance with 19 CFR This notice also serves as a liability. Interested parties are invited to 351.212(b)(1). If Haddecilik’s weighted- preliminary reminder to importers of comment on these preliminary results. average dumping margin is zero or de their responsibility under 19 CFR DATES: Effective Date: February 12, minimis in the final results of review, or 351.402(f)(2) to file a certificate 2016. an importer-specific rate is zero or de regarding the reimbursement of FOR FURTHER INFORMATION CONTACT: Ross minimis, we will instruct CBP to antidumping duties prior to liquidation Belliveau or Brian Smith, AD/CVD liquidate the appropriate entries of the relevant entries during this Operations, Office II, Enforcement and without regard to antidumping duties. review period. Failure to comply with Compliance, International Trade For entries of subject merchandise this requirement could result in the Administration, U.S. Department of during the POR produced by the Department’s presumption that Commerce, 1401 Constitution Avenue respondent for which it did not know its reimbursement of antidumping duties NW., Washington, DC 20230; telephone: merchandise was destined for the occurred and the subsequent assessment (202) 482–4952 or (202) 482–1766. United States, we will instruct CBP to of double antidumping duties. liquidate un-reviewed entries at the all- We are issuing and publishing these SUPPLEMENTARY INFORMATION: others rate if there is no rate for the results in accordance with sections Background intermediate company involved in the 751(a)(1) and 777(i)(1) of the Act and 19 9 CFR 351.213(h)(1). On April 11, 2013, the Department transaction. published in the Federal Register an AD We intend to issue instructions to Dated: February 5, 2016. order on drawn stainless steel sinks CBP 15 days after publication of the Paul Piquado, from the PRC.1 On November 19, 2015, final results of this review. Assistant Secretary for Enforcement and Ningbo, a producer/exporter of drawn Compliance. Cash Deposit Requirements stainless steel sinks covered by this Appendix—List of Topics Discussed in order, changed its name from Yuyao to The following deposit requirements the Preliminary Decision Memorandum Ningbo. On December 22, 2015, Ningbo will be effective upon publication of the requested that the Department conduct notice of final results of administrative Summary a changed circumstances review under Background review for all shipments of light-walled section 19 U.S.C. 1675(b) and 19 CFR Scope of the Order 2 rectangular pipe and tube from Turkey Methodology 351.216. In this request, Ningbo asked entered, or withdrawn from warehouse, Fair Value Comparisons the Department to determine that it is for consumption on or after the date of Product Comparisons the successor-in-interest to Yuyao and, publication as provided by section Determination of Comparison Method accordingly, to assign it the cash deposit 751(a)(2) of the Act: (1) The cash deposit Date of Sale rate of Yuyao.3 U.S. Price rate for Haddecilik will be the weighted- Scope of the Order average dumping margin established in Duty Drawback the final results of this administrative Normal Value The products covered by the scope of Currency Conversion this order are drawn stainless steel sinks review except if the rate is de minimis Conclusion within the meaning of 19 CFR with single or multiple drawn bowls, 351.106(c)(1), in which case the cash [FR Doc. 2016–02995 Filed 2–11–16; 8:45 am] with or without drain boards, whether deposit rate will be zero; (2) for BILLING CODE 3510–DS–P finished or unfinished, regardless of merchandise exported by manufacturers type of finish, gauge, or grade of stainless steel. Mounting clips, or exporters not covered in this review DEPARTMENT OF COMMERCE but covered in a prior segment of the fasteners, seals, and sound-deadening pads are also covered by the scope of proceeding, the cash deposit rate will International Trade Administration continue to be the company-specific rate this order if they are included within published for the most recently [A–570–983] the sales price of the drawn stainless completed segment of this proceeding in steel sinks. For purposes of this scope Notice of Initiation and Preliminary which the manufacturer or exporter definition, the term ‘‘drawn’’ refers to a Results of Antidumping Duty Changed participated; (3) if the exporter is not a manufacturing process using metal Circumstances Review: Drawn firm covered in this review, a prior forming technology to produce a smooth Stainless Steel Sinks From the review, or the original less-than-fair- basin with seamless, smooth, and People’s Republic of China value investigation but the manufacturer rounded corners. Drawn stainless steel is, the cash deposit rate will be the rate AGENCY: Enforcement and Compliance, sinks are available in various shapes established for the most recently International Trade Administration, and configurations and may be completed segment of the proceeding Department of Commerce. 1 See Drawn Stainless Steel Sinks from the for the manufacturer of the SUMMARY : The Department of Commerce People’s Republic of China: Amended Final merchandise; (4) the cash deposit rate (the Department) is initiating a changed Determination of Sales at Less Than Fair Value and for all other manufacturers or exporters circumstances review (CCR) of the Antidumping Duty Order, 78 FR 21592 (April 11, will continue to be 27.04 percent ad antidumping duty (AD) order on drawn 2013). valorem, the all-others rate established stainless steel sinks from the People’s 2 See Letter from Ningbo, entitled ‘‘Drawn Stainless Steel Sinks from the People’s Republic of in the less-than-fair-value Republic of China (PRC) with regard to China: Request for Changed Circumstances Review by Yuyao Afa Kitchenware Co., Ltd. and Ningbo Afa 9 See Antidumping and Countervailing Duty 10 See Notice of Antidumping Duty Order: Light- Kitchen and Bath Co., Ltd.,’’ dated December 22, Proceedings: Assessment of Antidumping Duties, 68 Walled Rectangular Pipe and Tube From Turkey, 73 2015 (Ningbo CCR Request). FR 23954 (May 6, 2003). FR 31065 (May 30, 2008). 3 Id.

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described in a number of ways expediting this CCR is warranted 19, 2015, respectively; 10 (2) a copy of including flush mount, top mount, or because we have the information the government certification and undermount (to include the attachment necessary to make a preliminary finding approval of the company’s name change relative to the countertop). Stainless already on the record, in accordance from Yuyao to Ningbo; 11 (3) an excerpt steel sinks with multiple drawn bowls with our practice.6 from Yuyao’s June 25, 2015, separate that are joined through a welding In determining whether one company rate application documenting the operation to form one unit are covered is the successor-in-interest to another, ownership of the company; 12 (4) an by the scope of the order. Drawn the Department examines a number of excerpt from Yuyao’s June 25, 2015, stainless steel sinks are covered by the factors including, but not limited to, separate rate application listing the scope of the order whether or not they changes in management, production company’s management team; 13 (5) a are sold in conjunction with non-subject facilities, supplier relationships, and listing of the company’s suppliers before accessories such as faucets (whether customer base.7 While no single factor and after its name change.14 Ningbo also attached or unattached), strainers, or combination of these factors will submitted information pertaining to its strainer sets, rinsing baskets, bottom necessarily provide a dispositive location/production facilities and U.S. grids, or other accessories. indication of a successor-in-interest customer base.15 Excluded from the scope of the order relationship, the Department will Based on the evidence on the record, are stainless steel sinks with fabricated generally consider the new company to we preliminarily find that Ningbo is the bowls. Fabricated bowls do not have be the successor to the previous successor-in-interest to Yuyao. We find seamless corners, but rather are made by company if the new company’s resulting that Ningbo operates as the same notching and bending the stainless steel, operation is not materially dissimilar to business entity as Yuyao and that its and then welding and finishing the that of its predecessor.8 Thus, if the ownership, management, production vertical corners to form the bowls. evidence demonstrates that, with facilities, supplier relationships, and Stainless steel sinks with fabricated respect to the production and sale of the customers have not changed as a result bowls may sometimes be referred to as subject merchandise, the new company of its name change. Thus, we preliminarily find that Ningbo should ‘‘zero radius’’ or ‘‘near zero radius’’ operates as the same business entity as receive the same antidumping duty cash sinks. the prior company, the Department will deposit rate with respect to the subject assign the new company the cash The products covered by this order merchandise as Yuyao, its predecessor deposit rate of its predecessor.9 are currently classified in the company.16 Harmonized Tariff Schedule of the In its December 22, 2015 submission, Should our final results remain the United States (HTSUS) under statistical Ningbo provided information to same as these preliminary results, we reporting number 7324.10.0000 and demonstrate that it is the successor-in- will instruct U.S. Customs and Border 7324.10.0010. Although the HTSUS interest to Yuyao. Ningbo states that the Protection to suspend entries of subject subheadings are provided for company’s ownership, location/ merchandise exported by Ningbo at convenience and customs purposes, the production facilities, management, and Yuyao’s cash deposit rate, effective on written description of the scope is customer base have not changed as a the publication date of our final results. dispositive. result of the corporate name change. It states further that its suppliers have Public Comment Initiation and Preliminary Results of remained largely the same, with some Changed Circumstances Review Interested parties may submit case suppliers added but none eliminated. briefs and/or written comments not later Pursuant to section 751(b)(1)(A) of the To support its claims, Ningbo submitted than 14 days after the publication of this Tariff Act of 1930, as amended (the Act) the following documents: (1) A copy of notice.17 Rebuttal briefs, which must be and 19 CFR 351.216(d), the Department Ningbo’s old and new business licenses, limited to issues raised in case briefs, will conduct a CCR upon receipt of a issued on June 2, 2015, and November may be filed not later than five days request from an interested party for a after the deadline for filing case briefs.18 review of an AD order which shows Changed Circumstances Review, 80 FR 48807 Parties who submit case briefs or changed circumstances sufficient to (August 14, 2015) (Pasta From Italy Final Results)). rebuttal briefs in this changed warrant a review of the order. The 6 See, e.g., Pasta From Italy Preliminary Results, information submitted by Ningbo 80 FR at 33480–41 (unchanged in Pasta From Italy 10 See Ningbo CCR Request at Exhibit 1. Final Results, 80 FR at 48807). 11 Id. at Exhibit 2. supporting its claim that it is the 7 See, e.g., Notice of Initiation and Preliminary 12 Id. at Exhibit 3. successor-in-interest to Yuyao Results of Antidumping Duty Changed 13 Circumstances Review: Certain Frozen Warmwater Id. at Exhibit 4. demonstrates changed circumstances 14 sufficient to warrant such a review.4 Shrimp From Thailand, 75 FR 61702, 61703 Id. at Exhibit 5. (October 6, 2010) (Shrimp From Thailand 15 Id. at 3–4. In accordance with the above- Preliminary Results) (unchanged in Notice of Final 16 Yuyao received a 4.29 percent dumping margin referenced regulation, the Department is Results of Antidumping Duty Changed in the 2012–2014 administrative review of the AD initiating a CCR to determine whether Circumstances Review: Certain Frozen Warmwater order on drawn stainless steel sinks from the PRC. Shrimp From Thailand, 75 FR 74684 (December 1, See Drawn Stainless Steel Sinks from the People’s Ningbo is the successor-in-interest to 2010) (Shrimp From Thailand Final Results)); and Republic of China: Final Results of the Yuyao. When it concludes that Industrial Phosphoric Acid From Israel: Final Antidumping Duty Administrative Review; 2012– expedited action is warranted, the Results of Antidumping Duty Changed 2014, 80 FR 69644, 69645 (November 10, 2015). We Department may publish the notice of Circumstances Review, 59 FR 6944, 6946 (February note that Yuyao is also a respondent in the current initiation and preliminary results for a 14, 1994). 2014–2015 administrative review of this 8 antidumping duty order. See Initiation of 5 See, e.g., Shrimp From Thailand Preliminary CCR concurrently. We determined that Results, 75 FR at 61703 (unchanged in Shrimp From Antidumping and Countervailing Duty Thailand Final Results, 75 FR at 74684). Administrative Reviews, 80 FR 30041, 30046 (May 4 See 19 CFR 351.216(d). 9 Id.; see also Notice of Final Results of Changed 26, 2015). At the conclusion of this CCR, if we 5 See 19 CFR 351.221(c)(3)(ii); see also Certain Circumstances Antidumping Duty Administrative determine that Ningbo is the successor-in-interest to Pasta From Italy: Initiation and Preliminary Results Review: Polychloroprene Rubber From Japan, 67 FR Yuyao, we will assign Ningbo an updated cash of Antidumping Duty Changed Circumstances 58, 59 (January 2, 2002); and Ball Bearings and deposit rate based on the final results of the ongoing Review, 80 FR 33480, 33480–41 (June 12, 2015) Parts Thereof from France: Final Results of review. (Pasta From Italy Preliminary Results) (unchanged Changed-Circumstances Review, 75 FR 34688, 17 See 19 CFR 351.309(c)(ii). in Certain Pasta From Italy: Final Results of 34689 (June 18, 2010). 18 See 19 CFR 351.309(d).

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circumstances review are requested to for Improving Critical Infrastructure Enhancement Act of 2014 1 to ‘‘facilitate submit with each argument: (1) A Cybersecurity’’ (the ‘‘Framework’’) and support the development of a statement of the issue; (2) a brief through February 23, 2016. In a Request voluntary, consensus-based, industry- summary of the argument; and (3) a for Information (RFI) that published in led set of standards, guidelines, best table of authorities. Interested parties the Federal Register on December 11, practices, methodologies, procedures, who wish to comment on the 2015 (80 FR 76934), NIST requested and processes to cost-effectively reduce preliminary results must file briefs information about the variety of ways in cyber risks to critical infrastructure.’’ 2 electronically using Enforcement and which the Framework is being used to Executive Order 13636, ‘‘Improving Compliance’s Antidumping and improve cybersecurity risk management, Critical Infrastructure Cybersecurity’’ 3 Countervailing Duty Centralized how best practices for using the tasked the Secretary of Commerce to Electronic Service System (ACCESS). Framework are being shared, the direct the Director of NIST to lead the ACCESS is available to registered users relative value of different parts of the development of a framework to reduce at http://access.trade.gov. An Framework, the possible need for an cyber risks to critical infrastructure. A electronically-filed document must be update of the Framework, and options final version of Framework 1.0 was received successfully in its entirety by for the long-term governance of the the Department’s electronic records Framework. NIST is extending the published on February 12, 2014, after a system, ACCESS, by 5 p.m. Eastern comment period announced in the year-long, open process involving Time on the date the document is due. December 11, 2015 RFI from February 9, private and public sector organizations, Interested parties that wish to request 2016 to February 23, 2016. including extensive industry input and a hearing must submit a written request public comments, and announced in the DATES: Comments must be received by to the Assistant Secretary for Federal Register (79 FR 9167) on 5:00 p.m. Eastern time on February 23, Enforcement and Compliance, filed February 18, 2014. On December 11, 2016. Comments received after February electronically via ACCESS, within 14 2015 NIST published a RFI in the 9, 2016 and before publication of this days of publication of this notice.19 Federal Register (80 FR 76934) seeking notice are deemed to be timely. Parties will be notified of the time and information about the variety of ways in date of any hearing, if requested.20 ADDRESSES: Written comments may be which the Framework is being used to Consistent with 19 CFR 351.216(e), submitted by mail to Diane Honeycutt, improve cybersecurity risk management, we intend to issue the final results of National Institute of Standards and how best practices for using the this changed circumstance review no Technology, 100 Bureau Drive, Stop Framework are being shared, the later than 270 days after the date on 8930, Gaithersburg, MD 20899. Online relative value of different parts of the which this review was initiated, or submissions in electronic form may be Framework, the possible need for an within 45 days of publication of these sent to [email protected] in any update of the Framework, and options preliminary results if all parties agree to of the following formats: HTML; ASCII; for the long-term governance of the our preliminary finding. Word; RTF; or PDF. Please include your Framework. NIST is extending the We are issuing and publishing this name and your organization’s name (if comment period announced in the finding and notice in accordance with any), and cite ‘‘Views on the Framework sections 751(b)(1) and 777(i)(1) of the for Improving Critical Infrastructure December 11, 2015 RFI from February 9, Act, and 19 CFR 351.216 and Cybersecurity’’ in all correspondence. 2016 to February 23, 2016 to allow 351.221(c)(3)(ii). Comments containing references, comments to be submitted during a studies, research, and other empirical timeframe in which a variety of Dated: February 5, 2016. cybersecurity events are scheduled to Paul Piquado, data that are not widely published should include copies of the referenced occur. Assistant Secretary for Enforcement and Compliance. materials. Please do not submit Kevin Kimball, additional materials. [FR Doc. 2016–02997 Filed 2–11–16; 8:45 am] Chief of Staff. All comments received in response to BILLING CODE 3510–DS–P [FR Doc. 2016–02860 Filed 2–11–16; 8:45 am] this RFI will be posted at http://www. nist.gov/cyberframework/cybersecurity- BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE framework-rfi.cfm without change or redaction, so commenters should not National Institute of Standards and include information they do not wish to Technology be posted (e.g., personal or confidential [Docket Number 151103999–6076–02] business information). FOR FURTHER INFORMATION CONTACT: For Views on the Framework for Improving questions about this RFI contact: Diane 1 Critical Infrastructure Cybersecurity Public Law 113–274 (2014): http://www.gpo. Honeycutt, National Institute of gov/fdsys/pkg/PLAW-113publ274/pdf/PLAW- AGENCY: National Institute of Standards Standards and Technology, 100 Bureau 113publ274.pdf and Technology, Commerce. Drive, Stop 8930, Gaithersburg, MD 2 Id., codified in relevant part at 15 U.S.C. 20899 or [email protected]. 272(c)(15). Congress’s intent was to codify NIST’s ACTION: Notice; extension of comment Please direct media inquiries to NIST’s role in Executive Order No. 13636: ‘‘Title I would period. Office of Public Affairs at (301) 975– codify certain elements of Executive Order 13636 by directing the National Institute of Standards and SUMMARY: 2762. The National Institute of Technology (NIST) to develop a framework of Standards and Technology (NIST) is SUPPLEMENTARY INFORMATION: NIST is voluntary standards designed to reduce risks arising extending the period for submitting extending the comment period from cyberattacks on critical infrastructure that is comments relating to the ‘‘Framework privately owned and operated.’’ S. Rep. No. 113– announced in the December 11, 2015 270, at 9 (2014). Request for Information (RFI) (80 FR 19 See 19 CFR 351.310(c); see also 19 CFR 351.303 3 Exec. Order No. 13636, Improving Critical for general filing requirements. 76934) through February 23, 2016. NIST Infrastructure Cybersecurity, 78 FR 11739 (Feb. 19, 20 See 19 CFR 351.310. is authorized by the Cybersecurity 2013).

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DEPARTMENT OF COMMERCE structures, composting, and energy a.m. until 12 p.m. and on Monday, April reduction. 4, 2016, from 1:30 p.m. to 5 p.m. National Oceanic and Atmospheric The types of data targeted for this ADDRESSES: To attend the webinars: (1) Administration collection are: attitudes and preferences Join the meetings by visiting this link towards the projects and student http://www.gotomeeting.com/online/ Submission for OMB Review; involvement, importance of/satisfaction webinar/join-webinar; (2) enter the Comment Request with the program and attributes of the Webinar ID: 137–048–875, and (3) enter program, extent of reach (are parents The Department of Commerce will your name and email address (required). aware of their student’s involvement After logging in to the webinars, please submit to the Office of Management and and are they too learning about ocean Budget (OMB) for clearance the (1) dial this TOLL number +1 (415) 930– stewardship), level of teacher, student, 5321 (not a toll-free number); (2) enter following proposal for collection of parent and administrative involvement, information under the provisions of the the attendee phone audio access code and teachers’ and parents’ willingness 748–538–268; and (3) then enter your Paperwork Reduction Act (44 U.S.C. to pay. The primary focus for the survey Chapter 35). audio phone pin (shown after joining will be to gather data on parents’ and the webinar). The same log information Agency: National Oceanic and teachers’ willingness to pay for this Atmospheric Administration (NOAA). will be used for both webinars. program. Specifically, researchers will Participants are encouraged to use their Title: Socioeconomics of Ocean collect data to determine the economic Guardian Schools—An Office of the telephone, as this is the best practice to value teachers, administrators and avoid technical issues and excessive National Marine Sanctuaries parents place on this program. The Educational Program. feedback (see http://www.pcouncil.org/ information collected will help to _ _ OMB Control Number: 0648-xxxx. wp-content/uploads/PFMC Audio inform Ocean Guardian Schools about Diagram_GoToMeeting.pdf PFMC Form Number(s): None. areas for improvement and the value Type of Request: Regular (request for GoToMeeting Audio Diagram for best that their programs create for the a new information collection). practices). Technical Information and community. Number of Respondents: 2,583. System Requirements: PC-based Affected Public: Individuals or ® Average Hours Per Response: 20 attendees are required to use Windows households. ® minutes. 7, Vista, or XP; Mac -based attendees Frequency: One time. ® Burden Hours: 861. Respondent’s Obligation: Voluntary. are required to use Mac OS X 10.5 or Needs and Uses: This request is for a This information collection request newer; Mobile attendees are required to ® ® TM new information collection to provide may be viewed at reginfo.gov. Follow use iPhone , iPad , Android phone benefit throughout the sanctuary system the instructions to view Department of or Android tablet (see the GoToMeeting and specifically our sites that work with Commerce collections currently under WebinarApps). You may send an email Ocean Guardian Schools. The National review by OMB. to [email protected] or Ocean Service (NOS) proposes to collect Written comments and contact him at (503) 820–2280, information from parents and teachers recommendations for the proposed extension 425 for technical assistance. A about the attitudes and preferences and information collection should be sent public listening station will also be economic value they receive from being within 30 days of publication of this available at the Pacific Council office. involved with an Ocean Guardian notice to OIRA_Submission@ Council address: Pacific Council, school. omb.eop.gov or fax to (202) 395–5806. 7700 NE Ambassador Place, Suite 101, Up-to-date socioeconomic data is Portland, OR 97220–1384. Dated: February 9, 2016. needed to support the further FOR FURTHER INFORMATION CONTACT: Ms. Sarah Brabson, development and improvement of Kelly Ames, Pacific Council, (503) 820– Ocean Guardian Schools. These schools NOAA PRA Clearance Officer. 2426. receive funding from the NOAA Office [FR Doc. 2016–02904 Filed 2–11–16; 8:45 am] SUPPLEMENTARY INFORMATION: The of Education and the Office of National BILLING CODE 3510–NK–P purpose of the GMT webinars are to Marine Sanctuaries. Schools may apply prepare for the March and April 2016 for funding up to five years. A number Pacific Council meetings. The GMT may DEPARTMENT OF COMMERCE of schools have continued their Ocean also address other assignments relating Guardian School projects after the five National Oceanic and Atmospheric to groundfish management. No years. From 2010–2015, the total Administration management actions will be decided by funding received by 71 schools was the GMT. Public comment will be $544,315. RIN 0648–XE439 accommodated if time allows, at the Although the costs and sources of discretion of the GMT Chair. The GMT’s Pacific Fishery Management Council; funding are known, there is limited task will be to develop Public Meeting information known about the economic recommendations for consideration by value participants place on this program AGENCY: National Marine Fisheries the Pacific Council at its March 8–14, and the economic value created by these Service (NMFS), National Oceanic and 2016 meeting in Sacramento, CA and its schools and their many activities. Atmospheric Administration (NOAA), April 8–14, 2016 meeting in Vancouver, Currently, there is no information Commerce. WA. available that provides estimates of the ACTION: Notice; public meeting. Although nonemergency issues not value of education programs like Ocean contained in the meeting agenda may be Guardian to parents and teachers. Ocean SUMMARY: The Pacific Fishery discussed, those issues may not be the Guardian Schools receive funding to Management Council’s (Pacific Council) subject of formal action during these develop projects to help protect the Groundfish Management Team (GMT) meetings. Action will be restricted to ocean in the future and promote ocean will hold two webinars that are open to those issues specifically listed in this conservation and stewardship. Projects the public. document and any issues arising after include recycling, beach clean-up days, DATES: The GMT webinars will be held publication of this document that installing rain barrels, installing wildlife on Tuesday, March 1, 2016, from 8:30 require emergency action under section

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305(c) of the Magnuson-Stevens Fishery service listed below are suitable for 8415–01–623–5805—XXL–XXL Conservation and Management Act, procurement by the Federal Government Mandatory Source(s) of Supply: Industries of provided the public has been notified of under 41 U.S.C. 8501–8506 and 41 CFR the Blind, Inc., Greensboro, NC, Mississippi Industries for the Blind, the intent to take final action to address 51–2.4. Jackson, MS, San Antonio Lighthouse for the emergency. Regulatory Flexibility Act Certification the Blind, San Antonio, TX Special Accommodations Mandatory Purchase For: US Army; surge I certify that the following action will requirements as determined by DLA The public listening station is not have a significant impact on a Troop Support that are above and physically accessible to people with substantial number of small entities. beyond those quantities of ACU Coats disabilities. Requests for sign language The major factors considered for this allocated to small business, large interpretation or other auxiliary aids certification were: business, and/or other purchase priority should be directed to Mr. Kris 1. The action will not result in any programs additional reporting, recordkeeping or Contracting Activity: Defense Logistics Kleinschmidt at (503) 820–2425 at least Agency Troop Support, Philadelphia, PA 5 days prior to the meeting date. other compliance requirements for small Distribution: C-List Dated: February 9, 2016. entities other than the small organizations that will furnish the The Committee for Purchase From Tracey L. Thompson, products and service to the Government. People Who Are Blind or Severely Acting Deputy Director, Office of Sustainable 2. The action will result in Disabled (Committee) operates pursuant Fisheries, National Marine Fisheries Service. authorizing small entities to furnish the to statutory and regulatory [FR Doc. 2016–02933 Filed 2–11–16; 8:45 am] products and service to the Government. requirements. Committee regulations BILLING CODE 3510–22–P 3. There are no known regulatory state for a commodity or service to be alternatives which would accomplish suitable for addition to the Procurement the objectives of the Javits-Wagner- List, each of the following criteria must COMMITTEE FOR PURCHASE FROM O’Day Act (41 U.S.C. 8501–8506) in be satisfied: The addition to the PEOPLE WHO ARE BLIND OR connection with the products and Procurement List must demonstrate a SEVERELY DISABLED service proposed for addition to the potential to generate employment of Procurement List. people who are blind or have other Procurement List Additions and severe disabilities; the nonprofit agency Deletions End of Certification proposing to provide the product or Accordingly, the following products service to the Federal Government must AGENCY: Committee for Purchase From and service are added to the be qualified to participate in the People Who Are Blind or Severely Procurement List: AbilityOne program as defined in Disabled. separate Committee regulations; the ACTION: Additions to and deletions from Products nonprofit agency must prove itself the procurement list. Product Name(s)—NSN(s): Coat, Army capable to deliver the product or service Combat Uniform, Permethrin, Unisex, SUMMARY: This action adds products and at the quality standard and delivery OCP 2015 schedule required by the Government; a service to the Procurement List that 8415–01–623–5052—XS–XXS will be furnished by nonprofit agencies and the Committee reviews the level of 8415–01–623–5162—XS–XS impact on the current contractor for the employing persons who are blind or 8415–01–623–5165—XS–S have other severe disabilities, and 8415–01–623–5166—XS–R commodity or service. deletes products from the Procurement 8415–01–623–5169—XS–L Federal Prison Industries (FPI) List previously furnished by such 8415–01–623–5170—XS–XL submitted a comment objecting to the agencies. 8415–01–623–5172—S–XXS proposed addition of the U.S. Army 8415–01–623–5174—S–XS Combat Uniform Coat to the DATES: Effective Date: 3/13/2016. 8415–01–623–5178—S–S Procurement List. FPI asserts in its ADDRESSES: Committee for Purchase 8415–01–623–5180—S–R comments that, for items already listed From People Who Are Blind or Severely 8415–01–623–5182—S–L on FPI’s Schedule of Products like the Disabled, 1401 S. Clark Street, Suite 8415–01–623–5236—S–XL proposed U.S. Army Combat Uniform 715, Arlington, Virginia, 22202–4149. 8415–01–623–5237—M–XXS 8415–01–623–5525—M–XS Coat, a designated central nonprofit FOR FURTHER INFORMATION CONTACT: 8415–01–623–5526—M–S agency of the AbilityOne program must Barry S. Lineback, Telephone: (703) 8415–01–623–5528—M–R seek a waiver of FPI’s purchase priority 603–7740, Fax: (703) 603–0655, or email 8415–01–623–5529—M–L before requesting to add the same [email protected]. 8415–01–623–5534—M–XL product to the Committee’s Procurement SUPPLEMENTARY INFORMATION: 8415–01–623–5537—M–XXL List pursuant to 41 CFR 51–3.3. 8415–01–623–5541—L–XXS Normally, FPI products have a purchase Additions 8415–01–623–5542—L–XS priority over AbilityOne products, as 8415–01–623–5543—L–S On May 8, 2015 (80 FR 26548–26549) 8415–01–623–5552—L–R stated in FAR subparts 8.002, 8.603 and and November 16, 2015 (80 FR 70761– 8415–01–623–5553—L–L 8.704. 70762), the Committee for Purchase 8415–01–623–5554—L–XL However, 10 U.S.C. 2410n and From People Who Are Blind or Severely 8415–01–623–5557—L–XXL DFARS subpart 208.602–70 provide Disabled published notices of proposed 8415–01–623–5740—XL–XXS that, if FPI’s share for the particular additions to the Procurement List. 8415–01–623–5742—XL–XS product is greater than five percent of After consideration of the material 8415–01–623–5789—XL–S the Department of Defense (DOD) presented to it concerning capability of 8415–01–623–5790—XL–R market, then DOD must use competitive 8415–01–623–5793—XL–L qualified nonprofit agencies to provide 8415–01–623–5795—XL–XL and fair opportunity procedures in order the products and service and impact of 8415–01–623–5796—XL–XXL to purchase additional quantities from the additions on the current or most 8415–01–623–5797—XXL–R FPI, permitting FPI to participate in recent contractors, the Committee has 8415–01–623–5801—XXL–L such competitive process which determined that the products and 8415–01–623–5803—XXL–XL establishes that FPI no longer has a

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mandatory priority. The plain reading of setting forth those purchase priorities. outlined in section 2410n while both the statute and FAR provision is Thus, the language in section 2410n ignoring the priorities set forth in the that FPI temporarily loses its mandatory permits DOD to purchase products from JWOD Act 41 U.S.C. 8504, and FAR purchase priority in DOD procurements FPI only when the Secretary conducts a subparts 8.002, 8.603 and 8.704. when FPI provides more than five competitive procurement. Service percent of the particular product market In addition, the basis for both share to the DOD. In February 2015, competitive and fair opportunity Service Type: Furniture Design and DOD published its annual memorandum procurement procedures is the Configuration Service Competition in Contract Act (CICA) (10 Service Is Mandatory For: New Hampshire reporting that FPI’s share of the DOD National Guard, Newington, NH market for special purpose clothing, like U.S.C. 2304 or 41 U.S.C. 3304) and FAR Mandatory Source of Supply: Industries for the U.S. Army Combat Uniform Coat, is Subpart 6. Both 10 U.S.C. 2304(c)(5) and the Blind Inc., West Allis, WI greater than five percent and must be FAR Subpart 6.302–5, the implementing Contracting Activity: United States Property competed in accordance with section regulation, provide that an Agency is and Fiscal Office (USPFO), New 2410n and subpart 208.602–70. Because not required to follow CICA when Hampshire National Guard, Pease ANGB, FPI does not have a purchase priority expressly required by another statute to NH for the U.S. Army Combat Uniform Coat, use different procurement procedures. Deletions then a designated AbilityOne Program The JWOD purchase priority, set forth at central nonprofit agency is not required 41 U.S.C. 8504, is listed in FAR Subpart On January 8, 2016 (81 FR 916–917), to obtain a decision from FPI as to 6.302–5 as an express exception to CICA the Committee for Purchase From whether it will exercise or waive its and full and open competition. While People Who Are Blind or Severely purchase priority before requesting to FPI is precluded by law from exercising Disabled published notice of proposed add a product to the Committee’s its purchase priority for DOD deletions from the Procurement List. Procurement List. Also, regardless of procurements when it already provides After consideration of the relevant whether or not FPI has a particular greater than 5% of the market share for matter presented, the Committee has product purchase priority, no statute or a particular product, competition in determined that the products listed regulation prevents the simultaneous accordance with the Competition in below are no longer suitable for listing of the identical product on the Contracting Act does not apply because procurement by the Federal Government Committee’s Procurement List. the JWOD purchase priority is under 41 U.S.C. 8501–8506 and 41 CFR In fact, the FAR subparts 8.603 and applicable. The JWOD Act states: 51–2.4. 8.704 contemplate a purchasing priority § 8504. Procurement Requirements for Regulatory Flexibility Act Certification ‘‘when identical supplies or services are the Federal Government on the Procurement List and the I certify that the following action will Schedule of Products issued by the (a) In General.—An entity of the not have a significant impact on a Federal Prison Industries, Inc.’’ For this Federal Government intending to substantial number of small entities. particular product, FPI has lost its procure a product or service on the The major factors considered for this priority by operation of law, but the procurement list referred to in section certification were: AbilityOne priority remains effective. 8503 of this title shall procure the 1. The action will not result in Section 827 of National Defense product or service from a qualified additional reporting, recordkeeping or Authorization Act for Fiscal Year 2008 nonprofit agency for the blind or a other compliance requirements for small (NDAA for FY2008, now 10 U.S.C. qualified nonprofit agency for other entities. 2410n) and supplemental Defense severely disabled in accordance with 2. The action may result in Federal Acquisition Regulation regulations of the Committee and at the authorizing small entities to furnish the 208.602–70 do not apply to the Javits- price the Committee establishes if the products to the Government. Wagner-O’Day (JWOD) Act purchase product or service is available within 3. There are no known regulatory priority established in 41 U.S.C. 8504 the period required by the entity. alternatives which would accomplish and implemented in FAR subpart 8.7. (b) Exception.—This section does not the objectives of the Javits-Wagner- As preset forth at 10 U.S.C. 2410n, if FPI apply to the procurement of a product O’Day Act (41 U.S.C. 8501–8506) in provides a significant market share of a that is available from an industry connection with the products deleted particular product to DOD, then, by established under chapter 307 of title 18 from the Procurement List. statute, DOD procurement activities may and that is required under section 4124 End of Certification purchase a product listed in the latest of title 18 to be procured from that Accordingly, the following products edition of the Federal Prison Industries industry. catalog for which Federal Prison Pursuant to section 8504, an are deleted from the Procurement List: Industries has a significant market share exception to the JWOD priority exists Products [defined as greater than 5%] only if the for procurement of a ‘‘product that is NSN(s)—Product Name(s): Secretary uses competitive procedures available’’ from FPI. When an FPI 7510–01–600–8033—Dated 2015 18-month for the procurement or the product or product reaches the market share of Paper Wall Planner, 24″ x 37″ makes an individual purchase under a sales specified in section 2410n the 7510–01–600–8044—Dated 2015 12-Month multiple award contract in accordance product is no longer available from FPI 2-Sided Laminated Wall Planner, 24″ x ″ with the competition requirements on a priority basis pursuant to 18 U.S.C. 37 applicable to such contract. In 4124. Mandatory Source(s) of Supply: The Chicago Therefore, if the same product is Lighthouse for People Who Are Blind or conducting such a competition, the Visually Impaired, Chicago, IL Secretary shall consider a timely offer listed on the Procurement List, then Contracting Activity: General Services from Federal Prison Industries. Federal agencies must purchase from Administration, FSS Household and See 10 U.S.C. 2410n (emphasis the designated nonprofit agencies Industrial Furniture, Arlington, VA added). That language does not direct or (assuming nonprofits are able to deliver NSN(s)—Product Name(s): permit the Secretary—either expressly the substantially same product in the 7510–01–600–7560—Monthly Wall or implicitly—to bypass the purchase delivery window required), and cannot Calendar, Dated 2015, Jan–Dec, 81⁄2″ x priorities stated in the FAR subparts elect to pursue the competitive process 11″

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7530–01–600–7569—Daily Desk Planner, on the current or most recent the expiring contract, since May 2015 Dated 2015, Wire bound, Non-refillable, contractors, the Committee has and determined that no severe adverse Black Cover determined that the service listed below impact exists. The Committee also 7510–01–600–7574—Wall Calendar, Dated is suitable for procurement by the published a notice of proposed 2015, Wire Bound w/Hanger, 12″ x 17″ 7530–01–600–7603—Monthly Desk Federal Government under 41 U.S.C. Procurement List addition in the Planner, Dated 2015, Wire Bound, Non- 8501–8506 and 41 CFR 51–2.4. Federal Register on December 18, 2015, and did not receive any comments from refillable, Black Cover Regulatory Flexibility Act Certification 7530–01–600–7613—Weekly Desk Planner, any interested persons, including from Dated 2015, Wire Bound, Non-refillable, I certify that the following action will the incumbent contractor. This addition Black Cover not have a significant impact on a will not create a public hardship and 7530–01–600–7628—Weekly Planner substantial number of small entities. ″ ″ has limited effect on the public at large, Book, Dated 2015, 5 x 8 The major factors considered for this but rather will create new jobs for other 7510–01–600–7631—Wall Calendar, Dated certification were: 2015, Wire Bound w/hanger, 15.5″ x 22″ affected parties—people with severe Mandatory Source(s) of Supply: The Chicago 1. The action will not result in any disabilities in the AbilityOne program Lighthouse for People Who Are Blind or additional reporting, recordkeeping or who otherwise face challenges locating Visually Impaired, Chicago, IL other compliance requirements for small employment and will enable Federal Contracting Activity: General Services entities other than the small customer operations to continue Administration, New York, NY organizations that will provide the without interruption. NSN(s)—Product Name(s): 4240–00–803– service to the Government. 5839—Bag, Waterproof 2. The action will result in Barry S. Lineback, Mandatory Source(s) of Supply: Winston- authorizing small entities to provide the Director, Business Operations. Salem Industries for the Blind, Inc., service to the Government. [FR Doc. 2016–02941 Filed 2–11–16; 8:45 am] Winston-Salem, NC 3. There are no known regulatory BILLING CODE 6353–01–P Contracting Activity: W40M Northern Region alternatives which would accomplish Contract Office, Fort Belvoir, VA the objectives of the Javits-Wagner- Barry S. Lineback, O’Day Act (41 U.S.C. 8501–8506) in COMMITTEE FOR PURCHASE FROM Director, Business Operations. connection with the service proposed PEOPLE WHO ARE BLIND OR [FR Doc. 2016–02940 Filed 2–11–16; 8:45 am] for addition to the Procurement List. SEVERELY DISABLED BILLING CODE 6353–01–P End of Certification Procurement List, Proposed Additions Accordingly, the following service is And Deletion COMMITTEE FOR PURCHASE FROM added to the Procurement List: AGENCY: Committee for Purchase From PEOPLE WHO ARE BLIND OR Service People Who Are Blind or Severely SEVERELY DISABLED Service Type: Help Desk Support Service Disabled. ACTION: Proposed Additions to and Procurement List Addition Service is Mandatory For: U.S. Army, Army Training Support Center, Combined Deletion from the Procurement List. AGENCY: Committee for Purchase From Arms Center for Training, 3306 Wilson SUMMARY: People Who Are Blind or Severely Avenue, Joint Base Langley-Eustis, VA The Committee is proposing Disabled. Mandatory Source(s) of Supply: to add products to the Procurement List ServiceSource, Inc., Alexandria, VA, that will be furnished by nonprofit ACTION: Addition to the procurement Orion Career Works, Auburn, WA agencies employing persons who are list. Contracting Activity: Dept of the Army, blind or have other severe disabilities, W6QM MICC–FDO Ft Eustis, Fort Eustis, and deletes a product previously SUMMARY: This action adds a service to VA the Procurement List that will be furnished by such agency. provided by nonprofit agencies Additional Information DATES: Comments Must Be Received On employing persons who are blind or The Committee finds good cause to Or Before: 3/13/2016. have other severe disabilities. dispense with the 30-day delay in the ADDRESSES: Committee for Purchase DATES: Effective Date: 2/29/2016. effective date normally required by the From People Who Are Blind or Severely ADDRESSES: Committee for Purchase Administrative Procedure Act. 5 U.S.C. Disabled, 1401 S. Clark Street, Suite From People Who Are Blind or Severely 553(d). This addition to the Committee’s 715, Arlington, Virginia 22202–4149. Disabled, 1401 S. Clark Street, Suite Procurement List is a reaction to the For Further Information or To Submit 715, Arlington, Virginia, 22202–4149. expiration of the U.S. Army help desk Comments Contact: Barry S. Lineback, FOR FURTHER INFORMATION CONTACT: support services contract. The Federal Telephone: (703) 603–7740, Fax: (703) Barry S. Lineback, Telephone: (703) customer contacted, and has worked 603–0655, or email CMTEFedReg@ 603–7740, Fax: (703) 603–0655, or email with the AbilityOne Program since AbilityOne.gov. [email protected]. April 2015 to fulfill this service need SUPPLEMENTARY INFORMATION: This SUPPLEMENTARY INFORMATION: under the AbilityOne Program. To avoid notice is published pursuant to 41 performance disruption, and the U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its Addition possibility that the U.S. Army will have purpose is to provide interested persons On December 18, 2015 (80 FR 79031– no viable alternative but to procure this an opportunity to submit comments on 79032), the Committee for Purchase service, this addition must be effective the proposed actions. From People Who Are Blind or Severely on February 29, 2016, ensuring timely Disabled published notice of proposed execution for a March 1, 2016, start date Additions additions to the Procurement List. while still allowing 18 days for If the Committee approves the After consideration of the material comment. Pursuant to its own proposed additions, the entities of the presented to it concerning capability of regulation 41 CFR 51–2.4, the Federal Government identified in this qualified nonprofit agencies to furnish Committee has been in contact with one notice will be required to procure the the service and impact of the additions of the affected parties, the incumbent of products listed below from nonprofit

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agencies employing persons who are 6650–00–NIB–0031—Complete Eyeglass Mandatory Source(s) of Supply: Winston- blind or have other severe disabilities. Polycarb Progressives, clr Salem Industries for the Blind, Inc., The following products are proposed 6650–00–NIB–0032—Lenses Only, 1 pair Winston-Salem, NC for addition to the Procurement List for CR–39 Single Vision, plastic, clr Mandatory Purchase For: Department of 6650–00–NIB–0033—Lenses Only, 1 pair production by the nonprofit agencies Veterans Affairs, Veterans Integrated CR–39 Flat Top 28 Bifocal, clr Service Network (VISN) 6 Medical listed: 6650–00–NIB–0034—Lenses Only, 1 pair Centers; Community Based Outpatient Products CR–39 Flat Top 35 Bifocal, clr Clinics (CBOCs); and Health Care 6650–00–NIB–0035—Lenses Only, 1 pair Centers that provide optical services NSN(s)—Product Name(s): MR 874—Potato CR–39 Round 25 & 28, clr Masher; MR 867—Cup, Measuring, Contracting Activity: Department of Veterans 6650–00–NIB–0036—Lenses Only, 1 pair Angled Affairs, Veterans Integrated Service CR–39 Flat Top 7 x 28, clr Mandatory Source(s) of Supply: Cincinnati Network (VISN) 6 6650–00–NIB–0037—Lenses Only, 1 pair Association for the Blind, Cincinnati, OH Distribution: C-List CR–39 Flat Top 8 x 35, clr Mandatory Purchase For: Military 6650–00–NIB–0038—Lenses Only, 1 pair Deletion commissaries and exchanges in CR–39 Progressives, clr accordance with the Code of Federal The following product is proposed for 6650–00–NIB–0039—Lenses Only, 1 pair Regulations, Chapter 51, 51–6.4. deletion from the Procurement List: CR–39 SV Aspheric Lentic. Contracting Activity: Defense Commissary Product Agency 6650–00–NIB–0040—Lenses Only, 1 pair Distribution: C-List CR–39 Flat Top/Round Asph Len NSN(s)—Product Name(s): 7520–00–224– 6650–00–NIB–0041—Lenses Only, 1 pair 7238—Desk Blotter Pad, 191⁄4″ x 241⁄4″, NSN(s)—Product Name(s): 4330–01–398– CR–39 Exec. Bifocal, clr Buff 8484—Filter Element, Fluid 6650–00–NIB–0042—Lenses Only, 1 pair Mandatory Source(s) of Supply: Life’sWork of Mandatory Source(s) of Supply: Crossroads Glass Single Vision, clr Western PA Rehabilitation Center, Inc., Indianapolis, 6650–00–NIB–0043—Lenses Only, 1 pair Contracting Activity: General Services IN Glass Flat Top 28 Bifocal, clr Administration Mandatory Purchase For: 100% of the 6650–00–NIB–0044—Lenses Only, 1 pair requirement of the Department of Glass Flat Top 35 Bifocal, clr Barry S. Lineback, Defense 6650–00–NIB–0045—Lenses Only, 1 pair Director, Business Operations. Contracting Activity: Defense Logistics Agency Land and Maritime Glass Flat Top 7 x 28, trifoc, clr [FR Doc. 2016–02943 Filed 2–11–16; 8:45 am] 6650–00–NIB–0046—Lenses Only, 1 pair Distribution: C-List BILLING CODE 6353–01–P Glass Flat Top 8 x 35, trifoc, clr NSN(s)—Product Name(s): 6650–00–NIB–0047—Lenses Only, 1 pair 6650–00–NIB–0009—Complete Eyeglass Glass Progressives, clr CR–39 Single Vision, plastic, clr 6650–00–NIB–0048—Lenses Only, 1 pair CONSUMER PRODUCT SAFETY 6650–00–NIB–0010—Complete Eyeglass Glass Executive Bifocal, clr COMMISSION CR–39 Flat Top 28 Bifocal, clr 6650–00–NIB–0049—Lenses Only, 1 pair 6650–00–NIB–0011—Complete Eyeglass [Docket No. CPSC–2012–0026] Polycarb SV = Single Vision, clr CR–39 Flat Top 35 Bifocal, clr 6650–00–NIB–0050—Lenses Only, 1 pair 6650–00–NIB–0012—Complete Eyeglass Agency Information Collection CR–39 Round 25 & 28, clr Polycarb Flat Top 28, clr 6650–00–NIB–0051—Lenses Only, 1 pair Activities; Proposed Collection; 6650–00–NIB–0013—Complete Eyeglass Comment Request; Requirements CR–39 Flat Top 7 x 28, clr Polycarb Flat Top 35 clr 6650–00–NIB–0052—Lenses Only, 1 pair Pertaining to Third Party Conformity 6650–00–NIB–0014—Complete Eyeglass Assessment Bodies CR–39 Flat Top 8 x 35, clr Polycarb Flat Top 7 x 28, clr 6650–00–NIB–0015—Complete Eyeglass 6650–00–NIB–0053—Lenses Only, 1 pair Polycarb Flat Top 8 x 35, clr AGENCY: Consumer Product Safety CR–39 Progressives, clr Commission. 6650–00–NIB–0016—Complete Eyeglass 6650–00–NIB–0054—Lenses Only, 1 pair CR–39 SV Aspheric Lentic. Polycarb Progressives, clr ACTION: Notice. 6650–00–NIB–0017—Complete Eyeglass 6650–00–NIB–0055—Photochr/Transition, CR–39 Flat Top-Round Asph Len CR–39 SV or MF (MF = Multi-focal) SUMMARY: As required by the Paperwork 6650–00–NIB–0018—Complete Eyeglass 6650–00–NIB–0056—Photochr-transition Reduction Act of 1995 (44 U.S.C. CR–39 Exec. Bifocal, clr Polycarb SV or MF Chapter 35), the Consumer Product 6650–00–NIB–0019—Complete Eyeglass 6650–00–NIB–0057—Photogrey Glass SV Safety Commission (‘‘CPSC’’ or Glass Single Vision, clr or MF ‘‘Commission’’) requests comments on a 6650–00–NIB–0020—Complete Eyeglass 6650–00–NIB–0058—Hi Index Transitions CR–39 SV or MF proposed extension of approval of a Glass Flat Top 28 Bifocal, clr collection of information under the 6650–00–NIB–0021—Complete Eyeglass 6650–00–NIB–0059—Anti-refl. Coating Glass Flat Top 35 Bifocal, clr CR–39—PC SV or MF requirements pertaining to third party 6650–00–NIB–0022—Complete Eyeglass 6650–00–NIB–0060—UV coating CR39 conformity assessment bodies, approved Glass Flat Top 7 x 28, trifoc, clr 6650–00–NIB–0061—Polariz. Lens CR–39 previously under OMB Control No. 6650–00–NIB–0023—Complete Eyeglass SV or MF 3041–0156. The Commission will Glass Flat Top 8 x 35, trifoc, clr 6650–00–NIB–0062—Slab-off CR–39 SV or consider all comments received in 6650–00–NIB–0024—Complete Eyeglass MF response to this notice before requesting Glass Progressives, clr 6650–00–NIB–0063—Hi Index High Index an extension of this collection of SV or MF 6650–00–NIB–0025—Complete Eyeglass information from the Office of Glass Executive Bifocal, clr 6650–00–NIB–0064—Prism CR–39 or PC 6650–00–NIB–0026—Complete Eyeglass 6650–00–NIB–0065—Diopter CR–39 + or Management and Budget (‘‘OMB’’). Polycarb SV = Single Vision, clr ¥ 9.0 DATES: Submit written or electronic 6650–00–NIB–0027—Complete Eyeglass 6650–00–NIB–0066—Roll/polish edge CR– comments on the collection of Polycarb Flat Top 28, clr 39, PC SV or MF information by April 12, 2016. 6650–00–NIB–0028—Complete Eyeglass 6650–00–NIB–0067—Hyper3 drop SV, MF ADDRESSES: Polycarb Flat Top 35, clr CR–39 SV or MF You may submit comments, 6650–00–NIB–0029—Complete Eyeglass 6650–00–NIB–0068—Add Powers over 4.0 identified by Docket No. CPSC–2012– Polycarb Flat Top 7 x 28, clr CR–39 MF Only 0026, by any of the following methods: 6650–00–NIB–0030—Complete Eyeglass 6650–00–NIB–0069—Frame Only Plastic or Electronic Submissions: Submit Polycarb Flat Top 8 x 35, clr Metal electronic comments to the Federal

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eRulemaking Portal at: http:// initial application materials, with an recordkeeping associated with the www.regulations.gov. Follow the estimated burden of 50 hours per year. Requirements Pertaining to Third Party instructions for submitting comments. Æ We estimate approximately 3 Conformity Assessment Bodies is The Commission does not accept firewalled third party conformity approximately $318,927 (8,224 hours × comments submitted by electronic mail assessment bodies will apply per year, $38.78 = $318,927). (email), except through taking an estimated 8.4 hours to General Description of Collection: On www.regulations.gov. The Commission complete the initial application March 12, 2013, the Commission issued encourages you to submit electronic materials, with an estimated burden of a rule Pertaining to Third Party comments by using the Federal 25.2 hours per year. Conformity Assessment Bodies (78 FR eRulemaking Portal, as described above. Æ We estimate approximately 4 15836). The rule established the general Written Submissions: Submit written governmental third party conformity requirements concerning third party submissions by mail/hand delivery/ assessment bodies will apply per year, conformity assessment bodies, such as courier to: Office of the Secretary, taking an estimated 3 hours to complete the requirements and procedures for Consumer Product Safety Commission, the initial application materials, with an CPSC acceptance of the accreditation of Room 820, 4330 East West Highway, estimated burden of 12 hours per year. a third party conformity assessment • Bethesda, MD 20814; telephone (301) Third party conformity assessment body, and prescribed adverse actions 504–7923. bodies updating information. that may be imposed against CPSC- Æ Instructions: All submissions received We estimate that approximately 5 accepted third party conformity must include the agency name and third party conformity assessment assessment bodies. The rule also docket number for this notice. All bodies will take 15 minutes to update amended the audit requirements for comments received may be posted information for only those elements of third party conformity assessment without change, including any personal information that need updating, with an bodies and amends the Commission’s estimated burden of 1.35 hours per year. regulation on inspections. identifiers, contact information, or other • personal information provided, to: Third party conformity assessment bodies that subcontracts out tests. Request for Comments http://www.regulations.gov. Do not Æ submit confidential business We estimate that approximately 27 The Commission solicits written information, trade secret information, or third party conformity assessment comments from all interested persons other sensitive or protected information bodies will take 7 minutes to comply about the proposed collection of that you do not want to be available to with the subcontracting recordkeeping information. The Commission the public. If furnished at all, such requirement for an estimated 68,769 specifically solicits information relevant information should be submitted in subcontract test, with an estimated of to the following topics: writing. approximately 8,023 hours per year. —Whether the collection of information • Third party conformity assessment described above is necessary for the Docket: For access to the docket to bodies that voluntarily withdraw. proper performance of the read background documents or Æ We estimate approximately 8 third Commission’s functions, including comments received, go to: http:// party conformity assessment bodies will whether the information would have www.regulations.gov, and insert the withdraw yearly, taking an estimated 30 practical utility; docket number CPSC–2012–0026, into minutes to create and submit the —Whether the estimated burden of the the ‘‘Search’’ box, and follow the required documentation, with an proposed collection of information is prompts. estimated burden of 4 hours per year. accurate; FOR FURTHER INFORMATION CONTACT: • Third party conformity assessment —Whether the quality, utility, and Robert H. Squibb, Consumer Product bodies that are audited. clarity of the information to be Safety Commission, 4330 East West Æ We estimate that approximately 228 collected could be enhanced; and Highway, Bethesda, MD 20814; (301) independent third party conformity —Whether the burden imposed by the 504–7815, or by email to: rsquibb@ assessment bodies each year will be collection of information could be cpsc.gov. audited, taking approximately 4 minutes minimized by use of automated, to resubmit their Form 223 and electronic or other technological SUPPLEMENTARY INFORMATION: CPSC accreditation certificate, with an collection techniques, or other forms seeks to renew the following currently estimated burden of 15.2 hours per year. of information technology. approved collection of information: Æ We estimate that approximately 18 Dated: February 9, 2016. Title: Requirements Pertaining to firewalled third party conformity Todd A. Stevenson, Third Party Conformity Assessment assessment bodies will spend 226 Bodies. minutes collecting and preparing the Secretary, Consumer Product Safety Commission. OMB Number: 3041–0156. documentation to submit for an audit, Type of Review: Renewal of with estimated burden of about 68 hours [FR Doc. 2016–02939 Filed 2–11–16; 8:45 am] collection. per year. BILLING CODE 6355–01–P Frequency of Response: On occasion. Æ We estimate approximately 25 Affected Public: Third party governmental third party conformity conformity assessment bodies seeking assessment bodies will spend 1 hour CORPORATION FOR NATIONAL AND acceptance of accreditation or collecting and preparing the COMMUNITY SERVICE continuing accreditation. documentation to submit for an audit, Estimated Burden: with estimated burden of 25 hours per Proposed Information Collection; • New Applications from Third Party year. Comment Request • Conformity Assessment Bodies. Total Annual Burden. AGENCY: CNCS. Æ We estimate approximately 40 new Adding all of the annual estimated ACTION: Notice. applications from independent third burden hours results in a total of 8,224 party conformity assessment bodies will hours for third party conformity SUMMARY: The Corporation for National be submitted per year, taking an assessment bodies per year. At $38.78 and Community Service (CNCS), as part estimated 75 minutes to complete the per hour, the total cost of the of its continuing effort to reduce

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paperwork and respondent burden, between 8:00 a.m. and 8:00 p.m. Eastern current post-secondary educational conducts a pre-clearance consultation Time, Monday through Friday. expenses. The National Service Trust program to provide the general public FOR FURTHER INFORMATION CONTACT: Voucher and Payment Request Form/ and federal agencies with an Nahid Jarrett, 202–606–6753, or by National Service Trust Manual Payment opportunity to comment on proposed email at [email protected]. Request Form is the document that a and/or continuing collections of SUPPLEMENTARY INFORMATION: CNCS is member uses to access his or her information in accordance with the particularly interested in comments account in the National Service Trust. Paperwork Reduction Act of 1995 that: The information collection will (PRA95) (44 U.S.C. Sec. 3506(c)(2)(A)). • Evaluate whether the proposed otherwise be used in the same manner This program helps to ensure that collection of information is necessary as the existing application. CNCS also requested data can be provided in the for the proper performance of the seeks to continue using the current desired format, reporting burden (time functions of CNCS, including whether application until the revised application and financial resources) is minimized, the information will have practical is approved by OMB. The current collection instruments are clearly utility; application is due to expire on 03/31/ understood, and the impact of collection • Evaluate the accuracy of the 2016. requirements on respondents can be agency’s estimate of the burden of the Type of Review: Renewal. properly assessed. proposed collection of information, Agency: CNCS. Currently, CNCS is soliciting including the validity of the Title: National Service Trust Voucher comments concerning its proposed methodology and assumptions used; and Payment Request Form/National renewal of the National Service Trust • Enhance the quality, utility, and Service Trust Manual Payment Request Voucher and Payment Request Form/ clarity of the information to be Form. OMB Number: 3045–0014. National Service Trust Manual Payment collected; and Agency Number: None. Request Form (OMB #3045–0014); • Minimize the burden of the Affected Public: Individuals using a which is used to make payments to collection of information on those who Segal AmeriCorps Education Award, repay qualified student loans and to pay are expected to respond, including the authorized school officials and qualified for the cost of attending eligible post- use of appropriate automated, loan servicers. secondary educational institutions and electronic, mechanical, or other Total Respondents: 162,000. approved School-to-Work programs. technological collection techniques or Frequency: One or more per education Prior to making the payments, CNCS other forms of information technology award. will review information from the forms (e.g., permitting electronic submissions Average Time per Response: Averages and compare it to information taken of responses). from the AmeriCorps members’ 5 minutes. education award account(s) to ensure Background Estimated Total Burden Hours: that the payments meet the CNCS supports programs that provide 13,500. requirements of the law. This opportunities for individuals who want Total Burden Cost (capital/startup): information collection is not required to to become involved in national service. None. be considered for obtaining grant The service opportunities cover a wide Total Burden Cost (operating/ funding support. range of activities over varying periods maintenance): None. Copies of the information collection of time. Upon successfully completing Comments submitted in response to request can be obtained by contacting an agreed-upon term of service in an this notice will be summarized and/or the office listed in the ADDRESSES approved AmeriCorps program, an included in the request for Office of section of this Notice. AmeriCorps member receives an Management and Budget approval of the DATES: Written comments must be education award. information collection request; they will submitted to the individual and office The National Service Trust is the also become a matter of public record. listed in the ADDRESSES section by April office within CNCS that administers the Dated: February 5, 2016. 12, 2016. education award program. This involves Maggie Taylor-Coates, ADDRESSES: You may submit comments, tracking the service for all AmeriCorps Chief of Trust Operations. identified by the title of the information members, ensuring that certain [FR Doc. 2016–02861 Filed 2–11–16; 8:45 am] collection activity, by any of the requirements of CNCS enabling BILLING CODE 6050–28–P following methods: legislation are met, and processing (1) By mail sent to: Corporation for school and loan payments that the National and Community Service, members authorize both manually and DEPARTMENT OF DEFENSE National Service Trust; Attention: Nahid electronically through the Jarrett, Trust Officer, 250 E Street SW., MyAmeriCorps portal. With this form Office of the Secretary Suite 300, Washington, DC, 20525. AmeriCorps members request Segal (2) By hand delivery or by courier to Education Award payments, schools [Transmittal No. 16–05] the CNCS mailroom at the mail address and lenders certify their eligibility, and 36(b)(1) Arms Sales Notification given in paragraph (1) above, between both parties certify certain legal 9:00 a.m. and 4:00 p.m. Eastern Time, requirements. AGENCY: Defense Security Cooperation Monday through Friday, except Federal Agency, DoD. Current Action holidays. ACTION: Notice. (3) By fax to: 202–606–3484, CNCS seeks to renew the current Attention: Nahid Jarrett. information collection request. SUMMARY: The Department of Defense is (4) Electronically through After an AmeriCorps member publishing the unclassified text of a www.regulations.gov. completes a period of national service, section 36(b)(1) arms sales notification. Individuals who use a the individual receives an education This is published to fulfill the telecommunications device for the deaf award that can be used to pay against requirements of section 155 of Public (TTY–TDD) may call 1–800–833–3722 qualified student loans or pay for Law 104–164 dated July 21, 1996.

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FOR FURTHER INFORMATION CONTACT: The following is a copy of a letter to Dated: February 9, 2016. Sarah A. Ragan or Heather N. Harwell, the Speaker of the House of Aaron Siegel, DSCA/LMO, (703) 604–1546/(703) 607– Representatives, Transmittal 16–05 with Alternate OSD Federal Register Liaison 5339. attached Policy Justification and Officer, Department of Defense. Sensitivity of Technology. BILLING CODE 5001–06–P

DEFENSE

Dear Mr.

Pursuant to

the Cultural

$416 million. to

Enclosures: I. Transmittal

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BILLING CODE 5001–06–C MOD 0 Armor Piercing Discarding configurations as well as procuring Transmittal No. 16–05 Sabots (APDS) thirteen (13) additional systems, all of Also included in this possible sale which will have an end configuration of Notice of Proposed Issuance of Letter of are: 20mm dummy rounds; spares to Block 1B Baseline 2 configuration. The Offer Pursuant to Section 36(b)(1) of the support the installation, maintenance main characteristics of the MK 15 Arms Export Control Act and operation of the MK 15 Phalanx Phalanx Block l B Baseline 2 CIWS Gun (i) Prospective Purchaser: Taipei Block 1B Baseline 2 systems; classified are: Economic and Cultural Representative and unclassified publications; software; a. A Radar Upgrade that provides Office in the United States (TECRO) training; technical assistance; increased sensitivity on sea-skimming (ii) Total Estimated Value: installations; other technical assistance; threats and improved low-observable Major Defense Equipment* $333 million and logistical support. The estimated performance. Other ...... $ 83 million cost is $416 million. b. A stabilized thermal imager and an This sale is consistent with United automatic acquisition video tracker that Total ...... $416 million States law and policy as expressed in were introduced with the Block 1B (iii) Description and Quantity or Public Law 96–8. Baseline 0 configuration. These Quantities of Articles or Services under This proposed sale serves U.S. components provide the capability to Consideration for Purchase: national, economic, and security engage small, high speed, maneuvering Major Defense Equipment (MDE) interests by supporting the recipient’s surface craft and low, slow aircraft and includes: continuing efforts to modernize its helicopters. The thermal imager also Thirteen (13) MK 15 Phalanx Block lB armed forces and enhance its defensive improves performance against Anti-Ship Baseline 2 Close-in Weapons System capability. The proposed sale will help Cruise Missiles by carrying out more (CIWS) Guns improve the security of the recipient accurate angle tracking information to Eight (8) CIWS Block 1 Baseline 0 to and assist in maintaining political the fire control computer. Purchaser has Block 1B Baseline 2 upgrade kits stability, military balance, and already been provided this capability Two-hundred and sixty thousand economic progress in the region. with the Block 1B Baseline 0 previously (260,000) Rounds of 20mm MK 244 The proposed sale will improve the procured via an FMS case. MOD 0 Armor-Piercing Discarding recipient’s capability in current and c. The Optimized Gun Barrel that was Sabots (APDS) future defensive efforts. The recipient also introduced with the Block l B Non -MDE includes: will use the enhanced capability as a Baseline 0 and provides improved 20mm dummy rounds; spares to deterrent to regional threats and to dispersion performance of the support the installation, maintenance strengthen homeland defense. The ammunition when the system is fired. and operation of the MK 15 Phalanx recipient will have no difficulty This gun barrel also permits use of the Block l B Baseline 2 systems; classified absorbing this equipment into its armed MK 244 ammunition, an enhanced and unclassified publications; software; forces. lethal cartridge capable of penetrating training; technical assistance; The proposed sale of this equipment harder warheads in use today. Purchaser installations; other technical assistance; and support will not alter the basic has already been provided this and logistical support. military balance in the region. capability with the Block l B Baseline 0 (iv) Military Department: NAVY The prime contractor will be previously procured via an FMS case. (LHO) Raytheon Missile Systems Company in 2. Although the MK 15 Phalanx Block (v) Prior related cases, if any: Tucson, Arizona. The purchaser has 1B Baseline 2 CIWS Gun is considered TW–P–LFF, TW–P–LDA; P&A TW– requested an offset of forty percent. At state-of-the-art technology, there is no PLHO, $320.2M, 10 October 2014. this time, agreements are undetermined Critical Program Information associated (vi) Sales Commission, Fee, etc., Paid, and will be defined in negotiations with the MK 15 Phalanx CIWS Offered. or Agreed to be Paid: None between the purchaser and contractor. hardware, technical documentation, or (vii) Sensitivity to Technology Implementation of this proposed sale software. The highest classification of Contained in the Defense Article or should not require the permanent the hardware to be exported is Defense Services Proposed to be Sold: assignment of additional U.S. UNCLASSIFIED. The highest See Attached Annex. Government or contractor classification of the technical (viii) Date Report delivered to representatives outside the United documentation to be exported is Congress: 16 December 2015 States. CONFIDENTIAL; there is only one *as defined in Section 47(6) of the There will be no adverse impact on CONFIDENTIAL technical manual that Arms Export Control Act. U.S. defense readiness as a result of this will be exported, which is required for POLICY JUSTIFICATION proposed sale. the operation of the MK 15 Phalanx CIWS. The highest classification of Transmittal No. 16–05 Taipei Economic and Cultural software to be exported is Representative Office in the United Notice of Proposed Issuance of Letter of UNCLASSIFIED. The MK 15 Phalanx States (TECRO)—MK 15 Phalanx Block Offer Pursuant to Section 36(b)(1) of the CIWS meets Anti-Tampering 1B Baseline 2 CIWS Guns, Upgrade Kits, Arms Export Control Act requirements. Only Organizational- Ammunition, and Support Annex Level and Intermediate-Level The Taipei Economic and Cultural maintenance capability will be Representative Office in the United Item No. vii exported. The Maintenance Plan for the States has requested a possible sale of: (vii) Sensitivity of Technology: MK 15 CIWS limits Intermediate-Level Thirteen (13) MK 15 Phalanx Block 1. Purchaser currently has forty-two maintenance to the system’s Gun and 1B Baseline 2 Close-in Weapons System (42) MK 15 Phalanx Close-In Weapon Ammunition Handling System. (CIWS) Guns Systems (CIWS) Guns of various 3. A determination has been made Eight (8) CIWS Block 1 Baseline 0 to configurations, including Block 0, Block that the recipient country can provide Block lB Baseline 2 upgrade kits 1 (Baselines 0, 1 and 2), Block 1A, and the same degree of protection for the Two-hundred and sixty thousand Block 1B Baseline 0. Purchaser will be sensitive technology being released as (260,000) Rounds of 20mm MK 244 upgrading eight (8) of its lower the U.S. Government. This sale is

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necessary in furtherance of the U.S. DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: foreign policy and national security Sarah A. Ragan or Heather N. Harwell, objectives outlined in the Policy Office of the Secretary DSCA/LMO, (703) 604–1546/(703) 607– Justification. [Transmittal No. 16–06] 5339. 4. All defense articles and services The following is a copy of a letter to listed in this transmittal have been 36(b)(1) Arms Sales Notification the Speaker of the House of authorized for release and export to the AGENCY: Defense Security Cooperation Representatives, Transmittal 16–06 with recipient. Agency, Department of Defense. attached Policy Justification and [FR Doc. 2016–02905 Filed 2–11–16; 8:45 am] ACTION: Notice. Sensitivity of Technology. BILLING CODE 5001–06–P Dated: February 8, 2016. SUMMARY: The Department of Defense is publishing the unclassified text of a Aaron Siegel, section 36(b)(1) arms sales notification. Alternate OSD Federal Register Liaison This is published to fulfill the Officer, Department of Defense. requirements of section 155 of Public BILLING CODE 5001–06–P Law 104–164 dated July 21, 1996.

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BILLING CODE 5001–06–C (iii) Description and Quantity or Seventy (70) Medium Thermal Weapon Transmittal No. 16–06 Quantities of Articles or Services under Sights (MTWS) Consideration for Purchase: Notice of Proposed Issuance of Letter of Forty-two (42) Tracking Head Trainers Offer Pursuant to Section 36(b)(1) of the Major Defense Equipment (MDE) (THTs) Arms Export Control Act, as amended includes: Four (4) Sierra Coolant Recharging Units Two-hundred and fifty (250) Block I (CRUs) (i) Prospective Purchaser: Taipei -92F MANPAD Stinger Missiles One (1) Missile Go/No Go Test Set Economic and Cultural Representative Four (4) Block I -92F MANPAD Stinger Office in the United States Four (4) each MQM–170 Outlaw Target Fly-to-Buy Missiles Drones (ii) Total Estimated Value: One (1) Captive Flight Trainer (CFT) Sixty-two (62) Identification Friend or Major Defense Equipment * $203,814,738 Forty-two (42) Field Handling Trainers Foe (IFF), IFF Development Other ...... $ 13,033,848 (FHTs) One (1) Stinger Troop Proficiency Total ...... $216,848,586 Seventy (70) Gripstock Control Groups Trainer (STPT)

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Non-MDE items included are This sale is consistent with United tracking head trainer contain highly Integrated Electronic Technical Manuals States law and policy as expressed in sensitive technology and are classified (IETMs), Government-Furnished Public Law 96–8. CONFIDENTIAL. Missile System Equipment, spare and repair parts, This proposed sale serves U.S. hardware components contain sensitive Telemeters, Range and Test Support, national, economic, and security critical technologies. Stinger Block I contractor technical support, contractor interests by supporting the recipient’s critical technology is primarily in the training, contractor engineering continuing efforts to modernize its area of design and production know- services, and contractor logistics armed forces and enhance its defensive how and not end-items. This sensitive services. Also included are capability. The proposed sale will help critical technology is inherent in the consolidation, Total Package Fielding, improve the security of the recipient hybrid microcircuit assemblies; micro- Material Fielding Team, Field Service and assist in maintaining political processors; magnetic and amorphous Representative (FSR), U.S. Government stability, military balance, and metals; purification; firmware; printed Technical Support, and other associated economic progress in the region. circuit boards; laser roll rate sensor; equipment and services. The proposed sale will improve the dual detector assembly; detector filters; (iv) Military Department: Army (XX– recipient’s capability in current and optical coatings; ultraviolet sensors; B–ZBU) future defensive efforts. The recipient compounding and handling of (v) Prior Related Cases, if any: None will use the enhanced capability as a electronic, electro-optic, and optical deterrent to regional threats and to materials; test equipment operating (vi) Sales Commission. Fee, etc., Paid, strengthen homeland defense. instructions; energetic materials Offered, or agreed to be paid: None The recipient intends to use these fabrication and loading technology; (vii) Sensitivity of Technology defense articles and services to warhead components and seeker Contained in the Defense Article or modernize its armed forces and to assembly. Information on Defense Services Proposed to be sold: expand its existing air defense countermeasures vulnerability to See Attached Annex architecture to counter threats posed by electronic countermeasures, system (viii) Date Report Delivered to air attack. The recipient will have no performance capabilities and Congress: 16 December 2015 difficulty absorbing this equipment into effectiveness, simulation and test data * as defined in Section 47(6) of the its armed forces. and software source code are classified Arms Export Control Act. The proposed sale of this equipment up to SECRET. and support will not alter the basic b. Loss of this hardware and/or data POLICY JUSTIFICATION military balance in the region. could permit development of Taipei Economic and Cultural The principal contractor involved in information leading to the exploitation Representative Office (TECRO) in the this program is Raytheon Missile of countermeasures. Therefore, if a United States—Block I—92F MANPAD Systems, Tucson, Arizona. The recipient technologically capable adversary were Stinger Missiles and Related Equipment normally requests industrial to obtain missile hardware or associated and Support cooperation at forty percent, but at this development or production information, time there are no known offset The Taipei Economic and Cultural the missile system could be agreements proposed in connection compromised through reverse Representative Office in the United with this potential sale. States has requested a possible sale of engineering techniques which could Implementation of this proposed sale defeat the weapon system’s two-hundred and fifty (250) Block I–92F will require visits to the recipient by MANPAD Stinger Missiles, four (4) effectiveness. twelve (12) U.S. Government or 2. All defense articles and services Block I–92F MANPAD Stinger Fly-to- contractor representatives for a period of listed in this transmittal have been Buy Missiles, one (1) Captive Flight six (6) weeks (Non-concurrent). authorized for release and export to the Trainer (CFT), forty two (42) Field There will be no adverse impact on recipient. Handling Trainers (FHTs), seventy (70) U.S. defense readiness as a result of this Gripstock Control Groups, seventy (70) proposed sale. [FR Doc. 2016–02862 Filed 2–11–16; 8:45 am] Medium Thermal Weapon Sights BILLING CODE 5001–06–P (MTWS), forty-two (42) Tracking Head Transmittal No. 16–06 Trainers (THTs), four (4) Sierra Coolant Notice of Proposed Issuance of Letter of DEPARTMENT OF DEFENSE Recharging Units (CRUs), one (1) Offer Pursuant to Section 36(b)(1) of the Missile Go/No Go Test Set, four (4) Arms Export Control Act, as amended Office of the Secretary MQM–170 Outlaw Target Drones, sixty- Annex two (62) Identification Friend or Foe [Transmittal No. 15–27] (IFF), IFF Development, one (1) Stinger Item No. vii 36(b)(1) Arms Sales Notification Troop Proficiency Trainer (STPT). Also (viii) Sensitivity of Technology: included are Integrated Electronic 1. The highest classification of the AGENCY: Defense Security Cooperation Technical Manuals (IETMs),Government Stinger 92F Reprogrammable Micro- Agency, Department of Defense. Furnished Equipment, spare and repair Processor (RMP) Block I Missile and ACTION: Notice. parts, Telemeters, Range and Test Stinger Man-Portable Air Defense Support, contractor technical support, System (MANPADS) hardware is SUMMARY: The Department of Defense is contractor training, contractor CONFIDENTIAL, and the highest publishing the unclassified text of a engineering services, contractor logistics classification of data and information is section 36(b)(1) arms sales notification. services, consolidation, Total Package SECRET. This is published to fulfill the Fielding, Material Fielding Team, Field a. The Stinger RMP Block I Missile, requirements of section 155 of Public Service Representative (FSR), U.S. hardware, embedded software object Law 104–164 dated July 21, 1996. Government Technical Support, and code and operating documentation FOR FURTHER INFORMATION CONTACT: other associated equipment and contain sensitive technology and are Sarah A. Ragan or Heather N. Harwell, services. The estimated value is classified CONFIDENTIAL. The DSCA/LMO, (703) 604–1546/(703) 607– $216,848,586. guidance section of the missile and 5339.

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The following is a copy of a letter to Dated: February 8, 2016. the Speaker of the House of Aaron Siegel, Representatives, Transmittal 15–27 with Alternate OSD Federal Register Liaison attached Policy Justification and Officer, Department of Defense. Sensitivity of Technology. BILLING CODE 5001–06–P

BILLING CODE 5001–06–C (FFG–7) being provided as Excess Transmittal No. 15–27 Major Defense Equipment * $ 25 million Defense Articles (EDA). Each vessel will Other ...... $165 million be equipped with the MK–92 Mod 6 Notice of Proposed Issuance of Letter of Fire Control System, the SSQ–89V(9) Total ...... $190 million Offer Pursuant to Section 36(b)(l) of the Anti-Submarine Warfare System, the Arms Export Control Act, as amended (iii) Description and Quantity or MK–75 76mm Gun System, Phalanx (i) Prospective Purchaser: Taipei Quantities of Articles or Services under 20mm Close-In-Weapon System (CIWS) Economic and Cultural Representative Consideration for Purchase: The sale, (Block l B), MK–13 Guided Missile Office in the United States refurbishment, and upgrade of two (2) Launching System (GMLS), AN/SLQ–32 (ii) Total Estimated Value: Oliver Hazard Perry Class Frigates Electronic Warfare System, SPS–49

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Radar, SQR–19 Towed Array Sonar, future defensive efforts. The recipient recipient’s ASW capabilities. The SQS–56 Sonar, spare and repair parts, will use these ships to replace existing operating system software and operating publications and technical Knox Class destroyers which have manuals are both classified SECRET. documentation, personnel training and reached the end of their useful service Operational performance is classified training equipment, provisioning, life. The EDA Oliver Hazard Perry Class SECRET. The technical and operational system integration, U.S. Government Frigates (FFG–7) will be more elements of this system, and any related and contractor logistics, engineering, sustainable, provide increased Anti- data, are classified SECRET. The SQQ– and technical support services, and Submarine Warfare (ASW) capability as 89V(9) will result in the transfer of other related elements of logistics and a deterrent to local threats, require less highly accurate ASW sensing and program support. maintenance, and reduce life cycle detection capability. (iv) Military Department: Navy (SEP) support costs. The recipient will have 3. The technical and operational (v) Prior Related Cases, if any: None no difficulty absorbing these ships and elements of these systems, and any (vi) Sales Commission, Fee, etc., Paid, equipment into its armed forces. related data, are classified to protect Offered, or Agreed to be Paid: None The proposed sale of this equipment vulnerabilities, design and performance (vii) Sensitivity of Technology and support will not alter the basic parameters, and similar critical Contained in the Defense Article or military balance in the region. information. Uncontrolled release of Defense Services Proposed to be Sold: The principal contractor will be sensitive technological information on See Attached Annex selected through a competitive these systems could reveal capabilities (viii) Date Report Delivered to procurement conducted by the U.S. and possible vulnerabilities. Congress: 16 December 2015 Government in accordance with the * as defined in Section 47(6) of the 4. If a technologically advanced Federal Acquisition Regulation. The Arms Export Control Act. adversary were to obtain knowledge of purchaser normally requests industrial the specific hardware and software POLICY JUSTIFICATION cooperation at forty percent, but at this elements, the information could be used Taipei Economic and Cultural time there are no known offset to develop countermeasures that might Representative Office in the United agreements proposed in connection reduce weapon system effectiveness or States—Refurbishment and Upgrades of with this potential sale. be used in the development of a system EDA Oliver Perry Class Frigates (FFG–7) Implementation of this sale will not with similar advanced capabilities. require the assignment of any additional 5. A determination has been made The Taipei Economic and Cultural U.S. Government personnel or that the recipient can provide the same Representative Office in the United contractor representatives to the degree of protection for the sensitive States has requested the possible sale, recipient. technology being released as the U.S. refurbishment, and upgrade of two (2) There will be no adverse impact on Government. This sale is necessary in Oliver Hazard Perry Class Frigates U.S. defense readiness as a result of this furtherance of the U.S. foreign policy (FFG–7) being provided as Excess proposed sale. and national security objectives Defense Articles (EDA). Each vessel will outlined in the Policy Justification. be equipped with the MK–92 Mod 6 Transmittal No. 15–27 6. All defense articles and services Fire Control System, the SQQ–89V(9) Notice of Proposed Issuance of Letter of listed in this transmittal have been Anti-Submarine Warfare System, the Offer Pursuant to Section 36(b)(1) of the authorized for release and export to the MK–75 76mm Gun System, Phalanx Arms Export Control Act recipient. 20mm Close-In-Weapon System (CIWS) (Block I B), MK–13 Guided Missile Item No. vii [FR Doc. 2016–02842 Filed 2–11–16; 8:45 am] Launching System (GMLS), AN/SLQ–32 (vii) Sensitivity of Technology: BILLING CODE 5001–06–P Electronic Warfare System, SPS–49 1. The equipment to be delivered with Radar, SQR–19 Towed Array Sonar, these Oliver Perry Class Frigates (FFG– SQS–56 Sonar, spare and repair parts, 7) is similar to the equipment currently DEPARTMENT OF DEFENSE publications and technical on customer ships or in inventory. This Office of the Secretary documentation, personnel training and includes Close-ln- Weapon System training equipment, provisioning, (CIWS) (Block IB), MK 75 76mm gun, [Transmittal No. 15–44] system integration, U.S. Government MK 13 Guided Missile Launching and contractor logistics, engineering, System (GMLS) for their STANDARD 36(b)(1) Arms Sales Notification and technical support services, and Missile (SM–1) and Harpoon Block II other related elements of logistics and missiles. MK 32 SVTT is an over-the- AGENCY: Defense Security Cooperation program support. The estimated cost is side launching system for light weight Agency, Department of Defense. $190 million. torpedoes. The Link 11 system provides ACTION: Notice. This sale is consistent with United data sharing capability with other States law and policy as expressed in platforms. Operational performance SUMMARY: The Department of Defense is Public Law 96–8. characteristics for CIWS, Harpoon, and publishing the unclassified text of a This proposed sale serves U.S. the MK 75 gun are classified SECRET. section 36(b)(1) arms sales notification. national, economic, and security With the exception of CIWS IB and This is published to fulfill the interests by supporting the recipient’s Harpoon Block II, all other equipment requirements of section 155 of Public continuing efforts to modernize its being provided in this program is Law 104–164 dated July 21, 1996. armed forces and enhance its defensive considered legacy technology within the FOR FURTHER INFORMATION CONTACT: capability. The proposed sale will help U.S. Navy. Sarah A. Ragan or Heather N. Harwell, improve the security of the recipient 2. The SQQ–89V(9) Anti-Submarine DSCA/LMO, (703) 604–1546/(703) 607– and assist in maintaining political Warfare (ASW) system is being 5339. stability, military balance, and introduced to customer inventory The following is a copy of a letter to economic progress in the region. through this program. This system the Speaker of the House of The proposed sale will improve the represents an upgrade in capability for Representatives, Transmittal 15–44 with recipient’s capability in current and the customer, which will enhance the attached Policy Justification.

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Dated: February 8, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001–06–P

DEFENSE SECURITY COOPERATION AGENCY

Dear Mr.

Arms Act.

ram>mll.llal No. 15-44. con.cerrling the IleJ;Iarlrnent of

Ac<:ept11nee lo tho

$120 leuer

the of this orooooed sale.

USN Director

BILLING CODE 5001–06–C Transmittal No. 15–44 (ii) Total Estimated Value: Notice of Proposed Issuance of Letter of Major Defense Equipment * $ 0 million Offer Pursuant to Section 36(b)(l) of the Other ...... $120 million Arms Export Control Act, as amended Total ...... $120 million (i) Prospective Purchaser: Taipei Economic and Cultural Representative (iii) Description and Quantity or Office in the United States Quantities of Articles or Services under

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Consideration for Purchase: Follow-on The support will include spare and agreements proposed in connection life cycle support to maintain the repair parts, support equipment, repair with this potential sale. Multifunctional Information and return, publications and technical Implementation of this proposed sale Distribution Systems Low Volume documentation, personnel training and will require multiple trips to the Terminals (MIDS/LVT–1) and Joint training equipment, software and recipient involving U.S. Government Tactical Information Distribution hardware updates, maintenance of a and contractor representatives to Systems (JTIDS). The support will continental United States lab, U.S. participate in training, program include spare and repair parts, support Government and contracting management, and technical reviews. equipment, repair and return, engineering, logistics, and technical There will be no adverse impact on publications and technical support services, and other related U.S. defense readiness as a result of this documentation, personnel training and elements of program and logistics proposed sale. training equipment, software and support. The estimated value is $120 [FR Doc. 2016–02847 Filed 2–11–16; 8:45 am] hardware updates, maintenance of a million. BILLING CODE 5001–06–P continental United States (CONUS) lab, This sale is consistent with United U.S. Government and contracting States law and policy as expressed in engineering, logistics, and technical Public Law 96–8. DEPARTMENT OF DEFENSE support services, and other related This proposed sale serves U.S. elements of program and logistics national, economic, and security Office of the Secretary support. interests by supporting the recipient’s (iv) Military Department: Navy (GOS) [Transmittal No. 15–74] (v) Prior Related Cases, if any: continuing efforts to modernize its armed forces and enhance its defensive FMS Case GNU–$290M–13JUL10 36(b)(1) Arms Sales Notification FMS Case GMK–$277M–10JAN03 capability. The proposed sale will help improve the security of the recipient AGENCY: Defense Security Cooperation (vi) Sales Commission, Fee, etc., Paid, and assist in maintaining political Agency, Department of Defense. Offered, or Agreed to be Paid: None (vii) Sensitivity of Technology stability, military balance, and ACTION: Notice. economic progress in the region. Contained in the Defense Article or SUMMARY: The Department of Defense is Defense Services Proposed to be Sold: The proposed sale will enhance the recipient’s operational readiness and publishing the unclassified text of a None section 36(b)(1) arms sales notification. (viii) Date Report Delivered to maintenance of its existing systems. The support will improve and integrate the This is published to fulfill the Congress: 16 December 2015 requirements of section 155 of Public * as defined in Section 47(6) of the recipient’s information flow and display Law 104–164 dated July 21, 1996. Arms Export Control Act. of tactical aircraft, surface ships, and ground stations. The recipient will have FOR FURTHER INFORMATION CONTACT: POLICY JUSTIFICATION no difficulty absorbing this support and Sarah A. Ragan or Heather N. Harwell, Taipei Economic and Cultural equipment into its inventory. DSCA/LMO, (703) 604–1546/(703) 607– Representative Office in the United The proposed sale of this equipment 5339. States- Follow-On Support and support will not significantly alter The following is a copy of a letter to the Speaker of the House of The Taipei Economic and Cultural the basic military balance in the region. Representatives, Transmittal 15–74 with Representative Office in the United The principal contractor will be attached Policy Justification and States has requested a possible sale of selected through a competitive Sensitivity of Technology. follow-on life cycle support to maintain procurement conducted by the U.S. the Multifunctional Information Government in accordance with the Dated: February 8, 2016. Distribution Systems Low Volume Federal Acquisition Regulation. The Aaron Siegel, Terminals (MIDS/LVT–1) and Joint purchaser normally requests industrial Alternate OSD Federal Register Liaison Tactical Information Distribution cooperation at forty percent, but at this Officer, Department of Defense. Systems (JTIDS) previously procured. time there are no known offset BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C (iii) Description and Quantity or FMS Case: YWG, Basic: $39.8M–8 Jul 02 Transmittal No. 15–74 Quantities of Articles or Services under A01: $39.98M–18 Jul 03 Consideration for Purchase: A02: $39.98–04 Nov 05 Notice of Proposed Issuance of Letter of Major Defense Equipment (MDE): A03: $39.7M–15 Dec 09 Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended Two-hundred and eight (208) Javelin YZD, Basic: $28.8M–11 Dec 09 Guided Missiles A01: $30.1M–25 Oct 10 (i) Prospective Purchaser: Taipei Also included with this request are (vi) Sales Commission, Fee, etc., Paid, Economic and Cultural Representative U.S. Government and contractor Offered, or Agreed to be Paid: None Office in the United States technical assistance, above the line (vii) Sensitivity of Technology (ii) Total Estimated Value: transportation costs, and other related Contained in the Defense Article or Major Defense Equipment * $50.0 million elements of logistics and program Defense Services Proposed to be Sold: Other ...... $ 7.0 million support. See Annex attached (iv) Military Department: Army (ZBS) (viii) Date Report Delivered to Total ...... $57.0 million (v) Prior Related Cases, if any: Congress: 16 December 2015

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* as defined in Section 47(6) of the Transmittal No. 15–74 outweigh the potential damage that Arms Export Control Act. Notice of Proposed Issuance of Letter of could result if sensitive technology was revealed to unauthorized persons. POLICY JUSTIFICATION Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act 5. If a technologically advanced Taipei Economic and Cultural adversary were to obtain knowledge of Representative Office in the United Annex the specific hardware and software States—Javelin Missile Item No. vii elements, the information could be used The Taipei Economic and Cultural (viii) Sensitivity of Technology: to develop countermeasures that might Representative Office in the United 1. The Javelin Weapon System is a reduce weapon system effectiveness or States has requested a possible sale of medium-range, man-portable, shoulder- be used in the development of a system two-hundred and eight (208) Javelin launched, fire-and-forget, anti-tank with similar or advanced capabilities. Guided Missiles; U.S. Government and system for infantry, scouts, and combat All defense articles and services listed contractor technical assistance, above engineers. It may also be mounted on a in this transmittal have been authorized the line transportation costs, and other variety of platforms to include vehicles for release and export to the Taipei related elements of logistics and and watercraft. The system weighs 49.5 Economic and Cultural Representative program support. The estimated cost is pounds and has a maximum range in Office in the United States. $57 million. excess of 2,500 meters. The system is [FR Doc. 2016–02865 Filed 2–11–16; 8:45 am] This sale is consistent with United highly lethal against tanks and other BILLING CODE 5001–06–P States law and policy as expressed in systems with conventional and reactive Public Law 96–8. armors. The system possesses a This proposed sale serves U.S. secondary capability against bunkers. DEPARTMENT OF DEFENSE national, economic, and security 2. Javelin’s key technical feature is the interests by supporting the recipient’s use of fire-and-forget technology which Office of the Secretary continuing efforts to modernize its allows the gunner to fire and armed forces and enhance its defensive immediately relocate or take cover. [Transmittal No. 16–01] capability. The proposed sale will help Additional special features are the top improve the security of the recipient attack and/or direct fire modes, an 36(b)(1) Arms Sales Notification and assist in maintaining political advanced tandem warhead and imaging stability, military balance, and infrared seeker, target lock-on before AGENCY: Defense Security Cooperation economic progress in the region. launch, and soft launch from enclosures Agency, Department of Defense. The Javelin missile will provide the or covered fighting positions. The ACTION: Notice. recipient with increased capacity to Javelin missile also has a minimum meet its coastal and homeland defense smoke motor thus decreasing its SUMMARY: The Department of Defense is requirements. The recipient will have detection on the battlefield. publishing the unclassified text of a no difficulty absorbing this equipment 3. The missile is autonomously section 36(b)(1) arms sales notification. into its armed forces. guided to the target using an imaging This is published to fulfill the The prime contractors will be infrared seeker and adaptive correlation requirements of section 155 of Public Raytheon/Lockheed Martin Javelin Joint tracking algorithms. Law 104–164 dated July 21, 1996. Venture of Orlando, Florida and 4. The Javelin Missile System FOR FURTHER INFORMATION CONTACT: Tucson, Arizona. The purchaser hardware and the documentation are Sarah A. Ragan or Heather N. Harwell, normally requests industrial UNCLASSIFIED. The missile software DSCA/LMO, (703) 604–1546/(703) 607– cooperation at forty percent, but at this which resides in the Command Launch 5339. Unit (CLU) is considered sensitive. The time there are no known offset The following is a copy of a letter to sensitivity is primarily in the software agreements proposed in connection the Speaker of the House of programs which instruct the system with this potential sale. Representatives, Transmittal 16–01 with Implementation of this proposed sale how to operate in the presence of attached Policy Justification and will not require the assignment of any countermeasures. The overall hardware Sensitivity of Technology. additional U.S. Government or is also considered sensitive in that the contractor representatives to the infrared wavelengths could be useful in Dated: February 9, 2016. recipient. attempted countermeasure Aaron Siegel, There will be no adverse impact on development. The benefits to be derived Alternate OSD Federal Register Liaison U.S. defense readiness as a result of this from the sale, as outlined in the policy Officer, Department of Defense. proposed sale. justification of the notification, BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C Other ...... $ 31 million Fourteen (14) TOW 2B Aero, Radio Transmittal No. 16–01 Frequency (RF) (BGM-71F-Series) Fly- Total ...... $268 million to-Buy Missiles Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) Of the (iii) Description and Quantity or Forty-six (46) Improved Target Arms Export Control Act, as amended Quantities of Articles or Services under Acquisition System (ITAS) Consideration for Purchase: Four (4) ITAS spares (i) Prospective Purchaser: Taipei Also included are the following non- Economic and Cultural and Major Defense Equipment (MDE): MDE: Missile Support Equipment, Representative Office in the United Seven hundred sixty-nine (769) TOW Government-Furnished Equipment, States 2B Aero, Radio Frequency (RF) Technical Manuals/Publications, Spare (ii) Total Estimated Value: Missiles (BGM-71F-Series) Parts, Tool and Test Equipment, Major Defense Equipment * .. $237 million Training, U.S. Government Technical

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Support/Logistical Support, Contractor have no difficulty absorbing this optics and a second generation Standard Technical Support, and other associated equipment into its armed forces. Advanced Dewar Assembly (SADA) II equipment and services. The proposed sale of this equipment thermal sensor into a single housing; (iv) Military Department: U.S. Army and support will not alter the basic direct view optics that provide viewing (TW–B–ZBT) military balance in the region. the target scene in daylight and non- (v) Prior Related Cases, if any: None The principal contractor involved in obscured conditions; introduction of (vi) Sales Commission, Fee, etc., Paid, this program is Raytheon Missile both passive and active eye safe laser- Offered, or Agreed to be Paid: None Systems (RMS) of Tucson, Arizona, and ranging; development of embedded (vii) Sensitivity of Technology McKinney, Texas. The purchaser training and training sustainment; Contained in the Defense Article or normally requests industrial automatic bore sight which allows the Defense Services Proposed to be Sold: cooperation at forty percent, but at this gunner to align the night vision system See Attached Annex. time there are no known offset with the direct view optics; insertion of (viii) Date Report Delivered to agreements proposed in connection advanced Built-In Test/Built-In Test Congress: 16 December 2015 with this potential sale. Equipment (BIT/BITE) which provides * as defined in Section 47(6) of the Implementation of this proposed sale fault detection and recognition and go/ Arms Export Control Act. will require the U.S. Government or no go status for the gunner; and an contractor representatives to travel to Aided Target Tracker (ATT) that POLICY JUSTIFICATION the recipient for multiple period of provides the capability to process Taipei Economic and Cultural equipment de-processing/fielding, infrared imagery into recognizable Representatives Office in the United system checkout, and new equipment contour features used to assist the States - TOW 2B Aero Radio Frequency training. There will be no more than ten gunner’s aim point. (RF) Missile (BGM-71F-Series), Support contractor personnel at any one time 3. If a technologically advanced and Training and all efforts will take less than 16 adversary were to obtain knowledge of weeks in total. the specific hardware and software The Taipei Economic and Cultural There will be no adverse impact on elements, the information could be used Representative Office in the United U.S. defense readiness as a result of this to develop countermeasures that might States has requested a possible sale of proposed sale. reduce weapon system effectiveness or seven hundred sixty-nine (769) TOW 2B Transmittal No. 16–01 be used in the development of a system Aero Radio Frequency (RF) Missiles with similar or advanced capabilities. (BGM-71F-Series). This proposed sale Notice of Proposed Issuance of Letter of All defense articles and services listed also includes fourteen (14) Radio Offer Pursuant to Section 36(b)(l) of the in this transmittal have been authorized Frequency (RF) TOW 2B Aero (BGM- Anns Export Control Act, as amended for release and export to the recipient. 71F-Series) Fly-to-Buy Missiles for lot Annex acceptance testing, forty-six (46) [FR Doc. 2016–02891 Filed 2–11–16; 8:45 am] Improved Target Acquisition System Item No. vii BILLING CODE 5001–06–P (ITAS) Launchers, four (4) Improved (vii) Sensitivity of Technology: Target Acquisition System (ITAS) 1. The TOW 2B Aero Radio Frequency DEPARTMENT OF DEFENSE Launcher spares, Missile support (RF) Missile (BGM–71F–3–RF) is a fly- Equipment, Government-Furnished over-shootdown missile designed to Office of the Secretary Equipment, Technical Manuals/ defeat armored vehicles. TOW missiles Publications, Spare Parts, Tool and Test are fired from a variety of TOW [Transmittal No. 15–72] Equipment, Trainers, U.S. Government Launchers in the U .S. Army, U.S. Technical Support/Integrated Logistical Marine Corps and Foreign Military Sales 36(b)(1) Arms Sales Notification Support, Contractor Technical Support, (FMS) customer forces. The TOW 2B AGENCY: Defense Security Cooperation and other associated equipment and Aero RF missile can be launched from Agency, DoD. services. The estimated cost is $268 the same launcher platforms as the ACTION: Notice. million. existing wire-guided TOW 2B and TOW This sale is consistent with United 2B Aero missiles without modification SUMMARY: The Department of Defense is States law and policy as expressed in to the launcher. The TOW 2B missile publishing the unclassified text of a Public Law 96–8. (both wire & RF) contains two tracker section 36(b)(1) arms sales notification. This proposed sale serves U.S. beacons (xenon and thermal) for the This is published to fulfill the national, economic, and security launcher to track and guide the missile requirements of section 155 of Public interests by supporting the recipient’s in flight. Guidance commands from the Law 104–164 dated July 21, 1996. continuing efforts to modernize its launcher are provided to the missile by FOR FURTHER INFORMATION CONTACT: armed forces and enchance its defensive an RF link contained within the missile Sarah A. Ragan or Heather N. Harwell, capability. The proposed sale will help case. Software for performance data, DSCA/LMO, (703) 604–1546/(703) 607– improve the security of the recipient lethality penetration, and sensors are 5339. and assist in maintaining political classified SECRET. The following is a copy of a letter to stability, military, balance, and 2. The Improved Target Acquisition the Speaker of the House of economic progress in the region. System (ITAS) is designed to fire all Representatives, Transmittal 15–72 with The proposed sale of TOW 2B existing versions of the TOW missile attached Policy Justification and Missiles, ITAS Launchers, and technical and consists of a Target Acquisition Sensitivity of Technology. support will advance the recipient’s Subsystem (TAS), a Fire Control efforts to develop and integrated ground Subsystem (FCS), a Li-Ion Battery Box Dated: February 9, 2016. defense capability. A strong national (LBB), a modified Traversing Unit (TU) Aaron Siegel, defense and dedicated military force plus the standard launch tube and Alternate OSD Federal Register Liaison will assist the recipient in its efforts to tripod. The ITAS provides for the Officer, Department of Defense. maintain stability. The recipient will integration of both the direct view BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C Taipei Economic and Cultural Total ...... $375.0 million Transmittal No. 15–72 Representative Office in the United * as defined in Section 47(6) of the Arms States (TECRO) Export Control Act. Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the (ii) Total Estimated Value: (iii) Description and Quantity or Arms Export Control Act, as amended Major Defense Equip- $300.0 million Quantities of Articles or Services under ment *. Consideration for Purchase: (i) Prospective Purchaser: Other ...... $ 75.0 million Major Defense Equipment (MDE) includes:

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Thirty-Six (36) Assault Amphibious MDE cost is $300 million. The total operational elements of these systems, Vehicles (AAVs) estimated cost is $375 million. and any related data, are classified up Weapons This sale is consistent with United to SECRET to protect vulnerabilities, • Thirty (30) .50 Caliber M2 machine States law and policy as expressed in design and performance parameters, and guns Public Law 96–8. similar critical information. • Six (6) 7.62mm M240 machine guns This proposed sale serves U.S. 2. If a technologically advanced Non-MDE included with this request national, economic, and security adversary were to obtain knowledge of are: Enhanced Armored Applique Kits interests by supporting the recipient’s the specific hardware and software (EAAK); spares; training; support and continuing efforts to modernize its elements, the information could be used test equipment; publications; contractor armed forces and enhance its defensive to develop countermeasures that might engineering technical services; capability. The proposed sale will help reduce weapon system effectiveness or engineering technical services; improve the security of the recipient be used in the development of a system logistical, training, engineering and and assist in maintaining political with similar advanced capabilities. program support; and other technical stability, military balance, and 3. All defense articles and services assistance. economic progress in the region. listed in this transmittal have been (iv) Military Department: NAVY (SEQ) The proposed sale will improve the authorized for release and export to the (v) Prior Related Cases, if any: FMS recipient’s capability in current and recipient. Case SDR-$173 million-04 SEP 02 future defensive efforts. The recipient [FR Doc. 2016–02938 Filed 2–11–16; 8:45 am] (vi) Sales Commission, Fee, etc., Paid, will use these vehicles to augment BILLING CODE 5001–06–P Offered, or Agreed to be Paid: None existing vehicles and will have no (vii) Sensitivity of Technology difficulty absorbing these new vehicles Contained in the Defense Article or into its armed forces. DEPARTMENT OF DEFENSE Defense Services Proposed to be Sold: The proposed sale of this equipment See Attached Annex and support will not significantly alter Office of the Secretary (viii) Date Report Delivered to the basic military balance in the region. Congress: 16 December 2015 The prime contractor supporting the [Transmittal No. 15–45] POLICY JUSTIFICATION refurbishment has not been selected. The purchaser normally requests 36(b)(1) Arms Sales Notification Taipei Economic and Cultural industrial cooperation at forty percent, AGENCY: Representative Office in the United but at this time there are no known Department of Defense, Defense States (TECRO)—Assault Amphibious offset agreements proposed in Security Cooperation Agency. Vehicles (AAVs) connection with this potential sale. ACTION: Notice. Implementation of this proposed sale The Taipei Economic and Cultural SUMMARY: The Department of Defense is should not require the permanent Representative Office in the United publishing the unclassified text of a assignment of additional U.S. States has requested a possible sale of section 36(b)(1) arms sales notification. Government or contractor the following: This is published to fulfill the representatives to the recipient. Major Defense Equipment (MDE) requirements of section 155 of Public There will be no adverse impact on includes: Law 104–164 dated July 21, 1996. Thirty-Six (36) Assault Amphibious U.S. defense readiness as a result of this proposed sale. FOR FURTHER INFORMATION CONTACT: Vehicles (AAVs) Sarah A. Ragan or Heather N. Harwell, Weapons Transmittal No. 15–72 DSCA/LMO, (703) 604–1546/(703) 607– • Thirty (30) .50 Caliber M2 machine 5339. guns Notice of Proposed Issuance of Letter of The following is a copy of a letter to • Six (6) 7.62mm M240 machine guns Offer Pursuant to Section 36(b)(1) of the the Speaker of the House of Non-MDE included with this request Arms Export Control Act Annex Item Representatives, Transmittal 15–45 with are: Enhanced Armored Applique Kits No. vii attached Policy Justification and (EAAK); spares; weapons; training; (vii) Sensitivity of Technology: Sensitivity of Technology. support and test equipment; 1. The Amphibious Assault Vehicles publications; contractor engineering (AAV) Al Reliability Availability Dated: February 9, 2016. technical services; engineering technical Maintainability (RAM) Rebuild to Aaron Siegel, services; logistical, training, engineering Standard (RS) Family of Vehicles (FOV) Alternate OSD Federal Register Liaison and program support; and other end items, trainers, and components are Officer, Department of Defense. technical assistance. The estimated UNCLASSIFIED. The technical and BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C (iii) Description and Quantity or (PFG–2) and four (4) Lafayette Class Transmittal No. 15–45 Quantities of Articles or Services under (PFG–3) ships, up to ten (10) High Consideration for Purchase: Frequency Radios, and ten (10) Data Notice of Proposed Issuance of Letter of Major Defense Equipment (MDE) Terminal Sets (DTSs). Also included are Offer Pursuant to Section 36(b)(1) of the includes: spare and repair parts; support Arms Export Control Act, as amended Four (4) Multifunctional Information equipment; communications equipment; (i) Prospective Purchaser: Taipei Distribution Systems (MIDS) On Ship maintenance support; personnel Economic and Cultural Representative Low Volume Terminals (LVTs) training and training equipment; Office in the United States Four (4) Command and Control publications and technical Processor (C2P) units documentation; U.S. Government and (ii) Total Estimated Value: Non-MDE items included are the contractor engineering and technical Major Defense Equipment* $10 million installation and integration of Taiwan support services; and other related Other ...... $65 million Advanced Tactical Data Link System elements of logistics and program (TATDLS) beyond line-of-sight datalink support. Total ...... $75 million capability on six (6) Perry Class Frigates (iv) Military Department: Navy (GOX)

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(v) Prior Related Cases, if any: remaining ships to include TATDLS for the operation, maintenance, and FMS Case GNU–$290M–13JUL10 beyond line-of-sight datalink capability repair (through intermediate level) of FMS Case GMK–$277M–10JAN03 will allow data sharing capability with the data link terminal, installed systems, (vi) Sales Commission, Fee. etc., Paid, other platforms and improve the and related software. The recipient has Offered, or Agreed to be Paid: None recipient’s operational readiness for the previously received terminals under (vii) Sensitivity of Technology systems provided under the previous TW–P–GNU. Commercial Signal Contained in the Defense Article or Foreign Military Sales (FMS) cases. The Message Processors (CSMPs) will be Defense Services Proposed to be Sold: recipient will have no difficulty integrated into terminals provided. The See Attached Annex absorbing this equipment into its armed operating system has CONFIDENTIAL (viii) Date Report Delivered to forces. software and operating elements; Congress: 16 December 2015 The proposed sale of this equipment operating manuals are UNCLASSIFIED. *as defined in Section 47(6) of the and support will not significantly alter 3. The Command and Control Arms Export Control Act. the basic military balance in the region. Processor (C2P) provided will be Model The principal contractor is unknown 4 or equivalent, which is considered POLICY JUSTIFICATION at this time and will be determined legacy technology within the U.S. Navy. Taipei Economic and Cultural during contract negotiations. The The operating system has Representative Office in the United purchaser normally requests industrial CONFIDENTIAL software and operating States-Taiwan Advanced Tactical Data cooperation at forty percent, but at this elements; operating manuals are Link System (TATDLS) and Link-11 time there are no known offset CONFIDENTIAL. Integration agreements proposed in connection 4. The technical and operational with this potential sale. elements of these systems, and any The Taipei Economic and Cultural It is estimated that during related data, are classified to protect Representative Office in the United implementation of this proposed sale a vulnerabilities, design and performance States has requested a possible sale of number of U.S. Government and parameters, and similar critical four (4) Multifunctional Information contractor representatives will be information. Uncontrolled release of Distribution Systems (MIDS) On Ship assigned to the recipient or travel there sensitive technological information on Low Volume Terminals (LVTs), and four intermittently during the program. these systems could reveal capabilities (4) Command and Control Processor There will be no adverse impact on and possible vulnerabilities, which (C2P) units. Also included will be the U.S. defense readiness as a result of this could be detrimental to the U.S. Navy. installation and integration of Taiwan proposed sale. 5. If a technologically advanced Advanced Tactical Data Link System Transmittal No. 15–45 adversary were to obtain knowledge of (TATDLS) beyond line-of-sight datalink the specific hardware and software capability on six (6) Perry Class (PFG– Notice of Proposed Issuance of Letter of elements, the information could be used 2) and four (4) Lafayette Class (PFG–3) Offer Pursuant to Section 36(b)(l) of the to develop countermeasures that might ships, up to ten (10) High Frequency Arms Export Control Act reduce weapon system effectiveness or Radios, ten (10) Data Terminal Sets Annex be used in the development of a system (DTSs), spare and repair parts, support with similar advanced capabilities. equipment, communications equipment, Item No. vii 6. All defense articles and services maintenance support, personnel (vii) Sensitivity of Technology: listed in this transmittal have been training and training equipment, 1. The equipment to be delivered authorized for release and export to the publications and technical under this case has been provided recipient. documentation, U.S. Government and previously under Po Sheng TW–P–GMK [FR Doc. 2016–02918 Filed 2–11–16; 8:45 am] contractor engineering and technical and Syun An TW–P–GNU and is BILLING CODE 5001–06–P support services, and other related currently used by the customer. The elements of logistics and program efforts under this case will lead to the support. The estimated value is $75 remaining Perry Class (PFG–2) (six DEPARTMENT OF ENERGY million. ships) and Lafayette Class (PFG–3) (four This sale is consistent with United ships) ships having the same State Energy Advisory Board (STEAB) States law and policy as expressed in configuration as ships previously Public Law 96–8. integrated under Po Sheng, TW–P–GMK AGENCY: Energy Efficiency and This proposed sale serves U.S. and Syun An, TW–P–GNU cases. The Renewable Energy, Department of national, economic, and security ships will have Taiwan Advanced Energy. interests by supporting the recipient’s Tactical Data Link System (TATDLS) ACTION: Notice of Open Live Board continuing efforts to modernize its beyond line-of-sight datalink capability, Meeting. armed forces and enhance its defensive which provides data sharing capability capability. The proposed sale will help with other platforms. The equipment SUMMARY: This notice announces a improve the security of the recipient being provided under this case is Board meeting of the State Energy and assist in maintaining political considered legacy technology within the Advisory Board (STEAB). The Federal stability, military balance, and U.S. Navy. Advisory Committee Act (Public Law economic progress in the region. 2. The Multifunctional Information 92–463; 86 Stat. 770) requires that The proposed sale will improve the Distribution System (MIDS) On Ship public notice of these meetings be recipient’s capability in current and Low Volume Terminal (LVT) hardware, announced in the Federal Register. future defensive efforts. Under this case publications, performance DATES: March 9th, 2016, 9:00 a.m. to the recipient will update the existing specifications, operational capability, 5:30 p.m.; March 10th, 2016, 9:00 a.m. Perry Class (PFG–2) (six ships) and parameters, vulnerabilities to to 3:30 p.m. Lafayette Class (PFG–3) (four ships) countermeasures, and software ADDRESSES: Renaissance Arlington ships to match the configuration of documentation are classified Capital View Hotel, 2800 South ships updated under the Po Sheng and CONFIDENTIAL. The classified Potomac Ave., Arlington, Virginia 22202 Syun An programs. Configuring the information to be provided is necessary USA.

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FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF ENERGY the Grid Modernization Initiative Michael Li, Policy Advisor, Office of Working Group, the Clean Power Plan Energy Efficiency and Renewable Electricity Advisory Committee Working Group, the Smart Grid Subcommittee, the Power Delivery Energy, U.S. Department of Energy, AGENCY: Office of Electricity Delivery Subcommittee, and the Energy Storage 1000 Independence Ave. SW., and Energy Reliability, Department of Subcommittee. Washington, DC 20585. Phone number Energy. 202–287–5189, and email Michael.li@ ACTION: Notice of open meeting. Tentative Agenda: March 17, 2016 ee.doe.gov. 12:00 p.m.–1:00 p.m. EAC Leadership SUMMARY: This notice announces an SUPPLEMENTARY INFORMATION: Committee Meeting open meeting of the Electricity Advisory 12:00 p.m.–1:00 p.m. Registration Purpose of the Board: To make Committee. The Federal Advisory 1:00 p.m.–1:15 p.m. Welcome, recommendations to the Assistant Committee Act (Pub. L. 92–463, 86 Stat. Introductions, Developments since Secretary for the Office of Energy 770) requires that public notice of these the September 2015 Meeting Efficiency and Renewable Energy meetings be announced in the Federal 1:15 p.m.–1:30 p.m. Update on the regarding goals and objectives, Register. DOE Office of Electricity Delivery programmatic and administrative DATES: Thursday, March 17, 2016 and Energy Reliability’s Programs policies, and to otherwise carry out the 12:00 p.m.–6:00 p.m. EST. and Initiatives Board’s responsibilities as designated in Friday, March 18, 2016 8:00 a.m.– 1:30 p.m.–1:55 p.m. Update on the the State Energy Efficiency Programs 12:30 p.m. EST. Quadrennial Energy Reviews Improvement Act of 1990 (Pub. L. 101– ADDRESSES: The meeting will be held at 1:55 p.m.–2:20 p.m. Update on the 440). the National Rural Electric Cooperative DOE Grid Modernization Initiative Tentative Agenda: Meet with and hear Association, 4301 Wilson Blvd., 2:20 p.m.–2:30 p.m. EAC Member Discussion of the Grid from the Assistant Secretary of the Arlington, VA 22203. Modernization Initiative Working Office of Energy Efficiency and FOR FURTHER INFORMATION CONTACT: Matthew Rosenbaum, Office of Group Plans Renewable Energy, the two Deputy 2:30 p.m.–4:00 p.m. Panel: Valuation Assistant Secretary’s for Energy Electricity Delivery and Energy Reliability, U.S. Department of Energy, and Integration of DERs Efficiency and Renewable Energy, meet 4:00 p.m.–4:15 p.m. Break Forrestal Building, Room 8G–017, 1000 with the QER Team within the Office of 4:15 p.m.–5:00 p.m. Presentation from Independence Avenue SW., Energy Policy and Systems Analysis FERC Commissioner Cheryl LaFleur Washington, DC 20585; Telephone: (EPSA), engage with the Office of 5:00 p.m.–5:55 p.m. EAC Smart Grid (202) 586–1060 or Email: Technology Transitions, discuss Subcommittee Activities and Plans updates and provide recommendations [email protected]. 5:55 p.m.–6:00 p.m. Wrap-up and on the Weatherization Assistance SUPPLEMENTARY INFORMATION: Adjourn Day One of March 2016 Program, and update members of the Purpose of the Committee: The Meeting of the EAC Board on routine business matters. Electricity Advisory Committee (EAC) was re-established in July 2010, in Tentative Agenda: March 18, 2016 Public Participation: The meeting is accordance with the provisions of the 8:00 a.m.–9:00 a.m.–EAC Storage open to the public. Written statements Federal Advisory Committee Act Subcommittee Activities and Plans may be filed with the Board either (FACA), as amended, 5 U.S.C., App. 2, 9:00 a.m.–9:50 a.m.–EAC Power before or after the meeting. Members of to provide advice to the U.S. Delivery Subcommittee Activities the public who wish to make oral Department of Energy (DOE) in and Plans statements pertaining to agenda items implementing the Energy Policy Act of 9:50 a.m.–10:00 a.m.–Break should contact Monica Neukomm at the 2005, executing the Energy 10:00 a.m.–11:40 a.m.–Panel: address or telephone number listed Independence and Security Act of 2007, Interactions Between Public Policy above. Requests to make oral comments and modernizing the nation’s electricity and Wholesale Market Design must be received five days prior to the delivery infrastructure. The EAC is 11:40 a.m.–12:00 p.m. EAC Member meeting; reasonable provision will be composed of individuals of diverse Discussion of Clean Power Plan made to include requested topic(s) on background selected for their technical Working Group Activities and Plans the agenda. The Chair of the Board is expertise and experience, established 12:00 p.m.–12:10 p.m. Public empowered to conduct the meeting in a records of distinguished professional Comments fashion that will facilitate the orderly service, and their knowledge of issues 12:10 p.m.–12:30 p.m. Wrap-up and conduct of business. that pertain to electricity. Adjourn March 2016 Meeting of the Tentative Agenda: The meeting of the EAC Minutes: The minutes of the meeting EAC is expected to include an update The meeting agenda may change to will be available for public review and on the programs and initiatives of the accommodate EAC business. For EAC copying within 90 days on the STEAB DOE’s Office of Electricity Delivery and agenda updates, see the EAC Web site Web site, http://www.energy.gov/eere/ Energy Reliability and the Quadrennial at: http://energy.gov/oe/services/ steab/state-energy-advisory-board. Energy Reviews. The meeting is also electricity-advisory-committee-eac. Issued at Washington, DC, on February 5, expected to include a presentation from Public Participation: The EAC 2016. FERC Commissioner Cheryl LaFleur and welcomes the attendance of the public LaTanya Butler, panel discussions on valuation and at its meetings. Individuals who wish to integration of distributed energy offer public comments at the EAC Deputy Committee Management Officer. resources (DERs) and on interactions meeting may do so on Friday, March 18, [FR Doc. 2016–02796 Filed 2–11–16; 8:45 am] between public policy and wholesale 2016, but must register at the BILLING CODE 6450–01–P market design. Additionally, the registration table in advance. meeting is expected to include a Approximately 10 minutes will be discussion of the plans and activities of reserved for public comments. Time

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allotted per speaker will depend on the containing electronic files of the phone: 202–586–5562, email: number who wish to speak but is not submission. [email protected]. expected to exceed three minutes. Minutes: The minutes of the EAC SUPPLEMENTARY INFORMATION: Anyone who is not able to attend the meeting will be posted on the EAC Web Title: Generic Clearance for the meeting, or for whom the allotted public page at http://energy.gov/oe/services/ Collection of Qualitative Feedback on comments time is insufficient to address electricity-advisory-committee-eac. Agency Service Delivery. pertinent issues with the EAC, is invited They can also be obtained by contacting Abstract: The proposed information to send a written statement to Mr. Mr. Matthew Rosenbaum at the address collection activity provides a means to Matthew Rosenbaum. above. collect qualitative customer and You may submit comments, identified Issued in Washington, DC, on February 5, stakeholder feedback in an efficient, by ‘‘Electricity Advisory Committee 2016. timely manner, in accordance with the Open Meeting,’’ by any of the following LaTanya R. Butler, Administration’s commitment to methods: improving service delivery. • Mail/Hand Delivery/Courier: Deputy Committee Management Officer. Qualitative feedback means data that Matthew Rosenbaum, Office of [FR Doc. 2016–02793 Filed 2–11–16; 8:45 am] provide useful insights on perceptions Electricity Delivery and Energy BILLING CODE 6450–01–P and opinions, but are not statistical Reliability, U.S. Department of Energy, surveys that yield quantitative results Forrestal Building, Room 8G–017, 1000 that can be generalized to the Independence Avenue SW., DEPARTMENT OF ENERGY population of study. This feedback will Washington, DC 20585. Energy Information Administration • Email: matthew.rosenbaum@ provide insights into customer or stakeholder perceptions, experiences hq.doe.gov. Include ‘‘Electricity Agency Information Collection Advisory Committee Open Meeting’’ in and expectations. This feedback also Activities: Proposed Collection; provides an early warning of issues with the subject line of the message. Comment Request; Generic Clearance • Federal eRulemaking Portal: http:// service, or focuses attention on areas for the Collection of Qualitative where communication, training or www.regulations.gov. Follow the Feedback on Agency Service Delivery instructions for submitting comments. changes in operations might improve Instructions: All submissions received AGENCY: U.S. Energy Information the accuracy of data reported on survey must include the agency name and Administration (EIA), Department of instruments or the delivery of products identifier. All comments received will Energy. or services. These collections will allow for ongoing, collaborative and be posted without change to http:// ACTION: 30-Day Notice of Submission of actionable communications between the energy.gov/oe/services/electricity- Information Collection Approval from agency and its customers and advisory-committee-eac, including any the Office of Management and Budget stakeholders. It will also allow feedback personal information provided. and Request for Comments. • Docket: For access to the docket, to to contribute directly to the read background documents or SUMMARY: As part of a Federal improvement of program management. comments received, go to http:// Government-wide effort to streamline Feedback collected under this generic energy.gov/oe/services/electricity- the process to seek feedback from the clearance provides useful information, advisory-committee-eac. public on service delivery, EIA has but it does not yield data that can be The following electronic file formats submitted a Generic Information generalized to the overall population. are acceptable: Microsoft Word (.doc), Collection Request (Generic ICR): This type of generic clearance for Corel Word Perfect (.wpd), Adobe ‘‘Generic Clearance for the Collection of qualitative information will not be used Acrobat (.pdf), Rich Text Format (.rtf), Qualitative Feedback on Agency Service for quantitative information collections plain text (.txt), Microsoft Excel (.xls), Delivery’’’ to OMB for approval under that are designed to yield reliably and Microsoft PowerPoint (.ppt). If you the Paperwork Reduction Act (PRA) (44 actionable results, such as monitoring submit information that you believe to U.S.C. 3501 et. seq.). trends over time or documenting be exempt by law from public DATES: Comments must be submitted by program performance. Such data uses disclosure, you must submit one March 14, 2016. require more rigorous designs that complete copy, as well as one copy from ADDRESSES: Written comments may be address: The target population to which which the information claimed to be submitted to: generalizations will be made, the exempt by law from public disclosure sampling frame, the sample design DOE Desk Officer, Office of Information (including stratification and clustering), has been deleted. You must also explain and Regulatory Affairs, Office of the reasons why you believe the deleted the precision requirements or power Management and Budget, New calculations that justify the proposed information is exempt from disclosure. Executive Office Building, Room DOE is responsible for the final sample size, the expected response rate, 10102, 735 17th Street, NW., determination concerning disclosure or methods for assessing potential non- Washington, DC 20503. nondisclosure of the information and for response bias, the protocols for data treating it in accordance with the DOE’s and to collection, and any testing procedures Freedom of Information regulations (10 Jacob Bournazian, Energy Information that were or will be undertaken prior to CFR 1004.11). Administration, 1000 Independence fielding the study. Depending on the Note: Delivery of the U.S. Postal Avenue SW., Washington, DC 20585, degree of influence the results are likely Service mail to DOE may be delayed by or by fax at 202–586–0552, or by to have, such collections may still be several weeks due to security screening. email at [email protected]. eligible for submission for other generic DOE, therefore, encourages those FOR FURTHER INFORMATION CONTACT: mechanisms that are designed to yield wishing to comment to submit Requests for additional information quantitative results. comments electronically by email. If should be directed to Jacob Bournazian, The 60-day notice was published in comments are submitted by regular U.S. Energy Information the Federal Register of December 4, mail, the Department requests that they Administration, 1000 Independence 2015; it can be reviewed at https:// be accompanied by a CD or diskette Avenue SW., Washington, DC 20585, www.gpo.gov/fdsys/pkg/FR–2015–12–

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04/pdf/2015–30657.pdf. EIA proposes to Program; [email protected]; resource effects. Additionally, all dock reduce the burden hour estimate shown (208) 388–2964. applications would be required to meet in the 60-day notice from 25,000 hours i. FERC Contact: Krista Sakallaris, the IPC’s existing boat dock standards to 15,000 hours to reflect current (202) 502–6302, Krista.Sakallaris@ and applicants would be required to program needs. Below we provide EIA’s ferc.gov. obtain the required state and federal projected average estimates for the next j. Deadline for filing comments, permits and consult with specified three years: motions to intervene, and protests: resource agencies. Current Actions: New collection of March 8, 2015. l. Locations of the Application: A information. The Commission strongly encourages copy of the application is available for Type of Review: New Collection. electronic filing. Please file motions to inspection and reproduction at the Affected Public: Individuals and intervene, protests, comments, or Commission’s Public Reference Room, Households, Businesses and recommendations using the located at 888 First Street NE., Room Organizations, State, Local or Tribal Commission’s eFiling system at http:// 2A, Washington, DC 20426, or by calling Government. www.ferc.gov/docs-filing/efiling.asp. (202) 502–8371. This filing may also be Average Expected Annual Number of Commenters can submit brief comments viewed on the Commission’s Web site at Activities: 150. up to 6,000 characters, without prior http://www.ferc.gov using the Respondents: 100. registration, using the eComment system ‘‘eLibrary’’ link. Enter the docket Annual Responses: 15,000. at http://www.ferc.gov/docs-filing/ number excluding the last three digits in Frequency of Response: Once per ecomment.asp. You must include your the docket number field to access the request. name and contact information at the end document. You may also register online Average Minutes per Response: 60. of your comments. For assistance, at http://www.ferc.gov/docs-filing/ Burden Hours: 15,000. please contact FERC Online Support at esubscription.asp to be notified via An agency may not conduct or [email protected], (866) email of new filings and issuances sponsor, and a person is not required to 208–3676 (toll free), or (202) 502–8659 related to this or other pending projects. respond to, a collection of information (TTY). In lieu of electronic filing, please For assistance, call 1–866–208–3676 or unless it displays a currently valid send a paper copy to: Secretary, Federal email [email protected], for Office of Management and Budget Energy Regulatory Commission, 888 TTY, call (202) 502–8659. A copy is also control number. First Street NE., Washington, DC 20426. available for inspection and Statutory Authority: Executive Order (EO) The first page of any filing should reproduction at the address in item (h) 13571, Streamlining Service Delivery and include docket number P–2777–123. above. Agencies may obtain copies of Improving Customer Service. The Commission’s Rules of Practice the application directly from the Issued in Washington, DC on February 5, and Procedure require all intervenors applicant. 2016. filing documents with the Commission m. Individuals desiring to be included Nanda Srinivasan, to serve a copy of that document on on the Commission’s mailing list should Director, Office of Survey Development and each person whose name appears on the so indicate by writing to the Secretary Statistical Integration, U.S. Energy official service list for the project. of the Commission. Information Administration. Further, if an intervenor files comments n. Comments, Protests, or Motions to [FR Doc. 2016–02800 Filed 2–11–16; 8:45 am] or documents with the Commission Intervene: Anyone may submit BILLING CODE 6450–01–P relating to the merits of an issue that comments, a protest, or a motion to may affect the responsibilities of a intervene in accordance with the particular resource agency, they must requirements of Rules of Practice and DEPARTMENT OF ENERGY also serve a copy of the document on Procedure, 18 CFR 385.210, .211, .214, that resource agency. respectively. In determining the Federal Energy Regulatory k. Description of Request: Idaho appropriate action to take, the Commission Power Company (IPC) filed a five-year Commission will consider all protests or [Project No. 2777–123] compliance report for the project’s other comments filed, but only those approved land management plan as well who file a motion to intervene in Idaho Power Company; Notice of as proposed updates to the existing accordance with the Commission’s Application Accepted for Filing and plan. Updates include new land-use Rules may become a party to the Soliciting Comments, Motions To classification maps based off previously proceeding. Any comments, protests, or Intervene, and Protests approved changes and modifications to motions to intervene must be received the use classification of private boat on or before the specified comment date Take notice that the following docks on conservation and agriculture/ for the particular application. hydroelectric application has been filed grazing land. IPC proposes to change the o. Filing and Service of Documents: with the Commission and is available classification of private boat docks to Any filing must (1) bear in all capital for public inspection: ‘‘conditional’’ in both conservation and letters the title ‘‘COMMENTS’’, a. Application Type: Amendment to agriculture/grazing land-use areas, ‘‘PROTEST’’, or ‘‘MOTION TO Land Management Plan. which are currently listed as allowed INTERVENE’’ as applicable; (2) set forth b. Project No: 2777–123. c. Date Filed: December 29, 2015. and prohibited, respectively. To remain in the heading the name of the applicant d. Applicant: Idaho Power Company. consistent across projects, IPC proposes and the project number of the e. Name of Project: Upper Salmon the modification due to changes in land application to which the filing Falls Hydroelectric Project. ownership and land use patterns from responds; (3) furnish the name, address, f. Location: The project is located on open-range grazing to private/rural- and telephone number of the person the Snake River in Gooding and Twin residential uses in the project area, as commenting, protesting or intervening; Falls counties, Idaho. well as at this and several other IPC and (4) otherwise comply with the g. Filed Pursuant to: Federal Power projects. IPC states that by listing requirements of 18 CFR 385.2001 Act, 16 U.S.C. 791a–825r. private boat docks as conditional it through 385.2005. All comments, h. Applicant Contact: L. Lewis would review all applications to ensure motions to intervene, or protests must Wardle, Senior Biologist—Licensing the proposal does not have adverse set forth their evidentiary basis. Any

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filing made by an intervenor must be Service Agreement No. 1336 to be requirements, interventions, protests, accompanied by proof of service on all effective 1/8/2016. service, and qualifying facilities filings persons listed in the service list Filed Date: 2/5/16. can be found at: http://www.ferc.gov/ prepared by the Commission in this Accession Number: 20160205–5206. docs-filing/efiling/filing-req.pdf. For proceeding, in accordance with 18 CFR Comments Due: 5 p.m. ET 2/26/16. other information, call (866) 208–3676 385.2010. Docket Numbers: ER16–904–000. (toll free). For TTY, call (202) 502–8659. Dated: February 8, 2016. Applicants: Smith Creek Hydro, LLC. Dated: February 8, 2016. Nathaniel J. Davis, Sr., Description: Baseline eTariff Filing: Nathaniel J. Davis, Sr., Application for Market Based Rate Deputy Secretary. Deputy Secretary. Authority to be effective 4/1/2016. [FR Doc. 2016–02922 Filed 2–11–16; 8:45 am] [FR Doc. 2016–02926 Filed 2–11–16; 8:45 am] Filed Date: 2/5/16. BILLING CODE 6717–01–P Accession Number: 20160205–5216. BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 2/26/16. DEPARTMENT OF ENERGY Docket Numbers: ER16–905–000. DEPARTMENT OF ENERGY Applicants: Biofuels Washington, Federal Energy Regulatory LLC. Federal Energy Regulatory Commission Description: Notice of Market Based Commission Rate Tariff Cancellation of BioFuels [Docket No. EL16–38–000] Combined Notice of Filings #1 Washington, LLC. Filed Date: 2/5/16. Take notice that the Commission Dominion Energy Marketing, Inc., Accession Number: 20160205–5232. Dominion Energy Manchester Street, received the following exempt Comments Due: 5 p.m. ET 2/26/16. wholesale generator filings: Inc. v. ISO New England, Inc.; Notice of Docket Numbers: ER16–906–000. Complaint Docket Numbers: EG16–52–000. Applicants: PJM Interconnection, Applicants: South Plains Wind L.L.C., American Transmission Systems, Take notice that on February 5, 2016, Energy II, LLC. Incorporated. pursuant to sections 206 and 306 of the Description: Notice of Self- Description: Section 205(d) Rate Federal Power Act 1 and Rule 206 of the Certification of Exempt Wholesale Filing: ATSI submits Amended Federal Energy Regulatory Generator Status of South Plains Wind Interconnection Agreement Nos. 3992, Commission’s (Commission) Rules of Energy II, LLC. 3993, and 3994 to be effective 4/8/2016. Practice and Procedure, 18 CFR 385.206 Filed Date: 2/8/16. Filed Date: 2/8/16. (2015), Dominion Energy Marketing, Accession Number: 20160208–5065. Accession Number: 20160208–5045. Inc. and Dominion Energy Manchester Comments Due: 5 p.m. ET 2/29/16. Comments Due: 5 p.m. ET 2/29/16. Street, Inc. (DEMS) (collectively, Take notice that the Commission Docket Numbers: ER16–907–000. Complainants) filed a formal complaint received the following electric corporate Applicants: City Water, Light & against ISO New England, Inc. filings: Power-City of Springfield, IL. (Respondent) alleging that Respondent Docket Numbers: EC16–68–000. Description: Annual Informational violated its Transmission, Markets and Applicants: Smith Creek Hydro, LLC. Attachment O filing of City Water, Light Services Tariff in preventing new Description: Application of Smith & Power-City of Springfield, IL. incremental capacity at DEMS’ Creek Hydro, LLC for Authorization for Filed Date: 2/8/16. Manchester Street Station from Merger and Consolidation of Accession Number: 20160208–5073. participating in Respondent’s upcoming Jurisdictional Facilities, Acquisition of Comments Due: 5 p.m. ET 2/29/16. Forward Capacity Auction on February 8, 2016 for the 2019–2020 Capacity an Existing Generation Facility and Docket Numbers: ER16–908–000. Commitment Period, all as more fully Request for Expedited Action. Applicants: NorthWestern Filed Date: 2/5/16. explained in the complaint. Corporation. Dominion certifies that copies of the Accession Number: 20160205–5234. Description: Section 205(d) Rate Comments Due: 5 p.m. ET 2/26/16. complaint were served on contacts for Filing: SA 775—Montana DOT Utilities Respondent as listed on the Take notice that the Commission Agreement—Emerson Jct-Manchester to Commission’s list of Corporate Officials. received the following electric rate be effective 4/9/2016. Any person desiring to intervene or to filings: Filed Date: 2/8/16. protest this filing must file in Docket Numbers: ER16–208–002. Accession Number: 20160208–5075. accordance with Rules 211 and 214 of Applicants: Midcontinent Comments Due: 5 p.m. ET 2/29/16. the Commission’s Rules of Practice and Independent System Operator, Inc., ITC The filings are accessible in the Procedure (18 CFR 385.211 and Midwest LLC, International Commission’s eLibrary system by 385.214). Protests will be considered by Transmission Company, Michigan clicking on the links or querying the the Commission in determining the Electric Transmission Company, LLC. docket number. appropriate action to be taken, but will Description: Compliance filing: 2016– Any person desiring to intervene or not serve to make protestants parties to 02–08_ITC, ITCM, METC Att O protest in any of the above proceedings the proceeding. Any person wishing to Compliance Filing to be effective must file in accordance with Rules 211 become a party must file a notice of 1/1/2016. and 214 of the Commission’s intervention or motion to intervene, as Filed Date: 2/8/16. Regulations (18 CFR 385.211 and appropriate. The Respondent’s answer Accession Number: 20160208–5070. 385.214) on or before 5:00 p.m. Eastern and all interventions, or protests must Comments Due: 5 p.m. ET 2/29/16. time on the specified comment date. be filed on or before the comment date. Docket Numbers: ER16–903–000. Protests may be considered, but The Respondent’s answer, motions to Applicants: Ohio Power Company, intervention is necessary to become a intervene, and protests must be served PJM Interconnection, L.L.C. party to the proceeding. on the Complainants. Description: Section 205(d) Rate eFiling is encouraged. More detailed Filing: AEP submits 47th Revised information relating to filing 1 16 U.S.C. 824e and 825e (2012).

