Vol. 81 Friday, No. 43 March 4, 2016

Pages 11407–11658

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 81, No. 43

Friday, March 4, 2016

Agriculture Department Defense Department See Forest Service See Engineers Corps See National Agricultural Statistics Service NOTICES See Natural Resources Conservation Service Arms Sales, 11521–11528 See Rural Utilities Service Privacy Act; Computer Matching Program, 11528–11529 Centers for Disease Control and Prevention NOTICES Defense Nuclear Facilities Safety Board Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 11568–11569 Meetings; Sunshine Act, 11531–11532 Meetings: Board of Scientific Counselors, National Institute for Drug Enforcement Administration Occupational Safety and Health, 11567–11568 RULES Schedules of Controlled Substances: Centers for Medicare & Medicaid Services Extension of Temporary Placement of 10 Synthetic RULES Cathinones into Schedule I of the Controlled Eligibility in the States, District of Columbia, the Northern Substances Act, 11429–11431 Mariana Islands, and American Samoa; CFR Correction, PROPOSED RULES 11447 Schedules of Controlled Substances: Medicare and Medicaid Programs: Placement of 10 Synthetic Cathinones into Schedule I of Electronic Health Record Initiative Program Stage 3 and the Controlled Substances Act, 11479–11486 Modifications to Meaningful Use in 2015 through 2017; Corrections and Correcting Amendment, 11447–11449 Education Department Medicare Program: NOTICES Comprehensive Care for Joint Replacement Payment Applications for New Awards: Model for Acute Care Hospitals Furnishing Lower Hispanic-Serving Institutions STEM and Articulation Extremity Joint Replacement Services; Corrections Program, 11532–11539 and Correcting Amendments, 11449–11451 Technical Assistance and Dissemination to Improve NOTICES Services and Results for Children with Disabilities; Agency Information Collection Activities; Proposals, etc., 11539–11549 Submissions, and Approvals, 11569–11572 Coast Guard Employment and Training Administration RULES NOTICES Drawbridge Operations: Agency Information Collection Activities; Proposals, Victoria Barge Canal, Bloomington, TX, 11434–11435 Submissions, and Approvals: Safety Zones: Confidentiality and Disclosure of State Unemployment Brandon Road Lock and Dam to Lake Michigan including Compensation Information and State Income and Des Plaines River, Chicago Sanitary and Ship Canal, Eligibility Verification Provisions of the Deficit Chicago River, and Calumet-Saganashkee Channel, Reduction Act, 11592 Chicago, IL, 11437–11438 Little Calumet River, Chicago, IL, 11435–11437 Energy Department Commerce Department See Federal Energy Regulatory Commission See First Responder Network Authority See Western Area Power Administration See Foreign-Trade Zones Board PROPOSED RULES See International Trade Administration Energy Conservation Program for Consumer Products and See National Oceanic and Atmospheric Administration Certain Commercial and Industrial Equipment: See National Telecommunications and Information Supplemental Proposed Determination of Miscellaneous Administration Refrigeration Products as Covered Products, 11454– 11465 Committee for Purchase From People Who Are Blind or NOTICES Severely Disabled Environmental Impact Statements; Availability, etc.: NOTICES Disposal of Greater-Than-Class C Low-Level Radioactive Procurement List; Additions and Deletions, 11519–11520 Waste and GTCC–Like Waste, 11550–11552 Meetings: Commodity Futures Trading Commission Advanced Scientific Computing Advisory Committee, NOTICES 11552 Agency Information Collection Activities; Proposals, Biological and Environmental Research Advisory Submissions, and Approvals: Committee, 11552–11553 Generic Clearance for the Collection of Qualitative President’s Council of Advisors on Science and Feedback on Agency Service Delivery, 11520–11521 Technology, 11549–11550