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The Commission encourages Accession Number: 20160203–5170. Comments Due: 5 p.m. ET 2/16/16. electronic submission of answers, Comments Due: 5 p.m. ET 2/16/16. Any person desiring to protest in any protests and interventions in lieu of Docket Numbers: RP16–585–000. of the above proceedings must file in paper using the ‘‘eFiling’’ link at http:// Applicants: Enable Mississippi River accordance with Rule 211 of the www.ferc.gov. Persons unable to file Transmission, L. Commission’s Regulations (18 CFR electronically should submit an original Description: Section 4(d) Rate Filing: 385.211) on or before 5:00 p.m. Eastern and 5 copies of the protest or Negotiated Rate Filing to Amend LER time on the specified comment date. intervention to the Federal Energy 5680’s Attachment A_02_03_16 to be The filings are accessible in the Regulatory Commission, 888 First Street effective 2/3/2016. Commission’s eLibrary system by NE., Washington, DC 20426. Filed Date: 2/3/16. clicking on the links or querying the This filing is accessible on-line at Accession Number: 20160203–5214. docket number. http://www.ferc.gov, using the Comments Due: 5 p.m. ET 2/16/16. eFiling is encouraged. More detailed ‘‘eLibrary’’ link and is available for Docket Numbers: RP16–586–000. information relating to filing review in the Commission’s Public Applicants: Columbia Gas requirements, interventions, protests, Reference Room in Washington, DC. Transmission, LLC. service, and qualifying facilities filings There is an ‘‘eSubscription’’ link on the Description: Section 4(d) Rate Filing: can be found at: http://www.ferc.gov/ Web site that enables subscribers to Neg Rate Service Agmts—Pauley to be docs-filing/efiling/filing-req.pdf. For receive email notification when a effective 2/1/2016. other information, call (866) 208–3676 document is added to a subscribed Filed Date: 2/3/16. (toll free). For TTY, call (202) 502–8659. docket(s). For assistance with any FERC Accession Number: 20160203–5244. Dated: February 4, 2016. Online service, please email Comments Due: 5 p.m. ET 2/16/16. Nathaniel J. Davis, Sr., [email protected], or call Any person desiring to intervene or Deputy Secretary. (866) 208–3676 (toll free). For TTY, call protest in any of the above proceedings (202) 502–8659. must file in accordance with Rules 211 [FR Doc. 2016–02923 Filed 2–11–16; 8:45 am] Comment Date: 5:00 p.m. Eastern and 214 of the Commission’s BILLING CODE 6717–01–P Time on February 25, 2016. Regulations (18 CFR 385.211 and Dated: February 8, 2016. 385.214) on or before 5:00 p.m. Eastern DEPARTMENT OF ENERGY Nathaniel J. Davis, Sr., time on the specified comment date. Deputy Secretary. Protests may be considered, but Federal Energy Regulatory [FR Doc. 2016–02924 Filed 2–11–16; 8:45 am] intervention is necessary to become a Commission party to the proceeding. BILLING CODE 6717–01–P [Project No. 1388–077] Filings in Existing Proceedings Southern California Edison Company; DEPARTMENT OF ENERGY Docket Numbers: RP15–65–005. Applicants: Gulf South Pipeline Notice of Application Accepted for Filing, Soliciting Comments, Motions Federal Energy Regulatory Company, LP. To Intervene, and Protests Commission Description: Compliance filing Settlement Compliance Tariff Records to Take notice that the following Combined Notice of Filings be effective 3/1/2016. hydroelectric application has been filed Filed Date: 1/29/16. Take notice that the Commission has with the Commission and is available Accession Number: 20160129–5209. for public inspection: received the following Natural Gas Comments Due: 5 p.m. ET 2/10/16. Pipeline Rate and Refund Report filings: a. Type of Application: Application Docket Numbers: RP15–1331–001. for Temporary Variance of Minimum Filings Instituting Proceedings Applicants: Texas Eastern Pool Requirement. Docket Numbers: RP16–544–000. Transmission, LP. b. Project No.: 1388–077. Applicants: Southern Natural Gas Description: Compliance filing Update c. Date Filed: January 27, 2016. Company, L.L.C. to Non-conforming Agreements for the d. Applicant: Southern California Description: Compliance filing Order OPEN Project. Edison Company (licensee). No. 587–W Compliance to be effective Filed Date: 2/3/16. e. Name of Project: Lee Vining. 4/1/2016. Accession Number: 20160203–5135. f. Location: Lee Vining Creek in Mono Filed Date: 2/1/16. Comments Due: 5 p.m. ET 2/16/16. County, California. Accession Number: 20160201–5441. Docket Numbers: RP16–576–001. g. Filed Pursuant to: Federal Power Comments Due: 5 p.m. ET 2/16/16. Applicants: Cimarron River Pipeline, Act, 16 U.S.C. 791(a)-825(r). Docket Numbers: RP16–583–000. LLC. h. Applicant Contact: Mr. Matthew Applicants: Northern Natural Gas Description: Compliance filing Woodhall, Southern California Edison Company. NAESB 3.0 Correction Filing to be Company, 1515 Walnut Grove Avenue, Description: Section 4(d) Rate Filing: effective 4/1/2016. Rosemead, CA 91770, (626) 302–9596, 20160203 Negotiated Rate to be effective Filed Date: 2/3/16. [email protected]. 2/4/2016. Accession Number: 20160203–5237. i. FERC Contact: Mr. John Aedo, (415) Filed Date: 2/3/16. Comments Due: 5 p.m. ET 2/16/16. 369–3335, or [email protected]. Accession Number: 20160203–5083. Docket Numbers: RP16–579–001. j. Deadline for filing comments, Comments Due: 5 p.m. ET 2/16/16. Applicants: Dauphin Island Gathering motions to intervene, protests, and Docket Numbers: RP16–584–000. Partners. recommendations is March 9, 2016. The Applicants: WestGas InterState, Inc. Description: Compliance filing Commission strongly encourages Description: Compliance filing NAESB 3.0 Correction to be effective electronic filing. Please file motions to 20160203_WGI 587–W NAESB 4/1/2016. intervene, protests, comments, or Standards to be effective 4/1/2016. Filed Date: 2/3/16. recommendations using the Filed Date: 2/3/16. Accession Number: 20160203–5240. Commission’s eFiling system at http://

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www.ferc.gov/docs-filing/efiling.asp. requirements of Rules of Practice and ENVIRONMENTAL PROTECTION Commenters can submit brief comments Procedure, 18 CFR 385.210, .211, .214. AGENCY up to 6,000 characters, without prior In determining the appropriate action to registration, using the eComment system [EPA–HQ–OAR–2016–0027; FRL–9942–40– take, the Commission will consider all OAR] at http://www.ferc.gov/docs-filing/ protests or other comments filed, but ecomment.asp. You must include your only those who file a motion to Agency Information Collection name and contact information at the end intervene in accordance with the Activities: Information Collection of your comments. For assistance, Commission’s Rules may become a Request (ICR) for On-Highway please contact FERC Online Support at party to the proceeding. Any comments, Motorcycle Certification and [email protected], (866) protests, or motions to intervene must Compliance Program; EPA ICR 208–3676 (toll free), or (202) 502–8659 be received on or before the specified Number 2535.01, OMB Control (TTY). In lieu of electronic filing, please Number–2060–NEW send a paper copy to: Secretary, Federal comment date for the particular Energy Regulatory Commission, 888 application. AGENCY: Environmental Protection First Street NE., Washington, DC 20426. o. Filing and Service of Responsive Agency (EPA). Please include the project number (P– Documents: Any filing must (1) bear in ACTION: Notice. 1388–077) on any comments, motions to all capital letters the title intervene, protests, or recommendations ‘‘COMMENTS’’, ‘‘PROTEST’’, or SUMMARY: The Environmental Protection filed. ‘‘MOTION TO INTERVENE’’ as Agency (EPA) is planning to submit an k. Description of Request: The applicable; (2) set forth in the heading Information Collection Request (ICR) for licensee requests Commission approval the name of the applicant and the on-highway motorcycle emissions certification and compliance’’ to the for a variance of the minimum pool project number of the application to Office of Management and Budget requirement at Tioga Lake, which which the filing responds; (3) furnish requires that the licensee maintain the (OMB) for review and approval in the name, address, and telephone lake level within two feet of the accordance with the Paperwork number of the person protesting or spillway or, in dry years, at its peak for Reduction Act (44 U.S.C. 3501 et seq.). the year from May 1 through September intervening; and (4) otherwise comply Before submitting the ICR to OMB for 30. In order to facilitate maintenance with the requirements of 18 CFR review and approval, EPA is soliciting work on the grizzly and outlet works, 385.2001 through 385.2005. All comments on specific aspects of the the licensee requests Commission comments, motions to intervene, or proposed information collection as approval to begin draining the lake protests must set forth their evidentiary described below. The current ICR, under starting August 1, 2016, instead of the basis and otherwise comply with the which on-highway motorcycles are October 1 commencement date. The requirements of 18 CFR 4.34(b). All included, is scheduled to expire on associated maintenance work would comments, motions to intervene, or September 30, 2016. An agency may not occur from September 6 to October 31, protests should relate to project works conduct or sponsor and a person is not 2016, during which, the licensee would which are the subject of the license required to respond to a collection of maintain natural flow through the outlet surrender. Agencies may obtain copies information unless it displays a works. of the application directly from the currently valid OMB control number. l. Locations of the Application: A applicant. A copy of any protest or DATES: Comments must be submitted on copy of the application is available for motion to intervene must be served or before April 12, 2016. inspection and reproduction at the upon each representative of the ADDRESSES: Submit your comments, Commission’s Public Reference Room, applicant specified in the particular referencing docket ID number OAR– located at 888 First Street NE., Room application. If an intervener files 2016–0027, to EPA online using 2A, Washington, DC 20426, or by calling comments or documents with the EDOCKET (our preferred method), by (202) 502–8371. This filing may also be email to a-and-rdocket@ viewed on the Commission’s Web site at Commission relating to the merits of an epamail.epa.gov, or by mail to: EPA http://www.ferc.gov/docs-filing/ issue that may affect the responsibilities Docket Center, Environmental elibrary.asp. Enter the docket number of a particular resource agency, they Protection Agency, Air and Radiation excluding the last three digits in the must also serve a copy of the document Docket, Environmental Protection docket number field to access the on that resource agency. A copy of all Agency, Mailcode: 6102T, 1200 document. You may also register online other filings in reference to this Pennsylvania Ave. NW., Washington, at http://www.ferc.gov/docs-filing/ application must be accompanied by DC 20460. esubscription.asp to be notified via proof of service on all persons listed in email of new filings and issuances the service list prepared by the FOR FURTHER INFORMATION CONTACT: related to this or other pending projects. Commission in this proceeding, in Julian Davis, Environmental Protection For assistance, call 1–866–208–3676 or accordance with 18 CFR 4.34(b) and Agency, 2000 Traverwood, Ann Arbor email [email protected], for 385.2010. MI 48105; telephone number: (734) 214– 4029; fax number: (734) 214–4869; TTY, call (202) 502–8659. A copy is also Dated: February 8, 2016. available for inspection and email address: [email protected]. reproduction at the address in item (h) Nathaniel J. Davis, Sr., SUPPLEMENTARY INFORMATION: EPA has above. Deputy Secretary. established a public docket for this ICR m. Individuals desiring to be included [FR Doc. 2016–02925 Filed 2–11–16; 8:45 am] under Docket ID number OAR–2016– on the Commission’s mailing list should BILLING CODE 6717–01–P 0027, which is available for public so indicate by writing to the Secretary viewing at the Air and Radiation Docket of the Commission. in the EPA Docket Center (EPA/DC), n. Comments, Protests, or Motions to EPA West, Room B102, 1301 Intervene: Anyone may submit Constitution Ave. NW., Washington, comments, a protest, or a motion to DC. The EPA Docket Center Public intervene in accordance with the Reading Room is open from 8:30 a.m. to

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4:30 p.m., Monday through Friday, demonstrated. After a certificate of information to or for a Federal agency. excluding legal holidays. The telephone conformity has been issued, the Agency This includes the time needed to review number for the Reading Room is (202) may request additional information to instructions; develop, acquire, install, 566–1744, and the telephone number for verify that the product continues to and utilize technology and systems for the Air and Radiation Docket is (202) meet its certified emissions standards the purposes of collecting, validating, 566–1744. An electronic version of the throughout its useful life. An agency and verifying information, processing public docket is available through EPA may not conduct or sponsor, and a and maintaining information, and Dockets (EDOCKET) at http:// person is not required to respond to, a disclosing and providing information; www.epa.gov/edocket. Use EDOCKET to collection of information unless it adjust the existing ways to comply with obtain a copy of the draft collection of displays a currently valid OMB control any previously applicable instructions information, submit or view public number. The OMB control numbers for and requirements; train personnel to be comments, access the index listing of EPA’s regulations in 40 CFR are listed able to respond to a collection of the contents of the public docket, and to in 40 CFR part 9. The EPA would like information; search data sources; access those documents in the public to solicit comments to: complete and review the collection of docket that are available electronically. (i) Evaluate whether the proposed information; and transmit or otherwise Once in the system, select ‘‘search,’’ collection of information is necessary disclose the information. then key in the docket ID number for the proper performance of the Respondents/Affected Entities: identified above. Any comments related functions of the Agency, including Entities potentially affected by this to this ICR should be submitted to EPA whether the information will have action are on-highway motorcycles within 60 days of this notice. EPA’s practical utility; manufacturers and importers. policy is that public comments, whether (ii) Evaluate the accuracy of the Estimated Number of Respondents: submitted electronically or in paper, Agency’s estimate of the burden of the 74. will be made available for public proposed collection of information, Frequency of Response: Quarterly and viewing in EDOCKET as EPA receives including the validity of the annually. them and without change, unless the methodology and assumptions used; Estimated Total Annual Hour Burden: comment contains copyrighted material, (iii) Enhance the quality, utility, and 3,594. CBI, or other information whose public clarity of the information to be Estimated Total Annual Cost: disclosure is restricted by statute. When collected; and $386,088, which includes $151,150 EPA identifies a comment containing (iv) Minimize the burden of the annualized operation and maintenance copyrighted material, EPA will provide collection of information on those who costs, $113,834 annualized capital/ a reference to that material in the are to respond, including through the startup costs, and $168,614 annual labor version of the comment that is placed in use of appropriate automated electronic, costs. These estimates reflect an update EDOCKET. The entire printed comment, mechanical, or other technological to the previous cost estimates for on- including the copyrighted material, will collection techniques or other forms of highway motorcycles previously culled be available in the public docket. information technology, e.g., permitting and compiled for the current ICR for Although identified as an item in the electronic submission of responses. light-duty vehicle emissions official docket, information claimed as EPA will consider the comments certification and in-use testing. received and amend the ICR as CBI, or whose disclosure is otherwise Dated: February 8, 2016. appropriate. The final ICR package will restricted by statute, is not included in Byron J. Bunker, the official public docket, and will not then be submitted to OMB for review Director, Compliance Division, Office of be available for public viewing in and approval. At that time, EPA will issue another Federal Register notice to Transportation and Air Quality, Office of Air EDOCKET. For further information and Radiation. announce the submission of the ICR to about the electronic docket, see EPA’s [FR Doc. 2016–02956 Filed 2–11–16; 8:45 am] Federal Register notice describing the OMB and the opportunity to submit BILLING CODE 6560–50–P electronic docket at 67 FR 38102 (May additional comments to OMB. 31, 2002), or go to http://www.epa.gov./ The current ICR for on-highway motorcycle emissions certification and edocket. ENVIRONMENTAL PROTECTION compliance information is set to expire Affected entities: Entities potentially AGENCY affected by this action are on-highway on September 30, 2016. This program motorcycle manufacturers and was previously included under the [EPA–HQ–OARM–2011–0997; FRL–9939– importers. current ICR for light-duty vehicle 93–OEI] Title: Information Collection Request emissions certification and in-use Information Collection Request (ICR) for On-Highway Motorcycle testing [EPA ICR No. 0783.62, OMB Certification and Compliance Program. Control No. 2060–0104]. Submitted to OMB for Review and Abstract: Under the Clean Air Act (42 Burden Statement: EPA estimates that Approval; Comment Request; U.S.C. 7521 et seq.) manufacturers and 74 respondents will submit information Recordkeeping and Reporting Related importers of on-highway motorcycles each year spending a total of 542,118 to RFS2 Voluntary RIN Quality must have a certificate of conformity hours and incurring an annualized cost Assurance Program (Renewal) issued by EPA covering any vehicle they of 10.9 million dollars. The average AGENCY: Environmental Protection intend to offer for sale in the United burden per respondent varies greatly; it Agency (EPA). States. A certificate of conformity is a function of the diversity of the ACTION: Notice. represents that the respective vehicle products produced or imported. (A conforms to all applicable emissions large, diversified motor vehicle SUMMARY: The Environmental Protection requirements. In issuing a certificate of manufacturer will have a much greater Agency has submitted an information conformity, EPA reviews vehicle burden than a small importer of a few collection request (ICR), information and emissions test data to identical vehicles.) Burden means the ‘‘Recordkeeping and Reporting Related determine if the required testing has total time, effort, or financial resources to RFS2 Voluntary RIN Quality been performed and the required expended by persons to generate, Assurance Program’’ (EPA ICR No. emissions levels have been maintain, retain, or disclose or provide 2473.03, OMB Control No. 2060–0688)

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to the Office of Management and Budget Clean Air Act (CAA) section 211(o) ENVIRONMENTAL PROTECTION (OMB) for review and approval in which were added through the Energy AGENCY accordance with the Paperwork Policy Act of 2005 (EPAct). The [ER–FRL–9025–5] Reduction Act (44 U.S.C. 3501 et seq.). statutory requirements for the RFS This is a proposed revision of the ICR, program were subsequently modified Environmental Impact Statements; which is currently approved through through the Energy Independence and Notice of Availability 12/31/2017. Public comments were Security act of 2007 (EISA), resulting in previously requested via the Federal the promulgation of major revisions to Responsible Agency: Office of Federal Register (80 FR 30455) on May 28, 2015 the regulatory requirements on March Activities, General Information (202) during a 60-day comment period. This 26, 2010. The RFS program requires that 564–7146 or http://www2.epa.gov/nepa. notice allows for an additional 30 days specified volumes of renewable fuel be Weekly receipt of Environmental for public comments. A fuller used as transportation fuel, heating oil, Impact Statements (EISs), Filed 02/01/ 2016 Through 02/05/2016, Pursuant to description of the ICR is given below, and/or jet fuel each year. To accomplish 40 CFR 1506.9. including its estimated burden and cost this, the Environmental Protection to the public. An Agency may not Agency (EPA) publishes applicable Notice conduct or sponsor and a person is not percentage standards annually that Section 309(a) of the Clean Air Act required to respond to a collection of apply to the sum of all gasoline and information unless it displays a requires that EPA make public its diesel produced or imported. Obligated currently valid OMB control number. comments on EISs issued by other parties demonstrate compliance with Federal agencies. EPA’s comment letters DATES: Additional comments may be the standards through the acquisition of submitted on or before March 14, 2016. on EISs are available at: http:// unique Renewable Identification cdxnodengn.epa.gov/cdx-nepa-public/ ADDRESSES: Submit your comments, Numbers (RINs) assigned by the action/eis/search. referencing Docket ID Number EPA– producer or importer to every batch of HQ–OAR–2005–1121, to (1) EPA online EIS No. 20160028, Final, FHWA, WI, I– renewable fuel produced or imported. 94 East-West Corridor (70th St—16th using www.regulations.gov (our This regulation will help EPA to preferred method), by email to a-and-r- St) Project, Review Period Ends: 03/ monitor compliance with the RFS 14/2016, Contact: Michael Davies, [email protected], or by mail to: EPA program and will ensure that the RIN Docket Center, Environmental 608–829–7500. system operates as originally intended. EIS No. 20160029, Final, BPA, WA, I– Protection Agency, Mail Code 28221T, The data generated by the Quality 5 Corridor Reinforcement Project, 1200 Pennsylvania Ave. NW., Assurance Plan (QAP) program will Review Period Ends: 03/14/2016, Washington, DC 20460, and (2) OMB via assist obligated parties and smaller Contact: Nancy A. Wittpenn 503–230– email to [email protected]. renewable fuel producers to comply 3297. Address comments to OMB Desk Officer with the requirements of the RFS for EPA. program by supporting the validity of Amended Notices EPA’s policy is that all comments RINs. EIS No. 20150346, Draft, OSM, TN, received will be included in the public North Cumberland Wildlife docket without change including any Form Numbers: EPA Forms 5900–354, 5900–355, 5900–356, 5900–323, 5900– Management Area, Tennessee, Lands personal information provided, unless Unsuitable for Mining, Comment the comment includes profanity, threats, 357, 5900–358, 5900–359, 5900–360, and 5900–361. Period Ends: 02/26/2016, Contact: information claimed to be Confidential Earl Bandy 865–545–4103 ext. 130, Business Information (CBI) or other Respondents/affected entities: Revision to FR Notice Published 12/ information whose disclosure is Respondent’s obligation to respond: 11/2015; OSM reopened the comment restricted by statute. Voluntary (40 CFR part 80). period that ended 01/025/2016 and FOR FURTHER INFORMATION CONTACT: extended to 02/26/2016. Geanetta Heard, Fuel Compliance Estimated number of respondents: Center, 64106J, Environmental 1,222 (total). Dated: February 9, 2016. Protection Agency, 1200 Pennsylvania Frequency of response: Quarterly, Dawn Roberts, Ave. NW., Washington, DC 20460; yearly and semiannually. Management Analyst, NEPA Compliance Division, Office of Federal Activities. telephone number: 202–343–9017; fax Total estimated burden: 26,830 hours [FR Doc. 2016–02937 Filed 2–11–16; 8:45 am] number: 202–565–2085; email address: (per year). Burden is defined at 5 CFR [email protected]. 1320.03(b). BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: Supporting documents which explain in Total estimated cost: $2,984,207 (per detail the information that the EPA will year), includes $0 annualized capital or ENVIRONMENTAL PROTECTION be collecting are available in the public operation & maintenance costs. AGENCY docket for this ICR. The docket can be Changes in the Estimates: There is a [EPA–HQ–OAR–2006–0407; FRL–9941–79– viewed online at www.regulations.gov decrease of 236,914 hours in the total OEI] or in person at the EPA Docket Center, estimated respondent burden compared WJC West, Room 3334, 1301 with the ICR currently approved by Information Collection Request Constitution Ave. NW., Washington, OMB. This is due to a reduction in Submitted to OMB for Review and DC. The telephone number for the burden hours due to EMTS system’s Approval; Comment Request; EPA’s Docket Center is 202–566–1744. For automation structure. ENERGY STAR Program in the additional information about EPA’s Commercial and Industrial Sectors public docket, visit http://www.epa.gov/ Courtney Kerwin, (Revision) dockets. Acting Director, Collection Strategies Division. AGENCY: Environmental Protection Abstract: The Renewable Fuel Agency (EPA). Standard (RFS) program began in 2006 [FR Doc. 2016–02921 Filed 2–11–16; 8:45 am] ACTION: Notice. pursuant to the requirements in the BILLING CODE 6560–50–P

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SUMMARY: The Environmental Protection DC. The telephone number for the Frequency of response: One-time, Agency has submitted an information Docket Center is 202–566–1744. For annually, or on occasion. collection request (ICR), ‘‘EPA’s additional information about EPA’s Total estimated burden: 254,084 ENERGY STAR Program in the public docket, visit http://www.epa.gov/ hours (per year). Burden is defined at 5 Commercial and Industrial Sectors’’ dockets. CFR 1320.03(b) (EPA ICR No. 1772.07, OMB Control No. Abstract: EPA created ENERGY STAR Total estimated cost: $21,784,161 (per 2060–0347) to the Office of Management as a voluntary program to help year), includes $10,827,727 in and Budget (OMB) for review and businesses and individuals protect the annualized capital or operation & approval in accordance with the environment through superior energy maintenance costs. Paperwork Reduction Act (44 U.S.C. efficiency. The program focuses on Changes in the estimates: There is an 3501 et seq.). This is a proposed reducing utility-generated emissions by increase of 59,575 hours in the total revision of the ICR, which is currently reducing the demand for energy. In estimated respondent burden compared approved through March 31, 2016. 1991, EPA launched the Green Lights with the ICR currently approved by Public comments were previously Program to encourage corporations, state OMB. This increase is due to program requested via the Federal Register (80 and local governments, colleges and growth. FR 43770) on July 23, 2015 during a 60- universities, and other organizations to Courtney Kerwin, day comment period. This notice allows adopt energy-efficient lighting as a for an additional 30 days for public profitable means of preventing pollution Acting Director, Collection Strategies comments. A fuller description of the and improving lighting quality. Since Division. ICR is given below, including its then, EPA has rolled Green Lights into [FR Doc. 2016–02919 Filed 2–11–16; 8:45 am] estimated burden and cost to the public. ENERGY STAR and expanded ENERGY BILLING CODE 6560–50–P An Agency may not conduct or sponsor STAR to encompass organization-wide and a person is not required to respond energy performance improvement, such ENVIRONMENTAL PROTECTION to a collection of information unless it as building technology upgrades, AGENCY displays a currently valid OMB control product purchasing initiatives, and number. employee training. At the same time, [EPA–HQ–OAR–2003–0078; FRL–9940–65– DATES: Additional comments may be EPA has streamlined the reporting OEI] submitted on or before March 14, 2016. requirements of ENERGY STAR and Information Collection Request ADDRESSES: Submit your comments, focused on providing incentives for improvements (e.g., ENERGY STAR Submitted to OMB for Review and referencing Docket ID Number EPA– Approval; Comment Request; HQ–OAR–2006–0407, to (1) EPA online Awards Program). To join ENERGY STAR, organizations Proposed Information Collection using www.regulations.gov (our are asked to complete a Partnership Request; Landfill Methane Outreach preferred method), by email to a-and-r- Letter or Agreement that establishes Program (Renewal) [email protected], or by mail to: EPA their commitment to energy efficiency. Docket Center, Environmental AGENCY: Partners agree to undertake efforts such Environmental Protection Protection Agency, Mail Code 28221T, as measuring, tracking, and Agency (EPA). 1200 Pennsylvania Ave. NW., benchmarking their organization’s ACTION: Notice. Washington, DC 20460, and (2) OMB via energy performance by using tools such email to [email protected]. SUMMARY: The Environmental Protection as those offered by ENERGY STAR; Address comments to OMB Desk Officer Agency has submitted an information developing and implementing a plan to for EPA. collection request (ICR), ‘‘Landfill EPA’s policy is that all comments improve energy performance in their Methane Outreach Program’’ (EPA ICR received will be included in the public facilities and operations by adopting a No. 1849.07 OMB Control No. 2060– docket without change including any strategy provided by ENERGY STAR; 0446) to the Office of Management and personal information provided, unless and educating staff and the public about Budget (OMB) for review and approval the comment includes profanity, threats, their Partnership with ENERGY STAR, in accordance with the Paperwork information claimed to be Confidential and highlighting achievements with the Reduction Act (44 U.S.C. 3501 et seq.). Business Information (CBI) or other ENERGY STAR, where available. In This is a proposed extension of the ICR, information whose disclosure is addition, Partners and any other which is currently approved through restricted by statute. interested party can evaluate the March 31, 2016. Public comments were efficiency of their buildings using EPA’s FOR FURTHER INFORMATION CONTACT: previously requested via the Federal online tools (e.g., Portfolio Manager) Stephanie Klein, Climate Protection Register (80 FR 61210) on Friday, and apply for recognition. October 9, 2015 during a 60-day Partnerships Division, Mail Code: Form numbers: 5900–19, 5900–21, comment period. This notice allows for 6202A, Environmental Protection 5900–22, 5900–33, 5900–89, 5900–195, an additional 30 days for public Agency, 1200 Pennsylvania Ave. NW., 5900–197, 5900–198, 5900–262, 5900– comments. A fuller description of the Washington, DC 20460; telephone 263, 5900–264, 5900–265, 5900–375, ICR is given below, including its number: 202–343–9144; fax number: 5900–376, 5900–377, 5900–378, 5900– estimated burden and cost to the public. 202–343–2204; email address: 379, 5900–380, 5900–381, 5900–382, An Agency may not conduct or sponsor [email protected]. 5900–383, 5900–384, 5900–385, 5900– and a person is not required to respond SUPPLEMENTARY INFORMATION: 386, and 5900–387. to a collection of information unless it Supporting documents which explain in Respondents/affected entities: Entities displays a currently valid OMB control detail the information that the EPA will affected by this action are participants number. be collecting are available in the public in EPA’s ENERGY STAR Program in the docket for this ICR. The docket can be Commercial and Industrial Sectors. DATES: Additional comments may be viewed online at www.regulations.gov Respondent’s obligation to respond: submitted on or before March 14, 2016. or in person at the EPA Docket Center, Voluntary. ADDRESSES: Submit your comments, WJC West Building, Room 3334, 1301 Estimated number of respondents: referencing Docket ID Number EPA– Constitution Ave. NW., Washington, 51,515 (total). HQ–OAR–2003–0078, to (1) EPA online

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using www.regulations.gov (our The information collection includes SUMMARY: As part of its continuing effort preferred method), by email to a-and- completion and submission of the MOU, to reduce paperwork burdens, and as [email protected], or by mail to: EPA periodic information updates, and required by the Paperwork Reduction Docket Center, Environmental annual completion and submission of Act (PRA) of 1995 (44 U.S.C. 3501– Protection Agency, Mail Code 28221T, basic information on landfill methane 3520), the Federal Communications 1200 Pennsylvania Ave. NW., projects with which the organizations Commission (FCC or the Commission) Washington, DC 20460, and (2) OMB via are involved as an effort to update the invites the general public and other email to [email protected]. LMOP Landfill and Landfill Gas Energy Federal agencies to take this Address comments to OMB Desk Officer Project Database. The information opportunity to comment on the for EPA. collection is to be utilized to maintain following information collection. EPA’s policy is that all comments up-to-date data and information about Comments are requested concerning: received will be included in the public LMOP Partners and LFG energy projects whether the proposed collection of docket without change including any with which they are involved. The data information is necessary for the proper personal information provided, unless will also be used by the public to access performance of the functions of the the comment includes profanity, threats, LFG energy project development Commission, including whether the information claimed to be Confidential opportunities in the United States. In information shall have practical utility; Business Information (CBI) or other addition, the information collection will the accuracy of the Commission’s information whose disclosure is assist LMOP in evaluating the reduction burden estimate; ways to enhance the restricted by statute. of methane emissions from landfills. quality, utility, and clarity of the FOR FURTHER INFORMATION CONTACT: Form Numbers: 5900–157, 5900–158, information collected; ways to minimize Swarupa Ganguli, Climate Change 5900–159, 5900–160, 5900–161, and the burden of the collection of Division, Office of Atmospheric 5900–162. information on the respondents, Respondents/affected entities: Private Programs, 6207A, Environmental including the use of automated companies and municipalities that own Protection Agency, 1200 Pennsylvania collection techniques or other forms of or operate landfills; manufacturers and Ave. NW., Washington, DC 20460; information technology; and ways to suppliers of equipment/knowledge to telephone number: (202) 343–9732; fax further reduce the information capture and utilize LFG; utility number: (202) 343–2342; email address: collection burden on small business companies; end-users of energy from [email protected]. concerns with fewer than 25 employees. landfills; developers of LFG energy The FCC may not conduct or sponsor a SUPPLEMENTARY INFORMATION: projects; State agencies; and other LFG Supporting documents which explain in collection of information unless it energy stakeholders. displays a currently valid control detail the information that the EPA will Respondent’s obligation to respond: number. No person shall be subject to be collecting are available in the public Voluntary. docket for this ICR. The docket can be Estimated number of respondents: any penalty for failing to comply with viewed online at www.regulations.gov 1,135. a collection of information subject to the or in person at the EPA Docket Center, Frequency of response: On occasion. PRA that does not display a valid Office WJC West, Room 3334, 1301 Total estimated burden: 2,522 hours of Management and Budget (OMB) Constitution Ave. NW., Washington, (per year). Burden is defined at 5 CFR control number. DC. The telephone number for the 1320.03(b). DATES: Written PRA comments should Docket Center is 202–566–1744. For Total estimated cost: $196,272 (per be submitted on or before April 12, additional information about EPA’s year), includes $0 annualized capital or 2016. If you anticipate that you will be public docket, visit http://www.epa.gov/ operation & maintenance costs. submitting comments, but find it dockets. Changes in the Estimates: There is a difficult to do so within the period of Abstract: The Landfill Methane decrease of 1,694 hours in the total time allowed by this notice, you should Outreach Program (LMOP), created by estimated respondent burden compared advise the contact listed below as soon EPA as part of the United States’ with the ICR currently approved by as possible. commitment to reduce greenhouse gas OMB. This decrease is due to revised ADDRESSES: Direct all PRA comments to emissions under the United Nations estimates of respondent participation Nicole Ongele, FCC, via email PRA@ Framework Convention on Climate and attrition. fcc.gov and to [email protected]. Change, is a voluntary program Courtney Kerwin, FOR FURTHER INFORMATION CONTACT: For designed to encourage and facilitate the Acting Director, Collection Strategies additional information about the development of environmentally and Division. information collection, contact Nicole economically sound landfill gas (LFG) [FR Doc. 2016–02920 Filed 2–11–16; 8:45 am] Ongele at (202) 418–2991. energy projects across the United States BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: to reduce methane emissions from OMB Control Number: 3060–0743. landfills. LMOP meets these objectives Title: Implementation of the Pay by educating local governments and Telephone Reclassification and communities about the benefits of LFG FEDERAL COMMUNICATIONS COMMISSION Compensation Provisions of the recovery and use; building partnerships Telecommunications Act of 1996, CC between state agencies, industry, energy [OMB 3060–0743] Docket No. 96–128. service providers, local communities, Form Number: N/A. and other stakeholders interested in Information Collection Being Reviewed Type of Review: Extension of a developing this valuable resources in by the Federal Communications currently approved collection. their community; and providing tools to Commission Respondents: Business or other for- evaluate LFG energy potential. LMOP AGENCY: Federal Communications profit entities and state, local and tribal signed voluntary Memoranda of Commission. government. Understanding (MOUs) with these Number of Respondents and ACTION: Notice and request for organizations to enlist their support in Responses: 4,471 respondents; 10,071 comments. promoting cost-effective LFG utilization. responses.

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Estimated Time per Response: FEDERAL COMMUNICATIONS Title: Section 97.303, Frequency 11.730414 hours. COMMISSION Sharing Requirements. Frequency of Response: On occasion, Form Number: N/A. [OMB 3060–1050] quarterly and monthly reporting Type of Review: Extension of a requirements, recordkeeping Information Collection Being Reviewed currently approved collection. requirement and third party disclosure by the Federal Communications Respondents: Individuals or requirement. Commission Under Delegated households. Obligation to Respond: Required to Authority Number of Respondents: 5,000 obtain or retain benefits. Statutory AGENCY: respondents; 5,000 responses. authority for this information collection Federal Communications Commission. is contained in 47 U.S.C. 276 of the Estimated Time per Response: 20 Telecommunications Act of 1996, as ACTION: Notice and request for minutes (.33 hours). comments. amended. Frequency of Response: Total Annual Burden: 118,137 hours. SUMMARY: As part of its continuing effort Recordkeeping requirement. Total Annual Cost: No cost. to reduce paperwork burdens, and as Obligation to Respond: Required to required by the Paperwork Reduction obtain or retain benefits. Statutory Privacy Impact Assessment: No Act (PRA) of 1995 (44 U.S.C. 3501– authority for this information collection impact(s). 3520), the Federal Communications is contained in 47 U.S.C. 151, 154, 301, Nature and Extent of Confidentiality: Commission (FCC or the Commission) 302(a) and 303(c), and (f) of the The Commission is not requesting that invites the general public and other Communications Act of 1934, as respondents submit confidential federal agencies to take this opportunity amended. information to the FCC. If the to comment on the following Total Annual Burden: 1,650 hours. Commission requests respondents to information collection. Comments are submit information which respondents requested concerning: Whether the Total Annual Cost: No cost. believe is confidential, they may request collection of information is necessary Privacy Impact Assessment: No confidential treatment of such for the proper performance of the impact(s). functions of the Commission, including information under 47 CFR 0.459 of the Nature and Extent of Confidentiality: Commission’s rules. whether the information shall have practical utility; the accuracy of the There is no need for confidentiality with Needs and Uses: In CC Docket No. Commission’s burden estimate; ways to this collection. 96–128, the Commission promulgated enhance the quality, utility, and clarity Needs and Uses: The Commission rules and requirements implementing of the information collected; ways to established a recordkeeping procedure Section 276 of the Telecommunications minimize the burden of the collection of in section 97.303(s) that required that Act of 1996. Among other things, the information on the respondents, amateur operator licensees using other rules (1) Establish fair compensation for including the use of automated antennas must maintain in their station every completed intrastate and collection techniques or other forms of records either manufacturer data on the interstate payphone call; (2) discontinue information technology; and ways to antenna gain or calculations of the intrastate and interstate access charge further reduce the information antenna gain. payphone service elements and collection burden on small business payments, and intrastate and interstate concerns with fewer than 25 employees. The amateur radio service governed payphone subsidies from basic The FCC may not conduct or sponsor by 47 CFR part 97 of the Commission’s exchange services; and (3) adopt a collection of information unless it rules, provides spectrum for amateur guidelines for use by the states in displays a currently valid control radio service licensees to participate in establishing public interest payphones number. No person shall be subject to a voluntary noncommercial to be located where there would any penalty for failing to comply with communication service which provides otherwise not be a payphone. The a collection of information subject to the emergency communications and allows information collected under LEC PRA that does not display a valid Office experimentation with various radio Provision of Emergency Numbers to of Management and Budget (OMB) techniques and technologies to further Carrier-Payers would able used to control number. the understanding of radio use and the ensure that interexchange carriers, DATES: Written PRA comments should development of technologies. payphone service providers (‘‘PSP’’) be submitted on or before April 12, The information collection is used to LECs, and the states, comply with their 2016. If you anticipate that you will be calculate the effective radiated power obligations under the 1996 Act. submitting comments, but find it (ERP) that the station is transmitting to difficult to do so within the period of ensure that ERP does not exceed 100 W Federal Communications Commission. time allowed by this notice, you should PEP. Office of the Secretary. advise the contact listed below as soon Gloria J. Miles, as possible. Federal Communications Commission. Federal Register Liaison Officer. ADDRESSES: Direct all PRA comments to Gloria J. Miles, [FR Doc. 2016–02902 Filed 2–11–16; 8:45 am] Cathy Williams, FCC, via email PRA@ Federal Register Liaison Officer. Office of the Secretary. BILLING CODE 6712–01–P fcc.gov and to [email protected]. FOR FURTHER INFORMATION CONTACT: For [FR Doc. 2016–02901 Filed 2–11–16; 8:45 am] additional information about the BILLING CODE 6712–01–P information collection, contact Cathy Williams at (202) 418–2918. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–1050.

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FEDERAL COMMUNICATIONS 00519 has terminated for ACT’s demonstrating ACT’s inability to satisfy COMMISSION inability to comply with the LOA, an the LOA conditions of its authorization. express condition for holding the By this Order, we grant the Executive [DA 16–53] section 214 international authorization. Branch agencies’ request to the extent Order Declares ACT The International Bureau has provided set forth in this Order. A copy of this Telecommunications, Inc.’s ACT with notice and opportunity to Order will be sent by return receipt International Section 214 Authorization respond to the allegations in the May 9, requested to ACT at its last known Terminated 2014 Executive Branch Letter addresses. concerning ACT’s non-compliance with Further requests should be sent to AGENCY: Federal Communications the condition of the grant. ACT has not Cara Grayer, Attorney, Commission. responded to any of our multiple Telecommunications and Analysis ACTION: Notice. requests or requests from the Executive Division, International Bureau via email Branch Agencies. We find that ACT’s at [email protected] and file it under SUMMARY: In this document, the failure to respond to our multiple File No. ITC–214–20081201–00519 via Commission declares the international requests demonstrates that it is unable IBFS at http://licensing.fcc.gov/myibfs/ section 214 authorization granted to to satisfy the LOA conditions pleading.do. ACT Telecommunications, Inc. (ACT) concerning its 2012 and 2013 terminated given ACT’s inability to Federal Communications Commission. certifications, maintaining a current comply with the express condition for Troy F. Tanner, designated point of contact (POC), and holding the authorization. We also Deputy Chief, International Bureau. providing timely notice of a change in conclude that ACT failed to comply [FR Doc. 2016–02932 Filed 2–11–16; 8:45 am] ACT’s POC status, upon which the with those requirements of the BILLING CODE 6712–01–P Executive Branch Agencies gave their Communications Act of 1934, as amended (the Act) and the non-objection to the grant of the Commission’s rules that ensure that the authorization to ACT, and which is a FEDERAL COMMUNICATIONS Commission can contact and condition of the grant of its section 214 COMMISSION authorization. communicate with the authorization [AU Docket No. 14–252; DA 16–115] holder, which failures have prevented Furthermore, after having received an any way of addressing ACT’s inability to international 214 authorization, a carrier Wireless Telecommunications Bureau comply with the condition of its ‘‘is responsible for the continuing Releases Updated List of Reserve- authorization. accuracy of the certifications made in its Eligible Nationwide Service Providers application’’ and must promptly correct DATES: January 14, 2016. in Each PEA for the Broadcast information no longer accurate, ‘‘and, in Incentive Auction FOR FURTHER INFORMATION CONTACT: Cara any event, within thirty (30) days.’’ ACT Grayer, Telecommunications and has failed to inform the Commission of AGENCY: Federal Communications Analysis Division, International Bureau, any changes in its business status of Commission. at (202) 418–2960 or Cara.Grayer@ providing international ACTION: Notice. fcc.gov. telecommunications services, as SUPPLEMENTARY INFORMATION: This is a required by the rules. Nor is there any SUMMARY: In this document, the Federal summary of the Commission’s Order, record of ACT having complied with Communications Commission’s DA 16–53, adopted and released January section 413 of the Communications Act Wireless Telecommunications Bureau 14, 2016. On October 27, 2009, the and the Commission’s rules requiring it (Bureau) updated a list of nationwide International Bureau granted ACT an to designate an agent for service after providers qualified to bid on reserved international section 214 authorization receiving its authorization on October spectrum in Auction 1002. to provide global or limited global 27, 2009. Finally, as part of its FOR FURTHER INFORMATION CONTACT: Kate facility-based service and global or authorization, ACT ‘‘must file annual Matraves, Wireless Telecommunications limited global resale service in international telecommunications traffic Bureau, 202–391–6272, email accordance with section 63.18(e)(1) and and revenue as required by section [email protected] or Karen 63.18(e)(2) of the Commission’s rules. 43.62.’’ Section 43.62(b) states that Sprung, Wireless Telecommunications The International Bureau granted the ‘‘[n]ot later than July 31 of each year, Bureau, 202–418–2762, email application on the express condition each person or entity that holds an [email protected]. that ACT abide by the commitments and authorization pursuant to section 214 to SUPPLEMENTARY INFORMATION: This is a undertakings contained in its Letter of provide international summary of the Bureau’s Public Notice, Assurance (LOA) to the Department of telecommunications service shall report DA No. 16–115, AU Docket No. 14–252, Justice (DOJ) and the Department of whether it provided international released February 2, 2016. The full text Homeland Security (DHS, and with DOJ, telecommunications services during the of this document, including the the Executive Branch Agencies) dated preceding calendar year.’’ Our records associated attachment, is available for October 20, 2009. On May 9, 2014, the indicate that ACT failed to file an inspection and copying from 8:00 a.m. Executive Branch Agencies notified the annual international to 4:30 p.m. ET Monday through Commission of ACT’s non-compliance telecommunications traffic and revenue Thursday or from 8:00 a.m. to 11:30 a.m. with the conditions of its authorization report indicating whether or not ACT ET on Fridays in the FCC Reference and requested that the Commission provided services in 2014, as required Information Center, Portals II, 445 12th terminate, and declare null and void by section 43.62(b) of the Commission’s Street SW., Room CY–A257, and no longer in effect, the international rules. In these circumstances, and in Washington, DC 20554. The complete section 214 authorization issued to light of ACT’s failure to respond to the text is also available on the ACT. We determine that ACT’s Commission’s rules designed to ensure Commission’s Web site at http:// international section 214 authorization its ability to communicate with the wireless.fcc.gov, or by using the search to provide international services issued holder of the authorization also function on the ECFS Web page at under File No. ITC–214–20081201– warrants termination wholly apart from http://www.fcc.gov/cgb/ecfs/.

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Alternative formats are available to FEDERAL RESERVE SYSTEM orthopedic implants, as well as the persons with disabilities by sending an recommended information and testing email to [email protected] or by calling Change in Bank Control Notices; that should be included in premarket the Consumer & Governmental Affairs Acquisitions of Shares of a Bank or submissions for such devices. This draft Bureau at (202) 418–0530 (voice), (202) Bank Holding Company guidance is not final nor is it in effect 418–0432 (TTY). The notificants listed below have at this time. The Auction 1000 Application applied under the Change in Bank DATES: Although you can comment on Procedures Public Notice included a list Control Act (12 U.S.C. 1817(j)) and any guidance at any time (see 21 CFR of nationwide providers in each Partial § 225.41 of the Board’s Regulation Y (12 10.115(g)(5)), to ensure that the Agency Economic Area (‘‘PEA’’) qualified to bid CFR 225.41) to acquire shares of a bank considers your comment of this draft guidance before it begins work on the on reserved spectrum in the forward or bank holding company. The factors final version of the guidance, submit auction (Auction 1002). The that are considered in acting on the notices are set forth in paragraph 7 of either electronic or written comments Commission stated in the Auction 1000 on the draft guidance by May 12, 2016. Application Procedures Public Notice the Act (12 U.S.C. 1817(j)(7)). The notices are available for ADDRESSES: that an updated list of nationwide You may submit comments immediate inspection at the Federal as follows: providers qualified to bid on reserved Reserve Bank indicated. The notices spectrum in Auction 1002 would be also will be available for inspection at Electronic Submissions issued prior to the FCC Form 175 filing the offices of the Board of Governors. Submit electronic comments in the deadline. Parties interested in filing Interested persons may express their following way: potential corrections were given until views in writing to the Reserve Bank • Federal eRulemaking Portal: http:// November 16, 2015 to do so, and two indicated for that notice or to the offices www.regulations.gov. Follow the parties filed. of the Board of Governors. Comments instructions for submitting comments. The Wireless Telecommunications must be received not later than March Comments submitted electronically, Bureau is releasing the updated list as 1, 2016. including attachments, to http:// Attachment 1 to this Public Notice. A. Federal Reserve Bank of Chicago www.regulations.gov will be posted to These updates reflect recently approved (Colette A. Fried, Assistant Vice the docket unchanged. Because your transactions and certain corrections President) 230 South LaSalle Street, comment will be made public, you are requested by Verizon Wireless and T- Chicago, Illinois 60690–1414: solely responsible for ensuring that your 1. Robert L. Chandonnet, Mobile,1 but do not reflect another comment does not include any individually, Muskegon, Michigan; to correction 2 or certain changes in confidential information that you or a acquire voting shares of Community third party may not wish to be posted, methodology requested by T-Mobile.3 Shores Bank Corporation, and thereby such as medical information, your or PEAs that have been updated are indirectly acquire voting shares of anyone else’s Social Security number, or marked in Attachment 1 with an Community Shores Bank, both in confidential business information, such asterisk. Muskegon, Michigan. as a manufacturing process. Please note Federal Communications Commission. Board of Governors of the Federal Reserve that if you include your name, contact Joel Taubenblatt, System, February 9, 2016. information, or other information that Acting Deputy Bureau Chief, Wireless Michael J. Lewandowski, identifies you in the body of your Telecommunications Bureau. Associate Secretary of the Board. comments, that information will be [FR Doc. 2016–03058 Filed 2–11–16; 8:45 am] [FR Doc. 2016–02906 Filed 2–11–16; 8:45 am] posted on http://www.regulations.gov. • If you want to submit a comment BILLING CODE 6210–01–P BILLING CODE 6712–01–P with confidential information that you do not wish to be made available to the 1 Verizon and T-Mobile each filed corrections to public, submit the comment as a PEAs 69 (Springfield, MA) and 282 (Galesburg, IL) DEPARTMENT OF HEALTH AND written/paper submission and in the indicating that Verizon is not reserve-eligible in HUMAN SERVICES those markets. The Commission agrees and manner detailed (see ‘‘Written/Paper accordingly, these corrections are reflected in Food and Drug Administration Submissions’’ and ‘‘Instructions’’). Attachment 1. 2 T-Mobile claims that Verizon should not be [Docket No. FDA–2016–D–0363] Written/Paper Submissions reserve-eligible in PEA 410 (Valentine, NE) based Submit written/paper submissions as on arguments that Commission staff may not have Characterization of Ultrahigh Molecular follows: attributed Alltel of Nebraska to Verizon, and T- Weight Polyethylene Used in Mobile’s own calculations of the population • Mail/Hand delivery/Courier (for covered by Verizon’s cellular licenses in Valentine. Orthopedic Devices; Draft Guidance written/paper submissions): Division of The Commission notes first that the Commission for Industry and Food and Drug Dockets Management (HFA–305), Food did attribute Alltel of Nebraska to Verizon in our Administration Staff; Availability and Drug Administration, 5630 Fishers calculations. Secondly, in our review of the data submitted by T-Mobile, the Commission finds no AGENCY: Food and Drug Administration, Lane, Rm. 1061, Rockville, MD 20852. • basis for the inclusion of three additional census HHS. For written/paper comments blocks in T-Mobile’s calculations of the population ACTION: Notice of availability. submitted to the Division of Dockets covered. The Commission finds that Verizon is Management, FDA will post your reserve-eligible in Valentine. SUMMARY: The Food and Drug comment, as well as any attachments, 3 T-Mobile disagrees with our previously articulated methodology for determining reserve- Administration (FDA) is announcing the except for information submitted, eligibility in PEAs in which there is a long-term availability of the draft guidance marked and identified, as confidential, spectrum lease. T-Mobile also advocates that the entitled ‘‘Characterization of Ultrahigh if submitted as detailed in population-weighted megahertz number for each Molecular Weight Polyethylene ‘‘Instructions.’’ service provider in each PEA should be rounded up to the next whole number. These issues are beyond (UHMWPE) Used in Orthopedic Instructions: All submissions received the scope of the corrections process set forth in the Devices’’. The guidance identifies the must include the Docket No. FDA– last Public Notice. types of UHMWPE currently in use in 2016–D–0363 for ‘‘Characterization of

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Ultrahigh Molecular Weight Center Director, Guidance and Policy at http://www.regulations.gov. Persons Polyethylene (UHMWPE) Used in Development, Center for Devices and unable to download an electronic copy Orthopedic Devices.’’ Received Radiological Health, Food and Drug of ‘‘Characterization of Ultrahigh comments will be placed in the docket Administration, 10903 New Hampshire Molecular Weight Polyethylene and, except for those submitted as Ave. Bldg. 66, Rm. 5431, Silver Spring, (UHMWPE) Used in Orthopedic ‘‘Confidential Submissions,’’ publicly MD 20993–0002. Send one self- Devices’’ may send an email request to viewable at http://www.regulations.gov addressed adhesive label to assist that [email protected] to receive or at the Division of Dockets office in processing your request. an electronic copy of the document. Management between 9 a.m. and 4 p.m., FOR FURTHER INFORMATION CONTACT: Please use the document number Monday through Friday. Peter Allen, Center for Devices and 1300006 to identify the guidance you • Confidential Submissions—To Radiological Health, Food and Drug are requesting. submit a comment with confidential Administration, 10903 New Hampshire IV. Paperwork Reduction Act of 1995 information that you do not wish to be Ave. Bldg. 66, Rm. 1512, Silver Spring, made publicly available, submit your MD 20993–0002, 301–796–6402. The guidance document ‘‘Characterization of Ultrahigh comments only as a written/paper SUPPLEMENTARY INFORMATION: submission. You should submit two Molecular Weight Polyethylene copies total. One copy will include the I. Background (UHMWPE) Used in Orthopedic information you claim to be confidential FDA is announcing the availability of Devices’’ refers to previously approved with a heading or cover note that states a draft guidance for industry and FDA information collections found in FDA ‘‘THIS DOCUMENT CONTAINS staff entitled ‘‘Characterization of regulations and guidance. These CONFIDENTIAL INFORMATION’’. The Ultrahigh Molecular Weight collections of information are subject to Agency will review this copy, including Polyethylene (UHMWPE) Used in review by the Office of Management and the claimed confidential information, in Orthopedic Devices’’. FDA has Budget (OMB) under the Paperwork its consideration of comments. The developed this guidance document for Reduction Act of 1995 (44 U.S.C. 3501– second copy, which will have the members of industry who submit, and 3520). The collections of information in claimed confidential information FDA staff who review, information 21 CFR part 807, subpart E, are redacted/blacked out, will be available regarding orthopedic devices using approved under OMB control number for public viewing and posted on http:// UHMWPE material. This guidance is 0910–0120; the collections of www.regulations.gov. Submit both intended to provide recommendations information in 21 CFR part 812 are copies to the Division of Dockets when finalized regarding the approved under OMB control number Management. If you do not wish your characterization and testing of 0910–0078; the collections of name and contact information to be orthopedic devices that use UHMWPE information in 21 CFR part 814, made publicly available, you can materials such as conventional subparts B and E, are approved under provide this information on the cover UHMWPE, highly crosslinked OMB control number 0910–0231; the sheet and not in the body of your UHMWPE, and highly crosslinked collections of information in 21 CFR comments and you must identify this UHMWPE containing vitamin E. This part 814, subpart H, are approved under information as ‘‘confidential.’’ Any document also outlines the information OMB control number 0910–0332; and information marked as ‘‘confidential’’ FDA recommends industry include in a the collections of information in the will not be disclosed except in submission to FDA to characterize the guidance document entitled ‘‘Requests accordance with 21 CFR 10.20 and other UHMWPE material (e.g., material for Feedback on Medical Device applicable disclosure law. For more description, sterility, biocompatibility, Submissions: The Pre-Submission information about FDA’s posting of mechanical properties, and chemical Program and Meetings with Food and comments to public dockets, see 80 FR properties). Drug Administration Staff’’ are 56469, September 18, 2015, or access approved under OMB control number the information at: http://www.fda.gov/ II. Significance of Guidance 0910–0756. regulatoryinformation/dockets/ This draft guidance is being issued Dated: February 8, 2016. default.htm. consistent with FDA’s good guidance Leslie Kux, Docket: For access to the docket to practices regulation (21 CFR 10.115). Associate Commissioner for Policy. read background documents or the The draft guidance, when finalized, will electronic and written/paper comments represent the current thinking of FDA [FR Doc. 2016–02879 Filed 2–11–16; 8:45 am] received, go to http:// on UHMWPE used in orthopedic BILLING CODE 4164–01–P www.regulations.gov and insert the devices. It does not establish any rights docket number, found in brackets in the for any person and is not binding on DEPARTMENT OF HEALTH AND heading of this document, into the FDA or the public. You can use an HUMAN SERVICES ‘‘Search’’ box and follow the prompts alternative approach if it satisfies the and/or go to the Division of Dockets requirements of the applicable statutes Food and Drug Administration Management, 5630 Fishers Lane, Rm. and regulations. 1061, Rockville, MD 20852. [Docket No. FDA–2013–N–0115] An electronic copy of the guidance III. Electronic Access document is available for download Persons interested in obtaining a copy Agency Information Collection from the Internet. See the of the draft guidance may do so by Activities; Proposed Collection; SUPPLEMENTARY INFORMATION section for downloading an electronic copy from Comment Request; Manufactured information on electronic access to the the Internet. A search capability for all Food Regulatory Program Standards guidance. Submit written requests for a Center for Devices and Radiological AGENCY: Food and Drug Administration, single hard copy of the draft guidance Health guidance documents is available HHS. document entitled ‘‘Characterization of at http://www.fda.gov/MedicalDevices/ ACTION: Notice. Ultrahigh Molecular Weight DeviceRegulationandGuidance/ Polyethylene (UHMWPE) Used in GuidanceDocuments/default.htm. SUMMARY: The Food and Drug Orthopedic Devices’’ to the Office of the Guidance documents are also available Administration (FDA) is announcing an

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opportunity for public comment on the Instructions: All submissions received SUPPLEMENTARY INFORMATION: Under the proposed collection of certain must include the Docket No. FDA– PRA (44 U.S.C. 3501–3520), Federal information by the Agency. Under the 2013–N–0115 for ‘‘Agency Information Agencies must obtain approval from the Paperwork Reduction Act of 1995 (the Collection Activities; Proposed Office of Management and Budget PRA), Federal Agencies are required to Collection; Comment Request; (OMB) for each collection of publish notice in the Federal Register Manufactured Food Regulatory Program information they conduct or sponsor. concerning each proposed collection of Standards.’’ Received comments will be ‘‘Collection of information’’ is defined information, including each proposed placed in the docket and, except for in 44 U.S.C. 3502(3) and 5 CFR extension of an existing collection of those submitted as ‘‘Confidential 1320.3(c) and includes Agency requests information, and to allow 60 days for Submissions,’’ publicly viewable at or requirements that members of the public comment in response to the http://www.regulations.gov or at the public submit reports, keep records, or notice. This notice solicits comments on Division of Dockets Management provide information to a third party. ‘‘Manufactured Food Regulatory between 9 a.m. and 4 p.m., Monday Section 3506(c)(2)(A) of the PRA (44 Program Standard.’’ through Friday. U.S.C. 3506(c)(2)(A)) requires Federal • DATES: Submit either electronic or Confidential Submissions—To Agencies to provide a 60-day notice in written comments on the collection of submit a comment with confidential the Federal Register concerning each information by April 12, 2016. information that you do not wish to be proposed collection of information, including each proposed extension of an ADDRESSES: made publicly available, submit your You may submit comments existing collection of information, as follows: comments only as a written/paper submission. You should submit two before submitting the collection to OMB Electronic Submissions copies total. One copy will include the for approval. To comply with this requirement, FDA is publishing notice Submit electronic comments in the information you claim to be confidential of the proposed collection of following way: with a heading or cover note that states information set forth in this document. • Federal eRulemaking Portal: http:// ‘‘THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION’’. The With respect to the following www.regulations.gov. Follow the collection of information, FDA invites instructions for submitting comments. Agency will review this copy, including the claimed confidential information, in comments on these topics: (1) Whether Comments submitted electronically, the proposed collection of information including attachments, to http:// its consideration of comments. The second copy, which will have the is necessary for the proper performance www.regulations.gov will be posted to of FDA’s functions, including whether the docket unchanged. Because your claimed confidential information redacted/blacked out, will be available the information will have practical comment will be made public, you are utility; (2) the accuracy of FDA’s solely responsible for ensuring that your for public viewing and posted on http:// www.regulations.gov. Submit both estimate of the burden of the proposed comment does not include any collection of information, including the confidential information that you or a copies to the Division of Dockets Management. If you do not wish your validity of the methodology and third party may not wish to be posted, assumptions used; (3) ways to enhance such as medical information, your or name and contact information to be made publicly available, you can the quality, utility, and clarity of the anyone else’s Social Security number, or information to be collected; and (4) confidential business information, such provide this information on the cover sheet and not in the body of your ways to minimize the burden of the as a manufacturing process. Please note collection of information on comments and you must identify this that if you include your name, contact respondents, including through the use information as ‘‘confidential.’’ Any information, or other information that of automated collection techniques, information marked as ‘‘confidential’’ identifies you in the body of your when appropriate, and other forms of will not be disclosed except in comments, that information will be information technology. posted on http://www.regulations.gov. accordance with 21 CFR 10.20 and other • If you want to submit a comment applicable disclosure law. For more Manufactured Food Regulatory with confidential information that you information about FDA’s posting of Program Standards—OMB Control do not wish to be made available to the comments to public dockets, see 80 FR Number 0910–0601—Extension public, submit the comment as a 56469, September 18, 2015, or access In the Federal Register of July 20, written/paper submission and in the the information at: http://www.fda.gov/ 2006 (71 FR 41221), FDA announced the manner detailed (see ‘‘Written/Paper regulatoryinformation/dockets/ availability of a draft document entitled Submissions’’ and ‘‘Instructions’’). default.htm. ‘‘Manufactured Food Regulatory Docket: For access to the docket to Program Standards (MFRPS).’’ These Written/Paper Submissions read background documents or the program standards are the framework Submit written/paper submissions as electronic and written/paper comments that States should use to design and follows: received, go to http:// manage their manufactured food • Mail/Hand delivery/Courier (for www.regulations.gov and insert the programs. There are 42 State programs written/paper submissions): Division of docket number, found in brackets in the enrolled, which may receive up to Dockets Management (HFA–305), Food heading of this document, into the $300,000 each year for a period of 5 and Drug Administration, 5630 Fishers ‘‘Search’’ box and follow the prompts years provided there is significant Lane, Rm. 1061, Rockville, MD 20852. and/or go to the Division of Dockets conformance with the 10 standards. • For written/paper comments Management, 5630 Fishers Lane, Rm. In the first year of implementing the submitted to the Division of Dockets 1061, Rockville, MD 20852. program standards, the State program Management, FDA will post your FOR FURTHER INFORMATION CONTACT: FDA conducts a baseline self-assessment to comment, as well as any attachments, PRA Staff, Office of Operations, Food determine if it meets the elements of except for information submitted, and Drug Administration, 8455 each standard. The State program marked and identified, as confidential, Colesville Rd., COLE–14526, Silver should use the worksheets and forms if submitted as detailed in Spring, MD 20993–0002, PRAStaff@ contained in the draft program ‘‘Instructions.’’ fda.hhs.gov. standards; however, it can use alternate

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forms that are equivalent. The State documentation requirements of a requirement of the standard, and (3) program maintains the documents and standard, it develops a strategic plan projected completion dates for each verifies records required for each which includes the following: (1) The task. standard. The information contained in individual element of documentation FDA estimates the burden of this the documents must be current and fit- requirement of the standard that was not collection of information as follows: for-use. If the State program fails to meet met, (2) improvements needed to meet all program elements and the program element or documentation

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Number of responses Total annual Average Respondent respondents per responses burden per Total hours respondent response

State Departments of Agriculture or Health ...... 42 1 42 750 31,500 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The burden has been calculated as information entitled ‘‘Request for Location: FDA White Oak Campus, 750 hours per respondent. This burden Samples and Protocols’’ to OMB for 10903 New Hampshire Ave., Bldg. 31 was determined by capturing the review and clearance under 44 U.S.C. Conference Center, the Great Room (Rm. average amount of time for each 3507. An Agency may not conduct or 1503), Silver Spring, MD 20993–0002. respondent to assess the current state of sponsor, and a person is not required to Answers to commonly asked questions the program and work toward respond to, a collection of information including information regarding special implementation of each of the 10 unless it displays a currently valid OMB accommodations due to a disability, standards contained in MFRPS. The control number. OMB has now visitor parking, and transportation may hours per respondent will change as approved the information collection and be accessed at: http://www.fda.gov/ accounted for in the continuing has assigned OMB control number AdvisoryCommittees/ improvement and self-sufficiency of the 0910–0206. The approval expires on AboutAdvisoryCommittees/ program. December 31, 2018. A copy of the ucm408555.htm. Dated: February 8, 2016. supporting statement for this Contact Person: Cindy Hong, Center Leslie Kux, information collection is available on for Drug Evaluation and Research, Food the Internet at http://www.reginfo.gov/ Associate Commissioner for Policy. and Drug Administration, 10903 New public/do/PRAMain. Hampshire Ave., Bldg. 31, Rm. 2417, [FR Doc. 2016–02888 Filed 2–11–16; 8:45 am] Silver Spring, MD 20993–0002, 301– BILLING CODE 4164–01–P Dated: February 8, 2016. Leslie Kux, 796–9001, FAX: 301–847–8533, [email protected], or FDA Advisory Associate Commissioner for Policy. Committee Information Line, 1–800– DEPARTMENT OF HEALTH AND [FR Doc. 2016–02882 Filed 2–11–16; 8:45 am] HUMAN SERVICES 741–8138 (301–443–0572 in the BILLING CODE 4164–01–P Washington, DC area). A notice in the Food and Drug Administration Federal Register about last minute modifications that impact a previously [Docket No. FDA–2012–N–0114] DEPARTMENT OF HEALTH AND HUMAN SERVICES announced advisory committee meeting Agency Information Collection cannot always be published quickly Activities; Announcement of Office of Food and Drug Administration enough to provide timely notice. Therefore, you should always check the Management and Budget Approval; [Docket No. FDA–2016–N–0001] Request for Samples and Protocols Agency’s Web site at http:// www.fda.gov/AdvisoryCommittees/ Gastrointestinal Drugs Advisory AGENCY: Food and Drug Administration, default.htm and scroll down to the Committee; Notice of Meeting HHS. appropriate advisory committee meeting ACTION: Notice. AGENCY: Food and Drug Administration, link, or call the advisory committee HHS. information line to learn about possible SUMMARY: The Food and Drug ACTION: Notice. modifications before coming to the Administration (FDA) is announcing meeting. that a collection of information entitled This notice announces a forthcoming Agenda: The committee will discuss ‘‘Request for Samples and Protocols’’ meeting of a public advisory committee new drug application (NDA) 207999, has been approved by the Office of of the Food and Drug Administration obeticholic acid oral tablets, submitted Management and Budget (OMB) under (FDA). The meeting will be open to the by Intercept Pharmaceuticals, Inc., the Paperwork Reduction Act of 1995. public. proposed for the treatment of primary FOR FURTHER INFORMATION CONTACT: FDA Name of Committee: Gastrointestinal biliary cirrhosis in combination with PRA Staff, Office of Operations, Food Drugs Advisory Committee. ursodeoxycholic acid (UDCA) in adults and Drug Administration, 8455 General Function of the Committee: with an inadequate response to UDCA Colesville Rd., COLE–14526, Silver To provide advice and or as monotherapy in adults unable to Spring, MD 20993–0002, PRAStaff@ recommendations to the Agency on tolerate UDCA. fda.hhs.gov. FDA’s regulatory issues. FDA intends to make background SUPPLEMENTARY INFORMATION: On Date and Time: The meeting will be material available to the public no later September 24, 2015, the Agency held on April 7, 2016, from 8 a.m. to 5 than 2 business days before the meeting. submitted a proposed collection of p.m. If FDA is unable to post the background

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material on its Web site prior to the Dated: February 8, 2016. DEPARTMENT OF HEALTH AND meeting, the background material will Jill Hartzler Warner, HUMAN SERVICES be made publicly available at the Associate Commissioner for Special Medical location of the advisory committee Programs. Food and Drug Administration meeting, and the background material [FR Doc. 2016–02857 Filed 2–11–16; 8:45 am] [Docket No. FDA–2016–N–0148] will be posted on FDA’s Web site after BILLING CODE 4164–01–P the meeting. Background material is Government-Owned Inventions; available at http://www.fda.gov/ Availability for Licensing; Influenza AdvisoryCommittees/Calendar/ DEPARTMENT OF HEALTH AND Virus Neuramindase HUMAN SERVICES default.htm. Scroll down to the AGENCY: Food and Drug Administration, appropriate advisory committee meeting Food and Drug Administration HHS. link. ACTION: Notice. Procedure: Interested persons may [Docket No. FDA–2009–D–0268] present data, information, or views, SUMMARY: The invention listed in this orally or in writing, on issues pending Agency Information Collection document is owned by an Agency of the before the committee. Written Activities; Announcement of Office of U.S. Government and is available for submissions may be made to the contact Management and Budget Approval; licensing in accordance with Federal person on or before March 24, 2016. Labeling of Certain Beers Subject to regulations to achieve expeditious Oral presentations from the public will the Labeling Jurisdiction of the Food commercialization of results of be scheduled between approximately 1 and Drug Administration Federally funded research and p.m. and 2 p.m. Those individuals development. interested in making formal oral AGENCY: Food and Drug Administration, FOR FURTHER INFORMATION CONTACT: presentations should notify the contact HHS. For licensing information and copies person and submit a brief statement of ACTION: Notice. of the patent applications: Alice Welch, the general nature of the evidence or Technology Transfer Program Office, arguments they wish to present, the SUMMARY: The Food and Drug Food and Drug Administration, 10903 names and addresses of proposed Administration (FDA) is announcing New Hampshire Ave., Bldg. 1, Rm. participants, and an indication of the that a collection of information entitled 4226, Silver Spring, MD 20993, 240– approximate time requested to make ‘‘Labeling of Certain Beers Subject to the 402–2561, FAX: 301–847–3539. A their presentation on or before March Labeling Jurisdiction of the Food and signed Confidential Disclosure Agreement will be required to receive 16, 2016. Time allotted for each Drug Administration’’ has been copies of the patent applications. presentation may be limited. If the approved by the Office of Management For parties interested in licensing or number of registrants requesting to and Budget (OMB) under the Paperwork Reduction Act of 1995. collaborative research activities: speak is greater than can be reasonably William Ronnenberg, Technology accommodated during the scheduled FOR FURTHER INFORMATION CONTACT: FDA Transfer Program Office, Food and Drug open public hearing session, FDA may PRA Staff, Office of Operations, Food Administration, 10903 New Hampshire conduct a lottery to determine the and Drug Administration, 8455 Ave., Bldg. 1, Rm. 4214, Silver Spring, speakers for the scheduled open public Colesville Rd., COLE–14526, Silver MD 20993, 240–402–4561, hearing session. The contact person will Spring, MD 20993–0002, PRAStaff@ [email protected]. notify interested persons regarding their fda.hhs.gov. SUPPLEMENTARY INFORMATION: request to speak by March 17, 2016. SUPPLEMENTARY INFORMATION: On Technology description. Persons attending FDA’s advisory December 9, 2015, the Agency Title of Abstract: Therapeutic and committee meetings are advised that the submitted a proposed collection of prophylactic anti-Influenza virus Agency is not responsible for providing information entitled ‘‘Labeling of neuraminidase 1 (N1) antibody (CD6) access to electrical outlets. Certain Beers Subject to the Labeling with a novel epitope that spans neuramindase (NA) dimers. FDA welcomes the attendance of the Jurisdiction of the Food and Drug Description of Technology: Influenza public at its advisory committee Administration’’ to OMB for review and virus neuramindase (NA) protein is a meetings and will make every effort to clearance under 44 U.S.C. 3507. An Agency may not conduct or sponsor, surface protein that plays an essential accommodate persons with disabilities. role in virus replication. Drugs and If you require accommodations due to a and a person is not required to respond to, a collection of information unless it antibodies that block NA function can disability, please contact Cindy Hong at reduce both the symptoms and the least 7 days in advance of the meeting. displays a currently valid OMB control number. OMB has now approved the length of illness; however, variants of FDA is committed to the orderly information collection and has assigned influenza virus are resistant to NA conduct of its advisory committee OMB control number 0910–0728. The inhibitors. The neuramindase 1 (N1) meetings. Please visit our Web site at approval expires on January 31, 2019. A subtype of NA is important because it is http://www.fda.gov/ copy of the supporting statement for this found in the two pandemic H1N1 AdvisoryCommittees/ information collection is available on influenza virus strains (1918 Spanish flu AboutAdvisoryCommittees/ the Internet at http://www.reginfo.gov/ and 2009 swine flu) and the H5N1 avian ucm111462.htm for procedures on public/do/PRAMain. influenza virus. Anti-neuramindase antibody CD6 is a novel antibody that public conduct during advisory Dated: February 8, 2016. committee meetings. spans a conserved 30 amino acid Leslie Kux, epitope across the lateral face of a Notice of this meeting is given under Associate Commissioner for Policy. neuramindase (NA) dimer. the Federal Advisory Committee Act (5 [FR Doc. 2016–02880 Filed 2–11–16; 8:45 am] The subject technology may offer an U.S.C. app. 2). BILLING CODE 4164–01–P alternative to therapeutic NA inhibitors

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currently available. CD6 is a potent contact William Ronnenberg (see FOR DEPARTMENT OF HEALTH AND monoclonal antibody against N1 FURTHER INFORMATION CONTACT). HUMAN SERVICES subtypes of NA that inhibits the Dated: February 4, 2016. Food and Drug Administration enzymatic activity of the NA protein, Leslie Kux, including NA variants resistant to NA Associate Commissioner for Policy. [Docket No. FDA–2016–N–0001] inhibitors. In a murine model of infection, a single dose of antibody was [FR Doc. 2016–02887 Filed 2–11–16; 8:45 am] Annual Computational Science protective against lethal challenge with BILLING CODE 4164–01–P Symposium; Conference H1N1 influenza virus. The CD6 antibody can potentially be used in AGENCY: Food and Drug Administration, DEPARTMENT OF HEALTH AND combination with other antibodies in an HHS. HUMAN SERVICES antibody ‘‘cocktail’’ or in conjunction ACTION: Notice of public conference. with other therapeutic agents. Food and Drug Administration Additionally, this unique anti-NA SUMMARY: The Food and Drug antibody may be useful in combination Administration, in cosponsorship with with known neutralizing anti- [Docket No. FDA–2011–N–0742] the Pharmaceutical Users Software hemagglutinin (HA) antibodies. Exchange (PhUSE) is announcing a Agency Information Collection public conference entitled ‘‘The FDA/ Potential Commercial Applications Activities; Announcement of Office of PhUSE Annual Computational Science Management and Budget Approval; • Prophylactic and therapeutic Symposium.’’ The purpose of the Registration of Producers of Drugs against influenza virus infections; conference is to help the broader and Listing of Drugs in Commercial • Diagnostic tests for influenza virus community align and share experiences Distribution infections; and to advance computational science. At • Reagent to measure the potency of the conference, which will bring AGENCY: Food and Drug Administration, H1N1 NA in influenza virus vaccines. together FDA, industry, and academia, HHS. FDA will update participants on current Competitive Advantages ACTION: Notice. initiatives, and collaborative project • Monoclonal antibody demonstrated groups will address specific challenges to be effective against circulating H1N1 SUMMARY: The Food and Drug in accessing and reviewing data to influenza viruses; Administration (FDA) is announcing support product development. These • Monoclonal antibody binds a novel, that a collection of information entitled project groups will focus on solutions conserved epitope spanning NA dimers; ‘‘Registration of Producers of Drugs and and practical ways to implement them. and Listing of Drugs in Commercial DATES: The meeting will be held on • Monoclonal antibody is well-suited Distribution’’ has been approved by the March 13, 2016, from 3 p.m. to 7 p.m., for an antibody cocktail that includes Office of Management and Budget and March 14 to 15, 2016, from 9 a.m. anti-HA antibodies. (OMB) under the Paperwork Reduction to 5:30 p.m. Development Stage: Early state; In Act of 1995. ADDRESSES: The meeting will be held at vitro data available; In vivo data FOR FURTHER INFORMATION CONTACT: FDA the Silver Spring Civic Building at available (animal). PRA Staff, Office of Operations, Food Inventors: Hongquan Wan (FDA); Veterans Plaza, One Veterans Pl., Silver and Drug Administration, 8455 Maryna Eichelberger (FDA); Hua Yang Spring, MD 20910, 1–240–777–5300. Colesville Rd., COLE–14526, Silver (CDC); James Stevens (CDC); David FOR FURTHER INFORMATION CONTACT: Spring, MD 20993–0002, PRAStaff@ Shore (CDC); and Rebecca Garten (CDC). Chris Decker, PhUSE FDA Liaison fda.hhs.gov. Publication: Wan, H., H. Yang, D. A. Director, Pharmaceutical Users Software Shore, R. J. Garten, L. Couzens, J. Gao, SUPPLEMENTARY INFORMATION: On July 8, Exchange (PhUSE), Kent Innovation L. Jiang, P. J. Carney, J. Villanueva, J. 2015, the Agency submitted a proposed Centre, Broadstairs, Kent CT10 2QQ, Stevens, and M. C. Eichelberger. collection of information entitled United Kingdom; 1–609–514–5105 (US), ‘‘Structural Characterization of a ‘‘Registration of Producers of Drugs and [email protected]. Protective Epitope Spanning Listing of Drugs in Commercial SUPPLEMENTARY INFORMATION: A(H1N1)pdm09 Influenza Virus Distribution’’ to OMB for review and I. Background Neuraminidase Monomers.’’ 6:6114, clearance under 44 U.S.C. 3507. An Nature Communications, 2015. Agency may not conduct or sponsor, Since 2008, the Office of Intellectual Property: HHS Reference and a person is not required to respond Computational Science (formerly the No. E–005–2015/0—U.S. Provisional to, a collection of information unless it Computational Science Center) of FDA’s Patent Application No. 62/088,388 filed displays a currently valid OMB control Center for Drug Evaluation and Research December 5, 2014. number. OMB has now approved the (CDER) has supported CDER’s scientific Licensing and Collaborative Research information collection and has assigned community by offering innovative Opportunity: The invention is owned by OMB control number 0910–0045. The solutions that improve the scientific an Agency of the U.S. Government and approval expires on December 31, 2018. drug review process by integrating data, is available for licensing in accordance A copy of the supporting statement for tools, services, and training. Since the with 35 U.S.C. 209 and 37 CFR part 404. this information collection is available first Computational Science Symposium The Food and Drug Administration is on the Internet at http:// four years ago, FDA has played an seeking statements of capability or www.reginfo.gov/public/do/PRAMain. important part in the development and interest from parties interested in ongoing support of the conference and collaborative research to further Dated: February 8, 2016. the associated PhUSE Computational develop, evaluate, or commercialize this Leslie Kux, Science Working Groups. The PhUSE technology. Parties interested in Associate Commissioner for Policy. Collaboration was formed to bring licensing or collaborative research [FR Doc. 2016–02881 Filed 2–11–16; 8:45 am] together experts from industry, FDA and activities for this technology should BILLING CODE 4164–01–P other regulatory agencies, academia, and

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technology providers in specific areas to II. Registration and Accommodations To register, please complete the collaborate on computational science, A. Registration registration form online at (https:// describe best practices in challenging www.phuse.eu/PhUSE–CSS–2016- areas, and propose methods for All registrants (with the exception of Registration.aspx. (FDA has verified the addressing knowledge gaps. A a limited number of speakers and/or Web site address, but is not responsible description of the project groups and organizers who will have a for subsequent changes to the Web site complimentary registration) will pay a planned activities can be found at after this document publishes in the fee for this meeting to help defray the http://www.phuse.eu/css.aspx. Federal Register). The costs of costs of facilities, materials, and food. Seats are limited, and registration will registration for the different categories be on a first-come, first-served basis. of attendees are as follows:

Fee Attendee category ($)

Government/nonprofit/academia ...... 300 Industry Organizing Committee & PhUSE Board of Directors (password required) ...... 350 Poster presenter (includes the printing of the poster by PhUSE, password required) ...... 375 Industry ...... 750 Single-day ...... 650 Registering after the conference begins ...... 1250

Government and nonprofit attendees DEPARTMENT OF HEALTH AND number. OMB has now approved the and exhibitors will need an invitation HUMAN SERVICES information collection and has assigned code to register at the discounted rate. OMB control number 0910–0429. The An invitation code can be obtained by Food and Drug Administration approval expires on December 31, 2018. sending an email to: [email protected]. [Docket No. FDA–2012–N–0247] A copy of the supporting statement for this information collection is available B. Accommodations Agency Information Collection on the Internet at http:// www.reginfo.gov/public/do/PRAMain. Attendees are responsible for their Activities; Announcement of Office of own hotel accommodations. Attendees Management and Budget Approval; Dated: February 8, 2016. making reservations at the DoubleTree Guidance for Industry on Formal Leslie Kux, Meetings With Sponsors and by Hilton Silver Spring Hotel are Associate Commissioner for Policy. Applicants for Prescription Drug User eligible for a reduced rate of $189 not [FR Doc. 2016–02889 Filed 2–11–16; 8:45 am] Fee Act Products including applicable taxes. Those BILLING CODE 4164–01–P making reservations online should use AGENCY: Food and Drug Administration, the following link to receive the reduced HHS. DEPARTMENT OF HEALTH AND rate: http://doubletree.hilton.com/en/dt/ ACTION: Notice. groups/personalized/D/DCASSDT-PHU- HUMAN SERVICES 20160312/index.jhtml?WT.mc_id=POG. SUMMARY: The Food and Drug Administration (FDA) is announcing National Institutes of Health If you need special accommodations that a collection of information entitled because of disability, please contact National Institute of General Medical ‘‘Guidance for Industry on Formal Sciences; Notice of Closed Meeting Chris Decker (see FOR FURTHER Meetings With Sponsors and Applicants INFORMATION CONTACT) at least 14 days in for Prescription Drug User Fee Act Pursuant to section 10(d) of the advance. Products’’ has been approved by the Federal Advisory Committee Act, as III. Transcripts Office of Management and Budget amended (5 U.S.C. App.), notice is (OMB) under the Paperwork Reduction hereby given of the following meeting. We expect that transcripts will be Act of 1995. The meeting will be closed to the available approximately 30 days after FOR FURTHER INFORMATION CONTACT: FDA public in accordance with the the meeting. A transcript can be PRA Staff, Office of Operations, Food provisions set forth in sections obtained either in hard copy or on CD– and Drug Administration, 8455 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., ROM, after submission of a Freedom of Colesville Rd., COLE–14526, Silver as amended. The grant applications and Information request. Send written Spring, MD 20993–0002, PRAStaff@ the discussions could disclose requests to the Division of Freedom of fda.hhs.gov. confidential trade secrets or commercial property such as patentable material, Information (ELEM–1029), Food and SUPPLEMENTARY INFORMATION: On Drug Administration, 12420 Parklawn and personal information concerning October 21, 2015, the Agency submitted individuals associated with the grant Dr., Element Bldg., Rockville, MD a proposed collection of information applications, the disclosure of which 20857. Send faxed requests to 301–827– entitled ‘‘Guidance for Industry on would constitute a clearly unwarranted 9267. Formal Meetings With Sponsors and invasion of personal privacy. Dated: February 8, 2016. Applicants for Prescription Drug User Fee Act Products’’ to OMB for review Name of Committee: NIGMS Initial Review Leslie Kux, Group, Training and Workforce Development and clearance under 44 U.S.C. 3507. An Associate Commissioner for Policy. Subcommittee—D. Agency may not conduct or sponsor, Date: March 11, 2016. [FR Doc. 2016–02877 Filed 2–11–16; 8:45 am] and a person is not required to respond Time: 8:30 a.m. to 5:00 p.m. BILLING CODE 4164–01–P to, a collection of information unless it Agenda: To review and evaluate grant displays a currently valid OMB control applications.

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Place: Hilton Garden Inn Bethesda, 7301 Research Support; 93.821, Cell Biology and Review, National Institute of General Medical Waverly Street, Bethesda, MD 20814. Biophysics Research; 93.859, Pharmacology, Sciences, National Institutes of Health, 45 Contact Person: Rebecca H. Johnson, Ph.D., Physiology, and Biological Chemistry Center Drive, Room 3An.12P, Bethesda, MD Scientific Review Officer, Office of Scientific Research; 93.862, Genetics and 20892, 301–594–3907, [email protected]. Review, National Institute of General Medical Developmental Biology Research; 93.88, Name of Committee: National Institute of Sciences, National Institutes of Health, Minority Access to Research Careers; 93.96, General Medical Sciences Special Emphasis Natcher Building, Room 3AN18C, Bethesda, Special Minority Initiatives; 93.859, Panel; Renewal of Centers of Biomedical MD 20892, 301–594–2771, johnsonrh@ Biomedical Research and Research Training, Research Excellence (COBRE) (P20). nigms.nih.gov. National Institutes of Health, HHS) Date: March 9, 2016. (Catalogue of Federal Domestic Assistance Dated: February 8, 2016. Time: 8:30 a.m. to 4:00 p.m. Program Nos. 93.375, Minority Biomedical Melanie J. Gray, Agenda: To review and evaluate grant Research Support; 93.821, Cell Biology and applications. Biophysics Research; 93.859, Pharmacology, Program Analyst, Office of Federal Advisory Committee Policy. Place: Doubletree Hotel Bethesda Physiology, and Biological Chemistry (Formerly Holiday Inn Select), 8120 Research; 93.862, Genetics and [FR Doc. 2016–02852 Filed 2–11–16; 8:45 am] Wisconsin Avenue, Bethesda, MD 20814. Developmental Biology Research; 93.88, BILLING CODE 4140–01–P Contact Person: Nina Sidorova, Ph.D., Minority Access to Research Careers; 93.96, Scientific Review Officer, Office of Scientific Special Minority Initiatives; 93.859, Review, National Institute of General Medical Biomedical Research and Research Training, DEPARTMENT OF HEALTH AND Sciences, National Institutes of Health, 45 National Institutes of Health, HHS) HUMAN SERVICES Center Drive, Room 3An.12K, Bethesda, MD Dated: February 8, 2016. 20892, 301–402–2783, sidorova@ nigms.nih.gov. Melanie J. Gray, National Institutes of Health Name of Committee: National Institute of Program Analyst, Office of Federal Advisory National Institute of General Medical General Medical Sciences Special Emphasis Committee Policy. Sciences; Notice of Closed Meetings Panel. [FR Doc. 2016–02853 Filed 2–11–16; 8:45 am] Date: April 4, 2016. BILLING CODE 4140–01–P Pursuant to section 10(d) of the Time: 1:00 p.m. to 4:00 p.m. Federal Advisory Committee Act, as Agenda: To review and evaluate grant amended (5 U.S.C. App.), notice is applications. DEPARTMENT OF HEALTH AND hereby given of the following meetings. Place: National Institutes of Health, HUMAN SERVICES The meetings will be closed to the Natcher Building, 45 Center Drive, Room public in accordance with the 3An.12N, Bethesda, MD 20892, (Telephone National Institutes of Health provisions set forth in sections Conference Call). 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Contact Person: Brian R. Pike, Ph.D., National Institute of General Medical as amended. The grant applications and Scientific Review Officer, Office of Scientific Sciences; Notice of Closed Meeting the discussions could disclose Review, National Institute of General Medical Sciences, National Institutes of Health, 45 Pursuant to section 10(d) of the confidential trade secrets or commercial Center Drive, Room 3An.12P, Bethesda, MD Federal Advisory Committee Act, as property such as patentable material, 20892, 301–594–3907, [email protected]. amended (5 U.S.C. App.), notice is and personal information concerning (Catalogue of Federal Domestic Assistance hereby given of the following meeting. individuals associated with the grant Program Nos. 93.375, Minority Biomedical The meeting will be closed to the applications, the disclosure of which Research Support; 93.821, Cell Biology and public in accordance with the would constitute a clearly unwarranted Biophysics Research; 93.859, Pharmacology, provisions set forth in sections invasion of personal privacy. Physiology, and Biological Chemistry Research; 93.862, Genetics and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute of Developmental Biology Research; 93.88, General Medical Sciences Special Emphasis as amended. The grant applications and Minority Access to Research Careers; 93.96, the discussions could disclose Panel; Renewal of Centers of Biomedical Research Excellence (COBRE) (P20). Special Minority Initiatives, National confidential trade secrets or commercial Institutes of Health, HHS) property such as patentable material, Date: March 4, 2016. Time: 8:00 a.m. to 5:00 p.m. Dated: February 8, 2016. and personal information concerning Agenda: To review and evaluate grant Melanie J. Gray, individuals associated with the grant applications. applications, the disclosure of which Place: Bethesda North Marriott Hotel & Program Analyst, Office of Federal Advisory would constitute a clearly unwarranted Conference Center, 5701 Marinelli Road, Committee Policy. invasion of personal privacy. Bethesda, MD 20852. [FR Doc. 2016–02850 Filed 2–11–16; 8:45 am] Contact Person: Shinako Takada, Ph.D., BILLING CODE 4140–01–P Name of Committee: National Institute of Scientific Review Officer, Office of Scientific General Medical Sciences Special Emphasis Review, National Institute of General Medical Panel; Review of R13 Research Grants. Sciences, National Institutes of Health, 45 Date: March 16, 2016. DEPARTMENT OF HEALTH AND Center Drive, Room 3An.12M, Bethesda, MD HUMAN SERVICES Time: 12:00 p.m. to 4:00 p.m. 20892, 301–402–9448 shinako.takada@ Agenda: To review and evaluate grant nih.gov. National Institutes of Health applications. Name of Committee: National Institute of Place: National Institutes of Health, General Medical Sciences Special Emphasis Natcher Building, Room 3An.12N, 45 Center National Institute on Drug Abuse; Panel; Review of Clinical Trials. Notice of Closed Meeting Drive, Bethesda, MD 20892. Date: March 8, 2016. Contact Person: Nina Sidorova, Scientific Time: 11:00 a.m. to 1:00 p.m. Pursuant to section 10(d) of the Review Officer, Office of Scientific Review, Agenda: To review and evaluate grant National Institute of General Medical Federal Advisory Committee Act, as applications. amended (5 U.S.C. App), notice is Sciences, National Institutes of Health, 45 Place: National Institutes of Health, Center Drive, Room 3An.22, Bethesda, MD Natcher Building, 45 Center Drive, Room hereby given of the following meeting. 20892–6200, 301–594–3663, sidorova@ 3An.12N, Bethesda, MD 20892, (Telephone The meeting will be closed to the nigms.nih.gov. Conference Call). public in accordance with the (Catalogue of Federal Domestic Assistance Contact Person: Brian R. Pike, Ph.D., provisions set forth in sections Program Nos. 93.375, Minority Biomedical Scientific Review Officer, Office of Scientific 552b(c)(4) and 552b(c)(6), title 5 U.S.C.,

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as amended. The contract proposals and Place: Hilton Washington/Rockville, 1750 Contact Person: Hiromi Ono, Ph.D., Scientific the discussions could disclose Rockville Pike, Rockville, MD 20852. Review Officer, Office of Extramural Affairs, confidential trade secrets or commercial Contact Person: Susan O. McGuire, Ph.D., National Institute on Drug Abuse, National property such as patentable material, Scientific Review Officer, Office of Institutes of Health, DHHS, 6001 Executive Extramural Affairs, National Institute on Boulevard, Room 4238, MSC 9550, Bethesda, and personal information concerning Drug Abuse, National Institutes of Health, MD 20892, 301–402–6020, individuals associated with the contract DHHS, 6001 Executive Blvd., Room 4245, [email protected]. proposals, the disclosure of which Rockville, MD 20852, 301–435–1426, Name of Committee: National Institute on would constitute a clearly unwarranted [email protected]. Drug Abuse Special Emphasis Panel, invasion of personal privacy. Name of Committee: National Institute on Exploratory Studies of Smoking Cessation Name of Committee: National Institute on Drug Abuse Special Emphasis Panel, Interventions for People with Schizophrenia Drug Abuse Special Emphasis Panel; Identification of Genetic and Genomic (R21/R33). Standardized Rechargeable Electronic Variants by Next-Gen Sequencing in Non- Date: March 11, 2016. Nicotine Delivery System (8921). human Animal Models (U01). Time: 1:00 p.m. to 3:00 p.m. Date: March 15, 2016. Date: March 2, 2016. Agenda: To review and evaluate grant Time: 10:00 a.m. to 11:30 a.m. Time: 12:00 p.m. to 1:30 p.m. applications. Agenda: To review and evaluate contract Agenda: To review and evaluate grant Place: National Institutes of Health, proposals. applications. Neuroscience Center, 6001 Executive Place: National Institutes of Health, Place: National Institutes of Health, Boulevard, Rockville, MD 20852, (Telephone Neuroscience Center, 6001 Executive Neuroscience Center, 6001 Executive Conference Call). Boulevard, Rockville, MD 20852 (Telephone Boulevard, Rockville, MD 20852, (Telephone Contact Person: Jose F. Ruiz, Ph.D., Conference Call). Conference Call). Scientific Review Officer, Office of Contact Person: Lyle Furr, Scientific Contact Person: Jose F. Ruiz, Ph.D., Extramural Affairs, National Institute on Review Officer, Office of Extramural Affairs, Scientific Review Officer, Office of Drug Abuse, NIH, Room 4228, MSC 9550, National Institute on Drug Abuse, NIH, Extramural Affairs, National Institute on 6001 Executive Blvd., Bethesda, MD 20892– DHHS, Room 4227, MSC 9550, 6001 Drug Abuse, NIH, Room 4228, MSC 9550, 9550, (301) 451–3086, [email protected]. Executive Boulevard, Bethesda, MD 20892– 6001 Executive Blvd., Bethesda, MD 20892– Name of Committee: National Institute on 9550, (301) 435–1439, lf33c.nih.gov. 9550, (301) 451–3086, [email protected]. Drug Abuse Special Emphasis Panel, Loan (Catalogue of Federal Domestic Assistance Name of Committee: National Institute on Repayment 2016. Program No.: 93.279, Drug Abuse and Drug Abuse Special Emphasis Panel, NIDA Date: March 15, 2016. Addiction Research Programs, National Translational Avant-Garde Award for Time: 9:00 a.m. to 5:00 p.m. Institutes of Health, HHS) Development of Medication to Treat Agenda: To review and evaluate grant Substance Use Disorders (UG3/UH3). applications and/or proposals. Dated: February 8, 2016. Date: March 4, 2016. Place: National Institutes of Health, Natasha M. Copeland, Time: 8:30 a.m. to 12:30 p.m. Neuroscience Center, 6001 Executive Program Analyst, Office of Federal Advisory Agenda: To review and evaluate Boulevard, Rockville, MD 20852, (Virtual Committee Policy. cooperative agreement applications. Meeting). [FR Doc. 2016–02848 Filed 2–11–16; 8:45 am] Place: Bethesda North Marriott Hotel & Contact Person: Lyle Furr, Scientific BILLING CODE 4140–01–P Conference Center, 5701 Marinelli Road, Review Officer, Office of Extramural Policy Bethesda, MD 20852. and Review, National Institute on Drug Contact Person: Jose F. Ruiz, Ph.D., Abuse, NIH, DHHS, Room 4227, MSC 9550, DEPARTMENT OF HEALTH AND Scientific Review Officer, Office of 6001 Executive Boulevard, Bethesda, MD Extramural Affairs, National Institute on 20892–9550, (301) 435–1439, lf33c.nih.gov. HUMAN SERVICES Drug Abuse, NIH, Room 4228, MSC 9550, Name of Committee: National Institute on 6001 Executive Blvd., Bethesda, MD 20892– National Institutes of Health Drug Abuse Special Emphasis Panel, NIDA 9550, (301) 451–3086, [email protected]. Research ‘‘Center of Excellence’’ Grant National Institute on Drug Abuse; Name of Committee: National Institute on Program (P50). Notice of Closed Meetings Drug Abuse Special Emphasis Panel, Phase II Date: March 16, 2016. in person interview: Avenir Award Program Time: 9:00 a.m. to 4:00 p.m. Pursuant to section 10(d) of the for Research on Substance Abuse and HIV/ Agenda: To review and evaluate grant Federal Advisory Committee Act, as AIDS (DP2). applications. amended (5 U.S.C. App), notice is Date: March 8, 2016. Place: Bethesda North Marriott Hotel & hereby given of the following meetings. Time: 8:00 a.m. to 5:00 p.m. Conference Center, 5701 Marinelli Road, Agenda: To review and evaluate grant Bethesda, MD 20852. The meetings will be closed to the applications. Contact Person: Jagadeesh S. Rao, Ph.D., public in accordance with the Place: Courtyard by Marriott, 5520 Scientific Review Officer, Office of provisions set forth in sections Wisconsin Avenue, Chevy Chase, MD 20815. Extramural Policy and Review, National 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Contact Person: Hiromi Ono, Ph.D., Institute on Drug Abuse, National Institutes as amended. The grant applications and Scientific Review Officer, Office of of Health, DHHS, 6001 Executive Boulevard, the discussions could disclose Extramural Affairs, National Institute on Room 4234, MSC 9550, Bethesda, MD 20892, confidential trade secrets or commercial Drug Abuse, National Institutes of Health, 301–443–9511, [email protected]. property such as patentable material, DHHS, 6001 Executive Boulevard, Room Name of Committee: National Institute on and personal information concerning 4238, MSC 9550, Bethesda, MD 20892, 301– Drug Abuse Special Emphasis Panel, NIDA 402–6020, [email protected]. individuals associated with the grant Core Center of Excellence Grant Program applications, the disclosure of which Name of Committee: National Institute on (P30). Drug Abuse Special Emphasis Panel, Phase II Date: March 17, 2016. would constitute a clearly unwarranted in person interview: Avenir Award Program Time: 9:00 a.m. to 4:00 p.m. invasion of personal privacy. for Genetics or Epigenetics of Substance Agenda: To review and evaluate grant Name of Committee: National Institute on Abuse (DP1). applications. Drug Abuse Special Emphasis Panel, NIH Date: March 10, 2016. Place: Bethesda North Marriott Hotel & Pathway to Independence Award (K99/R00). Time: 8:00 a.m. to 5:00 p.m. Conference Center, 5701 Marinelli Road, Date: March 2, 2016. Agenda: To review and evaluate grant Bethesda, MD 20852. Time: 9:00 a.m. to 5:00 p.m. applications. Contact Person: Jagadeesh S. Rao, Ph.D., Agenda: To review and evaluate grant Place: Courtyard by Marriott, 5520 Scientific Review Officer, Office of applications. Wisconsin Avenue, Chevy Chase, MD 20815. Extramural Policy and Review, National

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Institute on Drug Abuse, National Institutes Dated: February 8, 2016. the International Maritime Organization of Health, DHHS, 6001 Executive Boulevard, Melanie J. Gray, (IMO) has adopted a mandatory code, Room 4234, MSC 9550, Bethesda, MD 20892, Program Analyst, Office of Federal Advisory the International Code for Ships 301–443–9511, [email protected]. Committee Policy. Operating in Polar Waters, commonly (Catalogue of Federal Domestic Assistance [FR Doc. 2016–02851 Filed 2–11–16; 8:45 am] referred to as the Polar Code. The Polar Program Nos.: 93.279, Drug Abuse and BILLING CODE 4140–01–P Code addresses safety and Addiction Research Programs, National environmental requirements for vessels, Institutes of Health, HHS) as well as the level of training required for deck officers, and is expected to Dated: February 8, 2016. DEPARTMENT OF HOMELAND SECURITY come into force on January 1, 2017. Natasha M. Copeland, In order to obtain input from U.S. Program Analyst, Office of Federal Advisory Coast Guard stakeholders and to facilitate the Committee Policy. development of the U.S. position at the [Docket No. USCG–2016–0017] [FR Doc. 2016–02849 Filed 2–11–16; 8:45 am] IMO on the training requirements needed to support the Polar Code, the BILLING CODE 4140–01–P Policy Letter: Guidance for Training of Merchant Marine Personnel Advisory Deck Officers on Vessels Subject to Committee (MERPAC) chartered a the International Code for Ships working group in 2013 to address DEPARTMENT OF HEALTH AND Operating in the Polar Waters HUMAN SERVICES mariner training in support of the polar AGENCY: Coast Guard, DHS. code. The working group developed a National Institutes of Health ACTION: Notice of availability. proposal that included the training competencies for U.S. mariners serving National Institute of General Medical SUMMARY: The Coast Guard announces on ships operating in polar waters. The Sciences; Notice of Closed Meeting the availability, in the docket, of a working group held multiple meetings policy letter which provides voluntary and provided recommendations on Pursuant to section 10(d) of the guidance for the training of deck officers minimum standards of competence, sea Federal Advisory Committee Act, as on vessels operating in polar waters. It service, and recency requirements for amended (5 U.S.C. App.), notice is recommends training measures that will polar training at the basic and advanced hereby given of the following meeting. achieve a higher level of safety for levels. The group also developed The meeting will be closed to the mariners working in this specialized recommendations on how existing public in accordance with the polar environment. It is applicable to mariners with experience operating in provisions set forth in sections SOLAS vessels operating outside the polar waters would be grandfathered 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., boundary line and subject to the under the new requirements. MERPAC as amended. The grant applications and International Code for Ships Operating adopted the working group’s the discussions could disclose in Polar Waters (Polar Code). The draft recommendations, which provided the confidential trade secrets or commercial policy letter and voluntary guidance basis of the U.S. position regarding the property such as patentable material, would not apply to vessels on voyages relevant amendments to the and personal information concerning that do not operate in areas subject to International Convention on Standards individuals associated with the grant the Polar Code. of Training, Certification and Watchkeeping for Seafarers (STCW applications, the disclosure of which DATES: This policy letter is effective on Convention), 1978, as amended, and the would constitute a clearly unwarranted February 12, 2016. invasion of personal privacy. Seafarers’ Training, Certification and FOR FURTHER INFORMATION CONTACT: If Watchkeeping Code (STCW Code). The Name of Committee: NIGMS Initial Review you have questions about this STCW Convention and Code provide Group; Training and Workforce Development document, contact Cathleen Mauro, the international standards for seafarers. Subcommittee—C. Marine Personnel Qualifications Through the work of the IMO’s Sub- Date: March 7, 2016. Division (CG–OES–1), U.S. Coast Guard; committee on Human Element, Training Time: 8:30 a.m. to 5:00 p.m. telephone 202–372–1449, or and Watchkeeping (HTW), amendments Agenda: To review and evaluate grant [email protected]. to the STCW Convention and Code were applications. SUPPLEMENTARY INFORMATION: developed to define the training Place: Ritz-Carlton Hotel, 1700 Tysons requirements needed to support the Boulevard, McLean, VA 22102. Viewing Materials in the Docket implementation of the Polar Code. Contact Person: Mona R. Trempe, Ph.D., The policy letter is available in the These amendments were approved by Scientific Review Officer, Office of Scientific docket and can be viewed by going to Review, National Institute of General Medical the Maritime Safety Committee on its Sciences, National Institutes of Health, 45 www.regulations.gov, inserting USCG– Ninety Fifth Session (MSC 95), and are Center Drive, Room 3AN12, Bethesda, MD 2016–0017 in the ‘‘Keyword’’ box, and expected to be adopted by the IMO in 20892, 301–594–3998, trempemo@ then clicking ‘‘Search.’’ July of 2016. The amendments are expected to enter into force on January mail.nih.gov. Background and Purpose (Catalogue of Federal Domestic Assistance 1, 2018. Current shipping trends show an Cognizant that there is a gap between Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and increase in the number of vessels the time the Polar Code enters into force Biophysics Research; 93.859, Pharmacology, regularly transiting remote polar areas. on January 1, 2017 and the adoption of Physiology, and Biological Chemistry Vessels in polar waters experience the amendments to the STCW Research; 93.862, Genetics and unpredictable and poor weather Convention by IMO in July of 2016, the Developmental Biology Research; 93.88, conditions, degraded navigation tools, Coast Guard has developed a policy Minority Access to Research Careers; 93.96, threats to operating equipment and letter that recommends training Special Minority Initiatives; 93.859, increased stability concerns. In response guidelines for deck officers on vessels Biomedical Research and Research Training, to the challenges faced by these vessels operating in polar waters. The Coast National Institutes of Health, HHS) and the concern for their safe operation, Guard is providing this guidance to

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ensure there are sufficiently trained characteristics relevant to his or her SUMMARY: Notice is hereby given, mariners by the time the Polar Code routine and emergency duties or pursuant to CBP regulations, that enters into force. responsibilities. AmSpec Services, LLC, has been approved to gauge petroleum and Discussion If training regulations are published, training completed to meet the certain petroleum products and Recognizing that the operation of requirements described in the policy accredited to test petroleum and certain ships sailing in polar waters calls for letter may be evaluated on a case by petroleum products for customs specific education, training, experience case basis, and considered to meet part purposes for the next three years as of and related qualifications for officers, of the transitional provisions of the August 12, 2015. Resolution 11 of the 2010 amendments training requirements for Basic or DATES: Effective Dates: The to the STCW Convention included non- Advanced Polar Waters Operations. accreditation and approval of AmSpec mandatory guidance on training for Services, LLC, as commercial gauger deck and engineer officers serving on Voluntary Policy and laboratory became effective on ships operating in polar waters. The August 12, 2015. The next triennial guidance is contained in Section The guidance provided in this policy letter is voluntary, except where inspection date will be scheduled for B–V/g of the STCW Code. The training August 2018. requirements of the Polar Code, existing regulatory requirements are FOR FURTHER INFORMATION CONTACT: however, go beyond what is addressed discussed. Although it may assist the in Section B–V/g of the STCW Code, by industry, public, Coast Guard, and other Approved Gauger and Accredited utilizing a risk-assessment to addresses Federal and State regulators in applying Laboratories Manager, Laboratories and the applicability of different levels of existing statutory and regulatory Scientific Services Directorate, U.S. training required for deck officers requirements, the policy letter and Customs and Border Protection, 1300 engaged on ships operating in polar guidance it contains are not a substitute Pennsylvania Avenue NW., Suite waters. Chapter 12 of The Polar Code for applicable legal requirements nor are 1500N, Washington, DC 20229, tel. 202– identifies the level of training required they regulations themselves. We note 344–1060. for deck officers on ships subject to the the ongoing work of the IMO in this SUPPLEMENTARY INFORMATION: Notice is Polar Code taking into account the type area, in particular regarding training of hereby given pursuant to 19 CFR 151.12 of vessel and the ice conditions in the personnel engaged in polar waters. and 19 CFR 151.13, that AmSpec operating area. The levels of training are Developments within this body will be Services, LLC, 100–B Redoubt Rd., either Basic or Advanced Training for taken into account during possible Yorktown, VA 23692, has been Ships Operating in Polar Waters. The future revisions of the draft policy letter. approved to gauge petroleum and interim guidance in this policy is based During the course of local operations, certain petroleum products and upon the amendments to the STCW each Coast Guard Captain of the Port accredited to test petroleum and certain Convention and Code supporting the (COTP) has discretionary authority on petroleum products for customs mandatory training requirements in how best to address specific safety and purposes, in accordance with the Chapter 12 of the Polar Code. security concerns within his or her area provisions of 19 CFR 151.12 and 19 CFR The requirements to meet the of responsibility consistent with 33 CFR 151.13. AmSpec Services, LLC is standards of competence for Basic or 1.01–30. Nothing in the policy letter or approved for the following gauging Advanced Training for Ships Operating the guidance it contains is meant to procedures for petroleum and certain in Polar Waters are defined in the STCW override or limit the discretion of the petroleum products from the American amendments supporting the Polar Code. COTP when addressing the unique Petroleum Institute (API): A mariner may satisfy the standard of safety concerns of vessels operating in competence for Basic or Advanced polar waters. API Title Training in Polar Code Operations by This notice is issued under authority Chapters meeting the respective sea service and of 5 U.S.C. 552(a). 3 ...... Tank Gauging. training requirements prescribed in Dated: February 8, 2016. 7 ...... Temperature Determination. Enclosure (1) of the Policy Letter. J.G. Lantz, 8 ...... Sampling. By meeting the basic or advanced 9 ...... Density Determinations. training standard required by the Polar Director of Commercial Regulations and 12 ...... Calculations. Code, mariners are also meeting the Standards, U.S. Coast Guard. 17 ...... Maritime Measurement. familiarization requirements of 46 CFR [FR Doc. 2016–02890 Filed 2–11–16; 8:45 am] 15.405, which states that each BILLING CODE 9110–04–P AmSpec Services, LLC is accredited credentialed mariner must be familiar for the following laboratory analysis with the relevant characteristics of the procedures and methods for petroleum vessel appropriate to his or her duties DEPARTMENT OF HOMELAND and certain petroleum products set forth and responsibilities prior to assuming SECURITY by the U.S. Customs and Border those duties and responsibilities. On Protection Laboratory Methods (CBPL) U.S. Customs and Border Protection board a seagoing vessel, this and American Society for Testing and responsibility rests with both the Accreditation and Approval of AmSpec Materials (ASTM): Anyone wishing to mariner and the employer as set forth in Services, Llc, as a Commercial Gauger employ this entity to conduct laboratory 46 CFR 15.1105, which requires and Laboratory analyses and gauger services should mariners subject to STCW to complete request and receive written assurances familiarization training before AGENCY: U.S. Customs and Border from the entity that it is accredited or performing any duty or being assigned Protection, Department of Homeland approved by the U.S. Customs and any responsibility unless they are Security. Border Protection to conduct the familiar with those duties and specific test or gauger service requested. ACTION: Notice of accreditation and responsibilities and with all of the Alternatively, inquiries regarding the approval of AmSpec Services, LLC, as a vessel’s arrangements, installations, specific test or gauger service this entity commercial gauger and laboratory. equipment, procedures, and is accredited or approved to perform

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may be directed to the U.S. Customs and Inspectorate America Corporation as CBPL ASTM Title Border Protection by calling (202) 344– No. commercial gauger and laboratory 1060. The inquiry may also be sent to became effective on July 22, 2015. The [email protected]. Please 27–57 D7039 Standard Test Method for next triennial inspection date will be Sulfur in Gasoline and scheduled for July 2018. reference the Web site listed below for Diesel Fuel by a complete listing of CBP approved Monochromatic Wave- FOR FURTHER INFORMATION CONTACT: gaugers and accredited laboratories. length Dispersive X-Ray Approved Gauger and Accredited http://www.cbp.gov/about/labs- Fluorescence Spectrom- Laboratories Manager, Laboratories and scientific/commercial-gaugers-and- etry Scientific Services Directorate, U.S. laboratories. 27–58 D5191 Standard Test Method For Customs and Border Protection, 1300 Vapor Pressure of Petro- Pennsylvania Avenue NW., Suite leum Products 1500N, Washington, DC 20229, tel. 202– CBPL ASTM Title No. 344–1060. Dated: February 5, 2016. SUPPLEMENTARY INFORMATION: Notice is 27–02 D1298 Standard Practice for Den- Ira S. Reese, sity, Relative Density hereby given pursuant to 19 CFR 151.12 Executive Director, Laboratories and (Specific Gravity), or API and 19 CFR 151.13, that Inspectorate Scientific Services Directorate. Gravity of Crude Petro- America Corporation, 2947 Dutton Mill leum and Liquid Petro- [FR Doc. 2016–02960 Filed 2–11–16; 8:45 am] Rd., Suite A–1, Aston, PA 19014, has leum Products by Hy- BILLING CODE 9111–14–P been approved to gauge petroleum and drometer Meter certain petroleum products and 27–04 D95 ... Standard Test Method for accredited to test petroleum and certain Water in Petroleum Prod- DEPARTMENT OF HOMELAND petroleum products for customs ucts and Bituminous Ma- SECURITY purposes, in accordance with the terials by Distillation provisions of 19 CFR 151.12 and 19 CFR 27–06 D473 Standard Test Method for U.S. Customs and Border Protection Sediment in Crude Oils 151.13. Inspectorate America and Fuel Oils by the Ex- Accreditation and Approval of Corporation is approved for the traction Method Inspectorate America Corporation, As following gauging procedures for 27–08 D86 ... Standard Test Method for a Commercial Gauger and Laboratory petroleum and certain petroleum Distillation of Petroleum products from the American Petroleum Products AGENCY: U.S. Customs and Border Institute (API): 27–11 D445 Standard Test Method for Protection, Department of Homeland Kinematic Viscosity of Security. API chapters Title Transparent and Opaque ACTION: Notice of accreditation and Liquids approval of Inspectorate America 3 ...... Tank Gauging 27–13 D4294 Standard Test Method for Corporation as a commercial gauger and Sulfur in Petroleum and 7 ...... Temperature Determination Petroleum Products by laboratory. 8 ...... Sampling 9 ...... Density Determinations Energy-Dispersive X-ray SUMMARY: Notice is hereby given, Fluorescence Spectrom- 12 ...... Calculations etry pursuant to CBP regulations, that 17 ...... Maritime Measurement 27–48 D4052 Standard Test Method for Inspectorate America Corporation has Density and Relative Den- been approved to gauge petroleum and Inspectorate America Corporation is sity of Liquids by Digital certain petroleum products and accredited for the following laboratory Density Meter accredited to test petroleum and certain analysis procedures and methods for petroleum products for customs petroleum and certain petroleum purposes for the next three years as of products set forth by the U.S. Customs July 22, 2015. and Border Protection Laboratory DATES: Effective Dates: The Methods (CBPL) and American Society accreditation and approval of for Testing and Materials (ASTM):

CBPL No. ASTM Title

27–02 ...... D1298 Standard Practice for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liq- uid Petroleum Products by Hydrometer Meter. 27–03 ...... D4006 Standard Test Method for Water in Crude Oil by Distillation. 27–05 ...... D4928 Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration. 27–06 ...... D473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27–08 ...... D86 Standard Test Method for Distillation of Petroleum Products. 27–11 ...... D445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids. 27–13 ...... D4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Fluores- cence Spectrometry. 27–48 ...... D4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27–54 ...... D1796 Standard Test Method for Water and Sediment in Fuel Oils by the Centrifuge Method. 27–58 ...... D5191 Standard Test Method For Vapor Pressure of Petroleum Products.

Anyone wishing to employ this entity entity that it is accredited or approved inquiries regarding the specific test or to conduct laboratory analyses and by the U.S. Customs and Border gauger service this entity is accredited gauger services should request and Protection to conduct the specific test or or approved to perform may be directed receive written assurances from the gauger service requested. Alternatively, to the U.S. Customs and Border

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Protection by calling (202) 344–1060. ACTION: Notice of accreditation and Paulsboro, NJ 08066, has been approved The inquiry may also be sent to approval of AmSpec Services, LLC, as a to gauge petroleum and certain [email protected]. Please commercial gauger and laboratory. petroleum products and accredited to reference the Web site listed below for test petroleum and certain petroleum SUMMARY: Notice is hereby given, a complete listing of CBP approved products for customs purposes, in pursuant to CBP regulations, that accordance with the provisions of 19 gaugers and accredited laboratories. AmSpec Services, LLC, has been http://www.cbp.gov/about/labs- CFR 151.12 and 19 CFR 151.13. AmSpec approved to gauge petroleum and Services, LLC is approved for the scientific/commercial-gaugers-and- certain petroleum products and laboratories. following gauging procedures for accredited to test petroleum and certain petroleum and certain petroleum Dated: February 5, 2016. petroleum products for customs products from the American Petroleum purposes for the next three years as of Ira S. Reese, Institute (API): July 29, 2015. Executive Director, Laboratories and Scientific Services Directorate. DATES: Effective Dates: The API Chapters Title accreditation and approval of AmSpec [FR Doc. 2016–02951 Filed 2–11–16; 8:45 am] Services, LLC, as commercial gauger 1 ...... Vocabulary BILLING CODE 9111–14–P and laboratory became effective on July 3 ...... Tank Gauging 29, 2015. The next triennial inspection 7 ...... Temperature Determination date will be scheduled for July 2018. 8 ...... Sampling DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: 11 ...... Physical Properties SECURITY Approved Gauger and Accredited 12 ...... Calculations 17 ...... Maritime Measurement U.S. Customs and Border Protection Laboratories Manager, Laboratories and Scientific Services Directorate, U.S. Accreditation and Approval of AmSpec Customs and Border Protection, 1300 AmSpec Services, LLC is accredited for Services, LLC, as a Commercial Pennsylvania Avenue NW., Suite the following laboratory analysis Gauger and Laboratory 1500N, Washington, DC 20229, tel. 202– procedures and methods for petroleum 344–1060. and certain petroleum products set forth AGENCY: U.S. Customs and Border SUPPLEMENTARY INFORMATION: Notice is by the U.S. Customs and Border Protection, Department of Homeland hereby given pursuant to 19 CFR 151.12 Protection Laboratory Methods (CBPL) Security. and 19 CFR 151.13, that AmSpec and American Society for Testing and Services, LLC, 1300 North Delaware St., Materials (ASTM):

CBPL No. ASTM Title

27–01 ...... D287 ...... Standard Test Method for API Gravity of crude Petroleum and Petro- leum Products. 27–02 ...... D1298 ...... Standard Practice for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liquid Petroleum Products by Hydrometer Meter. 27–03 ...... D4006 ...... Standard Test Method for Water in Crude Oil by Distillation. 27–04 ...... D95 ...... Standard Test Method for Water in Petroleum Products and Bitu- minous Materials by Distillation. 27–06 ...... D473 ...... Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27–08 ...... D86 ...... Standard Test Method for Distillation of Petroleum Products. 27–11 ...... D445 ...... Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids. 27–13 ...... D4294 ...... Standard Test Method for Sulfur in Petroleum and Petroleum Prod- ucts by Energy-Dispersive X-ray Fluorescence Spectrometry. 27–48 ...... D4052 ...... Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27–50 ...... D93 ...... Standard Test Methods for Flash-Point by Pensky-Martens Closed Cup Tester. 27–53 ...... D2709 ...... Standard Test Method for Water and Sediment in Middle Distillate Fuels by Centrifuge. 27–54 ...... D1796 ...... Standard Test Method for Water and Sediment in Fuel Oils by the Centrifuge Method. 27–58 ...... D5191 ...... Standard Test Method For Vapor Pressure of Petroleum Products. Pending ...... D4377 ...... Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dynamic Viscosity). Pending ...... D3606 ...... Standard Test Method for Determination of Benzene and Toluene in Finished Motor and Aviation Gasoline by Gas Chromatography. Pending ...... D2699 ...... Octane Number of Spark-Ignition Engine Fuel. Pending ...... D2700 ...... Motor Octane Number of Spark-Ignition Engine Fuel. Pending ...... D5599 ...... Standard Test Method for Determination of Oxygenates in Gasoline by Gas Chromatography and Oxygen Selective Flame Ionization Detection. Pending ...... D5769 ...... Determination of Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas Chromatography/Mass Spectrometry.

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Anyone wishing to employ this entity DEPARTMENT OF HOMELAND 1500N, Washington, DC 20229, tel. 202– to conduct laboratory analyses and SECURITY 344–1060. gauger services should request and U.S. Customs and Border Protection SUPPLEMENTARY INFORMATION: Notice is receive written assurances from the hereby given pursuant to 19 CFR 151.12 entity that it is accredited or approved Accreditation and Approval of Saybolt and 19 CFR 151.13, that Saybolt LP, 201 by the U.S. Customs and Border LP as a Commercial Gauger and Deerwood Glen Dr., Deer Park TX Protection to conduct the specific test or Laboratory 77536, has been approved to gauge gauger service requested. Alternatively, petroleum and certain petroleum inquiries regarding the specific test or AGENCY: U.S. Customs and Border products and accredited to test gauger service this entity is accredited Protection, Department of Homeland petroleum and certain petroleum or approved to perform may be directed Security. products for customs purposes, in to the U.S. Customs and Border ACTION: Notice of accreditation and accordance with the provisions of 19 Protection by calling (202) 344–1060. approval of Saybolt LP as a commercial CFR 151.12 and 19 CFR 151.13. Saybolt The inquiry may also be sent to gauger and laboratory. LP is approved for the following gauging [email protected]. Please SUMMARY: Notice is hereby given, procedures for petroleum and certain reference the Web site listed below for pursuant to CBP regulations, that petroleum products from the American a complete listing of CBP approved Saybolt LP has been approved to gauge Petroleum Institute (API): gaugers and accredited laboratories. petroleum and certain petroleum http://www.cbp.gov/about/labs- API products and accredited to test chapters Title scientific/commercial-gaugers-and- petroleum and certain petroleum laboratories. products for customs purposes for the 3 ...... Tank gauging. Dated: February 5, 2016. next three years as of June 3, 2015. 7 ...... Temperature determination. DATES: Effective Date: The accreditation 8 ...... Sampling. Ira S. Reese, and approval of Saybolt LP as 12 ...... Calculations. Executive Director, Laboratories and commercial gauger and laboratory 17 ...... Maritime measurement. Scientific Services Directorate. became effective on June 3, 2015. The [FR Doc. 2016–02954 Filed 2–11–16; 8:45 am] next triennial inspection date will be Saybolt LP is accredited for the BILLING CODE 9111–14–P scheduled for June 2018. following laboratory analysis FOR FURTHER INFORMATION CONTACT: procedures and methods for petroleum Approved Gauger and Accredited and certain petroleum products set forth Laboratories Manager, Laboratories and by the U.S. Customs and Border Scientific Services Directorate, U.S. Protection Laboratory Methods (CBPL) Customs and Border Protection, 1300 and American Society for Testing and Pennsylvania Avenue NW., Suite Materials (ASTM):

CBPL No. ASTM Title

27–50 ...... ASTM D–93 ... Standard Test Methods for Flash-Point by Pensky-Martens Closed Cup Tester. 27–13 ...... ASTM D–4294 Standard test method for sulfur in petroleum and petroleum products by energy-dispersive x-ray fluorescence spectrometry. 27–04 ...... ASTM D–95 ... Standard test method for water in petroleum products and bituminous materials by distillation. 27–06 ...... ASTM D–473 Standard test method for sediment in crude oils and fuel oils by the extraction method. 27–08 ...... ASTM D–86 ... Standard test method for distillation of petroleum products at atmospheric pressure. 27–01 ...... ASTM D–287 Standard test method for API gravity of crude petroleum and petroleum products (Hydrometer method). 27–02 ...... ASTM D–1298 Standard practice for density, relative density (specific gravity), or API gravity of crude petroleum and liquid petroleum products by hydrometer method. 27–03 ...... ASTM D–4006 Standard test method for water in crude oil by distillation. 27–05 ...... ASTM D–4928 Standard test method for water by Coulometric Karl Fischer Titration. 27–07 ...... ASTM D–4807 Standard test method for sediment in crude oil by membrane filtration. 27–11 ...... ASTM D–445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids. 27–14 ...... ASTM D–2622 Standard test method for sulfur in petroleum and petroleum products by wavelength energy-dispersive X-Ray spectrometer. 27–46 ...... ASTM D–5002 Standard test method for density and relative density of crude oils by digital density analyzer. 27–48 ...... ASTM D–4052 Standard test method for density and relative density of liquids by digital density analyzer. 27–53 ...... ASTM D–2709 Standard test method for water & sediment in middle distillate fuels by centrifuge. 27–58 ...... ASTM D–5191 Standard test method for vapor pressure of petroleum products (Mini Method).

Anyone wishing to employ this entity to the U.S. Customs and Border Dated: February 5, 2016. to conduct laboratory analyses and Protection by calling (202) 344–1060. Ira S. Reese, gauger services should request and The inquiry may also be sent to Executive Director, Laboratories and receive written assurances from the [email protected]. Please Scientific Services Directorate. entity that it is accredited or approved reference the Web site listed below for [FR Doc. 2016–02961 Filed 2–11–16; 8:45 am] by the U.S. Customs and Border a complete listing of CBP approved BILLING CODE 9111–14–P Protection to conduct the specific test or gaugers and accredited laboratories. gauger service requested. Alternatively, http://www.cbp.gov/about/labs- inquiries regarding the specific test or scientific/commercial-gaugers-and- gauger service this entity is accredited laboratories. or approved to perform may be directed

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DEPARTMENT OF HOMELAND below. Additionally, the current request for reconsideration of the SECURITY effective FIRM and FIS report for each revised flood hazard information shown community are accessible online on the Preliminary FIRM and FIS report Federal Emergency Management through the FEMA Map Service Center that satisfies the data requirements Agency at www.msc.fema.gov for comparison. outlined in 44 CFR 67.6(b) is considered [Docket ID FEMA–2016–0002; Internal You may submit comments, identified an appeal. Comments unrelated to the Agency Docket No. FEMA–B–1557] by Docket No. FEMA–B–1557, to Luis flood hazard determinations also will be Rodriguez, Chief, Engineering considered before the FIRM and FIS Proposed Flood Hazard Management Branch, Federal Insurance report become effective. Determinations and Mitigation Administration, FEMA, Use of a Scientific Resolution Panel 500 C Street SW., Washington, DC AGENCY: Federal Emergency (SRP) is available to communities in 20472, (202) 646–4064, or (email) Management Agency, DHS. support of the appeal resolution [email protected]. ACTION: Notice. process. SRPs are independent panels of FOR FURTHER INFORMATION CONTACT: Luis experts in hydrology, hydraulics, and SUMMARY: Comments are requested on Rodriguez, Chief, Engineering other pertinent sciences established to proposed flood hazard determinations, Management Branch, Federal Insurance review conflicting scientific and which may include additions or and Mitigation Administration, FEMA, technical data and provide modifications of any Base Flood 500 C Street SW., Washington, DC recommendations for resolution. Use of Elevation (BFE), base flood depth, 20472, (202) 646–4064, or (email) the SRP only may be exercised after Special Flood Hazard Area (SFHA) [email protected]; or visit FEMA and local communities have been boundary or zone designation, or the FEMA Map Information eXchange engaged in a collaborative consultation regulatory floodway on the Flood (FMIX) online at process for at least 60 days without a Insurance Rate Maps (FIRMs), and www.floodmaps.fema.gov/fhm/fmx_ mutually acceptable resolution of an where applicable, in the supporting main.html. appeal. Additional information Flood Insurance Study (FIS) reports for SUPPLEMENTARY INFORMATION: FEMA regarding the SRP process can be found _ the communities listed in the table proposes to make flood hazard online at http://floodsrp.org/pdfs/srp _ below. The purpose of this notice is to determinations for each community fact sheet.pdf. seek general information and comment listed below, in accordance with section The watersheds and/or communities regarding the preliminary FIRM, and 110 of the Flood Disaster Protection Act affected are listed in the tables below. where applicable, the FIS report that the of 1973, 42 U.S.C. 4104, and 44 CFR The Preliminary FIRM, and where Federal Emergency Management Agency 67.4(a). applicable, FIS report for each (FEMA) has provided to the affected These proposed flood hazard community are available for inspection communities. The FIRM and FIS report determinations, together with the at both the online location and the are the basis of the floodplain floodplain management criteria required respective Community Map Repository management measures that the by 44 CFR 60.3, are the minimum that address listed in the tables. For community is required either to adopt are required. They should not be communities with multiple ongoing or to show evidence of having in effect construed to mean that the community Preliminary studies, the studies can be in order to qualify or remain qualified must change any existing ordinances identified by the unique project number for participation in the National Flood that are more stringent in their and Preliminary FIRM date listed in the Insurance Program (NFIP). In addition, floodplain management requirements. tables. Additionally, the current the FIRM and FIS report, once effective, The community may at any time enact effective FIRM and FIS report for each will be used by insurance agents and stricter requirements of its own or community are accessible online others to calculate appropriate flood pursuant to policies established by other through the FEMA Map Service Center insurance premium rates for new Federal, State, or regional entities. at www.msc.fema.gov for comparison. buildings and the contents of those These flood hazard determinations are buildings. (Catalog of Federal Domestic Assistance No. used to meet the floodplain 97.022, ‘‘Flood Insurance.’’) DATES: Comments are to be submitted management requirements of the NFIP on or before May 12, 2016. and also are used to calculate the Dated: January 22, 2016. ADDRESSES: The Preliminary FIRM, and appropriate flood insurance premium Roy E. Wright, where applicable, the FIS report for rates for new buildings built after the Deputy Associate Administrator for Insurance each community are available for FIRM and FIS report become effective. and Mitigation, Department of Homeland inspection at both the online location The communities affected by the Security, Federal Emergency Management and the respective Community Map flood hazard determinations are Agency. Repository address listed in the tables provided in the tables below. Any I. Non-watershed-based studies:

Community Community map repository address

Maricopa County, Arizona and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 15–09–0355S Preliminary Date: September 30, 2015

Town of Wickenburg ...... Town Hall, 155 North Tegner Street, Suite A, Wickenburg, AZ 85390. Unincorporated Areas of Maricopa County ...... Flood Control District of Maricopa County, 2801 West Durango Street, Phoenix, AZ 85009.

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Community Community map repository address

Santa Clara County, California and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 11–09–2194S Preliminary Date: July 8, 2015

City of Milpitas ...... Engineering Division, 455 East Calaveras Boulevard, Milpitas, CA 95035. City of Mountain View ...... Public Works Department, 500 Castro Street, Mountain View, CA 94041. City of Palo Alto ...... Public Works Engineering Department, 250 Hamilton Avenue, Palo Alto, CA 94301. City of San Jose ...... Department of Public Works, 200 East Santa Clara Street, Tower -3rd Floor, San Jose, CA 95113. City of Santa Clara ...... Planning and Inspection Department, 1500 Warburton Avenue, Santa Clara, CA 95050. City of Sunnyvale ...... Department of Public Works, 456 West Olive Avenue, Sunnyvale, CA 94086. Unincorporated Areas of Santa Clara County ...... Department of Planning and Development, 70 West Hedding Street, East Wing, 7th Floor, San Jose, CA 95110.

Santa Cruz County, California and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 11–09–0853S Preliminary Date: September 28, 2015

City of Capitola ...... City Hall, 420 Capitola Avenue, Capitola, CA 95010. City of Santa Cruz ...... City Hall, Planning Department: Permits, Building, Zoning, 809 Center Street, Room 206, Santa Cruz, CA 95060. Unincorporated Areas of Santa Cruz County ...... County of Santa Cruz, Planning Department, 701 Ocean Street, 4th Floor, Santa Cruz, CA 95060.

Noble County, Indiana and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project:15–05–4783S Preliminary Date: September 18, 2015

Unincorporated Areas of Noble County ...... Noble County South Complex, 2090 North State Road 9, Suite 2, Albion, IN 46701.

Olmsted County, Minnesota and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project:15–05–5175S Preliminary Date: September 14, 2015

City of Eyota ...... City Hall, 38 South Front Street Southwest, Eyota, MN 55934. City of Pine Island ...... City Hall, 250 South Main Street, Pine Island, MN 55963.

[FR Doc. 2016–02912 Filed 2–11–16; 8:45 am] SUMMARY: FEMA gives notice that the (75%) to not more than ninety percent BILLING CODE 9110–12–P statewide per capita indicator for (90%) of the eligible cost of permanent recommending cost share adjustments work under section 406 and emergency for major disasters declared on or after work under section 403 and section 407 DEPARTMENT OF HOMELAND January 1, 2016, through December 31, of the Robert T. Stafford Disaster Relief SECURITY 2016, is $137. and Emergency Assistance Act is DATES: This notice applies to major adjusted annually. The adjustment to Federal Emergency Management the indicator is based on the Consumer Agency disasters declared on or after January 1, 2016. Price Index for All Urban Consumers published annually by the U.S. FOR FURTHER INFORMATION CONTACT: [Docket ID FEMA–2016–0001] Department of Labor. For disasters William Roche, Recovery Directorate, declared on January 1, 2016, through Notice of Adjustment of Statewide Per Federal Emergency Management December 31, 2016, the qualifying Capita Indicator for Recommending a Agency, 500 C Street SW., Washington, indicator is $137 per capita of state Cost Share Adjustment DC 20472, (202) 646–3834. population. SUPPLEMENTARY INFORMATION: Pursuant This adjustment is based on an AGENCY: Federal Emergency to 44 CFR 206.47, the statewide per increase of 0.7 percent in the Consumer Management Agency, DHS. capita indicator that is used to Price Index for All Urban Consumers for recommend an increase of the Federal the 12-month period that ended ACTION: Notice. cost share from seventy-five percent December 2015. The Bureau of Labor

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Statistics of the U.S. Department of listed in the table below are finalized. For rating purposes, the currently Labor released the information on Each LOMR revises the Flood Insurance effective community number is shown January 20, 2016. Rate Maps (FIRMs), and in some cases and must be used for all new policies (The following Catalog of Federal Domestic the Flood Insurance Study (FIS) reports, and renewals. Assistance Numbers (CFDA) are to be used currently in effect for the listed The new or modified flood hazard for reporting and drawing funds: 97.030, communities. The flood hazard information is the basis for the Community Disaster Loans; 97.031, Cora determinations modified by each LOMR floodplain management measures that Brown Fund; 97.032, Crisis Counseling; will be used to calculate flood insurance the community is required either to 97.033, Disaster Legal Services; 97.034, premium rates for new buildings and adopt or to show evidence of being Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; their contents. already in effect in order to remain 97.048, Disaster Housing Assistance to DATES: The effective date for each qualified for participation in the Individuals and Households In Presidentially LOMR is indicated in the table below. National Flood Insurance Program Declared Disaster Areas; 97.049, (NFIP). Presidentially Declared Disaster Assistance— ADDRESSES: Each LOMR is available for This new or modified flood hazard Disaster Housing Operations for Individuals inspection at both the respective information, together with the and Households; 97.050, Presidentially Community Map Repository address floodplain management criteria required Declared Disaster Assistance to Individuals listed in the table below and online and Households—Other Needs; 97.036, by 44 CFR 60.3, are the minimum that through the FEMA Map Service Center are required. They should not be Disaster Grants—Public Assistance at www.msc.fema.gov. (Presidentially Declared Disasters); 97.039, construed to mean that the community Hazard Mitigation Grant. FOR FURTHER INFORMATION CONTACT: Luis must change any existing ordinances Rodriguez, Chief, Engineering that are more stringent in their W. Craig Fugate, Management Branch, Federal Insurance floodplain management requirements. Administrator, Federal Emergency and Mitigation Administration, FEMA, The community may at any time enact Management Agency. 500 C Street SW., Washington, DC stricter requirements of its own or [FR Doc. 2016–02908 Filed 2–11–16; 8:45 am] 20472, (202) 646–4064, or (email) pursuant to policies established by other BILLING CODE 9111–23–P [email protected]; or visit Federal, State, or regional entities. the FEMA Map Information eXchange This new or modified flood hazard (FMIX) online at determinations are used to meet the DEPARTMENT OF HOMELAND _ SECURITY www.floodmaps.fema.gov/fhm/fmx floodplain management requirements of main.html. the NFIP and also are used to calculate the appropriate flood insurance Federal Emergency Management SUPPLEMENTARY INFORMATION: The premium rates for new buildings, and Agency Federal Emergency Management Agency for the contents in those buildings. The (FEMA) makes the final flood hazard [Docket ID FEMA–2016–0002] changes in flood hazard determinations determinations as shown in the LOMRs are in accordance with 44 CFR 65.4. Changes in Flood Hazard for each community listed in the table Interested lessees and owners of real Determinations below. Notice of these modified flood property are encouraged to review the hazard determinations has been AGENCY: Federal Emergency final flood hazard information available published in newspapers of local Management Agency, DHS. at the address cited below for each circulation and 90 days have elapsed ACTION: Final notice. community or online through the FEMA since that publication. The Deputy Map Service Center at Associate Administrator for Mitigation SUMMARY: New or modified Base (1- www.msc.fema.gov. percent annual chance) Flood has resolved any appeals resulting from Elevations (BFEs), base flood depths, this notification. (Catalog of Federal Domestic Assistance No. Special Flood Hazard Area (SFHA) The modified flood hazard 97.022, ‘‘Flood Insurance.’’) boundaries or zone designations, and/or determinations are made pursuant to Dated: January 22, 2016. regulatory floodways (hereinafter section 206 of the Flood Disaster Roy E. Wright, referred to as flood hazard Protection Act of 1973, 42 U.S.C. 4105, Deputy Associate Administrator for Insurance determinations) as shown on the and are in accordance with the National and Mitigation, Department of Homeland indicated Letter of Map Revision Flood Insurance Act of 1968, 42 U.S.C. Security, Federal Emergency Management (LOMR) for each of the communities 4001 et seq., and with 44 CFR part 65. Agency.

Location and case Effective date of Community State and county No. Chief executive officer of community Community map repository modification No.

Arizona: Maricopa City of Goodyear The Honorable Georgia Lord, Mayor, City City Hall, 190 North Litchfield Dec. 4, 2015 ...... 040046 (FEMA Dock- (15–09–0312P). of Goodyear, 190 North Litchfield Road, Road, Goodyear, AZ 85338. et No.: B– Goodyear, AZ 85338. 1537). Maricopa Unincorporated The Honorable Steve Chucri, Chairman, Flood Control District of Mari- Dec. 4, 2015 ...... 040037 (FEMA Dock- areas of Maricopa Maricopa County Board of Supervisors, copa County, 2801 West Du- et No.: B– County (15–09– 301 West Jefferson Street, 10th Floor, rango Street, Phoenix, AZ 1537). 0312P). Phoenix, AZ 85003. 85009. Maricopa City of Chandler The Honorable Jay Tibshraeny, Mayor, Public Works Department, 215 Oct. 9, 2015 ...... 040040 (FEMA Dock- (15–09–0578P). City of Chandler, 175 South Arizona East Buffalo Street, Chan- et No.: B– Avenue, Chandler, AZ 85225. dler, AZ 85244. 1537). Maricopa Town of Gilbert (15– The Honorable John Lewis, Mayor, Town Municipal Center, 50 East Civic Oct. 9, 2015 ...... 040044 (FEMA Dock- 09–0578P). of Gilbert, 50 East Civic Center Drive, Center Drive, Gilbert, AZ et No.: B– Gilbert, AZ 85296. 85296. 1537).

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Location and case Effective date of Community State and county No. Chief executive officer of community Community map repository modification No.

Maricopa Unincorporated The Honorable Denny Barney, District 1 Flood Control District, Maricopa Oct. 9, 2015 ...... 040037 (FEMA Dock- areas of Maricopa Supervisor, Maricopa County, 301 West County, 2801 West Durango et No.: B– County (15–09– Jefferson Street, Phoenix, AZ 85003. Street, Phoenix, AZ 85009. 1537). 0578P). Maricopa City of Peoria (15– The Honorable Cathy Carlat, Mayor, City City Hall, 8401 West Monroe Dec. 11, 2015 ...... 040050 (FEMA Dock- 09–1335P). of Peoria, 8401 W. Monroe Street, Peo- Street, Peoria, AZ 85345. et No.: B– ria, AZ 85345. 1552). Pima (FEMA Unincorporated The Honorable Sharon Bronson, Chair, Pima County Flood Control Aug. 19, 2015 ...... 040073 Docket No.: areas of Pima Pima County Board of Supervisors, 130 District, 97 East Congress B–1519). County (15–09– West Congress Street, 11th Floor, Tuc- Street, 3rd Floor, Tucson, AZ 0406P). son, AZ 85701. 85701. Pima (FEMA City of Tucson (15– The Honorable Jonathan Rothschild, Planning and Development Nov. 13, 2015 ...... 040076 Docket No.: 09–0584P). Mayor, City of Tucson, City Hall, 255 Services, 201 North Stone B–1537). W. Alameda Street, Tucson, AZ 85701. Avenue, 1st Floor, Tucson, AZ 85701. Pinal (FEMA City of Maricopa The Honorable Christian Price, Mayor, City Hall, 45145 West Madison Aug. 21, 2015 ...... 040052 Docket No.: (15–09–0819P). City of Maricopa, 39700 West Civic Avenue, Maricopa, AZ 85139. B–1519). Center Plaza, Maricopa, AZ 85138. Yavapai (FEMA City of Cottonwood The Honorable Diane Joens, Mayor, City Public Works Department, Aug. 20, 2015 ...... 040096 Docket No.: (14–09–4202P). of Cottonwood, 827 North Main Street, 1490 West Mingus Avenue, B–1519). Cottonwood, AZ 86326. Cottonwood, AZ 86326. California: Alameda (FEMA City of Alameda (15– The Honorable Trish Herrera Spencer, 950 West Mall Square, Ala- Dec. 11, 2015 ...... 060002 Docket No.: 09–1763X). Mayor, City of Alameda, City Hall, 2263 meda, CA 94501. B–1552). Santa Clara Avenue, Alameda, CA 94501. Los Angeles City of Burbank (15– The Honorable Bob Frutos, Mayor, City of Public Works Department, 275 Dec. 10, 2015 ...... 065018 (FEMA Dock- 09–0591P). Burbank, 275 East Olive Avenue, Bur- East Olive Avenue, Burbank, et No.: B– bank, CA 91502. CA 91502. 1537). Placer (FEMA City of Rocklin (15– The Honorable George Magnuson, Engineering Division, 4081 Aug. 21, 2015 ...... 060242 Docket No.: 09–0659P). Mayor, City of Rocklin, 3970 Rocklin Alvis Court, Rocklin, CA B–1519). Road, Rocklin, CA 95677. 95677. Riverside City of Murrieta (15– The Honorable Harry Ramos, Mayor, City Department of Public Works Aug. 19, 2015 ...... 060751 (FEMA Dock- 09–1205P). of Murrieta, 1 Town Square, Murrieta, and Engineering, 1 Town et No.: B– CA 92562. Square, Murrieta, CA 92562. 1519). Sacramento City of Citrus The Honorable Sue Frost, Mayor, City of General Services Department, Oct. 22, 2015 ...... 060765 (FEMA Dock- Heights (15–09– Citrus Heights, 6237 Fountain Square Engineering Division, 6237 et No.: B– 1345P). Drive, Citrus Heights, CA 95621. Fountain Square Drive, Cit- 1537). rus Heights, CA 95621. San Bernardino City of San The Honorable R. Carey Davis, Mayor, Water Department, 399 Chan- Aug. 24, 2015 ...... 060281 (FEMA Dock- Bernardino (14– City of San Bernardino, 300 North D dler Place, San Bernardino, et No.: B– 09–2935P). Street, 6th Floor, San Bernardino, CA CA 92408. 1519). 92418. San Diego City of Santee (15– The Honorable Randy Voepel, Mayor, City Hall, 10601 Magnolia Ave- Nov. 20, 2015 ...... 060703 (FEMA Dock- 09–0699P). City of Santee, 10601 Magnolia Ave- nue, Santee, CA 92071. et No.: B– nue, Santee, CA 92071. 1537). San Diego Unincorporated The Honorable Bill Horn, Chairman, San Department of Public Works, Aug. 21, 2015 ...... 060284 (FEMA Dock- areas of San Diego County Board of Supervisors, Flood Control, 5510 Over- et No.: B– Diego County (14– 1600 Pacific Highway, Room 335, San land Avenue, Suite 410, San 1519). 09–4066P). Diego, CA 92101. Diego, CA 92123. Santa Clara City of Morgan Hill The Honorable Steve Tate, Mayor, City of Public Works Department, Dec. 14, 2015 ...... 060346 (FEMA Dock- (15–09–1137P). Morgan Hill, 17555 Peak Avenue, Mor- 17555 Peak Avenue, Morgan et No.: B– gan Hill, CA 95037. Hill, CA 95037. 1552). Ventura (FEMA City of Simi Valley The Honorable Bob Huber, Mayor, City of Public Works Department, Oct. 19, 2015 ...... 060421 Docket No.: (15–09–1169P). Simi Valley, 2929 Tapo Canyon Road, 2929 Tapo Canyon Road, B–1537). Simi Valley, CA 93063. Simi Valley, CA 93063. Nevada: Clark (FEMA City of Henderson The Honorable Andy A. Hafen, Mayor, Public Works Department, 240 Aug. 24, 2015 ...... 320005 Docket No.: (15–09–0701P). City of Henderson, 240 Water Street, Water Street, Henderson, NV B–1519). Henderson, NV 89015. 89015. Clark (FEMA City of Henderson The Honorable Andy A. Hafen, Mayor, Public Works Department, 240 Aug. 24, 2015 ...... 320005 Docket No.: (15–09–0720P). City of Henderson, 240 Water Street, Water Street, Henderson, NV B–1519). Henderson, NV 89015. 89015. Clark (FEMA City of Henderson The Honorable Andy A. Hafen, Mayor, Public Works Department, 240 Dec. 10, 2015 ...... 320005 Docket No.: (15–09–0952P). City of Henderson, 240 Water Street, Water Street, Henderson, NV B–1537). Henderson, NV 89015. 89015. Clark (FEMA Unincorporated The Honorable Steve Sisolak, Chairman, Office of the Director of Public Aug. 24, 2015 ...... 320003 Docket No.: areas of Clark Clark County Board of Commissioners, Works, 500 South Grand B–1519). County (15–09– 500 South Grand Central Parkway, 6th Central Parkway, 2nd Floor, 0720P). Floor, Las Vegas, NV 89155. Las Vegas, NV 89155. Clark (FEMA Unincorporated The Honorable Steve Sisolak, Chairman, Office of the Director of Public Oct. 14, 2015 ...... 320003 Docket No.: areas of Clark Clark County Board of Commissioners, Works, 500 South Grand B–1537). County (15–09– 500 South Grand Central Parkway, Las Central Parkway, 2nd Floor, 1082P). Vegas, NV 89155. Las Vegas, NV 89155.

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Location and case Effective date of Community State and county No. Chief executive officer of community Community map repository modification No.

Clark (FEMA Unincorporated The Honorable Steve Sisolak, Chairman, Office of the Director of Public Dec. 3, 2015 ...... 320003 Docket No.: areas of Clark Clark County Board of Commissioners, Works, 500 South Grand B–1519). County (15–09– 500 South Grand Central Parkway, Las Central Parkway, 2nd Floor, 1167P). Vegas, NV 89155. Las Vegas, NV 89155.

[FR Doc. 2016–02909 Filed 2–11–16; 8:45 am] inspection at both the online location provided in the tables below. Any BILLING CODE 9110–12–P and the respective Community Map request for reconsideration of the Repository address listed in the tables revised flood hazard information shown below. Additionally, the current on the Preliminary FIRM and FIS report DEPARTMENT OF HOMELAND effective FIRM and FIS report for each that satisfies the data requirements SECURITY community are accessible online outlined in 44 CFR 67.6(b) is considered through the FEMA Map Service Center an appeal. Comments unrelated to the Federal Emergency Management at www.msc.fema.gov for comparison. flood hazard determinations also will be Agency You may submit comments, identified considered before the FIRM and FIS [Docket ID FEMA–2016–0002; Internal by Docket No. FEMA–B–1551, to Luis report become effective. Rodriguez, Chief, Engineering Agency Docket No. FEMA–B–1551] Use of a Scientific Resolution Panel Management Branch, Federal Insurance (SRP) is available to communities in Proposed Flood Hazard and Mitigation Administration, FEMA, support of the appeal resolution Determinations 500 C Street SW., Washington, DC process. SRPs are independent panels of 20472 (202) 646–4064, or (email) experts in hydrology, hydraulics, and AGENCY: Federal Emergency [email protected]. Management Agency, DHS. other pertinent sciences established to FOR FURTHER INFORMATION CONTACT: Luis ACTION: Notice. review conflicting scientific and Rodriguez, Chief, Engineering technical data and provide Management Branch, Federal Insurance SUMMARY: Comments are requested on recommendations for resolution. Use of proposed flood hazard determinations, and Mitigation Administration, FEMA, the SRP only may be exercised after 500 C Street SW., Washington, DC which may include additions or FEMA and local communities have been 20472, (202) 646–4064, or (email) modifications of any Base Flood engaged in a collaborative consultation [email protected]; or visit Elevation (BFE), base flood depth, process for at least 60 days without a the FEMA Map Information eXchange Special Flood Hazard Area (SFHA) mutually acceptable resolution of an (FMIX) online at boundary or zone designation, or appeal. Additional information www.floodmaps.fema.gov/fhm/fmx_ regulatory floodway on the Flood regarding the SRP process can be found main.html. Insurance Rate Maps (FIRMs), and online at http://floodsrp.org/pdfs/srp_ where applicable, in the supporting SUPPLEMENTARY INFORMATION: FEMA fact_sheet.pdf. proposes to make flood hazard Flood Insurance Study (FIS) reports for The watersheds and/or communities determinations for each community the communities listed in the table affected are listed in the tables below. listed below, in accordance with section below. The purpose of this notice is to The Preliminary FIRM, and where seek general information and comment 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR applicable, FIS report for each regarding the preliminary FIRM, and community are available for inspection where applicable, the FIS report that the 67.4(a). These proposed flood hazard at both the online location and the Federal Emergency Management Agency respective Community Map Repository (FEMA) has provided to the affected determinations, together with the floodplain management criteria required address listed in the tables. For communities. The FIRM and FIS report communities with multiple ongoing are the basis of the floodplain by 44 CFR 60.3, are the minimum that are required. They should not be Preliminary studies, the studies can be management measures that the identified by the unique project number community is required either to adopt construed to mean that the community must change any existing ordinances and Preliminary FIRM date listed in the or to show evidence of having in effect tables. Additionally, the current in order to qualify or remain qualified that are more stringent in their floodplain management requirements. effective FIRM and FIS report for each for participation in the National Flood community are accessible online Insurance Program (NFIP). In addition, The community may at any time enact stricter requirements of its own or through the FEMA Map Service Center the FIRM and FIS report, once effective, at www.msc.fema.gov for comparison. will be used by insurance agents and pursuant to policies established by other others to calculate appropriate flood Federal, State, or regional entities. (Catalog of Federal Domestic Assistance No. insurance premium rates for new These flood hazard determinations are 97.022, ‘‘Flood Insurance.’’) used to meet the floodplain buildings and the contents of those Dated: January 22, 2016. buildings. management requirements of the NFIP and also are used to calculate the Roy E. Wright, DATES: Comments are to be submitted appropriate flood insurance premium Deputy Associate Administrator for Insurance on or before May 12, 2016. rates for new buildings built after the and Mitigation, Department of Homeland ADDRESSES: The Preliminary FIRM, and FIRM and FIS report become effective. Security, Federal Emergency Management where applicable, the FIS report for The communities affected by the Agency. each community are available for flood hazard determinations are I. Watershed-based studies:

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Community Community map repository address

Middle Chattahoochee-Lake Harding Watershed

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Carroll County, Georgia, and Incorporated Areas

City of Whitesburg ...... City Hall, 788 Main Street, Whitesburg, GA 30185. Unincorporated Areas of Carroll County ...... Carroll County Administration Building, Community Development Of- fice, 423 College Street, Carrollton, GA 30117.

Columbus Consolidated Government, Georgia

Columbus Consolidated Government ...... Department of Engineering, Storm Water Division, 420 Tenth Street, 2nd Floor, Columbus, GA 31901.

Harris County, Georgia, and Incorporated Areas

Unincorporated Areas of Harris County ...... Harris County Commissioners’ Office, 104 North College Street, Ham- ilton, GA 31811.

Heard County, Georgia, and Incorporated Areas

City of Franklin ...... City Hall, 118 Davis Street, Franklin, GA 30217. Unincorporated Areas of Heard County...... Heard County Building and Zoning Department, 215 East Court Square, Room 19, Franklin, GA 30217.

Troup County, Georgia, and Incorporated Areas

City of LaGrange ...... City Hall, 200 Ridley Avenue, LaGrange, GA 30240. City of West Point ...... City Hall, 730 First Avenue, West Point, GA 31833. Unincorporated Areas of Troup County ...... Troup County Government Center, 100 Ridley Avenue, LaGrange, GA 30240.

Upper Ocmulgee Watershed

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Butts County, Georgia, and Incorporated Areas

City of Flovilla ...... Butts County Community Services Department, 625 West Third Street, Suite Three, Jackson, GA 30233. City of Jackson ...... Butts County Community Services Department, 625 West Third Street, Suite Three, Jackson, GA 30233. City of Jenkinsburg ...... Butts County Community Services Department, 625 West Third Street, Suite Three, Jackson, GA 30233. Unincorporated Areas of Butts County ...... Butts County Community Services Department, 625 West Third Street, Suite Three, Jackson, GA 30233.

Jasper County, Georgia, and Incorporated Areas

Unincorporated Areas of Jasper County ...... Jasper County Courthouse, Planning and Zoning Department, 126 West Greene Street, Suite 17, Monticello, GA 31064.

Jones County, Georgia, and Incorporated Areas

City of Gray ...... Jones County Planning and Zoning Department, 166 Industrial Boule- vard, Gray, GA 31032. Unincorporated Areas of Jones County ...... Jones County Planning and Zoning Department, 166 Industrial Boule- vard, Gray, GA 31032.

Macon-Bibb County, Georgia (Consolidated Government)

Macon-Bibb County (Consolidated Government) ...... Macon-Bibb County Engineer’s Office, 780 Third Street, Macon, GA 31201.

Monroe County, Georgia, and Incorporated Areas

City of Forsyth ...... City Hall, 26 North Jackson Street, Forsyth, GA 31029. Unincorporated Areas of Monroe County ...... Board of Commissioners’ Building, 38 West Main Street, Forsyth, GA 31029.

Spalding County, Georgia, and Incorporated Areas

City of Griffin ...... City Hall, 100 South Hill Street, Griffin, GA 30224. City of Orchard Hill ...... Orchard Hill City Hall, 2972 Macon Road, Griffin, GA 30224. Unincorporated Areas of Spalding County ...... Spalding County Community Development Center, 119 East Solomon Street, Suite 203, Griffin, GA 30223.

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II. Non-watershed-based studies:

Community Community map repository address

Jackson County, Arkansas, and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 14–06–1860S Preliminary Dates: February 3, 2010 and October 31, 2014

City of Amagon ...... City Hall, 209 Amagon Avenue, Amagon, AR 72005. City of Campbell Station ...... Campbell Station City Hall, 5005 Keeter Circle, Tuckerman, AR 72473. City of Diaz ...... City Hall, 3401 South Main Street, Diaz, AR 72043. City of Newport ...... City Hall, 615 Third Street, Newport, AR 72112. City of Swifton ...... City Hall, 101 Highway 67, Swifton, AR 72471. City of Tuckerman ...... City Hall, 200 West Main Street, Tuckerman, AR 72473. City of Tupelo ...... City Hall and Community Building, 32 Pecan Circle, Tupelo, AR 72169. Town of Beedeville ...... Town Hall, 121 McFaddin Street, Beedeville, AR 72014. Town of Grubbs ...... Town Hall, 420 North Main Street, Grubbs, AR 72431. Town of Jacksonport ...... Town Hall, 304 Avenue Street, Jacksonport, AR 72075. Town of Weldon ...... Fire Station, 1125 Highway 17 South, Weldon, AR 72112. Unincorporated Areas of Jackson County ...... Jackson County Office of Emergency Management, 3405 South Main Street, Diaz, AR 72043.

Harris County, Texas, and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 11–06–0896S Preliminary Date: July 29, 2015

City of Houston ...... Floodplain Management Office, 1002 Washington Avenue, 3rd Floor, Houston, TX 77002. Unincorporated Areas of Harris County ...... Harris County Permit Office, 10555 Northwest Freeway, Suite 120, Houston, TX 77092.

[FR Doc. 2016–02911 Filed 2–11–16; 8:45 am] disaster by the President in his DEPARTMENT OF HOMELAND BILLING CODE 9110–12–P declaration of November 25, 2015. SECURITY

Smith County for Public Assistance [Docket No. DHS–2015–0070] DEPARTMENT OF HOMELAND The following Catalog of Federal Domestic SECURITY Assistance Numbers (CFDA) are to be used Infrastructure Protection Gateway for reporting and drawing funds: 97.030, Facility Surveys Federal Emergency Management Community Disaster Loans; 97.031, Cora AGENCY: National Protection and Agency Brown Fund; 97.032, Crisis Counseling; Programs Directorate, DHS. 97.033, Disaster Legal Services; 97.034, [Internal Agency Docket No. FEMA–4245– ACTION: 30-day notice and request for DR; Docket ID FEMA–2016–0001] Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; comments; New Information Collection Texas; Amendment No. 3 to Notice of 97.048, Disaster Housing Assistance to Request: 1670–NEW. a Major Disaster Declaration Individuals and Households In Presidentially SUMMARY: The Department of Homeland Declared Disaster Areas; 97.049, AGENCY: Federal Emergency Presidentially Declared Disaster Assistance— Security (DHS), National Protection and Management Agency, DHS. Disaster Housing Operations for Individuals Programs Directorate (NPPD), Office of ACTION: Notice. and Households; 97.050 Presidentially Infrastructure Protection (IP), Declared Disaster Assistance to Individuals Infrastructure Information Collection SUMMARY: This notice amends the notice and Households—Other Needs; 97.036, Division (IICD), Infrastructure of a major disaster declaration for the Disaster Grants—Public Assistance Protection Gateway Program will submit State of Texas (FEMA–4245–DR), dated (Presidentially Declared Disasters); 97.039, the following Information Collection November 25, 2015, and related Hazard Mitigation Grant. Request to the Office of Management determinations. and Budget (OMB) for review and DATES: Effective Date: January 29, 2016. W. Craig Fugate, clearance in accordance with the FOR FURTHER INFORMATION CONTACT: Administrator, Federal Emergency Paperwork Reduction Act of 1995 (Pub. Dean Webster, Office of Response and Management Agency. L. 104–13, 44 U.S.C. Chapter 35). Recovery, Federal Emergency [FR Doc. 2016–02907 Filed 2–11–16; 8:45 am] DATES: Comments are encouraged and Management Agency, 500 C Street SW., BILLING CODE 9111–23–P will be accepted until March 14, 2016. Washington, DC 20472, (202) 646–2833. This process is conducted in accordance SUPPLEMENTARY INFORMATION: The notice with 5 CFR 1320.10. of a major disaster declaration for the ADDRESSES: Written comments and State of Texas is hereby amended to questions about this Information include the following area among those Collection Request should be forwarded areas determined to have been adversely to DHS/NPPD/IP/IICD, 245 Murray Lane affected by the event declared a major SW., Mail Stop 0602, Washington, DC

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20528–0612. Emailed requests should practices are planned, defined, Immigration Services (USCIS) will be go to Kimberly Sass, Kimberly.Sass@ implemented, measured, managed, and submitting the following information hq.dhs.gov. Comments must be assessed on a regular basis across all collection request to the Office of identified by ‘‘DHS–2015–0070’’and aspects of facility use and operation. Management and Budget (OMB) for may be submitted by one of the Surveys are usually completed by review and clearance in accordance following methods: government personnel, but can be with the Paperwork Reduction Act of • Federal eRulemaking Portal: http:// performed by individual site owners as 1995. The information collection notice www.regulations.gov. well. was previously published in the Federal • Email: Include the docket number Register on September 22, 2015, at 80 Analysis in the subject line of the message. FR 57201, allowing for a 60-day public Instructions: All submissions received Agency: Department of Homeland comment period. USCIS did receive one must include the words ‘‘Department of Security, National Protection and comment in connection with the 60-day Homeland Security’’ and the docket Programs Directorate, Office of notice. number for this action. Comments Infrastructure Protection, Infrastructure DATES: The purpose of this notice is to received will be posted without Information Collection Division, allow an additional 30 days for public alteration at http://www.regulations.gov, Infrastructure Protection Gateway comments. Comments are encouraged including any personal information Program. and will be accepted until March 14, provided. Title: Infrastructure Protection (IP) 2016. This process is conducted in OMB is particularly interested in Gateway Facility Surveys. accordance with 5 CFR 1320.10. OMB Number: 1670–NEW. comments that: ADDRESSES: Written comments and/or Frequency: Annually, quarterly, and 1. Evaluate whether the proposed suggestions regarding the item(s) collection of information is necessary monthly. Affected Public: Chief Information contained in this notice, especially for the proper performance of the regarding the estimated public burden functions of the agency, including Officers, Chief Information Security Officers, Chief Technology Officers, and and associated response time, must be whether the information will have directed to the OMB USCIS Desk Officer practical utility; Federal and State, local, tribal and _ territorial communities involved in the via email at oira submission@ 2. Evaluate the accuracy of the omb.eop.gov. Comments may also be agency’s estimate of the burden of the protection of CI. Number of Respondents: 2,915 submitted via fax at (202) 395–5806 proposed collection of information, (This is not a toll-free number). All including the validity of the respondents (estimate). Estimated Time per Respondent: 7.5 submissions received must include the methodology and assumptions used; agency name and the OMB Control 3. Enhance the quality, utility, and hours (estimate). Total Burden Hours: 21,863 annual Number 1615–0107. clarity of the information to be You may wish to consider limiting the collected; and burden hours. Total Burden Cost (capital/startup): amount of personal information that you 4. Minimize the burden of the provide in any voluntary submission collection of information on those who $0. Total Recordkeeping Burden: $0. you make. For additional information are to respond, including through the please read the Privacy Act notice that use of appropriate automated, Total Burden Cost (operating/ maintaining): $1,168,795.98 (estimate). is available via the link in the footer of electronic, mechanical, or other http://www.regulations.gov. technological collection techniques or Dated: February 8, 2016. FOR FURTHER INFORMATION CONTACT: other forms of information technology, David Epperson, USCIS, Office of Policy and Strategy, e.g., permitting electronic submissions Chief Information Officer, National Protection Regulatory Coordination Division, of responses. and Programs Directorate, Department of Samantha Deshommes, Acting Chief, 20 Homeland Security. FOR FURTHER INFORMATION CONTACT: Massachusetts Avenue NW., Kimberly Sass, DHS/NPPD/IP/IICD, or [FR Doc. 2016–02871 Filed 2–11–16; 8:45 am] Washington, DC 20529–2140, [email protected]. BILLING CODE 9110–9P–P Telephone number (202) 272–8377 SUPPLEMENTARY INFORMATION: Originally (This is not a toll-free number. under the direction of Homeland DEPARTMENT OF HOMELAND Comments are not accepted via Security Presidential Directive-7 SECURITY telephone message). Please note contact (HSPD–7) (2003) and now under the information provided here is solely for authority of Presidential Policy U.S. Citizenship and Immigration questions regarding this notice. It is not Directive 21 (PPD–21) (2013), DHS/ Services for individual case status inquiries. NPPD/IP has developed the IP Applicants seeking information about Gateway—a centrally managed [OMB Control Number 1615–0107] the status of their individual cases can repository of infrastructure capabilities check Case Status Online, available at Agency Information Collection allowing the Critical Infrastructure (CI) the USCIS Web site at http:// Activities: H–2 Petitioner’s community to work in conjunction with www.uscis.gov, or call the USCIS Employment Related or Fee Related each other toward the same goals. This National Customer Service Center at Notification, No Form; Extension, collection involves the standardized (800) 375–5283; TTY (800) 767–1833. Without Change, of a Currently recording, via a series of web-based SUPPLEMENTARY INFORMATION: forms, of a significant amount of Approved Collection Comments information assembled during voluntary AGENCY: U.S. Citizenship and physical facility review surveys. The Immigration Services, Department of You may access the information survey is used to analyze risks and Homeland Security. collection instrument with instructions, vulnerabilities to a facility and how they ACTION: 30-Day notice. or additional information by visiting the can mitigate risks and vulnerabilities. Federal eRulemaking Portal site at: Questions focus on whether specific sets SUMMARY: The Department of Homeland http://www.regulations.gov and enter of controls and operational best Security (DHS), U.S. Citizenship and USCIS–2009–0015 in the search box.

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Written comments and suggestions from Dated: February 2, 2016. FOR FURTHER INFORMATION CONTACT: the public and affected agencies should Samantha Deshommes, USCIS, Office of Policy and Strategy, address one or more of the following Acting Chief, Regulatory Coordination Regulatory Coordination Division, four points: Division, Office of Policy and Strategy, U.S. Samantha Deshommes, Chief, 20 (1) Evaluate whether the proposed Citizenship and Immigration Services, Massachusetts Avenue NW., collection of information is necessary Department of Homeland Security. Washington, DC 20529–2140, for the proper performance of the [FR Doc. 2016–02363 Filed 2–11–16; 8:45 am] Telephone number (202) 272–8377 functions of the agency, including BILLING CODE 9111–97–P (This is not a toll-free number. whether the information will have Comments are not accepted via practical utility; telephone message). Please note contact DEPARTMENT OF HOMELAND (2) Evaluate the accuracy of the information provided here is solely for SECURITY agency’s estimate of the burden of the questions regarding this notice. It is not for individual case status inquiries. proposed collection of information, U.S. Citizenship and Immigration Applicants seeking information about including the validity of the Services methodology and assumptions used; the status of their individual cases can (3) Enhance the quality, utility, and [OMB Control Number 1615–0015] check Case Status Online, available at the USCIS Web site at http:// clarity of the information to be Agency Information Collection collected; and www.uscis.gov, or call the USCIS Activities: Immigrant Petition for Alien National Customer Service Center at (4) Minimize the burden of the Worker, Form I–140; Extension, (800) 375–5283; TTY (800) 767–1833. collection of information on those who Without Change, of a Currently SUPPLEMENTARY INFORMATION: are to respond, including through the Approved Collection use of appropriate automated, Comments electronic, mechanical, or other AGENCY: U.S. Citizenship and You may access the information technological collection techniques or Immigration Services, Department of collection instrument with instructions, other forms of information technology, Homeland Security. or additional information by visiting the e.g., permitting electronic submission of ACTION: 30-Day notice. Federal eRulemaking Portal site at: responses. SUMMARY: The Department of Homeland http://www.regulations.gov and enter Overview of This Information Security (DHS), U.S. Citizenship and USCIS–2007–0018 in the search box. Collection Immigration Services (USCIS) will be Written comments and suggestions from submitting the following information the public and affected agencies should (1) Type of Information Collection collection request to the Office of address one or more of the following Request: Extension, Without Change, of Management and Budget (OMB) for four points: a Currently Approved Collection. review and clearance in accordance (1) Evaluate whether the proposed (2) Title of the Form/Collection: H–2 with the Paperwork Reduction Act of collection of information is necessary Petitioner’s Employment Related or Fee 1995. The information collection notice for the proper performance of the Related Notification. was previously published in the Federal functions of the agency, including (3) Agency form number, if any, and Register on August 17, 2015, at 80 FR whether the information will have the applicable component of the DHS 49262, allowing for a 60-day public practical utility; sponsoring the collection: No Form; comment period. USCIS did receive four (2) Evaluate the accuracy of the USCIS. public comments in connection with the agency’s estimate of the burden of the (4) Affected public who will be asked 60-day notice. proposed collection of information, or required to respond, as well as a brief DATES: The purpose of this notice is to including the validity of the abstract: Primary: Business or other for- allow an additional 30 days for public methodology and assumptions used; (3) Enhance the quality, utility, and profit. The notification requirement is comments. Comments are encouraged clarity of the information to be necessary to ensure that alien workers and will be accepted until March 14, collected; and maintain their nonimmigrant status and 2016. This process is conducted in (4) Minimize the burden of the will help prevent H–2 workers from accordance with 5 CFR 1320.10. engaging in unauthorized employment. collection of information on those who ADDRESSES: Written comments and/or are to respond, including through the (5) An estimate of the total number of suggestions regarding the item(s) respondents and the amount of time use of appropriate automated, contained in this notice, especially electronic, mechanical, or other estimated for an average respondent to regarding the estimated public burden respond: The estimated total number of technological collection techniques or and associated response time, must be other forms of information technology, respondents for the information directed to the OMB USCIS Desk Officer collection H–2 Petitioner’s Employment _ e.g., permitting electronic submission of via email at oira submission@ responses. Related or Fee Related Notification is omb.eop.gov. Comments may also be 1,700 and the estimated hour burden submitted via fax at (202) 395–5806 Overview of This Information per response is .5 hours. (This is not a toll-free number). All Collection (6) An estimate of the total public submissions received must include the (1) Type of Information Collection burden (in hours) associated with the agency name and the OMB Control Request: Extension, Without Change, of collection: The total estimated annual Number 1615–0015. a Currently Approved Collection. hour burden associated with this You may wish to consider limiting the (2) Title of the Form/Collection: collection is 850 hours. amount of personal information that you Immigrant Petition for Alien Worker. (7) An estimate of the total public provide in any voluntary submission (3) Agency form number, if any, and burden (in cost) associated with the you make. For additional information the applicable component of the DHS collection: The estimated total annual please read the Privacy Act notice that sponsoring the collection: I–140; USCIS. cost burden associated with this is available via the link in the footer of (4) Affected public who will be asked collection of information is $8,500. http://www.regulations.gov. or required to respond, as well as a brief

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abstract: Primary: Business or other for- DATES: The purpose of this notice is to including the validity of the profit. The information furnished on allow an additional 30 days for public methodology and assumptions used; Form I–140 will be used by USCIS to comments. Comments are encouraged (3) Enhance the quality, utility, and classify aliens under sections 203(b)(1), and will be accepted until March 14, clarity of the information to be 203(b)(2) or 203(b)(3) of the Immigration 2016. This process is conducted in collected; and and Nationality Act (Act). accordance with 5 CFR 1320.10. (4) Minimize the burden of the (5) An estimate of the total number of ADDRESSES: Written comments and/or collection of information on those who respondents and the amount of time suggestions regarding the item(s) are to respond, including through the estimated for an average respondent to contained in this notice, especially use of appropriate automated, respond: The estimated total number of regarding the estimated public burden electronic, mechanical, or other respondents for the information and associated response time, must be technological collection techniques or collection I–140 is 77,149 and the directed to the OMB USCIS Desk Officer other forms of information technology, estimated hour burden per response is via email at oira_submission@ e.g., permitting electronic submission of 1.08 hours (1 hour and 5 minutes). omb.eop.gov. Comments may also be responses. (6) An estimate of the total public submitted via fax at (202) 395–5806 Overview of This Information burden (in hours) associated with the (This is not a toll-free number). All Collection collection: The total estimated annual submissions received must include the (1) Type of Information Collection hour burden associated with this agency name and the OMB Control Request: Extension, Without Change, of collection is 83,321 hours. Number 1615–0111. (7) An estimate of the total public You may wish to consider limiting the a Currently Approved Collection. (2) Title of the Form/Collection: burden (in cost) associated with the amount of personal information that you Petition for CNMI-Only Nonimmigrant collection: The estimated total annual provide in any voluntary submission cost burden associated with this Transitional Worker. you make. For additional information (3) Agency form number, if any, and collection of information is $32,132,559. please read the Privacy Act notice that the applicable component of the DHS Dated: February 9, 2016. is available via the link in the footer of sponsoring the collection: I–129CW; Samantha Deshommes, http://www.regulations.gov. USCIS. Acting Chief, Regulatory Coordination FOR FURTHER INFORMATION CONTACT: (4) Affected public who will be asked Division, Office of Policy and Strategy, U.S. USCIS, Office of Policy and Strategy, or required to respond, as well as a brief Citizenship and Immigration Services, Regulatory Coordination Division, abstract: Department of Homeland Security. Samantha Deshommes, Acting Chief, 20 Primary: Business or other for-profit; [FR Doc. 2016–02915 Filed 2–11–16; 8:45 am] Massachusetts Avenue NW., Not-for-profit institutions; Farms; BILLING CODE 9111–97–P Washington, DC 20529–2140, Federal Government; or State, local or Telephone number (202) 272–8377 Tribal Government. USCIS uses the data (This is not a toll-free number. collected on this form to determine DEPARTMENT OF HOMELAND Comments are not accepted via eligibility for the requested immigration SECURITY telephone message). Please note contact benefits. An employer uses this form to information provided here is solely for petition USCIS for an alien to U.S. Citizenship and Immigration questions regarding this notice. It is not temporarily enter as a nonimmigrant Services for individual case status inquiries. into the CNMI to perform services or Applicants seeking information about labor as a CNMI-Only Transitional [OMB Control Number 1615–0111] the status of their individual cases can Worker (CW–1). An employer also uses Agency Information Collection check Case Status Online, available at this form to request an extension of stay Activities: Petition for CNMI-Only the USCIS Web site at http:// or change of status on behalf of the alien Nonimmigrant Transitional Worker, www.uscis.gov, or call the USCIS worker. The form serves the purpose of Form I–129CW; Extension, Without National Customer Service Center at standardizing requests for these Change, of a Currently Approved (800) 375–5283; TTY (800) 767–1833. benefits, and ensuring that the basic Collection. SUPPLEMENTARY INFORMATION: information required to determine eligibility, is provided by the AGENCY: U.S. Citizenship and Comments petitioners. Immigration Services, Department of You may access the information Secondary: Individuals or Homeland Security. collection instrument with instructions, Households. USCIS collects biometrics ACTION: 30-Day notice. or additional information by visiting the from aliens present in the CNMI at the Federal eRulemaking Portal site at: time of requesting initial grant of CW– SUMMARY: The Department of Homeland http://www.regulations.gov and enter 1 status. The information is used to Security (DHS), U.S. Citizenship and USCIS–2012–0011 in the search box. verify the alien’s identity, background Immigration Services (USCIS) will be Written comments and suggestions from information and ultimately adjudicate submitting the following information the public and affected agencies should their request for CW–1 status. collection request to the Office of address one or more of the following (5) An estimate of the total number of Management and Budget (OMB) for four points: respondents and the amount of time review and clearance in accordance (1) Evaluate whether the proposed estimated for an average respondent to with the Paperwork Reduction Act of collection of information is necessary respond: The estimated total number of 1995. The information collection notice for the proper performance of the respondents for the information was previously published in the Federal functions of the agency, including collection I–129CW is 18,000 (6,000 Register on September 10, 2015, at 80 whether the information will have respondents from Business or other for- FR 54574, allowing for a 60-day public practical utility; profit; Not-for-profit institutions; Farms; comment period. USCIS did receive one (2) Evaluate the accuracy of the Federal Government; or State, local or comment in connection with the 60-day agency’s estimate of the burden of the Tribal Government and the estimated notice. proposed collection of information, hour burden per response is 3 hours;

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12,000 respondents from Individuals or FOR FURTHER INFORMATION CONTACT: FR 60490), October 16, 2014 (79 FR Households and the estimated hour Stanley Gimont, Director, Office of 62182), January 8, 2015 (80 FR 1039), burden per response is 1.17 hours). Block Grant Assistance, Department of April 2, 2015 (80 FR 17772), May 11, (6) An estimate of the total public Housing and Urban Development, 451 2015 (80 FR 26942), August 25, 2015 (80 burden (in hours) associated with the 7th Street SW., Room 7286, Washington, FR 51589), and November 18, 2015 (80 collection: The total estimated annual DC 20410, telephone number 202–708– FR 72102), referred to collectively in hour burden associated with this 3587. Persons with hearing or speech this notice as the ‘‘prior notices.’’ The collection is 38,160 hours. impairments may access this number requirements of the prior notices (7) An estimate of the total public via TTY by calling the Federal Relay continue to apply, except as modified burden (in cost) associated with the Service at 800–877–8339. Facsimile by this notice.1 collection: The estimated total annual inquiries may be sent to Mr. Gimont at II. Applicable Rules (Including cost burden associated with this 202–401–2044. (Except for the ‘‘800’’ Clarifying Guidance), Statutes, collection of information is $2,205,000. number, these telephone numbers are Waivers, and Alternative Requirements Dated: February 9, 2016. not toll-free.) Email inquiries may be _ The Appropriations Act authorizes Samantha Deshommes, sent to disaster [email protected]. SUPPLEMENTARY INFORMATION: the Secretary to waive, or specify Acting Chief, Regulatory Coordination alternative requirements for, any Division, Office of Policy and Strategy, U.S. Table of Contents provision of any statute or regulation Citizenship and Immigration Services, that the Secretary administers in Department of Homeland Security. I. Background connection with HUD’s obligation, or [FR Doc. 2016–02942 Filed 2–11–16; 8:45 am] II. Applicable Rules, Statutes, Waivers, and Alternative Requirements use by the recipient, of these funds BILLING CODE 9111–97–P III. Catalog of Federal Domestic Assistance (except for requirements related to fair IV. Finding of No Significant Impact housing, nondiscrimination, labor I. Background standards, and the environment). DEPARTMENT OF HOUSING AND Waivers and alternative requirements URBAN DEVELOPMENT The Appropriations Act (Pub. L. 113– are based upon a determination by the 2, approved January 29, 2013) made [Docket No. FR–5696–N–18] Secretary that good cause exists and that available $16 billion in CDBG–DR funds the waiver or alternative requirement is Additional Clarifying Guidance, for necessary expenses related to not inconsistent with the overall Waivers and Alternative Requirements disaster relief, long-term recovery, purposes of title I of the Housing and for Grantees in Receipt of Community restoration of infrastructure and Community Development Act of 1974 Development Block Grant Disaster housing, and economic revitalization in (42 U.S.C. 5301 et seq.) (HCD Act). Recovery Funds Under Public Law the most impacted and distressed areas, Regulatory waiver authority is also 113–2 for the Submission of resulting from a major disaster declared provided by 24 CFR 5.110, 91.600, and Expenditure Deadline Extension pursuant to the Robert T. Stafford 570.5. Requests and Urgent Need Disaster Relief and Emergency For the waivers and alternative Certification Extensions and for the Assistance Act of 1974 (42 U.S.C. 5121 requirements described in this notice, Provision of Interim Mortgage et. seq.) (Stafford Act) due to Hurricane the Secretary has determined that good Assistance by the State of New York Sandy and other eligible events in cause exists and that the waiver and calendar years 2011, 2012, and 2013. On alternative requirements are not AGENCY: Office of the Assistant March 1, 2013, the President issued a inconsistent with the overall purpose of Secretary for Community Planning and sequestration order pursuant to section the HCD Act. Grantees may request Development, HUD. 251A of the Balanced Budget and waivers and alternative requirements ACTION: Notice. Emergency Deficit Control Act, as from the Department as needed to amended (2 U.S.C. 901a), and reduced address specific needs related to their SUMMARY: This notice provides the amount of funding for CDBG–DR recovery activities. Under the additional clarifying guidance for all grants under the Appropriations Act to requirements of the Appropriations Act, Community Development Block Grant $15.18 billion. To date, a total of $15.18 waivers must be published in the Disaster Recovery (CDBG–DR) grantees billion has been allocated or set aside: Federal Register at least 5 days before in receipt of funds under the Disaster $13 billion in response to Hurricane the effective date of such waiver. Relief Appropriations Act, 2013 (the Sandy, $514 million in response to 1. Timeline for the submission of Appropriations Act), with regard to the disasters occurring in 2011 or 2012, expenditure deadline extension submission of requests for an extension $655 million in response to 2013 requests. The Appropriations Act of the 2-year expenditure deadline disasters, and $1 billion set aside for the requires the Department to obligate all established for funds provided under National Disaster Resilience funds provided under the the Appropriations Act and the Competition. Appropriations Act by September 30, continued use of the alternative urgent This notice applies to all CDBG–DR 2017, and requires grantees to expend need national objective. This notice also grantees in receipt of allocations under funds within 24-months of the date on provides an alternative requirement for the Appropriations Act, which are which the Department obligates funds to New York State as a grantee in receipt described within the Federal Register a grantee. The Appropriations Act also of CDBG–DR funds under the notices published by the Department on authorizes the Office of Management Appropriations Act. This alternative March 5, 2013 (78 FR 14329), April 19, and Budget (OMB) to grant waivers of requirement addresses the period of 2013 (78 FR 23578), May 29, 2013 (78 the 24-month expenditure deadline. time in which interim mortgage FR 32262), August 2, 2013 (78 FR assistance may be provided to 46999), November 18, 2013 (78 FR 1 Links to the prior notices, the text of the beneficiaries in the State’s housing 69104), December 16, 2013 (78 FR Appropriations Act, and additional guidance recovery programs. prepared by the Department for CDBG–DR grants, 76154), March 27, 2014 (79 FR 17173), are available on the HUD Exchange Web site: DATES: Effective Date: February 17, June 3, 2014 (79 FR 31964), July 11, https://www.hudexchange.info/cdbg-dr/cdbg-dr- 2016. 2014 (79 FR 40133), October 7, 2014 (79 laws-regulations-and-federal-register-notices/.

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OMB authorized the Department to years after the date the Department notice published on March 5, 2013, the provide CDBG–DR grantees with obligates funds to a grantee. The May Department established an alternative expenditure deadline extensions for 11, 2015, notice allowed grantees requirement to 42 U.S.C. 5305(a)(8) to activities that are inherently long-term seeking a waiver of an expenditure extend the authority of grantees under and where it would be impracticable to deadline to simultaneously seek an the Appropriations Act to provide expend funds within the 24-month extension of the urgent need interim mortgage assistance to qualified period and still achieve program certification waiver. The extension of individuals from 3 months to up to 20 missions, up to amounts approved by the urgent need certification waiver, months (78 FR 14345). A grantee using OMB. In the Federal Register notice however, is currently only effective after this alternative requirement is required published on May 11, 2015, (80 FR its publication in the Federal Register. to document in its policies and 26942), the Department established the This approach presents challenges for procedures how it will determine the process and criteria for the submission CDBG–DR grantees who receive an amount of assistance to be provided is of expenditure deadline extension extension of an expenditure deadline for necessary and reasonable. The State of requests for CDBG–DR grantees in an activity associated with the urgent New York has requested a modification receipt of funds under the need certification, with the extended of the 20-month limitation on the Appropriations Act. The May 11, 2015, expenditure deadline in effect but with provision of interim mortgage assistance notice requires these grantees to submit the urgent need certification waiver still to authorize the assistance for a period requests for the extension of an requiring publication in the Federal of up to 36 months. expenditure deadline at least 120 Register. Under the State’s existing Interim calendar days in advance of the To accommodate the timely Mortgage Assistance (IMA) program, expenditure deadline (80 FR 26944). expenditure of funds, HUD is modifying financial assistance is available to Since the May 11, 2015, notice was the temporary, streamlined urgent need eligible applicants to the NY Rising published, the Department subsequently waiver and alternative requirement in Housing Recovery Program who received, reviewed, and acted upon paragraph VI.A.1.f. of the March 5, demonstrate financial difficulty in expenditure deadline extension requests 2013, notice (78 FR 14336). This waiver paying their mortgage due to additional from a number of CDBG–DR grantees in and alternative requirement supersedes housing expenses incurred as a result of receipt of funds under the the information published in the May their primary residence no longer being Appropriations Act. In some instances, 11, 2015, notice and will allow grantees habitable. Interim mortgage assistance the Department observed that events to more effectively implement urgent may be provided for past, current, and and circumstances beyond the control of recovery activities by aligning the future debt obligations of the mortgage, the grantee may require grantees to applicable urgent need national capped at $3,000 per month for a request an extension of an expenditure objective criteria with the expenditure maximum of 20 months or $60,000. On November 15, 2013, the deadline after the 120-calendar-day deadline on the use of funds. The March Department approved Amendment 4 to deadline has passed. The Department is 5, 2013, notice is modified to add the the State’s disaster recovery Action Plan therefore amending this requirement of following alternative requirement for to allocate $80,000,000 to the initial the May 11, 2015, notice to provide that grantees that receive an extension of the State IMA program. On May 27, 2014, a grantee ‘‘submits the completed expenditure deadline: For activities the Department approved Amendment 6 CDBG–DR Expenditure Deadline designed to respond to a disaster-related impact that poses a serious and to the State’s disaster recovery Action Extension Request template and any immediate threat to the health or Plan to modify the calculation of the attachments to HUD in order to request welfare of the community, the grantee IMA grant award based on a consideration of the extension request at may continue to use the urgent need participant’s monthly mortgage amount least 120 calendar days in advance of national objective until the end of the for their primary residence and proof of the expenditure deadline on the funds new expenditure deadline if the grantee an additional housing payment. On (or 60 days for funds expiring in meets the following requirements from April 13, 2014, the Department calendar year 2015). HUD may, the March 5, 2013, notice: (1) Before approved Amendment 8 to the State’s however, also accept requests from seeking the expenditure deadline disaster recovery Action Plan to enable CDBG–DR grantees for the extension of extension, the grantee must reference in the State to calculate partial IMA grant an expenditure deadline less than 120 its Action Plan the type, scale, and awards that reflect rental housing calendar days in advance of the location of the disaster-related impacts expenses incurred by participants while deadline upon receipt of a letter from addressed by each program and/or displaced, less any rental assistance the chief executive officer of the grantee activity that will meet the urgent need received from insurance or government requesting the extension and a national objective; (2) before seeking the agencies. demonstration by the grantee that the expenditure deadline extension, the At the time the State submitted a request is required in order to achieve grantee must identify these disaster request for a modification of the program missions. Grantees are advised related impacts in its Action Plan needs alternative requirement, 454 program however, that time constraints may not assessment; (3) the needs assessment participants were receiving IMA permit HUD to act upon requests that must be updated as new or more assistance and approximately 25 percent are received in close proximity to an detailed/accurate disaster-related of those participants were low- and expenditure deadline.’’ impacts are known; and (4) the grantee moderate-income households. In its 2. Urgent need national objective must document how all programs and/ request for a modification of the certification requirements. The March 5, or activities funded under the urgent alternative requirement, the State 2013, notice (78 FR 14329) provided need national objective respond to a indicated that in the absence of grantees receiving funds under the disaster-related impact identified by the additional time to provide assistance, Appropriations Act with a waiver of the grantee. 287 IMA recipients would no longer certification requirements for the 3. Alternative requirement to permit qualify for IMA funds within the documentation of the urgent need extended time for the provision of succeeding 12 months and that 26 national objective, located at interim mortgage assistance (State of percent of those recipients were low- §§ 570.208(c) and 570.483(d), until 2 New York only). In the Federal Register and moderate-income households. In its

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request to provide IMA payments for a IMA recipients receiving a total up to 36 (5) Include a plan for assisting period of up to 36 months, the State months of IMA. recipients that exhaust their IMA after cited a number of unanticipated After reviewing the State’s request, 36 months but continue to have a need developments that contributed to delays and for the State of New York’s IMA for assistance because the rehabilitation in the completion of assisted housing program only, the Department is of their home has not been completed. modifying the provision of the March 5, projects. Most notably, the State pointed III. Catalog of Federal Domestic 2013, Federal Register notice that limits to the prospect of increased National Assistance Flood Insurance Program (NFIP) claim the provision of interim mortgage payments to NY Rising program assistance to a period of 20 months and The Catalog of Federal Domestic participants as a result of fraudulent establishing an alternative requirement Assistance number for the disaster damage assessments conducted on that allows for the payment of assistance recovery grants under this notice is behalf of the NFIP in the immediate for a period of up to 36 months if the 14.269. aftermath of the disaster. The State State meets the other requirements IV. Finding of No Significant Impact indicated that uncertainty surrounding described in the above paragraph. The A Finding of No Significant Impact these payments, and the potential goal of this alternative requirement is to (FONSI) with respect to the impact of the payments on the amount provide an extended period of IMA in environment has been made in of CDBG–DR funds ultimately available order to minimize the risk of foreclosure of storm damaged homes while they are accordance with HUD regulations at 24 to the homeowner, contributed to delays CFR part 50, which implement section and supports an extended period of being rehabilitated with CDBG–DR funds and to return IMA recipients to 102(2)(C) of the National Environmental availability for IMA. Other factors cited Policy Act of 1969 (42 U.S.C. by the State as contributing to the need their rehabilitated homes as quickly as possible. The State must implement this 4332(2)(C)). The FONSI is available for for extended IMA are the limited pool public inspection between 8 a.m. and 5 of contractors experienced in alternative requirement consistent with the approach outlined in its request and p.m. weekdays in the Regulations undertaking the elevation of homes and Division, Office of General Counsel, the shorter Northeastern United States as described herein. This waiver and alternative requirement shall remain in Department of Housing and Urban construction season. The State further effect until December 31, 2017, after Development, 451 7th Street SW., Room noted that its own clarification process, which the State shall be authorized to 10276, Washington, DC 20410–0500. through which applicants may appeal offer interim mortgage assistance for a Due to security measures at the HUD the ultimate amount of their CDBG–DR period no more than 20 months. Interim Headquarters building, an advance award, can also slow progress in mortgage assistance is an authorized appointment to review the docket file completing repairs and contribute to the eligible public service activity and the must be scheduled by calling the need for additional IMA. State is reminded that IMA Regulations Division at 202–708–3055 The State proposed to implement the expenditures are subject to the 15 (this is not a toll-free number). Hearing- extended period for IMA by initially percent cap on public services or speech-impaired individuals may maintaining the current 20 months of established pursuant to 42 U.S.C. access this number through TTY by assistance for IMA participants. At the 5305(a)(8). calling the Federal Relay Service at 800– end of the 20-month period of Within 30 days of the effective date of 877–8339 (this is a toll-free number). assistance, the State may subsequently this notice, the State must begin to Dated: February 8, 2016. determine a need for an additional 16 implement its construction program for Nani A. Coloretti, months of IMA, for a total not to exceed IMA recipients receiving an extended Deputy Secretary. 36 months of assistance. When a need period of assistance and without [FR Doc. 2016–02913 Filed 2–11–16; 8:45 am] for an extension of IMA is identified, substantial construction progress in the BILLING CODE 4210–67–P the State will conduct an inspection of rehabilitation of their home. The State the property to determine if substantial must have fully implemented the construction progress has been made. If construction program for all IMA DEPARTMENT OF HOUSING AND substantial construction progress has recipients within 6 months of the URBAN DEVELOPMENT been made, the State may provide IMA effective date of this notice. In addition, for the additional authorized period of the State’s policies and procedures [Docket No. FR–5927–N–01] time, for a total period of assistance up must: Mortgage and Loan Insurance to 36 months. If the inspection indicates (1) Document how the State will Programs Under the National Housing that substantial progress has not been determine that ‘‘substantial progress’’ Act—Debenture Interest Rates made, the extension of IMA will be has or has not been made in the provided only when the recipient agrees rehabilitation of an IMA recipient’s AGENCY: Office of the Assistant to participate in the newly established home; Secretary for Housing—Federal Housing construction program within the NY (2) Document how the State will Commissioner, HUD. Rising Housing Recovery Program. determine that the amount and period of ACTION: Notice. Under the construction program, the assistance to be provided under this State will contract for and manage, on alternative requirement is necessary and SUMMARY: This notice announces behalf of the IMA recipient, the reasonable; changes in the interest rates to be paid rehabilitation of the IMA recipient’s (3) Document how the State will on debentures issued with respect to a home. Prior to its initial implementation prioritize the rehabilitation of homes of loan or mortgage insured by the Federal of the construction program, the State IMA recipients receiving a total up to 36 Housing Administration under the will determine the need for the IMA months of IMA; provisions of the National Housing Act extension in those instances where (4) Include internal controls designed (the Act). The interest rate for substantial construction progress has to ensure that IMA provided to debentures issued under section not occurred and will give priority to recipients is being used for its 221(g)(4) of the Act during the 6-month the rehabilitation of homes for those authorized purpose; and period beginning January 1, 2016, is 21⁄4

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percent. The interest rate for debentures obligations of maturities of 15 or more Effective issued under any other provision of the years. interest On or after Prior to Act is the rate in effect on the date that The Secretary of the Treasury (1) has rate the commitment to insure the loan or determined, in accordance with the 5 ...... Jan. 1, 2003 ... July 1, 2003. mortgage was issued, or the date that the provisions of section 224, that the 41⁄2 ...... July 1, 2003 .... Jan. 1, 2004. statutory maximum interest rate for the loan or mortgage was endorsed (or 51⁄8 ...... Jan. 1, 2004 ... July 1, 2004. 7 initially endorsed if there are two or period beginning January 1, 2016, is 2 ⁄8 51⁄2 ...... July 1, 2004 .... Jan. 1, 2005. more endorsements) for insurance, percent; and (2) has approved the 47⁄8 ...... Jan. 1, 2005 ... July 1, 2005. whichever rate is higher. The interest establishment of the debenture interest 41⁄2 ...... July 1, 2005 .... Jan. 1, 2006. 7 rate for debentures issued under these rate by the Secretary of HUD at 27⁄8 4 ⁄8 ...... Jan. 1, 2006 ... July 1, 2006. other provisions with respect to a loan percent for the 6-month period 53⁄8 ...... July 1, 2006 .... Jan. 1, 2007. 3 or mortgage committed or endorsed beginning January 1, 2016. This interest 4 ⁄4 ...... Jan. 1, 2007 ... July 1, 2007. 5 ...... July 1, 2007 .... Jan. 1, 2008. during the 6-month period beginning rate will be the rate borne by debentures 41⁄2 ...... Jan. 1, 2008 ... July 1, 2008. 7 8 January 1, 2016, is 2 ⁄ percent. issued with respect to any insured loan 45⁄8 ...... July 1, 2008 .... Jan. 1, 2009. However, as a result of an amendment or mortgage (except for debentures 41⁄8 ...... Jan. 1, 2009 ... July 1, 2009. to section 224 of the Act, if an insurance issued pursuant to section 221(g)(4)) 41⁄8 ...... July 1, 2009 .... Jan. 1, 2010. claim relating to a mortgage insured with insurance commitment or 41⁄4 ...... Jan. 1, 2010 ... July 1, 2010. under sections 203 or 234 of the Act and endorsement date (as applicable) within 41⁄8 ...... July 1, 2010 .... Jan. 1, 2011. endorsed for insurance after January 23, 37⁄8 ...... Jan. 1, 2011 ... July 1, 2011. the first 6 months of 2016. 1 2004, is paid in cash, the debenture For convenience of reference, HUD is 4 ⁄8 ...... July 1, 2011 .... Jan. 1, 2012. 27⁄8 ...... Jan. 1, 2012 ... July 1, 2012. interest rate for purposes of calculating publishing the following chart of 23⁄4 ...... July 1, 2012 .... Jan. 1, 2013. a claim shall be the monthly average debenture interest rates applicable to 21⁄2 ...... Jan. 1, 2013 ... July 1, 2013. yield, for the month in which the mortgages committed or endorsed since 27⁄8 ...... July 1, 2013 .... Jan. 1, 2014. default on the mortgage occurred, on January 1, 1980: 35⁄8 ...... Jan. 1, 2014 ... July 1, 2014. United States Treasury Securities 31⁄4 ...... July 1, 2014 .... Jan. 1, 2015. adjusted to a constant maturity of 10 Effective 3 ...... Jan. 1, 2015 ... July 1, 2015. 7 years. interest On or after Prior to 2 ⁄8 ...... July 1, 2015 .... Jan. 1, 2016. rate 27⁄8 ...... Jan. 1, 2016 ... July 1, 2016. FOR FURTHER INFORMATION CONTACT: Yong Sun, Department of Housing and 91⁄2 ...... Jan. 1, 1980 .... July 1, 1980. Section 215 of Division G, Title II of 7 Urban Development, 451 Seventh Street 9 ⁄8 ...... July 1, 1980 .... Jan. 1, 1981. Public Law 108–199, enacted January 113⁄4 ...... Jan. 1, 1981 .... July 1, 1981. SW., Room 5148, Washington, DC 23, 2004 (HUD’s 2004 Appropriations 127⁄8 ...... July 1, 1981 .... Jan. 1, 1982. 20410–8000; telephone (202) 402–4778 123⁄4 ...... Jan. 1, 1982 .... Jan. 1, 1983. Act) amended section 224 of the Act, to (this is not a toll-free number). 101⁄4 ...... Jan. 1, 1983 .... July 1, 1983. change the debenture interest rate for Individuals with speech or hearing 103⁄8 ...... July 1, 1983 .... Jan. 1, 1984. purposes of calculating certain impairments may access this number 111⁄2 ...... Jan. 1, 1984 .... July 1, 1984. insurance claim payments made in cash. through TTY by calling the toll-free 133⁄8 ...... July 1, 1984 .... Jan. 1, 1985. Therefore, for all claims paid in cash on Federal Information Relay Service at 115⁄8 ...... Jan. 1, 1985 .... July 1, 1985. mortgages insured under section 203 or 1 (800) 877–8339. 11 ⁄8 ...... July 1, 1985 .... Jan. 1, 1986. 234 of the National Housing Act and 101⁄4 ...... Jan. 1, 1986 .... July 1, 1986. SUPPLEMENTARY INFORMATION: Section endorsed for insurance after January 23, 81⁄4 ...... July 1, 1986 .... Jan. 1. 1987. 224 of the National Housing Act (12 8 ...... Jan. 1, 1987 ... July 1, 1987. 2004, the debenture interest rate will be U.S.C. 1715o) provides that debentures 9 ...... July 1, 1987 .... Jan. 1, 1988. the monthly average yield, for the issued under the Act with respect to an 91⁄8 ...... Jan. 1, 1988 ... July 1, 1988. month in which the default on the insured loan or mortgage (except for 93⁄8 ...... July 1, 1988 .... Jan. 1, 1989. mortgage occurred, on United States debentures issued pursuant to section 91⁄4 ...... Jan. 1, 1989 ... July 1, 1989. Treasury Securities adjusted to a 221(g)(4) of the Act) will bear interest at 9 ...... July 1, 1989 .... Jan. 1, 1990. constant maturity of 10 years, as found 1 the rate in effect on the date the 8 ⁄8 ...... Jan. 1, 1990 ... July 1, 1990. in Federal Reserve Statistical Release H– 9 ...... July 1, 1990 .... Jan. 1, 1991. commitment to insure the loan or 15. The Federal Housing Administration 83⁄4 ...... Jan. 1, 1991 ... July 1, 1991. 1 has codified this provision in HUD mortgage was issued, or the date the 8 ⁄2 ...... July 1, 1991 .... Jan. 1, 1992. loan or mortgage was endorsed (or 8 ...... Jan. 1, 1992 ... July 1, 1992. regulations at 24 CFR 203.405(b) and 24 initially endorsed if there are two or 8 ...... July 1, 1992 .... Jan. 1, 1993. CFR 203.479(b). more endorsements) for insurance, 73⁄4 ...... Jan. 1, 1993 ... July 1, 1993. Section 221(g)(4) of the Act provides whichever rate is higher. This provision 7 ...... July 1, 1993 .... Jan. 1, 1994. that debentures issued pursuant to that is implemented in HUD’s regulations at 65⁄8 ...... Jan. 1, 1994 ... July 1, 1994. paragraph (with respect to the 3 24 CFR 203.405, 203.479, 207.259(e)(6), 7 ⁄4 ...... July 1, 1994 .... Jan. 1, 1995. assignment of an insured mortgage to 83⁄8 ...... Jan. 1, 1995 ... July 1, 1995. and 220.830. These regulatory the Secretary) will bear interest at the 71⁄4 ...... July 1, 1995 .... Jan. 1, 1996. ‘‘going Federal rate’’ in effect at the time provisions state that the applicable rates 61⁄2 ...... Jan. 1, 1996 ... July 1, 1996. of interest will be published twice each 71⁄4 ...... July 1, 1996 .... Jan. 1, 1997. the debentures are issued. The term year as a notice in the Federal Register. 63⁄4 ...... Jan. 1, 1997 ... July 1, 1997. ‘‘going Federal rate’’ is defined to mean Section 224 further provides that the 71⁄8 ...... July 1, 1997 .... Jan. 1, 1998. the interest rate that the Secretary of the interest rate on these debentures will be 63⁄8 ...... Jan. 1, 1998 ... July 1, 1998. Treasury determines, pursuant to a set from time to time by the Secretary 61⁄8 ...... July 1, 1998 .... Jan. 1, 1999. statutory formula based on the average of HUD, with the approval of the 51⁄2 ...... Jan. 1, 1999 ... July 1, 1999. yield on all outstanding marketable 1 Secretary of the Treasury, in an amount 6 ⁄8 ...... July 1, 1999 .... Jan. 1, 2000. Treasury obligations of 8- to 12-year 61⁄2 ...... Jan. 1, 2000 ... July 1, 2000. not in excess of the annual interest rate maturities, for the 6-month periods of 61⁄2 ...... July 1, 2000 .... Jan. 1, 2001. determined by the Secretary of the 6 ...... Jan. 1, 2001 ... July 1, 2001. January through June and July through Treasury pursuant to a statutory formula 57⁄8 ...... July 1, 2001 .... Jan. 1, 2002. December of each year. Section 221(g)(4) based on the average yield of all 51⁄4 ...... Jan. 1, 2002 ... July 1, 2002. is implemented in the HUD regulations outstanding marketable Treasury 53⁄4 ...... July 1, 2002 .... Jan. 1, 2003. at 24 CFR 221.255 and 24 CFR 221.790.

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The Secretary of the Treasury has that has become available since the last SUPPLEMENTARY INFORMATION: determined that the interest rate to be review. Why do we conduct 5-year reviews? borne by debentures issued pursuant to DATES: To ensure consideration in our section 221(g)(4) during the 6-month reviews, we are requesting submission Under the Act (16 U.S.C. 1531 et seq.), period beginning January 1, 2016, is 21⁄4 of new information no later than April we maintain Lists of Endangered and percent. 12, 2016. However, we will continue to Threatened Wildlife and Plants (which The subject matter of this notice falls accept new information about any listed we collectively refer to as the List) in within the categorical exemption from species at any time. the Code of Federal Regulations (CFR) at HUD’s environmental clearance 50 CFR 17.11 (for animals) and 17.12 ADDRESSES: For the 67 species in Hawaii procedures set forth in 24 CFR (for plants). Section 4(c)(2) of the Act (see table below), submit information 50.19(c)(6). For that reason, no requires us to review each listed via U.S. mail to: Deputy Field environmental finding has been species’ status at least once every 5 Supervisor—Programmatic; Attention: prepared for this notice. years. For additional information about 5-Year Review; U.S. Fish and Wildlife 5-year reviews, go to http:// Authority: Sections 211, 221, 224, National Service; Pacific Islands Fish and Housing Act, 12 U.S.C. 1715b, 1715l, 1715o; www.fws.gov/endangered/what-we-do/ Wildlife Office; 300 Ala Moana Blvd., recovery-overview.html, scroll down to Section 7(d), Department of HUD Act, 42 Room 3–122, Box 50088; Honolulu, HI U.S.C. 3535(d). ‘‘Learn More about 5-Year Reviews,’’ 96850. and click on our factsheet. Dated: January 21, 2016. For the Warner sucker, Willamette Edward Golding, daisy, Kincaid’s lupine, and rough What information do we consider in the Principal Deputy Assistant Secretary for popcornflower, submit information via review? Housing. U.S. mail to: Field Supervisor; A 5-year review considers all new [FR Doc. 2016–02870 Filed 2–11–16; 8:45 am] Attention: 5-Year Review; U.S. Fish and information available at the time of the BILLING CODE 4210–67–P Wildlife Service; Oregon Fish and review. In conducting these reviews, we Wildlife Office; 2600 SE 98th Ave., consider the best scientific and Suite 100; Portland, OR 97266. commercial data that has become DEPARTMENT OF THE INTERIOR For the northern Idaho ground available since the listing determination squirrel, Bruneau Hot springsnail, Bliss or most recent status review, such as: Fish and Wildlife Service Rapids, snail, Banbury Springs limpet, and Spaldings catchfly, submit (A) Species biology, including but not limited to population trends, distribution, [FWS–R1–ES–2015–N225; information via U.S. mail to: Field abundance, demographics, and genetics; FXES11130100000C4–167–FF01E00000] Supervisor; Attention: 5-Year Review; (B) Habitat conditions, including but not U.S. Fish and Wildlife Service; Idaho limited to amount, distribution, and Endangered and Threatened Wildlife Fish and Wildlife Office; 1387 S. suitability; and Plants; Initiation of 5-Year Status Vinnell Way, Suite 368; Boise, ID 83709. (C) Conservation measures that have been Reviews of 76 Species in Hawaii, FOR FURTHER INFORMATION CONTACT: implemented that benefit the species; Oregon, Washington, Montana, and (D) Threat status and trends in relation to Gregory Koob, U.S. Fish and Wildlife Idaho the five listing factors (as defined in section Service, Pacific Islands Fish and 4(a)(1) of the Act); and AGENCY: Fish and Wildlife Service, Wildlife Office (see ADDRESSES), 808– (E) Other new information, data, or Interior. 792–9400 (for species in Hawaii); Jeff corrections, including but not limited to ACTION: Notice of initiation of reviews; Dillon, U.S. Fish and Wildlife Service, taxonomic or nomenclatural changes, request for information. Oregon Fish and Wildlife Office, 503– identification of erroneous information 231–6179 (for Warner sucker, contained in the List, and improved SUMMARY: We, the U.S. Fish and Willamette daisy, Kincaid’s lupine, and analytical methods. Wildlife Service (Service), are initiating rough popcornflower); or Kim Garner, Any new information will be 5-year status reviews for 76 species in Idaho Fish and Wildlife Office, 208– considered during the 5-year review and Hawaii, Oregon, Washington, Montana, 378–5243 (for northern Idaho ground will also be useful in evaluating the and Idaho under the Endangered squirrel, Bruneau Hot springsnail, Bliss ongoing recovery programs for these Species Act of 1973, as amended (Act). Rapids, snail, Banbury Springs limpet, species. A 5-year status review is based on the and Spaldings catchfly). Individuals best scientific and commercial data who are hearing impaired or speech What Species Are Under Review? available at the time of the review; impaired may call the Federal Relay This notice announces our active therefore, we are requesting submission Service at 800–877–8339 for TTY review of the 76 species listed in the of any new information on these species assistance. table below.

SPECIES FOR WHICH THE PACIFIC REGION IS INITIATING A 5-YEAR STATUS REVIEW

Final listing rule Common name Scientific name Status Where listed (Federal Register citation and publication date)

ANIMALS

Northern Idaho ground squirrel .. Urocitellus brunneus ...... Threatened ...... U.S.A. (ID) ...... 65 FR 17779; 04/05/2000 Maui nukupuu ...... Hemignathus lucidus affinis ...... Endangered ...... U.S.A. (HI) ...... 32 FR 4001; 03/11/1967 Maui akepa ...... Loxops coccineus ochraceus .... Endangered ...... U.S.A. (HI) ...... 35 FR 16047; 10/13/1970 Poouli ...... Melamprosops phaeosoma ...... Endangered ...... U.S.A. (HI) ...... 40 FR 44149; 09/25/1975 Molokai thrush ...... Myadestes lanaiensis rutha ...... Endangered ...... U.S.A. (HI) ...... 35 FR 16047; 10/13/1970 Crested honeycreeper ...... Palmeria dolei ...... Endangered ...... U.S.A. (HI) ...... 32 FR 4001; 03/11/1967 Molokai creeper ...... Paroreomyza flammea ...... Endangered ...... U.S.A. (HI) ...... 35 FR 16047; 10/13/1970

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SPECIES FOR WHICH THE PACIFIC REGION IS INITIATING A 5-YEAR STATUS REVIEW—Continued

Final listing rule Common name Scientific name Status Where listed (Federal Register citation and publication date)

Maui parrotbill ...... Pseudonestor xanthophrys ...... Endangered ...... U.S.A. (HI) ...... 32 FR 4001; 03/11/1967 Hawaiian petrel ...... Pterodroma sandwichensis ...... Endangered ...... U.S.A. (HI) ...... 32 FR 4001; 03/11/1967 Newell’s Townsend’s shearwater Puffinus auricularis newelli ...... Threatened ...... U.S.A. (HI) ...... 40 FR 44149; 09/25/1975 Warner sucker ...... Catostomus warnerensis ...... Threatened ...... U.S.A. (OR) ...... 50 FR 39117; 09/27/1985 Hawaiian picture-wing fly ...... Drosophila differens ...... Endangered ...... U.S.A. (HI) ...... 71 FR 26835; 05/09/2006 Hawaiian picture-wing fly ...... Drosophila neoclavisetae ...... Endangered ...... U.S.A. (HI) ...... 71 FR 26835; 05/09/2006 Flying earwig Hawaiian Megalagrion nesiotes ...... Endangered ...... U.S.A. (HI) ...... 75 FR 35990; 06/24/2010 damselfly. Bruneau Hot springsnail ...... Pyrgulopsis bruneauensis ...... Endangered ...... U.S.A. (ID) ...... 58 FR 5938; 01/25/1993 Bliss Rapids snail ...... Taylorconcha serpenticola ...... Threatened ...... U.S.A. (ID) ...... 57 FR 59244; 12/14/1992 Banbury Springs limpet ...... Lanx sp...... Endangered ...... U.S.A. (ID) ...... 57 FR 59244; 12/14/1992

PLANTS

No common name ...... Abutilon eremitopetalum ...... Endangered ...... U.S.A. (HI) ...... 56 FR 47694; 09/20/1991 ‘Ahinahina ...... Argyroxiphium sandwicense Threatened ...... U.S.A. (HI) ...... 57 FR 20787; 05/15/1992 ssp. macrocephalum. Kookoolau ...... Bidens micrantha ssp. Endangered ...... U.S.A. (HI) ...... 57 FR 20787; 05/15/1992 kalealaha. Kookoolau ...... Bidens wiebkei ...... Endangered ...... U.S.A. (HI) ...... 57 FR 46325; 10/08/1992 Pua ala ...... Brighamia rockii ...... Endangered ...... U.S.A. (HI) ...... 57 FR 46325; 10/08/1992 Awikiwiki ...... Canavalia molokaiensis ...... Endangered ...... U.S.A. (HI) ...... 57 FR 46325; 10/08/1992 Oha wai ...... Clermontia oblongifolia ssp. Endangered ...... U.S.A. (HI) ...... 57 FR 46325; 10/08/1992 brevipes. Oha wai ...... Clermontia oblongifolia ssp. Endangered ...... U.S.A. (HI) ...... 57 FR 20787; 05/15/1992 mauiensis. Oha wai ...... Clermontia samuelii ...... Endangered ...... U.S.A. (HI) ...... 64 FR 48307; 09/02/1999 Haha ...... Cyanea copelandii ssp. Endangered ...... U.S.A. (HI) ...... 64 FR 48307; 09/02/1999 haleakalaensis. Haha ...... Cyanea dunbarii (=C. Endangered ...... U.S.A. (HI) ...... 61 FR 53137; 10/10/1996 dunbariae). Haha ...... Cyanea glabra ...... Endangered ...... U.S.A. (HI) ...... 64 FR 48307; 09/02/1999 Haha ...... Cyanea hamatiflora ssp. Endangered ...... U.S.A. (HI) ...... 64 FR 48307; 09/02/1999 hamatiflora. Haha ...... Cyanea lobata ...... Endangered ...... U.S.A. (HI) ...... 57 FR 20787; 05/15/1992 Haha ...... Cyanea macrostegia ssp. Endangered ...... U.S.A. (HI) ...... 56 FR 47694; 09/20/1991 gibsonii (=C. gibsonii). Haha ...... Cyanea magnicalyx ...... Endangered ...... U.S.A. (HI) ...... 77 FR 34464; 06/11/2012 Haha ...... Cyanea mannii ...... Endangered ...... U.S.A. (HI) ...... 57 FR 46325; 10/08/1992 Haha ...... Cyanea mceldowneyi ...... Threatened ...... U.S.A. (HI) ...... 57 FR 20787; 05/15/1992 Haha ...... Cyanea procera ...... Endangered ...... U.S.A. (HI) ...... 57 FR 46325; 10/08/1992 Haiwale ...... Cyrtandra munroi ...... Endangered ...... U.S.A. (HI) ...... 57 FR 20787; 05/15/1992 Naenae ...... Dubautia plantaginea ssp. Endangered ...... U.S.A. (HI) ...... 64 FR 48307; 09/02/1999 humilis. Willamette daisy ...... Erigeron decumbens ...... Endangered ...... U.S.A. (OR) ...... 65 FR 3875; 01/25/2000 Nohoanu ...... Geranium arboreum ...... Endangered ...... U.S.A. (HI) ...... 57 FR 20592; 05/13/1992 Nohoanu ...... Geranium multiflorum ...... Endangered ...... U.S.A. (HI) ...... 57 FR 20787; 05/15/1992 No common name ...... Gouania hillebrandii ...... Endangered ...... U.S.A. (HI) ...... 59 FR 32937; 06/27/1994 Pilo ...... Hedyotis mannii (=Kadua Endangered ...... U.S.A. (HI) ...... 57 FR 46325; 10/08/1992 laxiflora). Kopa ...... Hedyotis schlechtendahliana Endangered ...... U.S.A. (HI) ...... 64 FR 48307; 09/02/1999 var. remyi (=Kadua cordata ssp. remyi). Kokio keokeo ...... Hibiscus arnottianus ssp. Endangered ...... U.S.A. (HI) ...... 57 FR 46325; 10/08/1992 immaculatus. Cook’s koki‘o ...... Kokia cookei ...... Endangered ...... U.S.A. (HI) ...... 44 FR 62470; 10/30/1979 Kamakahala ...... Labordia tinifolia var. lanaiensis Endangered ...... U.S.A. (HI) ...... 64 FR 48307; 09/02/1999 Kamakahala ...... Labordia triflora ...... Endangered ...... U.S.A. (HI) ...... 64 FR 48307; 09/02/1999 Kincaid’s lupine ...... Lupinus sulfureus ssp. kincaidii Threatened ...... U.S.A. (OR, WA) .. 65 FR 3875; 01/25/2000 No common name ...... Lysimachia lydgatei ...... Endangered ...... U.S.A. (HI) ...... 57 FR 20787; 05/15/1992 No common name ...... Lysimachia maxima ...... Endangered ...... U.S.A. (HI) ...... 61 FR 53137; 10/10/1996 Nehe ...... Lipochaeta kamolensis Endangered ...... U.S.A. (HI) ...... 57 FR 20787; 05/15/1992 (=Melanthera kamolensis). Alani ...... Melicope adscendens ...... Endangered ...... U.S.A. (HI) ...... 59 FR 62352; 12/05/1994 Alani ...... Melicope balloui ...... Endangered ...... U.S.A. (HI) ...... 59 FR 62352; 12/05/1994 Alani ...... Melicope knudsenii ...... Endangered ...... U.S.A. (HI) ...... 59 FR 9327; 02/25/1994 Alani ...... Melicope mucronulata ...... Endangered ...... U.S.A. (HI) ...... 57 FR 20787; 05/15/1992 Alani ...... Melicope munroi ...... Endangered ...... U.S.A. (HI) ...... 64 FR 48307; 09/02/1999 Alani ...... Melicope ovalis ...... Endangered ...... U.S.A. (HI) ...... 59 FR 62352; 12/05/1994 No common name ...... Neraudia sericea ...... Endangered ...... U.S.A. (HI) ...... 59 FR 56350; 11/10/1994

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SPECIES FOR WHICH THE PACIFIC REGION IS INITIATING A 5-YEAR STATUS REVIEW—Continued

Final listing rule Common name Scientific name Status Where listed (Federal Register citation and publication date)

No common name ...... Phyllostegia glabra var. Endangered ...... U.S.A. (HI) ...... 56 FR 47694; 09/20/1991 lanaiensis. No common name ...... Phyllostegia hispida ...... Endangered ...... U.S.A. (HI) ...... 74 FR 11327; 03/17/2009 No common name ...... Phyllostegia mannii ...... Endangered ...... U.S.A. (HI) ...... 57 FR 46325; 10/08/1992 Rough popcornflower ...... Plagiobothrys hirtus ...... Endangered ...... U.S.A. (OR) ...... 65 FR 3866; 01/25/2000 Loulu ...... Pritchardia munroi ...... Endangered ...... U.S.A. (HI) ...... 61 FR 43184; 08/21/1996 Maui remya ...... Remya mauiensis ...... Endangered ...... U.S.A. (HI) ...... 56 FR 1454; 01/14/1991 Lanai sandalwood or iliahi ...... Santalum haleakalae var. Endangered ...... U.S.A. (HI) ...... 78 FR 32013; 05/28/2013 lanaiense (=S. freycinetianum var. lanaiense). No common name ...... Schiedea haleakalensis ...... Endangered ...... U.S.A. (HI) ...... 57 FR 20787; 05/15/1992 No common name ...... Schiedea lydgatei ...... Endangered ...... U.S.A. (HI) ...... 57 FR 46325; 10/08/1992 No common name ...... Schiedea sarmentosa ...... Endangered ...... U.S.A. (HI) ...... 61 FR 53137; 10/10/1996 No common name ...... Silene alexandri ...... Endangered ...... U.S.A. (HI) ...... 57 FR 46325; 10/08/1992 Spalding’s catchfly ...... Silene spaldingii ...... Threatened ...... U.S.A. (ID, MT, 66 FR 51597; 10/10/2001 OR, WA). No common name ...... Stenogyne bifida ...... Endangered ...... U.S.A. (HI) ...... 57 FR 46325; 10/08/1992 Pamakani ...... Tetramolopium capillare ...... Endangered ...... U.S.A. (HI) ...... 59 FR 49863; 09/30/1994 No common name ...... Tetramolopium remyi ...... Endangered ...... U.S.A. (HI) ...... 56 FR 47694; 09/20/1991 No common name ...... Tetramolopium rockii ...... Endangered ...... U.S.A. (HI) ...... 57 FR 46325; 10/08/1992 No common name ...... Viola lanaiensis ...... Endangered ...... U.S.A. (HI) ...... 56 FR 47694; 09/20/1991

Request for New Information hours at the offices where the comments threatened species under the authority are submitted. of the Endangered Species Act, as To ensure that a 5-year review is amended (Act). With some exceptions, Completed and Active Reviews complete and based on the best the Act prohibits activities with listed available scientific and commercial A list of all completed and currently species unless a Federal permit is issued information, we request new active 5-year reviews addressing species that allows such activity. We provide information from all sources. See ‘‘What for which the Pacific Region of the this list for the convenience of the Information Do We Consider in Our Service has lead responsibility is public as a summary of our permit Review?’’ for specific criteria. If you available at http://www.fws.gov/pacific/ issuances for the calendar year 2015. submit information, please support it ecoservices/endangered/recovery/ FOR FURTHER INFORMATION CONTACT: See with documentation such as maps, 5year.html. the contact information in the Permits bibliographic references, methods used Issued section. to gather and analyze the data, and/or Authority SUPPLEMENTARY INFORMATION: copies of any pertinent publications, This document is published under the We have reports, or letters by knowledgeable authority of the Endangered Species Act issued the following permits to conduct sources. of 1973, as amended (16 U.S.C. 1531 et activities with endangered and seq.). threatened species in response to If you wish to provide information for recovery permit applications that we any species listed above, please submit Dated: December 7, 2015. received under the authority of section your comments and materials to the Richard R. Hannan, 10(a)(1)(A) of the Act (16 U.S.C. 1531 et appropriate contact in the Pacific Acting Regional Director, Pacific Region, U.S. seq.). These permits were issued Islands Fish and Wildlife Office, Oregon Fish and Wildlife Service. between January 1, 2015, and December Fish and Wildlife Office, or Idaho Fish [FR Doc. 2016–02895 Filed 2–11–16; 8:45 am] 31, 2015. Each permit was issued only ADDRESSES and Wildlife Office (see BILLING CODE 4333–15–P after we determined that it was applied section). for in good faith, that granting the Public Availability of Comments permit would not be to the disadvantage DEPARTMENT of THE INTERIOR of the listed species, that the proposed Before including your address, phone activities were for scientific research or number, email address, or other Fish and Wildlife Service would benefit the recovery or the personal identifying information in your [FWS–HQ–ES–2015–N144]; [FF09E42000 enhancement of survival of the species, comment, you should be aware that 156 FXES11130900000] and that the terms and conditions of the your entire comment—including your permits were consistent with the personal identifying information—may Endangered Species; Issuance of purposes and policy set forth in the Act. be made publicly available at any time. Permits While you can ask us in your comment Permits Issued AGENCY: Fish and Wildlife Service, Region 1 (Pacific Region: Hawaii and to withhold your personal identifying Interior. information from public review, we Other Pacific Islands, Idaho, Oregon cannot guarantee that we will be able to ACTION: Notice of issuance of permits. (except for Klamath Basin), and do so. SUMMARY: We, the U.S. Fish and Washington) Comments and materials received will Wildlife Service, have issued the The following permits were applied be available for public inspection, by following permits to conduct certain for and issued in Region 1. For more appointment, during normal business activities with endangered and information about any the following

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permits, contact the Recovery Permit fws.gov or by telephone at 503–231– Coordinator, by email at PermitsR1ES@ 6131.

Permit No. Date issued Applicant name

38768B ...... 01/06/15 ...... Micronesian Environmental Services. 017352 ...... 01/16/15 ...... Commonwealth of The Northern Mariana Islands. 132842 ...... 01/23/15 ...... Public Utility District No. 1 of Pend Oreille County. 233288 ...... 01/23/15 ...... ICF Jones and Stokes, Inc. 826600 ...... 02/09/15 ...... Hadfield, Michael G. 53931B ...... 02/10/15 ...... City of Bellingham. 060179 ...... 03/05/15 ...... Zoological Society of San Diego. 017352 ...... 03/20/15 ...... Commonwealth of The Northern Mariana Islands. 45531B ...... 03/20/15 ...... Hawaii Division of Forestry and Wildlife. 49208B ...... 03/20/15 ...... Summers, Tammy M. 003483 ...... 03/25/15 ...... U.S. Geological Survey, Biological Resources Discipline. 27877B ...... 04/08/15 ...... Haan, Nathan L. 56731B ...... 04/08/15 ...... AMEC Environment and Infrastructure, Inc. 014798 ...... 04/14/15 ...... Coeur d’Alene Tribe. 068143 ...... 04/30/15 ...... Eastern Washington University. 844468 ...... 04/30/15 ...... Confederated Tribes of the Umatilla Indian Reservation. 014497 ...... 05/07/15 ...... Haleakala National Park. 42195A ...... 05/07/15 ...... U.S. Department of the Navy, Naval Base Guam. 08964A ...... 05/07/15 ...... Ross, Dana N. 39372B ...... 05/08/15 ...... Institute For Natural Resources, Portland State University. 136964 ...... 05/21/15 ...... Washington Department of Natural Resources. 44312A ...... 05/27/15 ...... Mount Rainier National Park. 011423 ...... 05/27/15 ...... Washington Department of Ecology. 49790B ...... 06/08/15 ...... U.S. Geological Survey. 005885 ...... 06/11/15 ...... Seattle City Light. 56898B ...... 06/15/15 ...... Bowerman, William J. 58586B ...... 06/15/15 ...... Deschutes National Forest, U.S. Forest Service. 60820B ...... 06/15/15 ...... Willamette National Forest. 58481B ...... 06/15/15 ...... Biota Pacific Environmental Sciences. 39390B ...... 06/24/15 ...... Ecological Land Services, Inc. 64608B ...... 06/24/15 ...... Washington Department of Natural Resources. 64791B ...... 07/02/15 ...... Island County Department of Natural Resources. 63382B ...... 07/15/15 ...... Nyman, Stephen. 702631 ...... 07/16/15 ...... U.S. Fish and Wildlife Service, Region 1. 49790B ...... 07/16/15 ...... U.S. Geological Survey. 39991B ...... 08/03/15 ...... University of Washington Botanic Gardens. 802107 ...... 08/05/15 ...... Baird, Patricia A. 72492B ...... 08/20/15 ...... Electron Hydro, LLC. 56898B ...... 08/24/15 ...... Bowerman, William J. 041023 ...... 09/02/15 ...... Department of the Army. 844489 ...... 09/10/15 ...... Deschutes National Forest, U.S. Forest Service. 71541A ...... 09/28/15 ...... Confederated Tribes of The Warm Springs Reservation. 67121B ...... 10/22/15 ...... Pacific Rim Conservation. 192390 ...... 11/12/15 ...... James, Paul W. 99618A ...... 12/02/15 ...... Rock, Dennis F. 043628 ...... 12/17/15 ...... Institute For Applied Ecology.

Region 2 (Southwest Region: Arizona, information about any the following fws.gov or by telephone at 505–248– New Mexico, Oklahoma, and Texas) permits, contact the Recovery Permit 6665. The following permits were applied Coordinator, by email at PermitsR2ES@ for and issued in Region 2. For more

Permit No. Date issued Applicant name

822908 ...... 01/12/15 ...... Caesar Kleberg Wildlife Research Institute. 150490 ...... 01/20/15 ...... Maresh, John P. 60125 ...... 01/20/15 ...... Salt River Project Agricultural Improvement and Power District. 053085 ...... 01/23/15 ...... Bureau of Reclamation—Boulder City. 836329 ...... 02/04/15 ...... Blanton and Associates. 188015 ...... 02/05/15 ...... Pueblo of Santa Ana—Natural Resources. 52821B ...... 02/05/15 ...... Conley, Dillan W. 48908B ...... 02/05/15 ...... Mickinney, Jeremiah C. 89061A ...... 02/06/15 ...... Arizona State University School of Life Sciences. 52824B ...... 02/06/15 ...... Clearwater Underground Water Conservation District. 51928B ...... 02/16/15 ...... Moczygemba, Kevin J. 802211 ...... 02/16/15 ...... Texas State University—San Marcos. 841353 ...... 02/24/15 ...... Bowman Consulting Group, Ltd. 48572B ...... 03/02/15 ...... Cienega Environmental, Inc.

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Permit No. Date issued Applicant name

44547B ...... 03/02/15 ...... Dixon, Thomas P. 144755 ...... 03/02/15 ...... Reagan Smith Energy Solutions, Inc. 58946B ...... 03/02/15 ...... Gsi Engineering, Llc. 58947B ...... 03/02/15 ...... Ck Associates, Llc. 51930B ...... 03/02/15 ...... Rizzo, Alex K. 800611 ...... 03/02/15 ...... Swca Environmental Consultants, San Antonio. 063395 ...... 03/04/15 ...... Jenks Aquarium Authority. 44545B ...... 03/04/15 ...... Horvath, Michael J. 233205 ...... 03/04/15 ...... Bonn, Thomas D. 050706 ...... 03/13/15 ...... Western Ecosystems Technology, Inc. 045236 ...... 03/13/15 ...... SWCA Environmental Consultants. 833851 ...... 03/16/15 ...... City of Austin—Watershed Protection Department. 25609A ...... 03/16/15 ...... The Peregrine Fund. 37418B ...... 03/16/15 ...... Braown and Gay Engineers, Inc. 195248 ...... 03/16/15 ...... Morrison, Michael L. 35147A ...... 03/20/15 ...... Newstead, David J. 798920 ...... 03/23/15 ...... City of Austin. 040341 ...... 03/23/15 ...... Larsen, William Charles. 835139 ...... 03/23/15 ...... Hawks Aloft, Inc. 830213 ...... 03/24/15 ...... Eco Plan Associates, Inc. 71870A ...... 03/25/15 ...... Western Area Power Administration. 123070 ...... 03/27/15 ...... Morales, Susana M. 08548B ...... 03/27/15 ...... USGS- Sonoran Desert Research Station. 776123 ...... 03/31/15 ...... Texas A and M University—Galveston. 819541 ...... 03/31/15 ...... Ecosystem Management, Inc. 842565 ...... 03/31/15 ...... Cibola National Forest. 97824A ...... 03/31/15 ...... Smith Environmental Research and Consulting House. 814933 ...... 04/03/15 ...... Texas Parks and Wildlife Department. 038055 ...... 04/03/15 ...... University of New Mexico. 082496 ...... 04/03/15 ...... Joint Base San Antonio—Natural Resources. 62878B ...... 04/03/15 ...... Hammerhead Resources, Llc. 28891A ...... 04/06/15 ...... Tristan, Timothy. 51929B ...... 04/06/15 ...... Clark, Timothy G. 24623A ...... 04/07/15 ...... Miller Park Zoo. 43777A ...... 04/10/15 ...... Sea Life US, Llc. 055419 ...... 04/15/15 ...... Turner Biological Consulting, Llc. 37946B ...... 04/20/15 ...... Wright, Marjorie A. 001623 ...... 04/22/15 ...... American Southwest Ichthyological Researchers. 35147A ...... 04/22/15 ...... Newstead, David J. 52820B ...... 04/22/15 ...... Harmon, Vonceil. 48437B ...... 04/22/15 ...... Jones, Jann S. 48847A ...... 04/23/15 ...... Texas A and M University At Galveston. 146407 ...... 04/24/15 ...... Belaire Environmental, Inc. (BEI). 205717 ...... 04/24/15 ...... Collins, Valerie M. 48435B ...... 04/30/15 ...... Dickinson, Kevin S. 58243B ...... 05/04/15 ...... Hill , Austin E. 168688 ...... 05/04/15 ...... Itz, Sarah N. 35619A ...... 05/04/15 ...... Miller, Marvin J. 61040B ...... 05/04/15 ...... Shenandoah Deer Services Llc. 48766A ...... 05/06/15 ...... Grabowski, Timothy B. 35163A ...... 05/06/15 ...... Grzybowski, Joseph A. 091551 ...... 05/06/15 ...... U.S. Fish and Wildlife Service, Region 2. 61124B ...... 05/11/15 ...... Creighton, J. Curtis. 58781A ...... 05/12/15 ...... University of Arizona. 064085 ...... 05/15/15 ...... Rodden, Iris E. 091552 ...... 05/18/15 ...... Homesley, Zane N. 195191 ...... 05/18/15 ...... Baer Engineering and Environmental Consulting, Inc. 829995 ...... 05/18/15 ...... Dallas Zoo and Aquarium. 051819 ...... 05/19/15 ...... Fort Worth Zoological Park. 837751 ...... 05/22/15 ...... Bureau of Reclamation. Phoenix. 66055A ...... 05/22/15 ...... The Navajo Nation. 52561B ...... 05/22/15 ...... Teague, Trevor N. 52562B ...... 05/22/15 ...... Turner, Andrew J.P. 082497 ...... 05/27/15 ...... Huggins Enterprises, Llc. 54802B ...... 05/28/15 ...... Phillips-Schaap, Megan Elizabeth. 27791B ...... 05/29/15 ...... National Park Service—Montezuma Castle and Tuzigoot Monuments. 037118 ...... 05/29/15 ...... Carroll, Scott E. 819475 ...... 05/29/15 ...... Bureau of Reclamation. 082498 ...... 05/29/15 ...... National Park Service—Flagstaff Area National Monuments. 043399 ...... 06/05/15 ...... Eagle Environmental Consulting, Inc. 42737A ...... 06/05/15 ...... Sevenecoten, Llc. 64619B ...... 06/05/15 ...... Wood, Dustin A. 08548B ...... 06/05/15 ...... USGS—Sonoran Desert Research Station. 830213 ...... 06/10/15 ...... Eco Plan Associates, Inc.

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Permit No. Date issued Applicant name

43324B ...... 06/10/15 ...... Goode, Matthew J. 63200B ...... 06/10/15 ...... Audubon Arizona. 146501 ...... 06/12/15 ...... Oklahoma Conservation Commission. 000948 ...... 06/15/15 ...... Western New Mexico University. 819477 ...... 06/15/15 ...... Parametrix. 61045B ...... 06/15/15 ...... Scott, Jennifer D. 23162B ...... 06/18/15 ...... Herman, Eric L. 207863 ...... 06/19/15 ...... AECOM. 819458 ...... 06/19/15 ...... Organ Pipe Cactus National Monument. 826091 ...... 06/19/15 ...... Bureau of Land Management—Phoenix. 30430B ...... 06/22/15 ...... University of Houston—Clear Lake. 52816B ...... 06/26/15 ...... Davis, David H. 028605 ...... 06/26/15 ...... SWCA Environmental Consultants—Flagstaff. 63522B ...... 07/02/15 ...... Laney Environmental Consulting. 61048B ...... 07/02/15 ...... Veteran Environmental, Llc. 63523B ...... 07/02/15 ...... Medina Consulting Company, Inc. 023643 ...... 07/03/15 ...... Us Army, III Corps and Fort Hood. 236730 ...... 07/03/15 ...... Bonner, Timothy H. 023159 ...... 07/06/15 ...... Sora. 011464 ...... 07/06/15 ...... Vaughn, Caryn C. 41814B ...... 07/06/15 ...... Tucson Audubon Society. 828830 ...... 07/10/15 ...... Bureau of Land Management—Tucson Field Office. 44542B ...... 07/10/15 ...... Olsson Associates. 821577 ...... 07/10/15 ...... Arizona Game and Fish Department. 170625 ...... 07/10/15 ...... Howard, Daniel R. 066229 ...... 07/15/15 ...... Whitenton Group, Inc. Environmental Consultants. 37484A ...... 07/15/15 ...... Balcones Canyonlands National Wildlife Refuge. 169770 ...... 07/17/15 ...... New Mexico Interstate Stream Commission. 833866 ...... 07/17/15 ...... Texas Forest Service. 43746A ...... 07/20/15 ...... Northern Arizona University. 63202B ...... 07/20/15 ...... Chambers, Carol L. 006655 ...... 07/20/15 ...... Logan Simpson Design, Inc. 33863A ...... 07/20/15 ...... Blackburn, Deborah K. 820730 ...... 07/21/15 ...... New Mexico Energy, Minerals And Natural Resources Department. 053839 ...... 07/21/15 ...... Sme Environmental Consultants. 004439 ...... 07/21/15 ...... Albuquerque Biological Park. 07059A ...... 07/21/15 ...... Marsh, Paul C. 64968A ...... 07/21/15 ...... Apex Companies, Llc. 022190 ...... 07/23/15 ...... Arizona-Sonora Desert Museum. 206016 ...... 07/24/15 ...... Middick, Andrew R. 35438B ...... 08/07/15 ...... Bradley, Anne F. 50643B ...... 08/07/15 ...... Weaver, Vaughn D. 38748A ...... 08/12/15 ...... Carlotta Copper Company. 189566 ...... 08/12/15 ...... Geick, Monica. 828640 ...... 08/19/15 ...... Harris Environmental Group. 42739A ...... 08/20/15 ...... Sea Life Arizona. 71618A ...... 08/26/15 ...... Museum of Southwestern Biology—UNM Herbarium. 821356 ...... 08/26/15 ...... Grand Canyon Monitoring And Research Center, USGS. 67919B ...... 09/01/15 ...... Kartye Land Management Llc. 08394B ...... 09/18/15 ...... U.S. Forest Service. 73966B ...... 09/18/15 ...... Arizona State Parks. 72065A ...... 09/18/15 ...... Prescott National Forest. 051832 ...... 09/18/15 ...... Phoenix Zoo. 69881B ...... 09/18/15 ...... Larsen, Brendan B. 88519A ...... 09/21/15 ...... U.S. Forest Service. 60111B ...... 09/21/15 ...... Robb, Natalie J. 67917B ...... 09/23/15 ...... Gabor, Caitlin R. 822998 ...... 09/25/15 ...... U.S. Forest Service. 797127 ...... 09/25/15 ...... U.S. Army COE, Albuquerque. 800923 ...... 09/25/15 ...... University of Arizona. 73319B ...... 09/25/15 ...... Thompson, Brent E. 64622B ...... 09/28/15 ...... Granillo, Kathy A. 64624B ...... 09/28/15 ...... Johnson, Cassidy B. 78097B ...... 10/01/15 ...... Aslan, Clare E. 73330B ...... 10/01/15 ...... Hargrove, Phillip W. 819528 ...... 10/06/15 ...... New Mexico Natural Heritage Program. 63195B ...... 10/06/15 ...... Stoner, Kathryn E. 64311A ...... 10/06/15 ...... Arizona Department of Emergency and Military Affairs. 59580A ...... 10/09/15 ...... Rocky Mountain Ecology. 834782 ...... 10/15/15 ...... Westland Resources, Inc. 819473 ...... 10/20/15 ...... Grand Canyon National Park. 815409 ...... 10/23/15 ...... New Mexico Department of Game and Fish. 037780 ...... 10/30/15 ...... Texas Westmoreland Coal Company. 97830A ...... 11/02/15 ...... USFWS—Ozark Plateau National Wildlife Refuge.

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Permit No. Date issued Applicant name

103480 ...... 11/02/15 ...... Campbell, Carianne S. 842583 ...... 11/02/15 ...... La Tierra Environmental Consulting. 30425B ...... 11/02/15 ...... Hagyari, David K. 068189 ...... 11/02/15 ...... Archaeological Consulting Services, Ltd. 58490B ...... 11/02/15 ...... Krebbs, Karen. 73321B ...... 11/10/15 ...... Paroz, Yvette M. 72324B ...... 11/10/15 ...... Dill, Lauren A. 43754A ...... 11/12/15 ...... Turner Endangered Species Fund. 78960A ...... 11/13/15 ...... Federal Emergency Management Agency. 212451 ...... 11/16/15 ...... Ortiz, Peter R. 181762 ...... 11/23/15 ...... Sea Turtle, Inc. 053104 ...... 11/24/15 ...... ACI Group, Llc. 676811 ...... 11/24/15 ...... U.S. Fish and Wildlife Service, Region 2. 43322B ...... 11/25/15 ...... Nowak, Erika M. 840214 ...... 12/04/15 ...... Luminant Power. 65846A ...... 12/04/15 ...... Saguaro National Park. 73317B ...... 12/18/15 ...... Britt, Charles R.

Region 3 (Midwest Region: Illinois, information about any the following Indiana, Iowa, Michigan, Minnesota, permits, contact the Recovery Permit Missouri, Ohio, and Wisconsin) Coordinator, by email at PermitsR3ES@ The following permits were applied fws.gov or by telephone at 612–713– for and issued in Region 3. For more 5343.

Permit No. Date issued Applicant name

19777A ...... 01/15/15 ...... Volk Field-CRTC-ANG. 02560A ...... 05/01/15 ...... Carter, Timothy C. 35859B ...... 06/09/15 ...... Mills, Charles E. 64238B ...... 06/12/15 ...... Karsk, Jocelyn. 697830 ...... 06/15/15 ...... U.S. Fish and Wildlife Service. 07358A ...... 06/17/15 ...... Civil and Environmental Consultants, Inc. 64079B ...... 06/17/15 ...... Minnesota Zoological Garden. 64073B ...... 06/19/15 ...... Ecological and GIS Services. 64077B ...... 06/19/15 ...... Krych, Scott A. 21829B ...... 06/22/15 ...... Bishop-Boros, Larisa J. 64070B ...... 07/02/15 ...... SWCA, Inc. 31055B ...... 07/13/15 ...... Armstrong, Kory. 89557A ...... 07/15/15 ...... TRC Companies, Inc. 82666A ...... 07/15/15 ...... Boyles, Justin G. 64235B ...... 07/16/15 ...... O’Leary, William G. 151109 ...... 07/17/15 ...... Ohio Division of Wildlife. 64074B ...... 07/27/15 ...... Zeyzus, Julie A. 71508B ...... 08/14/15 ...... Weber, Justine E. 06841A ...... 09/29/15 ...... U.S. Fish and Wildlife Service. 60257B ...... 10/01/15 ...... Missouri Department of Conservation. 11035A ...... 10/05/15 ...... Vande Kopple, Robert J. 06846A ...... 10/07/15 ...... Smithsonian Institution. 38860A ...... 10/08/15 ...... Garvon, Jason M. 64082B ...... 10/08/15 ...... Beckman, Daniel W. 71516B ...... 10/08/15 ...... Olsson Associates. 72089B ...... 10/09/15 ...... Michigan Technological University. 06801A ...... 10/29/15 ...... Pittsburgh Wildlife and Environmental, Inc. 64081B ...... 10/30/15 ...... Hoyt, Joseph R. 809630 ...... 11/03/15 ...... Kurta, Allen. 38769A ...... 11/06/15 ...... Bradley, Sarah A. 38842A ...... 11/06/15 ...... Sanders Environmental Inc. 38866A ...... 11/06/15 ...... U.S. Geological Survey. 144832 ...... 11/16/15 ...... Detroit Zoological Society. 74488B ...... 11/18/15 ...... Missouri Cooperative Research Unit. 60133B ...... 12/04/15 ...... University of Minnesota. 105320 ...... 12/08/15 ...... Tragus Environmental Consulting, Inc. 120231 ...... 12/08/15 ...... Timpone, John C. 64078B ...... 12/09/15 ...... Toledo Zoological Zoo. 64237B ...... 12/22/15 ...... York-Harris, Megan B. 805269 ...... 12/23/15 ...... Soluk, Daniel A. 06845A ...... 12/31/15 ...... Lochmueller Group. 35518B ...... 12/31/15 ...... Sheets, Jeremy J. 30970B ...... 12/31/15 ...... Miller, Jeffrey C. 151107 ...... 12/31/15 ...... Redwing Ecological Services, Inc. 60958A ...... 12/31/15 ...... Bat Calls Identification, Inc.

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Permit No. Date issued Applicant name

62286A ...... 12/31/15 ...... Whittle, Jason B.

Region 4 (Southeast Region: States of information about any of the following Alabama, Arkansas, Florida, Georgia, permits, contact the Recovery Permit Kentucky, Louisiana, Mississippi, Coordinator, by email at PermitsR4ES@ North Carolina, South Carolina, and fws.gov or by telephone at 404–679– Tennessee; the Commonwealth of 7097. Puerto Rico; and the Virgin Islands of the United States) The following permits were applied for and issued in Region 4. For more

Permit No. Date issued Applicant name

91373A ...... 01/28/15 ...... Miller, Jonathan M. 79580A ...... 01/28/15 ...... Butler, Jason M. 139474 ...... 01/28/15 ...... Ftn Associates, Ltd. 206784 ...... 01/30/15 ...... Bailey, William E. 24343B ...... 01/30/15 ...... EGIS, Inc. 37524B ...... 02/02/15 ...... The Florida Aquarium. 94669A ...... 02/02/15 ...... Toledo Zoological Gardens. 02200B ...... 02/09/15 ...... Atlanta Botanical Garden. 37490B ...... 02/10/15 ...... Littrell, Melissa Toncray. 142294 ...... 02/18/15 ...... Holimon, William (Bill) C. 48049B ...... 02/24/15 ...... Cunningham, Kathryn A. 81756A ...... 03/03/15 ...... Robinson, Jason B. 37900B ...... 03/03/15 ...... Lauerman, Sarah A. 48576B ...... 03/03/15 ...... Wood, Carson D. 237549 ...... 03/03/15 ...... The Nature Conservancy, Tennessee Chapter. 59943B ...... 03/03/15 ...... Boles, Tricia Fay. 23583B ...... 03/06/15 ...... Ober, Holly K. 077175 ...... 03/06/15 ...... Best, Troy L. 48579B ...... 03/06/15 ...... Ecological Solution Inc. 37663B ...... 03/06/15 ...... Ijames, Rebecca D. 125620 ...... 03/06/15 ...... Burns and Mcdonnell Engineering Company, Inc. 102418 ...... 03/09/15 ...... Florida Army National Guard. 119937 ...... 03/09/15 ...... Loeb, Susan C. 94704A ...... 03/25/15 ...... Brown, Dorothy C. 37666B ...... 03/30/15 ...... Allen, Jessica L. 096554 ...... 04/01/15 ...... Biological Systems Consultant, Inc. 62857B ...... 04/02/15 ...... Bear, Donna L. 22570A ...... 04/03/15 ...... Nashville Zoo. 697819 ...... 04/08/15 ...... Fish and Wildlife Service, Region 4. 066980 ...... 04/09/15 ...... J.W. Jones Ecological Research Center, Ichauway Inc. 63633A ...... 04/09/15 ...... Biodiversity Research Institute. 27608B ...... 04/13/15 ...... Mcgehee Engineering Corporation. 37492B ...... 04/13/15 ...... Grow, Anthony Christopher. 48582B ...... 04/14/15 ...... Romano, Kim A. 51145B ...... 04/15/15 ...... Ashton, Kyle G. 63888B ...... 04/16/15 ...... Museum of Science Inc. 48386B ...... 04/20/15 ...... Department of Defense. 102292 ...... 04/20/15 ...... Jackson, Jeremy L. 56749B ...... 04/20/15 ...... Moore, Patrick R. 53149B ...... 04/20/15 ...... Otto, Hans W. 083085 ...... 04/21/15 ...... Menges, Eric S. 070584 ...... 05/01/15 ...... Gumbert, Mark W. 18825B ...... 05/13/15 ...... Savidge, Timothy W. 070796 ...... 05/13/15 ...... Apogee Environmental Consultants. 63349B ...... 06/01/15 ...... Lindeman, Peter V. 129703 ...... 06/11/15 ...... Hmb Professional Engineers, Inc. 051429 ...... 06/15/15 ...... Mosaic Fertilizer, Llc. 100012 ...... 06/16/15 ...... Share The Beach. 41910B ...... 06/17/15 ...... Rush, Scott A. 54578B ...... 06/18/15 ...... Frazer, Mary E. 78919A ...... 06/23/15 ...... East Coast Zoological Society. 100070 ...... 06/24/15 ...... USDA Forest Service—Bankhead Ranger District. 061069 ...... 06/29/15 ...... Smith, Mark R. 816862 ...... 07/01/15 ...... Settles, Joseph. 38906B ...... 07/28/15 ...... National Parks Service. 075913 ...... 08/10/15 ...... Risch, Thomas S. 56430B ...... 08/11/15 ...... Hootman, Jonathan R.

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Permit No. Date issued Applicant name

60238B ...... 08/21/15 ...... Georgia Museum of Natural History. 13844A ...... 08/21/15 ...... Miller, Anthony T. 64232B ...... 08/25/15 ...... Young, Joshua R. 38519A ...... 08/26/15 ...... Cardno Entrix. 108584 ...... 09/01/15 ...... Nehus, Tim J. 59798B ...... 09/03/15 ...... Daguna Consulting Llc. 237545 ...... 11/04/15 ...... Lavoie, Michael J. 37219B ...... 11/06/15 ...... Perry, Roger W. 32397A ...... 11/12/15 ...... Godwin, James C. 21809A ...... 11/19/15 ...... Folk, Monica L. 087176 ...... 11/23/15 ...... Eisenhour, David J. 237535 ...... 11/27/15 ...... Bok Tower Gardens. 206741 ...... 11/30/15 ...... Metro Water Services. 66445B ...... 12/01/15 ...... Fowler, Angelina D. 049654 ...... 12/14/15 ...... Gordon, William D. 37498B ...... 12/14/15 ...... Everglades Research and Education Center. 117769 ...... 12/18/15 ...... Schoech, Stephan J.

Region 5 (Northeast Region: information about any the following Connecticut, Delaware, Maine, permits, contact the Recovery Permit Maryland, Massachusetts, New Coordinator, by email at PermitsR5ES@ Hampshire, New Jersey, New York, fws.gov or telephone 703–358–2402. Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia) The following permits were applied for and issued in Region 5. For more

Permit No. Date issued Applicant name

86197B ...... 03/17/15 ...... Weldon, Prescott. 86343B ...... 03/24/15 ...... Carlin, John. 86345B ...... 04/04/15 ...... Knorr, David. 86357B ...... 04/06/15 ...... Feller, Daniel J. 86358B ...... 07/24/15 ...... Zydlewski, Joseph D. 86357B ...... 09/03/15 ...... Feller, Daniel J. 86359B ...... 09/15/15 ...... Riexinger, Patricia. 86361B ...... 10/02/15 ...... Winslow, Kyle. 86362B ...... 10/16/15 ...... Galbraith, Heather.

Region 6 (Mountain-Prairie Region: information about any the following Colorado, Kansas, Montana, Nebraska, permits, contact the Recovery Permit North Dakota, South Dakota, Utah, and Coordinator, by email at PermitsR6ES@ Wyoming) fws.gov or by telephone 719–628–2670. The following permits were applied for and issued in Region 6. For more

Permit No. Date issued Applicant name

25496B ...... 01/23/15 ...... Marette, Brandon B. 091149 ...... 02/05/15 ...... Confederated Salish and Kootenai Tribes. 49168B ...... 03/09/15 ...... Ortega, Catherine P. 00670A ...... 03/09/15 ...... South Dakota Game, Fish and Parks. 103272 ...... 03/16/15 ...... Virginia Polytechnic Institute. 45150 ...... 05/14/15 ...... Oklahoma State University. 060668 ...... 05/01/15 ...... Bellini Environmental Consulting. 43046A ...... 05/27/15 ...... Mammoliti, Kirk M. 56902B ...... 05/27/15 ...... Bureau of Reclamation. 227446 ...... 05/27/15 ...... Clifton Sanitation District. 704930 ...... 05/28/15 ...... U.S. Fish and Wildlife Service. 059369 ...... 06/01/15 ...... Colorado State University. 63418B ...... 06/01/15 ...... US Forest Service, Superior Ranger District. 232905 ...... 06/15/15 ...... Como Park Zoo and Conservatory. 207946 ...... 06/15/15 ...... Bureau of Reclamation. 54237 ...... 07/01/15 ...... USDA Forest Service—Rocky Mountain Region. 66969B ...... 07/01/15 ...... Cemml—Colorado State University. 183430 ...... 07/13/15 ...... Headwaters Corporation. 66969B ...... 07/23/15 ...... Colorado State University. 54237 ...... 07/23/15 ...... USDA Forest Service.

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Permit No. Date issued Applicant name

46971A ...... 07/27/15 ...... USDA Forest Service. 01741B ...... 07/28/15 ...... Colorado Department of Transportation. 64613B ...... 08/01/15 ...... Phillips, Andrew L. 66505B ...... 08/01/15 ...... Wenck Associates. 50643B ...... 08/07/15 ...... Weaver, Vaughn D. 161444 ...... 08/10/15 ...... California Academy of Sciences. 237960 ...... 08/10/15 ...... Power Engineers. 66510B ...... 09/01/15 ...... North Dakota State University. 12513A ...... 09/08/15 ...... University of Colorado—Denver. 65809B ...... 09/01/15 ...... Dankert, Neil E. 07858A ...... 09/09/15 ...... Utah State University. 66521B ...... 09/09/15 ...... Western Biology, Llc. 106387 ...... 10/05/15 ...... US Forest Service, Bridger-Teton National Forest. 053925 ...... 10/13/15 ...... National Park Service. 65611B ...... 10/22/15 ...... Skadsen, Dennis. 66113B ...... 10/14/15 ...... Reiser, Jim M.

Region 7 (Alaska Region) Applicant Region 8 (Pacific Southwest Region: Permit No. Date issued name California, Nevada, and Klamath Basin The following permits were applied Portion of Oregon) for and issued in Region 7. For more 042711 ...... 05/23/15 ...... Yukon Delta information about any the following National The following permits were applied permits, contact the Recovery Permit Wildlife for and issued in Region 8. For more information about any the following Coordinator, by email at PermitsR7ES@ Refuge. permits, contact the Recovery Permit fws.gov or by telephone 907–786–3472. 012155 ...... 06/22/15 ...... ABR, Inc. Coordinator, by email at PermitsCNES@ fws.gov or by telephone at 760–431– 9440.

Permit No. Date issued Applicant name

006559 ...... 01/03/15 ...... Powell, Dale A. 237086 ...... 01/07/15 ...... Orr, Bruce K. 43944A ...... 01/21/15 ...... Spies, Brenton T. 797267 ...... 01/30/15 ...... Triple Hs, Incorporated. 35387A ...... 01/30/15 ...... Glenn, Danielle C. 004234 ...... 01/30/15 ...... California Department of Parks and Recreation. 094893 ...... 01/30/15 ...... Santa Barbara Botanic Garden. 806679 ...... 01/30/15 ...... Spring Rivers Ecological Sciences, Llc. 181738 ...... 01/30/15 ...... U.S. Environmental Protection Agency. 100006 ...... 01/30/15 ...... Freeman Biological. 094318 ...... 02/13/15 ...... Vinje, Jessica S. 20186A ...... 02/13/15 ...... Huffman, Garrett R. 031913 ...... 02/13/15 ...... Ball, Morgan L. 41613B ...... 02/13/15 ...... Stewart, Mitch W. 839896 ...... 02/13/15 ...... Reed, Samuel J. 827494 ...... 02/13/15 ...... Riefner, Rick E. 72044A ...... 02/13/15 ...... Demetropoulos, Carl L. 203081 ...... 02/13/15 ...... Labonte, John P. 032713 ...... 02/13/15 ...... California Department of Transportation. 110382 ...... 02/13/15 ...... Edens, Ava R. 13636B ...... 02/13/15 ...... Hoffman, Michaela L. 41184B ...... 02/13/15 ...... Hyland, Mason D. 237061 ...... 02/13/15 ...... Chase, Daniel A. 41182B ...... 02/13/15 ...... Pope, Karen L. 89998A ...... 02/27/15 ...... Amalong, Matthew L. 104080 ...... 02/27/15 ...... Sykes, Stephen A. 33292B ...... 02/27/15 ...... Tehama Environmental Solutions, Incorporated. 43937B ...... 02/27/15 ...... Sloan, Robert L. 41181B ...... 02/27/15 ...... Addison, Clayton K. 110094 ...... 02/27/15 ...... Chapman, Todd A. 15544A ...... 03/20/15 ...... Beck, Christine L. 43642B ...... 03/20/15 ...... National Park Service—Redwood National Park. 41825B ...... 03/20/15 ...... Parker, Virgil T. 027422 ...... 03/20/15 ...... Pittman, Brian T. 108099 ...... 03/20/15 ...... Higginson, Jane. 218630 ...... 03/20/15 ...... Mendez, Irena M. 01769B ...... 04/01/15 ...... Reebs, Jesse L. 128462 ...... 04/03/15 ...... Feenstra, Jonathan S. 801346 ...... 04/03/15 ...... Rogers, Geoffrey L. 821229 ...... 04/03/15 ...... Crawford, David G. 832945 ...... 04/03/15 ...... Patterson, Lisa M.

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Permit No. Date issued Applicant name

58888A ...... 04/03/15 ...... Ritenour, Dale E. 43643B ...... 04/03/15 ...... Weiser, Barbara P. 50899B ...... 04/07/15 ...... Bonzey, Nicholas S. 02496A ...... 04/07/15 ...... Ghalambor, Kevin K. 09389A ...... 04/07/15 ...... Giolli, Michelle E. 114928 ...... 04/07/15 ...... Howe, John A. 09375A ...... 04/20/15 ...... Eliassen, Laura A. 808241 ...... 04/20/15 ...... Sonoma County Water Agency. 161496 ...... 04/20/15 ...... Halbert, Portia. 142435 ...... 04/21/15 ...... Shier, Debra M. 54716A ...... 04/27/15 ...... Harvey, Christine L. 829204 ...... 04/27/15 ...... Jones, Harry L. 53787B ...... 04/27/15 ...... Franklin, Heather A. 53922B ...... 04/27/15 ...... Wier, Emily A. 800930 ...... 05/04/15 ...... Marquez-Waller, Viviane J. 08592A ...... 05/22/15 ...... Zoological Society of San Diego. 14231A ...... 05/04/15 ...... Brungraber, Caesara W. 062125 ...... 05/22/15 ...... Bureau of Land Management—Mother Lode Field Office. 50466A ...... 05/22/15 ...... Humphrey, Rosanne L. 134333 ...... 05/22/15 ...... California State University—Chico. 14237A ...... 05/22/15 ...... Wildlife Science Consulting. 64124A ...... 05/25/15 ...... Rowe, Sean P. 148556 ...... 05/25/15 ...... Van Dooremolen, Deborah M. 062121 ...... 05/25/15 ...... Young, Ryan R. 837574 ...... 05/26/15 ...... Eremico Biological Services. 054011 ...... 05/26/15 ...... Green, John F. 804203 ...... 06/03/15 ...... AMEC. 148554 ...... 06/03/15 ...... Bonterra Psomas. 118641 ...... 06/04/15 ...... Mcgraw, Jodi M. 082233 ...... 06/05/15 ...... England, Marcus C. 804203 ...... 06/05/15 ...... Myers, Stephen J. 017549 ...... 06/05/15 ...... Whitfield, Mary J. 43668A ...... 06/05/15 ...... Braden, Gerald T. 807078 ...... 06/12/15 ...... Point Reyes Bird Observatory. 62708B ...... 06/12/15 ...... Halterman, Mary M. 62432B ...... 06/12/15 ...... Mcallister, Sean E. 085026 ...... 06/18/15 ...... Steinman, Jeff. 117947 ...... 06/19/15 ...... Clark, Kevin B. 148554 ...... 06/19/15 ...... Heredia, Amber O. 59592B ...... 06/19/15 ...... Johnson, Angela M. 46552A ...... 06/29/15 ...... Wasz, Kristen M. 022227 ...... 06/29/15 ...... Smead, Harry F. 35000A ...... 06/29/15 ...... University of California, Davis. 094642 ...... 06/30/15 ...... Shaffer, Howard B. 63440B ...... 07/22/15 ...... Thompson, Daniel B. 63422B ...... 07/22/15 ...... U.S. Forest Service. 59586B ...... 07/24/15 ...... Duff, Scott M. 56726A ...... 07/24/15 ...... Kern, Miki A. 50510A ...... 07/24/15 ...... Cline, Geoffrey D. 25164A ...... 07/24/15 ...... Little, Catherine A. 19226A ...... 07/24/15 ...... Moore, Jillian S. 59890B ...... 07/24/15 ...... Olberding Environmental, Inc. 25864A ...... 07/24/15 ...... Stolpe, Richard C. 799570 ...... 07/30/15 ...... Witham, Carol W. 049175 ...... 07/30/15 ...... Dicus, Melanie R. 43949B ...... 07/30/15 ...... Harrison, Joshua G. 114936 ...... 08/07/15 ...... Johnson, Bonnie J. 066621 ...... 08/07/15 ...... Naval Base Ventura County Point Mugu, Department of the Navy. 038701 ...... 08/07/15 ...... Peterson, Bonnie L. 026089 ...... 08/07/15 ...... Humboldt Redwood Company, Llc. 837309 ...... 08/07/15 ...... Misenhelter, Michael D. 811188 ...... 08/07/15 ...... Resource Conservation District of The Santa Monica Mountains. 43944A ...... 08/07/15 ...... Spies, Brenton T. 018177 ...... 08/07/15 ...... Hansen, Eric C. 42833A ...... 08/21/15 ...... Maunsell, Ian E.D. 168927 ...... 08/21/15 ...... Stokes, Drew C. 200339 ...... 08/21/15 ...... Foster, Sarah M. 50999B ...... 08/21/15 ...... Meisel, Autumn N. 039640 ...... 09/02/15 ...... Alberts, Kris R. 50992B ...... 09/02/15 ...... Gutierrez, Antonette T. 060175 ...... 09/28/15 ...... Gonzales, Teresa L. 095868 ...... 09/28/15 ...... Kisner, David A. 022630 ...... 09/28/15 ...... U.S. Geological Survey. 56626B ...... 09/28/15 ...... Dakin, Robin E.

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Permit No. Date issued Applicant name

56489B ...... 09/28/15 ...... Koehler, Jonathan T. 122026 ...... 09/28/15 ...... Bailey, Tracy Y. 787037 ...... 10/06/15 ...... Simovich, Marie A. 797267 ...... 11/02/15 ...... Triple Hs, Incorporated. 049461 ...... 11/09/15 ...... Marty, Jaymee T. 57161B ...... 11/09/15 ...... Wyckoff, Anna C. 59573B ...... 11/09/15 ...... Krause, Andrew P. 56034B ...... 11/09/15 ...... Huang, Joseph L. 034101 ...... 11/11/15 ...... Naval Facilities Engineering Comand, Southwest. 67390A ...... 11/12/15 ...... Smith, Benjamin J. 091463 ...... 11/12/15 ...... Hongola, Steven J. 162656 ...... 11/12/15 ...... Mc Connel, Patrick O. 044520 ...... 11/12/15 ...... Snibbe, Jenni J. K. 60106B ...... 11/12/15 ...... Sosa, Roland A. 6328 ...... 11/12/15 ...... Drake, Michael B. 057043 ...... 11/17/15 ...... Green Diamond Resource Company. 817397 ...... 11/17/15 ...... Storrer, John R. 188803 ...... 11/23/15 ...... USFWS—Stockton FWO. 72013A ...... 12/01/15 ...... Durand, John R. 809232 ...... 12/04/15 ...... Bio-West, Incorporated. 045994 ...... 12/04/15 ...... U.S. Geological Survey—Western Ecological Research Center. 30659A ...... 12/04/15 ...... Creekside Center For Earth Observation. 007907 ...... 12/04/15 ...... U.S. Geological Survey. 59158B ...... 12/04/15 ...... Newman, Darren P. 012973 ...... 12/14/15 ...... Ecorp Consulting, Inc.

Availability of Documents efforts to reduce paperwork and societal impacts and costs, even at Documents and other information respondent burden, we invite the thicknesses of only a few millimeters or submitted with these applications are general public and other Federal inches. Additionally, fine grainedash, available for review subject to the agencies to take this opportunity to when ingested can cause health impacts requirements of the Privacy Act and comment on this IC. This collection is to humans and animals. USGS will use Freedom of Information Act, by any scheduled to expire on May 31, 2016. reports entered in real time by party who submits a written request for DATES: To ensure that your comments respondents of ash fall in their local a copy of such documents. are considered, we must receive them area to correct or refine ash fall forecasts on or before April 12, 2016. as the ash cloud moves downwind. Authority ADDRESSES: You may submit comments Retrospectively these reports will enable We provide this notice under the on this information collection to the USGS to improve their ash fall models authority of section 10 of the Act (16 Information Collection Clearance and further research into eruptive U.S.C. 1531 et seq.). Officer, U.S. Geological Survey, 12201 processes. This project is a database Sunrise Valley Drive, MS 807, Reston, module and web interface allowing the Dated: February 4, 2016. VA 20192 (mail); (703) 648–7197 (fax); public and Alaska Volcano Observatory Don Morgan, or [email protected] (email). (AVO) staff to enter reports of ash fall Chief, Branch of Recovery and State Grants. Use ‘Information Collection Number in their local area in real time and [FR Doc. 2016–02723 Filed 2–11–16; 8:45 am] 1028–0106, Ash Fall Report’ in the retrospectively following an eruptive BILLING CODE 4333–55–P subject line. event. Users browsing the AVO Web site FOR FURTHER INFORMATION CONTACT: during eruptions will be directed Kristi Wallace, U.S. Geological Survey, towards a web form allowing them to DEPARTMENT OF THE INTERIOR Alaska Volcano Observatory, 4210 fill in ash fall information and submit the information to AVO. Geological Survey University Drive, Anchorage, Alaska 99508, email: [email protected], office: Compiled ashfall reports are available [USGS–GX15WC00COM0001] 907–786–7109. You may also find in real-time to AVO staff through the information about this ICR at AVO internal Web site. A pre-formatted Agency Information Collection www.reginfo.gov. summary report or table that distills Activities: Comment Request SUPPLEMENTARY INFORMATION: information received online will show AGENCY: U.S. Geological Survey (USGS), ash fall reports in chronological order Interior. I. Abstract with key fields including (1) date and time of ash fall, (2) location, (3) positive ACTION: Notice of a revision of a The USGS provides notifications and or negative ash fall (4) name of observer, currently approved information warnings to the public of volcanic and (5) contact information is easily collection (1028–0106). activity in the US in order to reduce the loss of life, property, and economic and viewable internally on the report so that SUMMARY: We (the U.S. Geological societal impacts. Ash fallout to the calls for clarification can be made by Survey) will ask the Office of ground can pose significant disruption AVO staff quickly and Operations room Management and Budget (OMB) to and damage to buildings, transportation, staff can visualize ashfall information approve the information collection (IC) water and wastewater, power supply, quickly. described below. As required by the communications equipment, Ash fall report data will also be Paperwork Reduction Act (PRA) of agriculture, and primary production displayed on a dynamic map interface 1995, and as part of our continuing leading to potentially substantial and show positive (yes ash) and

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negative (no ash) ash fall reports by III. Request for Comments National Spatial Data Infrastructure, and location. Ash fall reports (icons) will be We are soliciting comments as to: (a) the implementation of Office of publically displayed for a period of 24 Whether the proposed collection of Management and Budget (OMB) hours and shaded differently as they age information is necessary for the agency Circular A–16 and Executive Order so that the age of reports is obvious. to perform its duties, including whether 12906. The Committee will review and The ash fall report database will help the information is useful; (b) the comment upon geospatial policy and AVO track eruption clouds and accuracy of the agency’s estimate of the management issues and will provide a associated fallout downwind. These burden of the proposed collection of forum to convey views representative of reports from the public will also give information; (c) how to enhance the non-Federal partners in the geospatial scientists a more complete record of the quality, usefulness, and clarity of the community. The Committee will amount and duration and other information to be collected; and (d) how conduct its operations in accordance conditions of ash fall. Getting first-hand to minimize the burden on the with the provisions of the FACA. accounts of ash fall will support model respondents, including the use of Certification ash fall development and interpretation automated collection techniques or of satellite imagery. AVO scientists other forms of information technology. I hereby certify that the National will—as time allows—be able to contact Please note that the comments Geospatial Advisory Committee is in the the individuals using their entered submitted in response to this notice are public interest in connection with the contact information for clarification and a matter of public record. We will performance of duties imposed on the details. Knowing the locations from include or summarize each comment in Department of the Interior by Office of which ash-fall reports have been filed our request to OMB to approve this IC. Management and Budget (OMB) will improve ash fall warning messages, Before including your address, phone Circular A–16 (Revised), ‘‘Coordination AVO Volcanic Activity Notifications, number, email address, or other of Geographic Information and Related and make fieldwork more efficient. AVO personal identifying information in your Spatial Data Activities.’’ The Committee staff will be able to condense and comment, you should be aware that will assist the Department of the Interior summarize the various ash fall reports your entire comment, including your by providing advice and and forward that information on to personal identifying information, may recommendations related to the emergency management agencies and be made publicly available at any time. management of Federal geospatial the wider public. The online form will While you can ask OMB in your programs and the development of the also free up resources during comment to withhold your personal National Spatial Data Infrastructure. exceedingly busy times during an identifying information from public Dated: January 19, 2016. eruption, as most individuals currently review, we cannot guarantee that it will Sally Jewell, phone AVO with their reports. be done. Secretary of the Interior. II. Data Aimee Devaris, [FR Doc. 2016–02893 Filed 2–11–16; 8:45 am] OMB Control Number: 1028–0106. USGS Regional Director, Alaska Area. BILLING CODE 4311–AM–P Form Number: NA. [FR Doc. 2016–02867 Filed 2–11–16; 8:45 am] Title: USGS Ash Fall Report. BILLING CODE P DEPARTMENT OF THE INTERIOR Type of Request: Renewal of existing information collection. Bureau of Indian Affairs Affected Public: General Public, local DEPARTMENT OF THE INTERIOR governments and emergency managers. [167 A2100DD/AAKC001030/ Geological Survey A0A501010.999900] Respondent Obligation: Voluntary. Frequency of Collection: On occasion, [GX16EE000101100] Indian Gaming; Extension of Tribal- after each ashfall event. National Geospatial Advisory State Class III Gaming Compact (Crow Estimated Total Number of Annual Committee; Charter Renewal Creek Sioux Tribe and the State of Responses: Approximately 250 South Dakota) individuals affected by a volcanic AGENCY: U.S. Geological Survey, ashfall event each year. Interior. AGENCY: Bureau of Indian Affairs, Interior. Estimated Time per Response: We ACTION: Notice. estimate the public reporting burden ACTION: Notice. will average 5 minutes per response. SUMMARY: Notice is hereby given that SUMMARY: This includes the time for reviewing the Secretary of the Interior has renewed This notice announces the instructions, and answering a web-based the National Geospatial Advisory extension of the Class III gaming questionnaire. Committee (Committee), in accordance compact between the Crow Creek Sioux Estimated Annual Burden Hours: 21 with Section 14(b) of the Federal Tribe and the State of South Dakota. hours. Advisory Committee Act. DATES: Effective February 12, 2016. Estimated Reporting and FOR FURTHER INFORMATION CONTACT: John FOR FURTHER INFORMATION CONTACT: Ms. Recordkeeping ‘‘Non-Hour Cost’’ Mahoney, U.S. Geological Survey, Paula L. Hart, Director, Office of Indian Burden: We have not identified any phone: 206–220–4621, email: Gaming, Office of the Assistant ‘‘non-hour cost’’ burdens associated [email protected]. Secretary—Indian Affairs, Washington, with this collection of information. SUPPLEMENTARY INFORMATION: The DC 20240, (202) 219–4066. Public Disclosure Statement: The PRA Committee provides advice and SUPPLEMENTARY INFORMATION: An (44 U.S.C. 3501, et seq.) provides that an recommendations to the Federal extension to an existing tribal-state agency may not conduct or sponsor and Geographic Data Committee (FGDC), Class III gaming compact does not you are not required to respond to a through the FGDC Chair (the Secretary require approval by the Secretary if the collection of information unless it of the Interior or designee), related to extension does not modify any other displays a currently valid OMB control management of Federal geospatial terms of the compact. See Pursuant to number and current expiration date. programs, the development of the 25 CFR 293.5. The Crow Creek Sioux

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Tribe and the State of South Dakota information concerning the Commission possession. The ALJ denied Valbruna’s have reached an agreement to extend may also be obtained by accessing its request to assert certain operating the expiration of their existing Tribal- Internet server (http://www.usitc.gov). practices that the ALJ had previously State Class III gaming compact until The public record for this investigation excluded. June 23, 2016. This publishes notice of may be viewed on the Commission’s On December 16, 2015, Viraj filed a the new expiration date of the compact. electronic docket (EDIS) at http:// petition for review. Ta Chen also filed Dated: February 3, 2016. edis.usitc.gov. Hearing-impaired a petition for review, arguing that it is entitled to an evidentiary hearing. On Lawrence R. Roberts, persons are advised that information on December 23, 2015, Valbruna and OUII Acting Assistant Secretary—Indian Affairs. this matter can be obtained by contacting the Commission’s TDD each filed responses to both petitions. [FR Doc. 2016–02917 Filed 2–11–16; 8:45 am] terminal on 202–205–1810. Valbruna’s response included a request BILLING CODE 4337–15–P SUPPLEMENTARY INFORMATION: The for immediate entry of relief against Commission instituted this investigation Viraj. Having examined the record of this on October 10, 2014, based on a INTERNATIONAL TRADE investigation, including the ID, the complaint filed by Valbruna Slater COMMISSION petitions for review, and the responses Stainless, Inc. of Fort Wayne, Indiana; thereto, the Commission has determined [Investigation No. 337–TA–933] Valbruna Stainless Inc., of Fort Wayne, to review the ID. Specifically, the Indiana; and Acciaierie Valbruna S.p.A. Commission has determined to review Certain Stainless Steel Products, of Italy (collectively, ‘‘Valbruna’’). 79 FR the ID’s finding of default for spoliation Certain Processes for Manufacturing 61339 (Oct. 10, 2014). The complaint of evidence as to Viraj and the ID’s order or Relating to Same, and Certain alleges violations of section 337 of the Products Containing Same; Notice of that Viraj disgorge any Valbruna Tariff Act of 1930, as amended, 19 operating practices in its possession. On Commission Determination To Review U.S.C. 1337, in the importation into the an Initial Determination Granting in review, the Commission affirms the United States, the sale for importation, default finding, with supplemental Part a Motion for Default and Other and the sale within the United States Relief and, on Review, To Affirm the reasoning described in a forthcoming after importation of certain stainless opinion. The Commission clarifies that Default Finding; Schedule for Filing steel products, certain processes for Written Submissions on the Issues the default finding against Viraj does manufacturing or relating to same, and not preclude the remaining respondents Under Review and on Remedy, Public certain products containing same by Interest, and Bonding from participating in an evidentiary reason of the misappropriation of trade hearing and contesting the allegations at AGENCY: U.S. International Trade secrets, the threat or effect of which is issue in the investigation. The Commission. to destroy or substantially injure an Commission expects the stay of the ACTION: Notice. industry in the United States. Id. The procedural schedule to be lifted. notice of investigation names as In connection with its review, the SUMMARY: Notice is hereby given that respondents Viraj Profiles Limited of Commission requests responses to the the U.S. International Trade Mumbai, India; Viraj Holdings P. Ltd. of following questions only. The parties Commission has determined to review Mumbai, India; Viraj—U.S.A., Inc. of are requested to brief their positions an initial determination (‘‘ID’’) (Order Garden City, New York; Flanschenwerk with reference to the applicable law and No. 17) by the presiding administrative Bebitz GmbH of Ko¨nnern, Germany; the existing evidentiary record. law judge (‘‘ALJ’’) finding Viraj Profiles Bebitz Flanges Works Pvt. Ltd. of 1. Please provide an analysis of the Limited (‘‘Viraj’’) in default for Maharashtra, India; Bebitz U.S.A. of Commission’s authority to (1) order spoliation of evidence and ordering the Garden City, New York; and Ta Chen Viraj to disgorge any Valbruna operating disgorgement of complainants’ Stainless Pipe Co., Ltd. of Tainan, practices in its possession as a sanction operating practices in Viraj’s possession. Taiwan and Ta Chen International, Inc. for spoliation of evidence and (2) On review, the Commission has of Long Beach, California (‘‘Ta Chen’’). enforce such an order. Discuss the determined to affirm the default finding Id. The Office of Unfair Import Commission’s jurisdiction to order as to Viraj. The Commission requests Investigations (‘‘OUII’’) also was named disgorgement by a foreign entity. certain briefing from the parties on the as a party to the investigation. Id. 2. Please discuss whether the remaining issues under review, as On September 8, 2015, Valbruna filed circumstances here provide the grounds indicated in this notice. The a motion for default and other relief for for the issuance of immediate entry of Commission also requests briefing from Viraj’s failure to make and cooperate in relief against Viraj under Commission the parties and interested persons on the discovery, intentional concealment and Rule 210.16(c). issues of remedy, the public interest, failure to preserve dispositive evidence, In connection with the final and bonding. and misrepresentations to Valbruna and disposition of Order No. 17, the FOR FURTHER INFORMATION CONTACT: the Commission. On September 17, Commission may determine that Lucy Grace D. Noyola, Office of the 2015, OUII filed a response in support immediate relief against Viraj is General Counsel, U.S. International of Valbruna’s motion. On September 18, warranted. If so, the Commission may Trade Commission, 500 E Street SW., 2015, Viraj filed a response opposing (1) issue an order that could result in Washington, DC 20436, telephone 202– the motion. the exclusion of the subject articles from 205–3438. Copies of non-confidential On December 8, 2015, the ALJ issued entry into the United States, and/or (2) documents filed in connection with this the subject ID (Order No. 17), granting issue a cease and desist order that could investigation are or will be available for in part Valbruna’s motion for default result in Viraj being required to cease inspection during official business and other relief. The ALJ found that and desist from engaging in unfair acts hours (8:45 a.m. to 5:15 p.m.) in the Viraj acted in bad faith in spoliating in the importation and sale of such Office of the Secretary, U.S. evidence and that a sanction of default articles. Accordingly, the Commission is International Trade Commission, 500 E against Viraj was warranted. The ALJ interested in receiving written Street SW., Washington, DC 20436, also ordered Viraj to disgorge any submissions that address the form of telephone 202–205–2000. General Valbruna operating practices in its remedy, if any, that should be ordered.

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Please include in the submission a be no more than 40 pages, excluding INTERNATIONAL TRADE discussion of the appropriate duration any attachments or exhibits. Reply COMMISSION of the remedy, if any, supported by the submissions must be filed no later than [Investigation Nos. 701–TA–534–538 and factual record. If a party seeks exclusion the close of business on Thursday, 731–TA–1274–1278 (Final)] of an article from entry into the United February 25, 2016. Reply submissions States for purposes other than entry for by the parties shall be no more than 25 Certain Corrosion-Resistant Steel consumption, the party should so pages, excluding any attachments or Products From China, India, Italy, indicate and provide information exhibits. No further submissions on Korea, and Taiwan; Scheduling of the establishing that activities involving these issues will be permitted unless Final Phase of Countervailing Duty and other types of entry either are adversely otherwise ordered by the Commission. Antidumping Duty Investigations affecting it or likely to do so. For Persons filing written submissions must background, see Certain Devices for AGENCY: United States International Connecting Computers via Telephone file the original document electronically Trade Commission. Lines, Inv. No. 337–TA–360, USITC on or before the deadlines stated above ACTION: Notice. Pub. No. 2843 (Dec. 1994) (Commission and submit 8 true paper copies to the SUMMARY: Opinion). Office of the Secretary by noon the next The Commission hereby gives If the Commission contemplates some day pursuant to section 210.4(f) of the notice of the scheduling of the final form of remedy, it must consider the Commission’s Rules of Practice and phase of antidumping and effects of that remedy upon the public Procedure (19 CFR 210.4(f)). countervailing duty investigation Nos. interest. The factors the Commission Submissions should refer to the 701–TA–534–538 and 731–TA–1274– will consider include the effect that an investigation number (‘‘Inv. No. 337– 1278 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine exclusion order and/or cease and desist TA–933’’) in a prominent place on the whether an industry in the United orders would have on (1) the public cover page and/or the first page. (See health and welfare, (2) competitive States is materially injured or Handbook for Electronic Filing threatened with material injury, or the conditions in the U.S. economy, (3) U.S. Procedures, http://www.usitc.gov/ production of articles that are like or _ _ establishment of an industry in the secretary/fed reg notices/rules/ United States is materially retarded, by directly competitive with those that are handbook_on_electronic_filing.pdf). subject to investigation, and (4) U.S. reason of imports of certain corrosion- consumers. The Commission is Persons with questions regarding resistant steel products from China, 1 therefore interested in receiving written filing should contact the Secretary at India, Italy, Korea, and Taiwan, submissions that address the (202) 205–2000. Any person desiring to provided for in subheadings 7210.30.00, aforementioned public interest factors submit a document to the Commission 7210.41.00, 7210.49.00, 7210.61.00, in the context of this investigation. in confidence must request confidential 7210.69.00, 7210.70.60, 7210.90.10, If the Commission orders some form treatment. All such requests should be 7210.90.60, 7210.90.90, 7212.20.00, of remedy, the U.S. Trade directed to the Secretary to the 7212.30.10, 7212.30.30, 7212.30.50, Representative, as delegated by the Commission and must include a full 7212.40.10, 7212.40.50, 7212.50.00, 7212.60.00, 7215.90.10, 7215.90.30, President, has 60 days to approve or statement of the reasons why the 7215.90.50, 7217.20.15, 7217.30.15, disapprove the Commission’s action. Commission should grant such See Presidential Memorandum of July 7217.90.10, 7217.90.50, 7225.91.00, treatment. See 19 CFR 201.6. Documents 7225.92.00, 7226.99.01, 7228.60.60, 21, 2005, 70 FR 43251 (July 26, 2005). for which confidential treatment by the During this period, the subject articles 7228.60.80, and 7229.90.10 of the Commission is properly sought will be Harmonized Tariff Schedule of the would be entitled to enter the United treated accordingly. A redacted non- States under bond, in an amount United States, preliminarily determined confidential version of the document determined by the Commission and by the Department of Commerce to be must also be filed simultaneously with prescribed by the Secretary of the subsidized and sold at less-than-fair- 2 Treasury. The Commission is therefore any confidential filing. All value. interested in receiving submissions nonconfidential written submissions DATES: Effective Date: January 4, 2016. concerning the amount of the bond that will be available for public inspection at FOR FURTHER INFORMATION CONTACT: should be imposed if a remedy is the Office of the Secretary and on EDIS. Mary Messer (202) 205–3193), Office of ordered. The authority for the Commission’s Investigations, U.S. International Trade Written Submissions: Parties to the determination is contained in section Commission, 500 E Street SW., investigation, interested government 337 of the Tariff Act of 1930, as Washington, DC 20436. Hearing- agencies, and any other interested amended (19 U.S.C. 1337), and in part impaired persons can obtain parties are encouraged to file written 210 of the Commission’s Rules of information on this matter by contacting submissions on the issues of remedy, Practice and Procedure (19 CFR part the public interest, and bonding. 210). 1 The Department of Commerce has preliminarily Complainants are requested to submit determined that countervailable subsidies are not proposed remedial orders for the By order of the Commission. being provided to producers and exporters of certain corrosion-resistant steel products from Commission’s consideration. Issued: February 8, 2016. Taiwan and that imports of certain corrosion- Complainants are also requested to state William R. Bishop, resistant steel products from Taiwan are not being and are not likely to be sold in the United States the HTSUS numbers under which the Supervisory Hearings and Information accused products are imported, and at less than fair value. Officer. 2 provide identification information for For purposes of these investigations, the [FR Doc. 2016–02869 Filed 2–11–16; 8:45 am] Department of Commerce has defined the subject all known importers of the subject merchandise as certain corrosion-resistant steel BILLING CODE 7020–02–P articles. Initial written submissions and products. For a full description of the scope of these proposed remedial orders must be filed investigations, including product exclusions, see Countervailing Duty Investigation of Certain no later than close of business on Corrosion-Resistant Steel Products From the Thursday, February 18, 2016. Initial People’s Republic of China: Preliminary Affirmative written submissions by the parties shall Determination, 80 FR 68843, November 6, 2015.

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the Commission’s TDD terminal on 202– (19 CFR part 201), and part 207, conference to be held on May 24, 2016, 205–1810. Persons with mobility subparts A and C (19 CFR part 207). at the U.S. International Trade impairments who will need special Participation in the investigations and Commission Building, if deemed assistance in gaining access to the public service list. Persons, including necessary. Oral testimony and written Commission should contact the Office industrial users of the subject materials to be submitted at the public of the Secretary at 202–205–2000. merchandise and, if the merchandise is hearing are governed by sections General information concerning the sold at the retail level, representative 201.6(b)(2), 201.13(f), and 207.24 of the Commission may also be obtained by consumer organizations, wishing to Commission’s rules. Parties must submit accessing its internet server (http:// participate in the final phase of these any request to present a portion of their www.usitc.gov). The public record for investigations as parties must file an hearing testimony in camera no later these investigations may be viewed on entry of appearance with the Secretary than 7 business days prior to the date of the Commission’s electronic docket to the Commission, as provided in the hearing. (EDIS) at http://edis.usitc.gov. section 201.11 of the Commission’s Written submissions. Each party who SUPPLEMENTARY INFORMATION: rules, no later than 21 days prior to the is an interested party shall submit a Background. The final phase of these hearing date specified in this notice. A prehearing brief to the Commission. investigations is being scheduled party that filed a notice of appearance Prehearing briefs must conform with the pursuant to sections 705(b) and 731(b) during the preliminary phase of the provisions of section 207.23 of the of the Tariff Act of 1930 (19 U.S.C. investigations need not file an Commission’s rules; the deadline for 1671d(b) and 1673d(b)), as a result of additional notice of appearance during filing is May 19, 2016. Parties may also affirmative preliminary determinations this final phase. The Secretary will file written testimony in connection by the Department of Commerce that maintain a public service list containing with their presentation at the hearing, as certain benefits which constitute the names and addresses of all persons, provided in section 207.24 of the subsidies within the meaning of section or their representatives, who are parties Commission’s rules, and posthearing 703 of the Act (19 U.S.C. 1671b) are to the investigations. briefs, which must conform with the being provided to manufacturers, Limited disclosure of business provisions of section 207.25 of the producers, or exporters in China, India, proprietary information (BPI) under an Commission’s rules. The deadline for Italy, and Korea of certain corrosion- administrative protective order (APO) filing posthearing briefs is June 3, 2016. resistant steel products, and that such and BPI service list. Pursuant to section In addition, any person who has not products are being sold in the United 207.7(a) of the Commission’s rules, the entered an appearance as a party to the States at less than fair value within the Secretary will make BPI gathered in the investigations may submit a written meaning of section 733 of the Act (19 final phase of these investigations statement of information pertinent to U.S.C. 1673b). The investigations were available to authorized applicants under the subject of the investigations, requested in petitions filed on June 3, the APO issued in the investigations, including statements of support or 2015, by United States Steel Corporation provided that the application is made opposition to the petition, on or before (Pittsburgh, Pennsylvania), Nucor no later than 21 days prior to the June 3, 2016. On June 17, 2016, the Corporation (Charlotte, North Carolina), hearing date specified in this notice. Commission will make available to Steel Dynamics Inc. (Fort Wayne, Authorized applicants must represent parties all information on which they Indiana), California Steel Industries interested parties, as defined by 19 have not had an opportunity to (Fontana, California), ArcelorMittal U.S.C. 1677(9), who are parties to the comment. Parties may submit final USA LLC (Chicago, Illinois), and AK investigations. A party granted access to comments on this information on or Steel Corporation (West Chester, BPI in the preliminary phase of the before June 21, 2016, but such final Oregon). investigations need not reapply for such comments must not contain new factual Although the Department of access. A separate service list will be information and must otherwise comply Commerce has preliminarily determined maintained by the Secretary for those with section 207.30 of the Commission’s that imports of certain corrosion- parties authorized to receive BPI under rules. All written submissions must resistant steel products from Taiwan are the APO. conform with the provisions of section not being and are not likely to be Staff report. The prehearing staff 201.8 of the Commission’s rules; any subsidized and sold in the United States report in the final phase of these submissions that contain BPI must also at less than fair value, for purposes of investigations will be placed in the conform with the requirements of efficiency the Commission hereby nonpublic record on May 12, 2016, and sections 201.6, 207.3, and 207.7 of the waives rule 207.21(b) 3 so that the final a public version will be issued Commission’s rules. The Commission’s phase of the investigations may proceed thereafter, pursuant to section 207.22 of Handbook on E-Filing, available on the concurrently in the event that the Commission’s rules. Commission’s Web site at http:// Commerce makes final affirmative Hearing. The Commission will hold a edis.usitc.gov, elaborates upon the antidumping and countervailing duty hearing in connection with the final Commission’s rules with respect to determinations with respect to such phase of these investigations beginning electronic filing. imports. at 9:30 a.m. on Thursday, May 26, 2016, Additional written submissions to the For further information concerning at the U.S. International Trade Commission, including requests the conduct of this phase of the Commission Building. Requests to pursuant to section 201.12 of the investigations, hearing procedures, and appear at the hearing should be filed in Commission’s rules, shall not be rules of general application, consult the writing with the Secretary to the accepted unless good cause is shown for Commission’s Rules of Practice and Commission on or before May 20, 2016. accepting such submissions, or unless Procedure, part 201, subparts A and B A nonparty who has testimony that may the submission is pursuant to a specific aid the Commission’s deliberations may request by a Commissioner or 3 Section 207.21(b) of the Commission’s rules request permission to present a short Commission staff. provides that, where the Department of Commerce statement at the hearing. All parties and In accordance with sections 201.16(c) has issued a negative preliminary determination, nonparties desiring to appear at the and 207.3 of the Commission’s rules, the Commission will publish a Final Phase Notice of Scheduling upon receipt of an affirmative final hearing and make oral presentations each document filed by a party to the determination from Commerce. should participate in a prehearing investigations must be served on all

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other parties to the investigations (as Issued: February 10, 2016. final party comments are due on June identified by either the public or BPI William R. Bishop, 29, 2016. service list), and a certificate of service Supervisory Hearings and Information For further information concerning must be timely filed. The Secretary will Officer. these reviews see the Commission’s not accept a document for filing without [FR Doc. 2016–03096 Filed 2–10–16; 4:15 pm] notice cited above and the a certificate of service. BILLING CODE 7020–02–P Commission’s Rules of Practice and Authority: These investigations are being Procedure, part 201, subparts A through conducted under authority of title VII of the E (19 CFR part 201), and part 207, Tariff Act of 1930; this notice is published INTERNATIONAL TRADE subparts A, D, E, and F (19 CFR part pursuant to section 207.21 of the COMMISSION 207). Commission’s rules. [Investigation Nos. 731–TA–770–773 and Authority: These reviews are being By order of the Commission. 775 (Third Review)] conducted under authority of title VII of the Issued: February 9, 2016. Tariff Act of 1930; this notice is published Lisa R. Barton, Stainless Steel Wire Rod From Italy, pursuant to section 207.62 of the Commission’s rules. Secretary to the Commission. Japan, Korea, Spain, and Taiwan; Revised Schedule for the Subject By order of the Commission. [FR Doc. 2016–02914 Filed 2–11–16; 8:45 am] Reviews Issued: February 9, 2016. BILLING CODE 7020–02–P AGENCY: United States International William R. Bishop, Trade Commission. Supervisory Hearings and Information INTERNATIONAL TRADE Officer. ACTION: Notice. COMMISSION [FR Doc. 2016–02897 Filed 2–11–16; 8:45 am] DATES: Effective Date: 5/8/2016. BILLING CODE 7020–02–P [USITC SE–16–004] FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202–205–3187), Office of Government in the Sunshine Act Investigations, U.S. International Trade DEPARTMENT OF JUSTICE Meeting Notice Commission, 500 E Street SW., Drug Enforcement Administration Washington, DC 20436. Hearing- AGENCY HOLDING THE MEETING: United impaired persons can obtain [Docket No. DEA–392] States International Trade Commission. information on this matter by contacting TIME AND DATE: February 19, 2016 at 9:30 the Commission’s TDD terminal on 202– Bulk Manufacturer of Controlled a.m. 205–1810. Persons with mobility Substances Application: Noramco, Inc. impairments who will need special PLACE: Room 101, 500 E Street SW., ACTION: Notice of application. Washington, DC 20436,Telephone: (202) assistance in gaining access to the Commission should contact the Office 205–2000. DATES: of the Secretary at 202–205–2000. Registered bulk manufacturers of STATUS: Open to the public. General information concerning the the affected basic classes, and applicants therefore, may file written MATTERS TO BE CONSIDERED: Commission may also be obtained by accessing its internet server (http:// comments on or objections to the 1. Agendas for future meetings: None. www.usitc.gov). The public record for issuance of the proposed registration in 2. Minutes. these reviews may be viewed on the accordance with 21 CFR 1301.33(a) on 3. Ratification List. Commission’s electronic docket (EDIS) or before April 12, 2016. ADDRESSES: 4. Vote in Inv. Nos. 701–TA–551–553 at http://edis.usitc.gov. Written comments should be sent to: Drug Enforcement and 731–TA–1307–1308 SUPPLEMENTARY INFORMATION: Effective (Preliminary)(Certain New Pneumatic January 6, 2016, the Commission Administration, Attention: DEA Federal Off-the-Road Tires from China, India, established a schedule for the conduct Register Representative/ODXL, 8701 and Sri Lanka). The Commission is of the final phase of the subject reviews Morrissette Drive, Springfield, Virginia currently scheduled to complete and file (81 FR 1642, January 13, 2016). The 22152. its determinations on February 22, 2016; Commission is revising its schedule. SUPPLEMENTARY INFORMATION: The views of the Commission are currently The Commission’s new schedule for Attorney General has delegated her scheduled to be completed and filed on the reviews are is as follows: The authority under the Controlled February 29, 2016. prehearing staff report will be placed in Substances Act to the Administrator of 5. Vote in Inv. Nos. 701–TA–469 and the nonpublic record on May 2, 2016; the Drug Enforcement Administration 731–TA–1168 (Review)(Seamless the deadline for filing prehearing briefs (DEA), 28 CFR 0.100(b). Authority to Carbon and Alloy Steel Standard, Line, is May 10, 2016; requests to appear at exercise all necessary functions with and Pressure Pipe from China). The the hearing must be filed with the respect to the promulgation and Commission is currently scheduled to Secretary to the Commission not later implementation of 21 CFR part 1301, completed and file its determinations than May 11, 2016; the prehearing incident to the registration of and views of the Commission on conference will be held at the U.S. manufacturers, distributors, dispensers, February 29, 2016. International Trade Commission importers, and exporters of controlled Building on May 16, 2016, if deemed substances (other than final orders in 6. Outstanding action jackets: None. necessary; the hearing will be held at connection with suspension, denial, or In accordance with Commission the U.S. International Trade revocation of registration) has been policy, subject matter listed above, not Commission Building at 9:30 a.m. on redelegated to the Deputy Assistant disposed of at the scheduled meeting, May 18, 2016; the deadline for filing Administrator of the DEA Office of may be carried over to the agenda of the posthearing briefs is May 27, 2016; the Diversion Control (‘‘Deputy Assistant following meeting. Commission will make its final release Administrator’’) pursuant to section 7 of By order of the Commission. of information on June 27, 2016; and 28 CFR part 0, appendix to subpart R.

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In accordance with 21 CFR especially on the estimated public discontinuance is absolute, or to allow 1301.33(a), this is notice that on August burden or associated response time, the licensee to notify ATF of the 4, 2015, Noramco, Inc., 1440 Olympic suggestions, or need a copy of the successor who will be maintaining Drive, Athens, Georgia 30601, applied to proposed information collection control of their firearms related records. be registered as a bulk manufacturer of instrument with instructions or The questions are simple and a return the following basic classes of controlled additional information, please contact address is supplied. The format is easy substances: Tracey Robertson, Acting Chief, Federal for the user to list the required Firearms Licensing Center, 244 Needy information ATF needs to perform its Controlled substance Schedule Road, Martinsburg, WV 25405 at email functions in regard to the law. or telephone: [email protected] 5. An estimate of the total number of Gamma Hydroxybutyric Acid I or (304) 616–4647. respondents and the amount of time (2010). Codeine-N-oxide (9053) ...... I SUPPLEMENTARY INFORMATION: Written estimated for an average respondent to Dihydromorphine (9145) ...... I comments and suggestions from the respond: An estimated 2,745 Morphine-N-oxide (9307) ...... I public and affected agencies concerning respondents will take 5 minutes to Amphetamine (1100) ...... II the proposed collection of information complete the survey. Methylphenidate (1724) ...... II are encouraged. Your comments should 6. An estimate of the total public Codeine (9050) ...... II address one or more of the following burden (in hours) associated with the Dihydrocodeine (9120) ...... II collection: The estimated annual public Oxycodone (9143) ...... II four points: Hydromorphone (9150) ...... II • Evaluate whether the proposed burden associated with this collection is Hydrocodone (9193) ...... II collection of information is necessary 228.75 hours. Morphine (9300) ...... II for the proper performance of the If additional information is required Oripavine (9330) ...... II functions of the agency, including contact: Jerri Murray, Department Thebaine (9333) ...... II whether the information will have Clearance Officer, United States Opium tincture (9630) ...... II practical utility; Department of Justice, Justice Oxymorphone (9652) ...... II • Evaluate the accuracy of the Management Division, Policy and Noroxymorphone (9668) ...... II Planning Staff, Two Constitution Alfentanil (9737) ...... II agency’s estimate of the burden of the Sufentanil (9740) ...... II proposed collection of information, Square, 145 N Street NE., Room 3E– Carfentanil (9743) ...... II including the validity of the 405B, Washington, DC 20530. Tapentadol (9780) ...... II methodology and assumptions used; Dated: February 9, 2016. • Fentanyl (9801) ...... II Evaluate whether and if so how the Jerri Murray, quality, utility, and clarity of the The company plans to manufacture Department Clearance Officer for PRA, U.S. information to be collected can be Department of Justice. the listed controlled substances in bulk enhanced; and for distribution to its customers. • [FR Doc. 2016–02910 Filed 2–11–16; 8:45 am] Minimize the burden of the BILLING CODE 4410–FY–P Dated: January 27, 2016. collection of information on those who Louis J. Milione, are to respond, including through the Deputy Assistant Administrator. use of appropriate automated, DEPARTMENT OF JUSTICE [FR Doc. 2016–02863 Filed 2–11–16; 8:45 am] electronic, mechanical, or other BILLING CODE 4410–09–P technological collection techniques or [OMB Number 1140–0066] other forms of information technology, e.g., permitting electronic submission of Agency Information Collection DEPARTMENT OF JUSTICE responses. Activities; Proposed eCollection Overview of this information eComments Requested; Manufacturers [OMB Number 1140–0036] collection: of Ammunition, Records and Agency Information Collection 1. Type of Information Collection Supporting Data of Ammunition Activities; Proposed eCollection (check justification or form 83): Manufactured and Disposed of eComments Requested; FFL Out of Extension of a currently approved collection. AGENCY: Bureau of Alcohol, Tobacco, Business Records Request (ATF F Firearms and Explosives, Department of 5300.3A) 2. The Title of the Form/Collection: FFL Out of Business Records Request. Justice. AGENCY: Bureau of Alcohol, Tobacco, 3. The agency form number, if any, ACTION: 30-Day notice. Firearms and Explosives, Department of and the applicable component of the Justice. Department sponsoring the collection: SUMMARY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, ACTION: 60-day notice. Form number (if applicable): ATF F 5300.3A. Firearms and Explosives (ATF), will SUMMARY: The Department of Justice Component: Bureau of Alcohol, submit the following information (DOJ), Bureau of Alcohol, Tobacco, Tobacco, Firearms and Explosives, U.S. collection request to the Office of Firearms and Explosives (ATF), will Department of Justice. Management and Budget (OMB) for submit the following information 4. Affected public who will be asked review and approval in accordance with collection request to the Office of or required to respond, as well as a brief the Paperwork Reduction Act of 1995. Management and Budget (OMB) for abstract: The proposed information collection review and approval in accordance with Primary: Businesses or other for was previously published in the Federal the Paperwork Reduction Act of 1995. profit. Register 80 FR 77022, on December 11, DATES: Comments are encouraged and Other (if applicable): None. 2015, allowing for a 60-day comment will be accepted for 60 days until April Abstract: The form is used by ATF to period. 12, 2016. notify licensees that go out of business DATES: Comments are encouraged and FOR FURTHER INFORMATION CONTACT: If to send their firearms related business will be accepted for an additional 30 you have additional comments records to the ATF, if the business days until March 14, 2016.

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FOR FURTHER INFORMATION CONTACT: If 4. Affected public who will be asked especially on the estimated public you have additional comments or required to respond, as well as a brief burden or associated response time, especially on the estimated public abstract: suggestions, or need a copy of the burden or associated response time, Primary: Business or other for-profit. proposed information collection suggestions, or need a copy of the Other: None. instrument with instructions or proposed information collection Abstract: ATF uses manufacturer’s additional information, please contact instrument with instructions or records information during Anita Scheddel, Program Analyst, additional information, please contact investigations, inspections for criminal Explosives Industry Programs Branch, Rinell Lawrence, Firearms Enforcement activity, or for compliance purposes. 99 New York Ave. NE., Washington, DC Specialist, Firearms Industry Program, 5. An estimate of the total number of 20226 at email: [email protected]. 99 New York Avenue NE. 20226 at respondents and the amount of time SUPPLEMENTARY INFORMATION: Written email: Fipb-informationcollection@ estimated for an average respondent to comments and suggestions from the atf.gov. Written comments and/or respond: An estimated 159 respondents public and affected agencies concerning suggestions can also be directed to the will take two (2) minutes (.033 hours) to the proposed collection of information Office of Management and Budget, complete the survey. are encouraged. Your comments should Office of Information and Regulatory 6. An estimate of the total public address one or more of the following Affairs, Attention Department of Justice burden (in hours) associated with the four points: Desk Officer, Washington, DC 20503 or collection: The estimated annual public • Evaluate whether the proposed sent to OIRA_submissions@ burden associated with this collection is collection of information is necessary omb.eop.gov. 5.25 hours. for the proper performance of the If additional information is required functions of the agency, including SUPPLEMENTARY INFORMATION: Written contact: Jerri Murray, Department comments and suggestions from the whether the information will have Clearance Officer, United States practical utility; public and affected agencies concerning Department of Justice, Justice • the proposed collection of information Evaluate the accuracy of the Management Division, Policy and agency’s estimate of the burden of the are encouraged. Your comments should Planning Staff, Two Constitution address one or more of the following proposed collection of information, Square, 145 N Street NE., Room 3E– including the validity of the four points: 405B, Washington, DC 20530. • Evaluate whether the proposed methodology and assumptions used; • Evaluate whether and if so how the collection of information is necessary Dated: February 9, 2016. quality, utility, and clarity of the for the proper performance of the Jerri Murray, information to be collected can be functions of the agency, including Department Clearance Officer for PRA, U.S. enhanced; and whether the information will have Department of Justice. • Minimize the burden of the practical utility; [FR Doc. 2016–02936 Filed 2–11–16; 8:45 am] collection of information on those who • Evaluate the accuracy of the BILLING CODE 4410–FY–P are to respond, including through the agency’s estimate of the burden of the use of appropriate automated, proposed collection of information, electronic, mechanical, or other including the validity of the DEPARTMENT OF JUSTICE technological collection techniques or methodology and assumptions used; [OMB Number 1140–0092] other forms of information technology, • Evaluate whether and if so how the e.g., permitting electronic submission of quality, utility, and clarity of the Agency Information Collection Activities; Proposed eCollection responses. information to be collected can be Overview of this information enhanced; and eComments Requested; Voluntary • collection: Minimize the burden of the Magazine Questionnaire for Agencies/ 1. Type of Information Collection: collection of information on those who Entities Who Store Explosive Materials Extension of a currently approved are to respond, including through the AGENCY: Bureau of Alcohol, Tobacco, collection. use of appropriate automated, Firearms and Explosives, Department of 2. The Title of the Form/Collection: electronic, mechanical, or other Justice. Voluntary Magazine Questionnaire for technological collection techniques or ACTION: 30-day notice. Agencies/Entities Who Store Explosive other forms of information technology, Materials. e.g., permitting electronic submission of SUMMARY: The Department of Justice 3. The agency form number, if any, responses. (DOJ), Bureau of Alcohol, Tobacco, and the applicable component of the Overview of This Information Firearms and Explosives (ATF), will Department sponsoring the collection: Collection submit the following information Form number: None. collection request to the Office of Component: Bureau of Alcohol, 1. Type of Information Collection: Management and Budget (OMB) for Tobacco, Firearms and Explosives, U.S. Revision of a currently approved review and approval in accordance with Department of Justice. collection. the Paperwork Reduction Act of 1995. 4. Affected public who will be asked 2. The Title of the Form/Collection: The proposed information collection or required to respond, as well as a brief Manufacturers of Ammunition, Records was previously published in the Federal abstract: and Supporting Data of Ammunition Register 80 FR 78767, on December 17, Primary: Agencies/Entities Who Store Manufactured and Disposed of. 2015, allowing for a 60 day comment Explosive Materials. 3. The agency form number, if any, period. Other: None. and the applicable component of the Abstract: The purpose of the form is Department sponsoring the collection: DATES: Comments are encouraged and to identify the number and locations of Form number: None. will be accepted for an additional 30 public explosives storage facilities Component: Bureau of Alcohol, days until March 14, 2016. (magazines), including those facilities Tobacco, Firearms and Explosives, U.S. FOR FURTHER INFORMATION CONTACT: If used by State and local law Department of Justice. you have additional comments enforcement.

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5. An estimate of the total number of and/or suggestions can also be directed will take 1 minute to complete the respondents and the amount of time to the Office of Management and survey. estimated for an average respondent to Budget, Office of Information and 6. An estimate of the total public respond: An estimated 1,000 Regulatory Affairs, Attention burden (in hours) associated with the respondents will take 30 minutes to Department of Justice Desk Officer, collection: The estimated annual public complete the questionnaire. Washington, DC 20503 or sent to OIRA_ burden associated with this collection is 6. An estimate of the total public [email protected]. 4 hours. burden (in hours) associated with the SUPPLEMENTARY INFORMATION: Written If additional information is required collection: The estimated annual public comments and suggestions from the contact: Jerri Murray, Department burden associated with this collection is public and affected agencies concerning Clearance Officer, United States 500 hours. the proposed collection of information Department of Justice, Justice If additional information is required are encouraged. Your comments should Management Division, Policy and contact: Jerri Murray, Department address one or more of the following Planning Staff, Two Constitution Clearance Officer, United States four points: Square, 145 N Street NE., Room 3E– Department of Justice, Justice • Evaluate whether the proposed 405B, Washington, DC 20530. Management Division, Policy and collection of information is necessary Dated: February 9, 2016. Planning Staff, Two Constitution for the proper performance of the Jerri Murray, Square, 145 N Street NE., Room 3E– functions of the agency, including Department Clearance Officer for PRA, U.S. 405B, Washington, DC 20530. whether the information will have Department of Justice. Dated: February 9, 2016. practical utility; [FR Doc. 2016–02935 Filed 2–11–16; 8:45 am] • Jerri Murray, Evaluate the accuracy of the BILLING CODE 4410–FY–P Department Clearance Officer for PRA, U.S. agency’s estimate of the burden of the Department of Justice. proposed collection of information, [FR Doc. 2016–02898 Filed 2–11–16; 8:45 am] including the validity of the DEPARTMENT OF JUSTICE methodology and assumptions used; BILLING CODE 4410–FY–P [OMB Number 1140–NEW] • Evaluate whether and if so how the quality, utility, and clarity of the Agency Information Collection DEPARTMENT OF JUSTICE information to be collected can be Activities; Proposed eCollection [OMB Number 1140–0001] enhanced; and eComments Requested; Tobacco • Minimize the burden of the Inventory Report (ATF Form 5200.25) Agency Information Collection collection of information on those who Activities; Proposed eCollection are to respond, including through the AGENCY: Bureau of Alcohol, Tobacco, eComments Requested; ATF use of appropriate automated, Firearms and Explosives, Department of Distribution Center Survey (ATF F electronic, mechanical, or other Justice. 1370.4) technological collection techniques or ACTION: 60-day notice. other forms of information technology, SUMMARY: AGENCY: Bureau of Alcohol, Tobacco, e.g., permitting electronic submission of The Department of Justice Firearms and Explosives, DOJ. responses. (DOJ), Bureau of Alcohol, Tobacco, ACTION: 30-day notice. Firearms and Explosives (ATF), will Overview of This Information submit the following information SUMMARY: The Department of Justice Collection collection request to the Office of (DOJ), Bureau of Alcohol, Tobacco, 1. Type of Information Collection Management and Budget (OMB) for Firearms and Explosives (ATF), will (check justification or form 83): review and approval in accordance with submit the following information Extension of a currently approved the Paperwork Reduction Act of 1995. collection request to the Office of ollection. DATES: Comments are encouraged and Management and Budget (OMB) for 2. The Title of the Form/Collection: will be accepted for 60 days until April review and approval in accordance with ATF Distribution Center Contractor 12, 2016. the Paperwork Reduction Act of 1995. Survey. FOR FURTHER INFORMATION CONTACT: If The proposed information collection 3. The agency form number, if any, you have additional comments was previously published in the Federal and the applicable component of the especially on the estimated public Register 80 FR 77021, on December 11, Department sponsoring the collection: burden or associated response time, 2015, allowing for a 60-day comment Form number: ATF F 1370.4. suggestions, or need a copy of the period. Component: Bureau of Alcohol, proposed information collection DATES: Comments are encouraged and Tobacco, Firearms and Explosives, U.S. instrument with instructions or will be accepted for an additional 30 Department of Justice. additional information, please contact days until March 14, 2016. 4. Affected public who will be asked George Fodor, Office of Regulatory FOR FURTHER INFORMATION CONTACT: If or required to respond, as well as a brief Affairs, Office of Enforcement Programs you have additional comments abstract: and Services, Bureau of Alcohol, especially on the estimated public Primary: Business or other for-profit. Tobacco, Firearms, and Explosives, 99 burden or associated response time, Other: Individuals or households. New York Ave. NE., Washington, DC suggestions, or need a copy of the Abstract: The form is used to evaluate 20226 at telephone: 202–648–7994. proposed information collection the ATF Distribution Center, and the SUPPLEMENTARY INFORMATION: Written instrument with instructions or services it provides to the users of ATF comments and suggestions from the additional information, please contact forms and publications. public and affected agencies concerning John Sickler, Visual Information 5. An estimate of the total number of the proposed collection of information Services Branch, 99 New York Ave. NE., respondents and the amount of time are encouraged. Your comments should Washington, DC 20226 at email: estimated for an average respondent to address one or more of the following [email protected]. Written comments respond: An estimated 240 respondents four points:

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• Evaluate whether the proposed Management Division, Policy and • Evaluate the accuracy of the collection of information is necessary Planning Staff, Two Constitution agency’s estimate of the burden of the for the proper performance of the Square, 145 N Street NE., Room 3E– proposed collection of information, functions of the agency, including 405B, Washington, DC 20530. including the validity of the whether the information will have Dated: February 8, 2016. methodology and assumptions used; • practical utility; Jerri Murray, Evaluate whether and if so how the • Evaluate the accuracy of the quality, utility, and clarity of the Department Clearance Officer for PRA, U.S. agency’s estimate of the burden of the Department of Justice. information to be collected can be proposed collection of information, enhanced; and [FR Doc. 2016–02818 Filed 2–11–16; 8:45 am] including the validity of the • Minimize the burden of the methodology and assumptions used; BILLING CODE 4410–FY–P collection of information on those who • Evaluate whether and if so how the are to respond, including through the quality, utility, and clarity of the DEPARTMENT OF JUSTICE use of appropriate automated, information to be collected can be electronic, mechanical, or other enhanced; and [OMB Number 1140–NEW] technological collection techniques or • Minimize the burden of the other forms of information technology, collection of information on those who Agency Information Collection e.g., permitting electronic submission of are to respond, including through the Activities; Proposed eCollection responses. eComments Requested; Contraband use of appropriate automated, Overview of this information Cigarette Trafficking Act Delivery Sale electronic, mechanical, or other collection: Information Form—Schedule B (ATF technological collection techniques or 1. Type of Information Collection Form 5200.26) other forms of information technology, (check justification or form 83): New e.g., permitting electronic submission of AGENCY: Bureau of Alcohol, Tobacco, Collection. responses. Firearms and Explosives, Department of 2. The Title of the Form/Collection: Overview of this information Justice. Contraband Cigarette Trafficking Act collection: ACTION: 60-day notice. Delivery Sale Information Form— 1. Type of Information Collection Schedule B (check justification or form 83): New SUMMARY: The Department of Justice 3. The agency form number, if any, Collection. (DOJ), Bureau of Alcohol, Tobacco, and the applicable component of the 2. The Title of the Form/Collection: Firearms and Explosives (ATF), will Department sponsoring the collection: Tobacco Inventory Report. submit the following information Form number (if applicable): ATF 3. The agency form number, if any, collection request to the Office of Form 5200.26. and the applicable component of the Management and Budget (OMB) for Component: Bureau of Alcohol, Department sponsoring the collection: review and approval in accordance with Tobacco, Firearms and Explosives, U.S. Form number (if applicable): ATF the Paperwork Reduction Act of 1995. Department of Justice. Form 5200.25. The proposed information collection is Component: Bureau of Alcohol, 4. Affected public who will be asked published to obtain comments from the or required to respond, as well as a brief Tobacco, Firearms and Explosives, U.S. public and affected agencies. Department of Justice. abstract: DATES: Comments are encouraged and 4. Affected public who will be asked Primary: Business. will be accepted for 60 days until April or required to respond, as well as a brief Other (if applicable): None. 12, 2016. abstract: Abstract: The amendment to the Primary: Businesses or other for- FOR FURTHER INFORMATION CONTACT: If CCTA requires a person who sells more profit. you have additional comments than 10,000 cigarettes or more than 500 Other (if applicable): None. especially on the estimated public single-unit consumer-sized cans or Abstract: The amendment to the burden or associated response time, packages of smokeless tobacco per CCTA requires a person who sells more suggestions, or need a copy of the month and conducts non-face-to-face than 10,000 cigarettes or more than 500 proposed information collection consumer sales must report to ATF single-unit consumer-sized cans or instrument with instructions or specific information regarding their packages of smokeless tobacco per additional information, please contact inventory and those sales. month and conducts non-face-to-face George Fodor, Office of Regulatory 5. An estimate of the total number of consumer sales must report to ATF Affairs, Office of Enforcement Programs respondents and the amount of time specific information regarding their and Services, Bureau of Alcohol, estimated for an average respondent to inventory and those sales. Tobacco, Firearms, and Explosives, 99 respond: An estimated 3,000 5. An estimate of the total number of New York Ave. NE., Washington, DC respondents will take 1 hour to respondents and the amount of time 20226 at telephone: 202–648–7994. complete the survey. estimated for an average respondent to SUPPLEMENTARY INFORMATION: Written 6. An estimate of the total public respond: An estimated 3000 comments and suggestions from the burden (in hours) associated with the respondents will take 1 hour to public and affected agencies concerning collection: The estimated annual public complete the survey. the proposed collection of information burden associated with this collection is 6. An estimate of the total public are encouraged. Your comments should 36,000 hours. burden (in hours) associated with the address one or more of the following If additional information is required collection: The estimated annual public four points: contact: Jerri Murray, Department burden associated with this collection is • Evaluate whether the proposed Clearance Officer, United States 36,000 hours. collection of information is necessary Department of Justice, Justice If additional information is required for the proper performance of the Management Division, Policy and contact: Jerri Murray, Department functions of the agency, including Planning Staff, Two Constitution Clearance Officer, United States whether the information will have Square, 145 N Street NE., Room 3E– Department of Justice, Justice practical utility; 405B, Washington, DC 20530.

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Dated: February 8, 2016. —Minimize the burden of the collection Planning Staff, Two Constitution Jerri Murray, of information on those who are to Square, 145 N Street NE., Suite 3E.405B, Department Clearance Officer for PRA, U.S. respond, including through the use of Washington, DC 20530. Department of Justice. appropriate automated, electronic, Dated: February 8, 2016. [FR Doc. 2016–02819 Filed 2–11–16; 8:45 am] mechanical, or other forms of Jerri Murray, BILLING CODE 4410–FY–P information technology, e.g., Department Clearance Officer for PRA, U.S. permitting electronic submission of Department of Justice. responses. [FR Doc. 2016–02817 Filed 2–11–16; 8:45 am] DEPARTMENT OF JUSTICE Overview of this information BILLING CODE 4410–09–P collection: [OMB Number 1117–0038] 1. Type of Information Collection: Extension of a currently approved Agency Information Collection DEPARTMENT OF LABOR collection. Activities; Proposed eCollection, 2. Title of the Form/Collection: Office of Workers’ Compensation eComments Requested; Extension Reporting and Recordkeeping for Digital Programs Without Change of a Previously Certificates. Approved Collection Reporting and 3. The agency form number, if any, Advisory Board on Toxic Substances Recordkeeping for Digital Certificates and the applicable component of the and Worker Health Charter Amendment. AGENCY: Drug Enforcement Department sponsoring the collection: Administration, Department of Justice. Form Number: AGENCY: Office of Workers’ ACTION: 60-Day notice. DEA Form 251: CSOS DEA Registrant Compensation Programs, Labor. Certificate Application. ACTION: Advisory Board on Toxic SUMMARY: The Department of Justice DEA Form 252: CSOS Principal Substances and Worker Health for Part (DOJ), Drug Enforcement Coordinator/Alternate Coordinator E of the Energy Employees Occupational Administration (DEA), will be Certificate Application. Illness Compensation Program Act submitting the following information DEA Form 253: CSOS Power of (EEOICPA); Notice of Charter collection request to the Office of Attorney Certificate Application. Amendment. Management and Budget (OMB) for DEA Form 254: CSOS Certificate review and approval in accordance with Application Registrant List Addendum. SUMMARY: In accordance with section the Paperwork Reduction Act of 1995. The Department of Justice component 3687 of Public Law 106–398, which was DATES: Comments are encouraged and is the Drug Enforcement added by section 3141(a) of the National will be accepted for 60 days until April Administration, Office of Diversion Defense Authorization Act (NDAA) of 12, 2016. Control. 2015, Executive Order 13699 (June 26, 4. Affected public who will be asked 2015), and the provisions of the Federal FOR FURTHER INFORMATION CONTACT: If or required to respond, as well as a brief Advisory Committee Act and its you have comments on the estimated abstract: implementing regulations issued by the public burden or associated response Affected public (Primary): Business or General Services Administration (GSA), time, suggestions, or need a copy of the other for-profit. the Advisory Board on Toxic Substances proposed information collection Affected public (Other): None. and Worker Health was established on instrument with instructions or Abstract: The DEA collects July 2, 2015. A Charter and Membership additional information, please contact information in regards to reporting and Balance Plan were filed in accordance Barbara J. Boockholdt, Office of recordkeeping for digital certificates. with the Federal Advisory Committee Diversion Control, Drug Enforcement The application for a digital certificate Act (FACA). Administration; Mailing Address: 8701 is required to ensure that the person The new provision added to EEOICPA Morrissette Drive, Springfield, Virginia applying for the certificate is either a by the NDAA specifies that the Director 22152; Telephone: (202) 598–6812. DEA registrant or someone who has of the Advisory Board’s staff must be a SUPPLEMENTARY INFORMATION: Written power of attorney from a DEA registrant member of the Senior Executive Service comments and suggestions from the to sign orders for Schedule I and II (SES). This individual will also perform public and affected agencies concerning substances. The DEA Certification the duties of the Designated Federal the proposed collection of information Authority uses the information to verify Officer (DFO). The original Charter for are encouraged. Your comments should the person’s identity and eligibility to the Advisory Board specified that the address one or more of the following hold a DEA-issued digital certificate. DFO would be the Office of Workers’ four points: 5. An estimate of the total number of Compensation Programs (OWCP) —Evaluate whether the proposed respondents and the amount of time Comptroller, a member of the SES. collection of information is necessary estimated for an average respondent to OWCP now amends the Charter to for the proper performance of the respond: The DEA estimates a total of specify that the DFO is a member of the functions of the agency, including 9,812 respondents. The average time to SES from OWCP, but not the Program whether the information will have respond: 1.5 hours. Director of the EEOICPA program. The practical utility; 6. An estimate of the total public amended Charter has been filed in —Evaluate the accuracy of the agency’s burden (in hours) associated with the accordance with FACA. estimate of the burden of the proposed collection: The DEA estimates FOR FURTHER INFORMATION CONTACT: You proposed collection of information, that this collection takes 29,802 annual may contact Antonio Rios, Designated including the validity of the burden hours. Federal Officer, Advisory Board on methodology and assumptions used; If additional information is required Toxic Substances and Worker Health, —Evaluate whether and if so how the please contact: Jerri Murray, Department Office of Workers’ Compensation quality, utility, and clarity of the Clearance Officer, United States Programs, at [email protected], or information proposed to be collected Department of Justice, Justice Carrie Rhoads, Office of Workers’ can be enhanced; and Management Division, Policy and Compensation Programs, at

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[email protected], U.S. Department call number (800) 857–7040; pass code Norris at [email protected] or at (202) of Labor, 200 Constitution Avenue NW., 7896588. Attendees will be required to 358–4452 at least 48 hours in advance. Suite S–3524, Washington, DC 20210, sign a visitor’s register and to comply Any member of the public is permitted telephone (202) 343–5580. with NASA KSC security requirements, to file a written statement with the This is not a toll-free number. including the presentation of a valid Panel at the time of the meeting. Verbal Signed at Washington, DC, this 5th day of picture ID and a secondary form of ID, presentations and written comments February, 2016. before receiving an access badge. Due to should be limited to the subject of safety Leonard J. Howie III, the Real ID Act, Public Law 109–13, any in NASA. It is imperative that the attendees with drivers licenses issued Director, Office of Workers’ Compensation meeting be held on this date to Programs. from noncompliant states/territories accommodate the scheduling priorities must present a second form of ID. [FR Doc. 2016–02859 Filed 2–11–16; 8:45 am] of the key participants. Noncompliant states/territories are BILLING CODE 4510–24–P American Samoa, Illinois, Minnesota, Patricia D. Rausch, Missouri, New Mexico, and Advisory Committee Management Officer, Washington. All U.S. citizens desiring National Aeronautics and Space Administration. NATIONAL AERONAUTICS AND to attend the ASAP 2016 First Quarterly SPACE ADMINISTRATION Meeting at the Kennedy Space Center [FR Doc. 2016–02886 Filed 2–11–16; 8:45 am] BILLING CODE 7510–13–P [Notice: (16–009)] must provide their full name, date of birth, place of birth, social security Aerospace Safety Advisory Panel; number, company affiliation and full NATIONAL AERONAUTICS AND Meeting address (if applicable), residential SPACE ADMINISTRATION address, telephone number, driver’s AGENCY: National Aeronautics and license number, email address, country [Notice: (16–008)] Space Administration (NASA). of citizenship, and naturalization ACTION: Notice of meeting. number (if applicable) to the Kennedy NASA International Space Station Space Center Protective Services Office Advisory Committee; Meeting SUMMARY: In accordance with the Federal Advisory Committee Act, Public no later than close of business on AGENCY: National Aeronautics and Law 92–463, as amended, the National February 18, 2016. Space Administration (NASA). All non-U.S. citizens must submit Aeronautics and Space Administration ACTION: Notice of meeting. their name; current address; driver’s announces a forthcoming meeting of the license number and state (if applicable); Aerospace Safety Advisory Panel. SUMMARY: In accordance with the citizenship; company affiliation (if Federal Advisory Committee Act, Public DATES: Wednesday, February 24, 2016, applicable) to include address, Law 92–463, as amended, the National 1:00–2:30 p.m., Local Time. telephone number, and title; place of Aeronautics and Space Administration ADDRESSES: NASA Kennedy Space birth; date of birth; U.S. visa announces a meeting of the NASA Center, Headquarters Building, Room information to include type, number, International Space Station (ISS) 2201, Kennedy Space Center, FL 32899. and expiration date; U.S. Social Security Advisory Committee. The purpose of FOR FURTHER INFORMATION CONTACT: Ms. Number (if applicable); Permanent the meeting is to review all aspects Marian Norris, Aerospace Safety Resident (green card) number and related to the safety and operational Advisory Panel Administrative Officer, expiration date (if applicable); place and readiness of the ISS, and to assess the NASA Headquarters, Washington, DC date of entry into the U.S.; and passport possibilities for using the ISS for future 20546, (202) 358–4452 or mnorris@ information to include country of issue, space exploration. number, and expiration date, to the nasa.gov. DATES: Tuesday, March 1, 2016, 2:00– Kennedy Space Center Protective SUPPLEMENTARY INFORMATION: The 3:00 p.m., Local Time. Services Office no later than close of Aerospace Safety Advisory Panel ADDRESSES: business on February 11, 2016. If the NASA Headquarters, (ASAP) will hold its First Quarterly above information is not received by the Glennan Conference Room (1Q39), 300 Meeting for 2016. This discussion is noted dates, attendees should expect a E Street SW., Washington, DC 20546. pursuant to carrying out its statutory minimum delay of two (2) hours. All Note: 1Q39 is located on the first floor duties for which the Panel reviews, visitors to this meeting will be required of NASA Headquarters. identifies, evaluates, and advises on to process in through the KSC Badging FOR FURTHER INFORMATION CONTACT: Mr. those program activities, systems, Office, Building M6–0224, located just Patrick Finley, Office of International procedures, and management activities outside of KSC Gate 3, on SR 405, and Interagency Relations, (202) 358– that can contribute to program risk. Kennedy Space Center, Florida. Please 5684, NASA Headquarters, Washington, Priority is given to those programs that provide the appropriate data required DC 20546. involve the safety of human flight. The above by email to Tina Delahunty at SUPPLEMENTARY INFORMATION: This agenda will include: [email protected] or fax 321– meeting will be open to the public up —Updates on the Exploration Systems 867–7206, noting at the top of the page to the seating capacity of the room. This Development ‘‘Public Admission to the NASA meeting is also accessible via —Updates on the Commercial Crew Aerospace Safety Advisory Panel teleconference. To participate Program Meeting at KSC.’’ For security questions, telephonically, please contact Mr. —Updates on the International Space please email Tina Delahunty at Finley (202) 358–5684 before 4:30 p.m. Station Program [email protected]. Local Time on February 26, 2016. Please The meeting will be open to the At the beginning of the meeting, provide your name, affiliation, and public up to the seating capacity of the members of the public may make a phone number. room. Seating will be on a first-come verbal presentation to the Panel on the Attendees will be requested to sign a basis. This meeting is also available subject of safety in NASA, not to exceed register and to comply with NASA telephonically. Any interested person 5 minutes in length. To do so, members security requirements, including the may call the USA toll free conference of the public must contact Ms. Marian presentation of a valid picture ID to

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Security before access to NASA Committee reports to the NAC. The providing the following information no Headquarters. Due to the Real ID Act, meeting will be held for the purpose of less than 10 working days prior to the Public Law 109–13, any attendees with soliciting, from the scientific meeting: Full name; gender; date/place drivers licenses issued from non- community and other persons, scientific of birth; citizenship; visa information compliant states/territories must present and technical information relevant to (number, type, expiration date); a second form of ID. [Federal employee program planning. passport information (number, country, badge; passport; active military DATES: Thursday, March 10, 2016, 9:00 expiration date); employer/affiliation identification card; enhanced driver’s a.m. to 5:15 p.m., and Friday, March 11, information (name of institution, license; U.S. Coast Guard Merchant 2016, 8:15 a.m. to 12:15 p.m., Local address, country, telephone); title/ Mariner card; Native American tribal Time. position of attendee; and home address document; school identification to Ann Delo via email at ann.b.delo@ accompanied by an item from LIST C ADDRESSES: NASA Headquarters, Room nasa.gov or by fax at (202) 358–2779. (documents that establish employment 3H42, 300 E Street SW., Washington, DC U.S. citizens and Permanent Residents authorization) from the ‘‘List of the 20546. (green card holders) are requested to Acceptable Documents’’ on Form I–9]. FOR FURTHER INFORMATION CONTACT: Ms. submit their name and affiliation 3 Non-compliant states/territories are: Ann Delo, Science Mission Directorate, working days prior to the meeting to American Samoa, Illnois, Minnesota, NASA Headquarters, Washington, DC Ann Delo. It is imperative that this Missouri, New Mexico and Washington. 20546, (202) 358–0750, fax (202) 358– meeting be held on these dates to Foreign nationals attending this meeting 2779, or [email protected]. accommodate the scheduling priorities will be required to provide a copy of SUPPLEMENTARY INFORMATION: The of the key participants. their passport and visa in addition to meeting will be open to the public up Patricia D. Rausch, providing the following information no to the capacity of the room. This less than 10 working days prior to the meeting will also be available Advisory Committee Management Officer, National Aeronautics and Space meeting: Full name; gender; date/place telephonically and by WebEx. You must Administration. of birth; citizenship; visa information use a touch-tone phone to participate in (number, type, expiration date); this meeting. Any interested person may [FR Doc. 2016–02868 Filed 2–11–16; 8:45 am] passport information (number, country, call the USA toll free conference call BILLING CODE 7510–13–P expiration date); employer/affiliation number 1–800–988–9663, passcode information (name of institution, 8015, on both days, to participate in this address, country, telephone); title/ meeting by telephone. Any interested NATIONAL ARCHIVES AND RECORDS position of attendee; and home address person may call the toll number 1–517– ADMINISTRATION to Mr. Finley via email at 308–9483, passcode 8015, on both days, Information Security Oversight Office [email protected] or by to participate in this meeting by telephone at (202) 358–5684. U.S. telephone. The WebEx link is https:// [NARA–2016–015] citizens and Permanent Residents (green nasa.webex.com/; the meeting number card holders) are requested to submit is 998 776 978 and the password is SC@ National Industrial Security Program their name and affiliation 3 working Mar2016 for both days. The agenda for Policy Advisory Committee (NISPPAC) days prior to the meeting to Mr. Finley. the meeting includes the following AGENCY: National Archives and Records It is imperative that the meeting be held topics: Administration (NARA). on this date to accommodate the —Science Mission Directorate FY 2017 ACTION: Notice of Advisory Committee scheduling priorities of the key Budget Request Meeting. participants. —Nexus for Exoplanet System Science —Big Data Task Force Patricia D. Rausch, SUMMARY: In accordance with the Advisory Committee Management Officer, Attendees will be requested to sign a Federal Advisory Committee Act (5 National Aeronautics and Space register and to comply with NASA U.S.C. app 2) and implementing Administration. security requirements, including the regulation 41 CFR 101–6, NARA [FR Doc. 2016–02885 Filed 2–11–16; 8:45 am] presentation of a valid picture ID to announces the following committee Security before access to NASA BILLING CODE 7510–13–P meeting. Headquarters. Due to the Real ID Act, DATES: The meeting will be March 16, Public Law 109–13, any attendees with 2016, from 10:00 a.m. to 12:00 p.m. EST. NATIONAL AERONAUTICS AND drivers licenses issued from non- ADDRESSES: National Archives and SPACE ADMINISTRATION compliant states/territories must present a second form of ID. [Federal employee Records Administration, 700 [Notice: (16–014)] badge; passport; active military Pennsylvania Avenue NW., Archivist’s identification card; enhanced driver’s Reception Room, Room 105, NASA Advisory Council; Science Washington, DC 20408. Committee; Meeting. license; U.S. Coast Guard Merchant Mariner card; Native American tribal FOR FURTHER INFORMATION CONTACT: AGENCY: National Aeronautics and document; school identification Robert Tringali, Program Analyst, by Space Administration. accompanied by an item from LIST C mail at ISOO, National Archives Building; 700 Pennsylvania Avenue ACTION: Notice of meeting. (documents that establish employment authorization) from the ‘‘List of the NW., Washington, DC 20408, by SUMMARY: In accordance with the Acceptable Documents’’ on Form I–9]. telephone at (202) 357–5335, or by Federal Advisory Committee Act, Public Non-compliant states/territories are: email at [email protected]. Law 92–463, as amended, the National American Samoa, Illinois, Minnesota, Contact ISOO at [email protected] and the Aeronautics and Space Administration Missouri, New Mexico and Washington. NISPPAC at [email protected]. (NASA) announces a meeting of the Foreign nationals attending this meeting SUPPLEMENTARY INFORMATION: The Science Committee of the NASA will be required to provide a copy of purpose of this meeting is to discuss Advisory Council (NAC). This their passport and visa in addition to National Industrial Security Program

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policy matters. The meeting will be filing, invites public comment, and officer of the Commission to represent open to the public. However, due to takes other administrative steps. the interests of the general public in this space limitations and access procedures, DATES: Comments are due: February 16, proceeding (Public Representative). you must submit the name and 2016. 3. Comments are due no later than telephone number of individuals ADDRESSES: Submit comments February 16, 2016. planning to attend to the Information electronically via the Commission’s 4. The Secretary shall arrange for Security Oversight Office (ISOO) no Filing Online system at http:// publication of this order in the Federal later than Friday, March 11, 2016. ISOO www.prc.gov. Those who cannot submit Register. will provide additional instructions for comments electronically should contact By the Commission. accessing the meeting’s location. the person identified in the FOR FURTHER Stacy L. Ruble, Dated: February 8, 2016. INFORMATION CONTACT section by Secretary. Patrice Little Murray, telephone for advice on filing [FR Doc. 2016–02856 Filed 2–11–16; 8:45 am] Committee Management Officer. alternatives. BILLING CODE 7710–FW–P [FR Doc. 2016–02934 Filed 2–11–16; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 7515–01–P David A. Trissell, General Counsel, at 202–789–6820. POSTAL REGULATORY COMMISSION SUPPLEMENTARY INFORMATION: [Docket No. CP2014–60; Order No. 3065] NATIONAL SCIENCE FOUNDATION Table of Contents New Postal Product Notice of Permits Issued Under the I. Introduction AGENCY: Postal Regulatory Commission. Antarctic Conservation Act of 1978 II. Notice of Commission Action III. Ordering Paragraphs ACTION: Notice. AGENCY: National Science Foundation. I. Introduction SUMMARY: The Commission is noticing a ACTION: Notice of permits issued under On February 5, 2016, the Postal recent Postal Service filing concerning the Antarctic Conservation of 1978, an amendment to Priority Mail Contract Public Law 95–541. Service filed notice that it has entered into an additional Global Expedited 85 negotiated service agreement. This notice informs the public of the filing, SUMMARY: The National Science Package Services 3 (GEPS 3) negotiated Foundation (NSF) is required to publish service agreement (Agreement).1 invites public comment, and takes other notice of permits issued under the To support its Notice, the Postal administrative steps. Antarctic Conservation Act of 1978. Service filed a copy of the Agreement, DATES: Comments are due: February 16, This is the required notice. a copy of the Governors’ Decision 2016. ADDRESSES: FOR FURTHER INFORMATION CONTACT: authorizing the product, a certification Submit comments Nature McGinn, ACA Permit Officer, of compliance with 39 U.S.C. 3633(a), electronically via the Commission’s Division of Polar Programs, Rm. 755, and an application for non-public Filing Online system at http:// National Science Foundation, 4201 treatment of certain materials. It also www.prc.gov. Those who cannot submit Wilson Boulevard, Arlington, VA 22230. filed supporting financial workpapers. comments electronically should contact the person identified in the FOR FURTHER Or by email: [email protected] II. Notice of Commission Action INFORMATION CONTACT section by SUPPLEMENTARY INFORMATION: On The Commission establishes Docket telephone for advice on filing January 7 & 8, 2016 the National Science No. CP2016–99 for consideration of alternatives. Foundation published notices in the matters raised by the Notice. FOR FURTHER INFORMATION CONTACT: Federal Register of a permit application The Commission invites comments on David A. Trissell, General Counsel, at received. The permits were issued on whether the Postal Service’s filing is 202–789–6820. February 8, 2016 to: consistent with 39 U.S.C. 3632, 3633, or 1. Ari S. Friedlaender Permit No. 2016– 3642, 39 CFR part 3015, and 39 CFR SUPPLEMENTARY INFORMATION: 024 part 3020, subpart B. Comments are due Table of Contents 2. Michael Gooseff Permit No. 2016–018 no later than February 16, 2016. The I. Introduction public portions of the filing can be Nadene G. Kennedy, II. Notice of Filings accessed via the Commission’s Web site III. Ordering Paragraphs Polar Coordination Specialist, Division of (http://www.prc.gov). Polar Programs. The Commission appoints Kenneth R. I. Introduction [FR Doc. 2016–02835 Filed 2–11–16; 8:45 am] Moeller to serve as Public On February 5, 2016, the Postal BILLING CODE 7555–01–P Representative in this docket. Service filed notice that it has agreed to III. Ordering Paragraphs an amendment to the existing Priority Mail Contract 85 negotiated service POSTAL REGULATORY COMMISSION It is ordered: agreement approved in this docket.1 In 1. The Commission establishes Docket [Docket No. CP2016–99; Order No. 3066] support of its Notice, the Postal Service No. CP2016–99 for consideration of the includes a redacted copy of the New Postal Product matters raised by the Postal Service’s amendment as Attachment A Notice. (Amendment) and a certification of AGENCY: Postal Regulatory Commission. 2. Pursuant to 39 U.S.C. 505, Kenneth compliance with 39 U.S.C. 3633(a), as R. Moeller is appointed to serve as an ACTION: Notice. required by 39 CFR 3015.5. The Postal Service also filed the SUMMARY: 1 Notice of United States Postal Service of Filing The Commission is noticing a unredacted Amendment and supporting recent Postal Service filing concerning a Functionally Equivalent Global Expedited Package Services 3 Negotiated Service Agreement an additional Global Expedited Package and Application for Non-Public Treatment of 1 Notice of United States Postal Service of Change Services 3 negotiated service agreement. Materials Filed Under Seal, February 5, 2016 in Prices Pursuant to Amendment to Priority Mail This notice informs the public of the (Notice). Contract 85, February 5, 2016 (Notice).

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financial information under seal. The an amendment to Priority Mail Express due no later than February 16, 2016. Postal Service seeks to incorporate by 19 negotiated service agreement. This The public portions of these filings can reference the Application for Non- notice informs the public of the filing, be accessed via the Commission’s Web Public Treatment originally filed in this invites public comment, and takes other site (http://www.prc.gov). docket for the protection of information administrative steps. The Commission appoints Kenneth R. that it has filed under seal. Notice at 1. DATES: Comments are due: February 16, Moeller to represent the interests of the The Amendment modifies the pricing 2016. general public (Public Representative) structure of the discounts offered to the ADDRESSES: Submit comments in this docket. contract partner. See Id. Attachment A. electronically via the Commission’s III. Ordering Paragraphs The Postal Service intends for the Filing Online system at http:// Amendment to become effective 2 www.prc.gov. Those who cannot submit It is ordered: business days after the date that the comments electronically should contact 1. The Commission reopens Docket Commission completes its review of the the person identified in the FOR FURTHER No. CP2014–74 for consideration of Notice. Id. at 1. The Postal Service INFORMATION CONTACT section by matters raised by the Postal Service’s asserts that the Amendment will not telephone for advice on filing Notice. impair the ability of the contract to alternatives. 2. Pursuant to 39 U.S.C. 505, the comply with 39 U.S.C. 3633. Id. Commission appoints Kenneth R. FOR FURTHER INFORMATION CONTACT: Attachment B. Moeller to serve as an officer of the David A. Trissell, General Counsel, at Commission (Public Representative) to II. Notice of Filings 202–789–6820. represent the interests of the general The Commission invites comments on SUPPLEMENTARY INFORMATION: public in this proceeding. whether the changes presented in the Table of Contents 3. Comments are due no later than Postal Service’s Notice are consistent February 16, 2016. with the policies of 39 U.S.C. 3632, I. Introduction 4. The Secretary shall arrange for 3633, or 3642, 39 CFR 3015.5, and 39 II. Notice of Filings publication of this order in the Federal III. Ordering Paragraphs CFR part 3020, subpart B. Comments are Register. due no later than February 16, 2016. I. Introduction By the Commission. The public portions of these filings can On February 5, 2016, the Postal Stacy L. Ruble, be accessed via the Commission’s Web Service filed notice that it has agreed to Secretary. site (http://www.prc.gov). an amendment to the existing Priority The Commission appoints Natalie R. [FR Doc. 2016–02854 Filed 2–11–16; 8:45 am] Mail Express Contract 19 negotiated BILLING CODE 7710–FW–P Ward to represent the interests of the service agreement approved in this general public (Public Representative) docket.1 In support of its Notice, the in this docket. Postal Service includes a redacted copy SECURITIES AND EXCHANGE III. Ordering Paragraphs of the amendment as Attachment A COMMISSION It is ordered: (Amendment) and a certification of 1. The Commission reopens Docket compliance with 39 U.S.C. 3633(a), as Submission for OMB Review; No. CP2014–60 for consideration of required by 39 CFR 3015.5. Comment Request matters raised by the Postal Service’s The Postal Service also filed the unredacted Amendment and supporting Upon Written Request, Copies Available Notice. From: Securities and Exchange 2. Pursuant to 39 U.S.C. 505, the financial information under seal. The Commission, Office of FOIA Services, Commission appoints Natalie R. Ward Postal Service seeks to incorporate by 100 F Street NE., Washington, DC to serve as an officer of the Commission reference the Application for Non- 20549–2736. (Public Representative) to represent the Public Treatment originally filed in this interests of the general public in this docket for the protection of information Extension: proceeding. that it has filed under seal. Notice at 1. Rules 6a–1 and 6a–2, Form 1. SEC File No. 3. Comments are due no later than The Amendment changes prices as 270–0017, OMB Control No. 3235–0017. February 16, 2016. contemplated by the terms of the Notice is hereby given that pursuant 4. The Secretary shall arrange for original agreement. Id. to the Paperwork Reduction Act of 1995 publication of this order in the Federal The Postal Service intends for the (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the Register. Amendment to become effective 2 Securities and Exchange Commission business days after the date that the By the Commission. (‘‘Commission’’) has submitted to the Commission completes its review of the Office of Management and Budget Stacy L. Ruble, Notice. Id. The Postal Service asserts Secretary. (‘‘OMB’’) a request for approval of that the Amendment will not impair the extension of the previously approved [FR Doc. 2016–02855 Filed 2–11–16; 8:45 am] ability of the contract to comply with 39 collection of information provided for in BILLING CODE 7710–FW–P U.S.C. 3633. Id. Attachment B. Rule 6a–1 (17 CFR 240.6a–1), Rule 6a– II. Notice of Filings 2 (17 CFR 240.6a–2), and Form 1 (17 POSTAL REGULATORY COMMISSION The Commission invites comments on CFR 249.1) under the Securities whether the changes presented in the Exchange Act of 1934 (15 U.S.C. 78a et [Docket No. CP2014–74; Order No. 3064] Postal Service’s Notice are consistent seq.) (‘‘Exchange Act’’ or Act’’). The Exchange Act sets forth a New Postal Product with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR 3015.5, and 39 regulatory scheme for national securities AGENCY: Postal Regulatory Commission. CFR part 3020, subpart B. Comments are exchanges. Rule 6a–1 under the Act ACTION: Notice. generally requires an applicant for 1 Notice of United States Postal Service of Change initial registration as a national SUMMARY: The Commission is noticing a in Prices Pursuant to Amendment to Priority Mail securities exchange to file an recent Postal Service filing concerning Express Contract 19, February 5, 2016 (Notice). application with the Commission on

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Form 1. An exchange that seeks an $9,445/response × nine responses/ I. Self-Regulatory Organization’s exemption from registration based on respondent per year). Statement of the Terms of Substance of limited trading volume also must apply An agency may not conduct or the Proposed Rule Change for such exemption on Form 1. Rule 6a– sponsor, and a person is not required to 2 under the Act requires registered and Nasdaq proposes to retroactively respond to, a collection of information exempt exchanges: (1) To amend the apply recently-reduced port fees under the PRA unless it displays a Form 1 if there are any material changes charged to members and non-members to the information provided in the currently valid OMB control number. for ports used to enter orders into initial Form 1; and (2) to submit The public may view background Nasdaq systems, in connection with the periodic updates of certain information documentation for this information use of the FIX, RASH, and OUCH provided in the initial Form 1, whether collection at the following Web site, trading protocols under Nasdaq Rules such information has changed or not. www.reginfo.gov. Comments should be 7015(b) and (g) beginning January 4, The information required pursuant to directed to: (i) Desk Officer for the 2016. Rules 6a–1 and 6a–2 is necessary to Securities and Exchange Commission, II. Self-Regulatory Organization’s enable the Commission to maintain Office of Information and Regulatory Statement of the Purpose of, and accurate files regarding the exchange Affairs, Office of Management and Statutory Basis for, the Proposed Rule and to exercise its statutory oversight Budget, Room 10102, New Executive Change functions. Without the information Office Building, Washington, DC 20503, submitted pursuant to Rule 6a–1 on or by sending an email to: Shagufta_ In its filing with the Commission, Form 1, the Commission would not be [email protected]; and (ii) Pamela Nasdaq included statements concerning able to determine whether the Dyson, Director/Chief Information the purpose of and basis for the respondent has met the criteria for Officer, Securities and Exchange proposed rule change and discussed any registration (or an exemption from comments it received on the proposed registration) set forth in Section 6 of the Commission, c/o Remi Pavlik-Simon, 100 F Street NE., Washington, DC rule change. The text of these statements Exchange Act. The amendments and may be examined at the places specified 20549, or by sending an email to: PRA_ periodic updates of information in Item IV below. Nasdaq has prepared [email protected]. Comments must be submitted pursuant to Rule 6a–2 are summaries, set forth in sections A, B, submitted to OMB within 30 days of necessary to assist the Commission in and C below, of the most significant determining whether a national this notice. aspects of such statements. securities exchange or exempt exchange Dated: February 8, 2016. A. Self-Regulatory Organization’s is continuing to operate in compliance Robert W. Errett, with the Exchange Act. Statement of the Purpose of, and Initial filings on Form 1 by new Deputy Secretary. Statutory Basis for, the Proposed Rule exchanges are made on a one-time basis. [FR Doc. 2016–02833 Filed 2–11–16; 8:45 am] Change The Commission estimates that it will BILLING CODE 8011–01–P 1. Purpose receive approximately one initial Form 1 filing per year and that each The purpose of the proposed rule respondent would incur an average SECURITIES AND EXCHANGE change is to apply recently-reduced port burden of 880 hours to file an initial COMMISSION fees charged to members and non- Form 1 at an average internal labor cost members for ports used to enter orders per response of approximately $302,694. [Release No. 34–77077; File No. SR– into Nasdaq systems, in connection with Therefore, the Commission estimates NASDAQ–2016–014] the use of the FIX, RASH, and OUCH that the annual burden for all trading protocols under Nasdaq Rules respondents to file the initial Form 1 Self-Regulatory Organizations; The 7015(b) and (g) during the period from would be 880 hours (one response/ NASDAQ Stock Market LLC; Notice of January 4, 2016 to January 19, 2016. respondent × one respondents × 880 Filing and Immediate Effectiveness of Effective January 4, 2016, Nasdaq hours/response) and an internal Proposed Rule Change to increased fees for FIX Ports under Rule compliance cost of $302,694 (one Retroactively Apply Recently-Reduced 7015(b) and for RASH and OUCH Ports response/respondent × one respondents Port Fees × under Rule 7015(g) from $550 per port, $302,694/response). 3 There currently are 18 entities February 8, 2016 per month to $575 per port, per month. registered as national securities Nasdaq increased the fees to offset costs Pursuant to section 19(b)(1) of the exchanges. The Commission estimates associated with upgrading these ports Securities Exchange Act of 1934 that each registered or exempt exchange with new field-programmable gate array (‘‘Act’’) 1 2 files nine amendments or periodic , and Rule 19b–4 thereunder, (‘‘FPGA’’) technology, which is a updates to Form 1 per year, incurring an notice is hereby given that on January hardware-delivery mechanism that average burden of 25 hours to comply 29, 2016, The NASDAQ Stock Market provides improved performance in with Rule 6a–2. The SEC estimates that LLC (‘‘Nasdaq’’) filed with the Securities terms of predictability.4 Nasdaq the average internal labor cost for a and Exchange Commission implemented the new FPGA hardware national securities exchange per (‘‘Commission’’) the proposed rule response would be approximately change as described in Items I and II 3 See SR–NASDAQ–2016–001, which was $9,445. The Commission estimates that below, which Items have been prepared withdrawn by Nasdaq on January 19, 2016 (available at http://nasdaq.cchwallstreet.com/ the annual burden for all respondents to by Nasdaq. The Commission is NASDAQ/pdf/nasdaq-filings/2016/SR–NASDAQ– file amendments and periodic updates publishing this notice to solicit 2016–001.pdf). to the Form 1 pursuant to Rule 6a–2 is comments on the proposed rule change 4 FPGA hardware is able to process more data 4,050 hours (18 respondents × 25 hours/ from interested persons. packets during peak market conditions without the × introduction of variable queuing latency, which response nine responses/respondent improves the predictability of telecommunications per year) and an internal compliance 1 15 U.S.C. 78s(b)(1). ports over non-FPGA hardware and thereby adds cost of $1,530,090 (18 respondents × 2 17 CFR [sic] § 240.19b–4. value to the user.

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in mid-December 2015 and increased principles of trade, to foster cooperation Nasdaq does not believe that proposal the related port fees on January 4, 2016.5 and coordination with persons engaged places any burden on competition, but Nasdaq recently encountered a few in regulating, clearing, settling, rather reduces fees assessed subscribers unforeseen minor, but not easily processing information with respect to, to a service, which will help maintain rectifiable, issues with the new and facilitating transactions in Nasdaq’s competitiveness among implementation that potentially could securities, to remove impediments to equities markets. have a greater impact on the market. As and perfect the mechanism of a free and a consequence, Nasdaq determined that open market and a national market C. Self-Regulatory Organization’s the risk associated with keeping the system, and, in general, to protect Statement on Comments on the FPGA technology in terms of potential investors and the public interest; and is Proposed Rule Change Received From disruption to trading outweighed the not designed to permit unfair Members, Participants, or Others benefit provided in terms of increased discrimination between customers, No written comments were either performance. Effective January 7, 2016, issuers, brokers, or dealers. solicited or received. Nasdaq removed the FPGA hardware Retroactively applying the lower fees and reverted all FIX, RASH, and OUCH that were assessed prior to the upgrade III. Date of Effectiveness of the ports to the infrastructure that was in to the FIX, RASH and OUCH ports Proposed Rule Change and Timing for place prior to the upgrade to those ports. effective January 4, 2016 is reasonable Commission Action Nasdaq also filed a rule change with the because the improved hardware did not Because the proposed rule change Commission to reduce the fees assessed provide a trouble-free benefit to does not (i) significantly affect the for FIX, RASH, and OUCH ports back to subscribers for a significant time during protection of investors or the public their lower levels of $550 per port, per the month of January 2016. Nasdaq did interest; (ii) impose any significant month, which was effective January 19, not provide an improved service for the burden on competition; and (iii) become 2016.6 ports in return for the increased fees operative for 30 days from the date on Nasdaq proposes to apply the reduced paid during the period from January 4, which it was filed, or such shorter time fees of $550 per port, per month during 2016 to their reduction on January 19, as the Commission may designate if the period from January 4, 2016 to their 2016. The basis for the increased fees consistent with the protection of reduction on January 19, 2016, was the costs associated with investors and the public interest, the effectively eliminating any fee increase purchasing hardware (capital proposed rule change has become for FIX, RASH, and OUCH ports. expenditures) and supporting and effective pursuant to section 19(b)(3)(A) Subscribers to the affected ports did not maintaining the infrastructure of the Act 10 and Rule 19b–4(f)(6) enjoy the benefit of the improved (operating expenditures) for the FPGA thereunder.11 hardware for any significant time, as the enhancement. Thus, retroactively In its filing, Nasdaq requested that the issues with the ports began to manifest applying the reduced pre-upgrade fee is Commission waive the 30-day operative themselves on December 30, 2015 up to reasonable. the point at which Nasdaq determined Applying the lower pre-upgrade fees delay so that Nasdaq may implement to remove the hardware and revert the retroactively is both an equitable the fee reduction prior to the end of its ports back to the infrastructure in place allocation and not unfairly monthly billing cycle. The Commission before. Thus, Nasdaq believes that it is discriminatory because it will apply believes that waiving the 30-day inappropriate to apply the higher fees at uniformly to all market participants that operative delay is consistent with the any point during January 2016.7 subscribed to FIX Ports under Rule protection of investors and the public 7015(b), and OUCH and RASH Ports interest. Nasdaq bills its members at the 2. Statutory Basis under Rule 7015(g) during the end of the month, and, as of the time of This proposal is consistent with the timeframe of January 4, 2016 to January filing, it had not yet assessed the higher provisions of section 6 of the Act,8 in 19, 2016 based on the number of such port fees put in place by SR–NASDAQ– general, and with sections 6(b)(4) and ports subscribed. Accordingly, all 2016–001. Waiver of the 30-day 6(b)(5) of the Act,9 in particular, in that subscribers to the ports under Rule operative delay will not only allow it provides for the equitable allocation 7015(b) and (g) will be assessed the fees Nasdaq to manage its billing process of reasonable dues, fees and other in place prior to the increase, since they more efficiently, but it will also ensure charges among members and issuers and did not realize a significant and trouble- that subscribers are not charged other persons using any facility or free benefit from the hardware. erroneous and inflated fees. For this system which Nasdaq operates or reason, the Commission designates the controls, and is designed to prevent B. Self-Regulatory Organization’s proposed rule change to be operative fraudulent and manipulative acts and Statement on Burden on Competition upon filing.12 practices, to promote just and equitable The proposed rule change will not IV. Solicitation of Comments impose any burden on competition not 5 See note 3 above. necessary or appropriate in furtherance Interested persons are invited to 6 See SR–NASDAQ–2016–007, which has not yet of the purposes of the Act. In terms of submit written data, views and been published in the Federal Register (available at arguments concerning the foregoing, http://nasdaq.cchwallstreet.com/NASDAQ/pdf/ inter-market competition, Nasdaq notes nasdaq-filings/2016/SR–NASDAQ–2016–007.pdf). that it operates in a highly competitive including whether the proposed rule The Commission notes that this filing was market in which market participants can change is consistent with the Act. subsequently withdrawn, because it was deemed readily favor competing venues if they Comments may be submitted by any of unnecessary. Nasdaq’s withdrawal of SR– the following methods: NASDAQ–2016–001 effectively caused the rule text deem fee levels at a particular venue to to revert to the lower fees that were in place prior be excessive, or rebate opportunities to January 4, 2016. See note 3. available at other venues to be more 10 15 U.S.C. 78s(b)(3)(A). 7 Nasdaq bills in arrears for the connectivity favorable. 11 17 CFR 240.19b–4(f)(6). provided under Rule 7015. Thus, subscribers have Nasdaq proposes to retroactively 12 For purposes only of waiving the 30-day not yet been billed at the higher rate in place from operative delay, the Commission has also January 4, 2016 to January 19, 2016. apply a lower fee since it did not considered the proposed rule’s impact on 8 15 U.S.C. 78f. provide the improved connectivity efficiency, competition, and capital formation. See 9 15 U.S.C. 78f(b)(4) and (5). trouble-free for a significant time. Thus, 15 U.S.C. 78c(f).

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Electronic Comments SECURITIES AND EXCHANGE (A) Self-Regulatory Organization’s Statement of the Purpose of, and • COMMISSION Use the Commission’s Internet Statutory Basis for, the Proposed Rule comment form (http://www.sec.gov/ [Release No. 34–77078; File No. SR–BATS– Change rules/sro.shtml); or 2016–04] 1. Purpose • Send an email to rule-comments@ sec.gov. Please include File Number SR– Self-Regulatory Organizations; BATS The Exchange proposes to list and NASDAQ–2016–014 on the subject line. Exchange, Inc.; Notice of Filing of a trade the Shares under BATS Rule Proposed Rule Change to Rule 14.11(i), 14.11(i), which governs the listing and Paper Comments Managed Fund Shares, To List and trading of Managed Fund Shares on the Trade Shares of the SPDR DoubleLine Exchange.3 The Fund will be an actively • Send paper comments in triplicate Short Term Total Return Tactical ETF managed fund. The Shares will be to Secretary, Securities and Exchange of the SSgA Active Trust offered by the Trust, which was Commission, 100 F Street NE., established as a Massachusetts business Washington, DC 20549–1090. February 8, 2016. trust on March 30, 2011. The Trust is registered with the Commission as an All submissions should refer to File Pursuant to Section 19(b)(1) of the open-end investment company and has Number SR–NASDAQ–2016–014. This Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 filed a registration statement on behalf file number should be included on the of the Fund on Form N–1A subject line if email is used. To help the notice is hereby given that on February 4, 2016, BATS Exchange, Inc. (the (‘‘Registration Statement’’) with the Commission process and review your Commission.4 comments more efficiently, please use ‘‘Exchange’’ or ‘‘BATS’’) filed with the Securities and Exchange Commission only one method. The Commission will Description of the Shares and the Fund (‘‘Commission’’) the proposed rule post all comments on the Commission’s SSGA Funds Management, Inc. will change as described in Items I and II be the investment adviser (‘‘SSGA FM’’ Internet Web site (http://www.sec.gov/ below, which Items have been prepared or ‘‘Adviser’’) to the Fund. The Adviser rules/sro.shtml). Copies of the by the Exchange. The Commission is will serve as the administrator for the submission, all subsequent publishing this notice to solicit Fund (the ‘‘Administrator’’). DoubleLine amendments, all written statements comments on the proposed rule change Capital LP will be the Fund’s sub- with respect to the proposed rule from interested persons. change that are filed with the adviser (‘‘Sub-Adviser’’). State Street Commission, and all written I. Self-Regulatory Organization’s Global Markets, LLC (the ‘‘Distributor’’) communications relating to the Statement of the Terms of Substance of will be the principal underwriter and proposed rule change between the the Proposed Rule Change distributor of the Fund’s Shares. State Commission and any person, other than Street Bank and Trust Company (the The Exchange is proposing a rule ‘‘Sub-Administrator’’, ‘‘Custodian’’, those that may be withheld from the change to list and trade shares of the ‘‘Transfer Agent’’ or ‘‘Lending Agent’’) public in accordance with the SPDRDoubleLine Short Term Total will serve as sub-administrator, provisions of 5 U.S.C. 552, will be Return Tactical ETF (the ‘‘Fund’’) of the custodian, transfer agent, and, where available for Web site viewing and SSgA Active Trust (the ‘‘Trust’’) under applicable, lending agent for the Fund. printing in the Commission’s Public BATS Rule 14.11(i) (‘‘Managed Fund BATS Rule 14.11(i)(7) provides that, if Reference Room, 100 F Street NE., Shares’’). The shares of the Fund are the investment adviser to the Washington, DC 20549, on official collectively referred to herein as the investment company issuing Managed business days between the hours of ‘‘Shares.’’ Fund Shares is affiliated with a broker- 10:00 a.m. and 3:00 p.m. Copies of the The text of the proposed rule change dealer, such investment adviser shall filing also will be available for is available at the Exchange’s Web site erect a ‘‘fire wall’’ between the inspection and copying at Nasdaq’s at www.batstrading.com, at the investment adviser and the broker- principal office. All comments received principal office of the Exchange, and at dealer with respect to access to will be posted without change; the the Commission’s Public Reference information concerning the composition Commission does not edit personal Room. and/or changes to such investment 5 identifying information from II. Self-Regulatory Organization’s company portfolio. In addition, Rule submissions. You should submit only Statement of the Purpose of, and information that you wish to make 3 The Commission approved BATS Rule 14.11(i) Statutory Basis for, the Proposed Rule in Securities Exchange Act Release No. 65225 available publicly. All submissions Change (August 30, 2011), 76 FR 55148 (September 6, 2011) should refer to File Number SR– (SR–BATS–2011–018). NASDAQ–2016–014 and should be In its filing with the Commission, the 4 See Registration Statement on Form N–1A for Exchange included statements submitted on or before March 4, 2016. the Trust, dated October 8, 2015 (File Nos. 333– concerning the purpose of and basis for 173276 and 811–22542). The descriptions of the For the Commission, by the Division of the proposed rule change and discussed Fund and the Shares contained herein are based, in part, on information in the Registration Statement. Trading and Markets, pursuant to delegated any comments it received on the 13 The Commission has issued an order granting authority. proposed rule change. The text of these certain exemptive relief to the Trust under the Robert W. Errett, statements may be examined at the Investment Company Act of 1940 (15 U.S.C. 80a– places specified in Item IV below. The 1) (‘‘1940 Act’’) (the ‘‘Exemptive Order’’). See Deputy Secretary. Investment Company Act Release No. 29524 [FR Doc. 2016–02837 Filed 2–11–16; 8:45 am] Exchange has prepared summaries, set (December 13, 2010) (File No. 812–13487). forth in Sections A, B, and C below, of 5 BILLING CODE 8011–01–P An investment adviser to an open-end fund is the most significant parts of such required to be registered under the Investment statements. Advisers Act of 1940 (the ‘‘Advisers Act’’). As a result, the Adviser and its related personnel as well as the Sub-Adviser and its related personnel are 1 15 U.S.C. 78s(b)(1). subject to the provisions of Rule 204A–1 under the 13 17 CFR [sic] § 200.30–3(a)(12) and (59). 2 17 CFR 240.19b–4. Continued

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14.11(i)(7) further requires that between one and three years. To achieve below, subject to certain limits personnel who make decisions on the its objective, the Fund will invest, under described below. For purposes of this investment company’s portfolio normal circumstances,6 in a diversified filing, Fixed Income Securities are composition must be subject to portfolio of fixed income securities of defined as the following instruments: procedures designed to prevent the use any credit quality subject to certain Securities issued or guaranteed by the and dissemination of material limitations as described further below. U.S. government or its agencies, nonpublic information regarding the The Fund is an actively-managed fund instrumentalities or sponsored applicable investment company that does not seek to replicate the corporations; inflation protected public portfolio. Rule 14.11(i)(7) is similar to performance of a specified index. obligations of the U.S. Treasury BATS Rule 14.11(b)(5)(A)(i), however, The Sub-Adviser will monitor the (‘‘TIPS’’); securities issued or Rule 14.11(i)(7) in connection with the duration of the securities held by the guaranteed by state or local establishment of a ‘‘fire wall’’ between Fund to seek to mitigate exposure to governments or their agencies or the investment adviser and the broker- interest rate risk.7 Under normal instrumentalities (commonly known as dealer reflects the applicable open-end circumstances, the Sub-Adviser will municipal bonds); 8 asset backed fund’s portfolio, not an underlying seek to maintain an investment portfolio securities (‘‘ABS’’) (which include the benchmark index, as is the case with with a weighted average effective following: Agency and non-agency index-based funds. The Adviser and duration between 1 and 3 years. The residential mortgage-backed securities Sub-Adviser are not registered as a duration of the portfolio may vary (‘‘RMBS’’),9 agency and non-agency broker-dealer but the Adviser is materially from its target, from time to commercial mortgage-backed securities affiliated with a broker-dealer and has time. (‘‘CMBS’’), and any other agency and implemented a ‘‘fire wall’’ with respect The Sub-Adviser will actively manage non-agency asset-backed securities to such broker-dealer regarding access to the Fund’s asset class exposure using a (‘‘NAABS’’); 10 collateralized debt information concerning the composition top-down approach based on analysis of obligations (‘‘CDOs’’); collateralized and/or changes to the Fund’s portfolio. sector fundamentals and rotate Fund loan obligations (‘‘CLOs’’); collateralized The Sub-Adviser is not affiliated with a assets among sectors in various markets bond obligations (‘‘CBOs’’); broker-dealer. In the event (a) the to attempt to maximize return. collateralized mortgage obligations Adviser or Sub-Adviser becomes Individual securities within asset (‘‘CMOs’’); and Real Estate Mortgage registered as a broker-dealer or newly classes will be selected using a bottom- Investment Conduits (‘‘REMICs’’) and affiliated with a broker-dealer, or (b) any up approach. Under normal new adviser or sub-adviser is a circumstances, the Sub-Adviser will use 8 Municipal securities are securities issued by registered broker-dealer or becomes states, municipalities and other political a controlled risk approach in managing subdivisions, agencies, authorities and affiliated with a broker-dealer, it will the Fund’s investments. The techniques instrumentalities of states and multi-state agencies implement a fire wall with respect to its of this approach attempt to control the or authorities. The municipal securities which the relevant personnel or broker-dealer principal risk components of the fixed Portfolio Fund may purchase include general affiliate regarding access to information obligation bonds and limited obligation bonds (or income markets and include revenue bonds), including industrial development concerning the composition and/or consideration of: Security selection bonds issued pursuant to former federal tax law. changes to the portfolio, and will be within a given sector; relative General obligation bonds are obligations involving subject to procedures designed to performance of the various market the credit of an issuer possessing taxing power and prevent the use and dissemination of are payable from such issuer’s general revenues and sectors; the shape of the yield curve; not from any particular source. Limited obligation material non-public information and fluctuations in the overall level of bonds are payable only from the revenues derived regarding such portfolio. interest rates. In certain situations or from a particular facility or class of facilities or, in market conditions, the Fund may some cases, from the proceeds of a special excise SPDR DoubleLine Short Term Total or other specific revenue source. Also included Return Tactical ETF temporarily depart from its normal within the general category of municipal securities investment policies and strategies According to the Registration are municipal leases, certificates of participation in provided that the alternative is in the such lease obligations or installment purchase Statement, the Fund will seek to best interest of the Fund. For example, contract obligations. maximize current income with a dollar- 9 the Fund may hold a higher than normal For example, the Fund may invest a substantial weighted average effective duration portion of its assets in U.S. agency mortgage pass- proportion of its assets in cash in times through securities. The term ‘‘U.S. agency mortgage of extreme market stress. pass-through security’’ refers to a category of pass- Advisers Act relating to codes of ethics. This Rule through securities backed by pools of mortgages and requires investment advisers to adopt a code of Principal Holdings issued by one of several U.S. Government- ethics that reflects the fiduciary nature of the relationship to clients as well as compliance with sponsored enterprises: Ginnie Mae, Fannie Mae or The Fund intends to achieve its Freddie Mac. The Fund may seek to obtain other applicable securities laws. Accordingly, investment objective by investing, under procedures designed to prevent the communication exposure to U.S. agency mortgage pass-through and misuse of non-public information by an normal circumstances, at least 80% of securities through the use of ‘‘to-be-announced’’ or investment adviser must be consistent with Rule its net assets in a diversified portfolio of ‘‘TBA transactions.’’ ‘‘TBA’’ refers to a commonly 204A–1 under the Advisers Act. In addition, Rule Fixed Income Securities, as defined used mechanism for the forward settlement of U.S. 206(4)–7 under the Advisers Act makes it unlawful agency mortgage pass-through securities, and not to for an investment adviser to provide investment a separate type of mortgage-backed security. 6 advice to clients unless such investment adviser has The term ‘‘under normal circumstances’’ Transactions in mortgage pass-through securities (i) adopted and implemented written policies and includes, but is not limited to, the absence of may occur through the use of TBA transactions. procedures reasonably designed to prevent extreme volatility or trading halts in the fixed 10 The term NAABS is used by the Fund to violation, by the investment adviser and its income markets or the financial markets generally; describe securities backed by installment contracts, supervised persons, of the Advisers Act and the operational issues causing dissemination of credit-card receivables or other assets but does not Commission rules adopted thereunder; (ii) inaccurate market information; or force majeure include either residential or commercial mortgage- implemented, at a minimum, an annual review type events such as systems failure, natural or man- backed securities. Both asset-backed and regarding the adequacy of the policies and made disaster, act of God, armed conflict, act of commercial mortgage-backed securities represent procedures established pursuant to subparagraph (i) terrorism, riot or labor disruption or any similar interests in ‘‘pools’’ of assets in which payments of above and the effectiveness of their intervening circumstance. both interest and principal on the securities are implementation; and (iii) designated an individual 7 Duration is a measure used to determine the made on a regular basis. NAABS also include (who is a supervised person) responsible for sensitivity of a security’s price to changes in institutionally traded senior floating rate debt administering the policies and procedures adopted interest rates. The longer a security’s duration, the obligations issued by asset-backed pools and other under subparagraph (i) above. more sensitive it will be to changes in interest rates. issues, and interests therein.

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Re-REMICs (which are REMICs that rating organization (‘‘NRSRO’’) or in (such as the London Inter-Bank Offered have been resecuritized) 11); stripped unrated securities that are determined Rate) plus a premium. Bank loans are securities; 12 zero coupon securities; by the Sub-Adviser to be of comparable typically of below investment grade foreign (including emerging markets) quality. quality. Bank loans generally (but not and domestic corporate bonds; The Fund may invest up to 20% of its always) hold the most senior position in sovereign debt; bank loans; 13 preferred net assets in the aggregate in non-agency the capital structure of a borrower and securities; and exchange traded ABS. are often secured with collateral. The products (‘‘ETPs’’) that invest in Fixed The Fund may invest in U.S. Fund may invest in both secured and Income Securities.14 To the extent Government obligations. U.S. unsecured loans. applicable, debt instruments that Government obligations are a type of The Fund may invest in CDOs, CLOs, comprise Fixed Income Securities may bond. U.S. Government obligations CMOs, and CBOs. A CLO is a financing be either fixed rate securities, floating include securities issued or guaranteed company (generally called a Special securities,15 or variable rate securities.16 as to principal and interest by the U.S. Purpose Vehicle or ‘‘SPV’’), created to The Fund intends to invest at least Government, its agencies, reapportion the risk and return 25% of its net assets in mortgage-backed instrumentalities, or sponsored characteristics of a pool of assets. While securities of any maturity or type corporations. The Fund may also invest the assets underlying CLOs are typically guaranteed by, or secured by collateral in TIPS of the U.S. Treasury. TIPS are bank loans, the assets may also include: that is guaranteed by, the United States a type of security issued by a (i) Unsecured loans, (ii) other debt Government, its agencies, government that are designed to provide securities that are rated below instrumentalities or sponsored inflation protection to investors. investment grade, (iii) debt tranches of corporations. The Fund also may invest The Fund may invest in corporate other CLOs, and (iv) equity securities in privately issued mortgage-backed bonds.17 The investment return of incidental to investments in bank loans. securities of any rating assigned by corporate bonds reflects interest on the When investing in CLOs, the Fund will Moody’s Investor Service, Inc. bond and changes in the market value not invest in equity tranches, which are (‘‘Moody’s’’) or Standard & Poor’s Rating of the bond. The market value of a the lowest tranche. However, the Fund Service (‘‘S&P’’) or assigned by any corporate bond may be affected by the may invest in lower debt tranches of other nationally recognized statistical credit rating of the corporation, the CLOs, which typically experience a corporation’s performance and lower recovery, greater risk of loss, or 11 A REMIC is an entity that holds a fixed pool perceptions of the corporation in the deferral or non-payment of interest than of mortgages and issues multiple classes of interests market place. Such corporate bonds may in itself to investors and is treated like a partnership more senior debt tranches of the CLO. for federal income tax purposes with its income be investment grade or may be below In addition, the Fund intends to invest passed through to its interest holders. REMICs hold investment grade. The Fund may invest in CLOs consisting primarily of commercial and residential mortgages in trust and up to 20% of its net assets in corporate individual bank loans of borrowers and issue interests in those mortgages to investors high yield securities (commonly known through bonds or other securities. not repackaged CLO obligations from 12 Stripped securities are securities composed of as ‘‘junk bonds’’). other high risk pools. The underlying the separate income of principal components of a The Fund may invest in sovereign bank loans purchased by CLOs are debt security. For example, stripped mortgage debt. Sovereign debt obligations are generally performing at the time of securities are created when the interest and issued or guaranteed by foreign principal components of a mortgage security are purchase but may become non- separated and sold as individual securities. governments or their agencies. performing, distressed or defaulted. 13 The Fund may invest up to 20% of its portfolio Sovereign debt may be in the form of CLOs with underlying assets of non- in junior bank loans. conventional securities or other types of performing, distressed or defaulted 14 For purposes of this filing, ETPs include those debt instruments such as loans or loan loans are not contemplated to comprise securities described in BATS Rule 14.11. The Fund participations. Sovereign debt may invest in certain ETPs that pay fees to the a significant portion of the Fund’s Adviser and its affiliates for management, obligations may be either investment investments in CLOs. A CBO is a trust marketing or other services. The ETPs all will be grade or below investment grade. which is backed by a diversified pool of listed and traded in the U.S. on national securities The Fund may invest in bank loans, below investment grade fixed income 18 exchanges. While the Fund may invest in inverse which include floating rate loans securities. CMOs are debt obligations ETPs, the Fund will not invest in leveraged or Bank loan interests may be acquired inverse leveraged ETPs (e.g., 2X or 3X). collateralized by mortgage loans or 15 A floating rate security provides for the from U.S. or foreign commercial banks, mortgage pass-through securities. automatic adjustment of its interest rate whenever insurance companies, finance The Fund may purchase exchange- a specified interest rate changes. Interest rates on companies or other financial traded or OTC preferred securities. these securities are ordinarily tied to, and are a institutions that have made loans or are percentage of, a widely recognized interest rate, Preferred securities pay fixed or such as the yield on 90-day US Treasury bills or the members of a lending syndicate or from adjustable rate dividends to investors prime rate of a specified bank. These rates may other holders of loan interests. Bank and have preference over common stock change as often as twice daily. loans typically pay interest at rates in the payment of dividends and the 16 Variable rate securities are instruments issued which are re-determined periodically on liquidation of a company’s assets. or guaranteed by entities such as: (1) The U.S. the basis of a floating base lending rate Government, or an agency or instrumentality The Fund may invest in ETPs that thereof; (2) states, municipalities and other political invest in Fixed Income Securities, subdivisions, agencies, authorities and 17 While the Fund is permitted to invest without which include exchange traded funds instrumentalities of states and multi-state agencies restriction in corporate bonds, the Sub-Adviser expects that, under normal circumstances, the Fund registered under the 1940 Act and or authorities; (3) corporations; (4) financial 19 institutions; (5) insurance companies; or (6) trusts will generally seek to invest in corporate bond exchange traded notes. The Adviser that have a rate of interest subject to adjustment at issuances that have at least $100,000,000 par regular intervals but less frequently than annually. amount outstanding in developed countries and at 19 The Fund may invest up to 20% of its net A variable rate security provides for the automatic least $200,000,000 par amount outstanding in assets in one or more ETPs that are qualified establishment of a new interest rate on set dates. emerging market countries. Further, component publicly traded partnerships (‘‘QPTPs’’) and whose Variable rate obligations whose interest is corporate bonds that in the aggregate account for at principal activities are the buying and selling of readjusted no less frequently than annually will be least 75% of the weight of corporate bonds will commodities or options, futures, or forwards with deemed to have a maturity equal to the period have a minimum original principal outstanding of respect to commodities. Income from QPTPs is remaining until the next readjustment of the $100 million or more. generally qualifying income. A QPTP is an entity interest rate. 18 See supra note 14 [sic]. Continued

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may receive management or other fees The Fund may invest in convertible foreign branches) and similar from the ETPs (‘‘Affiliated ETPs’’) in securities traded on an exchange or institutions; (iv) commercial paper rated which the Fund may invest, as well as OTC. Convertible securities are bonds, at the date of purchase ‘‘Prime-1’’ by a management fee for managing the debentures, notes, or other securities Moody’s or ‘‘A–1’’ by S&P, or if unrated, Fund. that may be converted or exchanged (by of comparable quality as determined by the holder or by the issuer) into shares the Adviser; (v) non-convertible Other Portfolio Holdings of the underlying common stock (or corporate debt securities (e.g., bonds While the Adviser and Sub-Adviser, cash or securities of equivalent value) at and debentures) with remaining under normal circumstances, will invest a stated exchange ratio. maturities at the date of purchase of not at least 80% of the Fund’s net assets in The Fund may lend its portfolio more than 397 days and that satisfy the the instruments described above, the securities in an amount not to exceed rating requirements set forth in Rule 2a– Adviser and Sub-Adviser may invest up 331⁄3% of the value of its total assets via 7 under the 1940 Act; and (vi) short- to 20% of the Fund’s net assets in other a securities lending program through the term U.S. dollar-denominated securities and financial instruments, as Lending Agent, to brokers, dealers and obligations of foreign banks (including described below. other financial institutions desiring to U.S. branches) that, in the opinion of The Fund may invest in repurchase borrow securities to complete the Adviser, are of comparable quality agreements with commercial banks, transactions and for other purposes. A to obligations of U.S. banks which may brokers or dealers to generate income securities lending program allows the be purchased by the Fund. Any of these from its excess cash balances and to Fund to receive a portion of the income instruments may be purchased on a invest securities lending cash collateral. generated by lending its securities and current or a forward-settled basis. Time A repurchase agreement is an agreement investing the respective collateral. The deposits are non-negotiable deposits under which a fund acquires a financial Fund will receive collateral for each maintained in banking institutions for instrument (e.g., a security issued by the loaned security which is at least equal specified periods of time at stated U.S. Government or an agency thereof, to 102% of the market value of that interest rates. Bankers’ acceptances are a banker’s acceptance or a certificate of security, marked to market each trading time drafts drawn on commercial banks deposit) from a seller, subject to resale day. by borrowers, usually in connection to the seller at an agreed upon price and In addition to repurchase agreements, with international transactions. date (normally, the next business day). the Fund may invest in short-term The Fund may conduct foreign The Fund may also enter into reverse instruments, including money market currency transactions on a spot (i.e., repurchase agreements, which involve instruments, (including money market cash) or forward basis (i.e., by entering the sale of securities with an agreement funds advised by the Adviser), cash and into forward contracts to purchase or to repurchase the securities at an cash equivalents, on an ongoing basis to sell foreign currencies). agreed-upon price, date and interest provide liquidity or for other reasons. The Fund may invest in inverse payment and have the characteristics of Money market instruments are generally floating rate debt instruments (‘‘inverse borrowing. The Fund’s exposure to short-term investments that may include floaters’’). Inverse floaters are a type of reverse repurchase agreements will be but are not limited to: (i) Shares of instrument that bears a floating or covered by securities having a value money market funds (including those variable interest rate that moves in the equal to or greater than such advised by the Adviser); (ii) obligations opposite direction to interest rates commitments. Under the 1940 Act, issued or guaranteed by the U.S. generally or the interest rate on another reverse repurchase agreements are government, its agencies or security or index. considered borrowings. The Fund does instrumentalities (including In addition to ETPs that invest in not expect to engage, under normal government-sponsored enterprises); (iii) Fixed Income Securities as described in circumstances, in reverse repurchase negotiable certificates of deposit the Principal Holdings, the Fund may agreements with respect to more than (‘‘CDs’’), bankers’ acceptances, fixed also invest in the securities of other 10% of its net assets. time deposits and other obligations of non-exchange traded investment The Fund may invest in both U.S. and foreign banks (including companies, including affiliated funds exchange-traded and OTC U.S. common and money market funds, subject to stocks. The Fund may also invest in ownership of underlying securities issued by a applicable limitations under Section foreign corporation. For ADRs, the depository is exchange-traded common stocks of typically a U.S. financial institution and the 12(d)(1) of the 1940 Act. foreign corporations. The Fund’s underlying securities are issued by a foreign issuer. The Fund may invest in the securities investments in common stock of foreign For other Depositary Receipts, the depository may of exchange-traded and OTC real estate corporations may also be in the form of be a foreign or a U.S. entity, and the underlying investment trusts (‘‘REITs’’). securities may have a foreign or a U.S. issuer. The Fund may invest up to 20% of its American Depositary Receipts Depositary Receipts will not necessarily be (‘‘ADRs’’), Global Depositary Receipts denominated in the same currency as their assets in the following derivatives: (‘‘GDRs’’) and European Depositary underlying securities. Generally, ADRs, in Exchange-traded futures on Treasuries Receipts (‘‘EDRs’’) (collectively registered form, are designed for use in the U.S. or Eurodollars; U.S. exchange-traded or 20 securities market, and EDRs, in bearer form, are OTC put and call options contracts and ‘‘Depositary Receipts’’). designated for use in European securities markets. GDRs are tradable both in the United States and in OTC or exchange-traded swap that is treated as a partnership for federal income Europe and are designed for use throughout the agreements on Fixed Income Securities tax purposes, subject to certain requirements. If world. The Fund may invest in sponsored or and/or derivatives on indices based on such an ETP fails to qualify as a QPTP, the income unsponsored ADRs; however, not more than 10% Fixed Income Securities 21 (including generated from the Fund’s investment in the ETP of the net assets of the Fund will be invested in may not be qualifying income. Examples of such unsponsored ADRs. All exchange-traded equity interest rate swaps, total return swaps, entities are the PowerShares DB Energy Fund, securities (e.g., exchange traded common stocks and PowerShares DB Oil Fund, PowerShares DB exchange traded preferred securities, Depositary 21 Swap agreements are contracts between parties Precious Metals Fund, PowerShares DB Gold Fund, Receipts, and ETPs and certain other exchange- in which one party agrees to make periodic PowerShares DB Silver Fund, PowerShares DB Base traded investment company securities) in which the payments to the other party based on the change in Metals Fund, and PowerShares DB Agriculture Fund may invest will trade on markets that are market value or level of a specified rate, index or Fund. members of the Intermarket Surveillance Group asset. In return, the other party agrees to make 20 Depositary Receipts are receipts, typically (‘‘ISG’’) or that have entered into a comprehensive payments to the first party based on the return of issued by a bank or trust company, which evidence surveillance agreement with the Exchange. a different specified rate, index or asset.

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excess return swaps, and credit default 1940 Act.25 The Fund will monitor its comparable quality in the opinion of the swaps). The Fund will segregate cash portfolio liquidity on an ongoing basis Sub-Adviser. and/or appropriate liquid assets if to determine whether, in light of current The Fund may invest up to 15% of its required to do so by Commission or circumstances, an adequate level of net assets in securities denominated in Commodity Futures Trading liquidity is being maintained, and will foreign currencies, and may invest Commission (‘‘CFTC’’) regulation or consider taking appropriate steps in beyond this limit in U.S. dollar- interpretation. order to maintain adequate liquidity if, denominated securities of foreign In the case of a credit default swap through a change in values, net assets, issuers. The Fund may invest up to 20% of its net assets in securities and (‘‘CDS’’), the contract gives one party or other circumstances, more than 15% instruments that are economically tied (the buyer) the right to recoup the of the Fund’s net assets are held in to emerging market countries.27 economic value of a decline in the value illiquid assets. Illiquid assets include of debt securities of the reference issuer securities subject to contractual or other Net Asset Value restrictions on resale and other if the credit event (a downgrade or According to the Registration default) occurs. This value is obtained instruments that lack readily available markets as determined in accordance Statement, the net asset value (‘‘NAV’’) by delivering a debt security of the of the Fund’s Shares generally will be reference issuer to the party in return for with Commission staff guidance. The Fund intends to qualify each year calculated once daily Monday through a previously agreed payment from the as a regulated investment company (a Friday as of the close of regular trading other party (frequently, the par value of on the Exchange, generally 4:00 p.m. 22 ‘‘RIC’’) under Subchapter M of the the debt security). Internal Revenue Code of 1986, as Eastern Time (the ‘‘NAV Calculation CDSs may require initial premium amended.26 The Fund will invest its Time’’) on each day that the Exchange (discount) payments as well as periodic assets, and otherwise conduct its is open for trading, based on prices at payments (receipts) related to the operations, in a manner that is intended the NAV Calculation Time. NAV per interest leg of the swap or to the default to satisfy the qualifying income, Share is calculated by dividing the of a reference obligation. The Fund will diversification, and distribution Fund’s net assets by the number of Fund segregate assets necessary to meet any requirements necessary to establish and Shares outstanding. The Fund’s net accrued payment obligations when it is maintain RIC qualification under assets are valued primarily on the basis the buyer of CDSs. In cases where the Subchapter M. of market quotations. Expenses and fees, Fund is a seller of a CDS, if the CDS is The Fund’s investments will be including the management fees, will be physically settled or cash settled, the consistent with its investment objective accrued daily and taken into account for Fund will be required to segregate the and will not be used to seek to achieve purposes of determining NAV. full notional amount of the CDS. Such leveraged or inverse leveraged returns Common stocks and other exchange- segregation will not limit the Fund’s (i.e. two times or three times the Fund’s traded equity securities (including exposure to loss. benchmark). shares of preferred securities, The Fund may also invest in Under normal circumstances, the convertible securities, REITs, and ETPs) Restricted Securities.23 Restricted combined total of corporate, sovereign, generally will be valued at the last Securities are securities that are not non-agency and all other debt rated reported sale price or the official closing registered under the Securities Act, but below investment grade will not exceed price on that exchange where the which can be offered and sold to 40% of the Fund’s net assets. The Sub- security is primarily traded on the day ‘‘qualified institutional buyers’’ under Adviser will strive to allocate below that the valuation is made. Foreign Rule 144A under the Securities Act. investment grade securities broadly by equities and exchange-listed Depositary industry and issuer in an attempt to Receipts will be valued at the last sale Investment Restrictions reduce the impact of negative events on or official closing price on the relevant an industry or issuer. Below investment exchange on the valuation date. If, The Fund may hold up to an aggregate grade securities are instruments that are however, neither the last sale price nor amount of 15% of its net assets in rated BB+ or lower by S&P or Fitch Inc. the official closing price is available on illiquid assets (calculated at the time of or Ba1 or lower by Moody’s or the valuation date, each of these investment), including Restricted equivalent ratings by another registered securities will be valued at either the Securities deemed illiquid by the 24 NRSRO or, if unrated by a NRSRO, of last reported sale price or official Adviser or Sub-Adviser under the closing price as of the close of regular 25 The Commission has stated that long-standing trading of the principal market on 22 The Fund will enter into CDS agreements only Commission guidelines have required open-end which the security is listed. with counterparties that meet certain standards of funds to hold no more than 15% of their net assets Unsponsored ADRs, which are traded creditworthiness. in illiquid securities and other illiquid assets. See 23 ‘‘Restricted Securities,’’ for purposes of this Investment Company Act Release No. 28193 (March in the OTC market, will be valued at the filing, are defined as Rule 144A securities and may 11, 2008), 73 FR 14618 (March 18, 2008), footnote last reported sale price from the OTC include both mortgage-backed and non-mortgage 34. See also, Investment Company Act Release No. Bulletin Board or OTC Link LLC on the 144A securities. To the extent that the Fund’s 5847 (October 21, 1969), 35 FR 19989 (December valuation date. Equity securities traded holding of Restricted Securities include any of the 31, 1970) (Statement Regarding ‘‘Restricted assets subject to limitations described below, such Securities’’); Investment Company Act Release No. OTC will be valued based on price holdings will be subject to those limitations, as 18612 (March 12, 1992), 57 FR 9828 (March 20, applicable. 1992) (Revisions of Guidelines to Form N–1A). A 27 The Fund generally considers an issuer to be 24 In reaching liquidity decisions, the Adviser and fund’s portfolio security is illiquid if it cannot be economically tied to an emerging market country if: Sub-Adviser may consider factors including: The disposed of in the ordinary course of business (i) The issuer is organized under the laws of an frequency of trades and quotes for the security; the within seven days at approximately the value emerging country; (ii) the issuer’s securities are number of dealers wishing to purchase or sell the ascribed to it by the fund. See Investment Company traded principally in an emerging country; or (iii) security and the number of other potential Act Release No. 14983 (March 12, 1986), 51 FR during the issuer’s most recent fiscal year it derived purchasers; dealer undertakings to make a market 9773 (March 21, 1986) (adopting amendments to at least 50% of its revenues, earnings before in the security; the nature of the security and the Rule 2a–7 under the 1940 Act); Investment interest, taxes, depreciation, and amortization, or nature of the marketplace in which it trades (e.g., Company Act Release No. 17452 (April 23, 1990), profits from goods produced or sold by, investments the time needed to dispose of the security, the 55 FR 17933 (April 30, 1990) (adopting Rule 144A made in, or services performed in emerging method of soliciting offers, and the mechanics of under the Securities Act of 1933). countries, or it had at least 50% of its assets in transfer). 26 26 U.S.C. 851. emerging countries.

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quotations obtained from a broker- market valuations are not readily below, or (ii) the cash value of the dealer who makes markets in such available or are deemed unreliable, the Deposit Securities (‘‘Deposit Cash’’) and securities or other equivalent Trust’s procedures require the Oversight the ‘‘Cash Component,’’ computed as indications of value provided by a third- Committee (‘‘Committee’’) to determine described below. When accepting party pricing service. Securities of non- a security’s fair value, in accordance purchases of Creation Units for cash, the exchange traded investment companies with the 1940 Act.28 In determining Fund may incur additional costs will be valued at NAV. Restricted such value the Committee may consider, associated with the acquisition of Securities, repurchase agreements, and among other things, (i) price Deposit Securities that would otherwise reverse repurchase agreements will comparisons among multiple sources, be provided by an in-kind purchaser. generally be valued at bid prices (ii) a review of corporate actions and Together, the Deposit Securities or received from independent pricing news events, and (iii) a review of Deposit Cash, as applicable, and the services as of the announced closing relevant financial indicators (e.g., Cash Component constitute the ‘‘Fund time for trading in such instruments. movement in interest rates and market Deposit,’’ which represents the Spot currency transactions will indices). In these cases, the Fund’s NAV minimum initial and subsequent generally be valued at mid prices may reflect certain portfolio securities’ investment amount for a Creation Unit received from an independent pricing fair values rather than their market of the Fund. The ‘‘Cash Component’’ is service converted into U.S. dollars at prices. an amount equal to the difference current market rates on the date of between the NAV of the Shares (per valuation. Foreign currency forwards Creation and Redemption of Shares Creation Unit) and the market value of normally will be valued on the basis of The NAV of Shares of the Fund will the Deposit Securities or Deposit Cash, quotes obtained from broker-dealers or be determined once each business day, as applicable. If the Cash Component is third party pricing services. normally 4:00 p.m. Eastern time. The a positive number (i.e., the NAV per Listed futures will generally be valued Fund currently anticipates that a Creation Unit exceeds the market value at the settlement price determined by Creation Unit will consist of 50,000 of the Deposit Securities or Deposit the applicable exchange. Listed options Shares, though this number may change Cash, as applicable), the Cash will generally be valued at the last sale from time to time, including prior to the Component shall be such positive price on the applicable exchange. Listed listing of the Fund. The exact number of amount. If the Cash Component is a swaps will be valued on the basis of Shares that will comprise a Creation negative number (i.e., the NAV per quotations or equivalent indication of Unit will be disclosed in the Creation Unit is less than the market value supplied by a third-party pricing Registration Statement of the Fund. The value of the Deposit Securities or service or broker-dealer who makes Trust will issue and sell Shares of the Deposit Cash, as applicable), the Cash markets in such instruments. Non- Fund only in Creation Units on a Component will be such negative exchange traded derivatives, including continuous basis, without a sales load amount and the creator will be entitled OTC-traded options, swaps, and (but subject to transaction fees), at their to receive cash in an amount equal to forwards, will normally be valued on NAV per Share next determined after the Cash Component. The Cash the basis of quotations or equivalent receipt of an order, on any business day, Component serves the function of indication of value supplied by a third- in proper form. Creation and compensating for any differences party pricing service or broker-dealer redemption will typically occur in cash, between the NAV per Creation Unit and who makes markets in such however, the Trust retains discretion to the market value of the Deposit instruments. The Fund’s OTC-traded conduct such transactions on an in-kind Securities or Deposit Cash, as derivative instruments will generally be basis or a combination of cash and inapplicable. valued at bid prices. kind, as further described below. The Custodian, through the National According to the Adviser, U.S. The consideration for purchase of a Securities Clearing Corporation Government obligations; TIPS; Creation Unit of the Fund generally will (‘‘NSCC’’), will make available on each sovereign debt; foreign and domestic consist of either (i) the in-kind deposit business day, prior to the opening of corporate bonds; ABS; TBA of a designated portfolio of securities business on the Exchange, the list of the transactions; inverse floaters and bank (the ‘‘Deposit Securities’’) per each names and the required amount of each loans; stripped securities; zero coupon Creation Unit and the Cash Component Deposit Security or the required amount securities; and short-term instruments (defined below), computed as described of Deposit Cash, as applicable, to be will generally be valued at bid prices included in the current Fund Deposit received from independent pricing 28 If a security’s market price is not readily (based on information at the end of the services as of the announced closing available or is deemed unreliable, the security will previous business day) for the Fund. time for trading in such instruments in be valued by another method that the Board Such Fund Deposit is subject to any the respective market. In determining believes will better reflect fair value in accordance with the Trust’s valuation policies and procedures applicable adjustments as described in the value of such instruments, pricing and in accordance with the 1940 Act. The Board the Registration Statement, in order to services determine valuations for has delegated the process of valuing securities for effect purchases of Creation Units of the normal institutional-size trading units of which market quotations are not readily available Fund until such time as the next- such securities using valuation models or are deemed unreliable to the Committee. The announced composition of the Deposit Committee, subject to oversight by the Board, may or matrix pricing, which incorporates use fair value pricing in a variety of circumstances, Securities or the required amount of yield and/or price with respect to bonds including but not limited to, situations when Deposit Cash, as applicable, is made that are considered comparable in trading in a security has been suspended or halted. available. characteristics such as rating, interest Accordingly, the Fund’s NAV may reflect certain Shares may be redeemed only in securities’ fair values rather than their market rate and maturity date and quotations prices. Fair value pricing involves subjective Creation Units at their NAV next from securities dealers to determine judgments and it is possible that the fair value determined after receipt of a redemption current value. Investments having a determination for a security is materially different request in proper form by the Fund maturity of 60 days or less are generally than the value that could be received on the sale through the Transfer Agent and only on of the security. The Committee has implemented valued at amortized cost. procedures designed to prevent the use and a business day. According to the Registration dissemination of material, non-public information With respect to the Fund, the Statement, in the event that current regarding the Fund. Custodian, through the NSCC, will make

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available immediately prior to the be downloaded. The Web site will In addition, for the Fund, an opening of business on the Exchange include additional quantitative estimated value, defined in BATS Rule (9:30 a.m. Eastern time) on each information updated on a daily basis, 14.11(i)(3)(C) as the ‘‘Intraday Indicative business day, the list of the names and including, for the Fund: (1) The prior Value,’’ that reflects an estimated share quantities of the Fund’s portfolio business day’s reported NAV, mid-point intraday value of the Fund’s portfolio, securities that will be applicable of the bid/ask spread at the time of will be disseminated. Moreover, the (subject to possible amendment or calculation of such NAV (the ‘‘Bid/Ask Intraday Indicative Value will be based correction) to redemption requests Price’’),30 daily trading volume, and a upon the current value for the received in proper form on that day calculation of the premium and components of the Disclosed Portfolio (‘‘Fund Securities’’). Fund Securities discount of the Bid/Ask Price against and will be updated and widely received on redemption may not be the NAV; and (2) data in chart format disseminated by one or more major identical to Deposit Securities. displaying the frequency distribution of market data vendors at least every 15 Redemption proceeds for a Creation discounts and premiums of the daily seconds during the Exchange’s Regular Unit will be paid either in-kind or in Bid/Ask Price against the NAV, within Trading Hours.33 In addition, the cash or a combination thereof, as appropriate ranges, for each of the four quotations of certain of the Fund’s determined by the Trust. With respect to previous calendar quarters. Daily holdings may not be updated during in-kind redemptions of the Fund, trading volume information for the U.S. trading hours if such holdings do redemption proceeds for a Creation Unit Shares will also be available in the not trade in the United States or if will consist of Fund Securities as financial section of newspapers, through updated prices cannot be ascertained. announced by the Custodian on the subscription services such as The dissemination of the Intraday business day of the request for Bloomberg, Thomson Reuters, and Indicative Value, together with the redemption received in proper form International Data Corporation, which Disclosed Portfolio, will allow investors plus cash in an amount equal to the can be accessed by authorized to determine the value of the underlying difference between the NAV of the participants and other investors, as well portfolio of the Fund on a daily basis Shares being redeemed, as next as through other electronic services, and provide a close estimate of that determined after a receipt of a request including major public Web sites. On value throughout the trading day. in proper form, and the value of the each business day, before The intra-day, closing, and settlement Fund Securities (the ‘‘Cash Redemption commencement of trading in Shares prices of exchange-listed instruments Amount’’), less a fixed redemption during Regular Trading Hours 31 on the (including exchange traded Depositary transaction fee and any applicable Exchange, the Fund will disclose on its Receipts, preferred securities, additional variable charge as set forth in Web site the identities and quantities of convertible securities, common stock, futures, ETPs, and QPTPs) will be the Registration Statement. In the event the portfolio of securities and other readily available from the exchanges that the Fund Securities have a value assets (the ‘‘Disclosed Portfolio’’) held trading such instruments as well as greater than the NAV of the Shares, a by the Fund that will form the basis for automated quotation systems, published compensating cash payment equal to the the Fund’s calculation of NAV at the or other public sources, or online differential will be required to be made end of the business day.32 The Disclosed information services such as Bloomberg by or through an authorized participant Portfolio will include, as applicable: or Reuters. Intraday and closing price by the redeeming shareholder. The ticker symbol; CUSIP number or information for exchange-traded options Notwithstanding the foregoing, at the other identifier, if any; a description of Trust’s discretion, an authorized and futures will be available from the the holding (including the type of participant may receive the applicable exchange and from major holding, such as the type of swap); the corresponding cash value of the market data vendors. In addition, price identity of the security, commodity, securities in lieu of the in-kind information for U.S. exchange-traded index or other asset or instrument securities value representing one or options will be available from the underlying the holding, if any; for more Fund Securities.29 Options Price Reporting Authority. The creation/redemption order cut-off options, the option strike price; quantity Quotation information from brokers and time for the Fund is expected to be 4:00 held (as measured by, for example, par dealers or pricing services will be p.m. Eastern time. Creation/redemption value, notional value or number of available for Fixed Income Securities. order cut-off times may be earlier on any shares, contracts, or units); maturity Price information regarding spot day that the Securities Industry and date, if any; coupon rate, if any; currency transactions and OTC-traded Financial Markets Association effective date, if any; market value of the derivative instruments, including (‘‘SIFMA’’) (or applicable exchange or holding; and the percentage weighting options, swaps, and forward currency market on which the Fund’s of the holding in the Fund’s portfolio. transactions, as well as equity securities investments are traded) announces an The Web site and information will be traded in the OTC market, including early closing time. On days when the publicly available at no charge. Restricted Securities, inverse floaters, Exchange closes earlier than normal, the short-term instruments, OTC-traded Fund may require orders for Creation 30 The Bid/Ask Price of the Fund will be preferred securities, OTC-traded ADRs, determined using the midpoint of the highest bid Units to be placed earlier in the day. and the lowest offer on the Exchange as of the time and OTC-traded convertible securities, is available from major market data Availability of Information of calculation of the Fund’s NAV. The records relating to Bid/Ask Prices will be retained by the vendors. Repurchase and reverse The Fund’s Web site, which will be Fund and its service providers. repurchase agreements will generally be publicly available prior to the public 31 Regular Trading Hours are 9:30 a.m. to 4:00 available through nationally recognized offering of Shares, will include a form p.m. Eastern Time. 32 Under accounting procedures to be followed by data service providers through of the prospectus for the Fund that may the Fund, trades made on the prior business day subscription arrangements. (‘‘T’’) will be booked and reflected in NAV on the 29 The Adviser represents that, to the extent that current business day (‘‘T+1’’). Accordingly, the 33 Currently, it is the Exchange’s understanding the Trust permits or requires a ‘‘cash in lieu’’ Fund will be able to disclose at the beginning of the that several major market data vendors display and/ amount, such transactions will be effected in the business day the portfolio that will form the basis or make widely available Intraday Indicative Values same or equitable manner for all Authorized for the NAV calculation at the end of the business published via the Consolidated Tape Association Participants. day. (‘‘CTA’’) or other data feeds.

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Information regarding market price Exchange has appropriate rules to Exchange members with respect to and volume of the Shares will be facilitate transactions in the Shares recommending transactions in the continually available on a real-time during all trading sessions. As provided Shares to customers; (3) how basis throughout the day on brokers’ in BATS Rule 14.11(i)(2)(C), the information regarding the Intraday computer screens and other electronic minimum price variation for quoting Indicative Value and the Disclosed services. The previous day’s closing and entry of orders in Managed Fund Portfolio is disseminated; (4) the risks price and trading volume information Shares traded on the Exchange is $0.01. involved in trading the Shares during for the Shares will be published daily in the Pre-Opening 36 and After Hours Surveillance the financial section of newspapers. Trading Sessions 37 when an updated Quotation and last sale information for The Exchange believes that its Intraday Indicative Value will not be the Shares will be available on the surveillance procedures are adequate to calculated or publicly disseminated; (5) facilities of the CTA. Information properly monitor the trading of the the requirement that members deliver a regarding U.S. exchange-listed equities Shares on the Exchange during all prospectus to investors purchasing will also be available on the facilities of trading sessions and to deter and detect newly issued Shares prior to or the CTA. violations of Exchange rules and the concurrently with the confirmation of a applicable federal securities laws. Initial and Continued Listing transaction; and (6) trading information. Trading of the Shares through the In addition, the Information Circular The Shares will be subject to BATS Exchange will be subject to the will advise members, prior to the Rule 14.11(i), which sets forth the initial Exchange’s surveillance procedures for commencement of trading, of the and continued listing criteria applicable derivative products, including Managed prospectus delivery requirements to Managed Fund Shares. The Exchange Fund Shares. The Exchange may obtain applicable to the Fund. Members represents that, for initial and continued information regarding trading in the purchasing Shares from the Fund for listing, the Fund must be in compliance Shares and the underlying shares in resale to investors will deliver a 34 with Rule 10A–3 under the Act. A exchange traded investment companies, prospectus to such investors. The minimum of 100,000 Shares will be equity securities, futures, and options Information Circular will also discuss outstanding at the commencement of via the ISG, from other exchanges who any exemptive, no-action, and trading on the Exchange. The Exchange are members or affiliates of the ISG, or interpretive relief granted by the will obtain a representation from the with which the Exchange has entered Commission from any rules under the issuer of the Shares that the NAV per into a comprehensive surveillance Act. Share will be calculated daily and that sharing agreement.35 In addition, the In addition, the Information Circular the NAV and the Disclosed Portfolio Exchange is able to access, as needed, will reference that the Fund is subject will be made available to all market trade information for certain fixed to various fees and expenses described participants at the same time. income instruments reported to FINRA’s in the Registration Statement. The Trading Halts Trade Reporting and Compliance Engine Information Circular will also disclose (‘‘TRACE’’). FINRA also can access data the trading hours of the Shares of the With respect to trading halts, the obtained from the Municipal Securities Fund and the applicable NAV Exchange may consider all relevant Rulemaking Board (‘‘MSRB’’) relating to Calculation Time for the Shares. The factors in exercising its discretion to municipal bond trading activity for Information Circular will disclose that halt or suspend trading in the Shares of surveillance purposes in connection information about the Shares of the the Fund. The Exchange will halt with trading in the Shares. The Fund will be publicly available on the trading in the Shares under the Exchange prohibits the distribution of Fund’s Web site. In addition, the conditions specified in BATS Rule material non-public information by its Information Circular will reference that 11.18. Trading may be halted because of employees. the Trust is subject to various fees and market conditions or for reasons that, in expenses described in the Fund’s the view of the Exchange, make trading Information Circular Registration Statement. in the Shares inadvisable. These may Prior to the commencement of include: (1) The extent to which trading trading, the Exchange will inform its 2. Statutory Basis is not occurring in the securities and/or members in an Information Circular of The Exchange believes that the the financial instruments composing the the special characteristics and risks proposal is consistent with Section 6(b) Disclosed Portfolio of the Fund; or (2) associated with trading the Shares. of the Act 38 in general and Section whether other unusual conditions or Specifically, the Information Circular 6(b)(5) of the Act 39 in particular in that circumstances detrimental to the will discuss the following: (1) The it is designed to prevent fraudulent and maintenance of a fair and orderly procedures for purchases and manipulative acts and practices, to market are present. Trading in the redemptions of Shares in Creation Units promote just and equitable principles of Shares also will be subject to Rule (and that Shares are not individually trade, to foster cooperation and 14.11(i)(4)(B)(iv), which sets forth redeemable); (2) BATS Rule 3.7, which coordination with persons engaged in circumstances under which Shares of imposes suitability obligations on facilitating transactions in securities, to the Fund may be halted. remove impediments to and perfect the Trading Rules 35 For a list of the current members and affiliate mechanism of a free and open market members of ISG, see www.isgportal.com. The The Exchange deems the Shares to be Exchange notes that not all components of the and a national market system and, in equity securities, thus rendering trading Disclosed Portfolio for the Fund may trade on general, to protect investors and the markets that are members of ISG or with which the public interest. in the Shares subject to the Exchange’s Exchange has in place a comprehensive existing rules governing the trading of surveillance sharing agreement. The Exchange also 36 equity securities. BATS will allow notes that all of the exchange-listed investment The Pre-Opening Session is from 8:00 a.m. to 9:30 a.m. Eastern Time. trading in the Shares from 8:00 a.m. company securities, common stocks, preferred securities, futures, and options will trade on 37 The After Hours Trading Session is from 4:00 until 5:00 p.m. Eastern Time. The markets that are a member of ISG or with which the p.m. to 5:00 p.m. Eastern Time. Exchange has in place a comprehensive 38 15 U.S.C. 78f. 34 See 17 CFR 240.10A–3. surveillance sharing agreement. 39 15 U.S.C. 78f(b)(5).

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The Exchange believes that the income instruments reported to FINRA’s portfolio liquidity on an ongoing basis proposed rule change is designed to TRACE. FINRA also can access data to determine whether, in light of current prevent fraudulent and manipulative obtained from the MSRB relating to circumstances, an adequate level of acts and practices in that the Shares will municipal bond trading activity for liquidity is being maintained, and will be listed and traded on the Exchange surveillance purposes in connection consider taking appropriate steps in pursuant to the initial and continued with trading in the Shares. order to maintain adequate liquidity if, listing criteria in BATS Rule 14.11(i). According to the Registration through a change in values, net assets, The Exchange believes that its Statement, the Fund intends to achieve or other circumstances, more than 15% surveillance procedures are adequate to its investment objective by investing, of the Fund’s net assets are held in properly monitor the trading of the under normal circumstances, at least illiquid assets. Illiquid assets include Shares on the Exchange during all 80% of its net assets in a diversified securities subject to contractual or other trading sessions and to deter and detect portfolio of Fixed Income Securities of restrictions on resale and other violations of Exchange rules and the any credit quality. The Fund’s instruments that lack readily available applicable federal securities laws. If the investments will be consistent with the markets as determined in accordance investment adviser to the investment Fund’s investment objective and will with Commission staff guidance. company issuing Managed Fund Shares not be used to achieve leveraged or The proposed rule change is designed is affiliated with a broker-dealer, such inverse leveraged returns, as stated to promote just and equitable principles investment adviser to the investment above. While the Fund is permitted to of trade and to protect investors and the company shall erect a ‘‘fire wall’’ invest without restriction in corporate public interest in that the Exchange will between the investment adviser and the bonds, the Sub-Adviser expects that, obtain a representation from the issuer broker-dealer with respect to access to under normal circumstances, the Fund of the Shares that the NAV per Share information concerning the composition will generally seek to invest in corporate will be calculated daily and that the and/or changes to such investment bond issuances that have at least NAV and the Disclosed Portfolio will be company portfolio. The Adviser is not a $100,000,000 par amount outstanding in made available to all market registered broker-dealer, but is affiliated developed countries and at least participants at the same time. In with a broker-dealer and has $200,000,000 par amount outstanding in addition, a large amount of information implemented a ‘‘fire wall’’ with respect emerging market countries. is publicly available regarding the Fund to such broker-dealer regarding access to In addition to the holdings in Fixed and the Shares, thereby promoting information concerning the composition Income Securities described above as market transparency. Moreover, the and/or changes to the Fund’s portfolio. part of the Fund’s principal investment Intraday Indicative Value will be In the event (a) the Adviser or Sub- strategy, the Fund may also, to a limited disseminated by one or more major Adviser becomes registered as a broker- extent (under normal circumstances, market data vendors at least every 15 dealer or newly affiliated with a broker- less than 20% of the Fund’s net assets) seconds during Regular Trading Hours. dealer, or (b) any new adviser or sub- and as further described above, engage On each business day, before adviser is a registered broker-dealer or in transactions in the following: commencement of trading in Shares becomes affiliated with a broker-dealer, Repurchase agreements, reverse during Regular Trading Hours, the Fund it will implement a fire wall with repurchase agreements, U.S. common will disclose on its Web site the respect to its relevant personnel or stocks, exchange-traded foreign Disclosed Portfolio that will form the broker-dealer affiliate regarding access common stocks, Depositary Receipts, basis for the Fund’s calculation of NAV to information concerning the convertible securities, securities at the end of the business day. Pricing composition and/or changes to the lending, short-term instruments, foreign information will be available on the portfolio, and will be subject to currency transactions, inverse floaters, Fund’s Web site including: (1) The prior procedures designed to prevent the use the securities of other investment business day’s reported NAV, the Bid/ and dissemination of material non- companies, REITs, Restricted Securities, Ask Price of the Fund, and a calculation public information regarding such and certain options, futures, and swaps. of the premium and discount of the Bid/ portfolio. The Exchange may obtain The Fund may hold up to an aggregate Ask Price against the NAV; and (2) data information regarding trading in the amount of 15% of its net assets in in chart format displaying the frequency Shares and the underlying shares in illiquid assets (calculated at the time of distribution of discounts and premiums exchange traded investment companies, investment), including Restricted of the daily Bid/Ask Price against the equity securities, futures, and options Securities deemed illiquid by the NAV, within appropriate ranges, for via the ISG, from other exchanges who Adviser or Sub-Adviser 41 under the each of the four previous calendar are members or affiliates of the ISG, or 1940 Act.42 The Fund will monitor its quarters. Additionally, information with which the Exchange has entered regarding market price and trading of into a comprehensive surveillance 41 In reaching liquidity decisions, the Adviser and the Shares will be continually available sharing agreement.40 In addition, the Sub-Adviser may consider factors including: The on a real-time basis throughout the day Exchange is able to access, as needed, frequency of trades and quotes for the security; the number of dealers wishing to purchase or sell the on brokers’ computer screens and other trade information for certain fixed security and the number of other potential purchasers; dealer undertakings to make a market 31, 1970) (Statement Regarding ‘‘Restricted 40 For a list of the current members and affiliate in the security; the nature of the security and the Securities’’); Investment Company Act Release No. members of ISG, see www.isgportal.com. The nature of the marketplace in which it trades (e.g., 18612 (March 12, 1992), 57 FR 9828 (March 20, Exchange notes that not all components of the the time needed to dispose of the security, the 1992) (Revisions of Guidelines to Form N–1A). A Disclosed Portfolio for the Fund may trade on method of soliciting offers, and the mechanics of fund’s portfolio security is illiquid if it cannot be markets that are members of ISG or with which the transfer). disposed of in the ordinary course of business Exchange has in place a comprehensive 42 The Commission has stated that long-standing within seven days at approximately the value surveillance sharing agreement. The Exchange also Commission guidelines have required open-end ascribed to it by the fund. See Investment Company notes that all of the exchange-listed investment funds to hold no more than 15% of their net assets Act Release No. 14983 (March 12, 1986), 51 FR company securities, common stocks, preferred in illiquid securities and other illiquid assets. See 9773 (March 21, 1986) (adopting amendments to securities, futures, and options will trade on Investment Company Act Release No. 28193 (March Rule 2a-7 under the 1940 Act); Investment markets that are a member of ISG or with which the 11, 2008), 73 FR 14618 (March 18, 2008), footnote Company Act Release No. 17452 (April 23, 1990), Exchange has in place a comprehensive 34. See also, Investment Company Act Release No. 55 FR 17933 (April 30, 1990) (adopting Rule 144A surveillance sharing agreement. 5847 (October 21, 1969), 35 FR 19989 (December under the Securities Act of 1933).

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electronic services, and quotation and available through nationally recognized (B) institute proceedings to determine last sale information for the Shares will data service providers through whether the proposed rule change be available on the facilities of the CTA. subscription arrangements. should be disapproved. The Web site for the Fund will include The proposed rule change is designed IV. Solicitation of Comments a form of the prospectus for the Fund to perfect the mechanism of a free and and additional data relating to NAV and open market and, in general, to protect Interested persons are invited to other applicable quantitative investors and the public interest in that submit written data, views and information. Trading in Shares of the it will facilitate the listing and trading arguments concerning the foregoing, Fund will be halted under the of an additional type of actively- including whether the proposal is conditions specified in BATS Rule managed exchange-traded product that consistent with the Act. Comments may 11.18. Trading may also be halted will enhance competition among market be submitted by any of the following because of market conditions or for participants, to the benefit of investors methods: reasons that, in the view of the and the marketplace. As noted above, Exchange, make trading in the Shares the Exchange has in place surveillance Electronic Comments inadvisable. Finally, trading in the procedures relating to trading in the • Shares will be subject to BATS Rule Shares and may obtain information via Use the Commission’s Internet 14.11(i)(4)(B)(iv), which sets forth ISG from other exchanges that are comment form (http://www.sec.gov/ circumstances under which Shares of members of ISG or with which the rules/sro.shtml); or the Fund may be halted. In addition, the Exchange has entered into a • Send an email to rule-comments@ Exchange is able to access, as needed, comprehensive surveillance sharing sec.gov. Please include File No. SR– trade information for certain fixed agreement. In addition, as noted above, BATS–2016–04 on the subject line. income instruments reported to FINRA’s investors will have ready access to TRACE. FINRA also can access data information regarding the Fund’s Paper Comments obtained from the MSRB relating to holdings, the Intraday Indicative Value, • Send paper comments in triplicate municipal bond trading activity for the Disclosed Portfolio, and quotation to Secretary, Securities and Exchange surveillance purposes in connection and last sale information for the Shares. Commission, 100 F Street NE., with trading in the Shares. As noted For the above reasons, the Exchange Washington, DC 20549–1090. above, investors will also have ready believes that the proposed rule change access to information regarding the is consistent with the requirements of All submissions should refer to File No. Fund’s holdings, the Intraday Indicative Section 6(b)(5) of the Act. SR–BATS–2016–04. This file number Value, the Disclosed Portfolio, and should be included on the subject line quotation and last sale information for (B) Self-Regulatory Organization’s Statement on Burden on Competition if email is used. To help the the Shares. Commission process and review your The intra-day, closing, and settlement The Exchange does not believe that comments more efficiently, please use prices of exchange-listed instruments the proposed rule change will impose only one method. The Commission will (including exchange traded Depositary any burden on competition that is not post all comments on the Commission’s Receipts, preferred securities, necessary or appropriate in furtherance Internet Web site (http://www.sec.gov/ convertible securities, common stock, of the purpose of the Act. The Exchange rules/sro.shtml). Copies of the futures, ETPs, and QPTPs) will be notes that the proposed rule change will submission, all subsequent readily available from the exchanges facilitate the listing and trading of an amendments, all written statements trading such instruments as well as additional actively-managed exchange- with respect to the proposed rule automated quotation systems, published traded product that will enhance change that are filed with the or other public sources, or online competition among market participants, Commission, and all written information services such as Bloomberg to the benefit of investors and the communications relating to the or Reuters. Intraday and closing price marketplace. proposed rule change between the information for exchange-traded options (C) Self-Regulatory Organization’s Commission and any person, other than and futures will be available from the Statement on Comments on the those that may be withheld from the applicable exchange and from major Proposed Rule Change Received From public in accordance with the market data vendors. In addition, price Members, Participants or Others provisions of 5 U.S.C. 552, will be information for U.S. exchange-traded available for Web site viewing and options will be available from the The Exchange has neither solicited printing in the Commission’s Public Options Price Reporting Authority. nor received written comments on the Reference Room, 100 F Street NE., Quotation information from brokers and proposed rule change. Washington, DC 20549, on official dealers or pricing services will be III. Date of Effectiveness of the business days between the hours of available for Fixed Income Securities. Proposed Rule Change and Timing for 10:00 a.m. and 3:00 p.m. Copies of such Price information regarding spot Commission Action currency transactions and OTC-traded filing will also be available for derivative instruments, including Within 45 days of the date of inspection and copying at the principal options, swaps, and forward currency publication of this notice in the Federal office of the Exchange. All comments transactions, as well as equity securities Register or within such longer period received will be posted without change; traded in the OTC market, including up to 90 days (i) as the Commission may the Commission does not edit personal Restricted Securities, inverse floaters, designate if it finds such longer period identifying information from short-term instruments, OTC-traded to be appropriate and publishes its submissions. You should submit only preferred securities, OTC-traded ADRs, reasons for so finding or (ii) as to which information that you wish to make and OTC-traded convertible securities, the self-regulatory organization available publicly. All submissions is available from major market data consents, the Commission will: should refer to File No. SR–BATS– vendors. Repurchase and reverse (A) by order approve or disapprove 2016–04 and should be submitted on or repurchase agreements will generally be the proposed rule change, or before March 4, 2016.

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For the Commission, by the Division of concerning the purpose of and basis for Rule 8.15 states that the Exchange Trading and Markets, pursuant to delegated the proposed rule change and discussed may appoint, in an option class for 43 authority. any comments it received on the which a DPM has not been appointed, Robert W. Errett, proposed rule change. The text of these one or more Market-Makers in good Deputy Secretary. statements may be examined at the standing as LMMs and Supplemental [FR Doc. 2016–02838 Filed 2–11–16; 8:45 am] places specified in Item IV below. The Market-Makers (‘‘SMMs’’) to participate BILLING CODE 8011–01–P Exchange has prepared summaries, set in opening rotation procedures for forth in sections A, B, and C below, of Hybrid 3.0 classes and/or to determine the most significant aspects of such a formula for generating updated market SECURITIES AND EXCHANGE statements. quotations during the trading day. COMMISSION LMM’s in Hybrid 3.0 classes are A. Self-Regulatory Organization’s obligated to quote a firm two-sided [Release No. 34–77081; File No. SR–CBOE– Statement of the Purpose of, and 2016–007] market of sufficient size to Statutory Basis for, the Proposed Rule accommodate a relatively active Self-Regulatory Organizations; Change opening within the bid/ask differential Chicago Board Options Exchange, 1. Purpose requirements determined by the Incorporated; Notice of Filing and Exchange. The Exchange proposes to adopt a Immediate Effectiveness of a Proposed Rule 8.15A states the Exchange may principles-based approach to prohibit Rule Change Relating To Adopting a appoint one or more Market-Makers in the misuse of material, nonpublic Principles-Based Approach To Prohibit good standing with an appointment in information by DPMs and LMMs by the Misuse of Material Nonpublic a Hybrid-Trading system option class deleting Rule 8.91, sub-paragraph (b)(5) Information by Designated Primary for which a DPM has not been of Rule 8.15 and paragraph(b)(vii) of Market-Makers (‘‘DPMs’’) and Lead appointed as LMMs. Much like DPMs Market-Makers (‘‘LMMs’’) Rule 8.15A. In so doing, the Exchange LMMs in Hybrid Classes are subject to would harmonize its rules related to the increased obligations that include February 8, 2016. preventing the misuse of material, providing continuous electronic quotes Pursuant to section 19(b)(1) of the nonpublic information for every Trading that comply with the bid/ask differential Securities Exchange Act of 1934 (the Permit Holder (‘‘TPH’’). The Exchange requirements determined by the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 believes that Rule 8.91, Rule 8.15(b)(5) Exchange. notice is hereby given that on February and Rule 8.15A(b)(vii) are no longer Pursuant to Rules 8.15B and 8.87, the 1, 2016, Chicago Board Options necessary because all TPH, including exchange may establish participation Exchange, Incorporated (the ‘‘Exchange’’ DPMs and LMMs are subject to the entitlements for LMM’s and DPMs or ‘‘CBOE’’) filed with the Securities Exchange’s general principles-based appointed pursuant to the and Exchange Commission (the requirements governing the protection aforementioned Rules. DPM’s and ‘‘Commission’’) the proposed rule against misuse of material, nonpublic LMM’s must meet specific obligations change as described in Items I, II, and information, pursuant to Rule 4.18 prior to being awarded a participation III below, which Items have been (Prevention of the Misuse of Material, entitlements [sic]. prepared by the Exchange. The Nonpublic Information), which obviates Whether operating on the CBOE Exchange filed the proposal as a ‘‘non- the need for separately prescribed Trading Floor or from a remote location, controversial’’ proposed rule change requirements for a subset of market all Market-Makers, including DPMs and pursuant to section 19(b)(3)(A)(iii) of the participants on the Exchange. LMMs, have access to the same Act 3 and Rule 19b–4(f)(6) thereunder.4 Background information in the Consolidated Book The Commission is publishing this that is available to all other market notice to solicit comments on the The Exchange has three classes of participants. Moreover, none of the proposed rule change from interested registered Market-Makers. Pursuant to Exchange’s Market-Makers have agency persons. Rule 8.1, a Market-Maker is an obligations to the Exchange’s Order individual TPH or TPH organization I. Self-Regulatory Organization’s Book. As such, the primary distinctions that is registered with the Exchange for Statement of the Terms of Substance of between Market-Makers and DPMs and the purpose of making transactions as a the Proposed Rule Change LMMs are the increased quoting dealer-specialist on the Exchange. All requirements and allocation The text of the proposed rule change Market-Makers are subject to the entitlements. is available on the Exchange’s Web site requirements of Rule 8.7, which set Despite the fact that Market-Makers, (http://www.cboe.com/AboutCBOE/ forth the obligations of Market-Makers, DPMs and LMMs have access to the CBOELegalRegulatoryHome.aspx), at including quoting activity. same trading information as all other the Exchange’s Office of the Secretary, Rule 8.85 outlines the obligations of market participants on the Exchange, and at the Commission’s Public DPM’s, which, in addition to the the Exchange has distinct rules Reference Room. Market-Maker obligations of Rule 8.7, governing how DPMs and LMMs may II. Self-Regulatory Organization’s must fulfill a number of increased operate. Rule 8.91(a) specifies that a Statement of the Purpose of, and obligations including providing DPM shall maintain information barriers Statutory Basis for, the Proposed Rule continuous electronic quotes, assuring that are reasonably designed to prevent Change that each of the displayed market the misuse of material, nonpublic quotations is honored, and complying information with any affiliates that may In its filing with the Commission, the heightened with bid/ask differential conduct a brokerage business in option Exchange included statements requirements.5 classes allocated to the DPM or act as a

43 17 CFR 200.30–3(a)(12). 5 Compare Rule 8.85(a)(i) (‘‘[Each DPM shall] Market-Maker will be required to maintain 1 15 U.S.C. 78s(b)(1). provide continuous electronic quotes . . . in at continuous electronic quotes . . . in 60% of the 2 17 CFR 240.19b–4. least 99% of the non-adjusted options series or non-adjusted option series of the Market-Maker’s 3 15 U.S.C. 78s(b)(3)(A)(iii). 100% of the non-adjusted option series minus one appointed classes that have a time to expiration of 4 17 CFR 240.19b–4(f)(6). call-put pair . . .’’) with Rule 8.7(d)(ii)(B) (‘‘A less than nine months.’’).

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specialist or market-maker in any derivatives based on such currency, or Trading Floor or remotely, neither security underlying options allocated to in any related commodity, related DPMs nor LMMs on the Exchange have the DPM. Rule 8.91 also requires a DPM commodity futures or options on access to trading information provided provide its information barriers to the commodity futures or in any related by the Exchange, either at, or prior to, Exchange and obtain prior written commodity derivatives, while in the point of execution, that is not made approval. possession of material, nonpublic available to all other market participants Rule 8.15(b)(5) requires LMMs in information concerning that on the Exchange in a similar manner. Hybrid 3.0 classes maintain information corporation, partnership, Trust Issued Further, as noted above, DPMs and barriers that are reasonably designed to Receipts, or those Units, or that trust or LMMs on the Exchange do not have any prevent the misuse of material, similar entities; agency responsibilities for orders in the nonpublic information with any (b) Trading in an underlying security Order Book. Accordingly, because DPMs affiliates that may conduct a brokerage or related options or other derivative and LMMs do not have any trading business in option classes allocated to securities, or in any related non-U.S. advantages at the Exchange due to their the LMM or act as specialist or Market- currency, non-U.S. currency options, market role, the Exchange believes that Maker in any security underlying futures or options on futures on such they should be subject to the same rules options allocated to the LMM. Rule currency, or in any related commodity, regarding the prevention of the misuse 8.15A(b)(vii) similarly requires LMMs in related commodity futures or options on of material, nonpublic information, Hybrid classes maintain information commodity futures or any other related specifically Rule 4.18.6 barriers that are reasonably designed to commodities derivatives, or any other The Exchange notes that its proposed prevent the misuse of material, derivatives based on such currency approach to use a principles-based nonpublic information with any while in possession of material approach to protecting against the affiliates that may conduct a brokerage nonpublic information concerning misuse of material nonpublic business in option classes allocated to imminent transactions in the above; and information for all of its registered the LMM or act as specialist or Market- (c) Disclosing to another person or Market-Makers is consistent with Maker in any security underlying entity any material, nonpublic recently filed rule changes for NYSE options allocated to the LMM. Neither information involving a corporation, MKT, LLC on behalf of NYSE Amex Rule 8.15 nor 8.15A require the prior partnership, Trust Issued Receipts, or Options, International Securities Exchange approval of information Units or a trust or similar entities whose Exchange, LLC (‘‘ISE’’) and BOX barriers outlined in Rule 8.91. shares are publicly traded or an Options Exchange, LLC (‘‘BOX’’).7 The imminent transactions in an underlying Proposed Rule Change proposed approach is also consistent security or related securities or in the with approved rule changes for NYSE The Exchange believes the underlying non-U.S. currency of any Arca Equities Inc. (‘‘NYSE Arca’’), BATS particularized guidelines in Rules, 8.91, related non-U.S. currency options, Exchange Inc. (‘‘BATS’’) and New York 8.15(b)(5) and 8.15A(b)(vii) for DPMs, futures or options on futures on such Stock Exchange, LLC (‘‘NYSE’’) rules LMMs in Hybrid 3.0 classes, and LMMs currency, or any other derivatives based governing cash equity Market-Makers on in Hybrid classes, respectively, are no on such currency, or in any related those respective exchanges.8 Except for longer necessary and proposes to delete commodity, related commodity futures them. Rather, the Exchange believes that or options on commodity futures or any 6 The Exchange notes that by deleting Rule 8.91, Rule 4.18, governing the misuse of other related commodity derivatives, for the Exchange would no longer require specific material, nonpublic information the purpose of facilitating the possible information barriers for DPMs or require pre- provides for an appropriate, principles- approval of any information barriers that a DPM misuse of such material, nonpublic would erect for purposes of protecting against the based approach to prevent the type of information. misuse of material nonpublic information. market abuses Rules 8.91, 8.15(b)(5) and Because DPMs and LMMs are already However, as is the case today with Market-Makers, 8.15A(b)(vii) are designed to address. subject to the requirements of Rule 4.18, information barriers of new entrants, including new Specifically, Rule 4.18 requires every the Exchange does not believe that it is DPMs, would be subject to review as part of a new firm application. Moreover, the policies and TPH shall establish, maintain and necessary to separately require specific procedures of DPMs and LMMs, including those enforce written policies and procedures limitations on dealings between DPMs relating to information barriers, would be subject to reasonably designed, taking into and LMMs and affiliates. Deleting Rules review by FINRA, on behalf of the Exchange, consideration the nature of such TPH’s 8.91, 8.15(b)(5) and 8.15A(b)(vii) would pursuant to a Regulatory Services Agreement. 7 business, to prevent the misuse, in See Securities Exchange Act Release Nos. 75432 provide DPMs and LMMs with the (July 13, 2015), 80 FR 42597 (July 17, 2015) (Order violation of the Exchange Act and flexibility to adapt their policies and Approving Adopting a Principles-Based Approach Exchange Rules, of material, nonpublic procedures as appropriate to reflect to Prohibit the Misuse of Material Nonpublic information by such TPH or persons changes to their business model, Information by Specialists and e-Specialists by associated with such TPH. For the business activities, or the securities Deleting Rule 927.3NY and Section (f) of Rule 927.5NY); 75792 (August 31, 2015), 80 FR 53606 purposes of this Rule, conduct market in a manner similar to how (September 4, 2015) (SR–ISE–2015–26) (Notice of constituting the misuse of material, Market-Makers on the Exchange Filing and Immediate Effectiveness of Proposed nonpublic information in violation of currently operate consistent with Rule Rule Change Adopting a Principles-Based Approach the Exchange Act and Exchange Rules 4.18. to Prohibit the Misuse of Material, non-public Information by Market Makers by Deleting Rule includes, but is not limited to, the As noted above, DPMs and LMMs are 810); 75916 (September 14, 2015), 80 FR 56503 following: distinguished under Exchange Rules (September 18, 2015) (SR–BOX–2015–31) (Notice of (a) Trading in any securities issued by from other types of Market-Makers only Filing and immediate Effectiveness of Proposed a corporation, partnership, Trust Issued to the extent that they have certain Rule Change to Adopt a Principles-based Approach to Prohibit the Misuse of Material Nonpublic Receipts or Units (as defined in heightened obligations and potential Information by Market Makers). Exchange Rules) or a trust or similar allocation entitlements. However, none 8 See Securities Exchange Act Release Nos. 60604 entities, or in any related securities or of these heightened obligations provides (Sept. 2, 2009), 76 FR 46272 (Sept. 8, 2009) (SR– related options or other derivative different or greater access to nonpublic NYSEArca–2009–78) (Order approving elimination of NYSE Arca rule that required market makers to securities, or in any related non-U.S. information than any other market establish and maintain specifically prescribed currency options, futures or options on participant on the Exchange. information barriers, including discussion of NYSE futures on such currency, or any other Specifically, whether on the CBOE Arca and Nasdaq rules) (‘‘Arca Approval Order’’);

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prescribed rules relating to floor-based including hidden or undisplayed orders rules supersede Exchange rules in the designated Market-Makers on the NYSE, and quotes on the Exchange. TPHs do event of any conflicts regarding the who have access to specified nonpublic not expect to receive any additional misuse of material non-public trading information, each of these order or quote information as a result of information. exchanges have moved to a principles- this proposed rule change. The Exchange believes that the based approach to protecting against the Further, the Exchange does not proposed reliance on the principles- misuse of material, nonpublic believe that there will be any material based Rule 4.18 would ensure that a information. In connection with change to TPH information barriers as a TPH that operates a DPM or LMM approving those rule changes, the result of removal of the Exchange’s pre- would be required to protect against the Commission found that eliminating approval requirements for DPMs. In fact, misuse of any material nonpublic redundant information barrier the Exchange anticipates that information. As noted above, Rule 4.18 requirements should not reduce the eliminating the pre-approval already requires that firms refrain from effectiveness of exchange rules requiring requirement should facilitate trading while in possession of material its members or participants to establish implementation of changes to TPH nonpublic information concerning and maintain systems to supervise the information barriers as necessary to imminent transactions in a security or activities of its members, including protect against the misuse of material, related product. The Exchange believes written procedures reasonably designed non-public information. The Exchange that moving to a principles-based to ensure compliance with applicable also suggests that the pre-approval approach rather than prescribing how federal securities law and regulations, requirement is unnecessary because and when to wall off a DPM or LMM and with the rules of the applicable DPMs do not have agency from the rest of the firm would provide exchange.9 responsibilities to the book. However, as TPH operating DPMs or LMMs with The Exchange notes that even with is the case today with market makers, appropriate tools to better manage risk this proposed rule change, pursuant to information barriers of new entrants across a firm, including integrating Rule 4.18, a DPM or LMM would still would be subject to review as part of a options positions with other positions of be obligated to ensure that its policies new firm application. Moreover, the the firm or, as applicable, by the and procedures reflect the current state policies and procedures of market respective independent trading unit. of its business and continue to be makers, including those relating to Specifically, the Exchange believes that reasonably designed to prevent the information barriers would be subject to it is appropriate for risk management misuse of material, nonpublic review by FINRA, on behalf of the purposes for a TPH operating a DPM or information. While information barriers Exchange, pursuant to a Regulatory LMM to be able to consider both DPM/ would not specifically be required Services Agreement. LMM traded-positions for the purposes The Exchange further notes that under under the proposal, Rule 4.18 already of calculating net positions consistent Rule 4.18, a TPH would be able [sic] 12 requires that a TPH consider the nature with Rule 200 of Regulation SHO, would be able to structure its firm to of the TPH’s business in structuring its calculating intra-day net capital provide for its options DPMs or LMMs, policies and procedures, which may positions, and managing risk both as applicable, to be structured with its dictate that an information barrier or a generally as well as in compliance with equities and customer-facing businesses, functional separation be part of the Rule 15c3–5 under the Act (the ‘‘Market provided that any such structuring 13 appropriate set of policies and Access Rule’’). The Exchange notes would be done in a manner reasonably procedures that would be reasonably that any risk management operations designed to protect against the misuse of would need to operate consistent with designed to achieve compliance with material, nonpublic information. For the requirement to protect against the applicable securities law and example, pursuant to Rule 4.18, a DPM misuse of material non-public regulations, and with applicable on the Exchange could be in the same information. Exchange rules. independent trading unit, a defined in The Exchange further notes that if The Exchange is not proposing to Rule 200(f) of Regulation SHO,10 as an DPMs or LMMs are integrated with change what is considered to be equities Market-Maker and other trading other Market-Making operations, they material, non-public information and, desks within the firm, including options would be subject to existing rules that thus does not expect there to be any trading desks, so that the firm could prohibit TPH from disadvantaging their changes to the types of information that share post-trade information to better customers or other market participants an affiliated brokerage business of a manage its risk across related securities. by improperly capitalizing of a TPH market maker could share with such The Exchange believes it is appropriate, organization’s access to the receipt of market maker. In that regard, the and consistent with Rule 4.18 and material nonpublic information. As proposed rule change will not permit section 15(g) of the Act 11 for a firm to such, a TPH organization that integrates the brokerage unit of a TPH firm to have share options position and related its DPM or LMM operations together access to any non-public order or quote hedging position information (e.g., with equity Market-Making, would need information of affiliated market maker, equities, futures, and foreign currency) to protect customer information within a firm to better manage risk on consistent with existing obligations to 61574 (Feb. 23, 2010), 75 FR 9455 (Mar. 2, 2010) (SR–BATS–2010–003) (Order approving a firm-wide basis. The Exchange notes, protect such information. The Exchange amendments to BATS Rule 5.5 to move to a however, that if so structured, a firm has rules prohibiting TPHs from principles-based approach to protecting against the would need to have appropriate policies disadvantaging their customers or other misuse of material, non-public information, and and procedures, including information market participants by improperly noting that the proposed change is consistent with the approaches of NYSE Arca and Nasdaq) (‘‘BATS barriers as applicable, to protect against capitalizing on the TPH’s access to or Approval Order’’); and 72534 (July 3, 2014), 79 FR the misuse of material non-public receipt of material nonpublic 39440 (July 10, 2014), SR–NYSE–2014–12) (Order information, and specifically customer information. For example, Rule 4.24(e) approving amendments to NYSE Rule 98 governing information consistent with Rule 4.18. requires Each TPH shall establish, designated market makers to move to a principles- based approach to prohibit the misuse of material The Exchange further notes that Federal maintain, and enforce written non-public information) (‘‘NYSE Approval Order’’). 9 See, e.g., BATS Approval Order, supra note 4 at 10 17 CFR part 242.200(f). 12 17 CFR part 242.200. 9458. 11 15 U.S.C. 78o(g). 13 17 CFR part 240.15c3–5.

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supervisory procedures reasonably are already subject-Rule 4.18-and procedures as appropriate to reflect designed to prevent and detect harmonizes the rules governing DPMs, changes to their business model, violations of applicable securities laws LMMs and Market-Makers. Moreover, business activities, or to the securities and regulations, and applicable TPH operating DPMs and LMMs would market itself. Moreover, while specified Exchange rules. Additionally Rule 6.9(e) continue to be subject to federal and information barriers may no longer be prevents a TPH or person associated Exchange requirements for protecting required, a TPH’s business model or with a TPH, who has knowledge of all material nonpublic order information.17 business activities may dictate that an material terms and conditions of an The Exchange believes that the information barrier or functional original order and a solicited order, proposed rule change would remove separation be part of the appropriate set including a facilitation order, to enter, impediments to and perfect the of policies and procedures that would based on such knowledge, an order to mechanism of a free and open market be reasonably designed to achieve buy or sell an option of the same class because it would harmonize the compliance with applicable securities as an option that is the subject of the Exchange’s approach to protecting laws and regulations, and with original order, or an order to buy or sell against the misuse of material nonpublic applicable Exchange rules. The the security underlying such class, or an information and no longer subject DPMs Exchange therefore believes that the order to buy or sell any related and LMMs to redundant requirements. proposed rule change will maintain the instrument unless certain circumstances The Exchange does not believe that the existing protection of investors and the are met. existing requirements applicable to public interest that is currently DPMs and LMMs are narrowly tailored applicable to DPM’s and LMM’s, while 2. Statutory Basis to their respective roles because neither at the same time removing impediments The Exchange believes the proposed market participant has access to to and perfecting a free and open market rule change is consistent with the Exchange trading information in a by moving to a principles-based Securities Exchange Act of 1934 (the manner different from any other market approach to protect against the misuse ‘‘Act’’) and the rules and regulations participant on the Exchange and they do of material nonpublic information. thereunder applicable to the Exchange not have agency responsibilities to the B. Self-Regulatory Organization’s and, in particular, the requirements of Order Book. section 6(b) of the Act.14 Specifically, The Exchange further believes the Statement on Burden on Competition the Exchange believes the proposed rule proposal is designed to prevent CBOE does not believe that the change is consistent with the section fraudulent and manipulative acts and proposed rule change will impose any 6(b)(5) 15 requirements that the rules of practices and to promote just and burden on competition that is not an exchange be designed to prevent equitable principles of trade because necessary or appropriate in furtherance fraudulent and manipulative acts and existing rules make clear to all TPH the of the purposes of the Act. To the practices, to promote just and equitable type of conduct that is prohibited by the contrary, the Exchange believes that the principles of trade, to foster cooperation Exchange. While the proposal proposal will enhance competition by and coordination with persons engaged eliminates certain requirements relating allowing DPMs and LMMs to comply in regulating, clearing, settling, to the misuse of material nonpublic with applicable Exchange rules in a processing information with respect to, information, DPMs, LMMs and all other manner best suited to their business and facilitating transactions in TPH would remain subject to existing models, business activities and the securities, to remove impediments to Exchange rules requiring them to securities markets, thus reducing and perfect the mechanism of a free and establish and maintain systems to regulatory burdens while still ensuring open market and a national market supervise their activities, and to create, compliance with applicable securities system, and, in general, to protect implement, and maintain written laws and regulations and Exchange investors and the public interest. procedures that are reasonably designed rules. The Exchange believes that the Additionally, the Exchange believes the to comply with applicable securities proposal will foster a fair and orderly proposed rule change is consistent with laws and Exchange rules, including the marketplace without being overly the section 6(b)(5) 16 requirement that prohibition on the misuse of material burdensome upon DPMs and LMMs. the rules of an exchange not be designed nonpublic information. Moreover, the Exchange believes that to permit unfair discrimination between The Exchange notes that the proposed the proposed rule change would customers, issuers, brokers, or dealers. rule change would still require that a eliminate a burden on competition for In particular, the Exchange believes TPH operating DPMs and LMMs TPH which currently exists as a result that the proposed rule change would maintain and enforce policies and of disparate rule treatment between the remove impediments to and perfect the procedures designed to ensure options and equities markets regarding mechanism of a free and open market by compliance with applicable federal how to protect against the misuse of adopting a principles-based approach to securities laws and regulations and with material, nonpublic information. For permit a TPH operating a DPM or LMM Exchange rules. Even thought there those TPH that are also members of to maintain and enforce policies and would no longer be pre-approval of equities exchanges their respective procedures to, among other things, DPM information barriers, and DPM or equity Market-Maker operations are now prohibit the misuse of material LMM written policies and procedures subject to a principles-based approach nonpublic information. The proposed would continue to be subject to to protecting against the misuse of rule change would further eliminate oversight by the Exchange and therefore material nonpublic information. The restrictions on how a TPH structures its the elimination of specific restrictions Exchange believes it would remove a DPM and LMM operations. The should not reduce the effectiveness of burden on competition to enable TPH to Exchange notes that the proposed rule the Exchange rules to protect against the similarly apply a principles-based change is based on an approved rule of misuse of material nonpublic approach to protecting against the the Exchange to which DPMs and LMMs information. Rather, TPH will be able to misuse of material nonpublic utilize a flexible, principles-based information in the options space. To 14 15 U.S.C. 78f(b). approach to modify their policies and this end, the Exchange notes that Rule 15 15 U.S.C. 78f(b)(5). 4.18 still requires a TPH that operates as 16 Id. 17 See 15 U.S.C. 78o(g) and Rule 4.18. a Market-Maker on the Exchange,

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including a DPM or LMM, to evaluate • Send an email to rule-comments@ SECURITIES AND EXCHANGE its business to assure that its policies sec.gov. Please include File Number SR– COMMISSION and procedures are reasonably designed CBOE–2016–007 on the subject line. [Release No. 34–77079; File No. SR–ICC– to protect against the misuse of material, 2016–002] non-public information. However, with Paper Comments this proposed rule change, a TPH that • Send paper comments in triplicate Self-Regulatory Organizations; ICE trades equities and options could look at to Secretary, Securities and Exchange Clear Credit LLC; Notice of Filing, as its firm more holistically to structure its Commission, 100 F Street NE., Modified by Amendment No. 1 Thereto, operations in a manner that provides it Washington, DC 20549–1090. of Proposed Rule Change To Provide with better tools to manage risks across for the Clearance of Certain Asia- multiple security classes, while at the All submissions should refer to File Pacific Credit Default Swap Contracts same time protecting against the misuse Number SR–CBOE–2016–007. This file of material nonpublic information. number should be included on the February 8, 2016. subject line if email is used. To help the Pursuant to Section 19(b)(1) of the C. Self-Regulatory Organization’s Securities Exchange Act of 1934 Commission process and review your Statement on Comments on the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 comments more efficiently, please use Proposed Rule Change Received From notice is hereby given that on January Members, Participants, or Others only one method. The Commission will 27, 2016, ICE Clear Credit LLC (‘‘ICC’’) post all comments on the Commission’s The Exchange neither solicited nor filed with the Securities and Exchange Internet Web site (http://www.sec.gov/ Commission (‘‘Commission’’) a received comments on the proposed rules/sro.shtml). Copies of the rule change. proposed rule change to adopt new submission, all subsequent rules that will provide the basis for ICC III. Date of Effectiveness of the amendments, all written statements to clear certain Asia-Pacific credit Proposed Rule Change and Timing for with respect to the proposed rule default swap (‘‘CDS’’) contracts, as Commission Action change that are filed with the described in Items I, II, and III below, Because the foregoing proposed rule Commission, and all written which Items have been prepared change does not: communications relating to the primarily by ICC. On January 29, 2016, ICC filed Amendment No. 1 to the A. Significantly affect the protection proposed rule change between the proposal.3 The Commission is of investors or the public interest; Commission and any person, other than those that may be withheld from the publishing this notice, as modified by B. impose any significant burden on Amendment No. 1, to solicit comments competition; and public in accordance with the provisions of 5 U.S.C. 552, will be on the proposed rule change, from C. become operative for 30 days from interested persons. the date on which it was filed, or such available for Web site viewing and shorter time as the Commission may printing in the Commission’s Public I. Self-Regulatory Organization’s designate, it has become effective Reference Room, 100 F Street NE., Statement of the Terms of Substance of pursuant to section 19(b)(3)(A) of the Washington, DC 20549 on official the Proposed Rule Change Act 18 and Rule 19b–4(f)(6) 19 business days between the hours of ICC is proposing an amendment to its thereunder. At any time within 60 days 10:00 a.m. and 3:00 p.m. Copies of the previously submitted proposed rule of the filing of the proposed rule change, filing also will be available for change to adopt new rules that will the Commission summarily may inspection and copying at the principal provide the basis for ICC to clear certain temporarily suspend such rule change if office of the Exchange. All comments Asia-Pacific CDS contracts. Specifically, it appears to the Commission that such received will be posted without change; ICC proposed to amend Chapter 26 of action is necessary or appropriate in the the Commission does not edit personal the ICC Rulebook (‘‘ICC Rules’’) to add public interest, for the protection of identifying information from Subchapters 26J and 26L to provide for investors, or otherwise in furtherance of submissions. You should submit only the clearance of iTraxx Asia/Pacific CDS the purposes of the Act. If the information that you wish to make contracts (‘‘iTraxx Asia/Pacific Commission takes such action, the available publicly. All submissions Contracts’’) and Standard Asia/Pacific Commission will institute proceedings should refer to File Number SR–CBOE– Sovereign CDS contracts (‘‘SAS to determine whether the proposed rule 2016–007 and should be submitted on Contracts’’, collectively with iTraxx change should be approved or or before March 4, 2016. Asia/Pacific Contracts ‘‘Asia-Pacific disapproved. CDS Contracts’’). Additionally, ICC For the Commission, by the Division of proposed to amend the ICC End-of-Day IV. Solicitation of Comments Trading and Markets, pursuant to delegated Price Discovery Policies and Procedures 20 Interested persons are invited to authority. to add two additional pricing windows submit written data, views, and Robert W. Errett, to accommodate the submission of end- arguments concerning the foregoing, Deputy Secretary. of-day prices relating to such Asia- including whether the proposed rule [FR Doc. 2016–02841 Filed 2–11–16; 8:45 am] Pacific CDS Contracts. Finally, ICC change is consistent with the Act. BILLING CODE 8011–01–P proposed to amend the ICC Risk Comments may be submitted by any of Management Framework to include the the following methods: risk horizon utilized for instruments traded during Asia-Pacific hours and to Electronic Comments • Use the Commission’s Internet 1 15 U.S.C. 78s(b)(1). comment form (http://www.sec.gov/ 2 17 CFR 240.19b–4. rules/sro.shtml); or 3 In Amendment No. 1, ICC deleted a factual error in the originally filed proposal that stated that no changes would be made to ICC’s Risk Management 18 15 U.S.C. 78s(b)(3)(A). Framework. Amendment No. 1 amends and 19 17 CFR 240.19b–4(f)(6). 20 17 CFR 200.30–3(a)(12). replaces the original filing in its entirety.

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amend the ICC Risk Management Model of the ICC Rules, the CDX Emerging Subchapter 26B, SES Contracts in Description document to add Asia- Markets CDS contracts (‘‘CDX EM Subchapter 26D, STEC Contracts in Pacific to the list of regions to be Contracts’’) currently cleared by ICC and Subchapter 26G, STEFC Contracts in considered in General Wrong Way Risk governed by Subchapter 26C of the ICC Subchapter 26H, and SWES Contracts in calculations. This Amendment No. 1 Rules, and the iTraxx Europe CDS Subchapter 26I, with certain deletes a factual error and is intended to contracts (‘‘iTraxx Europe Contracts’’) modifications that reflect differences in replace the original filing in its entirety. currently cleared by ICC and governed terms and market conventions between by Subchapter 26F of the ICC Rules. those contracts and SAS Contracts. SAS II. Self-Regulatory Organization’s Accordingly, the proposed rules found Contracts will be denominated in Statement of the Purpose of, and in Subchapter 26J largely mirror the ICC United States Dollars. Statutory Basis for, the Proposed Rule Rules for CDX NA Contracts in ICC Rule 26L–102 (Definitions) sets Change Subchapter 26A, CDX EM Contracts in forth the definitions used for the SAS In its filing with the Commission, ICC Subchapter 26C, and iTraxx Europe Contracts. ‘‘Eligible SAS Reference included statements concerning the Contracts in Subchapter 26F, with Entities’’ are defined as ‘‘each particular purpose of and basis for the additional certain modifications that reflect Reference Entity included in the List of rule change in Amendment No. 1. The differences in terms and market Eligible SAS Reference Entities,’’ which text of these statements may be conventions between those contracts is a list maintained, updated and examined at the places specified in Item and iTraxx Asia/Pacific Contracts. published from time to time by ICC IV below. ICC has prepared summaries, iTraxx Asia/Pacific Contracts will be containing certain specified information set forth in sections A, B, and C below, denominated in United States Dollars. with respect to each reference entity. of the most significant aspects of these ICC Rule 26J–102 (Definitions) sets ICC is proposing to add the statements. forth the definitions used for the iTraxx Commonwealth of Australia, the A. Self-Regulatory Organization’s Asia/Pacific Contracts. The definitions Malaysian Federation, the People’s Statement of the Purpose of, and are substantially the same as the Republic of China, the Republic of Statutory Basis for, the Proposed Rule definitions found in Subchapters 26A, Indonesia, the Republic of Korea and Change 26C, and 26F of the ICC Rules, other the Republic of the Philippines to its than certain conforming changes. List of Eligible SAS Reference Entities. The purpose of the proposed rule ICC Rules 26J–309 (Acceptance of If ICC determines to add or remove change is to adopt new rules that will iTraxx Asia/Pacific Untranched additional SAS Contracts from the List provide the basis for ICC to clear Asia- Contracts by ICE Clear Credit), 26J–315 of Eligible SAS Reference Entities, it Pacific CDS Contracts. Specifically, ICC (Terms of the Cleared iTraxx Asia/ will seek approval from the Commission proposes amending chapter 26 of the Pacific Untranched Contract), 26J–316 for such contracts (or for a class of ICC Rules to add Subchapters 26J and (Updating Index Version of Fungible product including such contracts) by a 26L to provide for the clearance of Contracts After a Credit Event or a subsequent filing. The remaining iTraxx Asia/Pacific Contracts and Succession Event; Updating Relevant definitions are substantially the same as Standard Asia/Pacific Sovereign CDS Untranched Standard Terms the definitions found in Subchapters contracts (specifically the Supplement), and 26J–317 (Terms of 26B, 26D, 26G, 26H, and 26I of the ICC Commonwealth of Australia, the iTraxx Asia/Pacific Untranched Rules, other than certain conforming Malaysian Federation, the People’s Contracts) reflect or incorporate the changes. Republic of China, the Republic of basic contract specifications for iTraxx ICC Rules 26L–203 (Restriction on Indonesia, the Republic of Korea and Asia/Pacific Contracts and are Activity), 26L–206 (Notices Required of the Republic of the Philippines), substantially the same as under Participants with respect to SAS respectively. Further, ICC proposes Subchapters 26A, 26C, and 26F of the Contracts), 26L–303 (SAS Contract amending the ICC End-of-Day Price ICC Rules. Adjustments), 26L–309 (Acceptance of Discovery Policies and Procedures to SAS Contracts have similar terms to SAS Contracts by ICE Clear Credit), add two additional pricing windows to the Standard North American Corporate 26L–315 (Terms of the Cleared SAS accommodate the submission of end-of- Single Name CDS contracts (‘‘SNAC Contract), 26L–316 (Relevant Physical day prices relating to such Asia-Pacific Contracts’’) currently cleared by ICC and Settlement Matrix Updates), 26L–502 CDS Contracts. Finally, ICC proposes governed by Subchapter 26B of the ICC (Specified Actions), and 26L–616 amending the ICC Risk Management Rules, the Standard Emerging Sovereign (Contract Modification) reflect or Framework to include the risk horizon CDS contracts (‘‘SES Contracts’’) incorporate the basic contract utilized for instruments traded during currently cleared by ICC and governed specifications for SAS Contracts and are Asia-Pacific hours and amending the by Subchapter 26D of the ICC Rules, the substantially the same as under ICC Risk Management Model Standard European Corporate Single Subchapters 26B, 26D, 26G, 26H, and Description document to add Asia- Name CDS contracts (‘‘STEC Contracts’’) 26I of the ICC Rules. Pacific to the list of regions to be currently cleared at ICC and governed Additionally, ICC is proposing to considered in General Wrong Way Risk by Subchapter 26G of the ICC Rules, the amend the ICC End-of-Day Price calculations. The addition of these Asia- Standard European Financial Corporate Discovery Policies and Procedures to Pacific CDS Contracts will benefit the Single Name CDS Contracts (‘‘STEFC add two additional pricing windows to CDS market by providing market Contracts’’) currently cleared at ICC and accommodate the submission of end-of- participants the benefits of clearing, governed by Subchapter 26H of the ICC day prices relating to such Asia-Pacific including reduction in counterparty risk Rules, and the Standard Western CDS Contracts. Specifically, ICC is and safeguarding of margin assets European Corporate Single Name CDS proposing adding one pricing window pursuant to clearing house rules. contracts (‘‘SWES Contracts’’) currently at the end of the Sydney trading day to The iTraxx Asia/Pacific Contracts cleared by ICC and governed by determine prices for instruments have similar terms to the CDX North Subchapter 26I of the ICC Rules. primarily traded in Sydney hours and American IG/HY/XO CDS contracts Accordingly, the proposed rules found one pricing window at the end of the (‘‘CDX NA Contracts’’) currently cleared in Subchapter 26L largely mirror the Singapore trading day to determine by ICC and governed by Subchapter 26A ICC Rules for SNAC Contracts in prices for instruments primarily traded

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in Singapore/Hong Kong hours. ICC will risk concerns introduced by clearing pressures and to continue meeting its apply the same price discovery these contracts, not accounted for by obligations in the event of clearing methodology to all submission ICC’s existing risk management member insolvencies or defaults in windows. For easier comprehension, procedures. As such, clearing the new respect of the new contracts, in ICC also consolidated information iTraxx Asia/Pacific Contracts and SAS accordance with Rule 17Ad–22(d)(11).13 regarding the timing of all pricing Contracts is consistent with the Furthermore, ICC believes that the windows into a table in an appendix to requirement of promoting and proposed changes to the ICC End-of-Day the policy. Accordingly, ICC replaced protecting the public interest in Section Price Discovery Policies and Procedures references throughout the document to 17A(b)(3)(F).6 are consistent with the requirements of specific pricing window times with a Clearing of the iTraxx Asia/Pacific the Act and the rules and regulations reference to this table. ICC also removed Contracts and SAS Contracts will also thereunder applicable to ICC, in a reference to end-of-day risk satisfy the requirements of Rule 17Ad– particular, to Section 17(A)(b)(3)(F),14 requirements, as such information is 22.7 In particular, in terms of financial because ICC believes that such changes more appropriately included in the Risk resources, ICC will apply its existing will assure the prompt and accurate Management Framework. margin methodology (which includes clearance and settlement of securities Finally, ICC is proposing to amend General Wrong Way Risk transactions, derivatives agreements, the ICC Risk Management Framework to considerations) to the additional contracts, and transactions, as the include the risk horizon utilized for contracts. ICC believes that this model proposed revisions will allow ICC to instruments traded during Asia-Pacific will provide sufficient margin to cover receive end-of-day prices for Asia- hours and to amend the ICC Risk its credit exposure to its clearing Pacific CDS Contracts, complete its end- Management Model Description members from clearing such contracts, of-day price discovery process, and document to add Asia-Pacific to the list consistent with the requirements of Rule determine end-of-day prices for such of regions to be considered in General 17Ad-22(b)(2).8 In addition, ICC Asia-Pacific CDS Contracts. As such, the Wrong Way Risk calculations. believes its Guaranty Fund, under its proposed changes are designed to Section 17A(b)(3)(F) of the Act 4 existing methodology, will, together promote the prompt and accurate requires, among other things, that the with the required margin, provide clearance and settlement of securities rules of a clearing agency be designed to sufficient financial resources to support transactions, derivatives agreements, promote the prompt and accurate the clearing of the new contracts contracts, and transactions within the clearance and settlement of securities consistent with the requirements of Rule meaning of Section 17A(b)(3)(F)15 of the transactions and, to the extent 17Ad–22(b)(3).9 ICC also believes that Act. applicable, derivative agreements, its existing operational and managerial Finally, ICC believes that the contracts, and transactions and to resources will be sufficient for clearing proposed changes to the ICC Risk comply with the provisions of the Act of the new contracts, consistent with the Management Framework and the ICC and the rules and regulations requirements of Rule 17Ad-22(d)(4),10 Risk Management Model Description thereunder. These iTraxx Asia/Pacific as the new contracts are substantially document are consistent with the Contracts are similar to CDX NA, CDX the same from an operational requirements of the Act and the rules EM, and iTraxx Europe Contracts perspective as existing contracts. and regulations thereunder applicable to currently cleared by ICC, and the SAS Similarly, ICC will use its existing ICC, in particular, to Section Contracts are similar to the SNAC, SES, settlement procedures and account 17(A)(b)(3)(F),16 because ICC believes STEC, STEFC, and SWES Contracts structures for the new contracts, that such changes will assure the currently cleared by ICC. The iTraxx consistent with the requirements of Rule prompt and accurate clearance and Asia/Pacific Contracts and SAS 17Ad–22(d)(5), (12) and (15)11 as to the settlement of securities transactions, Contracts will be cleared pursuant to finality and accuracy of its daily derivatives agreements, contracts, and ICC’s existing clearing arrangements and settlement process and avoidance of the transactions, as the proposed revisions related financial safeguards, protections risk to ICC of settlement failures. ICC allow for the consideration of Asia- and risk management procedures. determined to accept the iTraxx Asia/ Pacific contracts within ICC’s risk The addition of iTraxx Asia/Pacific Pacific Contracts and SAS Contracts for model. As such, the proposed changes Contracts and SAS Contracts will allow clearing in accordance with its are designed to promote the prompt and market participants an increased ability governance process, which included accurate clearance and settlement of to manage risk. ICC believes that review of the contracts and related risk securities transactions, derivatives acceptance of the new contracts, on the management considerations by the ICC agreements, contracts, and transactions terms and conditions set out in the ICC Risk Committee and approval by its within the meaning of Section Rules, is consistent with the prompt and Board. These governance arrangements 17A(b)(3)(F) 17 of the Act. In addition, accurate clearance of and settlement of are consistent with the requirements of the proposed revisions are consistent securities transactions and derivative Rule 17Ad–22(d)(8).12 Finally, ICC will with the relevant requirements of Rule agreements, contracts and transactions apply its existing default management 17Ad-22.18 In particular, the cleared by ICC, the safeguarding of policies and procedures for the iTraxx amendments to the Risk Management securities and funds in the custody or Asia/Pacific Contracts and SAS Framework and the ICC Risk control of ICC, and the protection of Contracts. ICC believes that these Management Model Description investors and the public interest, within procedures allow for it to take timely document allow for the consideration of the meaning of Section 17A(b)(3)(F) of 5 action to contain losses and liquidity Asia-Pacific contracts within the ICC the Act. ICC performed a risk model, which, as discussed above, comprehensive risk analysis related to 6 Id. the clearing of iTraxx Asia/Pacific 7 17 CFR 240.17Ad–22. 13 17 CFR 240.17Ad–22(d)(11). Contracts and SAS Contract and has 8 17 CFR 240.17Ad–22(b)(2). 14 15 U.S.C. 78q–1(b)(3)(F). identified no additional risk or systemic 9 17 CFR 240.17Ad–22(b)(3). 15 Id. 10 17 CFR 240.17Ad–22(d)(4). 16 15 U.S.C. 78q–1(b)(3)(F). 4 15 U.S.C. 78q–1(b)(3)(F). 11 17 CFR 240.17Ad–22(d)(5), (12) and (15). 17 Id. 5 Id. 12 17 CFR 240.17Ad–22(d)(8). 18 17 CFR§ 240.17Ad–22.

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ICC believes will provide sufficient Electronic Comments SECURITIES AND EXCHANGE margin and financial resources to • COMMISSION support the clearing of the new Use the Commission’s Internet contracts consistent with the margin comment form (http://www.sec.gov/ Submission for OMB Review; and financial resource requirements of rules/sro.shtml); or Comment Request Rule 17Ad-22(b)(2–3).19 • Send an email to rule-comments@ Upon Written Request, Copies Available B. Self-Regulatory Organization’s sec.gov. Please include File Number SR– ICC–2016–002 on the subject line. From: Securities and Exchange Statement on Burden on Competition Commission, Office of FOIA Services, ICC does not believe the proposed Paper Comments 100 F Street NE., Washington, DC rule change would have any impact, or • 20549–2736. impose any burden, on competition. Send paper comments in triplicate to Secretary, Securities and Exchange Extension: The iTraxx Asia/Pacific Contracts and Rules 17Ad–22—Clearing Agency SAS Contracts will be available for Commission, 100 F Street NE., Standards and Governance. SEC File No. clearing to all ICC Clearing Participants. Washington, DC 20549–1090. 270–646, OMB Control No. 3235–0695. The clearing of iTraxx Asia/Pacific All submissions should refer to File Notice is hereby given that pursuant Contracts and SAS Contracts by ICC Number SR–ICC–2016–002. This file does not preclude the offering of this to the Paperwork Reduction Act of 1995 number should be included on the (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the product for clearing by other market subject line if email is used. To help the participants. Further, the changes to the Securities and Exchange Commission Commission process and review your (‘‘Commission’’) is soliciting comments ICC End-of-Day Price Discovery Policies comments more efficiently, please use and Procedures, ICC Risk Management on the existing collection of information only one method. The Commission will provided for in Rules 17Ad-22 under Framework, and ICC Risk Management post all comments on the Commission’s Model Description document apply the Securities Exchange Act of 1934 (15 Internet Web site (http://www.sec.gov/ U.S.C. 78a et seq.). The Commission uniformly across all market participants. rules/sro.shtml). Copies of the Therefore, ICC does not believe the plans to submit this existing collection submission, all subsequent of information to the Office of proposed rule change imposes any amendments, all written statements burden on competition that is Management and Budget (‘‘OMB’’) for with respect to the proposed rule extension and approval. inappropriate in furtherance of the change that are filed with the purposes of the Act. Commission, and all written Standards for Clearing Agencies C. Self-Regulatory Organization’s communications relating to the a. Measurement and Management of Statement on Comments on the proposed rule change between the Credit Exposures Proposed Rule Change Received From Commission and any person, other than Members, Participants or Others those that may be withheld from the Rule 17Ad–22(b)(1) would require a clearing agency that provides CCP Written comments relating to the public in accordance with the provisions of 5 U.S.C. 552, will be services to establish, implement, proposed rule change have not been maintain and enforce written policies solicited or received. ICC will notify the available for Web site viewing and printing in the Commission’s Public and procedures reasonably designed to Commission of any written comments measure its credit exposures to its received by ICC. Reference Room, 100 F Street NE., Washington, DC 20549, on official participants at least once each day, and III. Date of Effectiveness of the business days between the hours of limit its exposures to potential losses from defaults by its participants in Proposed Rule Change and Timing for 10:00 a.m. and 3:00 p.m. Copies of such normal market conditions so that the Commission Action filings will also be available for operations of the clearing agency would Within 45 days of the date of inspection and copying at the principal not be disrupted and non-defaulting publication of this notice in the Federal office of ICE Clear Credit and on ICE participants would not be exposed to Register or within such longer period Clear Credit’s Web site at https:// losses that they cannot anticipate or up to 90 days (i) as the Commission may www.theice.com/clear-credit/regulation. control. The purpose of the collection of designate if it finds such longer period All comments received will be posted information is to enable the clearing to be appropriate and publishes its without change; the Commission does agency to monitor and limit its reasons for so finding or (ii) as to which not edit personal identifying exposures to its participants. the self-regulatory organization information from submissions. You consents, the Commission will: b. Margin Requirements should submit only information that (A) By order approve or disapprove the proposed rule change or you wish to make available publicly. All Rule 17Ad–22(b)(2) would require a (B) institute proceedings to determine submissions should refer to File clearing agency that provides CCP whether the proposed rule change Number SR–ICC–2016–002 and should services to establish, implement, should be disapproved. be submitted on or before March 4, maintain and enforce written policies 2016. and procedures reasonably designed to: IV. Solicitation of Comments For the Commission, by the Division of (i) Use margin requirements to limit its Interested persons are invited to Trading and Markets, pursuant to delegated credit exposures to participants in submit written data, views, and authority.20 normal market conditions; (ii) use risk- based models and parameters to set arguments concerning the foregoing, Robert W. Errett, including whether the proposed rule margin requirements; and (iii) review change is consistent with the Act. Deputy Secretary. the models and parameters at least Comments may be submitted by any of [FR Doc. 2016–02839 Filed 2–11–16; 8:45 am] monthly. The purpose of the collection the following methods: BILLING CODE 8011–01–P of information is to enable the clearing agency to maintain sufficient collateral 19 17 CFR§ 240.17Ad-22(b)(2–3). 20 17 CFR 200.30–3(a)(12). or margin.

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c. Financial Resources and procedures reasonably designed to the requirement in Rule 17Ad-22(b)(3) Rule 17Ad–22(b)(3) would require a have membership standards that do not and sufficient documentation to explain clearing agency that provides CCP require that participants maintain a the methodology it uses to compute services to establish, implement, portfolio of any minimum size or that such financial resource requirement. maintain and enforce written policies participants maintain a minimum The purpose of the collection of and procedures reasonably designed to transaction volume. The purpose of the information is to enable the Commission maintain sufficient financial resources collection of information is to remove to monitor the financial resources of to withstand, at a minimum, a default unnecessary barriers to participation in clearing agencies that provide CCP by the participant family to which it has clearing agencies that provide CCP services. services. the largest exposure in extreme but i. Annual Audited Financial Statements plausible market conditions, provided g. Net Capital Restrictions that a registered clearing agency acting Rule 17Ad–22(c)(2) would require a Rule 17Ad–22(b)(7) would require a as a central counterparty for security- clearing agency to post on its Web site clearing agency that provides CCP based swaps shall maintain additional an annual audited financial statement services to establish, implement, financial resources sufficient to that must (i) be a complete set of maintain and enforce written policies withstand, at a minimum, a default by financial statements of the clearing and procedures reasonably designed to the two participant families to which it agency for the most recent two fiscal provide a person that maintains net has the largest exposures in extreme but years of the clearing agency and be capital equal to or greater than $50 plausible market conditions, in its prepared in accordance with U.S. million with the ability to obtain capacity as a central counterparty for generally accepted accounting membership at the clearing agency, security-based swaps. The purpose of principles (‘‘U.S. GAAP’’), except that provided that such persons are able to the collection of information is to enable for a clearing agency that is a comply with other reasonable the clearing agency to satisfy all of its corporation or other organization membership standards, with any net settlement obligations in the event of a incorporated or organized under the capital requirements being scalable so participant default. laws of any foreign country, the that they are proportional to the risks financial statements may be prepared d. Model Validation posed by the participant’s activities to according to U.S. GAAP or International the clearing agency. The rule also Rule 17Ad–22(b)(4) would require a Financial Reporting Standards as issued permits a clearing agency to provide for clearing agency that provides CCP by the International Accounting a higher net capital requirement (i.e., services to establish, implement, Standards Board (‘‘IFRS’’); (ii) be higher than $50 million) as a condition maintain and enforce written policies audited in accordance with standards of for membership at the clearing agency if and procedures reasonably designed to the Public Company Accounting the clearing agency demonstrates to the provide for an annual model validation Oversight Board by a registered public Commission that such a requirement is consisting of evaluating the performance accounting firm that is qualified and necessary to mitigate risks that could of the clearing agency’s margin models independent in accordance with Rule 2– and the related parameters and not otherwise be effectively managed by other measures, such as scalable 01 of Regulation S–X (17 CFR 210.2–01); assumptions associated with such and (iii) include a report of the models by a qualified person who is free limitations on the transactions that the participants may clear through the registered public accounting firm that from influence from the persons complies with paragraphs (a) through responsible for the development or clearing agency, and the Commission approves the higher net capital (d) of Rule 2–02 of Regulation S–X (17 operation of the models being validated. CFR 210.2–02). The purpose of the The purpose of the collection of requirement as part of a rule filing or clearing agency registration application. collection of information is to enable the information is to enable the clearing Commission to monitor the financial agency to obtain an assessment of its The purpose of the collection of information is to remove unnecessary resources of clearing agencies that margin model by a qualified, provide CCP services. independent person. barriers to clearing access by market participants with a net capital level j. Transparent and Enforceable Rules e. Non-Dealer Access above $50 million, while at the same and Procedures Rule 17Ad–22(b)(5) would require a time facilitating sound risk management clearing agency that provides CCP practices by clearing agencies by Rule 17Ad–22(d)(1) would require services to establish, implement, encouraging them to examine and clearing agencies to establish, maintain and enforce written policies articulate the benefits that higher net implement, maintain and enforce and procedures reasonably designed to capital requirements would create written policies and procedures provide the opportunity for a person through having clearing agencies reasonably designed to provide for a that does not perform any dealer or develop scalable membership standards well-founded, transparent, and security-based swap dealer services to that links the activities any participants enforceable legal framework for each obtain membership at the clearing could potentially engage in with the aspect of their activities in all relevant agency to clear securities for itself or on potential risks posed by the participant. jurisdictions. The purpose of the behalf of other persons. The purpose of collection of information is to help h. Record of Financial Resources the collection of information is to enable ensure that clearing agencies’ policies more market participants to obtain Rule 17Ad–22(c)(1) would require and procedures do not cause confusion indirect access to clearing agencies. that each fiscal quarter (based on or legal uncertainty among their calculations made as of the last business participants because they are unclear, f. Portfolio Size and Transaction day of the clearing agency’s fiscal incomplete or conflict with other Volume Restrictions quarter), or at any time upon applicable laws or judicial precedent. Rule 17Ad–22(b)(6) would require a Commission request, a clearing agency The Commission believes that 10 clearing agency that provides CCP that performs CCP services shall registered clearing agencies will incur a services to establish, implement, calculate and maintain a record of the total burden of approximately 8,029 maintain and enforce written policies financial resources necessary to meet hours annually.

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An agency may not conduct or collectively captioned Rules Applicable Infractions of Position/Exercise Limits sponsor, and a person is not required to to Trading of PHLX FOREX OptionsTM. and Hedge Exemptions, removing respond to, a collection of information The text of the proposed rule change language which is specific to PHLX under the PRA unless it displays a is available on the Exchange’s Web site FOREX Options. currently valid OMB control number. at http:// 2. Statutory Basis The public may view background nasdaqomxphlx.cchwallstreet.com/, at documentation for this information the principal office of the Exchange, and The Exchange believes that its collection at the following Web site: at the Commission’s Public Reference proposal is consistent with Section 6(b) www.reginfo.gov. Comments should be Room. of the Act 4 in general, and furthers the 5 directed to: (i) Desk Officer for the II. Self-Regulatory Organization’s objectives of Section 6(b)(5) of the Act Securities and Exchange Commission, Statement of the Purpose of, and in particular, in that it is designed to Office of Information and Regulatory Statutory Basis for, the Proposed Rule promote just and equitable principles of Affairs, Office of Management and Change trade, to remove impediments to and Budget, Room 10102, New Executive perfect the mechanism of a free and Office Building, Washington, DC 20503 In its filing with the Commission, the open market and a national market or by sending an email to: shagufta_ Exchange included statements system, and, in general to protect [email protected]; and (ii) Pamela concerning the purpose of and basis for investors and the public interest. In Dyson, Director/Chief Information the proposed rule change and discussed particular, this proposed change Officer, Securities and Exchange any comments it received on the removes from the Phlx rulebook the Commission, c/o Remi Pavlik-Simon, proposed rule change. The text of these rules applicable to PHLX FOREX 100 F Street, NE Washington, DC 20549, statements may be examined at the Options and makes conforming changes or by sending an email to PRA_ places specified in Item IV below. The as needed to certain other rules. The [email protected]. Comments must be Exchange has prepared summaries, set rule language to be deleted is not submitted to OMB within 30 days of forth in sections A, B, and C below, of relevant or necessary because it deals this notice. the most significant aspects of such solely with PHLX FOREX Options statements. Dated: February 8, 2015. which were never listed or traded on the Robert W. Errett, A. Self-Regulatory Organization’s Exchange. Removing this rule language from the Phlx rulebook will help Deputy Secretary. Statement of the Purpose of, and Statutory Basis for, the Proposed Rule eliminate potential member and [FR Doc. 2016–02832 Filed 2–11–16; 8:45 am] Change investor confusion about products listed BILLING CODE 8011–01–P and traded on Phlx. 1. Purpose B. Self-Regulatory Organization’s PHLX FOREX Options TM SECURITIES AND EXCHANGE Statement on Burden on Competition COMMISSION The Exchange’s rules for listing and trading PHLX FOREX Options were The Exchange does not believe that [Release No. 34–77076; File No. SR–Phlx– approved by the Commission in 2012 3 the proposed rule change will impose 2016–16] but were never in fact listed or traded any burden on competition not necessary or appropriate in furtherance Self-Regulatory Organizations; on Phlx. The Exchange has no current intention to list or trade PHLX FOREX of the purposes of the Act. The NASDAQ PHLX LLC; Notice of Filing proposed change is not designed to and Immediate Effectiveness of Options in the foreseeable future. Accordingly, the Exchange proposes to address any competitive issue but Proposed Rule Change To Delete would merely remove rule language Obsolete Rules 1000C–1009C delete the caption ‘‘Rules Applicable to Trading of PHLX FOREX Options TM relating to PHLX FOREX Options that is February 8, 2016. (Rules 1000C–1009C)’’ as well as Rules not relevant to the Exchange’s business Pursuant to Section 19(b)(1) of the 1000C through 1009C dealing solely in any respect. Securities Exchange Act of 1934 (the with PHLX FOREX Options. C. Self-Regulatory Organization’s ‘‘Act’’),1 and Rule 19b–4 thereunder,2 The Exchange also proposes to make Statement on Comments on the notice is hereby given that on February conforming changes to Phlx Option Proposed Rule Change Received From 1, 2016, NASDAQ PHLX LLC (‘‘Phlx’’ or Floor Procedure Advices F–6, Option Members, Participants, or Others the ‘‘Exchange’’) filed with the Quote Parameters, and F–15, Minor Securities and Exchange Commission No written comments were either (‘‘SEC’’ or the ‘‘Commission’’) the 3 See Securities Exchange Act Release No. 66616 solicited or received. (March 16, 2012) 77 FR 16879 (March 22, 2012) proposed rule change as described in (SR–Phlx–2012–11) (Order Granting Approval of III. Date of Effectiveness of the Items I, II, and III, below, which Items Proposed Rule Change Regarding the Listing and Proposed Rule Change and Timing for have been prepared by the Exchange. Trading of PHLX FOREX OptionsTM). In the Commission Action The Commission is publishing this approval order the Commission approved listing and trading of PHLX FOREX Options the British Because the foregoing proposed rule notice to solicit comments on the pound, the Swiss franc, the Canadian dollar, the proposed rule change from interested Australian dollar, the New Zealand dollar, and the change does not: (i) Significantly affect persons. Euro. These six foreign currencies also underlie the protection of investors or the public another type of foreign currency option that is interest; (ii) impose any significant I.Self-Regulatory Organization’s currently listed and traded on the Exchange burden on competition; and (iii) become Statement of the Terms of Substance of (referred to as either ‘‘FCOs’’ or World Currency operative for 30 days from the date on the Proposed Rule Change Options, ‘‘WCOs’’). The primary difference between FCOs and the PHLX FOREX Options is the pricing which it was filed, or such shorter time The Exchange proposes to delete convention of PHLX FOREX Options, which as the Commission may designate, it has obsolete Rules 1000C–1009C, resembles the ‘‘spot market pricing’’ on the become effective pursuant to Section underlying currencies. The proposal to delist the PHLX FOREX OptionsTM does not affect the 1 15 U.S.C. 78s(b)(1). continued listing and trading of FCOs on the 4 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. Exchange. 5 15 U.S.C. 78f(b)(5).

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19(b)(3)(A)(iii) of the Act 6 and available for Web site viewing and Corp. (‘‘SFIMC’’), a Delaware subparagraph (f)(6) of Rule 19b–4 printing in the Commission’s Public Corporation registered as an investment thereunder.7 Reference Room, 100 F Street NE., adviser under the Investment Advisers At any time within 60 days of the Washington, DC 20549, on official Act of 1940; and State Farm VP filing of the proposed rule change, the business days between the hours of Management Corp., a Delaware Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the corporation, registered as a broker- temporarily suspend such rule change if filing also will be available for dealer under the Securities Exchange it appears to the Commission that such inspection and copying at the principal Act of 1934 (‘‘Exchange Act’’). action is: (i) Necessary or appropriate in office of the Exchange. All comments DATES: Filing Dates: The application was the public interest; (ii) for the protection received will be posted without change; filed on October 2, 2015, and amended of investors; or (iii) otherwise in the Commission does not edit personal on January 5, 2016. furtherance of the purposes of the Act. identifying information from Hearing or Notification of Hearing: An If the Commission takes such action, the submissions. You should submit only order granting the requested relief will Commission shall institute proceedings information that you wish to make be issued unless the Commission orders to determine whether the proposed rule available publicly. All submissions a hearing. Interested persons may should be approved or disapproved. should refer to File Number SR–Phlx– request a hearing by writing to the 2016–16 and should be submitted on or IV. Solicitation of Comments Commission’s Secretary and serving before March 4, 2016. applicants with a copy of the request, Interested persons are invited to For the Commission, by the Division of personally or by mail. Hearing requests submit written data, views, and Trading and Markets, pursuant to delegated should be received by the Commission arguments concerning the foregoing, authority.8 by 5:30 p.m. on March 4, 2016 and including whether the proposed rule Robert W. Errett, should be accompanied by proof of change is consistent with the Act. Deputy Secretary. service on the applicants, in the form of Comments may be submitted by any of [FR Doc. 2016–02836 Filed 2–11–16; 8:45 am] an affidavit, or, for lawyers, a certificate the following methods: BILLING CODE 8011–01–P of service. Pursuant to Rule 0–5 under Electronic Comments the Act, hearing requests should state the nature of the writer’s interest, any • Use the Commission’s Internet SECURITIES AND EXCHANGE facts bearing upon the desirability of a comment form (http://www.sec.gov/ COMMISSION hearing on the matter, the reason for the rules/sro.shtml); or request, and the issues contested. • Send an email to rule-comments@ [Investment Company Act Release No. Persons who wish to be notified of a sec.gov. Please include File Number SR– 31988; File No. 812–14558] hearing may request notification by Phlx–2016–16 on the subject line. State Farm Associates’ Funds Trust, et writing to the Commission’s Secretary. Paper Comments al.; Notice of Application ADDRESSES: Brent J. Fields, Secretary, • Send paper comments in triplicate February 8, 2016. U.S. Securities and Exchange to Secretary, Securities and Exchange AGENCY: Securities and Exchange Commission, 100 F Street NE., Commission, 100 F Street NE., Commission (‘‘Commission’’). Washington, DC 20549–1090. Applicants: c/o Mr. David Moore, State Washington, DC 20549–1090. ACTION: Notice of an application for an All submissions should refer to File order under section 12(d)(1)(J) of the Farm Investment Management Corp., Number SR–Phlx–2016–16. This file Investment Company Act of 1940 (the One State Farm Plaza, Bloomington, IL number should be included on the ‘‘Act’’) for an exemption from sections 61710–0001. subject line if email is used. To help the 12(d)(1)(A), (B), and (C) of the Act and FOR FURTHER INFORMATION CONTACT: Jean Commission process and review your under sections 6(c) and 17(b) of the Act E. Minarick, Senior Counsel, at (202) comments more efficiently, please use for an exemption from sections 17(a)(1) 551–6811, or Daniele Marchesani, only one method. The Commission will and (2) of the Act. The requested order Branch Chief, at (202) 551–6821 post all comments on the Commission’s would permit certain registered open- (Division of Investment Management, Internet Web site (http://www.sec.gov/ end investment companies to acquire Chief Counsel’s Office). rules/sro.shtml). Copies of the shares of certain registered open-end SUPPLEMENTARY INFORMATION: The submission, all subsequent investment companies, registered following is a summary of the amendments, all written statements closed-end investment companies, and application. The complete application with respect to the proposed rule registered unit investment trusts may be obtained via the Commission’s change that are filed with the (collectively, ‘‘Underlying Funds’’) that Web site by searching for the file Commission, and all written are within and outside the same group number, or for an applicant using the communications relating to the of investment companies as the Company name box, at http:// proposed rule change between the acquiring investment companies, in www.sec.gov/search/search.htm, or by Commission and any person, other than excess of the limits in section 12(d)(1) calling (202) 551–8090. those that may be withheld from the of the Act. public in accordance with the Summary of the Application Applicants: State Farm Associates’ provisions of 5 U.S.C. 552, will be 1. Applicants request an order to Funds Trust, State Farm Mutual Fund permit (a) a Fund 1 (each a ‘‘Fund of Trust and State Farm Variable Product 6 15 U.S.C. 78s(b)(3)(a)(iii). 7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Trust, each a Delaware statutory trust 1 Applicants request that the order apply to each 4(f)(6) requires a self-regulatory organization to give and registered under the Act as an open- existing and future series of the Trusts and to each the Commission written notice of its intent to file end management investment company existing and future registered open-end investment the proposed rule change at least five business days with multiple series (each, a ‘‘Trust’’); company or series thereof that is advised by SFIMC prior to the date of filing of the proposed rule or its successor or by any entity controlling, change, or such shorter time as designated by the State Farm Investment Management controlled by or under common control with SFIMC Commission. The Exchange has satisfied this or its successor and is part of the same ‘‘group of requirement. 8 17 CFR 200.30–3(a)(12). Continued

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Funds’’) to acquire shares of Underlying are the concerns underlying the limits publishing this notice to solicit Funds 2 in excess of the limits in in sections 12(d)(1)(A), (B), and (C) of comments on the proposed rule change sections 12(d)(1)(A) and (C) of the Act the Act. from interested persons. and (b) the Underlying Funds that are 3. Section 12(d)(1)(J) of the Act I. Self-Regulatory Organization’s registered open-end investment provides that the Commission may Statement of the Terms of Substance of companies or series thereof, their exempt any person, security, or principal underwriters and any broker transaction, or any class or classes of the Proposed Rule Change or dealer registered under the Exchange persons, securities, or transactions, from Nasdaq proposes to add NextShares to Act to sell shares of the Underlying any provision of section 12(d)(1) if the the list of securities eligible to be Fund to the Fund of Funds in excess of exemption is consistent with the public Qualified Securities under the Lead the limits in section 12(d)(1)(B) of the interest and the protection of investors. Market Maker Program of Rule 7014(f) Act.3 Applicants also request an order of Section 17(b) of the Act authorizes the and to make a technical change to the exemption under sections 6(c) and 17(b) Commission to grant an order rule. Nasdaq will implement the of the Act from the prohibition on permitting a transaction otherwise proposed rule change on February 26, certain affiliated transactions in section prohibited by section 17(a) if it finds 2016. 17(a) of the Act to the extent necessary that (a) the terms of the proposed The text of the proposed rule change to permit the Underlying Funds to sell transaction are fair and reasonable and is available on the Nasdaq’s Web site at their shares to, and redeem their shares do not involve overreaching on the part http://nasdaq.cchwallstreet.com, at the from, the Funds of Funds.4 Applicants of any person concerned; (b) the principal office of Nasdaq, and at the state that such transactions will be proposed transaction is consistent with Commission’s Public Reference Room. the policies of each registered consistent with the policies of each II. Self-Regulatory Organization’s investment company involved; and (c) Fund of Funds and each Underlying Statement of the Purpose of, and Fund and with the general purposes of the proposed transaction is consistent with the general purposes of the Act. Statutory Basis for, the Proposed Rule the Act and will be based on the net Change asset values of the Underlying Funds. Section 6(c) of the Act permits the 2. Applicants agree that any order Commission to exempt any persons or In its filing with the Commission, granting the requested relief will be transactions from any provision of the Nasdaq included statements concerning subject to the terms and conditions Act if such exemption is necessary or the purpose of and basis for the stated in the application. Such terms appropriate in the public interest and proposed rule change and discussed any and conditions are designed to, among consistent with the protection of comments it received on the proposed other things, help prevent any potential investors and the purposes fairly rule change. The text of these statements (i) undue influence over an Underlying intended by the policy and provisions of may be examined at the places specified Fund that is not in the same ‘‘group of the Act. in Item IV below. Nasdaq has prepared investment companies’’ as the Fund of For the Commission, by the Division of summaries, set forth in sections A, B, Funds through control or voting power, Investment Management, pursuant to and C below, of the most significant or in connection with certain services, delegated authority. aspects of such statements. transactions, and underwritings, (ii) Robert W. Errett, A. Self-Regulatory Organization’s excessive layering of fees, and (iii) Deputy Secretary. Statement of the Purpose of, and overly complex fund structures, which [FR Doc. 2016–02834 Filed 2–11–16; 8:45 am] Statutory Basis for, the Proposed Rule BILLING CODE 8011–01–P Change investment companies’’ as the Trusts (each, a ‘‘Fund’’). For purposes of the requested order, 1. Purpose ‘‘successor’’ is limited to an entity that results from a reorganization into another jurisdiction or a SECURITIES AND EXCHANGE Background change in the type of business organization. For COMMISSION purposes of the request for relief, the term ‘‘group Nasdaq is proposing to include of investment companies’’ means any two or more [Release No. 34–77080; File No. SR– NextShares, listed under Rule 5745, to registered investment companies, including closed- NASDAQ–2016–019] the list of securities eligible to be treated end investment companies, that hold themselves as a Qualified Security under the Lead out to investors as related companies for purposes Self-Regulatory Organizations; The Market Maker (‘‘LMM’’) Program of Rule of investment and investor services. NASDAQ Stock Market LLC; Notice of 2 Certain of the Underlying Funds have obtained 7014(f). Filing and Immediate Effectiveness of The LMM Program is designed to exemptions from the Commission necessary to Proposed Rule Change To Include permit their shares to be listed and traded on a provide incentive to market makers to national securities exchange at negotiated prices NextShares in the Lead Market Maker make markets in certain relatively and, accordingly, to operate as an exchange-traded Program fund (‘‘ETF’’). illiquid exchange-traded products 3 Applicants do not request relief for the Funds February 8, 2016. (‘‘ETPs’’). To achieve this goal, Nasdaq of Funds to invest in reliance on the order in Pursuant to Section 19(b)(1) of the provides credits to a designated LMM closed-end investment companies that are not listed Securities Exchange Act of 1934 for execution of a Qualified Security. and traded on a national securities exchange. 1 2 Under Rule 7014(f)(1), a security may be 4 A Fund of Funds generally would purchase and (‘‘Act’’), and Rule 19b–4 thereunder, sell shares of an Underlying Fund that operates as notice is hereby given that on February designated as a ‘‘Qualified Security’’ if: an ETF through secondary market transactions 2, 2016, The NASDAQ Stock Market (A) It is an exchange-traded fund or rather than through principal transactions with the LLC (‘‘Nasdaq’’) filed with the Securities index-linked security listed on Nasdaq Underlying Fund. Applicants nevertheless request and Exchange Commission (‘‘SEC’’ or pursuant to Nasdaq Rules 5705, 5710, relief from section 17(a) to permit a Fund of Funds to purchase or redeem shares from the ETF. A Fund ‘‘Commission’’) the proposed rule 5720, or 5735; and (B) it has at least one of Funds will purchase and sell shares of an change as described in Items I and II LMM. Underlying Fund that is a closed-end fund through below, which Items have been prepared An LMM is a registered Nasdaq secondary market transactions at market prices by Nasdaq. The Commission is market maker for a Qualified Security rather than through principal transactions with the closed-end fund. Accordingly, applicants are not that has committed to maintain requesting section 17(a) relief with respect to 1 15 U.S.C. 78s(b)(1). minimum performance standards, transactions in shares of closed-end funds. 2 17 CFR 240.19b–4. which are based on certain percentages

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of time that the LMM is quoting at the premiums/discounts associated with the best proxy price bid and offer in national best bid and offer (‘‘NBBO’’). day’s transactions will be applied to the comparison to an LMM’s quoting at the An LMM is selected by Nasdaq based on day’s NAV to create the final transaction time to determine whether it meets the several factors including, but not price. Trade executions using NAV- performance criteria. Nasdaq will list limited to, experience with making Based Trading will be binding at the and trade the first NextShares product markets in exchange-traded funds and time orders are matched on Nasdaq’s on February 26, 2016 and plans to index-linked securities, adequacy of facilities, with the transaction prices include NextShares in the LMM capital, willingness to promote Nasdaq contingent upon the determination of Program as Qualified Securities effective as a marketplace, issuer preference, the NextShares’ NAV at the end of the that day. operational capacity, support personnel, business day. Nasdaq represents that an Nasdaq is also proposing to make a and history of adherence to Nasdaq [sic] NextShares’ next-determined NAV technical change to rule text in Rule rules and securities laws. Nasdaq may will be represented by a proxy price 7014(f). Currently, Nasdaq describes limit the number of LMMs in a security, (e.g., 100.00) and a premium/discount of Qualified Securities as being ‘‘exchange- or modify a previously established limit, a stated amount to the next-determined traded fund or index-linked security upon prior written notice to members. NAV to [sic] be represented by the same listed on Nasdaq pursuant to Nasdaq increment/decrement from the proxy Rules 5705, 5710, 5720, or 5735.’’ 5 Proposed Change to Rule 7014(f) price used to denote NAV (e.g., Nasdaq is proposing to replace As previously noted, Nasdaq NAV¥$0.01 would be represented as references to exchange-traded funds and currently includes in the program 99.99; NAV+$0.01 as 100.01). To index-linked securities under Portfolio Depository Receipts, Index convert proxy prices used to represent subparagraphs (f)(1)(A) and (f)(2) of Rule Fund Shares, Securities Linked to the intraday bids, offers, and execution 7014 with the term ‘‘exchange-traded Performance of Indexes and prices into prices expressed in relation product,’’ which is a broader term that Commodities (Including Currencies), to the next-determined NAV, member incorporates exchange-traded funds, Trust Issued Receipts, and Managed firms would subtract from the reported index-linked securities, and NextShares Fund Shares. Nasdaq is proposing to proxy price (e.g., 99.99) the proxy for within its meaning. The new term does add another ETP, NextShares, as eligible NAV (e.g., 100.00) and insert ‘‘NAV’’ in not change what is eligible to be a to be a Qualified Security under the front of the calculated number Qualified Security under the rule. LMM Program. expressed in dollars (e.g., 99.99¥100.00 2. Statutory Basis The term NextShares means a security = ¥0.01, expressed as ‘‘NAV¥$0.01’’). that (a) represents an interest in a Nasdaq will report intraday bids, offers, Nasdaq believes that the proposed registered investment company and trades for NextShares in real-time to rule change is consistent with the (‘‘NextShares Fund’’) organized as an the Consolidated Tape using the proxy provisions of Section 6 of the Act,6 in open-end management investment price format. In addition, Nasdaq will general, and with Sections 6(b)(4) and company that invests in a portfolio of disseminate intraday NextShares bids, 6(b)(5) of the Act,7 in particular, in that securities and other assets selected and offers, and trades through a proprietary it provides for the equitable allocation managed by the NextShares Fund’s exchange data feed using the NAV + of reasonable dues, fees and other investment adviser consistent with the $.01/NAV¥$.01 format. Nasdaq will charges among its members and issuers NextShares Fund’s investment also provide the member firms and other persons using its facilities, objectives and policies; (b) is issued in participating in each NextShares trade and is designed to prevent fraudulent a specified aggregate unit quantity in with a contemporaneous notice of trade and manipulative acts and practices, to return for a deposit of a specified execution, indicating the number promote just and equitable principles of portfolio of securities and/or a cash NextShares bought or sold and the trade, to foster cooperation and amount with a value per NextShare executed premium/discount to NAV. coordination with persons engaged in equal to the NextShares Fund’s net asset All orders to buy or sell NextShares that regulating, clearing, settling, processing value; (c) when aggregated in the same are not executed on the day the order is information with respect to, and specified unit quantity, may be submitted would be automatically facilitating transactions in securities, to redeemed for a specified portfolio of cancelled as of the close of trading on remove impediments to and perfect the securities and/or cash with a value per such day.4 mechanism of a free and open market NextShare equal to the NextShares As a new and novel ETP, Nasdaq is and a national market system, and, in Fund’s net asset value; and (d) is traded proposing to include NextShares in its general, to protect investors and the on Nasdaq or another national securities LMM Program to provide incentive to public interest; and is not designed to exchange using net asset value permit unfair discrimination between 3 market makers to make markets in (‘‘NAV’’)-Based Trading. NextShares NextShares, which will help to ensure customers, issuers, brokers, or dealers. will trade on Nasdaq using a new that adequate liquidity is provided in Nasdaq believes that inclusion of trading protocol called ‘‘NAV-Based the novel product. This will benefit NextShares in the LMM Program is Trading.’’ In NAV-Based Trading, all market participants interested in buying reasonable because the new ETP is bids, offers and execution prices will be or selling these ETPs. As noted above, novel, and offering incentives to market expressed as a premium/discount the LMM Program’s performance criteria makers to provide liquidity in the (which may be zero) to the NextShares’ product will help ensure its successful ¥ are based on an LMM’s quoting at the next-determined NAV (e.g., NAV $ NBBO. For purposes of the LMM launch. The LMM Program is designed 0.01; NAV+$ 0.01). A NextShares’ next- Program, Nasdaq will use a NextShares’ to improve liquidity in ETPs by determined NAV will be represented at allocating rebates to LMMs that quote at the beginning of each trading day by a 4 For a description of NAV-Based Trading and the national best bid and best offer for proxy price of 100.00. A NextShares’ proxy price, see Rule 5745(b)(3); see also Securities certain percentages of time. As NAV will be determined each business Exchange Act Release No. 73562 (November 7, additional incentive, the LMM Program day, normally no later than 6:45 p.m. 2014), 79 FR 68309 (November 14, 2014) (SR– NASDAQ–2014–020) and Securities Exchange Act Eastern Time. At this time, the day’s Release No. 75815 (September 2, 2015), 80 FR 5 Rule 7014(f)(1)(A). 54349 (September 9, 2015) (SR–NASDAQ–2015– 6 15 U.S.C. 78f. 3 See Rule 5745(c)(1). 103). 7 15 U.S.C. 78f(b)(4) and (5).

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also provides different levels of fee caps incentive programs, to the benefit of all it appears to the Commission that such on the fees assessed for participation in market participants trading NextShares. action is necessary or appropriate in the the Opening and Closing Crosses on public interest, for the protection of C. Self-Regulatory Organization’s Nasdaq. The LMM Program has been investors, or otherwise in furtherance of Statement on Comments on the successful at improving market quality the purposes of the Act. If the Proposed Rule Change Received From in the securities covered by the Commission takes such action, the program. Thus Nasdaq believes the Members, Participants, or Others Commission shall institute proceedings program will be effective at providing No written comments were either to determine whether the proposed rule incentive to market makers on Nasdaq solicited or received. should be approved or disapproved. to become LMMs in NextShares thereby III. Date of Effectiveness of the IV. Solicitation of Comments improving market quality in those Proposed Rule Change and Timing for securities. Nasdaq believes that the Interested persons are invited to Commission Action proposed change to Rule 7014(f) is an submit written data, views, and equitable allocation and is not unfairly Because the foregoing proposed rule arguments concerning the foregoing, discriminatory because all market change does not: (i) Significantly affect including whether the proposed rule makers that are elected to be designated the protection of investors or the public change is consistent with the Act. as LMMs and meet the minimum interest; (ii) impose any significant Comments may be submitted by any of performance criteria have the burden on competition; and (iii) become the following methods: opportunity to qualify for a rebate and operative for 30 days from the date on Electronic Comments which it was filed, or such shorter time fee cap under the program in • NextShares. Nasdaq believes that the as the Commission may designate, it has Use the Commission’s Internet proposed rule change will protect become effective pursuant to Section comment form (http://www.sec.gov/ 8 rules/sro.shtml); or investors and the public interest 19(b)(3)(A) of the Act and Rule 19b– • because it may increase market maker 4(f)(6) thereunder.9 Send an email to rule-comments@ participation in NextShares, which A proposed rule change filed sec.gov. Please include File Number SR– would in turn make the market in pursuant to Rule 19b–4(f)(6) under the NASDAQ–2016–019 on the subject line. NextShares deeper and more liquid than Act 10 normally does not become Paper Comments it would be if NextShares were not operative for 30 days after the date of its • 11 Send paper comments in triplicate included in the program. Deep and filing. However, Rule 19b–4(f)(6)(iii) to Secretary, Securities and Exchange liquid markets protect investors and permits the Commission to designate a Commission, 100 F Street NE., promote the public interest by allowing shorter time if such action is consistent Washington, DC 20549–1090. market participants to buy and sell with the protection of investors and the All submissions should refer to File securities quickly at competitive prices. public interest. The Exchange has asked Number SR–NASDAQ–2016–019. This Lastly, Nasdaq believes that the the Commission to waive the 30-day file number should be included on the proposed use of the term exchange- operative delay so that NextShares may subject line if email is used. To help the traded product in lieu of the terms be included as Qualified Securities in Commission process and review your exchange-traded fund and index-linked the LMM Program on February 26, 2016, comments more efficiently, please use security is consistent with the the first day of trading for NextShares only one method. The Commission will protection of investors and the public on Nasdaq. The Commission believes post all comments on the Commission’s interest because it clarifies the rule text that waiving the 30-day operative delay Internet Web site (http://www.sec.gov/ with a more commonly-used term to is consistent with the protection of rules/sro.shtml). Copies of the describe the securities eligible to be investors and the public interest submission, all subsequent Qualified Securities under the LMM because it could allow NextShares amendments, all written statements Program and does not change the type investors to benefit from potential with respect to the proposed rule of securities eligible to be included in increased liquidity that an LMM could change that are filed with the the program. provide in a Qualified Security as early Commission, and all written as the first day of trading for NextShares B. Self-Regulatory Organization’s communications relating to the on Nasdaq. Therefore, the Commission Statement on Burden on Competition proposed rule change between the hereby waives the operative delay and Commission and any person, other than Nasdaq does not believe that the designates the proposed rule change those that may be withheld from the proposed rule change will result in any operative upon filing.12 public in accordance with the burden on competition that is not At any time within 60 days of the provisions of 5 U.S.C. 552, will be necessary or appropriate in furtherance filing of the proposed rule change, the available for Web site viewing and of the purposes of the Act, as amended. Commission summarily may printing in the Commission’s Public Specifically, the change is designed to temporarily suspend such rule change if improve market quality through the Reference Room, 100 F Street NE., application of an ETP incentive program 8 15 U.S.C. 78s(b)(3)(A). Washington, DC 20549, on official to a type of ETP that is currently not 9 17 CFR 240.19b–4(f)(6). As required under Rule business days between the hours of part of the program. A new ETP 19b–4(f)(6)(iii), the Exchange provided the 10:00 a.m. and 3:00 p.m. Copies of the product, NextShares, may have Commission with written notice of its intent to file filing also will be available for comparatively low liquidity upon the proposed rule change, along with a brief inspection and copying at the principal description and the text of the proposed rule listing. Including NextShares in the change, at least five business days prior to the date office of Nasdaq. All comments received LMM Program is designed to improve of filing of the proposed rule change, or such will be posted without change; the market quality in NextShares. Lastly, to shorter time as designated by the Commission. Commission does not edit personal the extent market quality in NextShares 10 17 CFR 240.19b–4(f)(6). identifying information from improves from inclusion in the LMM 11 17 CFR 240.19b–4(f)(6)(iii). submissions. You should submit only 12 For purposes only of waiving the 30-day Program, the proposed change may operative delay, the Commission has considered the information that you wish to make promote competition among exchanges proposed rule’s impact on efficiency, competition, available publicly. All submissions for new NextShares listings and similar and capital formation. See 15 U.S.C. 78c(f). should refer to File Number SR–

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NASDAQ–2016–019 and should be Percent The following areas have been submitted on or before March 4, 2016. determined to be adversely affected by Non-Profit Organizations With For the Commission, by the Division of the disaster: Credit Available Elsewhere ... 2.625 Trading and Markets, pursuant to delegated Primary Counties: Sarasota. Non-Profit Organizations With- authority.13 Contiguous Counties: out Credit Available Else- Florida: Charlotte, Desoto, Manatee. Robert W. Errett, where ...... 2.625 Deputy Secretary. For Economic Injury: The Interest Rates are: [FR Doc. 2016–02840 Filed 2–11–16; 8:45 am] Businesses & Small Agricultural Percent BILLING CODE 8011–01–P Cooperatives Without Credit Available Elsewhere ...... 4.000 Non-Profit Organizations With- For Physical Damage: out Credit Available Else- Homeowners With Credit Avail- SMALL BUSINESS ADMINISTRATION where ...... 2.625 able Elsewhere ...... 3.625 Homeowners Without Credit [Disaster Declaration #14614 and # 14615] The number assigned to this disaster Available Elsewhere ...... 1.813 Businesses With Credit Avail- Florida Disaster #FL–00110 for physical damage is 14614 C and for able Elsewhere ...... 6.000 economic injury is 14615 0. AGENCY: U.S. Small Business Businesses Without Credit The State which received an EIDL Administration. Available Elsewhere ...... 4.000 Declaration # is Florida. Non-Profit Organizations With ACTION: Notice. (Catalog of Federal Domestic Assistance Credit Available Elsewhere ... 2.625 Non-Profit Organizations With- SUMMARY: This is a notice of an Number 59008) out Credit Available Else- Administrative declaration of a disaster Dated: February 5, 2016. where ...... 2.625 for the State of Florida dated 02/05/ Maria Contreras-Sweet, For Economic Injury: 2016. Administrator. Businesses & Small Agricultural Incident: Tornado Cooperatives Without Credit Incident Period: 01/09/2016. [FR Doc. 2016–02874 Filed 2–11–16; 8:45 am] Available Elsewhere ...... 4.000 Effective Date: 02/05/2016. BILLING CODE 8025–01–P Non-Profit Organizations With- Physical Loan Application Deadline out Credit Available Else- Date: 04/05/2016. where ...... 2.625 Economic Injury (EIDL) Loan SMALL BUSINESS ADMINISTRATION Application Deadline Date: 11/07/2016. The number assigned to this disaster ADDRESSES: Submit completed loan [Disaster Declaration #14616 and #14617] for physical damage is 14616 C and for applications to: U.S. Small Business economic injury is 14617 0. Administration, Processing and Florida Disaster #FL–00111 The State which received an EIDL Declaration # is Florida. Disbursement Center, 14925 Kingsport AGENCY: U.S. Small Business Road, Fort Worth, TX 76155. Administration. (Catalog of Federal Domestic Assistance FOR FURTHER INFORMATION CONTACT: A. Number 59008) ACTION: Notice. Escobar, Office of Disaster Assistance, Dated: February 5, 2016. U.S. Small Business Administration, SUMMARY: This is a notice of an Maria Contreras-Sweet, 409 3rd Street, SW., Suite 6050, Administrative declaration of a disaster Washington, DC 20416. Administrator. for the State of Florida dated 02/05/ [FR Doc. 2016–02873 Filed 2–11–16; 8:45 am] SUPPLEMENTARY INFORMATION: Notice is 2016. BILLING CODE 8025–01–P hereby given that as a result of the Incident: Severe Storms and a Administrator’s disaster declaration, Tornado. applications for disaster loans may be Incident Period: 01/15/2016 through SMALL BUSINESS ADMINISTRATION filed at the address listed above or other 01/17/2016. locally announced locations. Effective Date: 02/05/2016. [Disaster Declaration #14620] The following areas have been Physical Loan Application Deadline determined to be adversely affected by Michigan Disaster #MI–00054 Date: 04/05/2016. Declaration of Economic Injury the disaster: Economic Injury (EIDL) Loan Primary Counties: Lee. Application Deadline Date: 11/07/2016. AGENCY: U.S. Small Business Contiguous Counties: Administration. Florida: Charlotte, Collier, Glades, ADDRESSES: Submit completed loan ACTION: Notice. Hendry. applications to: U.S. Small Business Administration, Processing and SUMMARY: This is a notice of an The Interest Rates are: Disbursement Center, 14925 Kingsport Economic Injury Disaster Loan (EIDL) Road, Fort Worth, TX 76155. Percent declaration for the State of Michigan, FOR FURTHER INFORMATION CONTACT: A. dated 02/05/2016. For Physical Damage: Escobar, Office of Disaster Assistance, Incident: Contaminated Public Water Homeowners With Credit Avail- U.S. Small Business Administration, Supply. able Elsewhere ...... 3.625 409 3rd Street SW., Suite 6050, Incident Period: 10/01/2015 and Homeowners Without Credit Washington, DC 20416. continuing. Available Elsewhere ...... 1.813 Businesses With Credit Avail- SUPPLEMENTARY INFORMATION: Notice is Effective Date: 02/05/2016. able Elsewhere ...... 6.000 hereby given that as a result of the EIDL Loan Application Deadline Date: Businesses Without Credit Administrator’s disaster declaration, 11/07/2016. Available Elsewhere ...... 4.000 applications for disaster loans may be ADDRESSES: Submit completed loan filed at the address listed above or other applications to: U.S. Small Business 13 17 CFR 200.30–3(a)(12). locally announced locations. Administration, Processing and

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Disbursement Center, 14925 Kingsport equity financing to Drive Source include the following areas as adversely Road, Fort Worth, TX 76155. International, 7900 Durand Avenue, affected by the disaster. FOR FURTHER INFORMATION CONTACT: A. Sturtevant, WI 53177. The financing by Primary Counties: Bryan, Garfield, Escobar, Office of Disaster Assistance, C3 Capital Partners III, L.P. will Greer. U.S. Small Business Administration, discharge obligations held by C3 Capital All other information in the original 409 3rd Street SW., Suite 6050, Partners II, L.P., LLC. declaration remains unchanged. Washington, DC 20416. This financing is brought within the (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) SUPPLEMENTARY INFORMATION: Notice is purview of § 107.730 of the Regulations because C3 Capital Partners III, L.P. and hereby given that as a result of the James E. Rivera, Administrator’s EIDL declaration, C3 Capital Partners II, L.P. are Associates and C3 Capital Partners II, Associate Administrator for Disaster applications for economic injury Assistance. disaster loans may be filed at the L.P., holds over five percent of the equity in DSI, therefore this transaction [FR Doc. 2016–02930 Filed 2–11–16; 8:45 am] address listed above or other locally BILLING CODE 8025–01–P announced locations. requires prior SBA exemption. The following areas have been Notice is hereby given that any interested person may submit written determined to be adversely affected by SMALL BUSINESS ADMINISTRATION the disaster: comments on the transaction, within fifteen days of the date of this [Disaster Declaration # 14623 and # 14624] Primary Counties: Genesee. publication, to the Associate Contiguous Counties: Administrator for Investment and Arkansas Disaster # AR–00087 Michigan: Lapeer, Livingston, Innovation, U.S. Small Business Oakland, Saginaw, Shiawassee, AGENCY: U.S. Small Business Administration, 409 Third Street SW., Tuscola. Administration. Washington, DC 20416. ACTION: The Interest Rates are: Notice. Mark Walsh, SUMMARY: This is a Notice of the Percent Associate Administrator for Office of Investment and Innovation. Presidential declaration of a major disaster for Public Assistance Only for Businesses and Small Agricultural [FR Doc. 2016–02872 Filed 2–11–16; 8:45 am] the State of Arkansas (FEMA–4254–DR), Cooperatives Without Credit BILLING CODE P Available Elsewhere ...... 4.000 dated 02/05/2016. Non-Profit Organizations Without Incident: Severe Storms, Tornadoes, Credit Available Elsewhere ...... 4.000 SMALL BUSINESS ADMINISTRATION Straight-line Winds, and Flooding. Incident Period: 12/26/2015 through The number assigned to this disaster [Disaster Declaration #14585 and #14586] 01/22/2016. for economic injury is 146200. Effective Date: 02/05/2016. The States which received an EIDL Oklahoma Disaster Number OK–00098 Physical Loan Application Deadline Declaration # are Michigan. AGENCY: U.S. Small Business Date: 04/05/2016. (Catalog of Federal Domestic Assistance Administration. Economic Injury (EIDL) Loan Number 59002) Application Deadline Date: 11/07/2016. ACTION: Amendment 1. Dated: February 5, 2016. ADDRESSES: Submit completed loan Maria Contreras-Sweet, SUMMARY: This is an amendment of the applications to: U.S. Small Business Administrator. Presidential declaration of a major Administration, Processing and disaster for Public Assistance Only for Disbursement Center, 14925 Kingsport [FR Doc. 2016–02928 Filed 2–11–16; 8:45 am] the State of Oklahoma (FEMA–4247– Road, Fort Worth, TX 76155. BILLING CODE 8025–01–P DR), dated 12/29/2015. FOR FURTHER INFORMATION CONTACT: A. Incident: Severe Winter Storms and Escobar, Office of Disaster Assistance, SMALL BUSINESS ADMINISTRATION Flooding. U.S. Small Business Administration, Incident Period: 11/27/2015 through 409 3rd Street SW., Suite 6050, [C3 Capital Partners III, L.P.; License No. 11/29/2015. Washington, DC 20416. 07/07–0118] Effective Date: 02/03/2016. SUPPLEMENTARY INFORMATION: Notice is Physical Loan Application Deadline hereby given that as a result of the Notice Seeking Exemption Under Date: 02/29/2016. Section 312 of the Small Business Economic Injury (EIDL) Loan President’s major disaster declaration on Investment Act, Conflicts of Interest Application Deadline Date: 09/29/2016. 02/05/2016, Private Non-Profit organizations that provide essential ADDRESSES: Notice is hereby given that C3 Capital Submit completed loan services of governmental nature may file Partners III, L.P., 1511 Baltimore applications to: U.S. Small Business disaster loan applications at the address Avenue, Suite 500, Kansas City, MO Administration, Processing and listed above or other locally announced 64108, a Federal Licensee under the Disbursement Center, 14925 Kingsport locations. Small Business Investment Act of 1958, Road, Fort Worth, TX 76155. The following areas have been as amended (‘‘the Act’’), in connection FOR FURTHER INFORMATION CONTACT: A. determined to be adversely affected by with the financing of a small concern, Escobar, Office of Disaster Assistance, the disaster: has sought an exemption under Section U.S. Small Business Administration, Primary Counties: 312 of the Act and Section 107.730, 409 3rd Street SW., Suite 6050, Benton, Boone, Bradley, Calhoun, Financings which constitute Conflicts of Washington, DC 20416. Carroll, Clay, Crawford, Dallas, Interest of the Small Business SUPPLEMENTARY INFORMATION: The notice Drew, Franklin, Greene, Administration (‘‘SBA’’) Rules and of the President’s major disaster Independence, Izard, Lawrence, Regulations (13 CFR 107). Midwest declaration for Private Non-Profit Little River, Logan, Madison, Mezzanine Fund V SBIC, L.P., proposes organizations in the State of Oklahoma, Marion, Mississippi, Montgomery, providing subordinated debt and private dated 12/29/2015, is hereby amended to Ouachita, Perry, Pike, Polk,

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Randolph, Scott, Searcy, Stone, The following areas have been SURFACE TRANSPORTATION BOARD Washington, White, Woodruff, Yell. determined to be adversely affected by [Docket No. FD 35992] The Interest Rates are: the disaster: Primary Counties (Physical Damage and Wisconsin Central Ltd.—Trackage For Physical Damage: Economic Injury Loans): Rights Exemption—Lines of Union Non-Profit Organizations Pacific Railroad Company and Illinois With Credit Available Benton, Carroll, Crawford, Faulkner, Central Railroad Company Elsewhere ...... 2.625 Jackson, Jefferson, Lee, Little River, Non-Profit Organizations Perry, Sebastian, Sevier. Illinois Central Railroad Company Without Credit Available Contiguous Counties (Economic Injury (IC), pursuant to a written trackage Elsewhere ...... 2.625 Loans Only): rights agreement,1 has agreed to grant For Economic Injury: 2 Non-Profit Organizations Arkansas: Wisconsin Central Ltd. (WCL) overhead trackage rights over Without Credit Available Arkansas, Boone, Cleburne, Elsewhere ...... 2.625 connecting rail lines owned by Union Cleveland, Conway, Craighead, Pacific Railroad Company (UP) and IC, Crittenden, Cross, Franklin, The number assigned to this disaster between milepost AO 36.7 at Joliet, and Garland, Grant, Hempstead, milepost AH 41.13 at South Joliet, in for physical damage is 14623B and for Howard, Independence, Lawrence, economic injury is 14624B. Will County, Ill., a distance of Lincoln, Logan, Lonoke, Madison, approximately 4.43 miles.3 (Catalog of Federal Domestic Assistance Miller, Monroe, Newton, Phillips, The transaction may be consummated Numbers 59008) Poinsett, Polk, Pulaski, Saint on February 27, 2016, the effective date Lisa Lopez-Suarez, Francis, Saline, Scott, Van Buren, of the exemption (30 days after the Acting Associate Administrator for Disaster Washington, White, Woodruff, Yell. exemption was filed). Assistance. Missouri: WCL states that the proposed trackage [FR Doc. 2016–02929 Filed 2–11–16; 8:45 am] Barry, McDonald, Stone, Taney. rights will facilitate the efficient provision of service to and from a rail- BILLING CODE 8025–01–P Mississippi: served logistics facility at Joliet, via a Tunica. switch connection located on UP’s line. SMALL BUSINESS ADMINISTRATION Oklahoma: WCL states also that by allowing more Adair, Delaware, Le Flore, McCurtain, direct service and enhancing crew [Disaster Declaration #14621 and #14622] Sequoyah. utilization, the proposed transaction will improve rail operations within the Texas: Arkansas Disaster #AR–00086 Chicago terminal area to the benefit of Bowie. WCL, IC, and UP. AGENCY: U.S. Small Business The Interest Rates are: As a condition to this exemption, any Administration. employees affected by the trackage ACTION: Notice rights will be protected by the conditions imposed in Norfolk & SUMMARY: This is a Notice of the For Physical Damage: Western Railway—Trackage Rights— Presidential declaration of a major Homeowners With Credit Available Elsewhere ...... 3.625 Burlington Northern, Inc., 354 I.C.C. 605 disaster for the State of Arkansas Homeowners Without Credit (1978), as modified in Mendocino Coast (FEMA–4254–DR), dated 02/05/2016. Available Elsewhere ...... 1.813 Railway—Lease & Operate—California Incident: Severe Storms, Tornadoes, Businesses With Credit Avail- Western Railroad, 360 I.C.C. 653 (1980). Straight-line Winds, and Flooding. able Elsewhere ...... 6.000 This notice is filed under 49 CFR Incident Period: 12/26/2015 through Businesses Without Credit 1180.2(d)(7). If the notice contains false 01/22/2016. Available Elsewhere ...... 4.000 or misleading information, the Effective Date: 02/05/2016. Non-Profit Organizations With exemption is void ab initio. Petitions to Physical Loan Application Deadline Credit Available Elsewhere 2.625 revoke the exemption under 49 U.S.C. Non-Profit Organizations Date: 04/05/2016. Without Credit Available 10502(d) may be filed at any time. The Economic Injury (EIDL) Loan Elsewhere ...... 2.625 filing of a petition to revoke will not Application Deadline Date: 11/07/2016. For Economic Injury: automatically stay the effectiveness of ADDRESSES: Submit completed loan Businesses & Small Agricul- the exemption. Petitions for stay must applications to: U.S. Small Business tural Cooperatives Without be filed by February 19, 2016 (at least Administration, Processing and Credit Available Elsewhere 4.000 Non-Profit Organizations 1 Disbursement Center, 14925 Kingsport An executed copy of the amendment to the 2009 Without Credit Available agreement between IC and WCL was filed with the Road, Fort Worth, TX 76155. Elsewhere ...... 2.625 notice of exemption. A redacted version of the FOR FURTHER INFORMATION CONTACT: A. underlying 1987 trackage rights agreement between Escobar, Office of Disaster Assistance, IC and UP (as amended) was also filed with the The number assigned to this disaster notice. An unredacted version of the 1987 U.S. Small Business Administration, for physical damage is 14621B and for agreement was filed under seal along with a motion 409 3rd Street SW., Suite 6050, economic injury is 146220. for protective order, which will be addressed in a Washington, DC 20416. separate decision. (Catalog of Federal Domestic Assistance 2 WCL and IC are indirect subsidiaries of SUPPLEMENTARY INFORMATION : Notice is Numbers 59008) Canadian National Railway Company. hereby given that as a result of the 3 WCL states that numeric mileposting on the line President’s major disaster declaration on Lisa Lopez-Suarez, is continuous (measured from Chicago Union 02/05/2016, applications for disaster Acting Associate Administrator for Disaster station), but the alpha prefix designation changes loans may be filed at the address listed Assistance. from AO to AH at milepost 38.5. WCL also states that the distances between terminal mileposts on above or other locally announced [FR Doc. 2016–02931 Filed 2–11–16; 8:45 am] the line can be measured without regard to the locations. BILLING CODE 8025–01–P alpha prefixes.

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seven days before the exemption ADDRESSES: You may submit comments notice (FMCSA–2015–0460), indicate becomes effective). identified by Federal Docket the specific section of this document to An original and 10 copies of all Management System (FDMS) Number which the comment applies, and pleadings, referring to Docket No. FD FMCSA–2015–0460 by any of the provide a reason for suggestions or 35992, must be filed with the Surface following methods: recommendations. You may submit Transportation Board, 395 E Street SW., • Federal eRulemaking Portal: your comments and material online or Washington, DC 20423–0001. In www.regulations.gov. Follow the online by fax, mail, or hand delivery, but addition, a copy of each pleading must instructions for submitting comments. please use only one of these means. be served on Robert A. Wimbish, • Mail: Docket Management Facility, FMCSA recommends that you include Fletcher & Sippel LLC, 29 North Wacker U.S. Department of Transportation, 1200 your name and a mailing address, an Drive, Suite 920, Chicago, IL 60606. New Jersey Avenue SE., West Building, email address, or a phone number in the According to WCL, this action is Ground Floor, Room W12–140, body of your document so the Agency categorically excluded from Washington, DC 20590–0001. can contact you if it has questions environmental review under 49 CFR • Hand Delivery or Courier: West regarding your submission. 1105.6(c). Building, Ground Floor, Room W12– To submit your comments online, go Board decisions and notices are 140, 1200 New Jersey Avenue SE., to www.regulations.gov and put the available on our Web site at between 9 a.m. and 5 p.m., Monday docket number, ‘‘FMCSA–2015–0460’’ ‘‘WWW.STB.DOT.GOV.’’ through Friday, except Federal holidays. in the ‘‘Keyword’’ box, and click Decided: February 9, 2016. • Fax: 1–202–493–2251 ‘‘Search.’’ When the new screen • appears, click on ‘‘Comment Now!’’ By the Board, Rachel D. Campbell, Each submission must include the Director, Office of Proceedings. Agency name and the docket number for button and type your comment into the this notice. Note that DOT posts all text box in the following screen. Choose Kenyatta Clay, whether you are submitting your Clearance Clerk. comments received without change to www.regulations.gov, including any comment as an individual or on behalf [FR Doc. 2016–02903 Filed 2–11–16; 8:45 am] personal information included in a of a third party and then submit. An BILLING CODE 4915–01–P comment. Please see the Privacy Act option to upload a file is provided. If heading below. you submit your comments by mail or Docket: For access to the docket to hand delivery, submit them in an 1 DEPARTMENT OF TRANSPORTATION read background documents or unbound format, no larger than 8 ⁄2 by comments, go to www.regulations.gov at 11 inches, suitable for copying and Federal Motor Carrier Safety electronic filing. If you submit Administration any time or visit Room W12–140 on the ground level of the West Building, 1200 comments by mail and would like to [Docket No. FMCSA–2015–0460] New Jersey Avenue SE., Washington, know that they reached the facility, DC, between 9 a.m. and 5 p.m., ET, please enclose a stamped, self-addressed Hours of Service of Drivers: Monday through Friday, except Federal postcard or envelope. FMCSA will Farruggio’s Express, Application for holidays. The on-line FDMS is available consider all comments and material Exemption 24 hours each day, 365 days each year. received during the comment period in Privacy Act: In accordance with 5 deciding whether to grant or deny this AGENCY: Federal Motor Carrier Safety application. Administration (FMCSA), DOT. U.S.C. 553(c), DOT solicits comments ACTION: Notice of application for from the public to better inform its Viewing Comments and Documents exemption; request for comments. rulemaking process. DOT posts these To view comments, as well as comments, without edit, including any documents mentioned in this preamble SUMMARY: FMCSA announces that it has personal information the commenter as being available in the docket, go to received an application from Farruggio’s provides, to www.regulations.gov, as www.regulations.gov and insert the Express (Farruggio) for an exemption described in the system of records docket number, ‘‘FMCSA–2015–0460’’ from timecard requirements for its notice (DOT/ALL–14 FDMS), which can in the ‘‘Keyword’’ box and click drivers who may not meet all of the be reviewed at www.dot.gov/privacy. ‘‘Search.’’ Next, click ‘‘Open Docket conditions for utilization of the 100 air- FOR FURTHER INFORMATION CONTACT: For Folder’’ button and choose the mile radius log book exemption in that information concerning this notice, document listed to review. If you do not section. The request would exempt contact Mr. Richard Clemente, FMCSA have access to the Internet, you may Farruggio’s drivers who stay within the Driver and Carrier Operations Division; view the docket online by visiting the 100 air-mile radius, but may Office of Carrier, Driver and Vehicle Docket Management Facility in Room occasionally exceed the 12 hour Safety Standards; Telephone: 202–366– W12–140 on the ground floor of the limitation, from having to complete a 4325. Email: [email protected]. If you DOT West Building, 1200 New Jersey daily record of duty status (RODS). have questions on viewing or submitting Avenue SE., Washington, DC 20590, Farruggio states that its entire fleet of material to the docket, contact Docket between 9 a.m. and 5 p.m., e.t., Monday commercial motor vehicles (CMVs) is Services, telephone (202) 366–9826. through Friday, except Federal holidays. equipped with Global Positioning SUPPLEMENTARY INFORMATION: System (GPS) vehicle tracking devices, II. Legal Basis which it believes justifies the request for I. Public Participation and Request for FMCSA has authority under 49 U.S.C. this exemption and provides an Comments 31136(e) and 31315 to grant exemptions equivalent or greater level of safety than FMCSA encourages you to participate from certain parts of the Federal Motor would be obtained by complying with by submitting comments and related Carrier Safety Regulations. FMCSA must the regulations. FMCSA requests public materials. publish a notice of each exemption comment on Farruggio’s application for request in the Federal Register (49 CFR exemption. Submitting Comments 381.315(a)). The Agency must provide DATES: Comments must be received on If you submit a comment, please the public an opportunity to inspect the or before March 14, 2016. include the docket number for this information relevant to the application,

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including any safety analyses that have While Farruggio meets the and State partners by granting them been conducted. The Agency must also requirements of the 100 air-mile radius access at any time through Farruggio’s provide an opportunity for public exemption, and believes that its drivers’ Web portal or conducting an on-site comment on the request. hours are being recorded accurately, the Compliance Review of the carrier; company has embarked on the use of a The Agency reviews safety analyses • Farruggio will maintain a vehicle recording device called the Geo and public comments submitted, and Satisfactory safety rating; determines whether granting the Tab 7 that it says exceeds the recording • exemption would likely achieve a level requirements of the exempt RODS. Farruggio’s drivers will carry a copy of safety equivalent to, or greater than, Farruggio states that the use of this of the exemption with them when the level that would be achieved by the device further increases the safety operating the CMV; current regulation (49 CFR 381.305). performance of its drivers and • Farruggio will conduct a minimum The decision of the Agency must be accurately records all of their activities of four safety meetings per year at each published in the Federal Register (49 including on-duty and driving time as of their individual terminals; CFR 381.315(b)) with the reasons for well as total hours for that day. The Geo • Farruggio will continue its ongoing denying or granting the application and, Tab 7 has been installed in all of immediate notification and training for if granted, the name of the person or Farruggio’s CMVs. According to the class of persons receiving the application, this system will exceed the any of its drivers who exceeds a speed exemption, and the regulatory provision requirements of FMCSA’s final rule on limit; and from which the exemption is granted. Electronic Logging Devices published • Farruggio will continue its ongoing The notice must also specify the on December 16, 2015 (80 FR 78292). It immediate notification and training for effective period and explain the terms allows Farruggio to track vehicles any of its drivers who may exceed the and conditions of the exemption. The through the use of GPS positioning, HOS limits. monitors all vehicle activities through exemption may be renewed (49 CFR Relating to some of these conditions 381.300(b)). connection to the engine control module and accurately reports hours driven and listed, the electronic reporting system III. Request for Exemption hours worked daily. further enables Farruggio to track and advise its CMV drivers of the following Farruggio provides service to railroad Farruggio states that the use of a daily events: (1) Idling over 5 minutes, (2) ramps and maritime piers in the eastern RODS or exempt log book does not enable the company to monitor and United States. Its regional programs also speeding, (3) dangerous driving respond to certain events in a timely include truckload and less-than- including hard braking, harsh cornering manner, since it is unaware of them truckload service (dry van, flat bed and and harsh acceleration, and (4) seat belt until the RODS are audited when turned reefers) as well as piggyback and use. Every time a driver exceeds posted in by the drivers at the end of the week. container service. Farruggio expects that speed limits an email alert is sent to Conversely, with the use of the all of their drivers—approximately 95 to Farruggio’s safety department, and electronic system, Farruggio sees events 100—and CMVs would operate under company and terminal management. as they occur in real time and can the terms of the requested exemption. Drivers are notified via email and phone respond immediately. when safe to do so, advising them of the According to Farruggio, virtually all Farruggio believes that the use of the need to slow down. Drivers also receive of its drivers operate within a 50- to 60- electronic system, along with its email notifications, letters, and phone mile radius of their home terminal. increased focus on driver training and They are home every day and for the education, goes beyond simple calls for instances of harsh cornering most part meet the current exemption compliance with the Federal regulations and hard braking. When notified of requirements and conditions of the 100 and raises the company’s efforts to more these critical events, Farruggio’s drivers air-mile radius driver (49 CFR than basic compliance. The system has receive critical information on why and 395.1(e)(1)). Some of these drivers allowed and will continue to allow how to improve vehicle handling to record their hours worked on an Farruggio to provide additional timely avoid rollovers, and how to better judge ‘‘exempt’’ record of duty status (RODS), oversight of safety issues and has following distance and other issues to while others record time in and time out improved and will enable it to enhance avoid hard braking. Since and total hours worked for the day on safety and reduce fatigue. Farruggio implementation of the electronic system a worksheet provided by Farruggio. This believes that the request for exemption and Farruggio’s notification of speeding exemption request would enable goes beyond what is minimally required events, speeding has been decreased Farruggio’s drivers who stay within the by the present exempt RODS provisions, over 95%. 100 air-mile radius, but occasionally and will increase safety, compliance A copy of Farruggio’s application for exceed the 12-hour limitation, from and protect the motoring public. having to complete a daily RODS on exemption is available for review in the days when they exceed the 12-hour IV. Method To Ensure an Equivalent or docket for this notice. limit. On a weekly basis, Farruggio Greater Level of Safety Issued on: February 3, 2016. averages about 12% of their drivers Farruggio states that it is committed to Larry W. Minor, exceeding the 12-hour limitation, a partnership with FMCSA that will Associate Administrator for Policy. primarily due to waiting times at rail enhance overall vehicle safety and [FR Doc. 2016–02896 Filed 2–11–16; 8:45 am] yards and piers. The drivers who protect the lives of all that company occasionally exceed the 12-hour drivers interact with. BILLING CODE 4910–EX–P limitation return to the terminal within If this exemption is granted, Farruggio the 14-hour work limit. On average proposes to implement the following Farruggio sees less than .03% of its conditions on the use of this exemption: drivers exceeding the 14-hour limit. In • Allow FMCSA and the State the exemption request, Farruggio states enforcement partners access to its data that these drivers will not exceed the as both a monitoring and training tool. 14-hour rule limit. This would be provided to the Agency

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DEPARTMENT OF TRANSPORTATION clarity of the information being required railroads/track owners to audit collected; and (iv) ways for FRA to bridge management programs and Federal Railroad Administration minimize the burden of information bridge inspections and to keep records collection activities on the public by mandated under 49 CFR part 237. This [Docket No. FRA 2016–0002–N–4] automated, electronic, mechanical, or final rule culminated FRA’s efforts to Proposed Agency Information other technological collection develop and promulgate bridge safety Collection Activities; Comment techniques or other forms of information regulations and fulfilled the Railroad Request technology (e.g., permitting electronic Safety Improvement Act of 2008 (Pub. L. submission of responses). See 44 U.S.C. 110–432, Division A) mandate. AGENCY: Federal Railroad 3506(c)(2)(A)(I)–(iv); 5 CFR The information collected is used by Administration (FRA), Department of 1320.8(d)(1)(I)–(iv). FRA believes that FRA to ensure that railroads/track Transportation. soliciting public comment will promote owners meet Federal standards for ACTION: Notice and request for its efforts to reduce the administrative bridge safety and comply with all the comments. and paperwork burdens associated with requirements of this regulation. In the collection of information mandated particular, the collection of information SUMMARY: FRA hereby gives notice that by Federal regulations. In summary, is used by FRA to confirm that it is submitting the following FRA reasons that comments received railroads/track owners adopt and information collection request (ICR) to will advance three objectives: (i) Reduce implement bridge management the Office of Management and Budget reporting burdens; (ii) ensure that it programs to properly inspect, maintain, (OMB) for Emergency Processing under organizes information collection modify, and repair all bridges that carry the Paperwork Reduction Act of 1995. requirements in a ‘‘user friendly’’ format trains over them for which they are FRA requests that OMB authorize the to improve the use of such information; responsible. Railroads/track owners collection of information identified and (iii) accurately assess the resources must conduct annual inspections of below seven days after publication of expended to retrieve and produce railroad bridges. Further, railroads/track this Notice for a period of 180 days. information requested. See 44 U.S.C. owners must incorporate provisions for FOR FURTHER INFORMATION CONTACT: Mr. 3501. internal audit into their bridge Robert Brogan, Information Collection Organizations and individuals management program and must conduct Clearance Officer, Regulatory Safety desiring to submit comments on these internal audits of bridge inspection Analysis Division, RRS–21, Federal information collection requirements reports. The internal audit information Railroad Administration, 1200 New should send them directly to the Office is used by railroads/track owners to Jersey Ave. SE., Mail Stop 25, of Management and Budget, Office of verify that the inspection provisions of Washington, DC 20590 (telephone: (202) Information and Regulatory Affairs, 725 the bridge management program are 493–6292) or Ms. Kimberly Toone, 17th St. NW., Washington, DC 20503, being followed and to continually Information Collection Clearance Attention: FRA Desk Officer. Comments evaluate the effectiveness of their bridge Officer, Office of Information may also be sent via email to the Office management program and bridge of Management and Budget at the inspection activities. FRA uses this Technology, RAD–20, Federal Railroad _ Administration, 1200 New Jersey Ave. following address: oira submissions@ information to ensure that railroads/ SE., Mail Stop 35, Washington, DC omb.eop.gov. track owners implement a safe and Below is a brief summary of the effective bridge management program 20590 (telephone: (202) 493–6132). currently approved ICR that FRA will and bridge inspection regime. (These telephone numbers are not toll- submit for clearance by OMB as On December 4, 2015, President free.) required under the PRA: Obama signed into law the Fixing SUPPLEMENTARY INFORMATION: The Title: Bridge Safety Standards. America’s Surface Transportation Act Paperwork Reduction Act of 1995 OMB Control Number: 2130–0586. (FAST Act) (Pub. L. 114–94). Section (PRA), Public Law 104–13, sec. 2, 109 Abstract: On July 15, 2010, FRA 11405, ‘‘Bridge Inspection Reports,’’ Stat. 163 (1995) (codified as revised at published its Bridge Safety Standards provides a means for a State or a 44 U.S.C. 3501–3520), and its Final Rule. See 75 FR 41281. The final political subdivision of a State to obtain implementing regulations, 5 CFR part rule on bridge safety standards a public version of a bridge inspection 1320, require Federal agencies to normalized and established federal report generated by a railroad for a provide notice to the public for requirements for railroad bridges. The bridge located within their respective comment on information collection final rule established minimum jurisdiction. While the FAST Act activities before seeking approval for requirements to assure the structural specifies that requests for such reports reinstatement or renewal by OMB. 44 integrity of railroad bridges and to are to be filed with the Secretary of U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), protect the safe operation of trains over Transportation, the responsibility for 1320.10(e)(1), 1320.12(a). Specifically, those bridges. The final rule required fulfilling these requests is delegated to FRA invites interested respondents to railroads/track owners to implement FRA. See 49 CFR 1.89. comment on the following summary of bridge management programs to prevent FRA is revising its currently approved proposed information collection the deterioration of railroad bridges and information collection to account for the activities regarding (i) whether the to reduce the risk of human casualties, additional burden that will be incurred information collection activities are environmental damage, and disruption by States and political subdivisions of necessary for FRA to properly execute to the Nation’s transportation system States requesting a public version of a its functions, including whether the that would result from a catastrophic bridge inspection report generated by a activities will have practical utility; (ii) bridge failure. Bridge management railroad for a bridge located within their the accuracy of FRA’s estimates of the programs were required to include respective jurisdiction. FRA has burden of the information collection annual inspection of bridges as well as developed a new Form titled ‘‘Bridge activities, including the validity of the special inspections, which must be Inspection Report Public Version methodology and assumptions used to conducted if natural or accidental Request Form’’ to facilitate such determine the estimates; (iii) ways for events cause conditions that warrant requests by States and their political FRA to enhance the quality, utility, and such inspections. Lastly, the final rule subdivisions. Additionally, FRA is

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revising its currently approved procedures since they would be Therefore, FRA is requesting OMB information collection to account for the reasonably likely to disrupt the approval as soon as possible (i.e., 7 days additional burden that will be incurred collection of information. With the after publication of this Notice) for this by railroads to provide the public recent passage of the FAST Act, FRA collection of information. version of a bridge inspection report expects States and their political Form Number(s): FRA F 6180.167. upon agency request to FRA. subdivisions to immediately request a Affected Public: States/Political As provided under 49 CFR 1320.13, public version of bridge inspection Subdivisions of States and Businesses. FRA is requesting emergency processing reports that affect critical infrastructure for this new collection of information as within their jurisdiction to ensure Respondent Universe: 50 States/State specified in the Paperwork Reduction public safety. Upon receipt of such Political Subdivisions and 693 Act of 1995 and its implementing requests, FRA will require railroads to Railroads. regulations. FRA cannot reasonably submit to the agency a public version of Frequency of Submission: On comply with normal clearance the most recent bridge inspection report. occasion.

REPORTING BURDEN

Average time per Total annual CFR section Respondent universe Total annual responses response burden hours

NEW FAST ACT REQUIREMENTS: —Form FRA F 6180.167 ...... 50 States/State Political 75 forms ...... 5 minutes ...... 6 Subdivision. —Railroad Submission to FRA of Bridge In- 693 Railroads ...... 75 reports ...... 60 minutes ...... 75 spection Report—Public Version. 237.3—Notifications to FRA of Assignment of 693 Railroads ...... 15 notifications ...... 90 minutes ...... 22.5 Bridge Responsibility. —Signed Statement by Assignee Con- 693 Railroads ...... 15 signed statements ... 30 minutes ...... 7.5 cerning Bridge Responsibility. 237.9—Waivers—Petitions ...... 693 Railroads ...... 6 petitions ...... 4 hours ...... 24 23731/33—Development/Adoption of Bridge 693 Railroads ...... 5 plans ...... 24 hours ...... 120 Management Program. 237.57—Designation of Qualified Individuals ...... 693 Railroads ...... 1,000 designations ...... 30 minutes ...... 400 237.71—Determination of Bridge Load Capac- 693 Railroads ...... 2,000 determinations ... 8 hours ...... 16,000 ities. 237.73—Issuance of Instructions to Railroad 693 Railroads ...... 2,000 instructions ...... 2 hours ...... 4,000 Personnel by Track Owner. 237.105—Special Bridge Inspections and Re- 693 Railroads ...... 7,500 insp. and reports/ 12.50 hours ...... 93,750 ports/Records. records. —Special Underwater Inspections ...... 693 Railroads ...... 50 insp. and Reports/ 40 hours ...... 2,000 rcds. 237.107 and 237.109—Nationwide Annual 693 Railroads ...... 15,450 insp. & reports 4 hours ...... 61,800 Bridge Inspections—Reports. —Records ...... 693 Railroads ...... 15,450 records ...... 1 hour ...... 15,450 —Report of Deficient Condition on a Bridge 693 Railroads ...... 50 reports ...... 30 minutes ...... 25 237.111—Review of Bridge Inspection Reports 693 Railroads ...... 2,000 insp. rpt. reviews 30 minutes ...... 1,000 by RR Bridge Engineers. —Prescription of Bridge Insp. Procedure 693 Railroads ...... 200 insp. proc. modi- 30 minutes ...... 100 Modifications After Review. fications. 237.131—Design of Bridge Modifications or 693 Railroads ...... 1,250 designs ...... 16 hours ...... 20,000 Bridge Repairs. —Bridge Modification Repair Reviews/Su- 693 Railroads ...... 1,250 br. mod. repair 1.50 hours ...... 1,875 pervisory Efforts. reviews. —Common Standard Designed by Railroad 693 Railroads ...... 50 standards ...... 24 hours ...... 1,200 Bridge Engineer. 237.153—Audits of Inspections ...... 693 Railroads ...... 725 insp. audits ...... 80 hours/24 hours/6 5,534 hours. 237.155—Documents and Records: —Establishment of RR Monitoring and Info. 693 Railroads ...... 5 systems ...... 80 hours ...... 400 Technology Security Systems for Elec- tronic Recordkeeping. —Employees Trained in System ...... 693 Railroads ...... 100 employees ...... 8 hours ...... 800

Total Estimated Responses for New Type of Request: Emergency displays a currently valid OMB control FAST Act Requirements: 150. Clearance to the revision of a currently number. Total Estimated Responses for Entire approved information collection. Authority: 44 U.S.C. 3501–3520. Information Collection: 49,271. Pursuant to 44 U.S.C. 3507(a) and 5 Total Estimated Total Annual Burden Issued in Washington, DC, on February 9, CFR 1320.5(b), 1320.8(b)(3)(vi), FRA for New FAST Act Requirements: 81 2016. hours. informs all interested parties that it may Corey Hill, Total Estimated Total Annual Burden not conduct or sponsor, and a Acting Executive Director. Entire Information Collection: 224,689 respondent is not required to respond [FR Doc. 2016–02892 Filed 2–11–16; 8:45 am] hours. to, a collection of information unless it BILLING CODE 4910–06–P

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DEPARTMENT OF VETERANS DATES: These corrections will be As a clarification, that sentence is AFFAIRS effective as of February 12, 2016. being replaced with the following sentence: West Los Angeles VA Medical Center; Correction Draft Master Plan ‘‘Specifically, after legislative enactment, The notice VA published in the the proposed timeline involves developing AGENCY: Department of Veterans Affairs. Federal Register on February 2, 2016 490 units within the first 30 months, 280 ACTION: Notice—Correction. (81 FR 552), stated on page 5526, in the additional units within 4 to 5 years, and 430 third column: additional units within 6 to 10 years—all SUMMARY: On February 2, 2016, the totaling 1,200 units.’’ Department of Veterans Affairs (VA) ‘‘The proposed timeline involves Dated: February 9, 2016. published a notice in the Federal developing 60 units within the next 12 Register announcing publication of the months, 150 units over the next 24 to 30 William F. Russo, Draft Master Plan for the West Los months, 280 units over the next 30 months, Office of the General Counsel, US Department Angeles Department of Veterans Affairs 280 units over the next 4 to 5 years, and 430 of Veterans Affairs. campus. That notice contained language units over the next 6 to 10 years—all totaling [FR Doc. 2016–02883 Filed 2–11–16; 8:45 am] 1,200 units.’’ that we are now clarifying. BILLING CODE 8320–01–P

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Part II

Department of Housing and Urban Development

Federal Property Suitable as Facilities To Assist the Homeless; Notice

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DEPARTMENT OF HOUSING AND Program Support Center, HHS, Room Camp Connell CA 95223 URBAN DEVELOPMENT 5B–17, 5600 Fishers Lane, Rockville, Location: Site 5202, Bldg. 5002 MD 20857; (301) 443–2265. (This is not Status: Excess [Docket No. FR–5907–N–07] a toll-free number.) HHS will mail to the Comments: off-site removal; 48+ yrs. old; interested provider an application wood structure; 528 sq.; office; very poor Federal Property Suitable as Facilities conditions; no future agency need; contact To Assist the Homeless packet, which will include instructions Agriculture of more info. for completing the application. In order AGENCY: Office of the Assistant to maximize the opportunity to utilize a Michigan Secretary for Community Planning and suitable property, providers should Ontonagon Ranger House Property Number: Development, HUD. submit their written expressions of 15201430018 1205 Rockland Road ACTION: Notice. interest as soon as possible. For complete details concerning the Ontonagon MI 49953 Status: Unutilized SUMMARY: This Notice identifies processing of applications, the reader is Comments: 1,570 sq. ft., residential; 96+ unutilized, underutilized, excess, and encouraged to refer to the interim rule months vacant; poor conditions; contact surplus Federal property reviewed by governing this program, 24 CFR part Agriculture for more information. HUD for suitability for possible use to 581. Luther Property Number: 15201530003 assist the homeless. For more information regarding Fornell Road FOR FURTHER INFORMATION CONTACT: particular properties identified in this Luzerne MI 48636 Juanita Perry, Department of Housing Notice (e.g., acreage, floor plan, existing Status: Unutilized and Urban Development, 451 Seventh sanitary facilities, exact street address), Comments: off-site removal; no future agency Street SW., Room 7262, Washington, DC providers should contact the need; 40+ yrs. old; 852 sq. ft.; vacant 36+ 20410; telephone (202) 402–3970; TDD appropriate landholding agencies at the mos.; poor conditions; contact Agriculture number for the hearing- and speech- following addresses: AGRICULTURE: for more information. impaired (202) 708–2565 (these Ms. Debra Kerr, Department of Sprinkler Lake Staff Dorm Property Number: telephone numbers are not toll-free), or Agriculture, Reporters Building, 300 7th 15201530005 1700 Adams Rd., call the toll-free Title V information line Street SW., Room 300, Washington, DC Glennie MI 48737 at 800–927–7588. 20024, (202) 720–8873; AIR FORCE: Mr. Robert E. Moriarty, P.E., AFCEC/CI, Location: 51258 Staff Dormitory SUPPLEMENTARY INFORMATION: In 2261 Hughes Avenue, Ste. 155, JBSA Status: Unutilized accordance with 24 CFR part 581 and Comments: off-site removal only; no future Lackland, TX 78236–9853; ARMY: Ms. section 501 of the Stewart B. McKinney agency need; 2,112 sq. ft.; removal difficult Veronica Rines, Office of the Assistant Homeless Assistance Act (42 U.S.C. due to size/type; repairs needed; asbestos; Chief of Staff for Installation 11411), as amended, HUD is publishing contact Agriculture for more information. Management, Department of the Army, this Notice to identify Federal buildings Kenton Dwelling #3 Property Number: Room 5A128, 600 Army Pentagon, and other real property that HUD 15201530007 Washington, DC 20310, (571) 256–8145; reviewed in 2015 for suitability for use 5005 East M–28 COE: Mr. Scott Whiteford, Army Corps Kenton MI 49967 to assist the homeless. The properties of Engineers, Real Estate, CEMP–CR, Location: Infra #1107 were reviewed using information 441 G Street NW., Washington, DC Status: Excess provided to HUD by Federal 20314; (202) 761–5542; GSA: Mr. Flavio Comments: 1,500 sq. ft.; residential; 50+ yrs. landholding agencies regarding Peres, General Services Administration, old; fair conditions; contact Agriculture for unutilized and underutilized buildings more information. Office of Real Property Utilization and and real property controlled by such Disposal, 1800 F Street NW., Room Reinhold Property Number: 15201530011 agencies or by GSA regarding its Red Water Dr. 7040, Washington, DC 20405, (202) 501– inventory of excess or surplus Federal Luzerne MI 48636 0084; INTERIOR: Mr. Michael Wright, property. Status: Unutilized Acquisition & Property Management, In accordance with 24 CFR part Comments: off-site removal only; no future Department of the Interior, 3960 N. 56th 581.3(b) landholding agencies were agency need; 1,560 sq. ft.; seasonal Ave. #104, Hollywood, FL 33021; (443) residence; removal diff. due to type/size; required to notify HUD by December 31, 223–4639; NAVY: Mr. Steve Matteo, significant renvo. needed; contact 2015, the current availability status and Department of the Navy, Asset Agriculture for more information. classification of each property Management Division, Naval Facilities Mississippi controlled by the Agencies that were Engineering Command, Washington published by HUD as suitable and Modular Office, Bio Lab Property Number: Navy Yard, 1330 Patterson Ave. SW., available which remain available for 15201530001 Suite 1000, Washington, DC 20374; 141 Experiment Station Road application for use by the homeless. (202) 685–9426; (These are not toll-free Stoneville MS 38776 Pursuant to 24 CFR part 581.8(d) and numbers). Location: ARS 640200B057 RPUID:03.480 (e) HUD is required to publish a list of Status: Unutilized those properties reported by the Dated: February 4, 2016. Comments: off-site removal; 13+ yrs. old; 960 Agencies and a list of suitable/ Brian P. Fitzmaurice, sq. ft.; 13+ yrs. vacant; shelter; poor unavailable properties including the Director, Division of Community Assistance, condition; no future Agency need; contact reasons why they are not available. Office of Special Needs Assistance Programs. USDA for more information. Where property is described as for TITLE V PROPERTIES REPORTED IN YEAR Quonset Hut Storage Property Number: ‘‘off-site use only’’ recipients of the 2015 WHICH ARE SUITABLE AND 15201540001 property will be required to relocate the AVAILABLE (72–0005–TAL); Intersection of Rd. 2441/ building to their own site at their own 2081 Agriculture Abbeville MS 38601 expense. Homeless assistance providers ′ ″ Building Location: (34 degrees 30 06.0 N., 89 degrees interested in any such property should 26′ 18.0″ W.) send a written expression of interest to California Status: Excess HHS, addressed to Theresa Ritta, 2 Buildings Property Number: 15201510014 Comments: off-site removal only; 1,677 sq. Division of Property Management, 5050 Smokey Court ft.; storage; removal difficult due to type/

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size; needs new roof/siding; asbestos; Location: RPUID: #2222.006791 info. on a specific property & accessibility/ contact Agriculture for more information. Status: Excess removal reqs. Montana Comments: off-site removal only; 1,400 sq. Building 720 Property Number: 18201320083 ft.; 84+ months vacant; residential; Fuel Lane Residential Garage W/1032 Property Number: significant renov. needed; asbestos/mold; King Salmon Airport AK 15201520025 awaiting funding for remediation contact Status: Unutilized Infra #1500 Agriculture for more information. Comments: 285 sf.; fuel building; 24+ months Ant Flat Road Witherbee Dwelling C (603) Property vacant; deteriorated; periodic flooding Eureka MT 95501 Number: 15201530018 (next to Naknek River) Status: Excess 2381 Witherbee Road Land Comments: off-site removal only; 61+ yrs. Cordesville SC 29434 old; 491 sq. ft.; storage; contact Agriculture Location: RPUID: #2119.006791 Parcel of Land Property Number: for more information. Status: Excess 18201330011 2-Bedroom Family Dwelling Property Comments: off-site removal only; 1,455 sq. Joint Base Elmendorf Richardson Number: 15201520026 ft.; 84+ months vacant; residential; JBER AK 99506 Infra. #1032 significant renov. needed; asbestos/mold; Status: Underutilized Ant Flat Road awaiting funding for remediation; contact Comments: 20x20 (400sf.); secured area; must Eureka MT 95501 Agriculture for more information. obtain a visitor’s pass & have a gov’t sponsor escort to access installation; Location: Ant Flat Road Washington Status: Excess contact Air Force for more info. Comments: off-site removal; 64+ yrs. old; Beth Lake Comfort Station Property Number: 37,515 SF of Land Property Number: 1,004 sq. ft.; residential; 30+ mos. vacant; 15201520029 18201340003 experience extensive flood; damage which 1303.005031 JBER-Elmendorf caused significant mold damage; contact Beth Lake Campground JBER AK 99506 Agriculture for more information. Chesaw WA 98844 Status: Underutilized Location: 0325–0765300 New York Comments: restricted area; transferee must Status: Unutilized obtain a government sponsor to access Hector Grazing Association Property Comments: off-site removal; 50+ yrs. old; 900 property; contact Air Force for more info. Number: 15201510001 sq. ft.; toilet; 24+ mos. Vacant; not needs Hdgt. House replacing; no future agency need; contact Arkansas 5046 Rt. 1 Searsburg Road Agriculture for more information. 23.7 Acres Property Number: 18201520021 Hector NY 14886 2 Buildings Property Number: 15201540002 Harris Road/Little Rock AFB Status: Unutilized Liscumm Road Little Rock AR 72099 Comments: 125+ yrs. Old; 1,000 sq. ft.; Quinault WA 98575 Status: Unutilized storage; residential; vacant 96 NOS; wood Location: Residence-Norwood 1048 Comments: 23.7 Acres; contact AF for more structure; repaired needed in 2006 totaled (1140.005071); Residence-Norwood 1047 information. $89,000; contact Agric. For more info. (1139.005071) 07665 00 both bldgs. 1503 Building Oregon sq. ft. California XX334 GB Grizzly Communication Property Status: Excess Number: 15201430020 Comments: off-site removal only; 46+ yrs. Building 1028 Property Number: Bldg. 1560.005181 076630 00 old; 4+ & 36+ mos. vacant; residential; 18201240009 Agness OR 97406 asbestos; may be difficult to move because 19338 North St. Beale CA 95903 Location: of type & size; contact Agriculture for more Status: Unutilized 25 sq.; shed; 39+ yrs. old; poor condition information. Comments: 178 sf.; storage; poor conditions; Status: Excess Wisconsin asbestos & lead; restricted area; contact AF Comments: off-site removal only; restrictive Luepke Way Garage Property Number: for info. on accessibility requirements. removal due to constraints surrounding 15201440005 land/vegetation. Building 2153 Property Number: 207 Luepke Way 18201240010 South Carolina Medford WI 54451 6900 Warren Shingle Witherbee Dwelling D (604) Property Status: Unutilized Beale AFB CA 95903 Number: 15201530015 Comments: off-site removal only; no future Status: Unutilized 2367 Witherbee Road agency need; 96+ months vacant; 576 sq. Comments: 4,000; very poor conditions; Cordesville SC 29434 ft.; roof & siding in poor conditions; wood asbestos & lead possible; restricted area; Location: RPUID: #2120.006791 structure; contact Agriculture for more contact AF for info. on accessibility Status: Excess information. requirements. Comments: off-site removal only; 1,400 sq. Clam Lake Warehouse #364 Property 2 Buildings Property Number: 18201510018 ft.; 84+ months vacant; residential; Number: 15201510029 Edwards AF Base significant renvo. needed; asbestos/mold; a 61766 Highway 77 Edwards AF Base CA 93524 waiting funding for remediation; contact Clam Lake WI 54517 Location: 9590 (384 sq. ft.); 9592 (384 sq. ft.), Agriculture for more information. Status: Unutilized 9590 (384 sq. ft.); 9592 (384 sq. ft.) Witherbee Dwelling E (605) Property Comments: off-site removal only; no future Status: Unutilized Number: 15201530016 agency need; 800 sq. ft.; storage; good Comments: off-site removal; 57+ yrs. old; 9 condition; contact Agriculture for more 2355 Witherbee Road yrs. vacant; masonry block; camera sites; information. Cordesville SC 29434 no future agency need; contact AF for more Location: RPUID: #2121.006791 Air Force info. Status: Excess Colorado Building Comments: off-site removal only; 1,400 sq. Building 00001 Property Number: ft.; 84+ months vacant; residential; Alaska 18201430002 significant renvo. needed; asbestos/mold; 2 Buildings Property Number: 18201310030 Hawkinsville Space Surveillance Station awaiting funding for remediation; contact Industrial Ave. Peterson AFB CO Agriculture for more information. Eielson AFB AK 99702 Status: Excess Witherbee Dwelling B (602) Property Location: 6213, 6214 Comments: 2,880 sq. ft.; 4+ months vacant; Number: 15201530017 Status: Unutilized fair to good conditions; environmental 2397 Witherbee Road Comments: off-site removal only; sf. varies; conditions exist; contact Air Force for more Cordesville SC 29434 major repairs needed; contact AF for more information.

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Building 0001 Property Number: Comments: Building 1—2,755 sq. ft.; building Comments: 151 sf.; water pump station; 6 18201430003 3—775 sq. ft.; good conditions; contact Air mons. vacant; major repairs; restricted area; Lake Kickapoo Space Surveillance Station Force for more information. contact AF for info. on accessibility reqs. Peterson AFR CO 2 Buildings Property Number: 18201430019 2 Buildings Property Number: 18201340040 Status: Excess Tattnall Space Surveillance Station CoCoa Beach Tracking Annex Comments: 3,710 sq. ft.; 9+ months vacant; Peterson AFB CO Cocoa Beach FL 32931 fair to good conditions; environmental Location: Buildings 00006 and 00001 Location: 00001 (59 sq. ft.); 00002 (1,030 sq. condition exists; contact Air Force. Status: Excess ft.) Building 00006 Property Number: Comments: Building 6—80 sq. ft.; building Status: Unutilized 18201430004 1—2,807 sq. ft.; good conditions; contact Comments: 56+ yrs. old; 24+ months vacant; Red River Space Surveillance Center Air Force for more information. launch support; fair conditions; contact Air Force for more info. Peterson AFK CO Land Status: Excess 3 Buildings Property Number: 18201510036 Red River Space Surveillance Property Eglin AFB; FTFA 0001 Comments: 196 sq. ft.; 4+ months vacant; fair Number: 18201430011 Duke Field FL 32542 to good conditions; contact Air Force for Center Location: 3298 (120 sq. ft.); 3043 (121 KG); more information. Lat. 33.19 50.77431 N Long. 093.33 00.35121 3034 (152 sq. ft.) Building 00003 Property Number: W Status: Unutilized 18201430006 Peterson AFB CO Comments: off-site removal only; no future Hawkinsville Space Surveillance Station Status: Excess agency need; 60+ yrs. old; sewage disposal Peterson AFB CO Comments: 60 acres; contact Air Force for storage; vacant 12+ mons.; deteriorated; Status: Excess more information. may be difficult to move; contact Air Force Comments: 1,650 sq. ft.; 4+ months vacant; Jordan Lake Space Surveillance Property for more information. good to fair conditions; contact Air Force Number: 18201430012 for more information. Station 3 Buildings Property Number: 18201510039 Eglin AFB Lake Kickapoo Space Property Number: Lat. 32 39 32.4828 N. Long. 086 15 48.6672 Eglin AFB FL 32542 18201430007 W. Location: 2202 (590 sq. ft.); 8703 (540 sq. ft.); Surveillance Station Peterson AFB CO 1389 (782 sq. ft.) Peterson AFB CO Status: Excess Status: Unutilized Status: Excess Comments: 9 acres; contact Air Force for more information. Comments: off-site removal only; no future Comments: 800 sq. ft.; 4+ months vacant; agency need; maybe difficult to move; 28+ repairs needed; contact Air Force for more San Diego Space Surveillance Property yrs.-old; vacant 12+ mons.; latrine; contact information. Number: 18201430013 Air Force for more information. Station Jordan Lake Space Property Number: Building 1356 Property Number: 18201430008 Lat. 32 34 38.69636 N. Long. 116 58 28.92446 W. 18201510043 Surveillance Station Eglin AFB Peterson AFB CO Peterson AFB CO Status: Excess Eglin FL 32542 Location: Buildings 00001; 00003; 00006 Status: Unutilized Status: Excess Comments: 109 acres; contact Air force for more information. Comments: off-site removal only; no future Comments: Building 1: 2,565 sq. ft.; building agency need; 100 sq. ft.; weapon Lake Kickapoo Space Property Number: 3: 800 sq. ft.; building 6: 156 sq. ft.; good inspection; 12+ months vacant; 18201430014 to moderate conditions; contact Air Force deteriorated; contact Air Force for more for more information. Surveillance Station Lat. 33 33 14.33880 N. Long. 098 45 46.47286 information. Building 00006 Property Number: W. 2 Buildings Property Number: 18201530019 18201430009 Peterson AFB CO Eglin AFB Hawkinsville Space Surveillance Station Status: Excess Eglin AFB FL 32542 Peterson AFB CO Comments: 1,342 acres; contact Air Force for Location: 9449 (900 sq. ft.; storage); 12711 Status: Excess more information. (2,638 sq. ft.; communication bldg.) Comments: 172 sq. ft.; repairs needed; Status: Unutilized contact Air Force for more information. Hawkinsville Space Surveillance Property Number: 18201430015 Comments: buildings need repairs; controlled 4 Buildings Property Number: 18201430010 Station access required to get on range; contact AF San Diego Space Surveillance Station Lat. 32 17 15.1011 N. Long. 083 32 11.1625 for more details on a specific property. Peterson AFB CO W. Building 9450 Property Number: Location: Buildings 00001; 00003; 00026; Peterson AFB CO 18201530020 00081 Status: Excess Eglin AFB Status: Excess Comments: 131 acres; contact Air Force for Eglin AFB FL 32542 Comments: Building: 1 = 5,002 sq. ft.; more information. Status: Unutilized Building: 3 = 900 sq. ft.; Building 26 = 500 Tattnall Space Surveillance Property Comments: 360 sq. ft.; storage; 61+ yrs.-old; sq. ft.; Building 81 = 800 sq. ft.; good to Number: 18201430016 repairs needed; controlled access required poor conditions. Station to get on range; contact AF for more 3 Buildings Property Number: 18201430017 Lat. 32 02 37.6891 N. Long. 081 55 33.2267 information. Lake Kickapoo Space Surveillance Station W. Building 9456 Property Number: Peterson AFB CO Peterson AFB CO 18201530021 Location: Buildings 00006; 00007; 00009 Status: Excess Eglin AFB Status: Excess Comments: 102 acres; contact Air Force for Eglin FL 32542 Comments: Building 6—400 Sq. ft.; building more information. Status: Unutilized 7—1,109 sq. ft.; building 9—100 sq. ft.; Comments: 1,033 sq. ft.; storage; repairs repairs needed; contact Air Force for more Building needed; controlled access required to get information. Florida on range; contact AF for more information. Buildings 00001 and 00003 Property Building 5002 Property Number: 2 Buildings Property Number: 18201530024 Number: 18201430018 18201310010 Fairway Drive Red River Space Surveillance Center 6801 Hwy 98 Niceville FL 32578 Peterson AFB CO Tyndall AFB FL 32403 Location: 1542 (206 sq. ft.; restroom/storage); Status: Excess Status: Unutilized 1543 (170 sq. ft.; restroom)

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Status: Unutilized Alpena MI 49707–8125 373 Shattuck Way Comments: 50+ yrs. old; deteriorated; repairs Status: Unutilized Newington NH 03801 needed; contact Air Force for more Comments: off-site removal only; no future Location: Bldg. #1—(3,000 sq. ft.); 5(540 sq. information on a specific property. agency need; 2,000 sq. ft.; office/storage; ft.); 3000 (540 sq. ft.) deteriorated secured area; contact Air Status: Excess Land Force for more information. Comments: off-site removal; 30+ yrs. old; 25 WBPA (9901/72441/99300) Property MSBL 701 Property Number: 18201530001 yrs. vacant; power station; office; concrete Number: 18201310041 701 Clubhouse Rd. maybe difficult to move; roof gone on one 9901 E. Pine Ave. Joint Base MDL MI 08733 side; contact AF for more info. St. George Island FL 32328 Status: Unutilized New Jersey Status: Excess Comments: off-site removal; 40+ yrs. old; 460 5 Buildings Property Number: 18201510029 Comments: .34 acres; tower & fence needs to sq. ft.; storage; 12+ mos. Vacant; West Arnold Ave. be removed; remote access; contact AF for deteriorated; no future agency need; Joint Base MDL NJ 08640 more info. contact AF for more information. Location: 2104 (200 sq. ft.); 2105 (288 sq. ft.); Building Mississippi 2106 (520 sq. ft.); 2107 (699 sq. ft.); 2108 Indiana Building 112 Property Number: 18201330041 (657 sq. ft.) CRTC Gulfport Status: Unutilized Grissom ARB, IN Property Number: Gulfport MS 39507 Comments: off-site removal only; 58+ yrs. 18201510011 Status: Excess old; poor conditions; fuel stand; no future 3862 West County Road 800 South Comments: 90 sf.; ATM bldg.; good agency need; contact Air Force for more Peru IN 46970 conditions; contact Air Force for more info. information Status: Excess Comments: 1.186 acres; held the previous Land 3 Buildings Property Number: 18201520015 control tower. Joint Base McGuire-Dix Lakehurst Nebraska Joint Base MDL NJ 08640 Bldg. 98 Comm Facility Property Number: P–4 GHUA Property Number: 18201540031 Location: Building #1506 (1,994 sq. ft.) 3606 18201510020 1419 Hwy 19 (538 sq. ft.) #1506 (1,994 sq. ft.) 2121 West Lightning Ave./Grissom ARB Sidney NE 82081 Status: Unutilized Peru IN 46970 Status: Unutilized Comments: off-site removal; 58–60+ yrs. old; Status: Excess Comments: 1 acre; launch facility in ground; 2+ mos. vacant; communications Comments: 24+ yrs. old; vacant 36 mas; 864 contact Air Force for more information. transmitter; water support bldg.; poor sq. ft.; metal; floor needs repaired; prior conditions; contact AF for more approval to gain access required; contact Building information. AF for more info. Nevada Oklahoma 2 Buildings Property Number: 18201510041 Facility 81 + 82 Property Number: Building 1100 Property Number: Grissom AFB 18201510019 Peru IN 46970 1338 + 1340 3rd St. 18201320024 Location: 151 (3,084 sq. ft.); 100 (16,007 sq. Creech AFB NV 89018 7492 Patrol Road ft.) Location: Facility 81 (1,440 sq. ft.); Facility Tinker AFB OK 73145 Status: Excess 82 (1,440 sq. ft.) Status: Underutilized Comments: 59+ yrs.-old; 36+ months vacant; Status: Underutilized Comments: off-site removal only; no future masonry structure; storage; floor needs Comments: 32+ yrs. old; structures wood + AF need; 5,471 sf.; maint. facility; fair/poor repair; prior approval to gain access is metal; 83 squadron & office; located in a condition; controlled AF installation, required; contact Air Force for more secure area; prior approval to gain access contact AF for more info. information. is required; contact AF for more info. Building 1111 Property Number: Louisiana 2 Buildings Property Number: 18201510027 18201330028 Tinker AFB Building 117 Property Number: 18201330046 Nellis AFB Tinker OK 73145 Naval Air Station Joint Reserve Base Nellis AFB NV 89191 Status: Unutilized New Orleans LA 70143 Location: #336 (13,093 sq. ft.); 1739 (1,800 sq. Comments: off-site removal only; no future Status: Excess ft.) agency need; 231 sf.; utility bldg.; generally Comments: 3,975 sf.; storage; deteriorated; Status: Unutilized good conditions; secured area; contact Air secured area; background check/pass Comments: 45 Yrs. old; Brick; residential; Force for more info. required; contact Air Force for more info. prior approval needed to gain access; no re.; accessibility reqs. future agency need; contact AF for more Building 183 Property Number: 18201340001 info. Altus AFB AGGN Building 019 Property Number: 18201330050 Altus OK 73523 Naval Air Station joint Reserve Base Facility 2 Property Number: 18201520008 Status: Unutilized New Orleans LA 70143 4455 Grissom Comments: 167 sq. ft.; no bathroom; secured Status: Excess Nellis AFB NV 89156 area; escort required each time to access Comments: 3,038 sq. ft.; storage; deteriorated; Status: Unutilized property; asbestos; contact Air Force for secured area; official ID required; contact Comments: 33+ yrs. old; 10,044 sq. ft.; office; more info. Air Force for more information. asbestos; escort or base pass required for entry; contact AF for more information. South Carolina Building FAM HSG RELO 600–603 Property Number: 2 Building Property Number: 18201320054 Michigan 18201520027 Shaw AFB 3 Buildings Property Number: 18201220020 Gregg Circle on Parcel Sumter SC 29152 Selfridge ANGB 008–261–19 Location: 1036, 1826 Selfridge MI 48045 Tonopah NV 89049 Status: Unutilized Location: 326, 780, 710 Status: Unutilized Comments: off-site removal only; no AF Status: Unutilized Comments: off-site removal only; no future future need; sf. varies; poor conditions; Comments: off-site removal only; sf varies; agency need; 4 mobile homes; residential; secured area, contact AF for more info. 1,344 sq. ft. each; major repairs needed; office/school/barracks; fair conditions; 4 Buildings Property Number: 18201320055 need repairs. contamination; contact AF for more information. Shaw AFB Alpena Co Reg Apt Property Number: Sumter SC 29152 18201430028 New Hampshire Location: 1027, 1028, 2451, 1034 5884 A Street; Bulling 4012 3 Buildings Property Number: 18201510015 Status: Underutilized

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Comments: off-site removal only; no AF Location: 822 (205 sq. ft.); 876 (651 sq. ft.) Status: Unutilized future need; sf. varies; poor conditions; Status: Unutilized Comments: 1 acre each; contact Air Force for secured area; contact AF for more info. Comments: off-site removal only; no future more information on a specific plot of land. Building 1036 Property Number: agency need; removal difficult due to type/ S–2 GHZG Property Number: 18201540020 18201320086 condition; very poor conditions; contact 6291 Rd. 47 311 Avocet Street, Street, Shaw AFB Air Force for more information. Torrington WY 82240 Sumter SC 29152 2 Buildings Property Number: 18201540030 Status: Unutilized Status: Unutilized Mulberry Island Rd. Comments: 1 acre; contact Air Force for more Comments: off-site removal only; no future Fort Eustis VA 23604 information. agency need; 1,694 sf.; open storage for Location: 3511 (437 sq. ft.); 3913 (767 sq. ft.) 3 Plots of Land Property Number: auto hobby shop; repairs needed; secured Status: Unutilized area; contact AF for more info. Comments: off-site removal only; no future 18201540021 Air Force Building 1826 Property Number: agency need; removal difficult due to type/ Hawk Springs WY 82217 18201320087 condition; very poor conditions; contact 100 Shaw Dr., Shaw AFB Air Force for more information. Location: S–8 GHZP; S–7 GHZN; S–6 GHZM Sumter SC 29152 Status: Unutilized Land Status: Unutilized Comments: 1 acre each; contact Air Force for Comments: off-site removal only; no future Wyoming more information on a specific plot of land. agency need; 984 sf.; wash rack; repairs 11 Plots of Land Property Number: 2 Plots of Land Property Number: needed; secured area; contact AF for more 18201540013 18201540022 info. Diamond/Iron Mountain Rd. Deer Creek Dr. 810 DKGV Property Number: 18201510017 Chugwater WY 82210 Wheatland WY 82201 307 E Patrol Rd. Location: Q–10 GHYT; Q–9 GHYS; Q–11 Location: T–2 GHZU; T–3 GHZV Goose Creek SC 29445 GHYU; Q–8 GHYR; Q–2 GHYK; Q–3 Status: Unutilized Status: Unutilized GHYL; Q–4 GHYM; Q–5 GHYN; P–11 Comments: 1 acre each; contact Air Force for Comments: off-site removal only; 40+ yrs. GHYH; P–10 GHYG; P–9 GHYF more information on a specific plot of land. old; 496 sq. ft.; metal structure; shelter; Status: Unutilized 2 Plots of Land Property Number: contact AF for more info.; no future agency Comments: 1 acre each; contact Air Force for 18201540023 need. more information on a specific plot of land Dickerson Rd. Land 9 Plots of Land Property Number: Bordeaux WY 82201 18201540014 Location: T–4 GHZW; T–9 GJAB 53 Acre Parcel W Side of N Rhe Property Air Force Status: Unutilized Number: 18201520020 Lagrange/Chugwater WY 82221 JB Charleston SC 29445 Comments: 1 acre each; contact Air Force for Location: R–02 GHYW; R–04 GHWX; R–05 Status: Unutilized more information on a specific plot of land. GHYZ; R–06 GHZA; R–07 GHZA; R–08 Comments: 53 acres; contact AF for more T–5 GHZX and T–6 GHZY Property Number: GHZC; R–09 GHZD; R–10 GHZE; R–11 information. 18201540024 GHZF 387 Slater Rd. Status: Unutilized Building Slater WY 82201 Comments: 1 acre each; contact Air Force for South Dakota Status: Unutilized more information on a specific plot of land. 9201 Property Number: 18201440033 Comments: 1 acre each; contact Air Force for 2 Plots of Land Property Number: Ellsworth AFB more information on a specific plot of land. 18201540015 9201 Lincoln 2 Plots of Land Property Number: Ellsworth SD 57706 Hillsdale Hillsdale WY 82060 18201540025 Status: Underutilized Slater Rd. Comments: 3,619 sq. ft.; security forces Location: P–5 GHYB; P–7 GHYD Status: Unutilized Slater WY 82201 training facility; 1+ yr. vacant; very poor Location: T–7 GHZZ; T–8 GJAA conditions; high noise levels; contact Air Comments: 1 acre each; contact Air Force for more information on a specific plot of land. Status: Unutilized Force for more information. Comments: 1 acre each; contact Air Force for Q–7 GHYQ Property Number: 18201540016 more information on a specific plot of land. Land 1603 Rd. 237 Texas Carpenter WY 82054 2 Plots of Land Property Number: Status: Unutilized 18201540026 Fee Purchase Land—99201 Property Number: Snook/Grayrocks Rd. 18201540009 Comments: 1 acre; contact Air Force for more Wheatland WY 82201 Eldorado AFS information. Location: T–10 GJAC; T–11 GJAD Eldorado TX 76936 3 Plots of Land Property Number: Status: Unutilized Status: Excess 18201540017 Comments: 119 acres; 192+ months vacant; Meriden Comments: 1 acre each; contact Air Force for contact Air Force for more information Meriden WY 82081 more information on a specific plot of land. Location: P–6 GHYC; P–Z GHXY; P–3 GHYZ 2 Plots of Land Property Number: Building Status: Unutilized 18201540027 Virginia Comments: 1 acre each; contact Air Force for State Hwy 2 Buildings Property Number: 18201530006 more information on a specific plot of land. Veteran WY 82243 JBLE (Ft. Eustis) Q–6 GHYP and P–8 GHYE Property Number: Location: S–10 GHZR; S–11 GHZS Ft. Eustis VA 23604 18201540018 Status: Unutilized Location: 1609 (870 sq. ft.; storage); 1606 1381 Rd. 228 Comments: 1 acre each; contact Air Force for (1,076 sq. ft.; storage) Cheyenne WY 82002 more information on a specific plot of land. Status: Unutilized Status: Unutilized 2 Plots of Land Property Number: Comments: very poor conditions; visitor’s Comments: 1 acre each; contact Air Force for 18201540028 must check-in at the Ft. Eustis visitor’s more information on a specific plot of land. ST STE Hwy gate; contact AF for more details on a 2 Plots of Land Property Number: Yoder WY 82244 specific property. 18201540019 Location: S–3 GHZJ; S–9 GHEQ 2 Buildings Property Number: 18201540029 Air Force Status: Unutilized Lee Blvd. Huntley WY 82218 Comments: 1 acre each; contact Air Force for Fort Eustis VA 23604 Location: S–4 GHZK; S–5 GHZL more information on a specific plot of land.

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ARMY Building 3540 Property Number: 500 Philips St. 21201530092 Akiachak AK 99551 Building Redstone Arsenal Status: Excess Alabama Redstone Arsenal AL 35898 Comments: 1,200 sf.; armory; 60+ months C1301 Property Number: 21201220017 Status: Unutilized vacant; poor conditions; contact Army for Ft. McClellan Comments: off-site removal only; no future more info. Ft. McClellan AL 36205 agency need;150 sq. ft.; range support; Arizona Status: Excess removal may be difficult due to type Building 90890 Property Number: Comments: off-site removal only; 2,232 sf.; (brick); major renov.; LBPs; endangered barracks; extensive repairs needed; secured species- var. bat species; contact Army for 21201440051 area; need prior approval to access more info. Fort Huachuca property. 2 Buildings Property Number: 21201540030 Fort Huachuca AZ 85613 Status: Unutilized 11 Buildings Property Number: 21201340002 Fort Rucker Fort Rucker AL 36362 Comments: off-site removal only; no future Redstone Arsenal agency need; 40 sq. ft.; 80+ months vacant; Redstone Arsenal AL 35898 Location: 25107- RPUID: 576526 (2,721 SQ. repairs needed; contact Army for more Location: 4469, 7328, 7352A, 7352B, 7353A, FT.; Airfield Fire and Rescue Facility); information. 7635, 7668A, 7688A, 7902, 7908 (Please 30305-RPUID: 250776 (4,422 SQ. FT.; Note: 7352A, 7352B, and 7688A are Ready Bldg.) 7 Buildings Property Number: 21201510025 SUITABLE/UNAVAILABLE) Status: Underutilized Papago Park Military Reservation Status: Unutilized Comments: off-site removal only; no future Phoenix AZ 85008 Comments: off-site removal only; no future agency need; removal extremely difficult Location: M5358 (1500 sq. ft.); M5356 (1,500 agency need; sq. ft. varies; major repairs due to type/size; fair conditions; contact sq. ft.) M5354 (1,500 sq. ft.); M5352 (1,500 needed; secured area; contact Army for Army for more information on a specific sq. ft.); M5218 (1,097 sq. ft.); M5331 (2,460 more info. on a specific property & property listed above. sq. ft.); M5502 (5,856 sq. ft.) accessibility reqs. 60110 Property Number: 21201540032 Status: Excess 4 Buildings Property Number: 21201410026 SHELL AF, FORT RUCKER Comments: Fair condition prior approve to Redstone Arsenal Ft. Rucker AL 36330 gain access is required, for more Redstone Arsenal AL 35898 Status: Underutilized information contact Army about a specific Location: 3535 (150 sq. ft.); 3538 (48 sq. ft.); Comments: off-site removal only; no future property. 4637 (2,095 sq. ft.); 7330 (75 sq. ft.) agency need; extremely difficult to remove 2 Building Property Number: 21201520007 Status: Unutilized due to type/size; 8,319 SQ. FT.; ADMIN 5636 E. McDowell Road Comments: off-site removal only; no future GEN PURP; 50% is occupied; poor Phoenix AZ 85008 agency need; repairs needed; secured area; conditions; contact Army for more Location: Building M5502 (5,856 sq. ft.) & contact Army for more information. information. M5331 (2,460 sq. ft.) 5 Buildings Property Number: 21201420016 Alaska Status: Excess Comments: 45+ & 62 +yrs. old for buildings Redstone Arsenal Bldg. 00001 Property Number: 21200710051 respectively above; administration; Redstone Arsenal AL 35898 Holy Cross Armory restricted access; escort required; contact Location: 7742A; 7742B; 7740A; 7740B; 7740 High Cross AK 99602 Army for more information. Status: Unutilized Status: Excess Comments: Off-site removal only; must be Comments: 1200 sq. ft. armory, off-site use California dismantled; no future agency need; only. extensive repairs required; contact Army Bldgs. 18026, 18028 Property Number: for more info. on a specific property & Building 00001 Property Number: 21200130081 accessibility/removal reqs. 21201320038 Camp Roberts 9679 Tuluksak Rd. Monterey CA 93451–5000 4811 Property Number: 21201430024 Toksook AK 99679 Status: Excess Redstone Arsenal Status: Excess Comments: 2024 sq. ft. sq. ft., concrete, poor Redstone Arsenal AL 35898 Comments: 1,200 sf.; armory; 60 months condition, off-site use only. Location: 4811 vacant; poor conditions. Status: Unutilized 1201T Property Number: 21201310060 Comments: off-site removal only; no future Building 00001 Property Number: Tower Rd. agency need; 221 sq. ft.; Flammable/ 21201330030 Dubin CA 94568 explosive storage facility; 12+ months Lot 7 Block 11 US Survey 5069 Status: Unutilized vacant; deteriorated; secured area; contact Noorvik AK 99763 Comments: off-site removal only; 30 sf.; Army for more nformation. Status: Excess control tower; poor conditions; restricted Comments: 1,200 sf. armory; 60+months area; transferee must obtain real estate doc. 6 Buildings Property Number: 21201510040 vacant; poor conditions; contact Army for to access/remove; contact Army for more Redstone Arsenal more info. Madison AL 35898 info. Location: 3757 (800 sq. ft.); 3759 (39 sq. ft.); Building 00001 Property Number: 1201S & 1205S Property Number: 3762 (288 sq. ft.); 6209 (130 sq. ft.); 6210 21201330031 21201310062 (130 sq. ft.); 7859 (522 sq. ft.) P.O. Box 22 Tower Rd. Status: Unutilized Gambell AK 99742 Dublin CA 94568 Comments: off-site removal only; no future Status: Excess Location: previously reported under agency need; prior approval to gain access Comments: 1,208 sf.; armory; 60+ months 21201010006 is required; for more info. contact Army. vacant; poor conditions; contact Army for Status: Unutilized more info. 2 Buildings Property Number: 21201530058 Comments: REDETERMINATION: off-site Redstone Arsenal Building 0001 Property Number: removal only; 396 & 252 sf. repetitively; Redstone Arsenal AL 35898 21201330032 storage; poor conditions; transferee will Location: Building 7359 (4,547 sq. ft.); 7369 Kivalina Armory need to obtain real estate doc. to access/ (7,288 sq. ft.) Kivalina AK 99750 remove property; contact Army for more Status: Unutilized Status: Excess info. Comments: off-site removal; 48–70+ yrs. old; Comments: 1,200 sf. armory; 600+months 2 Building Property Number: 21201330002 rocket plants; vacant 4 mos.; major reno. vacant; poor conditions; contact Army for Parks Reserve Forces Training Area needed; contaminates; asbestos; no future more info. Dublin CA 94568 agency need; prior approval needed to gain Akiachak 00001 Property Number: Location: 1108, 1109 access; contact Army for more infor. 21201330033 Status: Underutilized

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Comments: off-site removal only; no future Location: T0805, T0831, T0834, T0874, Status: Excess agency need; sf. varies; poor conditions; T0876, T0917, T0920, T0922, T0923, Comments: off-site removal only; 200 sq. ft.; secured area; contact Army for info. on a T0925, T0933, T0934, T0935, T0955, shipping office; age: 2013; fair/good specific property & accessibility removal T0956, T0955, T0956, T0966, T0967, conditions; asbestos/lead; contact Army for reason. T0992, T6005, T6029, T6406, T7025, more information. 7 Building Property Number: 21201330003 T7037 Camp Roberts MTC (H) Bldg. Property Parks Reserve Forces Training Area Status: Excess Number: 21201510028 Dublin CA 94568 Comments: off-site removal only; sf varies; 6t # T0864 Location: 200, 00974, 1080, 1085, 1100, 1101, months vacant; poor conditions; Hwy 101; Bldg. 109 1176 contamination; secured area; contact Army Camp Roberts CA 93451–5000 Status: Unutilized for more info. on a specific property & Status: Unutilized Comments: sf varies; no future agency need; accessibility removal reqs. Comments: off-site removal; 73+ yrs. old; 400 poor/deteriorated conditions; secured area; 11 Building Property Number: 21201330026 sq. ft. storage; residential; fair to poor escort required; contact Army for more Fort Hunter Liggett condition; vacant 72 months; contact Army info. on a specific property & accessibility Fort Hunter Ligget CA 93928 for more info. reqs./removal options. Location: 0100A, 0178B, 00306, 00408, 3 Buildings Property Number: 21201530048 Building 4230 Property Number: 0418A, 00850, 00851, 00932, 00945, 00946, Park Reserve Forces Training Area 21201330007 00947 Dubin CA 94568 Ord Military Community Status: Unutilized Location: Building: 973 RPUID: 376805 Seaside CA 93955 Comments: off-site removal only; no future (1,933 sq. ft.); 1194 RPUID: 377058 (1,020 Location: 4230 agency need; St. varies, conditions range sq. ft.); 1195 RPUID: 377059 (1,020 sq. ft.) Status: Unutilized from good to dilapidated secured area, Status: Unutilized Comments: 15,908 sf.; theater; vacant since contact Army for more info. on a specific Comments: off-site removal only; no future 2000; 43 yes. old; mold; lead-based paint; property & accessibility/removal reqs. agency need; 61/71+ yrs. old; Vacant asbestos; contact Army for more info. 7 Buildings Property Number: 21201330067 Storage; recreation center; poor condition; Building 4230 Property Number: Sierra Army Depot contact Army for more info. on a specific 21201330010 Herlong CA 96113 property accessibility/removal Ord Military Community Location: 00478, 00548, 00681, 00682, 00683, requirements. Seaside CA 93955 00684, and 00685 6 Buildings Property Number: 21201530049 Location: 4230 Status: Unutilized Fort Hunter Liggett Status: Unutilized Comments: Sf. varies, 36–204+ months Fort Hunter Liggett CA 93928 Comments: 15,908 sf.; theater; vacant since vacant; fair to deteriorated; secured area; Location: Building: 0100B (124 sq. ft.); 124 2000; 43 yes. old; mold; lead-based paint; extensive background check required; (2,001 sq. ft.); 149 (1,196 sq. ft.); 283 (4,225 asbestos; contact Army for more info. contact Army for info. on a specific sq. ft.) 393 (58 sq. ft.); 394 (58 sq. ft.) property & accessibility reqs. 11 Building Property Number: 21201330018 Status: Unutilized Fort Hunter Liggett 2 Buildings Property Number: 21201410024 Comments: off-site removal only; no future FF Hunter Liggett CA 93928 Camp Roberts MTC agency need; 35/86+ yrs. old; usage varies; Location: 0100A, 0178B, 00306, 00408, Camp Roberts CA 93451 contact Army for more info. on a specific 0418A, 00850, 00851, 00932, 00945, 00946, Location: 14102 (864 sq. ft.); 14801 (200 sq. property; access/removal requirements. 00947 ft.) Building 0132A Property Number: Status: Unutilized Status: Excess 21201530050 Comments: off-site removal only; no future Comments: off-site removal only; 72+ yrs. Fort Hunter Liggett agency need; St. varies, conditions range old; secured area; contact Army for For Hunter Liggett CA 93928 from good to dilapidated secured area, accessibility/removal requirements. Status: Underutilized contact Army for more info. on a specific 4 Buildings Property Number: 21201420004 Comments: off-site removal; no future agency property & accessibility/removal reqs. Fort Hunter Liggett need; 64+ yrs. old; 943 sq. ft.; residential; 22 Buildings Property Number: 21201330019 711 ASP Road poor condition; contact Army for more Hwy. 101, Bldg. 109 Fort Hunter Liggett CA 93928 information and accessibility/removal Camp Roberts CA 93451 Location: 711; 710; 0408A; 719 requirements. Location: 00902, 00936, 01019, 06079, 06080, Status: Unutilized Colorado Comments: off-site removal only; no future 06125, 06320, 14212, 14308, 14801, 25012, Building 00209 Property Number: 25013, 27108, 27110, 27126, RB001, agency need; poor conditions; must obtain access documentation; contact Army for 21201520018 RB003, RB004, RB005, RB006, RB007, 4809 Tevis Street RB043 information on a specific property and accessibility/removal request. Fort Carson CO 80913 Status: Excess Status: Unutilized Comments: CORRECTION: Bldg. 14801 Bldg. 53 Property Number: 21201430003 Comments: off-site removal; 49+ yrs. old; 400 incorrectly published on 08/30/2013; off- Navy Lodge on RT Jones Rd. sq. ft.; housing; vacant 3 mos.; repairs site removal only; 6+ months vacant; poor Mountain View CA required; asbestos; no future agency need; conditions; contamination; secured area; Status: Excess contact Army for more information. contact Army for info. Comments: off-site removal only; 960 sq. ft.; Building 00220 Property Number: 11 Building Property Number: 21201330023 storage; poor conditions; contact Army for more information. 21201520033 Fort Hunter Liggett 4860 Tevis Street Fort Hunger Liggett CA 93928 00294 Property Number: 21201430018 Fort Carson CO 80913 Los Alamitos Joint Forces Training Base Location: 0100A, 0178B, 00306, 00408, Status: Excess (JFTB 0418A, 00850, 00851, 00932, 00945, 00946, Comments: off-site removal only; 73+ yrs. Los Alamitos CA 90720–5002 00947 old; 690 sq. ft.; Eng./housing; repairs Status: Unutilized Location: 00294 required; concrete; may be difficult to Comments: off-site removal only; no future Status: Underutilized move; asbestos; no future agency need; agency need; St. varies, conditions range Comments: off-site removal only; no future contact Army for more information. from good to dilapidated secured area, agency need; 980 sq. ft.; storage/general contact Army for more info. on a specific purpose; very poor condition; secured area; Georgia property & accessibility/removal reqs. contact Army for more information. Building 904 Property Number: 21201310004 23 Buildings Property Number: 21201330025 Building 37 Property Number: 21201510007 2022 Veterans Pkwy Hwy 101, Bldg. 109 Defense Distribution Ft. Stewart GA 31314 Camp Robert CA 93451 San Joaquin CA 95304 Status: Excess

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Comments: off-site removal only; 9,993 sf.; Hunter Army Airfield GA 31409 months; dilapidated; contamination; closed museum; poor conditions; asbestos & lead- Status: Excess post; contact Army for accessibility/ based paint; w/in secured area; Gov’t escort Comments: off-site removal only; sf. varies; removal reqs. required to access/remove property. poor conditions; w/in secured area; Gov’t 3 Buildings Property Number: 21201330036 Building 862 Property Number: 21201310010 escort only to access/remove property. Veterans Pkwy. 259 N. Lightening Rd. Buildings 1139 & 1151 Property Number: Fort Stewart GA 31314 Hunter Army Airfield GA 31409 21201310020 Location: 1101, 1108, 1129 Status: Excess Veterans Pkwy Status: Excess Comments: off-site removal only; 826 sf.; Ft. Stewart GA 31314 Comments: off-site removal only; poor Battery Shop; poor conditions; w/in Status: Excess conditions; contamination; secured area; secured area; contact Army for info. on Comments: off-site removal only; sf. varies; contact Army for info. on a specific accessibility/removal reqs. poor conditions; w/in secured area; Gov’t property; accessibility removal reqs. escort only to access/remove property. Building 853 Property Number: 21201310011 Building 00TR4 Property Number: 140 Barren Loop Rd. Building 1104 Property Number: 21201330045 Hunter Army Airfield GA 31409 21201310022 43 Pistol Range Road Frank Cochran Dr. Status: Excess Whitfield GA 30755 Hinesville GA 31314 Comments: off-site removal only; 4,100 sf.; Status: Excess Status: Excess Admin. 3 mons. vacant; fair conditions; w/ Comments: off-site removal only; 2,560 sf.; Comments: off-site removal only; 240 sf.; in secured area; contact Army for dining facility; 78 yrs. old; poor conditions; accessibility/removal reqs. storage; poor conditions; w/in secured area; Gov’t escort required to access/ contact Army for more info. Building 866 Property Number: 21201310012 Building 1157 Property Number: 395 N. Lightening Rd. remove property. Building 1105 Property Number: 21201410033 Hunter Army Airfield GA 31409 Hunter Army Airfield Status: Excess 21201310023 Veterans Pkwy Hunter Army Airfield GA 31409 Comments: off-site removal only; 2,100 sf.; Status: Excess Admin.; fair conditions; w/in secured area; Ft. Stewart GA 31314 Status: Excess Comments: off-site removal only; 5,809 sq. contact Army for info. on accessibility/ ft.; poor conditions; secured area; gov’t removal reqs. Comments: off-site removal only; 7,132 sf.; Maint. Facility; poor conditions; asbestos & escort required; contact Army for more Building 9597 Property Number: lead; w/in secured area; Gov’t escort info. 21201310013 required to access/remove property. Building 7097 Property Number: Bultman Ave. 21201440007 Building 1130 Property Number: Ft. Stewart GA 31314 Fort Stewart 21201310024 Status: Excess Ft. Stewart GA 31314 Veterans Pkwy Comments: off-site removal only; 324 sf.; Status: Underutilized Ft. Stewart GA 31314 storage; 6 mons. vacant; poor conditions; Comments: off-site removal only; no future Status: Excess w/in secured area; Gov’t escort only to agency need; relocation difficult due to access/remove property. Comments: off-site removal only; 322 sf.; storage; poor conditions; w/in secured size/type; 9,520 sq. ft.; child development Building 8056 Property Number: area; Gov’t escort only to access/remove center; 6+ months vacant; poor conditions; 21201310015 property. contact Army for more information. N. Lightening Rd. 100 Property Number: 21201440008 Hunter Army Airfield GA 31409 Building 1132 Property Number: 21201310025 Hunter Army Airfield Status: Excess Hunter Army Airfield GA 31409 Comments: off-site removal only; 3,790 sf.; Veterans Pkwy Ft. Stewart GA 31314 Status: Excess navigation bldg.; 10 mons. vacant; fair Status: Excess Comments: off-site removal only; relocation conditions; asbestos; w/in secured area; Comments: off-site removal only; 182 sf.; extremely difficult due to size; 13,331 sq. Gov’t escort only to access/remove latrine; poor conditions; w/in secured area; ft.; classroom; poor conditions; contact property. Gov’t escort only to access/remove Army for more information. Buildings 7736 & 7740 Property Number: property. 1020 Property Number: 21201440009 21201310016 Building 1133 Property Number: Hunter Army Airfield Chip Rd. 21201310026 Hunter Army Airfield GA 31409 Ft. Stewart GA 31314 Veterans Pkwy Status: Underutilized Status: Excess Ft. Stewart GA 31314 Comments: off-site removal only; no future Comments: off-site removal only; sf. varies; Status: Excess agency need; relocation extremely difficult poor conditions; w/in secured area; Gov’t Comments: off-site removal only; 501 sf.; due to size/type; 39,653 sq.; storage; 1+ escort only to access/remove property. latrine; poor conditions; w/in secured area; month vacant; contact Army for more 3 Buildings Property Number: 21201310017 Gov’t escort only to access/remove information. McFarland Ave. property. 9002 Property Number: 21201440010 Ft. Stewart GA 31314 Building OT022 Property Number: Hunter Army Airfield Location: 1710, 1711, 1712 21201330005 Hunter Army Airfield GA 31406 Status: Excess 46 22nd Street Status: Underutilized Comments: off-site removal only; sf. varies; Fort Gordon GA 30905 Comments: off-site removal only; no future poor conditions; w/in secured area; Gov’t Status: Unutilized agency need; relocation difficult due to escort only to access/remove property. Comments: No future agency need; Off-site type; 221 sq. ft.; 12+ months vacant; poor Buildings 1303 & 1304 Property Number: removal only; 960 sf.; classroom; 120 conditions; asbestos; contact Army for 21201310018 months; dilapidated; contamination; closed more information. Warrior Rd. post; contact Army for accessibility/ 10 Buildings Property Number: 21201520011 Ft. Stewart GA 31314 removal requirements. Fort Benning Status: Excess Building OT007 Property Number: Fort Benning GA 31905 Comments: off-site removal only; sf. varies; 21201330006 Location: 00035 (890 sq. ft.); 00036 (890 sq. poor conditions; w/in secured area; Gov’t 31 22nd Street ft.); 00235 (4,390 sq. ft.); 08001 (288 sq. ft.); escort only to access/remove property. Fort Gordon GA 30905 08007 (288 sq. ft.); 08012 (288 sq. ft.); Building 1155 & 1156 Property Number: Status: Unutilized 08014 (288 sq. ft.); 08034 (192 sq. ft.); 21201310019 Comments: off-site removal only; no future 08582 (192 sq. ft.); 08597 (192 sq. ft.) N. Lightening Rd. agency need; 960 sf.; classroom; 120t Status: Underutilized

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Comments: off-site removal; 10–94 yrs. old Bldg. 0300B Property Number: 21201210083 16 Miles South for buildings respectively above; toilet/ 308 Paalaa Uka Pupukea Boise ID 83634 shower; laundry; administrative; poor Wahiawa Co: Honolulu HI 96786 Status: Excess condition; no future agency need; contact Status: Unutilized Comments: off-site removal only; 1,040 sf.; Army for more information. Comments: off-site removal only; 114 sf.; temp. shelter; 9 months vacant; 9 Buildings Property Number: 21201520012 current use: valve house for water tank; fair dilapidated; Hanta virus; repairs a must. Fort Benning conditions. R1A10 Property Number: 21201320041 Fort Bebbing GA 31905 12 Bldgs. Property Number: 21201220009 16 Miles South Location: 08821 (192 sq. ft.), 8781 (1,007 sq. Schofield Barracks Boise ID 83634 ft.), 08730 (800 sq. ft.), 08729 (192 sq. ft.), Wahiawa HI Status: Excess 08721 (384 sq. ft.), 08681 (192 sq. ft.), Location: 2509, 2510, 2511, 2512, 2513, 2514, Comments: off-site removal only; 1,040 sf.; 08637 (384 sq. ft.), 08600 (192 sq. ft.), 2516, 2517, 3030, 3031, 3032, 3035 dilapidated; repairs a must; 9 months 08618 (192 sq. ft.) Status: Unutilized vacant; Hanta virus. Status: Underutilized Comments: off-site removal only; sf. varies; R1A12 Property Number: 21201320042 Comments: off-site removal; 10–50 yrs. old usage varies; storage; good conditions. 16 Miles South for buildings respectively above; poor A0300 Property Number: 21201230009 Boise ID 83634 condition; toilet/shower, range; no future 308 Paalaa Uka Pupukea Rd. Status: Excess agency need; contact Army for more Helemano Comments: off-site removal only; 1,040 sf.; information. Wahiawa HI 96786 temp. shelter; 9 months vacant; 2 Buildings Property Number: 21201520028 Status: Unutilized dilapidated; repairs a must; Hanta virus. Fort Benning Comments: off-site removal only; 17.25 x R1A15 Property Number: 21201320043 Fort Benning GA 31905 21ft.; water storage. 16 Miles South Location: Buildings 04969 (8,416 sq. ft.), Buildings 1421 & 1422 Property Number: 04960 (3,335 sq. ft.) Boise ID 83634 21201310046 Status: Unutilized Status: Excess 510 CW2 Latchum Rd. Comments: off-site removal; 34+ & 48+ yrs. Comments: off-site removal only; 1,040 sf.; Wahiawa HI 97686 old; vehicle MAINT.; poor conditions; temp. shelter; 9 months vacant; Status: Underutilized contaminants; restricted access; no future dilapidated; Hanta virus; repair a must. Comments: off-site removal only; sf. varies; agency need; contact Army for more Iowa office & toilet; fair conditions; military information. reservation. Y11Q0 Property Number: 21201330060 Building 14 Property Number: 21201540052 Buildings 3363, 3366, & 3371 Property Camp Dodge Camp Frank D. Merrill Johnston IA 50131 Fort Benning GA 31905 Number: 21201310047 Schofield Barracks Status: Unutilized Status: Unutilized Comments: 3,076 sf.; family housing; 816+ Comments: off-site removal only; 120 sq. ft.; Wahiawa HI 96786 Status: Unutilized months vacant; deteriorated; secured area; 51+ yrs. old; veh. fuel mogas; poor escort required; contact Army for conditions; contact Army for information. Comments: off-site removal only; sf. varies; abandoned; 230 mons. vacant; transformer accessibility requirements. Building 08638–RPUID 283107 Property bldgs. 2 Buildings Property Number: 21201330064 Number: 21201540053 Building A0750 Property Number: Camp Dodge Mortar Training Area Johnston IA 50131 off Wildcat Road 21201330038 613 Ayers Ave. (Schofield Barracks) Location: Y1200 & TC030 Fort Benning GA 31905 Status: Unutilized Status: Unutilized Wahiawa HI 96786 Status: Unutilized Comments: 1,686 & 1,026 sf. respectively; Comments: off-site removal only; 192 sq. ft.; garage; deteriorated; secured area; escort 10+ yrs.-old; sep toil/shower; poor Comments: off-site removal only; no future agency need; 512 sf.; storage; 46 yrs. old; required; contact Army for accessibility conditions; contact Army for more requirements. information. poor conditions; contact Army for more info. Kansas Building 08728 Property Number: 21201540054 00038 Property Number: 21201410007 Building 9109 Property Number: 3279 10th Armored Division Road Pohakuloa Training Area 21201310051 Fort Benning GA Hilo HI 96720 Mallon Rd. Status: Unutilized Status: Unutilized Ft. Riley KS 66442 Comments: off-site removal only; 192 sq. ft.; Comments: off-site removal only; 102 sq. ft.; Status: Unutilized 9+ yrs.-old; sep toil/shower; poor storage; 49+ yrs.-old; poor conditions; Comments: off-site removal only; 128 sf.; conditions; contact Army for more contact Army for more information. latrine; deteriorating conditions; located on information. 3 Buildings Property Number: 21201530046 controlled area; contact Army for more Joint Base Pearl Harbor Hickam Hawaii info. Joint Base Pearl Harbor HI 96860 Building 00620 Property Number: P–88 Property Number: 21199030324 Location: Building: 2266 (1,536 sq. ft.); 2267 Aliamanu Military Reservation 21201320014 (1,536 sq. ft.); 2268 (2,190 sq. ft.) Mitchell Terr. Honolulu Co: Honolulu HI 96818 Status: Excess Location: Approximately 600 feet from Main Ft. Riley KS 66442 Comments: off-site removal only; 32+ yrs. Status: Excess Gate on Aliamanu Drive. old; Child Development Centers; 24 mos. Status: Unutilized Comments: off-site removal only; 12,640 sf.; Vacant; poor condition; relocation may not lodging; deteriorating; asbestos. Comments: 45,216 sq. ft. underground tunnel be feasible due to deteriorated condition; complex, pres. of asbestos clean-up contact Army for more information. Building 09098 Property Number: required of contamination, use of respirator 21201320016 Idaho required by those entering property, use Vinton School Rd. limitations. R1A11 Property Number: 21201320005 Ft. Riley KS 66442 3377Z Property Number: 21201210054 16 Miles South Status: Excess Schofield Barracks Boise ID 83634 Comments: off-site removal only; 120 sf.; Wahiawa HI 96786 Status: Excess guard shack; fair/moderate conditions. Status: Unutilized Comments: off-site removal only; 1,040 sf., Building 07856 Property Number: Comments: off-site removal only; 196 sf.; dilapidated, repairs a must, temp. shelter, 21201320017 current use: transformer bldg.; poor 9 months vacant, has hanta virus presence. Drum St. conditions—needs repairs. R1A13 Property Number: 21201320015 Ft. Riley KS 66442

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Status: Excess dental clinic), lead base paint, asbestos & Comments: off-site removal only; 2,969 sq. Comments: off-site removal only; 13,493 sf.; mold identified. ft.; current use: office; possible lead base dining facility; deteriorating; asbestos. Fort Knox, 10 Bldgs. Property Number: paint, asbestos, and mold. Building 07636 Property Number: 21201110012 23 Bldgs. Property Number: 21201210034 21201320018 Bacher Street Ft. Knox Normandy Dr. 2nd Dragoons Rd & Abel St Ft. Knox KY 40121 Ft. Riley KS 66442 Fort Knox KY 40121 Location: 6097, 6098, 6099, 6113, 6114, 6115, Status: Excess Location: Bldgs.: 06547, 06548, 06549, 06550, 6116, 6118, 6120, 6121, 6123, 6124, 6614, Comments: off-site removal only; 9,850 sf.; 06551, 06552, 06553, 06554, 06557, 06558 6615, 6616, 7107, 9209, 9215, 9231, 9254, deteriorating; asbestos. Status: Unutilized 9256, 9361, 9619 Building 05309 Property Number: Comments: off-site removal only, multiple Status: Unutilized 21201320019 bldgs. w/various sq. footage (8,527–41,631 Comments: off-site removal only; sq. ft. Ewell St. sq. ft.) lead base paint, asbestos & mold varies, current use: varies; poor conditions- Ft. Riley KS 66442 identified in all bldgs. Current use varies. need repairs; lead, mold, and asbestos Status: Excess Fort Knox, 10 Bldgs. Property Number: identified. Comments: off-site removal only; 23,784 sf.; 21201110015 20 Bldgs. Property Number: 21201210035 lodging; deteriorating; asbestos. Eisenhower Ave Ft. Knox Building 00918 Property Number: Fort Knox KY 40121 Ft. Knox KY 40121 21201320020 Location: Bldgs.: 06535, 06536, 06537, 06539, Location: 45, 46, 64, 75, 79, 107, 114, 155, Caisson Hill Rd. 06540, 06541, 06542, 06544, 06545, 06546 202, 205, 299, 1373, 1997, 2319, 2350, Ft. Riley KS 66442 Status: Unutilized 3007, 6033, 6034, 6035, 6036 Status: Excess Comments: off-site removal only, multiple Status: Unutilized Comments: off-site removal only; 3,536 sf.; bldgs. w/various sq. ft. (2,510–78,436 sq. Comments: off-site removal only; sq. ft. admin. general purpose; deteriorating; ft.) lead base paint, asbestos & mold has varies, current use: varies; poor conditions- possible contamination; secured area; been identified in all bldgs. Current use need repairs; lead, mold, and asbestos however, prior approval to access is varies. identified. needed; contact Army for more info. 5 Bldgs. Property Number: 21201210036 Building 00621 Property Number: 11 Bldgs. Property Number: 21201140002 Ft. Knox Ft. Knox 21201320021 Ft. Knox KY 40121 Mitchell Terr. Ft. Knox KY 40121 Location: 02422, 02423, 02424, 02425, 02956, Location: 6038, 6039, 6040, 6093, 6094 Ft. Riley KS 66442 Status: Unutilized Status: Excess 02960, 00173, 02197, 02200, 00097, 00098 Status: Unutilized Comments: off-site removal only; sq. ft. Comments: off-site removal only; 12,640 sf.; varies, current use: varies; poor conditions- lodging; deteriorating; asbestos. Comments: off-site removal only; possible lead based paint, asbestos, and mold in all need repairs; lead, mold, and asbestos Building 7610 Property Number: bldgs.; sq. ft. varies; current use: office. identified. 21201410049 5 Bldgs. Property Number: 21201140003 22 Bldgs. Property Number: 21201220020 Fort Riley Ft. Knox Fort Riley KS 66442 Ft. Knox Ft. Knox KY 40121 Ft. Knox KY 40121 Status: Excess Location: 79, 204, 1610, 1996, 2955, 2959, Comments: off-site removal only; may not be Location: 02317, 02323, 02324, 02349, 02421 Status: Unutilized 2965, 2980, 2991, 6531, 6533, 6560, 6561, feasible to relocate due to sq. ft./type of 6563, 6564, 6565, 6566, 6592, 6594, 9183, Comments: off-site removal only; possible structure; 41,892 sq. ft. barracks; contact 9319, 9320 lead base paint, asbestos, and mold; sq. ft. Army for more information. Status: Unutilized varies; current use: office. 8 Buildings Property Number: 21201420002 Comments: off-site removal only; sf varies; Fort Riley 10 Bldgs. Property Number: 21201140016 usage varies; need repairs; lead and 610 Warrior Rd. Ft. Knox asbestos identified; need remediation. Ft. Knox KY 40121 Fort Riley KS 66442 15 Buildings Property Number: 21201230030 Location: 120, 161, 166, 171, 101, 114, 115, Location: 610, 7610, 7614,7616, 7842, 7846, Ft. Knox 116, 117, 1196 7850, 8063 Ft. Knox KY 40121 Status: Unutilized Status: Excess Location: 2991, 3006, 6127, 7345, 7346, 9254, Comments: off-site removal only; sq. ft. Comments: off-site removal only; major 9264, 9294, 9302, 9311, 9315, 9335, 9427, varies; current use: office space to storage; repairs needed, mold and asbestos; secured 9503, 9504 area; contact Army for information on a possible asbestos and mold. Status: Unutilized specific property and accessibility/removal 18 Bldgs. Property Number: 21201140032 Comments: use: maintenance; extremely poor request. Ft. Knox conditions; contamination identified; 502 Property Number: 21201430009 Ft. Knox KY 40121 contact Army for further details & Fort Riley Location: 51, 52, 70, 73, 74, 76, 2961, 2963, accessibility requirements. Fort Riley KS 66442 2964, 2969, 2970, 2971, 2972, 2973, 2974, 10 Buildings Property Number: 21201230031 Location: 502 2975, 2979, 2316 Ft. Knox Status: Excess Status: Unutilized Ft. Knox KY 40121 Comments: off-site removal only; 316 sq. ft.; Comments: off-site removal only; possible Location: 9505, 9506, 9507, 9508, 9509, 9617, office; structure type: Police Station; 55+ asbestos, mold, and lead base paint; sq. ft. 9675, 9681, 9706, 9707 years old; fair condition; contact Army for varies; current use: office. Status: Unutilized more information. Bldg. 2980 Property Number: 21201140078 Comments: sf. varies; extremely poor Kentucky Ft. Knox conditions; contamination identified; Fort Knox Property Number: 21201110011 Ft. Knox KY 40121 contact Army for further details & Eisenhower Avenue Status: Unutilized accessibility requirements. Fort Knox KY 40121 Comments: off-site removal only; 6,900 sq. Building A7140 Property Number: Location: Bldgs.: 06559, 06571, 06575, 06583, ft.; current use: office; possible asbestos 21201530102 06584, 06585, 06586 and mold. Fort Campbell Status: Unutilized Bldg. 1197 Property Number: 21201140079 Ft. Campbell KY 42223 Comments: off-site removal only; multiple Ft. Knox Status: Underutilized bldgs. w/various sq. footage (2,578–8,440 Ft. Knox KY 40121 Comments: 414 sq. ft.; 56+ yrs.-old; fair sq. ft.), current use varies (classroom— Status: Unutilized conditions; registration required on daily

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basis to access property; contact Army for Fort Polk LA 71459 Comments: off-site removal only; no future more information. Status: Unutilized agency need; residential; repairs needed; Louisiana Comments: off-site removal only; no future contamination; secured area; contact Army agency need; 5,396 sq. ft.; reloadable office; for more information on a specific property B–8248 Property Number: 21201210069 contact Army for more information. & accessibility requirements. Ft. Polk 6 Building Property Number: 21201340028 Ft. Polk LA 71459 7604D Property Number: 21201530045 Detroit Arsenal Status: Underutilized Fort Polk Warren MI 48092 Comments: 3,141 sf.; current use: Admin. Ft. Polk LA 71459 Location: WH007 (3,840 sq. ft.); WH008 Bldg.; poor conditions-need repairs. Status: Unutilized Comments: off-site removal only; no future (5,940 sq. ft.); WH009 (5,236 sq. ft.); B–8401 Property Number: 21201210070 agency need; 3,740 sq. ft.; reloadable office; WH010 (4,680 sq. ft.); WH011 (5,236 sq. Ft. Polk contact Army for more information. ft.); WH012 (5,236 sq. ft.) Ft. Polk LA 71459 Status: Unutilized 9 Buildings Property Number: 21201530073 Status: Underutilized Comments: off-site removal only; no future Fort Polk Comments: 3,141 sf.; current use: Admin. agency need; residential; repairs needed; Bldg.; poor conditions-need repairs. Ft. Polk LA 71459 contamination; secured area; contact Army 21 Buildings Property Number: 21201230034 Location: 00002 (190857; 4,070 sq. ft.); 00003 for more information on a specific property Polk (292997; 97 sq. ft.); 02531 (191515; 4,830 and accessibility requires. sq. ft.); 02599 (191521; 159 sq. ft.); 04250 Ft. Polk LA 71459 6 Buildings Property Number: 21201340029 Location: 9515, 9537, 9554, 9570, 9593, 9594, (191272; 240 sq. ft.); 07526 (299361; 480 sq. ft.); 09787 (293242; 608 sq. ft.); 09806 Detroit Arsenal 9601, 9602, 9603, 9604, 9607, 9609, 9618, Warren MI 48092 (188086; 2,834 sq. ft.); M0350 (188086) 9619, 9666, 9703, 9741, 9744, 9751, 9753, Location: WH019 (4,680 sq.); WH020 (5,940 Status: Underutilized 9755 sq.); WH021 (5,940 sq.); WH022 (4,680 sq.); Comments: off-site removal only; no future Status: Underutilized WH023 (5,940 sq.); WH024 (1,760 sq.) agency need; removal difficult due to type/ Comments: off-site removal only; sf. varies; Status: Unutilized use: varies; poor conditions; contact Army size; poor conditions; contact Army for Comments: off-site removal only; no future for further details re: a specific property. more details on a specific property. agency need; residential; repairs needed; 18 Buildings Property Number: 21201230035 Building 07043 Property Number: contamination; secured area; contact Army Polk 21201530101 for more information on a specific property Ft. Polk LA 71459 Fort Polk & accessibility requirements. Location: 9764, 9765, 9773, 9793, 9794, 9797, Fort Polk LA 71459 4 Buildings Property Number: 21201340031 9803, 9812, 9818, 9830, 9836, 9837, 9840, Status: Underutilized Detroit Arsenal 9854, 9913, 9914, 9917, 9920 Comments: off-site removal only; 1,200 sq. Warren MI 48092 Status: Underutilized ft.; maintenance building; poor conditions; Location: WH025 (1,760 sq.); WH026 (1,760 Comments: off-site removal only; sf. varies; contact Army for more information. sq. ft.); WH027 (1,760 sq.); WH028 (400 sq.) use: varies; poor conditions; contact Army Maryland Status: Unutilized for further details re: a specific property. Bldg. 06186 Property Number: 21201110026 Comments: off-site removal only; no future 7 Building Property Number: 21201330044 Ft. Detrick agency need; residential; repairs needed; Fort Polk Fredrick MD 21702 contamination; secured area; contact Army Fort Polk LA 71459 for more information on a specific property Status: Unutilized Location: 00916, 03313, 03314, 03315, 3316, & accessibility requirements. Comments: off-site removal only, 14,033 sq. 3320, 3323 ft., current use: communications ctr., bldg. Minnesota Status: Underutilized Comments: off-site removal only; sf. varies; not energy efficient but fair condition. 18 Bldgs. Property Number: 21201210059 no future agency need; poor conditions; 5 Buildings Property Number: 21201330008 1245 Hwy 96 West contact Army for more info. on a specific Ft. George G. Meade Arden Hills Army TRNG Site property & removal reqs. Ft. George MD 20755 Arden Hills MN 55112 Location: 12155, 12156, 12157, 01200, 01201, 13 Buildings Property Number: 21201330056 Location: 4, 239, 700, 2790, 8608 01202, 01203, 01204, 01205, 01206, 04202, Fort Polk Status: Unutilized 11218, 11219, 11220, 11221, 11222, 11223, Fort Polk LA 71459 Comments: off-site removal only; no future 04203 Location: 3335, 3341, 3342, 3344, 3348, 4798, agency need; sf. varies; fair to deteriorating Status: Unutilized 7144, 7192, 7193, 7194, 7199, 08091, 8092 conditions; secured area; contact Army re: Comments: off-site removal only; sf. varies; Status: Underutilized info. on a specific property & accessibility/ current use: storage; poor conditions-need Comments: off-site removal only; no future removal reqs. repairs. agency need; sf. varies; storage to picnic/ Michigan Missouri rec. shelter; poor conditions; contact Army 6 Buildings Property Number: 21201340026 for more info. on a specific property and Detroit Arsenal Bldg. T1497 Property Number: 21199420441 removal requirements. Warren MI 48092 Fort Leonard Wood 7604B Property Number: 21201530038 Location: WH001 (4,680 sq. ft.); WH002 Ft. Leonard Wood Co: Pulaski MO 65473– Fort Polk (3,910 sq. ft.); WH003 (5,256 sq. ft.); 5000 Fort Polk LA 71459 WH004 (3,840 sq. ft.) WH005 (5,236 sq. ft.); Status: Underutilized Status: Unutilized WH006 (5,940 sq. ft.) Comments: 4720 sq. ft., 2-story, presence of Comments: off-site removal only; no future Status: Unutilized lead base paint, most recent use—admin/ agency need; 3,740 sq. ft.; contact Army for Comments: off-site removal only; no future gen. purpose, off-site use only. more information. agency need; residential; repairs needed; Bldg. T2139 Property Number: 21199420446 7604C Property Number: 21201530039 contamination; secured area; contact Army Fort Leonard Wood Fort Polk for more information on a specific property Ft. Leonard Wood Co: Pulaski MO 65473– Fort Polk LA 71459 accessibility requires. 5000 Status: Unutilized 6 Buildings Property Number: 21201340027 Status: Underutilized Comments: off-site removal only; no future Detroit Arsenal Comments: 3663 sq. ft., 1-story, presence of agency need; 3,740 sq. ft.; reloadable Warren MI 48092 lead base paint, most recent use—admin/ company building; contact Army for more Location: WH013 (4,680 sq.); WH014 (5,236 gen. purpose, off-site use only. information. sq.); WH015 (3,000 sq.); WH016 (3,840 sq.); Bldg. T2385 Property Number: 21199510115 7308E Property Number: 21201530040 WH017 (3,000 sq.); WH018 (5,940 sq.) Fort Leonard Wood Fort Polk Status: Unutilized Ft. Leonard Wood Co: Pulaski MO 65473

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Status: Excess Status: Unutilized Building 03223 Property Number: Comments: 3158 sq. ft., 1-story, wood frame, Comments: 192 sq. ft., needs repair, most 21201330046 most recent use—admin., to be vacated 8/ recent use—generator bldg., off-site use Picatinny Arsenal 95, off-site use only. only. Dover NJ 07806–5000 Bldg. 2167 Property Number: 21199820179 Bldgs. 13210, 13710 Property Number: Status: Unutilized Fort Leonard Wood 21200430065 Comments: off-site removal only; no future Ft. Leonard Wood Co: Pulaski MO 65473– Fort Leonard Wood agency need; 312 sf.; 102 yrs.-old; poor 5000 Ft. Leonard Wood Co: Pulaski MO 65743– conditions; secured area; contact Army for Status: Unutilized 8944 more info. Comments: 1296 sq. ft., presence of asbestos/ Status: Unutilized New York lead paint, most recent use—admin., off- Comments: 144 sq. ft. each, needs repair, Bldg. 2218 Property Number: 21200510067 site use only. most recent use—communication, off-site Stewart Newburg USARC Bldgs. 2192, 2196, 2198 Property Number: use only. New Windsor Co: Orange NY 12553–9000 21199820183 P0002 Property Number: 21201510006 Status: Unutilized Fort Leonard Wood 88th Reginald Support Command Comments: 32,000 sq. ft., poor condition, Ft. Leonard Wood Co: Pulaski MO 65473– Cape Girardeau MO 63701 requires major repairs, most recent use— 5000 Status: Unutilized storage/services. Status: Unutilized Comments: off-site removal only; 96 sq. ft.; 7 Bldgs. Property Number: 21200510068 Comments: 4720 sq. ft., presence of asbestos/ storage; no future agency need; 14+ mons. Stewart Newburg USARC lead paint, most recent use—barracks, off- vacant; asbestos; contact Army for more New Windsor Co: Orange NY 12553–9000 site use only. information. Location: 2122, 2124, 2126, 2128, 2106, 2108, 12 Bldgs. Property Number: 21200410110 Montana 2104 Fort Leonard Wood Bldg. 00405 Property Number: 21200130099 Status: Unutilized Ft. Leonard Wood Co: Pulaski MO 65743– Fort Harrison Comments: sq. ft. varies, poor condition, 8944 Ft. Harrison Co: Lewis/Clark MT 59636 needs major repairs, most recent use— Location: 07036, 07050, 07054, 07102, 07400, Status: Unutilized storage/services. 07401, 08245, 08249, 08251, 08255, 08257, Comments: 3467 sq. ft., most recent use— Bldg. 4802 Property Number: 21201010019 08261 storage, security limitations. Fort Drum Status: Unutilized Jefferson NY 13602 Bldg. T0066 Property Number: 21200130100 Comments: 7152 sq. ft. 6 plex housing Status: Unutilized Fort Harrison quarters, potential contaminants, off-site Comments: 3300 sq. ft., most recent use— Ft. Harrison Co: Lewis/Clark MT 59636 use only. hdgts. facility, off-site use only. Status: Unutilized Bldgs. 4813 Property Number: 21201010020 6 Bldg. Property Number: 21200410111 Comments: 528 sq. ft., needs rehab, presence Fort Drum Fort Leonard Wood of asbestos, security limitations. Ft. Leonard Wood Co: Pulaski MO 65743– Jefferson NY 13602 8944 New Jersey Status: Unutilized Location: 07044, 07106, 07107, 08260, 08281, 4 Bldgs. Property Number: 21201220011 Comments: 750 sq. ft., most recent use—wash 08300 Picatinny Arsenal rack, off-site use only. Status: Unutilized Dover NJ 07806 Bldgs. 1240, 1255 Property Number: Comments: 9520 sq. ft., 8 plex housing Location: 1179, 1179A, 1179C, 1179D 21201010022 quarters, potential contaminants, off-site Status: Unutilized Fort Drum use only. Comments: off-site removal only; sf varies; Jefferson NY 13602 Bldgs. 08283, 08285 Property Number: usage varies; need repairs; contamination; Status: Unutilized 21200410113 remediation required; secured area; need Comments: various sq. ft., most recent use— Fort Leonard Wood prior approval to access property; contact vehicle maint. facility, off-site use only. Ft. Leonard Wood Co: Pulaski MO 65743– Army for more details. 6 Bldgs. Property Number: 21201010023 8944 4 Building Property Number: 21201240026 Fort Drum Status: Unutilized Route 15 North Jefferson NY 13602 Comments: 2240 sq. ft., 2 plex housing Picatinny Arsenal NJ 07806 Location: 1248, 1250, 1276, 2361, 4816, 4817 quarters, potential contaminants, off-site Location: 3701, 3702, 3706, 3709 Status: Unutilized use only. Status: Unutilized Comments: various sq. ft., most recent use— 15 Bldgs. Property Number: 21200410114 Comments: off-site removal only, sq. varies, storage, off-site use only. Fort Leonard Wood moderate conditions, restricted area; Bldgs. 02700 and 22630 Property Number: Ft. Leonard Wood Co: Pulaski MO 65743– contact Army for information on 21201210080 0827 accessibility removal and specific details Fort Drum Location: 08267, 08269, 08271, 08273, 08275, on a particular property. Fort Drum NY 13602 08277, 08279, 08290, 08296, 08301 Building 00063 Property Number: Status: Underutilized Status: Unutilized 21201310039 Comments: off-site removal only; sf. varies; Comments: 4784 sq. ft., 4 plex housing Picatinny Arsenal current use: varies; need repairs. quarters, potential contaminants, off-site Picatinny Arsenal NJ 07806 Bldg. 1345 Property Number: 21201220030 use only. Status: Underutilized Ft. Drum Bldg. 09432 Property Number: 21200410115 Comments: off-site removal only; 44,000 sf.; Ft. Drum NY Fort Leonard Wood storage; very poor conditions; w/in secured Status: Underutilized Ft. Leonard Wood Co: Pulaski MO 65743– area; contact Army for accessibility/ Comments: off-site removal only; 7,219 sf.; 8944 removal requirements. vehicle maint. shop.; extensive repairs Status: Unutilized Building 01186 Property Number: needed; secured area; need prior approval Comments: 8724 sq. ft., 6-plex housing 21201310040 to access property. quarters, potential contaminants, off-site Pictinny Arsenal Building 191 Property Number: 21201230005 use only. Dover NJ 07806 First Street West Bldgs. 5006 and 5013 Property Number: Status: Unutilized Ft. Drum NY 13602 21200430064 Comments: off-site removal only; 192 sf.; Status: Unutilized Fort Leonard Wood storage; very poor conditions; w/in Comments: off-site removal only; 5,922 sf.; Ft. Leonard Wood Co: Pulaski MO 65743– restricted area; contact Army for info. on use: Admin.; extensive structural damage; 8944 accessibility/removal requirements. remediation required before occupying

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bldg.; secured area; contact Army to area; contact Army for more info. on a Lawton Co: Comanche OK 73503–5100 schedule appt. to access property. specific property & removal accessibility Status: Unutilized 5 Buildings Property Number: 21201230006 reqs. Comments: 3571 sq. ft., 1 story wood frame, Ft. Drum Building 2560 Property Number: needs rehab, off-site use only, most recent Ft. Drum NY 13601 21201520032 use—motor repair shop. Location: 1454, 1456, 2443, 4890, 4893 Munns Corners Road Bldg. T–3325, Fort Sill Property Number: Status: Unutilized Fort Drum NY 13601 21199240681 Comments: off-site removal only; sf. varies; Status: Underutilized 3325 Naylor Road use; varies; extensive repairs needed due to Comments: off-site removal; 36 sq. ft.; no Lawton Co: Comanche OK 73503–5100 age; secured area; contact Army re: details future agency need; communication ctr.; Status: Unutilized on accessing property. poor conditions; contact Army for more Comments: 8832 sq. ft., 1 story wood frame, Building 1560 Property Number: information. needs rehab, off-site use only, most recent 21201240024 North Carolina use—warehouse. Rte. 293 Bldg. P–366, Fort Sill Property Number: Building 42843 Property Number: West Point NY 10996 21199610740 21201240034 Status: Unutilized Lawton Co: Comanche OK 73503 Ft. Bragg Comments: off-site removal only, 4544 sf., Status: Unutilized Ft. Bragg NC 28310 storage severely damage from hurricane Comments: 482 sq. ft., possible asbestos, Location: 42843 Irene, restricted area, contact Army on most recent use—storage, off-site use only. information on accessibility/removal. Status: Underutilized Comments: located in a secured area, public Bldg. T–810 Property Number: 21199730350 2 Buildings Property Number: 21201320034 access is denied and no alternative method Fort Sill Wheeler-Sack Army to gain access without compromising Lawton Co: Comanche OK 73503–5100 Ft. Drum NY 13602 national security. Status: Unutilized Location: Bldgs. 2908 & 2909 are each 11,809 Comments: 7205 sq. ft., possible asbestos/ Building D1209 Property Number: sf. lead paint, most recent use—hay storage, 21201330069 Status: Unutilized off-site use only. 4285 Gruber Road Comments: no future Army use; off-site Bldgs. T–837, T–839 Property Number: removal only; poor conditions; secured Ft. Bragg NC 28308 Status: Unutilized 21199730351 area; contact Army re: accessibility/ Fort Sill removal requirements. Comments: 15,327 sf; 21 yrs. old; extensive repairs needed; secured area; extensive Lawton Co: Comanche OK 73503–5100 3 Buildings Property Number: 21201330011 background check required; contact Army Status: Unutilized Ft. Drum for accessibility requirements. Comments:approx. 100 sq. ft. each, possible Ft. Drum NY 13602 asbestos/lead paint, most recent use— D3039 Property Number: 21201330070 Location: 2150, 2190, 2360 storage, offsite use only. Status: Underutilized 3912 Donovan Street Ft. Bragg NC 28308 Bldg. P–934 Property Number: 21199730353 Comments: off-site removal only; no future Fort Sill agency need; sf. varies; poor conditions; Status: Unutilized Comments: 13,247 sf.; 42 yrs. old; dining Lawton Co: Comanche OK 73503–5100 secured area; contact Army re a specific Status: Unutilized property & accessibility/removal reqs. facility; extensive repairs; extensive background check; secured area; contact Comments: 402 sq. ft., possible asbestos/lead Building 2022 Property Number: Army for accessibility requirements. paint, most recent use—storage, off-site use 21201330020 only. 3 Buildings Property Number: 21201540061 Wheeler Sack Army Airfield Bldg. T–2184 Property Number: 21199730364 Ft. Drum NY 13602 Fort Bragg Ft. Bragg NC 28310 Fort Sill Status: Unutilized Lawton Co: Comanche OK 73503–5100 Comments: off-site removal only; no future Location: Q3113–1034505 (64 sq. ft.); Q3414– 1034511 (64 sq. ft.); Q2322–296150 (17 sq. Status: Unutilized agency need; 115 sf.; communication ctr.; Comments:454 sq. ft., possible asbestos/lead 12t months vacant; poor conditions; secure ft.) Status: Unutilized paint, most recent use—storage, off-site use area; contact Army for accessibility/ only. removal reqs. Comments: very poor conditions; contact Bldgs. T–3001, T–3006 Property Number: 3 Buildings Property Number: 21201340018 Army for more information on a specific 21199730383 Fort Drum property listed above. Fort Sill Fort Drum NY 13602 Ohio Lawton Co: Comanche OK 73503–5100 Location: 2890 (560 sq.); 1388 (296 sq.); 4779 125 Property Number: 21201230025 Status: Unutilized (296 sq.) 1155 Buckeye Rd. Comments:approx. 9300 sq. ft., possible Status: Underutilized Lima OH 45804 asbestos/lead paint, most recent use— Comments: off-site removal only; no future Location: Joint Systems Manufacturing storage, off-site use only. agency need; poor conditions; secured Center Bldg. T–3314 Property Number: 21199730385 area; contact Army for more information on Status: Underutilized a specific property & accessibility Fort Sill Comments: off-site removal only; 2,284 sf.; Lawton Co: Comanche OK 73503–5100 requirements. use: storage; poor conditions; asbestos 01004 Property Number: 21201340038 Status: Unutilized identified; secured area; contact Army re: Comments:229 sq. ft., possible asbestos/lead Fort Drum accessibility requirements. Watertown NY 13602 paint, most recent use—office, off-site use Oklahoma Status: Underutilized only. Comments: off-site removal only; no future Bldg. T–838, Fort Sill Property Number: Bldg. T–5041 Property Number: 21199730409 agency need; obstacle course; dissemble 21199220609 Fort Sill required to relocate; restricted area; contact 838 Macomb Road Lawton Co: Comanche OK 73503–5100 Army for more info. Lawton Co: Comanche OK 73503–5100 Status: Unutilized 3 Buildings Property Number: 21201420010 Status: Unutilized Comments:763 sq. ft., possible asbestos/lead Fort Drum Comments: 151 sq. ft., wood frame, 1 story, paint, most recent use—storage, off-site use Fort Drum NY 13602 off-site removal only, most recent use—vet only. Location: 1395; 1495; 22639 facility (quarantine stable). Bldg. T–7775 Property Number: 21199730419 Status: Underutilized Bldg. T–954, Fort Sill Property Number: Fort Sill Comments: off-site removal only; no future 21199240659 Lawton Co: Comanche OK 73503–5100 agency need; poor conditions; secured 954 Quinette Road Status: Unutilized

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Comments: 1452 sq. ft., possible asbestos/ (10,190 SQ. FT.; Limited Use Instructional contamination; contact Army for more lead paint, most recent use—private club, Bldg.); 1521 (80 SQ. FT.; Oil Storage information. off-site use only. Building); 2590 (3,626 SQ. FT.; ADMIN 03R28, 02r28, & 01R28 Property Number: 4 Bldgs. Property Number: 21199910133 GENERAL PURPOSE) 21201440005 Fort Sill Status: Unutilized Fort Campbell P–617, P–1114, P–1386, P–1608 Comments: off-site removal only; no future Ft. Campbell TN 42223 Lawton Co: Comanche OK 73503–5100 agency need; removal difficult due to type/ Status: Underutilized Status: Unutilized size; 6+mons. vacant; contamination; Comments: off-site removal only; no future Comments: 106 sq. ft., possible asbestos/lead contact Army for more information on a agency need; 552 sq. ft.; range support paint, most recent use—utility plant, off- specific property listed above. facility; major repairs; secured area; contact site use only. Pennsylvania Army for more information. Bldg. P–746 Property Number: 21199910135 BUILDING 05127 Property Number: 21201440058 Fort Sill Building 01015 Property Number: Fort Campbell Lawton Co: Comanche OK 73503–5100 21201320031 Ft. Campbell TN 42223 Status: Unutilized 11 Hap Arnold Blvd. Status: Excess Comments: 6299 sq. ft., possible asbestos/ Tobyhanna PA 18466 Comments: off-site removal only; 224 sq. ft.; lead paint, most recent use—admin., off- Status: Unutilized storage; fair conditions; contact Army for site use only. Comments: off-site removal only; 3,120 sf.; more information on accessibility/removal Bldg. S–6430 Property Number: 21199910156 recruiting station; 1 month vacant; poor requirements. Fort Sill conditions; asbestos; secured area; contact 4 Buildings Property Number: 21201440059 Lawton Co: Comanche OK 73503–5100 Army for more info. Fort Campbell Status: Unutilized Building 01001 Property Number: Ft. Campbell TN 42223 Comments: 2080 sq. ft., possible asbestos/ 21201320035 Location: 05211 (320 sq. ft.); 05665 (800 sq. lead paint, most recent use—range support, 11 Hap Arnold Blvd. ft.); 00100 (800 sq. ft.); 01604 (126 sq. ft.) off-site use only. Tobyhanna PA 18466 Status: Excess Bldg. T–6461 Property Number: 21199910157 Status: Excess Comments: off-site removal only; fair Fort Sill Comments: off-site removal only; 4,830 sf.; conditions; usage varies; contact Army for Lawton Co: Comanche OK 73503–5100 youth center/admin.; 1 month vacant; poor more information on a specific property. Status: Unutilized conditions; asbestos; secured area; contact 06907 Property Number: 21201530029 Comments: 200 sq. ft., possible asbestos/lead Army for more info. Ft. Campbell paint, most recent use—range support, off- Ft. Campbell TN 42223 Puerto Rico site use only. Status: Unutilized Bldg. T–6462 Property Number: 21199910158 5 Buildings Property Number: 21201330037 Comments: 2,581 Sq. ft.; office; 50+ yrs. old; Fort Sill Ft. Buchanan fair conditions; needs repair; daily repair; Lawton Co: Comanche OK 73503–5100 Guaynabo PR 00934 contamination; daily registration required Status: Unutilized Location: 00141, 00551, 00558, 00570, 00579 to access property; contact Army for more Comments: 64 sq. ft., possible asbestos/lead Status: Excess information. paint, most recent use—control tower, off- Comments: Off-site removal only; 3 Buildings Property Number: 21201540017 site use only. deteriorated; secured area; contact Army Fort Campbell for info. on a specific property & Bldg. P–7230 Property Number: 21199910159 Ft. Campbell TN accessibility removal reqs. Fort Sill Location: 6995 (RPUID: 594789; 3,687 SQ. Lawton Co: Comanche OK 73503–5100 2 Buildings Property Number: 21201540057 FT.; OFFICE); 07825 (RPUID: 590376; Status: Unutilized USAG Fort Buchanan RQ327 15,111 SQ. FT.; Ammo Repair); A6924 Comments: 160 sq. ft., possible asbestos/lead Fort Buchanan PR 00934 (RPUID: 598990; 3,688 SQ. FT.; OFFICE) paint, most recent use—transmitter bldg., Location: 01024 (300 sq. ft.; storage); 01026 Status: Unutilized off-site use only. (300 sq. ft.; storage) Comments: Fair to poor conditions; asbestos Status: Excess present; contact Army for more Bldg. P–747 Property Number: 21200120120 Comments: off-site removal only; poor information on a specific property listed Fort Sill conditions; contact Army for more above. Lawton Co: Comanche OK 73503–5100 information on a property listed above. Status: Unutilized Texas Comments: 9232 sq. ft., possible asbestos/ Tennessee Bldgs. P6220, P6222 Property Number: lead paint, most recent use—lab, off-site 00869 Property Number: 21201430036 21200330197 use only. Fort Campbell Fort Sam Houston Bldg. P–842 Property Number: 21200120123 Fort Campbell TN 42223 Camp Bullis Fort Sill Status: Excess San Antonio Co: Bexar TX Lawton Co: Comanche OK 73503–5100 Comments: 3,076 sq. ft.; storage; fair Status: Unutilized Status: Unutilized conditions; asbestos in floor tiles; secured Comments: 384 sq. ft., most recent use— Comments: 192 sq. ft., possible asbestos/lead area; contact Army for more information. carport/storage, off-site use only. paint, most recent use—storage, off-site use 07612 Property Number: 21201430044 Bldgs. P6224, P6226 Property Number: only. Fort Campbell 21200330198 Bldg. P–1672 Property Number: 21200120126 Fort Campbell TN 42223 Fort Sam Houston Fort Sill Status: Excess Camp Bullis Lawton Co: Comanche OK 73503–5100 Comments: 600 sq. ft.; storage; fair condition; San Antonio Co: Bexar TX Status: Unutilized secured area; contact Army for more Status: Unutilized Comments: 1056 sq. ft., possible asbestos/ information. Comments: 384 sq. ft., most recent use— carport/storage, off-site use only. lead paint, most recent use—storage, off- 9 Buildings Property Number: 21201440002 site use only. Fort Campbell Bldgs. 04281, 04283 Property Number: 6 Buildings Property Number: 21201540034 Ft. Campbell TN 42223 21200720085 Fort Sill Location: 00039; 00846; 05123; 05638; 05640; Fort Hood Ft. Sill OK 73503 05641; 05646; 07540; 07811 Bell TX 76544 Location: 1500 (100 SQ. FT.; Fueling/POL/ Status: Excess Status: Excess Wash Support Bldg.); 1501 (9,802 SQ. FT.; Comments: off-site removal only; relocation Comments: 4000/8020 sq. ft., most recent Vehicle Maintenance Shop);1502 (9,938 may be extremely difficult due to size/type; use—storage shed, off-site use only. SQ. FT.; Vehicle Maintenance Shop); 1503 sq. ft. varies; poor conditions; Bldg. 04285 Property Number: 21200720087

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Fort Hood Comments: off-site removal only; 180 sf.; Fort Hood Bell TX 76544 dispatch bldg.; poor conditions; limited Fort Hood TX 76544 Status: Excess public access; asbestos/lead identified; Status: Excess Comments: 8000 sq. ft., most recent use— contact Army for info. on accessibility/ Comments: off-site removal only; 2,810 sq. storage shed, off-site use only. removal. ft.; semi-permanent structure type; 11+ Bldg. 04286 Property Number: 21200720088 Building 50 Property Number: 21201240014 months vacant; fair condition; Fort Hood 50 Slater Rd. contamination; secured area; contact Army Bell TX 76544 Ft. Bliss TX 79916 for more information. Status: Excess Status: Excess 07133 Property Number: 21201440011 Comments: 36,000 sq. ft., presence of Comments: off-site removal only; 9,900 sf.; Fort Bliss asbestos, most recent use—storage shed, office; poor conditions; limited public Ft. Bliss TX 79916 off-site use only. access; asbestos/lead identified; contact Status: Unutilized Bldg. 04291 Property Number: 21200720089 Army for info. on accessibility/removal. Comments: off-site removal only; no future Fort Hood 2 Building Property Number: 21201330029 agency need; relocation difficult due to Bell TX 76544 Fort Bliss size/type; 12,178 sq. ft.; storage; 120+ Status: Excess Fort Bliss TX 79916 months vacant; poor conditions; contact Comments: 6400 sq. ft., presence of asbestos, Location: 05015 (22,915 sf.); 05019 (23,495 Army for more information. most recent use—storage shed, off-site use sf.) 5 Buildings Property Number: 21201440012 only. Status: Unutilized Fort Bliss Bldg. 00324 Property Number: 21200810049 Comments: off-site removal only; no future Ft. Bliss TX 79916 Fort Hood agency need; poor conditions; 6+ months Location: 07134; 07142; 07153; 07162; 07178 Bell TX 76544 vacant; contact Army for info. on Status: Unutilized Status: Unutilized accessibility; removal reqs. Comments: off-site removal only; no future Comments: 13,319 sq. ft., most recent use— 92065 Property Number: 21201420021 agency need; relocation difficult due to roller skating rink, off-site use only. 92065 Supply Rd. size/type; sq. ft. varies; 120+ months vacant; poor conditions; contact Army for Bldg. 04449 Property Number: 21200810056 Fort Hoop TX 76544 more information. Fort Hood Status: Excess Bell TX 76544 Comments: off-site removal only; 3,994 sq. 05095 Property Number: 21201440022 Status: Unutilized ft.; admin general purpose; 1+ month Fort Bliss Comments: 3822 sq. ft., most recent use— vacant; contact Army for more information. Ft. Bliss TX 79916 police station, off-site use only. 4285 Property Number: 21201430019 Status: Unutilized Comments: off-site removal only; no future B–42 Property Number: 21201210007 Fort Hood agency need; 12+ months vacant; good Fort Hood Fort Hood TX 76544 conditions; secured area; contact Army for Ft. Hood TX 76544 Location: 4285 more information. Status: Excess Status: Unutilized Comments: off-site removal only; 893 sq. ft.; Comments: off-site removal only; no future 07113 Property Number: 21201440023 current use: storage; asbestos identified. agency need; semi-perm. Structure type; Fort Bliss 10,552 sq. ft.; removal may be difficult due Ft. Bliss TX 79916 B–1301 Property Number: 21201220001 to size; poor condition; secured area; Status: Unutilized Ft. Bliss contact Army for more information. Comments: off-site removal only; 8,855 sq. Ft. Bliss TX 79916 ft.; no future agency need; relocation Status: Underutilized 2 Buildings Property Number: 21201430020 difficult due to size/type; 120+ months Comments: off-site removal only; 18,739 sf.; Fort Hood vacant; child-care center; poor conditions; current use: thrift shop; poor conditions; Fort Hood TX 76544 Location: 4461 (6,515 sq. ft.); 4611 (3,311 sq. contact Army for more information. need repairs. ft.) 2 Buildings Property Number: 21201440035 Bldg. 7194 Property Number: 21201220002 Status: Excess Yoakum USARC Ft. Bliss Comments: off-site removal only; removal Yoakum TX 77995 Ft. Bliss TX 79916 may be difficult due to size/type; fair to Location: P1005; P1006 Status: Unutilized poor condition; asbestos present in Status: Underutilized Comments: off-site removal only; 2,125 sf.; building 4611; secured area; contact Army Comments: off-site removal only; no future current use: housing; poor conditions— for more information. agency need; 30 sq. ft.; storage for need repairs; asbestos & lead identified; 4408 Property Number: 21201430021 flammable materials; 53+ yrs.-old; need remediation. Fort Hood remediation needed; contact Army for Building 6951 Property Number: Fort Hood TX 76544 more information. 21201240010 Location: 4408 4 Buildings Property Number: 21201520026 11331 Montana Ave. Status: Excess Fort Hood Ft. Bliss TX 79916 Comments: off-site removal only; semi-perm. Fort Hood TX 76544 Status: Excess Structure type; 9,812 sq. ft.; removal Location: Buildings 12000 (284 sq.); 4496 Comments: off-site removal only; 288 sf.; difficult due to size; fair condition; secured (284 sq.); 27000 (284 sq.); 86000 (284 sq.) utility bldg.; poor conditions; limited area; contact Arm for more information. Status: Unutilized public access; contact Army for info. on 9 Buildings Property Number: 21201430030 Comments: off-site removal; 32+yrs. old; accessibility/removal. Fort Hood equipment bldgs.; 1+ mos. vacant; no Building 6942 Property Number: Fort Hood TX 76544 future agency need; contact Army for more 21201240011 Location: information. 11331 Montana Ave. 4640 (1,606sq.ft.); 4641 (2,021sq.ft.); 4644 10 Buildings Property Number: 21201520043 Ft. Bliss TX 79916 (4,080sq.ft.); 4656 (4,045sq.ft.); 4657 USAG Fort Bliss Status: Excess (4,040sq.ft.); 36019 (3,192sq.ft.); 36027 USAG Fort Bliss TX 79916 Comments: off-site removal only; 1,059 sf.; (2,425sq.ft.); 36028 (2,400sq.ft.); 36043 Location: Building 05096 (768 sq.); 08396 storage; poor conditions; limited public (5,000sq.ft.) (198 sq.); 08395 (198 sq.); 08380 (900 sq.); access; contact Army for info. on Status: Unutilized 08365 (132 sq.); 08364 (432 sq.); 08309 accessibility/removal. Comments: off-site removal only; no future (120 sq.); 08348 (108 sq.); 08268 (432 sq.); Bldg. 2432 Property Number: 21201240013 agency need; due to site relocation may be 08349 (100 sq.) Carrington Rd. difficult; poor condition; secured area; Status: Unutilized Ft. Bliss TX 79916 contact Army for more information. Comments: off-site removal; 28–70 yrs. old Status: Excess 715 Property Number: 21201430047 for bldgs. respectively above; admin; toilet;

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storg; range bldg.; off. qtrs.; vacant 12–60 Building 00030 Property Number: Washington mos.; poor cond; no future agency need; 21201310067 Bldg. 8956 Property Number: 21199920308 contact Army for more info. Tooele Army Depot Fort Lewis 90005; RPUID:285770 Property Number: Tooele UT 84074 Ft. Lewis Co: Pierce WA 98433 21201540012 Status: Underutilized Status: Excess Clarke Road Comments: off-site removal only; Comments: 100 sq. ft., needs repair, presence Fort Hood TX playground; disassembly required; minor of asbestos/lead paint, most recent use— Status: Excess restoration needed; restricted area; contact storage, off-site use only. Comments: off-site removal only; removal Army for accessibility/removal reqs. E1302 & R7610 Property Number: extremely difficult due to type; 181 sq. ft.; Building 01322 Property Number: 21201230028 Navigation Building, Air; contact Army for 21201330047 JBLM more information. 1 Tooele Army Depot JBLM WA 98433 92044; RPUID: 286348 Property Number: Tooele UT 84074 Status: Unutilized 21201540021 Status: Unutilized Comments: 80 sf. (E1302); 503 sf. (R7610); Loop Road Comments: off-site removal only; no future use: varies; major repairs needed; secured Fort Hood TX 76544 agency need; 53 sf.; 26+ months vacant; area; contact Army re: accessibility Status: Excess access control facility; poor conditions; requirements. Comments: off-site removal only; removal secured area; contact Army for more info. Bldg. 06239 Property Number: 21201430053 extremely difficult due to type/size; 1,920 on accessibility removal reqs. Joint Base Lewis McChord SQ. FT.; Admin General Purpose; lead and Virginia JBLM WA 90433 asbestos contamination; contact Army for Status: Unutilized more information. Fort Story Property Number: 21200720065 Comments: off-site removal only; no future 1348 (RPUID: 313187) Property Number: Ft. Story VA 23459 agency need; deconstruct to relocate; 21201540022 Status: Unutilized difficult to relocate due to size/type; poor North Avenue Comments: 525 sq. ft., most recent use— conditions; contact Army for more info. power plant, off-site use only. Fort Hood TX 76544 23 Buildings Property Number: 21201430054 Status: Excess 8 Bldgs. Property Number: 21201220004 Joint Base Lewis McChord Comments: off-site removal only; 654 sq. ft.; Ft. Belvoir JBLM WA 98433 Admin General Purpose; fair/moderate Ft. Belvoir VA 22060 Location: 03223; 03225; 03627; 03628; 03629; conditions; Asbestos located in Building Location: 808, 1150, 1197, 2303, 2903, 2905, 03632; 03638; 03640; 03641; 03643; 03644; caulking and putties; contact Army for 2907, 3137 03645; 06991; 09663; 09998; 11680; A0303; more information. Status: Excess C1342; F0017; F0018; J0831; J0833; W3641 91003; RPUID: 286087 Property Number: Comments: off-site removal only; sf. varies; Status: Underutilized 21201540025 usage varies; good to poor conditions; may Comments: off-site removal only; no future West Headquarters Avenue require repairs; contact Army for more agency need; deconstruct to relocate; Fort Hood TX 76544 details on specific properties. difficult to relocate due to type/size; poor Status: Excess 9 Buildings Property Number: 21201240003 conditions; secured area; contact for more Comments: off-site removal only; removal Ft. Belvoir info. extremely difficult due to type; 325 sq. ft.; Ft. Belvoir VA 22060 Building 02080 Property Number: Storage General Purpose; possible lead and Location: 358, 361, 1140, 1141, 1142, 1143, 21201440048 asbestos contamination; contact Army for 1498, 1499, 2302 Joint Base Lewis McChord more information. Status: Unutilized JBLM WA 98433 36017; RPUID: 174093 Property Number: Comments: off-site removal only; sf. varies; Status: Underutilized 21201540027 Admin.; fair conditions; located in Comments: off-site removal only; no future Wratten Drive restricted area; contact Army for info. on agency need; relocation may be difficult Fort Hood TX 76544 accessibility/removal & specific info. on a due to type/size; 2,031 sq. ft.; storage; 1+ Status: Excess property. month vacant; major repairs needed; Comments: off-site removal only; removal 510 Property Number: 21201430007 contact Army for more information. extremely difficult due to type/size; 2,400 Defense Supply Center 2 Buildings Property Number: 21201440057 sq. ft.; Laboratory; contact Army for more Richmond VA 23237 Joint Base Lewis McChord information. Location: 510 JBLM WA 98433 Utah Status: Excess Location: 01036; 01037 Building 00118 Property Number: Comments: off-site removal only; removal Status: Underutilized 21201310002 may be difficult due to structure type; Comments: off-site removal only; no future 1 Tooele Army Depot Barbeque Pit; 20 sq. ft.; 22+ years old; agency need; relocation extremely difficult Tooele UT 84074 secured area; contact Army for more due to size; 8,142 sq. ft. for each; major Location: previously reported under HUD information. repairs needed; contact Army for more property number 21200740163 Building 22696 Property Number: information. Status: Underutilized 21201510015 5 Buildings Property Number: 21201510042 Comments: off-site removal only; 6,136 sf.; 4 Fort Drum Joint Base Lewis McChord mons. vacant; barracks; major repairs Ft. Drum VA 13602 JBLM WA 98433 needed; w/in secured area; contact Army Status: Unutilized Location: D0110 (148 sq. ft.); 03933 (192 sq. for info. on accessibility/removal reqs. Comments: off-site removal only; no future ft.); O04ED(48 sq. ft.); 14109 (225 sq. ft.); Building 00155 Property Number: agency need; removal may be difficult; 400 09643 (720 sq. ft.) 21201310003 sq. ft.; range operations bldg.; deteriorated; Status: Underutilized 1 Tooele Army Depot contact Army for more information. Comments: off-site removal only; no future Tooele UT 84074 T–482 Property Number: 21201520003 agency need; significant repairs needed; Location: previously reported under HUD JB Myer Henderson Hall contact Army for more information on a property number 21200740165 Ft. Myer VA 22211 specific property. Status: Underutilized Status: Excess Building 03932 Property Number: Comments: off-site removal only; 8,960 sf.; Comments: off-site removal only; 8,267 sq. 21201520001 bowling ctr.; major repairs needed; w/in ft.; relocation may be difficult to size; Joint Base Lewis McChord secured area; contact Army for info. on office; 6+ months vacant; contact Army for JBLM WA 98433 accessibility/removal reqs. more information. Status: Underutilized

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Comments: off-site removal only; no future Disposal Agency: GSA Building agency need; 120 sq. ft.; storage; 49+ yrs.; Status: Excess Mississippi significant repairs for restoration; Comments: 50+ yrs. old; 80 sq. ft.; storage; contamination; contact Army for average condition; contact GSA for more Facility #457-Mainteinance & Property accessibility and removal requirements. information. Number: 77201520021 Repair Facility GSA Number: 1–D–WI–622 COE Naval Construction Battalion Center Social Security Office Bldg. Property Gulfport MS 39501 Building Number: 54201540012 Status: Unutilized 606 N. 9th Street Arkansas Comments: off-site removal only; 8.25+ yrs. Sheboygan WI ′ ′ old; 928 sq. ft.; 30+ mos. vacant; 10 x24 Concrete Floor & Slab Property Location: WI0098ZZ maintenance; exceeded its useful life; no Number: 31201540003 Status: Excess future agency need; contact Navy for more Roof Comments: 37+yrs. old; 4,566 sq. ft.; office information. 10299 Bay Ridge Dr. building; contact GSA for more Dardanelle AR 72834 information. North Carolina Status: Underutilized GSA Number: 1–W–623–AA 2 Buildings Property Number: 77201530011 Comments: 240 sq. ft.; rec. facility Interior East of NC Hwy 33 (campground) restroom; fair conditions; Hobucken NC 28537 contact COE for more information. Building Location: 200’Communication Tower; Tower 2 Structures Property Number: 31201540004 California Support Facility blue Mountain Lake Field Office Status: Excess CESWL–OP–NB–B Biology Trailer Property Number: Comments: off-site removal only; contact Havana AR 72842 61201510002 Navy for information. Location: Waveland Park Vault Toilet, 6525 Lindermann Rd. Land BLUMTN–43365, 16′x10′8″; Tower Heights Byron CA 94514 Park, Vault Toilet, BLUMTN–43347, Status: Unutilized Swann Quarter Tower; N60191 Property 10′8’’x24′ Comments: off-site removal only; no future Number: 77201540004 Status: Underutilized agency need; 1,976 sq. ft.; missing door/ Naval Air Station Oceana floor boards & wall rotten; contact Interior Comments: deteriorated/decay; will require Hyde Co. NC for more information. substantial repairs; contact COE for more Status: Excess information. Vermont Comments: 11.11 acres; contact Navy for more information. 2 Structures Property Number: 31201540005 Tract #1–205–30, Property Number: Blue Mountain Lake Field Office 61201540005 Building Bartlett House; Appalachian National Scenic CESWL–OP–NB–B Texas Plainview AR 72842 Trail; 563 Bartlett Brook Rd. Location: Fish Cleaning Station with canopy, Pomfret VT 05067 3 Buildings Property Number: 77201530024 NIMROD–44953, 144 sq. ft.; Fish Cleaning Status: Excess Naval Air Station Corpus Christi Station with canopy, NIMROD–44942 Comments: off-site removal only; 900 sq. ft.; Corpus Christi TX 78419 Status: Underutilized structurally sound; boarded up; contact Location: Bldg. H56B (900 sq.); Bldg. H–111 Comments: deteriorated/decay; will require Interior for more information. (255 sq. ft.); Bldg. H–101 (1,260 sq.) Status: Excess substantial repairs; contact COE for more Navy Comments: 27–62 yrs. old; bathhouse, information. Building generator bldg., CPO club; poor conditions; Oklahoma obtain visitor’s pass for entry; contact Navy California Land for more information. Facility 20281 Property Number: Facility H56 Property Number: 77201530025 0.1 Acres of Land Property Number: 77201510003 Naval Air Station Corpus Christi 31201540002 Naval Air Weapons Station Corpus Christi TX 78419 Lake Eufaula China Lake CA 93555 Status: Excess Lake Eufaula OK Status: Excess Comments: 76+ yrs. old; swimming pool; Status: Unutilized Comments: off-site removal only; 346 sq. ft.; poor condition; must obtain visitor’s pass; Comments: 100% of property occupied by 20+ yrs.-old; short range air navigational contact Navy for more information. unauthorized encroachment consisting of a aid; roof need to be replaced; portion of a residence and porch. contamination; contact Navy for more Washington information. B327 Property Number: 77201510013 GSA Florida Naval Air Station Whidbey Island WA Building Oak Harbor WA 98278 Yellow Water Property Number: Illinois Status: Unutilized 77201530026 Comments: 71+ yrs. old; vacant 3 yrs.; 192 sq. (MED) Outer Marker (OM) Property Number: Normandy Blvd. ft.; water facility; no heat or water; door NAS Jacksonville FL 54201540006 conditions; contact Navy for more info. Facility Status: Unutilized 297 Spring Lake Drive Comments: 102 acres; recreational; contact TITLE V PROPERTIES REPORTED IN YEAR Itasca IL 60143 Navy for more information. 2015 WHICH ARE SUITABLE AND UNAVAILABLE Location: Land Holding Agency: FAA Land Disposal Agency: GSA Air Force Status: Surplus Guam Comments: .441 acres; FAA tower site; Andersen Administrative Annex Property Building contact GSA for more information. Number: 77201530027 Oklahoma GSA Number: 1–U–IL–805. (Andy South) Marine Corps Dr. & Turner Street 24 Buildings Property Number: 18201310040 Wisconsin Yigo GU Tinker AFB FM Repeater Station Install.#3 Property Status: Unutilized Tinker AFB OK 73145 Number: 54201540003 Comments: 43,560 sq. ft. portion of Anderson Status: Excess Sec. 26, T. 9N, R 6W Administrative Annex is occupied by the Reason: Federal need Lynnville WI 54626 Guam Fire Dept. contact Navy for more Building 4008 Property Number: Location: Land Holding Agency: COE information. 18201320085

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6285 Hilltop Rd. Olney Co: Montgomery MD 20882 Status: Unutilized Tinker AFB OK 73145 Status: Unutilized Reason: In use Status: Excess Reason: Occupied Bldg. 00467 Property Number: 21200530085 Reason: Existing Federal need. Bldgs. 00034, 00H016 Property Number: Fort Leonard Wood Army 21200520117 Ft. Leonard Wood Co: Pulaski MO 65743 Federal Support Center Status: Unutilized Building Olney Co: Montgomery MD 20882 Reason: Occupied Arizona Status: Unutilized Texas Reason: Occupied Bldg. 22541 Property Number: 21200520078 Bldg. 04632 Property Number: 21200620093 Bldgs. 00H10, 00H12 Property Number: Fort Huachuca Fort Hood 21200520118 Cochise AZ 85613–7010 Bell TX 76544 Federal Support Center Status: Excess Olney Co: Montgomery MD 20882 Status: Excess Reason: Occupied Status: Unutilized Reason: Occupied Bldg. 22040 Property Number: 21200540076 Reason: Occupied Bldg. 04640 Property Number: 21200620094 Fort Huachuca Fort Hood Missouri Cochise AZ 85613 Bell TX 76544 Status: Excess Bldg. 1230 Property Number: 21200340087 Status: Excess Reason: Occupied Fort Leonard Wood Reason: Occupied Ft. Leonard Wood Co: Pulaski MO 65743– California Bldg. 4207 Property Number: 21200740076 8944 Fort Hood 00806 Property Number: 21201410017 Status: Unutilized Bell TX 76544 Fort Hunter Liggett Reason: Occupied Status: Excess Fort Hunter Liggett CA 93928 Bldg. 1621 Property Number: 21200340088 Reason: Utilized Status: Unutilized Fort Leonard Wood Bldg. 4219A Property Number: 21200740079 Reason: Existing Federal Need Ft. Leonard Wood Co: Pulaski MO 65743– Fort Hood 8944 Georgia Bell TX 76544 Status: Unutilized Status: Excess 1096 Property Number: 21201410001 Reason: Occupied Fort Stewart Reason: Utilized Bldg. 5760 Property Number: 21200410102 Ft. Stewart GA 31314 Bldg. 04485 Property Number: 21200740084 Fort Leonard Wood Status: Excess Fort Hood Ft. Leonard Wood Co: Pulaski MO 65743– Reason: Existing Federal Need; Occupied Bell TX 76544 8944 Status: Excess 3 Buildings Property Number: 21201410002 Status: Unutilized Reason: Utilized Hunter Army Airfield Reason: Occupied Hunter Army Airfield GA 31409 Bldg. 04489 Property Number: 21200740086 Bldg. 5762 Property Number: 21200410103 Status: Excess Fort Hood Fort Leonard Wood Reason: Existing Federal Need; Occupied Ft. Hood TX 76544 Ft. Leonard Wood Co: Pulaski MO 65743– Status: Excess 1124 Property Number: 21201410010 8944 Reason: Utilized Hunter Army Airfield Status: Unutilized Hunter Army Airfield GA 31409 Reason: Occupied Bldg. 20102 Property Number: 21200740091 Status: Excess Fort Hood Bldg. 5763 Property Number: 21200410104 Reason: Existing Federal need; occupied Bell TX 76544 Fort Leonard Wood Status: Excess Louisiana Ft. Leonard Wood Co: Pulaski MO 65743– Reason: Utilized Bldgs. T406, T407, T411 Property Number: 8944 21200540085 Status: Unutilized Bldg. 56329 Property Number: 21200740100 Fort Polk Reason: Occupied Fort Hood Bell TX 76544 Ft. Polk LA 71459 Bldg. 5765 Property Number: 21200410105 Status: Excess Status: Unutilized Fort Leonard Wood Reason: Utilized Reason: Occupied Ft. Leonard Wood Co: Pulaski MO 65743– 8 Buildings Property Number: 21201340023 8944 Bldg. 92043 Property Number: 21200740102 Fort Polk Status: Unutilized Fort Hood Fort Polk LA 71459 Reason: Occupied Bell TX 76544 Status: Excess Status: Underutilized Bldg. 5760 Property Number: 21200420059 Reason: Utilized Reason: Existing Federal need Fort Leonard Wood Bldg.4404 Property Number: 21200740190 Maryland Ft. Leonard Wood Co: Pulaski MO 65743– 8944 Fort Hood Bldg. 1007 Property Number: 21200140085 Status: Unutilized Bell TX 76544 Ft. George G. Meade Reason: In use Status: Excess Ft. Meade Co: Anne Arundel MD 20755 Reason: Utilized Bldg. 5762 Property Number: 21200420060 Status: Unutilized Bldg. 94031 Property Number: 21200740194 Reason: Occupied Fort Leonard Wood Ft. Leonard Wood Co: Pulaski MO 65743– Fort Hood Bldg. 8608 Property Number: 21200410099 8944 Bell TX 76544 Fort George G. Meade Status: Unutilized Status: Excess Ft. Meade MD 20755–5115 Reason: In use Reason: Utilized Status: Unutilized Bldg. 5763 Property Number: 21200420061 Building 6924 Property Number: Reason: Occupied Fort Leonard Wood 21201240012 Bldg. 0001C Property Number: 21200520115 Ft. Leonard Wood Co: Pulaski MO 65743– 11331 Montana Ave. Federal Support Center 8944 Ft. Bliss TX 79916 Olney Co: Montgomery MD 20882 Status: Unutilized Status: Excess Status: Unutilized Reason: In use Reason: Occupied Reason: Occupied Bldg. 5765 Property Number: 21200420062 8 Buildings Property Number: 21201410020 Bldgs. 00032, 00H14, 00H24 Property Fort Leonard Wood Fort Hood Number: 21200520116 Ft. Leonard Wood Co: Pulaski MO 65743– Ft. Hood TX 76544 Federal Support Center 8944 Status: Excess

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Reason: Existing Federal Need; Occupied 1354 Palomar Circle 600 Seabee Drive 9 Buildings Property Number: 21201410021 Sacramento CA 95831 Belton MO 64068 Fort Hood Status: Surplus Status: Surplus Fort Hood TX 96544 GSA Number: 9–U–CA–1707–AA GSA Number: 7–D–MO–0705 Status: Excess Reason: Expression of Interest Received Reason: Expression of Interest Received Reason: Existing Federal need; occupied Building Nebraska 8 Buildings Property Number: 21201410023 Connecticut Grand Island U.S. Post Office Property Fort Hood Number: 54201520018 and Courthouse Fort Hood TX 76544 Shepard of the Sea Chapel & Property 203 West 2nd Street Status: Excess Number: 54201510010 Grand Island NE 68801 Reason: Existing Federal need; occupied Community Center Status: Surplus 231 Gungywamp Rd. 8 Buildings Property Number: 21201410028 GSA Number: 7 G–NE–0519–AA Groton CT 06340 Fort Hood Reason: Expression of interest received. Status: Excess Ft. Hood TX 76544 GSA Number: CT–0933 Land Status: Excess Reason: Advertised for sale Reason: Existing federal need; occupied Nevada District of Columbia Virginia USGS Elko Parcel Property Number: 49 L Street Property Number: 54201520003 54201540013 Bldg. T2827 Property Number: 21200320172 49 L St. SE 1701 North 5th Street Fort Pickett Washington DC 20003 Elko NV 89801 Blackstone Co: Nottoway VA 23824 Status: Excess Status: Surplus Status: Unutilized GSA Number: DC–496–1 GSA Number: 9–I–NV–0465–AE Reason: Occupied Reason: Expression of Interest Received Reason: Expression of interest Bldg. 01014 Property Number: 21200720067 Fort Story Louisiana Building Ft. Story VA 23459 110 Willow Street Property Number: New York Status: Unutilized 54201540005 Reason: Occupied 110 Willow Street Michael J. Dillon Property Number: 54201540010 Bldg. 01063 Property Number: 21200720072 Homer LA 71040 Status: Excess U.S. Memorial Courthouse Fort Story 68 Court Street Ft. Story VA 23459 GSA Number: 7–A–LA–0533–AA Reason: Expression of interested received Buffalo NY 14202 Status: Unutilized Status: Excess Reason: Occupied Land GSA Number: NY–0993–AA Bldg. 00215 Property Number: 21200720073 Maine Reason: Expression of interest received Fort Eustis Ft. Eustis VA 23604 Former Non Directional Beacon Property Land Status: Unutilized Number: 54201510012 QTP Radio Comm. Link Property Number: Reason: Occupied ‘‘Waterville, Maine NDB’’ 54201510006 3176 Middle Road Washington Repeater Facility Sidney ME 04330 N. of Tennanah Rd. 03215 Property Number: 21201410008 Status: Surplus Fremont NY 12736 Joint Base Lewis McChord GSA Number: 1–U–ME–0696–AA Status: Excess JBLM WA 98433 Reason: Conveyance pending GSA Number: 1–U–NY–0988–AA Status: Underutilized Reason: Conveyance pending. Reason: Existing federal Need; Occupied Building Former ELM Directional Finder Property 03221 Property Number: 21201410039 Michigan Number: 54201520004 Joint Base Lewis McChord Former Newport Nike Missile Property N. of Halderman Hollow Rd. JBLM WA 98433 Number: 54201530010 Big Flats NY 14903 Status: Underutilized Site D–58 Status: Excess Reason: Existing Federal Need 800 East Newport Road GSA Number: 1–U–NY–0990–AA Newport MI 48166 GSA Reason: Conveyance pending. Status: Excess Building GSA Number: 1–D–MI–0536 Building Alabama Reason: Advertised for sale North Carolina SGT Jack Richburg USARCr Property Minnesota Johnson J. Hayes Federal Build Property Number: 54201520016 Erving L. Peterson Memorial Property Number: 54201540015 107 Kinston Highway Number: 54201520012 207 West Main Street Opp AL 36467 USARC Wilkesboro NC 28697 Status: Excess 1813 Industrial Blvd. Status: Excess GSA Number: 4–D–AL–0816AA Fergus Falls MN 56537 GSA Number: NC–0735–AB Reason: Conveyance pending Status: Excess Reason: Expression of interest received GSA Number: 1–D–MN–0599–AA Arkansas Oklahoma Reason: Advertised for sale 708 Prospect Avenue Property Number: FM Repeater Station Install.#3 Property Carl F. Albert FB/CH Property Number: 54201530006 Number: 54201540004 54201540014 708 Prospect Avenue Sec. 24, T. 105N, R 5W McAlester Hot Springs AR 71901 Dresbach MN 301 E. Carl Albert Parkway Status: Surplus Status: Excess McAlester OK 74501 GSA Number: 7–I–AR–0415–EG GSA Number: 1–D–MN–598 Status: Excess Reason: Advertised for sale Reason: Expression of interest received GSA Number: 7–G–OK–0583–AA Reason: Expression of interest received Land Missouri California Former NMCB15 Richards-Gedaur Property Land FAA Sacramento Middle Maker Property Number: 54201510004 FAA Oklahoma City Outer Marker Property Number: 54201530007 Site RPSUID 212 Number: 54201530003

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NW 3rd. Street Land Station; 8334 Guide Meridian Rd. Oklahoma City OK 73127 Tennessee Lynden WA 98264 Status: Surplus Status: Excess Parcel 279.01 Property Number: GSA Number: 7–U–OK–0582–AA 54201520014 GSA Number: 9–Z–WA–1276 Reason: Advertised for sale Northwest corner of Administration Rd. & Reason: Advertised for sale. Building Laboratory Rd Land Oak Ridge TN 37830 Oregon Status: Surplus West Virginia FAA Non Directional Becon Property GSA Number: 4–B–TN–0664–AD Former AL1–RCLR Tower Site Property Reason: Conveyance pending Number: 54201540009 Number: 54201530002 (NDB) sites on 0.92 acres Parcel ED–3 E Property Number: 2146 Orleans Rd., 54201520015 and W (168.30 +/- acres) 93924 Pitney Lane., Sec 6, T 16S R4W, W.M. Great Cacapon WV 25422 Junction City OR 97448 South Side of Oak Ridge Turnpike Oak Ridge TN 37763 Status: Surplus Status: Unutilized GSA Number: 4–U–WV–0561AA GSA Number: 9–OR–0806 Status: Surplus GSA Number: 4–B–TN–0664–AG Reason: Expression of Interest. Reason: Expression of interest received Reason: Advertised for sale Building Land Parcels ED–13, 3A, 16 Property Number: Wisconsin Pennsylvania 54201530001 Portions of D–8 & ED–4 Canthook Lake—House/Storage Property FAA 0.65 Acres Vacant Land Property N. Side of Oak Ridge Turnpike (State Rte. 58) Number: 54201530009 Number: 54201520013 Oak Ridge TN 37763 Canthook Lake Westminster Rd. Status: Surplus Iron River WI Wilkes-Barre PA 18702 GSA Number: 4–B–TN–0664–AF Status: Surplus Reason: Expression of interest received. Status: Excess GSA Number: 1–A–WI–0624–AA GSA Number: 4–U–PA–0828AA Building Reason: Advertised for sale. Reason: Advertised for sale Texas South Carolina FM Repeater Station Install.#3 Property 3 Bldgs.; Former Hebbronville Property Number: 54201540002 Formerly the FAA’s D7 Remote Property Number: 54201540001 Sec. 36, T. 25N, R 13W Number: 54201540011 1312 W. Harald Street Bay City WI Communications Link Receiver Fac. Hebbronville TX 78361 Status: Excess Latitude N. 33.418194 & Longitude W. Status: Surplus GSA Number: 1–D–WI–621 80.13738 GSA Number: 7–X–TX–0621–AB Reason: Expression of interest received Eadytown SC Reason: Expression of interest received Status: Surplus Land Navy GSA Number: 4–U–SC–0633–AA Reason: Expression of interest received Brownwood Vacant Land Property Number: Land 54201540008 and Parcel Tennessee Building Morris Sheppard Dr. & Memorial Park Brownwood TX 78601 (+/-) 72 Acre Site Property Number: South Dakota Status: Surplus 77201520025 Lemmon Vehicle Storage Building Property GSA Number: 7–D–TX–1163–AA 5722 Integrity Dr. Number: 54201510009 Reason: Expression of interest received Millington TN 38054 207 10th Street W. Building Status: Underutilized Lemmon SD 57638 Reason: Existing Federal Need Status: Surplus Washington GSA Number: 7–D–SD–0633–AA Old Lynden Border Patrol Property Number: [FR Doc. 2016–02584 Filed 2–11–16; 8:45 am] Reason: Conveyance pending. 54201510003 BILLING CODE 4210–67–P

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Part III

Department of Health and Human Services

Centers for Medicare & Medicaid Services 42 CFR Parts 401 and 405 Medicare Program; Reporting and Returning of Overpayments; Final Rule

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DEPARTMENT OF HEALTH AND for reporting and returning an c. How to Report and Return HUMAN SERVICES overpayment is an obligation (as defined Overpayments in 31 U.S.C. 3729(b)(3)) for purposes of This final rule states that providers Centers for Medicare & Medicaid 31 U.S.C. 3729. and suppliers must use an applicable Services The requirements in this rule are claims adjustment, credit balance, self- meant to ensure compliance with 42 CFR Parts 401 and 405 reported refund, or another appropriate applicable statutes, promote the process to satisfy the obligation to report [CMS–6037–F] furnishing of high quality care, and to and return overpayments. This position protect the Medicare Trust Funds RIN 0938–AQ58 preserves our existing processes and against fraud and improper payments. preserves our ability to modify these Medicare Program; Reporting and This rule provides needed clarity and processes or create new processes in the Returning of Overpayments consistency in the reporting and future. returning of self-identified AGENCY: Centers for Medicare & overpayments. However, even without 3. Summary of Costs and Benefits Medicaid Services (CMS), HHS. this final rule, providers and suppliers This final rule states that a provider ACTION: Final rule. are subject to the statutory requirements or supplier must (1) report and return an found in section 1128J(d) of the Act and overpayment to the Secretary, the state, SUMMARY: This final rule requires could face potential False Claims Act an intermediary, a carrier or a contractor providers and suppliers receiving funds (FCA) liability, Civil Monetary Penalties to the correct address by the later of 60 under the Medicare program to report Law (CMPL) liability, and exclusion days after the overpayment was and return overpayments by the later of from federal health care programs for identified or the date the corresponding the date that is 60 days after the date on failure to report and return an cost report is due, and (2) notify the which the overpayment was identified; overpayment. Additionally, providers Secretary, the state, an intermediary, a or the date any corresponding cost and suppliers continue to be required to carrier, or a contractor in writing of the report is due, if applicable. The 1 comply with our current procedures reason for the overpayment. The costs requirements in this rule are meant to when we, or our contractors, determine associated with these requirements are ensure compliance with applicable an overpayment and issue a demand the time and effort necessary for statutes, promote the furnishing of high letter. providers and suppliers to identify, quality care, and to protect the Medicare report, and return overpayments in the Trust Funds against fraud and improper 2. Summary of the Major Provisions manner described in this rule. We payments. This rule provides needed a. Meaning of Identification project an annual cost burden of clarity and consistency in the reporting between $120.87 million and $201.45 and returning of self-identified Section 1128J(d) of the Act provides million. The former represents our low- overpayments. that an overpayment must be reported and returned by the later of—(i) the date end estimate, while the latter is our DATES: These regulations are effective which is 60 days after the date on which high-end estimate. Our primary, or mid- on March 14, 2016. the overpayment was identified; or (ii) range, projection is an estimate of FOR FURTHER INFORMATION CONTACT: Joe the date any corresponding cost report $161.16 million. Strazzire, (410) 786–2775. is due, if applicable. This final rule The requirements in this final rule are SUPPLEMENTARY INFORMATION: states that a person has identified an meant to ensure compliance with applicable statutes, promote the I. Executive Summary and Background overpayment when the person has or should have, through the exercise of furnishing of high quality care, and to A. Executive Summary reasonable diligence, determined that protect the Medicare Trust Funds against fraud and improper payments. 1. Purpose the person has received an overpayment and quantified the amount of the The potential financial benefits of this On March 23, 2010, the Affordable overpayment. Creating this standard for final rule from the standpoint of its Care Act was enacted. Section 6402(a) of identification provides needed clarity effectiveness in recouping the Affordable Care Act established a and consistency for providers and overpayments are not easily new section 1128J(d) of the Social suppliers on the actions they need to quantifiable, as we do not have Security Act (the Act). Section take to comply with requirements for sufficient data on which to base a 1128J(d)(1) of the Act requires a person reporting and returning of self-identified monetary estimate of recovered funds. who has received an overpayment to overpayments. report and return the overpayment to B. Background the Secretary, the state, an intermediary, b. Lookback Period The Medicare program (title XVIII of a carrier, or a contractor, as appropriate, This final rule states that the Act) is the primary payer of health at the correct address, and to notify the overpayments must be reported and care for approximately 50 million Secretary, state, intermediary, carrier or returned only if a person identifies the enrolled beneficiaries. Providers and contractor to whom the overpayment overpayment within 6 years of the date suppliers furnishing Medicare items and was returned in writing of the reason for the overpayment was received. Creating services must comply with the Medicare the overpayment. Section 1128J(d)(2) of this limitation for how far back a requirements set forth in the Act and in the Act requires that an overpayment be provider or supplier must look when CMS regulations. The requirements are reported and returned by the later of— identifying an overpayment is necessary meant to ensure compliance with (A) the date which is 60 days after the in order to avoid imposing unreasonable applicable statutes, promote the date on which the overpayment was additional burden or cost on providers furnishing of high quality care, and to identified; or (B) the date any and suppliers. protect the Medicare Trust Funds corresponding cost report is due, if against fraud and improper payments. applicable. Section 1128J(d)(3) of the 1 https://www.cms.gov/Outreach-and-Education/ As part of our efforts to reduce fraud, Act specifies that any overpayment Medicare-Learning-Network-MLN/MLNProducts/ waste, and abuse in the Medicare retained by a person after the deadline MLN-Publications-Items/CMS1243389.html. program, we twice proposed, but did

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not finalize, rules that would have proposed rule that would implement the Comment: A number of commenters amended our regulations to codify the provisions of section 1128J(d) of the expressed concern over the limitation of longstanding responsibility of persons Act. the proposed rule to Medicare Parts A to report and return Medicare and B. Commenters stated that CMS did II. Provisions of the Proposed overpayments. (See the March 25, 1998 not articulate any statutory authority or Regulations and Analysis of and (63 FR 14506) and January 25, 2002 (67 rationale for creating this distinction FR 3662) proposed rules.) Responses to Public Comments and narrowing the scope of the On March 23, 2010, the Affordable To implement section 1128J(d) of the proposed rule to Medicare Part A and Care Act was enacted. Section 6402(a) of Act, we proposed to establish a new Part B providers and suppliers. the Affordable Care Act established a subpart D in part 401 of our regulations, According to commenters, the Medicare new section 1128J(d) of the Act. Section to revise § 401.607, and to add sections payment rules do not create any 1128J(d)(1) of the Act requires a person to part 405 of our regulations. In analytically distinct issues for Medicare who has received an overpayment to response to the February 16, 2012 Part A and Part B providers and report and return the overpayment to proposed rule, we received suppliers over other categories of the Secretary, the state, an intermediary, approximately 200 timely pieces of ‘‘persons’’ as defined under the a carrier, or a contractor, as appropriate, correspondence. In this section of this proposed rule, thus commenters at the correct address, and to notify the final rule, we summarize our proposals, believed that the rule should similarly Secretary, state, intermediary, carrier or respond to the public comments apply equally to all categories of contractor to whom the overpayment received, and detail the changes made to persons as they relate to Medicare. was returned in writing of the reason for our proposals. Commenters noted that many providers the overpayment. Section 1128J(d)(2) of Many commenters stated their or suppliers who submit claims to the Act requires that an overpayment be support for many provisions and goals Medicare Part A or B also submit claims reported and returned by the later of— of the proposed rule. Commenters to managed care plans under Part C, (A) the date which is 60 days after the generally agreed that providers and plan sponsors under Part D, and date on which the overpayment was suppliers should promptly refund Medicaid. Commenters requested that identified; or (B) the date any overpayments and maintain efforts to CMS include all of Medicare and corresponding cost report is due, if prevent and detect improper payments. Medicaid in the final rule or quickly applicable. Section 1128J(d)(3) of the While these commenters also suggested issue other proposed rules so all Act specifies that any overpayment providers and suppliers have guidance changes to certain provisions of the retained by a person after the deadline on their obligations and are treated proposed rule, commenters stated that for reporting and returning an equally. many of the proposed rule’s overpayment is an obligation (as defined Response: Given the differences that in 31 U.S.C. 3729(b)(3)) for purposes of requirements were reasonable. Some exist between Medicare Parts A and B 31 U.S.C. 3729. commenters stated they were pleased and Medicare Parts C and D and Section 1128J(d)(4)(A) of the Act that CMS issued the proposed rule and Medicaid, we believe that separate defines ‘‘knowing’’ and ‘‘knowingly’’ as believed it would motivate providers rulemaking processes are appropriate to those terms are defined in 31 U.S.C. and suppliers to educate billing staff address those differences. Those 3729(b). In that statute the terms and practitioners on Medicare billing differences include, but are not limited ‘‘knowing’’ and ‘‘knowingly’’ mean that rules. These commenters stated they to, how the programs are administered a person with respect to information— were hopeful that the rule would reduce and the involvement of Medicare (i) has actual knowledge of the improper payments and would help contractors in Part A and B, private information; (ii) acts in deliberate ensure the viability of the Medicare health insurance plans in Part C, PDP ignorance of the truth or falsity of the Trust Funds. Overall, we appreciate the sponsors in Part D, and state Medicaid information; or (iii) acts in reckless comments expressing support for as agencies and contractors in Medicaid. disregard of the truth or falsity of the well as the comments suggesting The Secretary has the programmatic information. 31 U.S.C. 3729(b) also changes to the proposed rule. rulemaking authority to issue states that knowing and knowingly do A. Scope of Subpart (Proposed regulations on section 1128J(d) of the not require proof of specific intent to § 401.301) Act. We note that section 1128J(d) of the defraud. Section 1128J(d)(4)(B) of the Act does not require the Secretary to Act defines the term ‘‘overpayment’’ as In proposed § 401.301, we stated that issue regulations for the statute to be any funds that a person receives or subpart D sets forth the policies and effective, and the statute’s requirements retains under title XVIII or XIX to which procedures for reporting and returning are in effect in the absence of regulation. the person, after applicable overpayments to the Medicare program Providers and suppliers that identify reconciliation, is not entitled under for providers and suppliers of services overpayments received from Medicare such title. Lastly, section 1128J(d)(4)(C) under Parts A and B of title XVIII. We or Medicaid should report and return of the Act defines the term ‘‘person’’ as proposed to implement the those overpayments to the appropriate a provider of services, supplier, requirements set forth in section payor as required by section 1128J(d) of Medicaid managed care organization 1128J(d) of the Act only as they relate the Act. We appreciate commenters’ (MCO) (as defined in section to Medicare Part A and Part B providers concerns, but will finalize this rule as 1903(m)(1)(A) of the Act), Medicare and suppliers. Other stakeholders, proposed to apply to Medicare Parts A Advantage (MA) organization (as including, without limitation, MA and B only. Additionally, our rules for defined in section 1859(a)(1) of the Act) organizations, PDPs, and Medicaid reporting and returning of overpayments or prescription drug plan (PDP) sponsor MCOs would be addressed in future in Medicare Parts C and D were recently (as defined in section 1860D–41(a)(13) rulemaking. Since then, in the May 23, published in separate rulemaking (see of the Act). Section 1128J(d)(4)(C) of the 2014 Federal Register (79 FR 29844), we the May 23, 2014 final rule (79 FR Act excludes beneficiaries from the published a final rule that addresses 29843)). definition of person. Medicare Parts C and D. No final rule We remind all stakeholders that even In the February 16, 2012 Federal has been published that addresses without a final regulation they are Register (77 FR 9179), we published a Medicaid requirements subject to the statutory requirements

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found in section 1128J(d) of the Act and practice and provides that an commenters believed that expanding the could face potential FCA liability, overpayment does not exist until after meaning of ‘‘applicable reconciliation’’ CMPL liability, and exclusion from an applicable reconciliation takes place. in the ‘‘overpayment’’ definition would federal health care programs for failure When a provider files a cost report, the ease the burden of compliance on to report and return an overpayment. provider is reporting the provider’s providers and suppliers. Additionally, providers and suppliers reconciliation described previously and Response: We understand the continue to be required to comply with attesting to the accuracy of the commenters concerns related to the our current procedures when we, or our information contained on the cost definition of overpayment. As explained contractors, determine an overpayment report. Providers must maintain the in the proposed rule, our proposed and issue a demand letter. appropriate documentation supporting definition of overpayment mirrors the costs that are claimed on the cost section 1128J(d)(4)(B) of the Act. We B. Definitions (Proposed § 401.303) report. We stated that we rely upon the understand the commenters’ concerns We proposed three definitions in information that providers submit about the breadth of this definition and § 401.303. We proposed to define through the cost report. Whether it is an believe we have appropriately ‘‘Medicare contractor’’ as a fiscal initial submission of a cost report or an addressed them by expanding the ways intermediary, carrier, durable medical amended one, we believed that in which overpayments may be reported equipment Medicare administrative providers must accurately report any and returned to include the claims contractor (DME MAC), or Part A/Part B cost report-related overpayments at the adjustment or reversal and credit Medicare administrative contractor. We time they submit any cost reports to balance reporting process, as discussed stated that our proposed definition CMS. in more detail in section II.C.4. of this captures the different contractors that Finally, we proposed to define the final rule. This change should reduce would be involved in receiving reports term ‘‘Person’’ as a provider (as defined the administrative burden issue that of overpayments as well as handling the in § 400.202) or a supplier (as defined in various commenters raised. We decline return of overpayments, consistent with § 400.202). We noted that this proposed to expand ‘‘applicable reconciliation’’ the statutory requirement. Since the definition does not include a beneficiary beyond cost reporting for reasons publication of the proposed rule, we and that our proposal was consistent discussed in greater detail later in this have ceased using fiscal intermediary with the definition of a ‘‘person’’ in section. and carrier contracts, and accordingly section 1128J(d)(4)(C) of the Act. With respect to the statements we have removed these terms from the We received a number of comments regarding fraud, waste, and abuse, we definition of ‘‘Medicare contractor’’ in regarding the definitions in proposed recognize that many commenters posed the final rule. § 401.303. questions and concerns about this rule’s ‘‘Overpayment’’ was proposed to be Comment: A number of commenters relationship to the prevention of fraud, defined as any funds that a person has expressed support for the proposed waste, and abuse, and the FCA. While received or retained under title XVIII of definition of ‘‘overpayment.’’ However, these issues will be addressed in more the Act to which the person, after commenters recommended that CMS detail in section II.C.1. of this final rule, applicable reconciliation, is not entitled exclude routine, day-to-day business we recognize that not all Medicare under such title. This is the same practices from the definition. Examples overpayments involve fraudulent definition that appears in the statute. In of practices commenters cited included: activity (though some do). Again, section II.B. of the February 2012 (1) Items representing refunds from the overpayments are any funds that a proposed rule (77 FR 9181), we also return of a product where a credit will person has received or retained under included certain examples of be issued; (2) routine changes to dates title XVIII of the Act to which the overpayments under this proposed of service for rental periods as patients person, after applicable reconciliation, definition as including all of the start and stop therapy, causing a change is not entitled under such title. These following: in rental periods and account funds might be received or retained due • Medicare payments for noncovered adjustments; and (3) errors in payment to fraud or due to more inadvertent services. by a Medicare contractor that lead to an reasons. • Medicare payments in excess of the excess payment. Commenters stated that Our general aim of this final rule is to allowable amount for an identified these and other types of overpayments strengthen program integrity and to covered service. are currently reported and returned ensure that the Medicare Trust Funds • Errors and nonreimbursable through the claims adjustment or are protected and made whole and that expenditures in cost reports. reversal process and the credit balance taxpayer dollars are not wasted. An • Duplicate payments. reporting process. Commenters stated overpayment must be reported and • Receipt of Medicare payment when that these existing processes worked returned regardless of the reason it another payor had the primary well and should be recognized in the happened—be it a human or system responsibility for payment. rule. Many commenters stated that CMS error, fraudulent behavior, or otherwise. We also stated in the proposed rule should consider these processes as part However, as discussed in section II.C.4., that, in certain circumstances, Medicare of the definition of ‘‘applicable the nature of the overpayment will makes estimated payments for services reconciliation’’ in proposed affect a provider’s or supplier’s decision with the knowledge that a reconciliation § 401.305(c), which would mean any about the most appropriate mechanism of those payments to actual costs will be amounts refunded through the claims and recipient of the overpayment report done when the actual costs or related adjustment or reversal and credit and refund. information becomes available, usually balance reporting would not fall within Comment: A number of commenters at a later date. Interim payments made the definition of ‘‘overpayment.’’ requested that overpayments not caused to a provider throughout the cost year Commenters stated that amounts by the provider or supplier or that were are reconciled with covered and refunded through claims adjustment/ otherwise outside of the provider or reimbursable costs at the time the cost reversal or credit balance reporting do supplier’s control should be excluded report is due. The statutory and not represent fraud, waste, or abuse, from our proposed definition of proposed regulatory definition of the which, commenters state, CMS is overpayment. Examples of this situation term overpayment acknowledges this seeking to curtail in this rule. Also, offered by commenters included—(1) a

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CMS system error classifying a Medicare Comment: Regarding our inconsistent with Medicare’s practice to beneficiary as fee-for-service when the overpayment example ‘‘errors and non- make estimated payments for services beneficiary was enrolled in a MA Plan; reimbursable expenditures in cost with the knowledge that a reconciliation or (2) if the Medicare contractor makes reports,’’ a commenter requested that we of those payments to actual costs will be a duplicate payment, pays for a non- rephrase our example to read: completed at a later date when the covered service due to a contractor ‘‘Increases in reimbursement resulting actual costs or other relevant system edit problem, or fails to from errors and non-reimbursable information become available. implement a national or local coverage expenditures in cost reports.’’ The According to the commenter, the word decision correctly, resulting in an commenter indicated that the ‘‘increase ‘‘overpayment’’ implies some payment erroneous payment. in reimbursement’’ language is more was appropriate but the actual amount Response: We disagree with the accurate. of payment was over the appropriate commenters that certain types of Response: We agree that ‘‘increases in amount. Thus, the commenter stated payments, including those made as a reimbursement resulting from errors and that the examples are inconsistent with result of an error by any particular non-reimbursable expenditures in cost the purpose of the statutory and party, should be excluded from the reports’’ is a more accurate example for regulatory definition, with industry definition of an overpayment. We do not purposes of this rule. Providers and practice, and with the general industry see any basis to exclude an overpayment suppliers need to supply accurate understanding of what an overpayment from the requirements of section information on their cost report. is in light of the cost report 1128J(d) of the Act because it may not However, this rule concerns reporting reconciliation process. have been caused by or was otherwise and returning overpayments received by Response: We disagree with both of outside the control of the provider or the provider or supplier. Therefore, if the commenter’s suggestions. As stated supplier. The plain language of section the error or non-reimbursable cost at earlier, the examples were illustrative 1128J(d)(1) of the Act states that issue did not result in an increase in and not intended as an inclusive list of providers and suppliers are obligated to reimbursement, then no overpayment all examples of overpayments. We are report and return any overpayment that was received and section 1128J(d) of the unable to make blanket statements or they have received within the specified Act is not implicated. address every factual permutation in Comment: Some commenters statutory timeframes. We do not believe this rulemaking, and thus it is not requested that we specifically define it is necessary for providers or suppliers feasible for us to enumerate all specific what it means to ‘‘over-code’’ and how to make determinations regarding examples of overpayments. Providers a determination would be made as to whether they were the cause of an and suppliers should analyze the facts whether the miscoding was deliberate. overpayment in lieu of reporting and and circumstances relevant to their For example, a commenter referenced a situation to determine whether an returning any identified overpayments physician billing for an evaluation and overpayment exists. as required by this rule. management (E&M) code as a level III In instances where interim payments Comment: A commenter requested (CPT code 99213), but an auditor are made based on estimated costs, an that the overpayment example we used determines that the documentation for overpayment is not deemed to exist for in the preamble regarding a patient the visit only supports a level II service purposes of this rule until an applicable death occurring before the service date (CPT code 99212). The commenter reconciliation has occurred in on a submitted claim not be considered states that it is unclear from the accordance with § 401.305(c). We also an overpayment. The commenter stated proposed rule whether, in this instance, disagree with the commenter’s that there could be a gap between the the physician would be in violation of statement that Medicare’s practice is to time of the patient’s exam and the the reporting rules and liable for make estimated payments for services interpretation of images, during which penalties. with the knowledge that a reconciliation period the patient could expire. While Response: Over-coding, or the more of those payments to actual costs will be the commenter conceded that our commonly used term upcoding, is completed at a later date. While some example of an overpayment situation illustrated by the example given by the payments are cost-based estimated relating to the relationship between the commenter. However, the commenter payments as acknowledged in the date of a beneficiary’s death and the appears to believe that the physician proposed rule, many payments are not, date of service would generally be true only has an obligation to report and such as claims-based payments under (for example, in the case of a claim for return the overpayment if the upcoding fee-for-service or prospective payment an operation or an office visit with a was done deliberately. To clarify, systems. For example, the first preamble date of service subsequent to a providers and suppliers must report and example is a Medicare payment for non- beneficiary’s date of death), the return overpayments identified as a covered services which, in most cases, commenter believed there are certain result of upcoding, whether the would be a claims-based payment that circumstances where this relationship inappropriate coding was intentional or is not an estimated payment subject to would not, by itself, be dispositive. unintentional. We discuss the steps that cost report reconciliation. In addition, Response: As we stated in the must be taken when a provider or we disagree that the term preamble to the proposed rule, the supplier has identified an overpayment ‘‘overpayment’’ implies that some examples were not intended to be an in section II.C. of this final rule. payment was appropriate. Section exhaustive list of overpayment Comment: A commenter requested 1128J(d) of the Act defines overpayment situations. Nor were they intended to CMS retract all of the overpayment to include any funds that a person address all potential factual examples in the proposed rule and receives or retains to which the person permutations and coverage rules that republish a proposed rule including all is not entitled after applicable determine whether a particular claim is specific examples of what CMS reconciliation. In the case of a non- associated with an overpayment. considers overpayments. In the covered service, as well as others, the Providers and suppliers should analyze alternative, the commenter objected to amount to which the person is entitled the facts and circumstances relevant to all of the examples except duplicate is zero. a particular situation to determine payments because, according to the Comment: Several commenters whether an overpayment exists. commenter, these examples are requested clarification that an

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overpayment consists only of the of medical necessity’’ are extremely issues are outside the scope of this amount of payment a provider or difficult to define objectively. rulemaking. Under existing policies, supplier receives in excess of funds it Response: The definition of providers and suppliers can seek to should have received for the services overpayment is fixed in statute. address underpayments by requesting rendered. For instance, if a supplier was Sufficient documentation and medical reopenings under § 405.980(c). paid $40 for a claim when it should necessity are longstanding and Comment: Several commenters have received $30, the commenters fundamental prerequisites to Medicare recommended that we ensure that questioned whether the overpayment coverage and payment. refunded overpayments will be recorded amount is $10 and not the entire $40 Comment: A commenter requested and removed from the total amount paid amount paid. clarification of the meaning of by Medicare Part B for purposes of the Response: In circumstances where a ‘‘entitled.’’ The commenter stated that, sustainable growth rate formula (SGR). paid amount exceeds the appropriate once the statute of limitations has run Response: The Medicare Access and payment amount to which a provider or on the government’s ability to sue for CHIP Reauthorization Act repealed the supplier is entitled, the overpayment is breach of contract or recoupment, the SGR. Overpayment refunds were the difference between the amount that provider has a vested right to the recorded and removed from the total was paid and the amount that should payment and is ‘‘entitled’’ to the funds. Medicare Part B expenditures for have been paid. In addition, there are The commenter recommended that the purposes of calculating the SGR, during instances where payment is made for an final rule recognize that statutes of the period for which the SGR was in item or service specifically not payable limitation, setoff, and other defenses effect under section 1848 of the Act. may be considered in determining under the Act (for example, claims Comment: Several commenters resulting from Anti-Kickback Statute or whether an overpayment exists. Response: We believe that the questioned whether providers and physician self-referral law violations or statutory language clearly states that suppliers need to report and return claims for items and services furnished ‘‘entitled’’ means entitled under title Medicare secondary payer refunds by an excluded person), or where the XVIII or XIX of the Act. This final rule under this final rule. payment was secured through fraud. In addresses payments under title XVIII Response: Yes, overpayments where these types of situations, the and thus, Medicare entitlement depends the provider or supplier received overpayment typically consists of the upon whether the funds were received primary payment from both a primary entire amount paid. in conformance to the payment rules set payer other than Medicare and a Comment: Several commenters forth in the Act and its implementing primary payment from Medicare requested that CMS clarify in the final regulations. We do not opine on any (‘‘provider/supplier duplicate primary rule that potential overpayments only theories for the government’s pursuit of payments’’) must be refunded. exist if a provider or supplier retains recovering overpayments, whether those Overpayments where the provider/ funds to which it was not entitled to at theories are at law or equitable in supplier failed to file a proper claim in the time that it received the funds. nature. The purpose of this rule is to accordance with 42 CFR 411.24(l) must Commenters stated that subsequent detail the providers and suppliers’ also be refunded. changes in law, regulation, or guidance obligations under section 1128J(d) of the Comment: A commenter appreciated (such as coding rules, carrier edits, and Act to report and return overpayments the clarification in the proposed rule national and local coverage decisions) they have received. that the statutory definition of person, should not render payments that were Comment: A number of commenters for purposes of reporting and returning proper at the time they were made questioned the treatment of overpayments, does not include overpayments at a later date. underpayments that providers and beneficiaries and encouraged CMS to Response: We agree that payments suppliers may identify in the course of finalize the proposed definition. that were proper at the time the identifying overpayments. Some Another commenter disagreed with the payment was made do not become commenters requested an explanation of proposed rule’s exclusion of overpayments at a later time due to the process by which providers and beneficiaries from the ‘‘person’’ changes in law or regulation, unless suppliers may recoup underpayments. definition and requested an explanation otherwise required by law. Changes in Other comments proposed that for the exclusion. guidance or coverage policy also usually providers and suppliers should be Response: We appreciate the will not alter whether a prior payment allowed to offset identified comment in support of the proposed should be considered an overpayment, underpayments against identified definition and note that the proposed although there can be circumstances in overpayments when determining the definition of ‘‘person’’ is in accordance which guidance is issued to clarify repayment amount. Finally, several with section 1128J(d)(4)(C)(ii) of the Act existing law, regulation, or coverage commenters suggested that the lookback which excludes beneficiaries from the rules that would make clear that a past period for overpaid claims should be the definition of the term ‘‘person.’’ payment is an overpayment. Typically, same as the lookback period for C. Requirements for Reporting and overpayments would be determined in underpaid claims. Commenters Returning of Overpayments (Proposed accordance with the effective date of suggested that we consider allowing § 401.305) any changes in law, regulation, or providers and suppliers more than the policy. Providers and suppliers should currently allowed one year period to Section 1128J(d) of the Act provides analyze the facts and circumstances rebill a claim to correct an identified that an overpayment must be reported present in their situation to determine underpayment. Underpayment lookback and returned by the later of —(i) the whether an overpayment exists. periods of 3 years and 10 years (to date which is 60 days after the date on Comment: Some commenters stated match the proposed lookback period) which the overpayment was identified; that the concept of ‘‘overpayment’’ is were recommended by commenters. or (ii) the date any corresponding cost not fair in some situations. The Response: This final rule implements report is due, if applicable. Proposed commenters stated that certain reasons section 1128J(d) of the Act, which § 401.305(b) contained this requirement. for an overpayment, such as concerns overpayments, not If an overpayment is claims related, the ‘‘insufficient documentation’’ or ‘‘lack underpayments. Thus, underpayment provider or supplier would be required

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to report and return the overpayment 60-day reporting and repayment period, reckless disregard or deliberate within 60 days of identification. then the provider would have satisfied ignorance of any overpayment.) its obligation under the proposed rule. Finally, we also discussed in the 1. Meaning of Identified (Proposed However, if the provider fails to make proposed rule (77 FR 9183) issues § 401.305(a)) any reasonable inquiry into the associated with overpayments that arise In proposed § 401.305(a)(2), we stated complaint, the provider may be found to due to a violation of the Anti-Kickback that a person has identified an have acted in reckless disregard or statute (section 1128B(b)(1) and (2) of overpayment if the person has actual deliberate ignorance of any the Act). Compliance with the Anti- knowledge of the existence of the overpayment. Kickback statute is a condition of overpayment or acts in reckless In order to assist providers and payment. Claims that include items and disregard or deliberate ignorance of the suppliers with understanding when an services resulting from a violation of overpayment. We stated in the preamble overpayment has been identified, we this law are not payable and constitute that we proposed this definition in part provided the following examples, which false or fraudulent claims for purposes because section 1128J(d) of the Act were intended to be illustrative and not of the FCA. In the proposed rule, we provides that the terms ‘‘knowing’’ and an exhaustive list of circumstances: recognized that, in many instances, a ‘‘knowingly’’ have the meaning given • A provider of services or supplier provider or supplier is not a party to, those terms in the FCA (31 U.S.C. reviews billing or payment records and and is unaware of the existence of, an 3729(b)(1)). While the statutory text learns that it incorrectly coded certain arrangement between third parties that does not use these terms other than in services, resulting in increased causes the provider or supplier to the definitions, we believed the reimbursement. submit claims that are the subject of a Congress’ use of the term ‘‘knowing’’ in • A provider of services or supplier kickback. For example, a hospital may the Affordable Care Act was intended to learns that a patient death occurred be unaware that a device manufacturer apply to determining when a provider prior to the service date on a claim that has paid a kickback to a physician on or supplier has identified an has been submitted for payment. the hospital’s medical staff to induce the overpayment. We also stated that • A provider of services or supplier physician to implant the manufacturer’s defining ‘‘identification’’ in this way learns that services were provided by an device in procedures performed at the gives providers and suppliers an unlicensed or excluded individual on hospital. Moreover, even if a provider or incentive to exercise reasonable its behalf. supplier becomes aware of a potential • diligence to determine whether an A provider of services or supplier third party payment arrangement, it overpayment exists. Without such a performs an internal audit and discovers would generally not be able to evaluate definition, some providers and that overpayments exist. • whether the payment was an illegal suppliers might avoid performing A provider of services or supplier is kickback or whether one or both parties activities to determine whether an informed by a government agency of an had the requisite intent to violate the overpayment exists, such as self-audits, audit that discovered a potential Anti-Kickback statute. compliance checks, and other research. overpayment, and the provider or For this reason, we stated that we We also noted in the February 2012 supplier fails to make a reasonable believe that providers and suppliers proposed rule (77 FR 9182) that, in inquiry. (When a government agency who are not a party to a kickback some cases, a provider or supplier may informs a provider or supplier of a arrangement are unlikely in most receive information concerning a potential overpayment, the provider or instances to have ‘‘identified’’ the potential overpayment that creates a supplier has a duty to accept the finding overpayment that has resulted from the duty to make a reasonable inquiry to or make a reasonable inquiry. If the kickback arrangement; therefore would determine whether an overpayment provider’s or supplier’s inquiry verifies have no duty to report or repay it. To exists. If the reasonable inquiry reveals the audit results, then it has identified the extent that a provider or supplier an overpayment, the provider or an overpayment and, assuming there is who is not a party to a kickback supplier then has 60 days to report and no applicable cost report, has 60 days to arrangement has sufficient knowledge of return the overpayment. On the other report and return the overpayment. As the arrangement to have identified the hand, failure to make a reasonable noted previously, failure to make a resulting overpayment, we proposed inquiry, including failure to conduct reasonable inquiry, including failure to that the provider or supplier report the such inquiry with all deliberate speed conduct such inquiry with all deliberate overpayment to CMS in accordance after obtaining the information, could speed after obtaining the information, with section 1128J(d) of the Act and result in the provider or supplier could result in the provider or supplier corresponding regulations. Although the knowingly retaining an overpayment knowingly retaining an overpayment government may always seek repayment because it acted in reckless disregard or because it acted in reckless disregard or of claims paid that do not satisfy a deliberate ignorance of whether it deliberate ignorance of whether it condition of payment, where a kickback received such an overpayment. For received such an overpayment). arrangement exists, HHS’s enforcement example, a provider that receives an • A provider of services or supplier efforts would most likely focus on anonymous compliance hotline experiences a significant increase in holding accountable the perpetrators of telephone complaint about a potential Medicare revenue and there is no that arrangement. Accordingly, we overpayment may have incurred a duty apparent reason—such as a new partner would refer the reported overpayment to to timely investigate that matter, added to a group practice or a new focus OIG for appropriate action and would depending on whether the hotline on a particular area of medicine—for the suspend the repayment obligation until complaint qualifies as credible increase. However, the provider or the government has resolved the information of a potential overpayment. supplier fails to make a reasonable kickback matter (either by determining Whether the complaint qualifies as inquiry into whether an overpayment that no enforcement action is warranted credible information is a factual exists. (When there is reason to suspect or by obtaining a judgment, verdict, determination. If the provider incurs a an overpayment, but a provider or conviction, guilty plea, or settlement). duty and diligently conducts the supplier fails to make a reasonable Thus, if the provider has not identified investigation, and reports and returns inquiry into whether an overpayment the kickback or if it reported it when it any resulting overpayments within the exists, it may be found to have acted in did identify the kickback, our

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expectation is that only the parties to Secretary’s rulemaking authority to House version of the Affordable Care the kickback scheme would be required interpret the statute in an appropriate Act, H.R. 3962, which used the term to repay the overpayment that was manner to create safeguards that protect ‘‘knows.’’ According to commenters, the received by the innocent provider or the integrity of its plain mandate—to replacement of the word ‘‘knows’’ with supplier, except in the most report and return overpayments the ‘‘identified’’ in the final version of the extraordinary circumstances. person has received. Affordable Care Act is indicative of Comment: Several commenters noted Comment: Several commenters agreed Congressional intent not to equate the that section 1128J(d) of the Act has two with the proposed rule’s definition of FCA knowledge standard to separate provisions addressing identification. Commenters stated that ‘‘identified.’’ The commenters argue that overpayments and questioned whether the proposed rule provides appropriate had the Congress intended to apply the the proposed rule conflated those incentives for providers and suppliers to statute this expansively, it would have provisions. Section 1128J(d)(1) of the pay attention to red flags indicating a drafted the provision to extend liability Act creates the threshold obligation that potential overpayment may have been to those who fail to report and return an if a person has received an received. These commenters believe overpayment within 60 days of the date overpayment, the person shall report providers and suppliers should be on which the overpayment was and return the overpayment. Once that encouraged to proceed with diligence to identified or should have been threshold obligation is triggered— investigate information suggesting an identified. receipt of the overpayment—then overpayment, to report, and take Response: We disagree with the section 1128J(d)(2) of the Act addresses corrective actions, and adopt ‘‘best commenters’ arguments. While we the timing of fulfilling the obligation to practices’’ to prevent overpayments. A acknowledge that the terms ‘‘knowing’’ report and return, either the later of the commenter stated that adoption of this and ‘‘knowingly’’ are defined but not date which is 60 days after the date on actual and constructive knowledge otherwise used in section 1128J(d) of which the overpayment was identified standard will promote consistency and the Act, we believe that the Congress or the date any corresponding cost will allow government and providers intended for section 1128J(d) of the Act report is due, if applicable. Commenters and suppliers to base their conduct and to apply broadly. If the requirement to noted that the proposed rule may positions on case law interpreting those report and return overpayments only conflate these two, separate obligations terms. Another commenter applied to situations where providers or in proposed 42 CFR 401.305(a)(1), acknowledged the need for the reckless suppliers had actual knowledge of the which stated that if a person has disregard/deliberate ignorance standard existence of an overpayment, then these identified that it has received an to deter evasive conduct and fraudulent entities could easily avoid returning overpayment, the person must report concealment. However, the commenter improperly received payments and the and return the overpayment in the form requested that CMS further clarify this purpose of the section would be and manner set forth in 42 CFR 401.305. standard. defeated. Commenters stated that this proposed Response: We appreciate the Comment: Several commenters rule language tied the threshold comments and agree with the suggested applying the ‘‘knowing’’ obligation to identifying the commenters’ interpretation of the concept to ‘‘retained’’ instead of our overpayment and not to receiving the proposed rule. We continue to believe proposed approach. Commenters overpayment. that the proposed standard is an believed that applying the constructive Response: We agree with the appropriate interpretation of section knowledge standard to trigger the commenters and have amended 1128J(d) of the Act within the enforcement provisions would be more § 401.305(a)(1) to separate these two Secretary’s rulemaking authority. As appropriate than our proposal. concepts. Section 1128J(d)(1) of the Act explained in this final rule, we have Response: We considered applying a plainly mandates that any overpayment adjusted the standard for identification constructive knowledge standard to the received by a person shall be reported after careful consideration of the term ‘‘retained’’ and determined that and returned. We interpret this language numerous comments submitted. We our approach was both a better reading as showing the Congress intended to believe that the final rule strikes the of the law and a better approach to more clearly codify providers and right balance between creating a flexible protecting the program. As discussed suppliers’ existing duty to return yet strong standard that applies to many previously, we believe there is a strong overpayments they have received, different circumstances. statutory basis for our rule. Also, which would necessarily include taking Comment: Many commenters objected modifying ‘‘retained’’ does not eliminate appropriate actions to determine to the proposed inclusion of reckless the programmatic concern of the whether the provider or supplier has in disregard and deliberate ignorance in ‘‘ostrich defense’’—that the plain fact received an overpayment. The the standard for identification. These mandate to report and return ‘‘receipt’’ threshold obligation is commenters claimed that there is no overpayments received would be consistent with both the initial standard statutory basis to apply a standard avoided by not taking action to obtain for identification in the proposed rule beyond actual knowledge to the term actual knowledge of an overpayment. and the standard for identification in ‘‘identified.’’ Specifically, commenters The enforcement provision at section this final rule. We do not believe the disagreed with our statement in the 1128J(d)(3) of the Act depends on the Congress intended to create a loophole preamble that the Congress’ use of the person retaining the overpayment after to the threshold ‘‘receipt’’ obligation term ‘‘knowing and knowingly’’ in the deadline for reporting and returning. through the timing provision for section 1128J(d)(4)(A) of the Act If the deadline never passes because the fulfilling this obligation. Limiting the indicates the Congress’ intent to apply person avoids obtaining actual standard for identification to actual a constructive knowledge standard to knowledge of the overpayment, then the knowledge would create that loophole ‘‘identified.’’ Commenters noted that enforcement provision is rendered and would conflict with the plain these terms are not used elsewhere in toothless. statutory mandate to report and return section 1128J(d) of the Act except the Comment: Commenters also any overpayments the person has definition section. Commenters expressed concern that ‘‘reckless received. In addition, we believe we attributed section 1128J(d)(4)(A) of the disregard’’ and ‘‘deliberate ignorance’’, have the responsibility under the Act as a drafting error based on the as used in proposed § 401.305(a)(2), are

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ambiguous terms that do not adequately they do not currently engage in under the circumstances and the 60-day inform providers and suppliers of the compliance efforts to ensure that the period does not start until either the circumstances that would give rise to a claims they submitted to Medicare were inquiry reveals an overpayment or the duty to investigate and fail to provide accurate and proper and that payments provider or supplier is reckless or sufficient guidance as to what efforts are received are appropriate. We advise deliberately ignorant because it failed to necessary to avoid overpayment those providers and suppliers to conduct the reasonable inquiry. liability. Some commenters stated that undertake such efforts to ensure they Commenters requested that we clarify the proposed rule actually provides a fulfill their obligations under section whether this interpretation was disincentive to undertake compliance 1128J(d) of the Act. We believe that accurate. audits for fear of creating liability for undertaking no or minimal compliance Response: We agree with the identifying an overpayment. activities to monitor the accuracy and commenters’ interpretation of the Response: We appreciate the appropriateness of a provider or proposed rule and have revised comments and have revised the supplier’s Medicare claims would § 401.305(a) and (b) in this final rule to regulatory provision in the final rule by expose a provider or supplier to liability clarify the duty to investigate through a removing the terms ‘‘actual knowledge’’, under the identified standard reasonable diligence standard. When a ‘‘reckless disregard’’, and ‘‘deliberate articulated in this rule based on the person obtains credible information ignorance’’. The final rule states that a failure to exercise reasonable diligence concerning a potential overpayment, the person has identified an overpayment if the provider or supplier received an person needs to undertake reasonable when the person has, or should have overpayment. We also recognize that diligence to determine whether an through the exercise of reasonable compliance programs are not uniform in overpayment has been received and to diligence, determined that the person size and scope and that compliance quantify the amount. The 60-day time has received an overpayment and activities in a smaller setting, such as a period begins when either the quantified the amount of the solo practitioner’s office, may look very reasonable diligence is completed or on overpayment. A person should have different than those in larger setting, the day the person received credible determined that the person received an such as a multi-specialty group. information of a potential overpayment overpayment if the person fails to Compliance activities may also if the person failed to conduct exercise reasonable diligence and the appropriately vary based on the type of reasonable diligence and the person in person in fact received an overpayment. provider. fact received an overpayment. ‘‘Reasonable diligence’’ includes both We note that in discussing the Comment: Commenters questioned proactive compliance activities standard term ’’reasonable diligence’’ in how quantification of the overpayment conducted in good faith by qualified the preamble, we are interpreting the fit into the proposed rule. Specifically, individuals to monitor for the receipt of obligation to ’’report and return the commenters stated that the proposed overpayments and investigations overpayment’’ that is contained in rule did not expressly address the conducted in good faith and in a timely section 1128J(d) of the Social Security difference between determining that an manner by qualified individuals in Act. We are not seeking to interpret the overpayment has been received and the response to obtaining credible terms ’’knowing’’ and ’’knowingly’’, auditing work necessary to calculate the information of a potential overpayment. which are defined in the Civil False overpayment amount. Commenters The regulation uses a single term— Claims Act and have been interpreted stated that the calculation necessarily reasonable diligence—to cover both by a body of False Claims Act case law. proactive compliance activities to Comment: Several commenters stated must happen before the overpayment monitor claims and reactive that they interpreted the preamble to the can be reported and returned. investigative activities undertaken in proposed rule as permitting providers Response: We agree and have revised response to receiving credible and suppliers time to conduct a the language in § 401.305(a)(2) to clarify information about a potential reasonable inquiry before the 60-day that part of identification is quantifying overpayment. We believe that time period begins to run. These the amount, which requires a reasonably compliance with the statutory obligation commenters noted that the preamble diligent investigation. to report and return received provides that providers and suppliers Comment: Commenters expressed overpayments requires both proactive may receive information concerning a concern over whether the proposed rule and reactive activities. In addition, we potential overpayment that creates a treats failing to conduct a ‘‘reasonable also clarify that the quantification of the duty to conduct a reasonable inquiry to inquiry’’ with ‘‘all deliberate speed’’ as amount of the overpayment may be determine whether an overpayment a violation of section 1128J(d) of the Act determined using statistical sampling, exists. If the reasonable inquiry reveals by itself. In other words, commenters extrapolation methodologies, and other an overpayment, then the provider has questioned whether the mere possibility methodologies as appropriate. 60 days to report and return the of an overpayment, without there As to the circumstances that give rise overpayment. On the other hand, failure actually being an overpayment, can to a duty to exercise reasonable to make a reasonable inquiry, including establish liability at any point. diligence, we are not able to identify all failure to conduct such inquiry with all Response: We understand the factual scenarios in this rulemaking. deliberate speed after obtaining the commenters’ concerns and have Providers and suppliers are responsible information, could result in the provider amended the language accordingly. The for ensuring their Medicare claims are or supplier knowingly retaining an final rule clarifies that failure to conduct accurate and proper and are encouraged overpayment because it acted in reasonable diligence does not by itself to have effective compliance programs reckless disregard or deliberate create liability under section 1128J(d) of as a way to avoid receiving or retaining ignorance of whether it received such an the Act. The statutory obligation is to overpayments. Indeed, many overpayment. Commenters stated that report and return received commenters told us that they have this explanation and the examples in overpayments; thus a provider or active compliance programs and that we the preamble together suggested that supplier must also have received an should recognize these compliance once a provider is placed on notice of overpayment that it should have efforts in the final rule. It was also a potential overpayment, it must identified before liability can exist apparent from some commenters that conduct a reasonably diligent inquiry under section 1128J(d) of the Act.

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Comment: Several commenters people will be involved in determining reasonable amount of time, absent requested clarity on the phrase whether an overpayment exists and in extraordinary circumstances affecting ‘‘reasonable inquiry.’’ Some commenters what amount, such as auditors, billing the provider, supplier, or their suggested defining ‘‘reasonable inquiry’’ personnel, and legal counsel. community. What constitutes as a good faith investigation that is Commenters believed we should issue extraordinary circumstances is a fact- promptly conducted until its conclusion additional guidance in the final rule, specific question. Extraordinary by persons with sufficient knowledge particularly what documentation we circumstances may include unusually and experience to make such expect providers and suppliers to complex investigations that the provider determination. maintain to show compliance with the or supplier reasonably anticipates will Response: We appreciate the rule. Some commenters suggested that require more than six months to commenters’ suggestions and amended we adopt an approach that would allow investigate, such as physician self- the final rule as described in this section for a ‘‘reasonable period of time to referral law violations that are referred by creating a ‘‘reasonable diligence’’ investigate’’ a potential overpayment. to the CMS Voluntary Self-Referral standard in § 401.305(a)(2). We also Other commenters pointed to the Disclosure Protocol (SRDP). Specific appreciate the commenters’ suggested Federal Acquisitions Regulations (FAR) examples of other types of extraordinary definition and incorporated various treatment of the time between first circumstances include natural disasters suggestions into our discussion of what learning of an allegation and the or a state of emergency. constitutes ‘‘reasonable diligence,’’ as requirement to disclose credible As for documentation, it is certainly explained previously in this section. We evidence of an overpayment. The advisable for providers and suppliers to also note that although the preamble to commenters noted that the FAR drafters maintain records that accurately the proposed rule used both ‘‘reasonable considered but rejected adding a set document their reasonable diligence diligence’’ and ‘‘reasonable inquiry,’’ for period of time, such as 30 days, to the efforts to be able to demonstrate their clarity, we used only the term disclosure requirement. (See the compliance with the rule. ‘‘reasonable diligence’’ in this final rule. November 12, 2008 final rule (73 FR Comment: Several commenters Comment: Commenters suggested that 67074).) Under FAR, failure to timely recommended that CMS define we provide more detail on how to judge disclose credible evidence of significant identification as actual knowledge of what is ‘‘reasonable’’ about a reasonable overpayment is measured from the date credible evidence that an overpayment inquiry, such as taking into account the of the determination by the contractor has occurred and of the actual amount unique characteristics of the provider or that the evidence is credible. (See the received in excess of what was due. supplier and the nature of the problem. November 12, 2008 final rule (73 FR Commenters stated that ‘‘credible Accordingly, commenters suggested 67075).) A few commenters requested evidence’’ is a well-understood concept; that is, information that, considering its defining ‘‘reasonable inquiry’’ as additional time to conduct the inquiry ‘‘reasonably diligent under the source and the circumstances, supports in the event of an emergency, such as a circumstances, taking into account the a reasonable belief that there has been natural disaster affecting the provider or size, capacity, workload, technological an overpayment. The credible evidence supplier. sophistication, and resources of the standard differs from a credible subject provider or supplier and the Response: The preamble to this final ‘‘allegation’’ because, according to complexity, uniqueness, and rule does not include the phrase ‘‘all commenters, it requires some level of significance of the suspected deliberate speed’’ as the benchmark of diligence to determine whether the overpayment at issue.’’ In addition, compliance. Instead, we adopt the information is credible. commenters recommended that we standard of reasonable diligence and Response: We appreciate the provide a list of illustrative hallmarks of establish that this is demonstrated comments but decline to adopt this a reasonable inquiry, but also stated that through the timely, good faith definition of ‘‘identification.’’ It limits some of these hallmarks will be fact- investigation of credible information, the obligation to instances in which the dependent. which is at most 6 months from receipt provider or supplier has actual Response: We appreciate the of the credible information, except in knowledge, which, as discussed comments and believe we have extraordinary circumstances. We previously, we do not believe is provided additional explanation of the considered but rejected adopting a consistent with section 1128J(d) of the meaning of ‘‘reasonable diligence’’ in ‘‘reasonable period of time to Act. As discussed previously, we have this final rule. However, we decline to investigate’’ standard because we clarified that providers and suppliers expressly adopt the commenters’ concluded that an open-ended may conduct a timely investigation of proposed definitions and suggestions. timeframe would likely be viewed as no credible information before the 60-day We believe that the concept of more clear than ‘‘all deliberate speed’’ deadline is triggered. We also decline to ‘‘reasonableness’’ is fact-dependent. and establishing a time frame would adopt a ‘‘credible evidence’’ standard Comment: A number of commenters better respond to commenters’ concerns because we are concerned there may be requested clarification on the meaning on this issue. We choose 6 months as further confusion about the term of ‘‘all deliberate speed’’ a phrase used the benchmark for timely investigation ‘‘evidence’’ because of its significance in in the preamble to the proposed rule. because we believe that providers and the litigation context. Instead, as noted Commenters stated that we effectively suppliers should prioritize these previously, we have adopted a ‘‘credible established a time limit for preliminary investigations and also to recognize that information’’ standard. We believe action before the 60-day clock began to completing these investigations may credible information includes toll, yet did not clearly state what this require the devotion of resources and information that supports a reasonable time limit is or what a person must do time. Receiving overpayments from belief that an overpayment may have to meet it. Commenters stated that the Medicare is sufficiently important that been received. This standard should proposed rule was not clear about how providers and suppliers should devote address commenters’ concern of being to determine whether an ongoing appropriate attention to resolving these required to investigate every instance or investigation occurred with ‘‘all matters. A total of 8 months (6 months complaint concerning a potential deliberate speed.’’ Commenters noted for timely investigation and 2 months overpayment. We recognize that that in many circumstances, multiple for reporting and returning) is a providers and suppliers may receive

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information that could be considered are limited to reactive investigations to inquire further to determine whether not credible. Determining whether (and do not include the proactive there are more overpayments on the information is sufficiently credible to compliance activities necessary to same issue before reporting and merit an investigation is a fact-specific monitor for receipt of overpayments) or returning the single overpaid claim. determination. actual knowledge (and do not include Expanding the inquiry may take Comment: Several commenters the constructive knowledge standard additional time and, according to suggested an alternative definition to discussed previously). commenters, it is unclear whether the identification as ‘‘when, after the person Comment: Commenters stated that the 60-day time period has begun to run for receives reliable evidence (as defined at 60-day time period should start to run the single overpaid claim. Similarly, 42 CFR 405.902) that it has received an on the day that an overpayment inquiry several commenters also questioned overpayment and, through the exercise has concluded, confirmed that there has whether compliance with the rule of reasonable diligence has determined been an overpayment, and produced required periodic repayments while the that an overpayment exists, the person sufficient information to calculate the person is conducting the review. For has quantified the amount of the precise overpayment amount. example, commenters noted that a overpayment within a reasonable degree Commenters stated that this standard provider or supplier may conduct a of certainty.’’ Commenters stated that would avoid confusion about when to probe sample of claims and discover a such a standard would provide some report. possible overpayment with respect to degree of comfort that providers and Response: We recognize that some of the claims. Commenters suppliers would not be under a duty to additional clarity was necessary and questioned whether in this situation the investigate every ‘‘whiff’’ of an revised the final rule to clarify that the provider or supplier has identified an overpayment and removes the 60-day time period starts to run when overpayment that would require constructive knowledge standard. the overpayment has been identified reporting and returning the Commenters also stated this definition based on the standard for identified in overpayment for the probe sample would acknowledge that an § 401.305(a)(2). These commenters do claims, even though the probe sample overpayment cannot be reported and not appear to take into account review is typically one step in the usual returned if it is not quantified, as well statistical sampling and extrapolation audit process. According to as the circumstances, such as when calculations, which is something other commenters, validation of the probe statistical sampling and extrapolation commenters suggested that we sample findings would then lead to are used, when it may not be possible recognize. As discussed previously, we expanding the audit beyond the probe to know with 100 percent accuracy the also interpret section 1128J(d) of the Act sample and conducting a root cause exact amount of an overpayment. These to include both an actual knowledge analysis to determine the cause of the commenters stated that it also and a constructive knowledge standard. overpayment and whether more Comment: Commenters questioned acknowledges that in some overpayments exist. Commenters stated how we proposed determining the circumstances providers and suppliers that it is a common practice to include actual date for triggering the 60-day may need more time to commence an the probe sample in the expanded audit inquiry. Other commenters suggested a reporting and returning deadline and for when a person acts in reckless disregard to extrapolate an error rate to the entire similar alternative ‘‘when the person population. Commenters stated that has actual knowledge of an or deliberate ignorance of an overpayment. Commenters suggested permitting this practice would result in overpayment and is able to quantify the a more robust analysis of the overpayment with reasonable certainty, that we provide clear guidance as to overpayment and a more accurate or when a person does not initiate an what actions a provider or supplier repayment to the government. The inquiry within a reasonable amount of must take to avoid a determination that premature return of any overpayment time after receiving credible information it is in reckless disregard or deliberate identified during the probe sample audit suggesting the existence of a potential ignorance of the existence of an could taint the results of the complete overpayment.’’ overpayment. Response: We appreciate the Response: We believe the final rule review, according to commenters. comments and incorporated some of provides additional clarity on how we Response: We understand the these ideas into the final rule. We agree revised the constructive knowledge commenters’ concerns and believe that that statistical sampling and standard for when a person has the final rule’s clarifications should extrapolation are an appropriate identified an overpayment. The 60-day address these concerns. We expect component of a provider’s reasonable time period begins either when the providers and suppliers to exercise diligence in investigating an reasonable diligence is completed and reasonable diligence and to quantify, overpayment and can serve as an the overpayment is identified or on the report, and return the entire appropriate way to calculate an day the person received credible overpayment in good faith. Part of overpayment amount. The final rule information of a potential overpayment conducting reasonable diligence is provides guidance for reporting if the person fails to conduct reasonable conducting an appropriate audit to overpayments identified through such diligence and the person in fact received determine if an overpayment exists and statistical methods. We also use the an overpayment. This standard, as well to quantify it. Providers and suppliers term ‘‘credible information’’ in the as the requirement to conduct a timely, are obligated to conduct audits that preamble as suggested in these good faith investigation in response to accurately quantify the overpayment. comments. We considered but declined obtaining credible information of a After finding a single overpaid claim, to adopt the term ‘‘reliable evidence’’ as potential overpayment, provide ‘‘bright we believe it is appropriate to inquire defined at 42 CFR 405.902 because it is line’’ standards that should assist further to determine whether there are potentially too limited and the term providers and suppliers in structuring more overpayments on the same issue ‘‘evidence’’ is prone to confusion as their compliance programs to comply before reporting and returning the single ‘‘credible evidence’’ discussed with the rule. overpaid claim. To the extent this previously. Finally, we also disagree Comment: Several commenters concern is based on a question about with the commenters’ proposals to the questioned whether, after finding a when the 60-day clock begins to run, the extent they suggest identification efforts single overpaid claim, it is appropriate final rule clarifies that identification

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occurs once the person has or should program that fails to uncover the error. statistical analyses identifying potential have through the exercise of reasonable Commenters believe that the proposed payment discrepancies, and issues diligence, determined that the person definition of ‘‘identified’’ raises the raised by staff. Commenters believed received an overpayment and quantified possibility that CMS, other regulators, or this approach would satisfy our stated the amount of the overpayment. qui tam relators may second-guess the concern, while imposing a more We understand that a common way to provider and question whether the reasonable administrative burden. conduct an audit is to use a probe provider exercised ‘‘reasonable Response: We appreciate the sample and then incorporate that probe diligence’’ and made a ‘‘reasonable commenters’ concerns but decline to sample into a larger full sample as the inquiry’’ ‘‘with all deliberate speed’’ in limit the constructive knowledge basis for determining an extrapolated assessing when an overpayment should standard in the final rule to receipt of overpayment amount. In the probe have been identified. information as discussed previously. We sample, it is not appropriate for a Response: We understand note that certain types of information provider or supplier to only return a commenters’ concerns and believe the noted by commenters, such as internal subset of claims identified as changes made to the proposed rule in statistical analyses, require some overpayments and not extrapolate the this final rule should provide additional proactive action on the part of the full amount of the overpayment. We clarity for providers and suppliers on provider or supplier to obtain that believe that in most cases, the the actions they need to take to comply information. We are concerned that extrapolation can be done in a timely with the rule. With regard to the limiting the standard for identified to manner consistent with the commenters concern that as a result of instances in which the provider or identification requirements of this rule this final rule CMS, other regulators, or supplier is simply receiving information and that the provider or supplier should qui tam relators may second-guess the may create a disincentive for providers not report and return overpayments on provider and question whether the and suppliers to undertake those specific claims from the probe sample provider exercised ‘‘reasonable important proactive compliance until the full overpayment is identified. diligence’’ and made a ‘‘reasonable activities to ensure they have properly Comment: Some commenters inquiry’’ ‘‘with all deliberate speed,’’ we received Medicare payments. We requested clarification that a provider or note that it has long been true that many understand that many providers and supplier with an active and robust activities in the provision of health care, suppliers have active compliance compliance program that contains the including billing the Medicare program, programs that do both proactive and elements suggested by OIG’s compliance are subject to review by various reactive reviews of Medicare billing. program guidance and the Federal stakeholders. This rule does not change Our intention is to capture both of those Sentencing Guidelines cannot be found that situation or significantly expand activities in this final rule. to have acted with ‘‘reckless disregard the areas that have long been subject to Comment: Several commenters or deliberate ignorance’’ with respect to such review. requested that CMS clarify that there is overpayments. Some commenters Comment: Several commenters no duty to proactively search for suggested that a provider that has a expressed concerns with our statement overpayments without a reason to ‘‘certified’’ or ‘‘approved’’ compliance in the preamble that we defined believe that a specific overpayment program should be entitled to a ‘‘identification’’ as an incentive to exists. These commenters stated that the presumption that any overpayments are exercise reasonable diligence to preamble language suggests that simple mistakes rather than fraud or determine whether an overpayment providers and suppliers have a abuse. exists and that without such a perpetual duty to research whether any Response: We disagree with the definition, some providers and overpayment may exist, which would be commenters. Based on our experience, it suppliers might avoid performing overly burdensome and not consistent is possible for providers or suppliers activities to determine whether an with the requirements of section who have active compliance programs overpayment exists, such as self-audits, 1128J(d) of the Act. A commenter stated to commit fraud. Moreover, even if an compliance checks, and other additional that the compliance program regulations overpayment is the result of a mistake, research. Commenters believed this implementing section 6401 of the rather than fraud or abuse, the provider statement appeared to disregard the Affordable Care Act may be a more or supplier has an obligation to report compliance activities of many in the appropriate mechanism for CMS to and return it under section 1128J(d) of health care industry and indicated that propose these requirements. the Act. CMS did not believe providers and Response: These comments Comment: Commenters expressed suppliers would engage in compliance underscore our concern expressed in the concerns that the proposed rule’s activities without increased liability. proposed rule that some providers and constructive knowledge standard for The commenters recognized the suppliers might avoid performing ‘‘identified’’ introduces a subjective legitimate need for this rule to not activities to determine whether an standard that would lead to the 60-day permit avoiding the report and return overpayment exists. As discussed clock beginning to run on a date that a obligation when there is some earlier, section 1128J(d) of the Act person ‘‘should have known’’ about an indication of a potential overpayment requires a person to report and return overpayment, although it actually had simply by avoiding additional overpayments they have received. Thus, no knowledge at all. For example, if a investigatory work to obtain actual providers and suppliers have a clear health care entity accidentally programs knowledge. Commenters stated that duty to undertake proactive activities to its computers incorrectly, and as a voluntary compliance programs already determine if they have received an result, erroneously bills and is paid for follow this basic duty to investigate and overpayment or risk potential liability a service, commenters questioned recommended a parallel, narrowly for retaining such overpayment. whether the addition of the ‘‘reckless drawn duty to investigate when there is Comment: Some commenters objected disregard’’ standard suggests that one credible evidence of the existence of an to the example of an identified could argue that the company should overpayment. According to commenters, overpayment concerning a provider have been aware of the error, and this standard could apply to a variety of learning of services provided by an therefore is liable for a false claim, even fact patterns, including, compliance unlicensed or excluded individual. The if the company has a robust compliance hotline communications, internal commenter believed that such a

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scenario does not automatically imply confirmed the overpayment before have produced a number of educational that an overpayment has occurred, but ‘‘knowledge’’ can be attributed to the materials, including the Medicare that an investigation must be conducted organization. Learning Network®, which are available to determine if there is a regulatory or Response: We disagree with the on our Web site, http://www.cms.gov.2 legal nexus between the individual’s commenters. As a general matter, OIG has also produced a number of licensure or exclusion and the organizations are responsible for the compliance educational materials that reimbursement. activities of their employees and agents are available on its Web site, http:// Response: We understand the at all levels. www.oig.hhs.gov.3 commenters’ belief that the example Comment: Some commenters Comment: A commenter given doesn’t automatically imply than requested confirmation that a valid acknowledged that while a significant an overpayment has occurred. Billing report of an overpayment bars any increase in Medicare revenue could be for items or services furnished by an substantive liability under the FCA qui an example of an identified unlicensed or excluded person can tam provisions. Commenters suggested overpayment for some types of result in receiving an overpayment. Part that the reporting of the overpayment providers, it might be inapplicable to of determining whether an overpayment should result in a ‘‘public disclosure.’’ other types of providers. Specifically, has been received in this situation is Other commenters requested the commenter explained that investigating the relevant facts about the clarification on the proposed rule’s laboratories are not in a position to activities of the unlicensed or excluded interaction with reverse FCA liability. determine the medical necessity of the individual and reviewing the relevant Commenters suggested that a failure to services they provide because they do laws, regulations, and billing rules. report and return an identified not order the tests. The commenter Comment: A commenter suggested overpayment should not lead to reverse suggested that the final rule clarify that adding to the list of examples where no FCA liability, unless the provider laboratories and other providers that do reasonable inquiry occurred after ‘‘knowingly concealed’’ or ‘‘knowingly not directly order tests or services be learning that the profits from a practice and improperly avoided’’ the obligation. exempt from any requirement to or physician were unusually high in Other commenters stated that the proactively conduct an inquiry into relation to hours worked or the relative proposed rule inappropriately applies whether an overpayment exists based on value units associated with the work. the FCA, specifically the ‘‘reverse false the volume of Medicare work it Response: We agree that this situation claims’’ cause of action, to honest conducts. could constitute credible information mistakes or inadvertent overpayments. Response: We disagree with the that would require a provider or Response: We are interpreting section commenter. All providers and suppliers supplier to conduct reasonable 1128J(d) of the Act in this rulemaking, have a duty to ensure that the claims diligence. As we stated earlier, the list not the FCA. In this rule, our discussion they submit to Medicare are accurate of examples is illustrative only and not of the FCA is limited to its explicit and appropriate. There may be a comprehensive list. We are unable to inclusion in the enforcement provision situations where a significant increase address all possible factual under section 1128J(d) of the Act, which permutations in this rulemaking. states that any overpayment retained by in Medicare revenue should lead a Comment: Several commenters a person after the deadline for reporting laboratory to conduct reasonable questioned how a hotline complaint and returning the overpayment under diligence. could create a duty to conduct a this rule is an obligation for purposes of Comment: A commenter expressed reasonable inquiry. A hotline complaint the FCA. concern regarding the proposed rule’s is made by employees or other sources Comment: Several commenters effect on hospitalists. The commenter and is typically used to raise allegations requested clarification about the level of explained that hospitalists have very of improper conduct or something that resources a small provider or supplier is little contact with the payment process may need to be investigated. expected to devote to investigating because they are employed by a hospital Response: Hotline complaints potential overpayments in order to or physician group and typically assign received by a provider or supplier may avoid being liable based on a theory of their Medicare payments to their qualify as credible information of a ‘‘reckless disregard’’ or ‘‘deliberate employer. potential overpayment under this rule, ignorance.’’ Some commenters Response: For purposes of this rule, which would require the provider or expressed concern that resources might an entity to which a provider or supplier to exercise reasonable diligence be diverted from patient care in order to supplier has reassigned Medicare to determine if an overpayment has ensure compliance with this rule. payments has a duty to determine occurred. Whether a hotline complaint Commenters requested that CMS whether it has received overpayments qualifies as credible information is a provide compliance guidance on how to associated with that provider or factual determination. For example, develop compliance plans and conduct supplier. Additionally, although the receiving repeated hotline complaints self-audits for small providers and entity to which payments were about the same or similar issues may suppliers and recommended that this reassigned has a duty to determine if it lead a reasonable person to conclude guidance be coordinated with the has received any overpayments, this that they have received credible rulemaking related to sections 6102 and does not mean that the individual who information that obligates conducting 6401 of the Affordable Care Act. has reassigned his or her payments reasonable diligence. However, one Response: We understand the concern might not, in certain circumstances, also hotline complaint may be detailed of smaller providers and suppliers. be responsible for the overpayment. enough to lead a reasonable person to However, we are unable to provide This will be a fact-specific the same conclusion. specific guidance on resource levels or determination regarding the individual’s Comment: Several commenters other measures to ensure compliance questioned to whom within an with this rule. Providers and suppliers, 2 A current, more direct link: https:// organization CMS would attribute large and small, have a duty to ensure www.cms.gov/Outreach-and-Education/Medicare- Learning-Network-MLN/MLNGenInfo/ knowledge of the overpayment. their claims to Medicare are accurate index.html?redirect=/mlngeninfo. Commenters suggested that CMS clarify and appropriate and to report and return 3 A current, more direct link: http://oig.hhs.gov/ that it must be a senior official who has overpayments they have received. We compliance/.

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knowledge of the circumstances leading innocent providers and suppliers to from the provider or supplier being a to the overpayment. report a suspicion of a kickback victim of identity theft. Comment: Several commenters stated arrangement. A commenter proposed Response: Providers and suppliers are that the proposed rule is inconsistent that ‘‘sufficient knowledge’’ of a responsible for the actions of their with the limitation on liability provision kickback should mean ‘‘actual agents, including third-party billing in section 1879 of the Act (42 U.S.C. knowledge of the existence of the companies. We understand that 1395pp), in situations where the kickback or acts in reckless disregard or providers and suppliers are concerned provider did not know and could not deliberate ignorance of the kickback.’’ that they may become victims of reasonably have been expected to know Additionally, some commenters identity theft. Providers and suppliers that the payment would not be made. suggested that the government has no should report any identity theft to law Response: We disagree with the right to recover ‘‘tainted’’ claims made enforcement and CMS and should wait commenters. Determinations by the to an innocent party that were the result for instructions from CMS concerning Secretary with respect to liability for of a kickback arrangement and that no returning the overpayment. non-covered items or services under overpayment exists if the provider is Comment: Several commenters section 1879 of the Act are independent without fault. Comments also requested requested clarification on the from the obligations of providers and further explanation of the extraordinary overpayment example concerning suppliers under section 1128J(d) of the situations in which the government receiving a significant increase in Act to report and return overpayments would seek recovery from an innocent Medicare revenue for no apparent received by a provider or supplier. provider. reason and failing to make reasonable Section 1879 determinations are Response: As stated in the proposed inquiry. Commenters requested decisions by CMS about whether to rule and elsewhere in this final rule, guidance on what is significant. Some make payment not withstanding certain providers and suppliers who are not a commenters requested that a other provisions in Title XVIII and party to a kickback arrangement are ‘‘significant increase’’ in Medicare assignment of financial responsibility unlikely in most instances to have revenue be defined as a 25 percent for denied items or services when ‘‘identified’’ an overpayment that has increase in Medicare revenue or payment may not be made. When CMS resulted from the kickback arrangement alternatively, allow a neutral third-party has made such a determination that and would therefore have no duty to to decide when there is a ‘‘significant payment must be made for certain report or return it. To the extent that a increase.’’ denied items or services, the resulting provider or supplier who has received Response: We decline to adopt the payment would not be an overpayment an overpayment resulting from a commenters’ suggestions and will not under section 1128J(d) of the Act. kickback arrangement and is not a party define the term ‘‘significant increase.’’ Moreover, determinations in accordance to a kickback arrangement but has As stated earlier, we are unable to make with section 1879 of the Act are CMS sufficient knowledge of the arrangement blanket statements or address every determinations; section 1879 of the Act to have identified the resulting factual permutation in this rulemaking. is not applicable to the provider’s or overpayment, the provider or supplier Providers and suppliers should analyze supplier’s own assessment of whether must report the overpayment to CMS. the facts and circumstances present in funds are an overpayment. We believe it However, we decline to adopt the their situation to determine whether is inappropriate for providers or suggested definition of ‘‘sufficient they have credible information that a suppliers to make determinations knowledge.’’ It is possible that a potential overpayment exists. As regarding their own knowledge of non- provider or supplier may obtain discussed earlier in this section, coverage or whether they were the cause information that indicates that an providers and suppliers are required to of an overpayment in lieu of reporting arrangement may violate the Anti- exercise reasonable diligence to and returning an identified Kickback Statute. determine whether they have received overpayment as required by this rule. We would refer the reported an overpayment when there is credible Comment: A number of commenters overpayment and potential kickback information of a potential overpayment. suggested including the reasonable arrangement to OIG for appropriate Comment: Commenters raised inquiry issues in the regulatory text for action and would suspend the concerns about the potential for a clarity. Commenters noted that these repayment obligation until the provider or supplier to refund issues were only discussed in the government has resolved the kickback overpayments and that those refunded preamble and not noted in the matter (either by determining that no claims may become the subject of an regulatory text. enforcement action is warranted or by audit by a Medicare contractor, such as Response: We have included the obtaining a judgment, verdict, a Medicare Recovery Contractor, or the reasonable diligence language in the conviction, guilty plea, or settlement). OIG in the future. A commenter regulatory text at § 401.305(a)(2). Our expectation is that only the parties requested that CMS clarify that Comment: Several commenters to the kickback scheme would be Medicare contractors should take requested clarification as to how the required to repay the overpayment that appropriate steps to remove any claims regulations will apply to providers or was received by the innocent provider that are the subject of an overpayment suppliers who receive a possible or supplier, except in extraordinary refund from the claims data warehouse overpayment as the result of a scheme circumstances. As these issues are fact- so that the claims are not later subject that violates the Anti-Kickback Statute specific, we are unable to speculate as to contractor or OIG review and and the provider or supplier was not a to what facts would need to be present recoupment for similar issues. party to the scheme. Commenters stated to qualify as extraordinary Response: We understand the that providers or suppliers receiving a circumstances. commenters’ concerns and believe that payment with no knowledge of a Comment: A commenter suggested our adjustments to the process for kickback arrangement should not be creating additional exceptions for reporting and returning overpayments held responsible for identifying and reporting and returning overpayments discussed in section II.C.4. of this final returning the resulting overpayment. for other ‘‘innocent provider’’ situations rule address those concerns. If providers Commenters also stated that there for errors made by a third party billing and suppliers report and return should be no affirmative duty on company or overpayments resulting overpayments for specific claims, then

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the MAC can adjust those claims. If results of the contractor or government its contractors to recoup a potential providers and suppliers report and audit and not to other similar potential overpayment during the first 2 levels of return using statistical sampling and overpayments. administrative appeal. Commenters extrapolation, then it is only possible to Response: We agree that when requested that CMS clarify that, for the adjust the specific erroneous claims receiving the results of a contractor or purposes of complying with proposed found in the sample. In this situation, government audit, the scope of the duty 42 CFR 401.305, a potential providers and suppliers should retain to conduct reasonable diligence is overpayment brought to the provider’s their audit and refund documentation in defined by the issues that the contractor or supplier’s attention by a Medicare the event that a Medicare contractor or or government audited. However, contractor shall not be considered the OIG audits claims that the provider providers and suppliers will need to ‘‘identified’’ until the later of: (1) The or supplier believes have been review the specific facts and exhaustion of the provider’s or previously refunded. While we will not circumstances, including the billing and supplier’s appeal rights; or (2) the recover an overpayment twice, we do coverage rules, to determine the expiration of the time limit for the not intend to exempt from subsequent required scope of their reasonable provider or supplier to pursue the next audit by CMS, a CMS contractor or the diligence. Also, the contractor or level of administrative or judicial OIG any claims that form the basis for government audit may be for a limited appeal. a returned overpayment. time period. If the provider or supplier Response: The provisions of this final Comment: Some commenters stated confirms the audit’s findings, then the rule establish that a person has the that CMS should clarify that the provider and supplier may have responsibility to conduct an obligation to report and return credible information of receiving a investigation in good faith and a timely overpayments begins at the conclusion potential overpayment beyond the scope manner in response to obtaining of a contractor or government audit, of the audit if the practice that resulted credible information of a potential after the provider is presented with in the overpayment also occurred overpayment and to return identified results. outside of the audited timeframe. In overpayments by the deadline set forth Response: This rule addresses the such situations, providers and suppliers in § 401.305(b). This responsibility relevant person’s responsibility to report will need to conduct reasonable exists independent of the appeals and return overpayments it has received diligence within the lookback period of process for contractors’ overpayment and identified based on its own this rule to comply with section determinations. We believe that proactive analysis or any other means of 1128J(d) of the Act. contractor overpayment determinations identification. There are many ways, Comment: Several commenters also are always a credible source of other than a government audit, that a stated that the duty to search for information for other potential person can identify an overpayment. overpayments should not be triggered overpayments. Moreover, we recognize Receiving the results of a contractor or by a general government notice, such as that in certain cases, the conduct that government audit is an example of the OIG annual work plan. Commenters serves as the basis for the contractor credible information of a potential requested that the final rule indicate identified overpayment may be nearly overpayment that requires the provider that the duty to make a reasonable identical to conduct in some additional or supplier to conduct reasonable inquiry is only triggered by a notice of time period not covered by the diligence to confirm or contest the a contractor or government audit contractor audit. If the provider appeals audit’s findings. specific to a provider. the contractor identified overpayment, Comment: Some commenters Response: If a contractor or the provider may reasonably assess that requested clarification that the fact that government audit discovers a potential it is premature to initiate a reasonably a contractor or the government overpayment, the audit notice from the diligent investigation into the nearly determines that a claim constitutes an contractor or government triggers the identical conduct in an additional time overpayment does not automatically provider’s or supplier’s obligations period until such time as the contractor mean that the provider or supplier under section 1128J(d) of the Act. We identified overpayment has worked its should have reported and returned the encourage providers and suppliers to way through the administrative appeals overpayment at an earlier time. take advantage of additional sources of process. Response: As previously discussed, publicly available information, such as Comment: A number of commenters the threshold obligation in section the OIG’s annual work plan and CMS questioned whether providers and 1128J(d) of the Act is that providers and notices, to inform their planning of suppliers have appeal rights to self- suppliers shall report and return proactive compliance monitoring identified overpayments. Commenters overpayments. For a claims-based activities and retroactive reviews. stated that the potential penalties for not overpayment, that obligation must be Comment: Many commenters reporting and returning an fulfilled within 60 days of identifying requested clarification of the rule’s overpayment, coupled with the short the overpayment. Section 401.305(a)(2) application in the administrative appeal 60-day time period for doing so, likely states that a person has identified an process. Some commenters will result in providers and suppliers overpayment when the person has or recommended that providers and erring on the side of caution and should have determined, through the suppliers have the opportunity to returning an overpayment prematurely. exercise of reasonable diligence, that the review Medicare contractor audit results Commenters suggested expanding the person has received an overpayment and determine whether they agree or list of actions in 42 CFR 405.924 that and has quantified the amount of the whether they will file an appeal. Some constitute an initial determination to overpayment. Whether a particular commenters believed that the obligation provide for an appeal right related to a provider or supplier has satisfied this to report and return overpayments ‘‘contractor’s acceptance of a refund of standard in a particular circumstance is identified by Medicare contractors an overpayment made in accordance a fact-based inquiry. should wait until the appeals process is with § 401.305.’’ Other commenters Comment: Other commenters completed. In support, commenters rely stated that the acceptance of the requested clarification that a provider’s on Section 935 of the Medicare overpayment and the related adjustment obligation to inquire about potential Modernization Act (MMA), which should be considered a reopening and overpayments extends only to the places limits on the ability of CMS and revised determination of the initial

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determination of payment under the estimate an overpayment amount, CMS the Congress intended applicable current regulations and CMS manual should confirm that providers and reconciliation to be interpreted as instructions. Other commenters stated suppliers may still appeal such findings narrowly as we proposed. Some that the concept of reconciliation should if necessary. commenters interpreted ‘‘applicable incorporate the existing appeals process. Response: To the extent that the reconciliation’’ as the preliminary steps Response: Section 1128J(d) of the Act return of any self-identified taken by the provider or supplier to clearly requires providers and suppliers overpayment results in a revised initial determine whether they have received to report and return identified determination of any specific claim or an overpayment. Some commenters overpayments they have received. To claims, a person would be afforded the suggested that CMS include the claims the extent that the return of any self- appeal rights that currently exist. As is adjustment and credit balance processes identified overpayment results in a currently the case under the existing in the definition of applicable revised initial determination of any voluntary refund process, there are no reconciliation. Other commenters specific claim or claims, a person would appeal rights associated with the self- requested CMS to include all instances be afforded any appeal rights that identified overpayments that do not of addressing and resolving currently exist, as some commenters involve identification of individual overpayments in the term ‘‘applicable stated. Revised initial determinations, overpaid claims and individual claim reconciliation,’’ including but not which trigger appeal rights under the adjustments. limited to Medicare contractor or OIG existing rules, are issued when specific Comment: Several commenters noted audits and pre- and post-payment claims are adjusted. We note the process that the proposed rule provided no reviews by Medicare Administrative for identifying an overpayment requires avenue for providers and suppliers to Contractors. a person to exercise reasonable cancel the overpayment refund if the Response: We understand some of the diligence in determining whether an provider or supplier subsequently commenters’ concerns and believe our overpayment was received and to determines that the overpayment refund clarification of the constructive quantify the overpayment amount with was made in error. Commenters knowledge standard for identifying an a reasonable degree of certainty. We suggested requiring contractors to return overpayment discussed previously expect persons to exercise responsibility payments to providers and suppliers should address many of these concerns. in identifying an overpayment that is when the provider or supplier notifies However, we disagree with the reported and returned in accordance the contractor that the funds were commenters’ interpretation of the term with section 1128J(d) of the Act. It returned in error and requests a reversal. would be inconsistent with the intent of Response: Providers and suppliers ‘‘applicable reconciliation’’ in the the statute and our regulations for should exercise reasonable diligence as context of this final rule, which applies persons to return self-identified set forth in this final rule before to Medicare Parts A and B. The term overpayments or a subset of the larger reporting and returning the ‘‘persons’’ covered by section 1128J(d) overpayment, and then appeal those overpayment. Additionally, the existing of the Act is broad—it covers not only overpayments as a means to circumvent reopening regulations afford a means for providers and suppliers, but also the duty for timely investigation of a provider or supplier to request Medicaid managed care organizations, potential overpayments or the deadline correction of a mistake in reporting an MA organizations, and PDP sponsors. for reporting and returning of identified overpayment, although we do not The definition of overpayment, where overpayments. As such, we decline the expect this to be a frequent occurrence. the term ‘‘applicable reconciliation’’ is used, is similarly broad in that it covers commenters’ suggestion to create an 2. Meaning of Applicable Reconciliation explicit appeal right by classifying overpayments received or retained by ‘‘contractor’s acceptance of a refund of Our proposed rule acknowledged that any of these persons. As a result, an overpayment made in accordance in some instances, we make interim Congress addressed the significant with § 401.305’’ as an initial payments to a provider through the cost differences between how all of these determination in § 405.924. If a provider year and that the provider reconciles persons receive federal health care or supplier were to report and return these payments with covered and program dollars in the overpayment certain overpayments through reimbursable costs at the time the cost definition by including the term individual claims determinations but report is due. In proposed § 401.305(c), ‘‘applicable reconciliation.’’ Medicare chose not to extrapolate and, thus, not we stated that ‘‘applicable Part A and B claims are submitted by return the entire overpayment amount reconciliation’’ would occur when the providers and suppliers to contractors because the provider or supplier is cost report is filed. This would include and those claims are expected to be appealing the individual claim an initial cost report submission or an correct when filed. Medicare contractors determinations, then the provider or amended cost report. We proposed two do not audit or ‘‘reconcile’’ every claim. supplier could be viewed as failing to exceptions to the general rule that the To the extent our contractors perform exercise reasonable diligence to identify applicable reconciliation occurs with claims auditing, that auditing is done in amounts that the person should have the provider’s submission of a cost the context of our program integrity determined are overpayments. As report. The first was related to efforts to find improper claims. Section discussed in section II.C.1. of this final Supplemental Security Income (SSI) 1128J(d) of the Act does not permit rule, any overpayment retained by a ratios used in the calculation of providers and suppliers to retain person after the deadline for reporting disproportionate share hospital (DSH) overpayments until a CMS contractor or and returning the overpayment is an payment adjustment. The second the OIG identify the overpayment for obligation that has the potential to exception was related to the outlier the provider or supplier. Providers and trigger FCA liability. reconciliation, which is performed at suppliers cannot rely on Medicare’s Comment: Several commenters the time the cost report is settled if contractors or the OIG to point out their requested that CMS confirm that certain thresholds are exceeded. overpayments for them—providers and refunds based on statistical sampling Comment: Many commenters suppliers are obligated to identify the will maintain appeal rights. Because questioned our proposed interpretation overpayments they have received. Also, individual claim adjustments may not of the term ‘‘applicable reconciliation.’’ we do not believe that the claims be made when sampling is utilized to Generally, commenters did not believe adjustment and credit balance processes

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are properly considered pertains to cost reports. The proposed the provider’s reconciliation of the ‘‘reconciliation.’’ Instead, they are rule defined ‘‘applicable reconciliation’’ interim payments and costs. mechanisms for providers and suppliers as occurring when a cost report is filed, Accordingly, in the context of cost to report and return overpayments that except that any changes to the SSI ratio reporting, the ‘‘applicable they identify. We have revised that affect the Medicare hospital reconciliation’’ is the provider’s year- § 401.305(a)(2) to address those disproportionate share payments and end reconciliation of payments and processes. any reconciliation to outlier payments costs to create the cost report. The cost Comment: Some commenters stated will not result in a refund obligation report must be filed within 5 months of that our proposed approach is until such time as the final settlement the end of the provider’s fiscal year end, inconsistent with our prior position in of the hospital’s cost report occurs. which allows the provider time to previous rulemakings that commenters Specifically, commenters stated that reconcile payments and costs and contend allowed for post-payment section 1128J(d) of the Act recognizes identify any funds to which the adjustments before considering if an the deadline for submission of the provider is not entitled. This overpayment exists. Commenters cited initial cost report as tolling the 60-day overpayment should be returned at the language from the March 25, 1998 time period and thus applicable time the cost report is filed. We note proposed rule (63 FR 14506) as an reconciliation should mean a process that this definition establishes a policy indication that CMS allowed that occurs subsequent to the that is consistent with our regulations at reconciliation to occur prior to the submission of the initial cost report. 42 CFR 405.378(e)(2)(i), which state that remaining overpayment amount being Commenters stated that CMS’ if a cost report is filed indicating that an considered a debt. The March 25, 1998 discussion of the applicable amount is due to CMS, interest on the proposed rule specified that reconciliation period seemed to suggest amount due will accrue from the due overpayments generally result when that, other than for SSI ratios and date of the cost report (unless certain payment is made by Medicare for non- outliers, providers will be expected to exceptions apply). covered items or services, when have identified a cost report-related Comment: Several cancer centers payment is made that exceeds the overpayment at the time that the raised concerns about the rule’s amount allowed by Medicare for an item provider submits an initial or amended application to their payments. or service, or when payment is made for cost report. According to commenters, According to comments, cancer centers items or services that should have been this suggestion is inconsistent with the are reimbursed for inpatient services paid by another insurer (Medicare purpose of the cost report settlement based on the reasonable cost secondary payer obligations). process, which is to assist all parties in methodology subject to the Tax Equity Furthermore, it specified that, once a identifying and correcting errors, and it and Fiscal Responsibility Act (TEFRA) determination and any necessary is not until this process is completed cost limits and are eligible for hold adjustments in the amount of the (and sometimes long after) that harmless payments under the outpatient overpayment have been made, the providers may become aware of an prospective payment system. Because of remaining amount is a debt owed to the overpayment. In addition, commenters the unique aspects of these payment United States Government. objected to the position that initial or methodologies, billing or other errors or Similarly, commenters believed the amended cost reports can serve as the omissions that may cause an following statement in our January 25, basis for an overpayment, given that the overpayment for other types of hospitals 2002 proposed rule (67 FR 3663) determination of the amount of would often not result in a reduction in supports a more inclusive definition of reimbursement due on that cost report overall reimbursement for a cancer applicable reconciliation: ‘‘Submission is not final until the contractor audits center if they were corrected. Therefore, of corrected bills in conformance with the cost report and issues a written commenters requested that CMS clarify our policy, within 60 days, fulfills these determination under 42 CFR that billing or other errors that would requirements for providers, suppliers, 405.1803(a). not impact the reimbursement amount and individuals.’’ Commenters recommended that a provider receives would not Response: The cited language from ‘‘applicable reconciliation’’ in the constitute an overpayment for purposes the March 1998 proposed rule was context of cost reporting occur upon the of this final rule. addressing the Secretary’s identification final settlement of a provider’s cost Response: We agree with the of overpayments, not overpayment report by the MAC, so long as, upon commenters to the extent that section identified by a provider or supplier, discovery of an issue subject to cost 1128J(d) of the Act pertains only to which is the subject of this rule. As for report audits that could affect a overpayments. If a provider identifies an the January 2002 proposed rule, we note provider’s Medicare payment, the error or omission that does not result in that the structure proposed in that rule provider timely discloses the issue to a an overpayment, then the requirements is similar to the section 1128J(d) MAC for purposes of preparing a final of section 1128J(d) of the Act or this rule obligation regarding the reporting and cost report settlement. do not apply. returning of overpayments within 60 Response: We appreciate the Comment: Commenters questioned days of identification. We fail to see comments on this issue. However, we whether there is a duty to revise past how the sentence cited by commenters are finalizing the definition of cost reports based on the results of a from the January 2002 proposed rule applicable reconciliation as proposed. MAC audit on one cost report. For indicates anything about the concept of The applicable reconciliation for example, a MAC may audit a cost report applicable reconciliation. Moreover, this purposes of 1128J(d)(4)(B) is the for one year and make certain statement is consistent with the reconciliation that enables a person to adjustments based on what it discussion in section II.C.4. of this final identify funds to which the person is determines to be the improper treatment rule regarding the claims adjustment not entitled. Providers are required to of certain costs. Commenters questioned processes as a way to report and return file annual cost reports in order to whether, under this rule, a provider overpayments. determine their total reimbursement and would be required to submit amended Comment: Many commenters any amount due to or from the Medicare cost reports for all other unaudited cost questioned the proposed definition of program. When a provider files its cost report years in which the provider ‘‘applicable reconciliation’’ as it report, it is attesting to the accuracy of treated those costs in a similar fashion.

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Response: If the MAC notifies a provider throughout the cost report year to report and repay the overpayment provider of an improper cost report would be reconciled at the time that the within 60 days of identification rather payment, the provider has received cost report is due, but they sought than allowing for completion of the credible information of a potential confirmation that this is CMS’s policy audit process, which includes netting overpayment and must conduct for PIP providers. out of underpayments and reasonable diligence on other cost Response: We agree with commenters. overpayments, while the cost report is reports within the lookback period to Overpayments as a result of PIP still open. Commenters stated that determine if it has received an payments would be reported and requiring reporting and returning within overpayment. returned at the time the initial cost 60 days of identification, as opposed to Comment: Commenters questioned report is due. There is no applicable allowing completion of the audit the rule’s effect on the hospice annual reconciliation until the PIP payments process, would force providers to send cap, the home health outlier revenue are dealt with in the cost report process. in numerous overpayments for minor cap, and requests for anticipated However, if a provider is aware that errors while the cost report is open and payments (RAPs). According to their PIP payment may not be accurate, disrupt the normal MAC audit process. commenters, hospices and home health they should continue with normal Commenters also questioned a agencies have no way of knowing business practices and inform its MAC number of other cost report issues that whether they have received a cap of the issue. they believed to be not entirely known overpayment, or the amount, until they Comment: Some commenters to the provider at the time of initially are notified by the MAC. Commenters questioned under what circumstances a filing the as-filed cost report, but which requested that CMS clarify that the rule provider would anticipate an outlier are reconciled through the audit does not apply in these situations. reconciliation will be performed at the process, and finalized with the issuance Response: The hospice and home time of cost report settlement and of the NPR, including— health cap determinations are made at requested that CMS clarify that outlier • Home office cost statements the end of the year and it is possible that payments may be returned via the (HOCS), providers usually file an the provider may not be aware of the overpayment reporting process for estimate of home office costs on the cap status until their MAC calculates claims. Other commenters requested hospital cost report, which is the final cap amount. Therefore, the clarification of how the rule would subsequently reconciled to the HOCS provider is not responsible to report and apply in situations where a MAC when the MAC audits the HOCS; refund the overpayment until they have amends the provider’s cost to charge • Any interim payments such as received the cap determination from ratio resulting in a reduction to its Medicare bad debt or graduate medical their MAC. There can be no applicable Medicare outlier payments for the cost education (GME), including resident reconciliation until the final cap amount reporting period. Specifically, ‘‘overlap’’ reports from the MAC; is determined. commenters questioned whether it is • Sole-community hospital (SCH)/ Comment: Commenters questioned the provider’s responsibility to Medicare-dependent hospital (MDH) the rule’s effect on payment adjustments recompute its outlier payments based on payments; under the long-term care hospitals this new information and remit any • End-stage renal disease (ESRD) (LTCHs) prospective payment system overpayment to the Medicare contractor payments; (PPS), including the so-called ‘‘25- within 60 days of receiving the • Organ payments; percent threshold rule’’ payment notification or whether the provider • Nursing and allied health adjustment policy as implemented by 42 should wait for the MAC to audit, or if payments; CFR 412.534 and 412.536. applicable, reopen the cost report and • Tentative settlement payments; Response: In this final rule, we define redetermine the settlement amount. • Updated Provider Statistical & overpayment as any funds that a person Response: An overpayment as a result Reimbursement Report (PS&R) for has received or retained under title of an outlier reconciliation would be claims processed after cost report XVIII of the Act to which the person, identified once the provider receives submission; after applicable reconciliation, is not that information from its MAC as part of • Prior-year audit adjustments, CMS entitled under such title. To the extent the cost report settlement process. The rulings, and PRRB appeals; and the LCTH adjustments meet this provider is not responsible for • HITECH Act EHR incentive definition they are overpayments. attempting to identify the cost report payments. Comment: Commenters questioned outlier reconciliation overpayment in Response: If the provider self- how providers that receive periodic advance of the MAC’s reconciliation identifies an overpayment after the interim payments (PIP) would be calculation. However, for claims, if the submission and applicable expected to return any overpayments. provider identifies an inaccurate outlier reconciliation of the Medicare cost Under the statutory and proposed claim payment, the provider must report, it is their responsibility to follow regulatory definitions of follow the overpayment payment the procedures in this rule, and report ‘‘overpayment,’’ during any cost reporting process for claims, as noted in and return the overpayment within 60 reporting period, no overpayment exists this final rule. days of identification. The provider until the provider submits its cost Comment: Given that cost reports can must use the applicable reporting report. Commenters sought clarification remain under audit review for 3 to 4 process for cost report overpayments that any overpayments identified by years and are not finalized until the (submit an amended cost report) along providers related to these interim Notice of Program Reimbursement with the overpayment refund. The payments must be reported and (‘‘NPR’’) date, commenters requested amended cost report must include returned by the date any corresponding that CMS provide guidance on sufficient documentation and data to cost report is due, not within 60 days of providers’ responsibilities when an identify the issue in order for the MAC identification. Commenters believed overpayment is discovered by the to adjust the cost report. that the preamble language in the provider or the MAC auditor after the If the overpayment is identified by the proposed rule indicated that CMS cost report is due/filed but prior to the MAC during the cost report audit, the believed any overpayments associated NPR date. Commenters questioned MAC will determine and demand the with interim payments made to a whether the provider would be required exact amount of the overpayment at

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final settlement of the cost report. The year period would increase the burden, and procedures as well as various state provider remains responsible to report costs, and complexity in investigating a medical record retention requirements. and refund similar overpayments in cost potential overpayment. For example, • Other commenters recommended a reports for other years not covered by commenters noted that they would 7-year period. These commenters stated the MAC audit. likely need to create very large sample that most, if not all, providers and Comment: Commenters noted that the sizes to cover a 10-year timeframe. In suppliers retain documentation for proposed rule did not mention any addition, the review would need to claims they submit for a 7-year period changes to the cost report reopening account for any changes in the coding, as part of their standard record retention period at § 405.1885, which is 3 years. including Current Procedural policies. Response: We did not propose and are Terminology (CPT) codes (or other Response: We have carefully not changing the time period in 42 CFR codes used to identify items or considered all of the comments on the 405.1885. procedures billed), Correct Coding lookback period and have concluded that 6-year time period is most 3. Lookback Period Initiative (CCI) editing protocols, local contractor determinations, coverage appropriate for this rule. The change is Proposed § 401.305(g) specified that guidelines, and other CMS policies. reflected in § 401.305(f) of this final overpayments must be reported and Finally, commenters noted that staff rule. The 6-year lookback period will be returned only if a person identifies the turnover at both the provider or supplier measured back from the date the person overpayment within 10 years of the date and CMS contractor levels may create identifies the overpayment. As an initial the overpayment was received. We additional challenges in investigating matter, we believe that we have the proposed 10 years because this is the claims filed up to 10 years ago. authority to establish a lookback period outer limit of the FCA statute of Commenters offered a variety of for section 1128J(d) of the Act under our limitations. We also proposed amending programmatic rulemaking authority, the reopening rules at § 405.980(b) to alternative lookback periods: • Many commenters suggested using including our authority to create the provide that overpayments reported in reopening rules under section 1869 of the current reopening rules at 42 CFR accordance with § 401.305 may be the Act. We note that section 1128J(d) 405.980, which permit contractors to reopened for a period of 10 years to has no time limit to the obligation to reopen claims within 1 year for any ensure consistency between the report and return overpayments reason, within 4 years for good cause, reopening regulations and § 401.305(g). received by a provider or supplier. The and at any time if evidence of fraud or Comment: Many commenters objected enforcement mechanisms, the FCA and similar fault exists. These commenters to the proposed 10-year lookback period section 1128A of the Act, have time stated that § 405.980 sets forth a in § 401.305(g) for several reasons. First, limits ranging from 6 to 10 years. We reasonable timeframes and providers commenters stated that section 1128J(d) believe that the current reopening rules and suppliers have built their internal of the Act does not provide a basis to need to be adjusted to properly reflect create a new lookback period that is processes around them. • section 1128J(d) of the Act, specifically different from the one in existing Other commenters recommended a the statute’s enforcement aspects. We reopening rules. Second, commenters 3-year lookback period for all are amending the reopening rules to stated that it was not appropriate to use overpayments not resulting from fraud provide for a reopening period that the outer limit of the FCA as the or other intentional misconduct. These accommodates the 6-year lookback lookback period. Since the FCA is a commenters generally justified a 3-year period for reporting and returning fraud enforcement statute, commenters period because the Medicare and overpayments, and to ensure that the stated that it was not appropriate to Medicaid RACs are limited to 3 years in reopening rules do not present an apply this time period to all their audits. A commenter obstacle or unintended loophole to overpayments, which could also be recommended 3 years because it compliance and enforcement of section caused by errors or mistakes that did not matched the timeframe for coordination 1128J(d) of the Act. We specify in rise to the level of fraud. Third, of benefits under Part D. § 405.980(c)(4) that providers may • commenters stated that 6 years is the Other commenters recommended a request that contractors reopen initial more commonly used statute of 5-year period because it was consistent determinations for the purpose of limitations in the FCA and that the 10- with the medical record retention reporting and returning an overpayment year period only applied in certain requirement in the hospital conditions under § 401.305. However, this revision circumstances. Thus, commenters stated of participation at 42 CFR 482.24. to the reopening regulation does not that the proposed lookback period was • Other commenters recommended a extend the lookback period specified in broader than, and not parallel to, that of 6-year period. These commenters stated § 401.305(f). Rather, it serves to make the FCA. that 6 years is consistent with the more administrative accommodations so that Commenters also stated that the commonly applicable FCA statute of contractors may reopen the initial proposed 10-year period was overly limitations as well as the statute of determination associated with any burdensome. First, many commenters limitations for section 1128A of the Act, overpayment reported and returned by a stated that compliance with the which contains a variety of civil provider or supplier during the 6-year proposed time period would require a monetary penalty (CMP) authorities lookback period set forth in this final de facto 10-year record retention applicable to Medicare and Medicaid, rule. requirement and would be inconsistent including the CMP applicable to section After review of all the issues with existing record retention 1128J(d) of the Act. Several commenters identified by the commenters, we requirements. Second, commenters also recommended 6 years because it is conclude that a 6-year lookback period stated that maintaining paper and consistent with the medical record would appropriately address many of electronic medical and billing records retention requirements for Part B the concerns about burden and cost for the proposed 10-year period as well providers under Chapter 24, 30.2 of the outlined previously. Specifically, we as the difficulties with retrieving that Medicare Claims Processing Manual and note that, according to commenters, information from legacy systems would the HIPAA requirements at 45 CFR many providers and suppliers retain be costly and time-consuming. Third, 164.316(b)(2) for maintaining records and claims data for between 6 commenters stated that the proposed 10- documentation of compliance policies and 7 years based on various existing

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federal and state requirements. Thus, we November 15, 2002 proposed rule (67 overpayments going back 6 years as believe our final rule does not create FR 69327).) In response to this proposed stated in this rule. additional burden or cost on providers provision, commenters maintained that Comment: A commenter requested and suppliers in this regard. Also, 6 we did not adequately justify the that, regardless of the lookback period years is consistent with one component proposed 5-year timeframe and we adopt, we allow Part B providers to of the FCA statute of limitations as well expressed concerns about the difficulty use scanned records to justify their Part as the statute of limitations under and burden of locating documentation B claims for auditing purposes. The section 1128A of the Act. on older claims. (See the March 8, 2005 commenter stated that maintaining Comment: Several commenters interim final rule with comment period paper records for 6 or 10 years is recommended a lookback period that is (70 FR 11452).) In the interim final rule, burdensome, takes up significant no longer than the state medical record we did not finalize the 5-year proposed physical space and is unnecessarily retention law in which the medical period. Commenters questioned why we costly in terms of the cost of renting or professional or facility is licensed and is proposed a lookback period twice the purchasing space to store 6 or 10 years’ not longer than 7 years from the date of length of the period proposed, and not worth of paper records. The commenter service. finalized, in 2005 and suggested that we noted that the proposed rule was silent Response: We decline to adopt this refrain from extending the look-back as to whether scanned versus paper approach for the reasons discussed period for reported overpayments to 10 records are sufficient for validating previously. In addition, we do not years for the same reasons. claims under the lookback period and believe it is appropriate or desirable to Response: In the March 2005 interim requested clarification that scanned have the time period vary based solely final rule, we stated that we proposed records are acceptable for validating on the medical record retention laws of the 5-year lookback period in an effort claims. the state in which the provider or to accommodate overpayments Response: We agree with the supplier is furnishing services. Section identified by external auditors and law commenter that scanned or electronic 1128J(d) of the Act uniformly applies to enforcement agencies where the records are acceptable for validating claims for purposes of identifying all providers and suppliers in each state external or law enforcement auditor and, as such, all providers and suppliers overpayments within the context of this used a 5-year sampling methodology, should have the same obligations. rule. but the Medicare contractor was limited Comment: A commenter Comment: Several commenters recommended changing the reopening to a 4-year recovery period where there believed that the 10-year lookback rules to eliminate the ability to reopen was no fraud determination. We period was appropriate. Commenters claims at any time for fraud or similar decided to remove the proposal in believed that the proposed rule was fault and instead modify reopening recognition of commenters’ concerns consistent with the 10-year FCA statute rules to be a 4-year lookback period for and directed contractors to rely on the of limitations and would help ensure errors that are not the result of fraud or similar fault provisions to reopen claims wrongfully retained overpayments were similar fault, a 6-year lookback period where law enforcement findings suggest returned to the government. (consistent with one component of the a need to reopen. Since the March 2005 Commenters noted that the 10-year FCA FCA statute of limitations) for rulemaking, the Congress has changed provision has been in place since the knowingly false or fraudulent claims, the law by enacting section 1128J(d) of 1986 amendments, and thus does not and a 10-year lookback period the Act. We believe that this law impose new burdens or duties on (consistent with the outer limit of the requires us to re-examine our reopening providers and suppliers. Commenters FCA statute) for the most extreme cases rules to ensure that those rules are stated that an alternative period would where knowingly false or fraudulent consistent with the law. Previously in lead to unnecessary confusion and claims have been actively concealed this final rule, we have articulated a inconsistencies in light of existing from discovery. rationale for the 6-year period in a way expectations of liability for a 10-year Response: We also decline to adopt that balances giving full effect to the law lookback period. this approach for the reasons discussed the Congress passed with the cost and Response: We appreciate the previously. In addition, we see no burden issues identified by commenters. commenters’ perspective and agree that reason to change the ‘‘fraud or similar Comment: Commenters questioned a 10-year lookback period would be a fault’’ aspect of the reopening rule. First, whether they had a responsibility to go justifiable option for this final rule. this issue is outside the scope of this back beyond the 3 years covered in a However, we have decided to adopt a 6- rulemaking. Second, we do not believe Recovery Audit Contractor (RAC) audit year period for the reasons discussed changing this aspect of the reopening that identifies overpayments. previously. rule is necessary or desirable. We note Response: Yes, as discussed Comment: A few commenters sought that fraud investigations and judicial previously, this final rule clarifies that clarification of the proposed reopening proceedings can require an extended when the provider or supplier receives rule change insofar as whether it affects period of time beyond the date the claim credible information of a potential the existing reopening rules for was filed to resolve, which counsels overpayment, they need to conduct contractors reopening paid claims against imposing a limitation on reasonable diligence to determine beyond 4 years. Commenters stated that reopening determinations procured by whether they have received an they believed the proposed revision to fraud or similar fault. overpayment. RAC audit findings, as the reopening rules was intended to Comment: Several commenters noted well as other Medicare contractor and eliminate an administrative hurdle that that in 2005 we considered extending OIG audit findings, are credible would otherwise prevent the contractor the reopening periods to 5 years in information of at least a potential from adjusting claims following receipt certain circumstances and decided not overpayment. Providers and suppliers of an overpayment disclosed by a to. Specifically, we proposed a 5-year need to review the audit findings and provider. Commenters interpreted the reopening period if a contractor determine whether they have received revision to the reopening rules to not discovered a pattern of billing errors or an overpayment. As part of this review, expand the authority of contractors to identified an overpayment extrapolated providers and suppliers need to reopen paid claims that are not the from a statistical sample. (See the determine whether they have received subject of a voluntary disclosure by a

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provider and requested that we confirm little, if any, additional record retention rule and that made a good faith effort to that interpretation in the final rule. burden as the result of this rule. comply with the provisions of section Response: We agree with the Comment: A commenter 1128J(d) of the Act are not expected to commenters’ interpretation. The recommended that any lookback period have complied with each provision of proposed rule amended § 405.980(b), be phased-in over a series of years to the final rule. However, all providers which applies to reopenings initiated by balance the need for the return of and suppliers reporting and returning the contractor. In the context of this Medicare overpayments with the overpayments on or after the effective final rule, providers or suppliers would amount of time medical groups need to date of this final rule—even be initiating the reopening by reporting prepare for such a change. The overpayments received prior to the and returning the overpayment, which commenter stated that a phase-in period rule’s effective date—must comply with falls under § 405.980(c). As such, we would provide medical groups with a the new regulatory requirements. have included language concerning greater transition period to adjust their For example, self-referral reopenings under this final rule in record retention policies and develop overpayments reported to us in § 405.980(c)(4) for clarity. Reopenings additional efficiencies to ensure that the accordance with the CMS Voluntary under this subsection are limited to identification, quantification, and Self-Referral Disclosure Protocol (SRDP) reopenings requested by the provider or accuracy of Medicare overpayments are prior to the effective date of this final supplier under § 401.305. not compromised. rule will not be governed by the 6-year Comment: A commenter requested Response: Given our finalized lookback specified in this final rule. clarification of the statement in the lookback period, we do not believe a This includes both overpayments preamble indicating that overpayments phase-in period is necessary or reported and returned (via compromise reported in accordance with § 401.305 appropriate. and settlement) as well as those may be reopened for a period of 10 Comment: Several commenters reported and still in the process of being years. The commenter suggested this requested clarification on whether this reviewed through the SRDP. Providers statement could mean that the decision rule is retroactive. More specifically, and suppliers that made a good faith to adjust a paid claim following the commenters questioned how this rule effort to comply with section 1128J(d) of report of an overpayment would be would apply to overpayments received the Act by reporting self-referral subject to revision for 10 years after the prior to—(1) March 23, 2010, the overpayments to the SRDP, which, until adjustment is made. The commenter effective date of section 1128J(d) of the now, has operated with a 4-year requested that we clarify that claims Act; and (2) the effective date of the lookback period, are not expected to reported as overpayments in accordance final rule. Commenters frequently posed return overpayments from the fifth and with § 401.305 may be reopened for a these questions in conjunction with sixth year through other means. period of 10 years after the date the objecting to the proposed 10-year Providers and suppliers reporting claim was paid. lookback period. First, commenters overpayments to the SRDP on or after Response: Consistent with the stated that they believed retroactive the effective date of this final rule are lookback period specified in § 401.305, application of the rule to overpayments subject to the 6-year lookback period any initial determination that is received prior to March 23, 2010 would specified in this final rule. However, at subsequently reported and returned as not be legally supportable because the this time, we are only authorized under an overpayment is subject to reopening Affordable Care Act does not indicate the Paperwork Reduction Act to collect and revision by a contractor whenever that section 1128J(d) of the Act applies financial analysis of overpayments that the overpayment is returned. retroactively. In addition, commenters occurred during a 4-year lookback Comment: A commenter questioned believed that the Secretary was not period. In connection with this final whether the adjustment to a paid claim given retroactive rulemaking authority rule, we are seeking authorization from following a provider’s report and return here. OMB to collect financial information of an overpayment constitutes a Response: Section 1128J(d) of the Act regarding overpayments using the 6-year redetermination for purposes of the is not retroactive; thus, failure to lookback period. Until the revised reopening rules. comply with the specific requirements collection is approved by OMB, Response: An adjustment to any of this section prior to March 23, 2010 providers and suppliers reporting individual paid claim constitutes a is not a violation of this statutory overpayments to CMS in accordance revised initial determination for provision. However, we note that other with the SRDP have no duty to provide purposes of the reopening rules. statutes governed the disposition of financial information from the fifth and Comment: Several commenters noted overpayments prior to the enactment of sixth years, that is, the 2 years outside that the Medicare hospital conditions of the Affordable Care Act. We do not of the currently authorized 4-year participation at 42 CFR 482.24 requires address here compliance with such lookback period. Accordingly, until hospitals to retain medical records for 5 other statutory provisions. Beginning on notification of changes to the SRDP years and requested clarification on how March 23, 2010—the enactment date of lookback period, providers and (if at all) the implementation of the the Affordable Care Act and section suppliers submitting to the SRDP may proposed 10-year lookback period 1128J(d) of the Act—providers and voluntarily provide financial impacts or alters recordkeeping rules. suppliers that had not already returned information from the fifth and sixth Response: First, we note that a particular overpayment were required years or report and return overpayments § 482.24(b)(1) states that hospitals must to report and return the overpayment in from the fifth and sixth years through retain medical records for a period of at accordance with the provisions of other means. least 5 years, which sets a minimum section 1128J(d) of the Act. This There are two time periods of concern record retention period, not a requirement exists even if the provider to commenters—the time prior to the maximum. We also note that, as or supplier received the overpayment enactment of the Affordable Care Act on discussed previously, other commenters prior to March 23, 2010. March 23, 2010 and the time period cited other record retention rules and Similarly, this final rule is not between March 23, 2010 and the practices for 6 to 7-year periods. Since retroactive. Providers and suppliers that effective date of this final rule. For the we are establishing a 6-year lookback reported and/or returned overpayments time prior to March 23, 2010, while period, we believe hospitals will have prior to the effective date of this final providers and suppliers had an existing

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obligation to return overpayments, the contains flexible yet strong standards overpayment. We recognized that some specific obligations contained in section that can be applied to many different of the current reporting forms may differ 1128J(d) of the Act are not retroactive circumstances and providers and among the different Medicare prior to March 23, 2010. Therefore, suppliers. The statute and this rule are contractors and stated we planned to failing to report and return not limited to overpayments caused by develop a uniform reporting form that overpayments within the deadline in fraud or abuse. will enable all overpayments to be section 1128J(d) of the Act would not be reported and returned in a consistent 4. How To Report and Return actionable prior to March 23, 2010. The manner across all Medicare contractors. Overpayments obligations of section 1128J(d) of the Act Until such uniform reporting form is were effective March 23, 2010. Thus, Section 1128J(d) of the Act provides made available, we stated in the providers and suppliers were obligated that if a person has received an preamble that providers and suppliers to comply with section 1128J(d) of the overpayment, the person shall both should utilize the existing form Act as of that date. For the time period report and return the overpayment to available from the Web site of the between March 23, 2010 and the the Secretary, an intermediary, a carrier, applicable Medicare contractor. effective date of this final rule, or a contractor, as appropriate, at the Comment: Many commenters providers and suppliers may rely on correct address; and notify the appreciated CMS’ use of an existing their good-faith and reasonable Secretary, intermediary, carrier, or process, the voluntary refund process, interpretation of section 1128J(d) of the contractor to whom the overpayment as the method for reporting and Act. was returned in writing of the reason for returning overpayments. Generally, Comment: Some commenters the overpayment. commenters agreed that using an suggested that providers with a In § 401.305(e)(1), we proposed to existing process to implement the 60- ‘‘certified’’ or ‘‘approved’’ compliance require the use of the existing voluntary day rule will ease the burden for program should not be subject to the refund process, which will be renamed reporting and returning overpayments. lookback period because commenters the ‘‘self-reported overpayment refund However, many commenters requested stated that any overpayment would be process,’’ set forth by the applicable clarification about how this rule affected caused by a simple mistake and not Medicare contractor to report and return other existing processes that enable fraud or abuse. overpayments except as provided in providers and suppliers to report and Response: We see no justification in § 401.305(e)(2). Section 401.305(e)(2) return claims-based overpayments. section 1128J(d) of the Act for the provided that a person would satisfy the Commenters confirmed that providers commenters’ suggestion. As we stated reporting obligations of this section by and suppliers sometimes use the earlier, section 1128J(d) of the Act making a disclosure under the OIG’s voluntary refund process. Commenters requires the reporting and returning of Self-Disclosure Protocol resulting in a also noted that this process is not the all overpayments received by a provider settlement agreement using the process only way to make overpayment refunds or supplier. described in the OIG Self-Disclosure and is usually only used when a refund Comment: Many commenters Protocol. The existing voluntary refund is made by check and the overpayment expressed concerns that certain process is referenced in Publication was calculated using a sampling requirements in the proposed rule, 100–08, Chapter 4, Section 4.16 of the methodology. particularly the proposed lookback Medicare Program Integrity Manual. Commenters stated that, in most period, would increase the Under the existing voluntary refund overpayment cases, other processes are administrative burden on providers and process, providers and suppliers report used that are effective and efficient both suppliers, which would lead to overpayments using a form that each for the Medicare program and providers increased operating costs and may lead Medicare contractor makes available on and suppliers. Commenters repeatedly to certain providers and suppliers its Web site. noted the claims adjustment and opting out of Medicare. Commenters In § 401.305(d) of the February 16, reversal process for Part A and B claims. expressed concerns about the overall 2012 proposed rule (77 FR 9179), we The claims adjustment process for Part tone of the proposed rule as one that also proposed a specific list of 13 data A claims is electronically accomplished appeared to assume that all elements that were required in the through access to the Fiscal overpayments are caused by fraud and report: (1) Person’s name; (2) person’s Intermediary Standard System (FISS). abuse. Commenters stated that most tax identification number; (3) how the The claim adjustment is then recorded providers and suppliers are honest and error was discovered; (4) the reason for on the Provider Statistical & use their best efforts to submit claims to the overpayment; (5) the health Reimbursement Report (PS&R). Medicare that are appropriate. Some insurance claim number, as appropriate; Commenters uniformly stated that it is commenters characterized the proposed (6) date of service; (7) Medicare claim critical that providers and suppliers be rule as a ‘‘one-size-fits-all’’ approach control number, as appropriate; (8) permitted to continue to use the claims that did not take into account the National Provider Identification (NPI) adjustment process to refund differences between large and small number; (9) description of the corrective overpayments, when appropriate, to providers and suppliers or providers action plan to ensure the error does not ensure that the claims data is adjusted and suppliers that CMS has designated occur again; (10) whether the person has in the FISS. Claims adjustment for Part as lower fraud risks. a corporate integrity agreement with the B claims is currently a paper-based Response: We appreciate all the OIG or is under the OIG Self-Disclosure process, but one in which commenters comments and have amended the final Protocol; (11) the timeframe and the stated providers and suppliers rule to take many of these comments total amount of refund for the period frequently use. In both Part A and B, into account, as discussed elsewhere in during which the problem existed that claims adjustments include an this final rule. We understand the caused the refund; (12) if a statistical adjustment reason code on the claim. concerns expressed and have fashioned sample was used to determine the The claim is reprocessed and the the final rule to balance concerns raised overpayment amount, a description of overpayment is recouped via the by commenters with fulfilling the the statistically valid methodology used remittance advice. requirements and purpose of section to determine the overpayment; and (13) In addition, commenters noted that 1128J(d) of the Act. The final rule a refund in the amount of the hospitals are required to submit the

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Medicare Credit Balance Report (CMS– process as opposed to completing a Program Integrity Manual requires 838; OMB control number 0938–0600) form, cutting a check, and mailing it to contractors to process all voluntary within 30 days of the close of each the contractor for processing. It would refunds. The Program Integrity Manual calendar quarter to disclose any credits reduce the administrative burden and specifically prohibits contractors from due to the Medicare program as a result allow for expeditious return of returning voluntary refund checks. We of patient billing or claims processing overpayments, while furthering the see no basis for a contractor to refuse a errors, for example, being paid by move to electronic processing of refund because a different company was Medicare and another payer for the records. the contractor during the period covered same services, or overpayments Response: We will continue to review by the refund. Finally, we may consider resulting from incorrect calculation of our processes and will consider this a processing deadline for contractors in the beneficiary’s deductible or suggestion in future process the future. coinsurance. Any amounts due to improvements. Any changes to our Regarding obtaining a preliminary Medicare must be repaid or claims administrative processes, including the determination, we believe contractors adjusted at the time the CMS–838 is self-reported refund process, will be may not be able to conclude whether the filed. addressed in the applicable manual. overpayment refund complied with this Commenters suggested that CMS Comment: Commenters questioned rule on the face of the report. The permit the use of the claims adjustment whether, instead of submitting a check provider or supplier is ultimately and credit balance report process for with the overpayment reporting form, a responsible for complying with this returning overpayments because these provider continue to be able to request rule. Contractors are instructed to refer existing processes are well-known to a voluntary offset. suspected fraud to law enforcement. providers, suppliers, and Medicare Response: Yes, providers and Any overpayment refund does not contractors and work effectively and suppliers may request a voluntary offset negate any potential liability the efficiently for all parties at recouping from the contractor. provider or supplier may have for the overpayments. In many commenters’ Comment: Several commenters overpayment issue. experience, Medicare contractors prefer questioned how providers and suppliers Comment: Several commenters raised that providers and suppliers submit should handle delays by the Medicare the situation where a contractor notifies adjusted bills so that each beneficiary’s contractor in processing the refund, a provider or supplier of an account properly reflects how and why whether submitted through the overpayment due to the contractor’s the payment was adjusted or how the electronic claims adjustment system, error. Commenters stated that in this contractors recouped a full or partial filing of the CMS–838, or by submitting situation, where the contractor overpayment. a check or requesting an offset through identifies and takes responsibility for Response: We agree with commenters the self-reported refund process. collecting the overpayment by adjusting and amended the final rule accordingly Commenters reported that there is great claims, the provider or supplier should in § 401.305(d)(1) by allowing for variability in how the contractors not also be required to conduct an additional processes beyond the handle voluntary refunds. Some inquiry and report and return the voluntary refund process. Providers and commenters reported that contractors at overpayment on its own. Commenters suppliers may use the claims times have returned a refund check noted that it may take the contractor adjustment, credit balance, self-reported submitted by a provider or supplier or more than 60 days to adjust the claims refund process, or another appropriate refused to accept it. Other commenters related to its error. process to report and return noted that some contractors claimed to Response: We agree that where the overpayments. This position preserves be unable to process a refund if the contractor identifies a payment error by our existing processes and preserves our claims were for a time period before that the contractor and notifies the provider ability to modify these processes or particular company was engaged as the or supplier that the contractor will create new processes in the future. contractor. Commenters requested that adjust the claims to correct the error, the Comment: Commenters requested the rule should be modified to expressly provider or supplier does not need to clarification on how the timing of the state that a provider or supplier satisfies report and return the overpayment credit balance reporting process its repayment obligation under the separately. interacts with the timing of the report statute and the rule by making good Comment: Many commenters objected and return obligation in the proposed faith efforts to submit a valid form of to the proposed list of data elements in rule. Under the credit balance reporting payment to the contractor or § 401.305(d) for several reasons, process, the credit balance report is due government entity that the provider or including that the data elements exceed 30 days after the end of each quarter, supplier reasonably believes to be the the statutory requirements, are not which would mean that overpayments appropriate recipient of a particular necessary for Medicare to reconcile the received during the first 2 months of repayment. Other commenters suggested payments, and create unnecessary each quarter may be reported after the that the contractor inform the provider burden. Commenters believed that the 60-day time period under the proposed or supplier when it has preliminarily proposed list exceeded the requirements rule has passed. Commenters requested determined that the overpayment report of section 1128J(d)(1)(B) of the Act, guidance on how to comply with the complied with the rule. Commenters which states that the person must notify proposed rule and follow the credit also suggested a processing deadline for the Secretary in writing of the reason for balance reporting process. the contractors. the overpayment. Commenters Response: We have revised the Response: We agree with commenters specifically objected to the following requirement to include the credit that the obligations of this final rule are items in the list of data elements in balance reporting process as a way to satisfied when the provider or supplier § 401.305(d) as overly burdensome: (3) report and return overpayments under follows the appropriate process for the How the error was discovered; (9) this final rule. overpayment issue in good faith to description of the corrective action plan Comment: Some commenters report and return the overpayment, to ensure the error does not occur again; requested that CMS permit including calculating the amount of the and (12) if a statistical sample was used electronically correcting or adjusting overpayment. Publication 100–08, to determine the overpayment amount, claims for the self-reported refund Chapter 4, Section 4.16 of the Medicare a description of the statistically valid

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methodology used to determine the statistical sampling methodology results suppliers should make a good faith overpayment. The discovery and in little, if any, additional burden. effort to provide the information on corrective action plan elements were Comment: Many commenters stated their contractor’s refund form, which objected to because commenters stated that the differences between the would include providing details of the that these elements appeared to assume regulatory requirement in proposed statistical sampling methodology and that the overpayment were the fault of § 401.305(d) and various contractors’ indicating that certain data elements, the provider or supplier. Overpayments existing voluntary refund forms created such as health insurance claim and may be caused by various reasons for confusion. Specifically, commenters Medicare claim control numbers, are not which a corrective action plan is not requested clarity on how the provider or available for all the claims in an necessary, such as an error or a routine supplier could comply with the extrapolation. Providers and suppliers adjustment, according to commenters. regulation by using a contractor form should continue to report extrapolated In addition, commenters noted that that did not contain all of the elements overpayments through currently requiring claim-specific data, such as required by the regulation. Commenters available methods. Given these changes, the date of service, health insurance noted that we stated in the preamble we do not believe it is necessary to claim number, and the Medicare claim that we intended to create a create a standardized refund form for control number for all of the claims standardized reporting form in the the self-reported refund process prior to associated with the overpayment would future and, until we issued a finalizing this rule. We will work with be impossible when a sampling and standardized reporting form, providers the contractors to adjust their current extrapolation methodology are used. and suppliers should utilize the existing forms and instructions to address the Finally, commenters stated that form available from the Web site of the requirements of § 401.305(d) and will compliance with the proposed reporting applicable Medicare contractor. consider creating a standardized form in requirements would result in additional Commenters requested guidance on the future. time and expense in reporting. whether they would need to supplement Comment: Several commenters stated Response: We appreciate the the contractor’s form to include any that we should add a section on the comments and have adjusted the final missing regulatory elements to be in refund form to allow a provider or rule in several ways. As discussed compliance with the regulation. Many supplier to indicate that it is reporting previously, this final rule permits using commenters expressed this concern in an overpayment as ‘‘contested’’ or ‘‘with the most applicable process set forth by connection with using sampling to reservations’’ to meet the 60-day calculate the overpayment. These deadline while allowing further the Medicare contractor to report and commenters noted that, when a provider investigation. This would provide the return overpayments. As a result, we or supplier identifies a systemic error, it opportunity for providers and suppliers eliminated the specific list of data is frequently most efficient and effective to document they do not agree that the elements from the rule as proposed in to determine the overpayment amount reported amount is an overpayment, and § 401.305(d) to accommodate these utilizing extrapolation. In such cases, yet, are reporting and returning the existing processes. While we believe commenters noted that it would be payment to ensure that they are in that the facts about how the impossible to identify specific data compliance with the rule. overpayment was discovered and items, such as specific dates of service Response: We decline to accept the corrective action plans are relevant and Medicare claim control numbers, commenters’ suggestion. Providers and information relating to the reason for the for claims included in an extrapolation suppliers are reporting and returning overpayment, and thus within the estimate other than for the specific overpayments that they have identified. purview of the statute, we also claims in the sample. Thus, many Thus, we see no purpose in designating recognize that the additional burden of commenters requested that we create an a refund as contested or with providing this information may not be exception in the regulation to identify reservations. necessary in all overpayment situations. the data elements that were required Comment: Some commenters In addition, we note that providers and only as appropriate, such as health requested that we direct contractors to suppliers submitting self-disclosures to insurance claim and Medicare claim accept one single refund form with an the OIG Self-Disclosure Protocol (SDP) control numbers, and specific dates of attachment that contains the required and the CMS Voluntary Self-Referral service. In addition, many commenters elements on a spreadsheet. Commenters Disclosure Protocol (SRDP) must use the requested that we create the stated that the current refund process reporting process described in the standardized refund form before or at requires providers and suppliers to respective protocol. the same time as issuing the final rule complete a single refund form for each However, we continue to believe that, to avoid confusion and potential account identified as an overpayment, where the overpayment amount is inconsistency among the contractors in resulting in an extensive resource extrapolated based on a statistical the way that overpayments are handled. burden with no value. sampling methodology, it is necessary Response: We recognize commenters’ Response: We agree with the for the overpayment report to explain concerns and believe the revisions commenter that the practice they how the overpayment amount was presented in this final rule address these describe (submitting one form and calculated. The statute requires the concerns. We removed the proposed attaching a spreadsheet containing the return of an amount of money for the data element list from the regulation to appropriate data) is acceptable for overpayment; therefore, it is a eliminate confusion between complying with this final rule. reasonable interpretation of the statute compliance with the regulation and Comment: Some commenters to require an explanation of how the compliance with the applicable refund recommended that we create a process overpayment amount was calculated by process, with the exception of the for providers and suppliers to report the provider or supplier by statistical sampling methodology potential overpayments without a extrapolation. As commenters noted, explanation. We understand that requirement to return the overpayment statistical sampling is already used by providers and suppliers currently report pending further review by the contractor providers and suppliers in the voluntary extrapolated overpayments through the or the government. Commenters refund process. Therefore, we believe current voluntary reporting process. In acknowledged that the requirement that that requiring an explanation of the these circumstances, providers and providers and suppliers report and

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refund an overpayment is consistent sound and accepted principles. These overpayments from the rule. with the statutory language. However, principles include randomly selecting Commenters expressed concern that in commenters recommended that CMS claims from the population and many situations the cost and resources consider situations where it is not easy extrapolating only within the time associated with reporting and refunding to determine whether the identified period covered by the population from the overpayment would exceed the issue is an overpayment. The which the sample was drawn. amount of the overpayment. commenters recommended that we Comment: Many commenters Commenters stated that the create a process permitting the questioned whether the existing self- administrative burden to process an submission of a written report to the reported refund process would need to overpayment could have a significant Medicare contractor, which would be used to report and return negative financial impact on the satisfy the rule’s reporting obligation. overpayments associated with cost provider’s ability to offer future The Medicare contractor would then reports. Commenters noted that the services. In support of their position, review the report to determine whether proposed rule does not specifically commenters noted that a materiality an overpayment existed, at which time identify a separate process for cost standard is included in other areas of the returning obligation requirement report-related overpayments. If we Medicare payment policy and related would be triggered. intended to propose using the self- fraud and abuse enforcement policies. Response: We decline to adopt the reported refund process for cost report For example, the Medicare Financial commenters’ suggestion. As the overpayments, commenters suggested Management Manual (MFMM) instructs commenters acknowledge, section that we reconsider. Commenters stated Medicare contractors not to attempt 1128J(d) of the Act requires providers that the voluntary refund process is not recovery of overpayments under $10. and suppliers to report and return designed for providers, such as federally (See MFMM Ch. 3, section 170.2 (Rev. overpayments they have received. It qualified health centers, returning 29, January 2, 2004). Similarly, under does not cover overpayments overpayments identified through the the physician self-referral law determined and demanded by a cost reimbursement process, where the regulations, certain incidental medical Medicare contractor or government overpayment amount is based on the staff benefits with limited value (less agency. reimbursement of allowable costs, than $31 for 2012) are exempted. (See Comment: A commenter particularly where an overpayment 42 CFR 411.357(m)). Moreover, recommended that we remove the resulted from the inclusion of costs in commenters stated that CMS currently reference to statistical samples because error or that are otherwise non- follows a materiality threshold of $300 it may be interpreted to suggest a reimbursable (in which case no specific for Medicare Secondary Payer liability statistically valid sample is always claims for payment can be identified for recoveries. Under the CMPL, OIG stated required. The commenter stated that repayment). Requiring the use of the that they may enforce the prohibition there are many situations where the size self-reported refund process for these against improper remuneration to of the potential overpayment is small overpayments would be ineffective and patients when the remuneration exceeds and does not warrant the expense of inefficient according to commenters. $10 for each item or $50 in the creating a statistical sample to calculate Commenters recommended we clarify aggregate. (See the August 30, 2002 HHS a refund amount. In these situations, the that overpayments associated with cost OIG Special Advisory Bulletin on commenter believes providers and reports be reported and returned Offering Gifts and Other Inducements to suppliers should do the best job they through the existing cost reporting Beneficiaries (67 FR 55855). Finally, in can to estimate the overpayment and process. its Corporate Integrity Agreements give all benefit of the doubt to the Response: We agree with commenters (‘‘CIAs’’), OIG recognizes a materiality government. The commenter believes and note that § 401.305(d)(1) allows for requiring statistical validity for all overpayments associated with cost threshold by permitting the offset of estimated refunds will create the largest reports to be reported through the underpayments to overpayments for burden on small providers and existing cost report reconciliation purposes of calculating a net financial suppliers. The commenter suggested process, and does not require the use of error rate, which then is used to that the final regulation instead require the self-reported refund process for determinate whether a sample review the explanation of the methodology overpayments based on cost reports. If must be expanded to a larger review. As used in any sample to protect the an overpayment is identified through such, commenters requested a government’s interest. the initial submission of a cost report, regulatory de minimis standard for this Response: We decline to adopt the the cost report should state that the rule. Suggested minimum monetary commenter’s suggestion. We structured overpayment resulted from thresholds ranged from $5 to $5,000. the final rule to have certain flexibilities reimbursements made at an estimated Alternatively, commenters requested for providers and suppliers to account rate exceeding actual reimbursable costs CMS acknowledge that providers and for the various circumstances that may and the overpayment is submitted along suppliers can and should perform involve an overpayment. However, with the transmittal of the cost report to responsible cost and benefit analyses providers and suppliers need to the contractor. Where an overpayment is before committing resources to calculate an overpayment amount that is identified in connection with cost-based investigate low-dollar overpayments. reliable and accurate, which in some reimbursement paid to a provider Some commenters requested a cases can be accomplished using during a previous cost reporting cycle, minimum threshold for the voluntary statistically valid sampling the overpayment should be reported by refund program that permitted methodologies. This final rule expressly amending or reopening the cost report aggregating small-dollar overpayments anticipates that providers and suppliers and the overpayment should be identified over a period of time into one may, but are not required to, use returned by submitting payment along submission. statistical sampling and extrapolation with the amended or reopened cost Response: We decline to adopt a for calculating the overpayment amount. report. minimum monetary threshold in this We note that reasonable diligence Comment: A number of commenters final rule. We believe adopting a requires that any statistical sampling be requested creation of a materiality or de regulatory de minimis standard would conducted in a manner that conforms to minimis exception for small-dollar be susceptible to abuse, especially in the

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context of claims-based overpayments. the final rule that providers and reporting obligation. In the proposed We also note that some of the examples suppliers may use the most applicable rule, the SDP submission satisfied the provided by commenters require process established by the contractor to reporting obligation but the SRDP did clarification. For example, the report and return, including the claims not, which required the provider to file referenced Medicare Secondary Payer adjustment process. We note that even reports with both the overpayment threshold relates to the size of certain under the NY OMIG process offered as refund process and the SRDP. liability insurance settlements, not the an example, overpayments of any size Commenters questioned the utility of amount of the debt. In addition, the need to be reported and returned. this duplicative reporting and requested physician self-referral law’s exception Comment: Many commenters agreed that CMS eliminate it in the final rule. for medical staff incidental benefits of with the treatment of the CMS Response: We agree with commenters low value is not only unrelated to Voluntary Self-Referral Disclosure and have revised § 401.305(d)(2) to overpayments made to providers, but is Protocol (SRDP) and the OIG Self- permit the SRDP report to satisfy the also subject to additional program Disclosure Protocol (SDP) as tolling the reporting obligation in addition to the safeguards in order for the exemption to deadline for returning the overpayment. SDP. be available. With the exception of the Commenters requested that CMS clarify Comment: A commenter requested physician self-referral law, we note that that self-disclosure by providers and confirmation that a provider or supplier the remaining examples are detailed in suppliers to other government entities, may provide a single notification to the subregulatory guidance, program such as DOJ and MFCU, would similarly Department or its contractors to satisfy instructions, or a negotiated contract suspend the 60-day deadline. the report and return requirement and with OIG that is applicable only to a Response: We finalized the treatment does not also need to use the SDP or specific party. We also disagree with of the SRDP and SDP as tolling the SRDP. commenter’s request to acknowledge obligation to return the overpayment as Response: Providers and suppliers cost and benefit analyses before proposed. With regard to the SRDP, the need to decide who is the most committing resources to investigating a requirement to return the overpayment appropriate recipient of the potential overpayment. Providers and within 60 days of identification is tolled overpayment report and refund as suppliers need to take reasonable steps for the full duration of the time that the provided in § 401.305(d)—the to determine whether they have provider or supplier is negotiating a applicable Medicare contractor, the received overpayments and are required potential settlement with CMS in SDP, or the SRDP. Providers and to return any funds received or retained accordance with the requirements of the suppliers should review the SDP and under title XVIII of the Act to which SRDP. While engaged in the SRDP, a SRDP to determine whether either of they, after applicable reconciliation, are provider or supplier is subject to all the those avenues is available. The not entitled under such title. requirements of the SRDP, and any commenter also appears to believe that Given the differences in cost report- subsequent changes or updates to the overpayments can be reported and related payments and the resources SRDP instructions issued by CMS, returned to the Department, which is needed on both the provider and the independent of any similar incorrect. Sending an overpayment contractor’s part in the cost report requirements imposed by this rule. At report and refund to anyone other than process, we are considering establishing such time that a provider or supplier is the appropriate Medicare contractor a minimum monetary threshold for cost no longer actively negotiating a according to the applicable report-related overpayments. This settlement or is not considered to be administrative process (or otherwise threshold would be published in engaged in the SRDP process, the tolling following § 401.305(d)) does not program guidance or future rulemaking. will no longer be in effect and the conform to any applicable process as Comment: Some commenters provider or supplier is expected to discussed in this final rule. requested that we exempt small-dollar comply with the 60-day returning Comment: Some commenters overpayments from the voluntary refund requirements of this rule. This treatment requested guidance on when a process. Under the proposed rule, any applies to all providers and suppliers contractor would refer an overpayment overpayment would have to be reported already engaged in the SRDP at the time report to OIG. and returned through the voluntary this final rule is effective as well as Response: Medicare contractors have refund process, which requires those who submit a reported long been instructed to refer potential submitting a significant amount of overpayment to the SRDP after the fraudulent conduct to law enforcement. information. Therefore, commenters effective date of this rule. Comment: Many commenters recommended establishing a minimum We decline to extend this treatment to questioned using CMS or OIG’s threshold overpayment amount under self-disclosure to entities outside of the acknowledgement of receipt of the which providers can use existing claims SRDP and SDP in this final rule. The disclosure as the action that suspends adjustment processes to return the SRDP and SDP are both formal the returning deadline. Commenters overpayment. Commenters offered the processes managed by agencies within expressed concern that they do not New York State Office of the Medicaid the Department, CMS and OIG always receive this acknowledgement in Inspector General (NY OMIG) as an respectively. As such, we believe it is a timely way. Commenters requested example of a reporting process that has appropriate to include those processes CMS use the date the submission was established a $5,000 threshold. in this rule. However, DOJ is a separate sent to CMS or OIG as the suspension According to the comments, if the department and we are not aware of any date and require the provider or amount of the overpayment falls below formal self-disclosure process by DOJ supplier to retain the appropriate this threshold, providers are permitted that is analogous to the SRDP or SDP. documentation. to return the overpayment through Also, we are not aware of a similar Response: We decline to adopt this existing claims adjustment processes. MFCU process and, more importantly, suggestion. While we understand the Response: We decline to establish a Medicaid is not covered in this concern about receiving a timely regulatory minimum threshold amount rulemaking. acknowledgement response, we believe for the voluntary refund process. Comment: Many commenters that this concern does not outweigh the However, we believe that we addressed questioned treating the SRDP and SDP benefit of using the government’s commenters’ concerns by clarifying in differently for purposes of satisfying the acknowledgement to avoid any potential

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question as to whether the government be in compliance with the proposed of ‘‘hardship’’ and the documentation actually received the submission. Self- rule. requirements be changed so that disclosures to the SRDP must be Response: We decline to adopt the providers and suppliers could more submitted by email to 1877SRDP@ commenter’s suggestion. The timeframe easily utilize ERS. These commenters cms.hhs.gov. Parties that send their is established by the statute does not stated that the hardship standard was submission to [email protected] create different obligations based on too difficult to meet. Commenters also receive a response email acknowledging provider type or size. We recognize that requested more guidance on the receipt of the submission. This response there is great diversity in the health care documentation requirements for using email serves as CMS’ acknowledgement industry in provider type and size. All the ERS. Commenters suggested of receipt. We understand that parties members of that industry who changing the definition of ‘‘hardship’’ to that send their submission through participate in the Medicare program are focus on the provider’s financial OIG’s SDP online submission portal, obligated to ensure they bill Medicare stability and not simply the amount of http://oig.hhs.gov/compliance/self- properly and to return overpayments their Medicare payments and disclosure-info/index.asp, also receive a they have received. overpayments in comparison to their response email. We also understand that Comment: Several commenters total Medicare billing. Some SDP hard-copy submitters receive an objected to the 60-day deadline for commenters suggested that the process acknowledgement letter from OIG reporting and returning an be streamlined so that small providers confirming receipt. Either of these overpayment. Some commenters and suppliers may more easily take communications from OIG serves as the expressed concern that certain providers advantage of ERS. Finally, commenters acknowledgement of receipt for and suppliers might not have the recommended that the ERS include a purposes of this final rule. resources to complete an investigation provision allowing for a waiver of an Comment: A commenter questioned within 60 days and that CMS should obligation to repay an overpayment ‘‘if what would happen if the provider or establish a process for requesting an circumstances exist to merit such supplier and OIG are unable to reach a extension to the 60-day deadline. A waiver.’’ settlement in the SDP. The proposed commenter suggested that CMS adopt a Response: We appreciate the rule provided that the deadline for process that allows the provider to comments. In the February 16, 2012 returning overpayments will be report, but not to return, the proposed rule (77 FR 9183), we stated suspended when the OIG acknowledges overpayment within 60 days. Similarly, that providers or suppliers who needed receipt of a submission to the OIG Self- another commenter requested that the additional time to return the Disclosure Protocol until such time as a final rule clarify whether the obligation overpayment due to financial settlement agreement is entered, the to report an overpayment is distinct limitations should use the existing ERS person withdraws from the OIG Self- from the obligation to return an process as outlined in Publication 100– Disclosure Protocol, or the person is overpayment. 06, Chapter 4 of the Financial removed from the Self-Disclosure Response: The 60-day deadline to Management Manual. We also proposed Protocol. The commenter requested report and return is contained in section modifying the definition of ‘‘hardship’’ CMS clarify that, if a settlement could 1128J(d) of the Act. We believe we in § 401.607 to ensure that providers not be reached through the SDP, then addressed the concerns that underlie and suppliers could seek to use ERS by the provider would have a reasonable these comments by clarifying the amending the definition to include amount of time to make a report to the provider or supplier’s ability to conduct overpayments reported in accordance relevant Medicare contractor to meet its reasonable diligence and that this with § 401.301 through § 401.305. We obligations under this rule. reasonable diligence time period of 6 noted in the proposed rule (77 FR 9183) Response: This final rule contains the months is in addition to the 60-day that requests for ERS are not same language as the proposed rule report and return time period, as automatically granted and that concerning the returning obligation. In discussed previously. We considered providers and suppliers seeking to use the event that a SDP settlement is not but declined to establish a new process ERS must submit significant reached, the provider or supplier has for reporting, but not returning, documentation to verify true financial the balance of the 60-day time period overpayments. We believe we have hardship. We have added remaining from identification to the addressed those comments by both the § 401.305(b)(2)(iii) in this final rule to suspension of that 60-day period when reasonable diligence clarifications and allow for the suspending of the deadline OIG acknowledged receiving the SDP the expansion to using other processes for returning overpayments when a submission to report and return any to report and return besides the self- person requests an ERS as defined in overpayment to the contractor. If the reported refund process. § 401.603. Explanation of the ERS and overpayment has been identified, we Comment: Some commenters its documentation requirements are believe that the balance of the 60-day recommended that that 60-day contained in Publication 100–06, period is a reasonable amount of time to timeframe for reporting and returning Chapter 4 of the Financial Management report and return the overpayment to overpayments be reduced to 30 days. Manual. the contractor if the SDP does not result These commenters did not believe Comment: A commenter stated that in a settlement. We revised this final providers and suppliers should have providers and suppliers do not have rule to clarify that the same rule would such a long grace period to keep access to the same data formats and apply to a failure to reach a SRDP taxpayer money to which they are not elements as the contractor. This settlement. entitled. commenter recommended that CMS Comment: A commenter requested Response: We understand the create a portal with a unique provider additional exceptions from the rule or commenters’ concerns, but the 60-day identifier that would allow unlimited lengthier timeframes for reporting and deadline to report and return is access to the National Data Repository. returning overpayments based upon the contained in section 1128J(d) of the Act. Response: We appreciate the size of the provider. The commenter Comment: Several commenters comment. Questions about data format stated that small providers and questioned the proposed rule’s use of and elements should be directed to the suppliers may lack the infrastructure to the Extended Repayment Schedule provider or supplier’s applicable audit claims at the frequency required to (ERS) and requested that the definition contractor. We will consider ways to

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further educate providers and suppliers include an applicable claims B. ICR Estimates in the Proposed Rule on these issues in the future. adjustment, credit balance, self-reported Proposed § 401.305 stated that a Comment: Some commenters refund, or other reporting process set provider or supplier must (1) report and expressed concern about increasing forth by the applicable Medicare return an overpayment to the Secretary, billing errors, and consequent Contractor. We specified that if the the state, an intermediary, a carrier or a overpayments, when ICD–10 is person calculates the overpayment contractor to the correct address by the implemented. These commenters amount using a statistical sampling later of 60 days after the overpayment recommended a grace period to methodology, the person must describe was identified or the date the accommodate these changes. the statistically valid sampling and corresponding cost report is due, and (2) Response: We understand the extrapolation methodology in the report. notify the Secretary, the state, an commenters’ concerns, but decline to ++ In paragraph (d)(2) (which was intermediary, a carrier, or a contractor adopt a grace period as suggested. It is proposed paragraph (e)(2)), we added in writing of the reason for the unclear from the comments whether disclosure to the CMS Voluntary Self- overpayment. The burden associated they are advocating for a grace period Referral Disclosure Protocol (SRDP) as a with this requirement was the time and from the requirement to report and method of satisfying the reporting effort necessary to report and return the return overpayments relating to ICD–10 obligations for self-identified overpayment in the manner described at miscoding or an extension of the 60-day overpayments. § 401.305. timing requirement. Regardless, we see ++ In paragraph (f) (which was For purposes of § 401.305 only, we no basis in section 1128J(d) of the Act proposed paragraph(g)), we revised the estimated that approximately 125,000 to permit either suggestion. lookback period from 10 years to 6 years providers and suppliers (or roughly 8.5 III. Provisions of the Final Regulations to specify that overpayments must be percent of the total number of Medicare reported and returned only if a person providers and suppliers) would report For the most part, this final rule identifies the overpayment within 6 and return overpayments in a typical incorporates the provisions of the years of the date the overpayment was year under our provisions. We estimated proposed rule, with the following received. We carefully considered all of this based on the improper payment rate exceptions: for the Medicare Fee-for-Service • In § 401.305 we modified our the comments on the lookback period and concluded that a 6-year time period program, which was approximately 12 proposals as follows: percent in FY 2014 and FY 2015,4 and ++ In paragraph(a)(1), we revised the is the most appropriate time period. • we expect that some number of requirements for reporting and returning In § 405.980, we— improper payments will be identified by of overpayments to more clearly ++ Removed proposed paragraph sources other than providers and distinguish between the concepts of (b)(6). This paragraph would only apply suppliers themselves. We projected that receiving and identifying an to reopenings initiated by the each of these providers and suppliers overpayment. A person that has contractor. would, on average, separately report and received an overpayment must report ++ Added paragraph (c)(4) to clarify return approximately 3 to 5 and return in the form and manner that a reopening may be requested overpayments. In addition, we required. under § 405.980(c). ++ In paragraph (a)(2), we revised the estimated that it would take a provider IV. Collection of Information requirements for reporting and returning or supplier approximately 2.5 hours to Requirements of overpayments slightly to remove the complete the applicable reporting form terms ‘‘actual knowledge’’, ‘‘reckless A. Background and return an overpayment. We are developing an information disregard’’, and ‘‘deliberate ignorance’’ Under the Paperwork Reduction Act collection request for OMB review and and to state that a person has identified of 1995, we are required to provide 30- approval that will authorize the an overpayment when the person has or day notice in the Federal Register and collection of the applicable reporting should have through the exercise of solicit public comment before a form. The public will have an reasonable diligence determined that collection of information requirement is opportunity to review the information the person has received an overpayment submitted to OMB for review and collection and submit comments. We and quantified the amount of the approval. In order to fairly evaluate plan to announce the information overpayment. A person should have whether an information collection collection request under the required determined that the person received an should be approved by OMB, section 60-day and 30-day Federal Register overpayment if the person fails to 3506(c)(2)(A) of the Paperwork notice and comment periods. These exercise reasonable diligence and the Reduction Act of 1995 requires that we notices will incorporate the process person in fact received an overpayment. solicit comment on the following issues: described below and the burden ++ Added a new paragraph (b)(2)(iii) • to specify that the deadline for returning The need for the information calculated in Table 1, among other overpayments will be suspended when collection and its usefulness in carrying processes. We determined that the two main a person requests an extended out the proper functions of our agency. • categories of individuals who would repayment schedule as defined in The accuracy of our estimate of the most likely complete and submit the § 401.603. information collection burden. ++ Removed proposed paragraph (d), • The quality, utility, and clarity of applicable reporting form included: (1) which specified 13 specific data the information to be collected. Accountants and auditors (external and elements that were to be included in the • Recommendations to minimize the in-house); and (2) miscellaneous in- report that providers and suppliers use information collection burden on the house administrative personnel. Each to report and return overpayments. We affected public, including automated provider’s and supplier’s individual subsequently renumbered paragraphs (e) collection techniques. operations are different and, as a result, through (g) as (d) through (f). The following is a discussion of the 4 provisions, as stated in section II. of this https://www.cms.gov/Research-Statistics-Data- ++ In paragraph (d)(1) (which was and-Systems/Monitoring-Programs/Medicare-FFS- proposed paragraph (e)(1)), we revised final rule, that contain information Compliance-Programs/CERT/index.html?redirect=/ the allowable reporting process to collection requirements. cert.

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it was not possible to break down the involved in the reporting and returning to address these concerns. Our percentage of total affected providers or of overpayments, accountants/auditors assumptions also include our belief that suppliers that would fall within the 2 and in-house administrative personnel. the majority of these 6 hours will be previously stated categories (for Commenters suggested that additional spent researching and identifying the example, percentage of providers that and more costly individuals, such as overpayment, and that the time burden would use an accountant). legal counsel and compliance for reporting and returning the Consequently, in order to determine the consultants, would be necessary to overpayment after it is identified is burden cost, we utilized the average comply with this rule. minimal. hourly wage of these 2 occupational Response: We disagree. We believe D. Final Estimated ICR Burden categories based on the most recent only the rarest of circumstances (such as wage data provided by the Bureau of potential fraud or certain investigations There are two major changes from our Labor Statistics (BLS) data for May of potential violations of the physician projected burden in the proposed rule. 2010. The mean hourly wage for the self-referral law) would necessitate more First, as noted previously, we are category of ‘‘accountants and auditors’’ costly personnel, such as legal counsel, increasing the ‘‘per report’’ hour burden was $33.15 (see http://www.bls.gov/oes/ to comply with this final rule. In the from 2.5 hours to 6 hours. Second, we current/oes132011.htm) and the mean overwhelming majority of cases, we must use more recent BLS data in hourly wage for the category of expect overpayment identification and calculating the hourly wage. ‘‘bookkeeping, accounting, and auditing return to be sufficiently handled by According to BLS information for May clerks’’ was $16.99 (http://www.bls.gov/ accountants, auditors, and in-house 2014, the national estimated mean oes/current/oes433031.htm). The administrative personnel. hourly wage for the category of average of these 2 figures, including Comment: Several commenters stated ’’accountants and auditors’’ was $35.42 fringe benefits and overhead, was that CMS—(1) underestimated the (see http://www.bls.gov/oes/current/ $37.10. This lead to an aggregate annual administrative burden imposed by this oes132011.htm) and the national ICR cost burden—attributable to the rule; and (2) failed to adequately estimated mean hourly wage for the impacted 125,000 providers and support the assumptions underlying the category of ’’bookkeeping, accounting, suppliers, and using the range of 3 to 5 regulatory impact analysis. and auditing clerks’’ was $18.30 (http:// overpayments, of $34.78 million and www.bls.gov/oes/current/ $57.97 million, respectively. Response: We understand the commenters’ concerns regarding the oes433031.htm). The average of these 2 C. Comments Received underestimation of the administrative figures, is $26.86. This does not include We received a number of comments burden and the failure to adequately fringe benefits and overhead which are regarding our proposed ICR estimates: support assumptions underlying the generally calculated as being 100% of Comment: Several commenters regulatory impact analysis. Therefore, salary. This means the cost of an hour suggested that the burden analysis we have increased the projected ‘‘per of work is $53.72. offered by CMS in the proposed rule report’’ burden—which includes The following table shows the was inadequate because it only researching, reporting, and returning the projected annual ICR hour and cost considered two types of individuals overpayment—from 2.5 hours to 6 hours burdens associated with § 401.305:

TABLE 1—ESTIMATED ICR BURDEN OF § 401.305

Number of reported Hourly labor Total labor and returned Burden per Total annual cost of cost of overpayments per OMB Control No. Respondents Responses response burden reporting reporting affected provider (hours) (hours) ($) ($)

3 ...... 0938—New ...... 125,000 375,000 6 2,250,000 $53.72 $120,870,000 4 ...... 0938—New ...... 125,000 500,000 6 3,000,000 53.72 161,160,000 5 ...... 0938—New ...... 125,000 625,000 6 3,750,000 53.72 201,450,000

Therefore, we project an annual ICR V. Regulatory Impact Statement benefits of available regulatory cost burden of between $120.87 million alternatives and, if regulation is A. Background and $201.45 million. The former necessary, to select regulatory represents our low-end estimate, while We have examined the impact of this approaches that maximize net benefits the latter is our high-end estimate. The rule as required by Executive Order (including potential economic, $161.16 million estimate represents our 12866 on Regulatory Planning and environmental, public health and safety primary, or mid-range, projection. While Review (September 30, 1993), Executive effects; distributive impacts and equity). we have used a range of values to Order 13563 on Improving Regulation Executive Order 13563 emphasizes the illustrate the possible burden estimates and Regulatory Review (January 18, importance of quantifying both costs 2011), the Regulatory Flexibility Act that providers may incur, we cannot and benefits, of reducing costs, of (RFA) (September 19, 1980, Pub. L. 96– submit a range of values for OMB harmonizing rules, and of promoting 354), section 1102(b) of the Social flexibility. A regulatory impact analysis approval. For purposes of OMB review Security Act, section 202 of the (RIA) must be prepared for major rules and approval, we will use the mid-range Unfunded Mandates Reform Act of 1995 with economically significant effects estimate related to 4 reported and (March 22, 1995; Pub. L. 104–4), ($100 million or more in any one year). returned overpayments. Executive Order 13132 on Federalism As discussed earlier in the preamble, (August 4, 1999), and the Congressional even without a final rule, all Review Act (5 U.S.C. 804(2)). stakeholders are subject to the statutory Executive Orders 12866 and 13563 requirements found in section 1128J(d) direct agencies to assess all costs and of the Act and could face potential FCA

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liability, CMPL liability, and exclusion In addition, section 1102(b) of the Act medical practices to implement self- from federal health care programs for requires us to prepare a regulatory audits and internal compliance plans, failure to report and return an impact analysis if a rule may have a and that CMS did not address this overpayment. This final rule imposes a significant impact on the operations of burden in the RIA. new deadline on the return of any a substantial number of small rural Response: We disagree that this rule overpayment that has been identified. hospitals. This analysis must conform to creates a requirement for any formal We believe that this change will spur the provisions of section 604 of the compliance plan or audit strategy; providers and suppliers to be more RFA. For purposes of section 1102(b) of rather, it requires that providers and diligent in reporting and returning the Act, we define a small rural hospital suppliers maintain responsible business overpayments. That will likely increase as a hospital located outside of the practices and conduct a reasonably the overpayments that we collect, but Metropolitan Statistical Area for diligent inquiry when information we do not have a basis for estimating the Medicare payment regulations and that indicates that an overpayment may magnitude of that change, and note the has fewer than 100 beds. We are not exist. substantial uncertainty surrounding the preparing an analysis for section 1102(b) B. Accounting Statement and Table magnitude of new collections. The of the Act because we have determined annual burden costs for reporting and and the Secretary certifies that this final As required by OMB Circular A–4 returning of overpayments, as discussed rule will not have a significant impact (available at link http:// in section IV. of this final rule, are on the operations of a substantial www.whitehouse.gov/sites/default/files/ estimated between $120.87 million and number of small rural hospitals. omb/assets/regulatory_matters_pdf/a- $201.45 million. Since there may be Section 202 of the Unfunded 4.pdf), we have prepared an accounting years where the burden costs exceed Mandates Reform Act of 1995 requires statement. The entries in Table 2 reflect $100 million, we believe this rule is a that agencies assess anticipated costs the application of a 7 percent and 3 major rule and economically significant. and benefits before issuing any rule percent annualized rate to the high-end, The RFA requires agencies to analyze whose mandates require spending in primary, and low-end estimates referred options for regulatory relief of small any 1 year of $100 million in 1995 to in section V. of this final rule. The 7 entities. For purposes of the RFA, small dollars, updated annually for inflation. and 3 percent figures were applied over entities include small businesses, In 2015, that threshold is approximately a 10-year period beginning in 2015, with nonprofit organizations, and small $144 million. This rule will have no the figures in the accounting statement governmental jurisdictions. Most consequential effect on state, local, or reflecting the average annualized costs hospitals and most other providers and tribal governments or on the private over this period. suppliers are small entities, either by sector. The accounting statement does not nonprofit status or by having revenues Executive Order 13132 establishes address the potential financial benefits of less than $7.5 million to $38.5 certain requirements that an agency of this final rule from the standpoint of million in any 1 year. With a maximum must meet when it announces a its effectiveness in recouping cost of $201,450,000, we do not believe proposed rule (and subsequent final overpayments. We do not have that the reporting and returning of rule) that imposes substantial direct sufficient data on which to base a overpayments identified by providers requirement costs on state and local monetary estimate of recovered funds. and suppliers of services will have a governments, preempts state law, or We note that the only costs associated significant impact on a substantial otherwise has Federalism implications. with this final rule for providers and number of small entities. We are not Since this final rule does not impose suppliers involve the actual researching, preparing an analysis for the RFA any costs on states or local governments, reporting, and returning of because we have determined, and the the requirements of Executive Order overpayments. For purposes of our RIA Secretary certifies, that this final rule 13132 are not applicable. estimates, we do not deem the actual will not have a significant economic Comment: A commenter expressed refunded overpayment as a cost since it impact on a substantial number of small concern that the proposed rule creates constitutes money to which the provider entities. an unfunded requirement that forces or supplier was not entitled.

TABLE 2—ACCOUNTING STATEMENT: ESTIMATED COSTS RESULTING FROM REPORTING AND RETURNING OF OVERPAYMENTS

Primary Low High Category estimates estimates estimates Year dollars Discount rate Period (in $ millions) (in $ millions) (in $ millions) (%) covered

Costs: Resulting from reporting and returning of overpayments ...... $161.16 $120.87 $201.45 2015 7 2015-2024 161.16 120.87 201.45 2015 3 2015-2024

Who Is Affected ...... Providers and Suppliers.

C. Alternatives Considered mechanisms to alleviate the burden on additional burden. Instead, we elected In light of the statutory mandate in the provider and supplier communities. to utilize existing processes for section 6402(a) of the Affordable Care First, we proposed a new, unified reporting and returning, including the Act, we did not consider any form as part of the reporting and voluntary refund process. This would alternatives to the implementation of returning process in our proposed rule. allow providers and suppliers to use a the proposed provisions. However, we However, the comments received reporting mechanism with which they contemplated several operational indicated that this could cause needless are already familiar. After reviewing the

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comments, we raised the burden to 6 401.301 Basis and scope. withdraws from the OIG Self-Disclosure hours for identifying and reporting and 401.303 Definitions. Protocol, or the person is removed from returning, but that is lower than if we 401.305 Requirements for reporting and the OIG Self-Disclosure Protocol. had finalized our plan to develop a new returning of overpayments. (ii) CMS acknowledges receipt of a singular form for reporting and Subpart D—Reporting and Returning submission to the CMS Voluntary Self- returning. of Overpayments Referral Disclosure Protocol and will Second, we contemplated the remain suspended until such time as a appropriate length of time in which § 401.301 Basis and scope. settlement agreement is entered, the overpayments must be reported and This subpart sets forth the policies person withdraws from the CMS returned. A time period of 10 years was and procedures for reporting and Voluntary Self-Referral Disclosure proposed, as this is the outer limit of the returning overpayments to the Medicare Protocol, or the person is removed from FCA statute of limitations. We solicited program for providers and suppliers of the CMS Voluntary Self-Referral comment on this issue, and as discussed services under Parts A and B of title Disclosure Protocol. at length in section II.C.3. of this final XVIII of the Act as required by section (iii) A person requests an extended rule, we agreed with commenters that a 1128J(d) of the Act. repayment schedule as defined in period of 6 years was more appropriate § 401.603 and will remain suspended and will reduce the burden imposed on § 401.303 Definitions. until such time as CMS or one of its providers and suppliers by this final For purposes of this subpart— contractors rejects the extended rule compared to the longer proposed Medicare contractor means a Part repayment schedule request or the lookback period of 10 years. A/Part B Medicare Administrative provider or supplier fails to comply Contractor (A/B MAC) or a Durable with the terms of the extended D. Beneficiary Access Medical Equipment Medicare repayment schedule. We do not anticipate any impact on Administrative Contractor (DME MAC). (c) Applicable reconciliation. (1) The beneficiary access to care as a result of Overpayment means any funds that a applicable reconciliation occurs when a this rule. As noted previously, the only person has received or retained under cost report is filed; and burden associated with our proposed title XVIII of the Act to which the (2) In instances when the provider— provisions involves the ICR aspects of person, after applicable reconciliation, (i) Receives more recent CMS reporting and returning overpayments. is not entitled under such title. information on the SSI ratio, the We do not believe that this burden— Person means a provider (as defined provider is not required to return any which, in any event, would only affect in § 400.202 of this chapter) or a overpayment resulting from the updated a small percentage of providers and supplier (as defined in § 400.202 of this information until the final suppliers—would cause a particular chapter). reconciliation of the provider’s cost provider or supplier to reduce the report occurs; or services it furnishes to beneficiaries. § 401.305 Requirements for reporting and (ii) Knows that an outlier In accordance with the provisions of returning of overpayments. reconciliation will be performed, the Executive Order 12866, this rule was (a) General. (1) A person that has provider is not required to estimate the reviewed by OMB. received an overpayment must report change in reimbursement and return the and return the overpayment in the form estimated overpayment until the final List of Subjects and manner set forth in this section. reconciliation of that cost report. 42 CFR Part 401 (2) A person has identified an (d) Reporting. (1) A person must use overpayment when the person has, or an applicable claims adjustment, credit Claims, Freedom of information, should have through the exercise of balance, self-reported refund, or other Health facilities, Medicare, Privacy. reasonable diligence, determined that reporting process set forth by the 42 CFR Part 405 the person has received an overpayment applicable Medicare contractor to report Administrative practice and and quantified the amount of the an overpayment, except as provided in procedure, Health facilities, Health overpayment. A person should have paragraph (d)(2) of this section. If the professions, Kidney diseases, Medical determined that the person received an person calculates the overpayment devices, Medicare, Reporting and overpayment and quantified the amount amount using a statistical sampling recordkeeping requirements, Rural of the overpayment if the person fails to methodology, the person must describe areas, X-rays. exercise reasonable diligence and the the statistically valid sampling and For the reasons set forth in the person in fact received an overpayment. extrapolation methodology in the report. (b) Deadline for reporting and (2) A person satisfies the reporting preamble, the Centers for Medicare & returning overpayments. (1) A person obligations of this section by making a Medicaid Services amends 42 CFR who has received an overpayment must disclosure under the OIG’s Self- chapter IV as set forth below: report and return the overpayment by Disclosure Protocol or the CMS PART 401—GENERAL the later of either of the following: Voluntary Self-Referral Disclosure ADMINISTRATIVE REQUIREMENTS (i) The date which is 60 days after the Protocol resulting in a settlement date on which the overpayment was agreement using the process described ■ 1. The authority citation for part 401 identified. in the respective protocol. continues to read as follows: (ii) The date any corresponding cost (e) Enforcement. Any overpayment Authority: Secs. 1102, 1871, and 1874(e) of report is due, if applicable. retained by a person after the deadline the Social Security Act (42 U.S.C. 1302, (2) The deadline for returning for reporting and returning the 1395hh, and 1395w–5). overpayments will be suspended when overpayment specified in paragraph (b) the following occurs: ■ 2. Part 401 is amended by adding of this section is an obligation for (i) OIG acknowledges receipt of a subpart D to read as follows: purposes of 31 U.S.C. 3729. submission to the OIG Self-Disclosure (f) Lookback period. An overpayment Subpart D—Reporting and Returning of Protocol and will remain suspended must be reported and returned in Overpayments until such time as a settlement accordance with this section if a person Sec. agreement is entered, the person identifies the overpayment, as defined

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in paragraph (a)(2) of this section, PART 405—FEDERAL HEALTH (c) * * * within 6 years of the date the INSURANCE FOR THE AGED AND (4) A party may request that a overpayment was received. DISABLED contractor reopen an initial § 401.607 [Amended] ■ 4. The authority citation for part 405 determination for the purpose of continues to read as follows: reporting and returning an overpayment ■ 3. In § 401.607(c)(2)(i), the definition under § 401.305 of this chapter. of ‘‘Hardship’’ is amended by removing Authority: Secs. 205(a), 1102, 1861, 1862(a), 1869, 1871, 1874, 1881, and 1886(k) * * * * * the phrase ‘‘outstanding overpayments of the Social Security Act (42 U.S.C. 405(a), Dated: August 27, 2015. (principal and interest)’’ and adding in 1302, 1395x, 1395y(a), 1395ff, 1395hh, its place the phrase ‘‘outstanding 1395kk, 1395rr and 1395ww(k)), and sec. 353 Andrew M. Slavitt, overpayments (principal and interest of the Public Health Service Act (42 U.S.C. Acting Administrator, Centers for Medicare and including overpayments reported in 263a). & Medicaid Services. accordance with §§ 401.301 through ■ 5. Section 405.980 is amended by Dated: February 5, 2016. 401.305)’’. adding paragraph (c)(4) to read as Sylvia M. Burwell, follows: Secretary, Department of Health and Human § 405.980 Reopenings of initial Services. determinations, redeterminations, [FR Doc. 2016–02789 Filed 2–11–16; 8:45 am] reconsiderations, hearings, and reviews. BILLING CODE 4120–01–P * * * * *

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Part IV

The President

Executive Order 13719—Establishment of the Federal Privacy Council

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Federal Register Presidential Documents Vol. 81, No. 29

Friday, February 12, 2016

Title 3— Executive Order 13719 of February 9, 2016

The President Establishment of the Federal Privacy Council

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. The mission of the United States Government is to serve its people. In order to accomplish its mission, the Government lawfully collects, maintains, and uses large amounts of information about people in a wide range of contexts. Protecting privacy in the collection and handling of this information is fundamental to the successful accomplishment of the Government’s mission. The proper functioning of Government requires the public’s trust, and to maintain that trust the Government must strive to uphold the highest standards for collecting, maintaining, and using personal data. Privacy has been at the heart of our democracy from its inception, and we need it now more than ever. Executive departments and agencies (agencies) already take seriously their mission to protect privacy and have been working diligently to advance that mission through existing interagency mechanisms. Today’s challenges, however, require that we find even more effective and innovative ways to improve the Government’s efforts. Our efforts to meet these new challenges and preserve our core value of privacy, while delivering better and more effective Government services for the American people, demand leadership and enhanced coordination and collaboration among a diverse group of stakeholders and experts. Therefore, it shall be the policy of the United States Government that agencies shall establish an interagency support structure that: builds on existing interagency efforts to protect privacy and provides expertise and assistance to agencies; expands the skill and career development opportunities of agency privacy professionals; improves the management of agency privacy programs by identifying and sharing lessons learned and best practices; and promotes collaboration between and among agency privacy professionals to reduce unnecessary duplication of efforts and to ensure the effective, efficient, and consistent implementation of privacy policy Government-wide. Sec. 2. Policy on Senior Agency Officials for Privacy. Within 120 days of the date of this order, the Director of the Office of Management and Budget (Director) shall issue a revised policy on the role and designation of the Senior Agency Officials for Privacy. The policy shall provide guidance on the Senior Agency Official for Privacy’s responsibilities at their agencies, required level of expertise, adequate level of resources, and other matters as determined by the Director. Agencies shall implement the requirements of the policy within a reasonable time frame as prescribed by the Director and consistent with applicable law. Sec. 3. Responsibilities of Agency Heads. The head of each agency, consistent with guidance to be issued by the Director as required in section 2 of this order, shall designate or re-designate a Senior Agency Official for Privacy with the experience and skills necessary to manage an agency-wide privacy program. In addition, the head of each agency, to the extent permitted by law and consistent with ongoing activities, shall work with the Federal Privacy Council, established in section 4 of this order. Sec. 4. The Federal Privacy Council.

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(a) Establishment. There is hereby established the Federal Privacy Council (Privacy Council) as the principal interagency forum to improve the Govern- ment privacy practices of agencies and entities acting on their behalf. The establishment of the Privacy Council will help Senior Agency Officials for Privacy at agencies better coordinate and collaborate, educate the Federal workforce, and exchange best practices. The activities of the Privacy Council will reinforce the essential work that agency privacy officials undertake every day to protect privacy. (b) Membership. The Chair of the Privacy Council shall be the Deputy Director for Management of the Office of Management and Budget. The Chair may designate a Vice Chair, establish working groups, and assign responsibilities for operations of the Privacy Council as he or she deems necessary. In addition to the Chair, the Privacy Council shall be composed of the Senior Agency Officials for Privacy at the following agencies: Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or othewise affect: (i) Department of State; (ii) Department of the Treasury; (iii) Department of Defense; (iv) Department of Justice; (v) Department of the Interior; (vi) Department of Agriculture; (vii) Department of Commerce; (viii) Department of Labor; (ix) Department of Health and Human Services; (x) Department of Homeland Security; (xi) Department of Housing and Urban Development; (xii) Department of Transportation; (xiii) Department of Energy; (xiv) Department of Education; (xv) Department of Veterans Affairs; (xvi) Environmental Protection Agency; (xvii) Office of the Director of National Intelligence; (xviii) Small Business Administration; (xix) National Aeronautics and Space Administration; (xx) Agency for International Development; (xxi) General Services Administration; (xxii) National Science Foundation; (xxiii) Office of Personnel Management; and (xxiv) National Archives and Records Administration. The Privacy Council may also include other officials from agencies and offices, as the Chair may designate, and the Chair may invite the participation of officials from such independent agencies as he or she deems appropriate. (c) Functions. The Privacy Council shall: (i) develop recommendations for the Office of Management and Budget on Federal Government privacy policies and requirements; (ii) coordinate and share ideas, best practices, and approaches for protecting privacy and implementing appropriate privacy safeguards; (iii) assess and recommend how best to address the hiring, training, and professional development needs of the Federal Government with respect to privacy matters; and

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(iv) perform other privacy-related functions, consistent with law, as designated by the Chair. (d) Coordination. (i) The Chair and the Privacy Council shall coordinate with the Federal Chief Information Officers Council (CIO Council) to promote consistency and efficiency across the executive branch when addressing privacy and information security issues. In addition, the Chairs of the Privacy Council and the CIO Council shall coordinate to ensure that the work of the two councils is complementary and not duplicative. (ii) The Chair and the Privacy Council should coordinate, as appropriate, with such other interagency councils and councils and offices within the Executive Office of the President, as appropriate, including the Presi- dent’s Management Council, the Chief Financial Officers Council, the Presi- dent’s Council on Integrity and Efficiency, the National Science and Tech- nology Council, the National Economic Council, the Domestic Policy Coun- cil, the National Security Council staff, the Office of Science and Tech- nology Policy, the Interagency Council on Statistical Policy, the Federal Acquisition Regulatory Council, and the Small Agency Council. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to a department, agency, or the head thereof; or (ii) the functions of the Director relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) Independent agencies are encouraged to comply with the requirements of this order. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, February 9, 2016.

[FR Doc. 2016–03141 Filed 2–11–16; 11:15 am] Billing code 3295–F6–P

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Part V

The President

Order of February 9, 2016—Sequestration Order for Fiscal Year 2017 Pursuant to Section 251A of the Balanced Budget and Emergency Deficit Control Act, as Amended

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Federal Register Presidential Documents Vol. 81, No. 29

Friday, February 12, 2016

Title 3— Order of February 9, 2016

The President Sequestration Order for Fiscal Year 2017 Pursuant to Section 251A of the Balanced Budget and Emergency Deficit Control Act, as Amended

By the authority vested in me as President by the laws of the United States of America, and in accordance with section 251A of the Balanced Budget and Emergency Deficit Control Act (the ‘‘Act’’), as amended, 2 U.S.C. 901a, I hereby order that, on October 1, 2016, direct spending budgetary resources for fiscal year 2017 in each non-exempt budget account be reduced by the amount calculated by the Office of Management and Budget in its report to the Congress of February 9, 2016. All sequestrations shall be made in strict accordance with the requirements of section 251A of the Act and the specifications of the Office of Management and Budget’s report of February 9, 2016, prepared pursuant to section 251A(9) of the Act.

THE WHITE HOUSE, February 9, 2016.

[FR Doc. 2016–03170 Filed 2–11–16; 11:15 am] Billing code 3295–F6–P

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Reader Aids Federal Register Vol. 81, No. 29 Friday, February 12, 2016

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

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. 1024...... 7032 Presidential Documents 2 CFR 1026...... 7032 Executive orders and proclamations 741–6000 Proposed Rules: 1807...... 6434 The United States Government Manual 741–6000 1403...... 6462 Proposed Rules: Other Services 3 CFR 217...... 5661, 5943 252...... 5943 Electronic and on-line services (voice) 741–6020 Proclamations 327...... 6108 Privacy Act Compilation 741–6064 9391...... 5875 Public Laws Update Service (numbers, dates, etc.) 741–6043 9392...... 5877 13 CFR 9293...... 5879 Proposed Rules: ELECTRONIC RESEARCH Executive Orders 107...... 5666 12699 (Revoked by World Wide Web EO 13717)...... 6407 14 CFR 12941 (Revoked by 25...... 71980 Full text of the daily Federal Register, CFR and other publications EO 13717)...... 6407 39 ...... 5037, 5365, 5367, 5889, is located at: www.fdsys.gov. 13717...... 6407 5893, 6751, 6753, 6755 Federal Register information and research tools, including Public 13718...... 7441 61...... 5896 Inspection List, indexes, and Code of Federal Regulations are 13719...... 7687 71 ...... 5898, 5901, 5902, 5903, located at: www.ofr.gov. Administrative Orders: 5905, 6447, 6448, 6450, Memorandums: 7200 E-mail Memorandum of 97 ...... 5577, 5579, 5581, 5584 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is January 28, 2016 ...... 5361 183...... 5896 an open e-mail service that provides subscribers with a digital Memorandum of Proposed Rules: form of the Federal Register Table of Contents. The digital form January 29, 2016 ...... 5571 25...... 7249 of the Federal Register Table of Contents includes HTML and Notices: 39 ...... 5056, 5395, 5944, 6185, PDF links to the full text of each document. Notice of February 3, 6475 2016 ...... 6157 To join or leave, go to http://listserv.access.gpo.gov and select 71 ...... 5676, 5946, 5948, 5949, Order of February 9, 7039, 7040, 7251 Online mailing list archives, FEDREGTOC-L, Join or leave the list 2016 ...... 7693 (or change settings); then follow the instructions. 15 CFR 5 CFR PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: service that notifies subscribers of recently enacted laws. Ch. XXXVI ...... 6159 770...... 6791 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: 774...... 6791 and select Join or leave the list (or change settings); then follow 250...... 6469 the instructions. 16 CFR 7 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot 305...... 7201 respond to specific inquiries. 28...... 7025 1031...... 5369 319...... 5881, 7195 Reference questions. Send questions and comments about the 920...... 5573 17 CFR Federal Register system to: [email protected] 3430...... 6411 30...... 7204 The Federal Register staff cannot interpret specific documents or 3434...... 5575 regulations. 3555...... 6418 18 CFR CFR Checklist. Effective January 1, 2009, the CFR Checklist no Proposed Rules; 1b...... 5378 longer appears in the Federal Register. This information can be 800...... 6185 2...... 5378 found online at http://bookstore.gpo.gov/. 157...... 5378 8 CFR 380...... 5378 212...... 6430 401...... 5585 FEDERAL REGISTER PAGES AND DATE, FEBRUARY Proposed Rules: 9 CFR 5037–5364...... 1 35...... 5951 53...... 6745 5365–5572...... 2 20 CFR 5573–5880...... 3 Proposed Rules: 1...... 5629 404...... 6170 5881–6156...... 4 3...... 5629 416...... 6170 6157–6410...... 5 Proposed Rules: 6411–6744...... 8 10 CFR 411...... 7041 6745–7024...... 9 Proposed Rules: 7025–7194...... 10 430...... 5658 21 CFR 7195–7440...... 11 900...... 5383 73...... 5589 7441–7694...... 12 101...... 5589 12 CFR 118...... 5589 339...... 6169 165...... 5589 702...... 7198 172...... 5589

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173...... 5589 32 CFR Proposed Rules: 74...... 5041 7...... 6813 177...... 5589 Proposed Rules: 79...... 5921 178...... 5589 199...... 5061 9...... 6813 Proposed Rules: 184...... 5589 52 ...... 6200, 6481, 6483, 6813, 15...... 7491 189...... 5589 33 CFR 6814, 6936, 7046, 7259, 73...... 5086 589...... 5589 7269, 7483, 7489 117 .....5039, 5040, 5041, 5916, 74...... 7491 601...... 7445 60...... 6814 6178, 6758, 7207, 7208 79...... 5971 700...... 5589 63...... 6814 165...... 6179, 6181 81 ...... 6936, 7046, 7269 868...... 7446 48 CFR 870...... 7446 Proposed Rules: 82...... 6824 878...... 7452 100 .....5967, 6196, 7044, 7256, 180...... 6826 436...... 7478 1308 ....6171, 6175, 6451, 6453 7481 228...... 7055 452...... 7478 117...... 5679 Proposed Rules: 300...... 6827 Proposed Rules: 401...... 6198 1308...... 6190 215...... 6488 402...... 6810 42 CFR 252...... 6488 22 CFR 401...... 7654 34 CFR 41...... 5906, 7454 403...... 5917 49 CFR Proposed Rules: 405...... 7654 51...... 6757 223...... 6775 Ch. II ...... 5969 440...... 5530 Proposed Rules: 501...... 5937 447...... 5170 121...... 6797 38 CFR 571...... 6454 Proposed Rules: 830...... 6458 24 CFR Proposed Rules: 2...... 6988 Proposed Rules: 17...... 6479 401...... 5397 Proposed Rules: 571...... 7492 960...... 5677 425...... 5824 39 CFR 673...... 6344 3280...... 6806 3282...... 6806 955...... 7208 43 CFR 3020...... 5596 Proposed Rules: 50 CFR 26 CFR Proposed Rules: 3100...... 6616 402...... 7214 1...... 5908 3001...... 5085 3160...... 6616 424...... 7226, 7414 Proposed Rules: 3170...... 6616 665...... 5619 1 ...... 5060, 5966, 7253 40 CFR 679 .....5054, 5381, 5627, 5628, 9...... 7455 45 CFR 6459, 6460, 7037 29 CFR 52 ...... 6758, 6761, 6763, 7209 1331...... 5917 Proposed Rules: 1952...... 6177 70...... 7463 1611...... 6183 91...... 7279 4022...... 7454 82...... 6765 216...... 6489, 7493 97...... 7466 47 CFR 300 ...... 6210, 6489, 7493 30 CFR 180 ...... 5600, 7032, 7466, 7473 1...... 5605 600...... 6210 Proposed Rules: 241...... 6688 15...... 5041 622 ...... 5978, 5979, 6222 936...... 6477 300...... 6768 52...... 5920 665...... 7494 946...... 6479 721...... 7455 73...... 5380, 7477 679...... 5681, 6489

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Superintendent of Documents, H.R. 4188/P.L. 114–120 enacted public laws. To U.S. Government Publishing Coast Guard Authorization Act subscribe, go to http:// LIST OF PUBLIC LAWS Office, Washington, DC 20402 of 2015 (Feb. 8, 2016; 130 listserv.gsa.gov/archives/ (phone, 202–512–1808). The Stat. 27) publaws-l.html This is a continuing list of text will also be made S. 2152/P.L. 114–121 public bills from the current available on the Internet from Electrify Africa Act of 2015 session of Congress which GPO’s Federal Digital System Note: This service is strictly (Feb. 8, 2016; 130 Stat. 86) have become Federal laws. (FDsys) at http://www.gpo.gov/ for E-mail notification of new This list is also available fdsys. Some laws may not yet Last List February 2, 2016 laws. The text of laws is not online at http:// be available. available through this service. www.archives.gov/federal- PENS cannot respond to register/laws. H.R. 515/P.L. 114–119 Public Laws Electronic International Megan’s Law to specific inquiries sent to this Notification Service address. The text of laws is not Prevent Child Exploitation and (PENS) published in the Federal Other Sexual Crimes Through Register but may be ordered Advanced Notification of in ‘‘slip law’’ (individual Traveling Sex Offenders (Feb. PENS is a free electronic mail pamphlet) form from the 8, 2016; 130 Stat. 15) notification service of newly

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