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Engineers Corps NOTICES NOTICES Agency Information Collection Activities; Proposals, Environmental Impact Statements; Availability, etc.: Submissions, and Approvals, 11562–11564 San Francisco Bay to Stockton (John F. Baldwin and Stockton Ship Channels) Navigation Improvement Federal Energy Regulatory Commission Study, San Francisco Bay, CA, 11529–11531 NOTICES Applications: Engraving and Printing Bureau Pine Creek Mine, LLC, 11554–11555 RULES Combined Filings, 11555–11556 Conduct on Bureau of Engraving and Printing Property, Filings: 11432–11434 Hoosier Energy Rural Electric; Cooperative, Inc., 11553– 11554 Environmental Protection Agency Initial Market-Based Rate Filings Including Requests for RULES Blanket Section 204 Authorizations: Air Plan Disapprovals: Greenleaf Energy Unit 1, LLC, 11553 Georgia: Disapproval of Automatic Rescission Clause, Preliminary Permit Applications: 11438–11445 Ever Better Hydro Power, LLC, 11554 Air Quality State Implementation Plans; Approvals and Promulgations: Federal Highway Administration Ohio; Regional Haze Glatfelter BART SIP Revision, NOTICES 11445–11447 Final Federal Agency Actions: PROPOSED RULES Proposed Highway, Washington, District of Columbia, Air Quality State Implementation Plans; Approvals and 11641–11642 Promulgations: Alaska: Updates to Incorporation by Reference and Federal Motor Carrier Safety Administration Miscellaneous Revisions, 11497–11500 NOTICES NOTICES Qualification of Drivers; Exemption Applications: CERCLA Administrative Cost Recovery Settlements: Vision, 11642–11644 Former Athol Rod and Gun Club Superfund Site, Athol, MA, 11561–11562 Federal Reserve System Environmental Assessments; Availability, etc., 11557–11558 NOTICES Pesticide Registrations: Agency Information Collection Activities; Proposals, Flubendiamide; Cancellation, 11558–11561 Submissions, and Approvals, 11564–11565 Changes in Bank Control: Farm Credit System Insurance Corporation Acquisitions of Shares of a Bank or Bank Holding NOTICES Company, 11564 Meetings: Farm Credit System Insurance Corporation Board, 11562 Financial Crimes Enforcement Network PROPOSED RULES Federal Aviation Administration Imposition of Special Measures: RULES Banca Privada d’Andorra; Withdrawal, 11496–11497 Airworthiness Directives: NOTICES Airbus Helicopters (Previously Eurocopter France) Withdrawal of Finding Regarding Banca Privada d’Andorra, Helicopters, 11407–11409 11648–11649 M7 Aerospace LLC Airplanes, 11409–11413 Amendment of Class E Airspace: First Responder Network Authority Harvey, ND, and Rolla, ND, 11413–11414 NOTICES Amendment of United States Area Navigation Route Q–35: Environmental Impact Statements; Availability, etc.: Western United States, 11414–11415 Non-Contiguous Region of the Nationwide Public Safety PROPOSED RULES Broadband Network; Public Meeting, 11511–11512 Airworthiness Directives: BLANIK LIMITED Gliders, 11473–11475 Fish and Wildlife Service Bombardier, Inc. Airplanes, 11467–11469, 11471–11473 NOTICES EVECTOR, spol. s.r.o. Gliders, 11465–11467, 11475– Meetings: 11477 Trinity River Adaptive Management Working Group, M7 Aerospace, LLC, 11469–11471 11586 NOTICES Meetings: Food and Drug Administration National Parks Overflights Advisory Group Aviation RULES Rulemaking Committee, 11639–11640 Unique Device Identification System: RTCA Special Committee Airborne Weather Detection Editorial Provisions; Technical Amendment, 11428– Systems; Joint with EUROCAE WG–95, 11640 11429 Requests to Release Airport Property: PROPOSED RULES Mckinney National Airport, McKinney, TX, 11640–11641 Medical Devices: Refurbishing, Reconditioning, Rebuilding, Remarketing, Federal Communications Commission Remanufacturing, and Servicing Performed by Third- PROPOSED RULES Party Entities and Original Equipment International Settlements Policy Reform, 11500–11502 Manufacturers, 11477–11479

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NOTICES Interior Department Agency Information Collection Activities; Proposals, See Fish and Wildlife Service Submissions, and Approvals: See Land Management Bureau Medical Device User Fee Small Business Qualification and Certification, 11576–11577 Registration and Product Listing for Owners and Internal Revenue Service Operators of Domestic Tobacco Product RULES Establishments and Listing of Ingredients in Tobacco Consistent Basis Reporting Between Estate and Person Products, 11575 Acquiring Property from Decedent, 11431–11432 Guidance: PROPOSED RULES Labeling for Permanent Hysteroscopically-Placed Tubal Consistent Basis Reporting Between Estate and Person Implants Intended for Sterilization, 11577–11579 Acquiring Property from Decedent, 11486–11496 Nonclinical Study Data Reviewer’s Guide Template, 11575– 11576 International Trade Administration Requests for Information: NOTICES Risk Assessment of Foodborne Illness Associated With Antidumping or Countervailing Duty Investigations, Orders, Pathogens From Produce Grown in Fields Amended or Reviews: With Untreated Biological Soil Amendments of Calcium Hypochlorite from the People’s Republic of Animal Origin, 11572–11574 China, 11516–11517 Certain Activated Carbon from the People’s Republic of Foreign-Trade Zones Board China, 11513–11515 NOTICES Applications for Duty-Free Entry of Scientific Instruments, Proposed Production Activities: 11517–11518 United Chemi-Con, Inc., Foreign-Trade Zone 230, Piedmont Triad Area, NC, 11512–11513 Reorganizations under Alternative Site Framework: International Trade Commission Foreign-Trade Zone 182, Fort Wayne, IN, 11513 NOTICES Investigations; Determinations, Modifications, and Rulings, Forest Service etc.: NOTICES Certain Biaxial Integral Geogrid Products from China, Meetings: 11591 Black Hills National Forest Advisory Board, 11508 Certain Hospital Beds, and Components Thereof, 11590– Olympic Peninsula Resource Advisory Committee, 11591 11508–11509 Justice Department General Services Administration See Drug Enforcement Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Proposed Consent Decrees under the Clean Air Act, 11591– Submissions, and Approvals: 11592 Public Buildings Service—Art-in-Architecture Program National Artist Registry, 11565–11566 Labor Department Government Ethics Office See Employment and Training Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11566–11567 Submissions, and Approvals: Annual Report for Multiple Employer Welfare Health and Human Services Department Arrangements, 11593–11594 Multiple Employer Welfare Arrangement Administrative See Centers for Disease Control and Prevention Law Judge Administrative Hearing Procedures, See Centers for Medicare & Medicaid Services 11594–11595 See Food and Drug Administration Notice of Special Enrollment Rights under Group Health See Substance Abuse and Mental Health Services Plans, 11592–11593 Administration

Homeland Security Department Land Management Bureau See Coast Guard NOTICES Environmental Assessments; Availability, etc.: Housing and Urban Development Department Tres Rios Field Office; Resource Management Plan, NOTICES 11587–11589 Agency Information Collection Activities; Proposals, Environmental Impact Statements; Availability, etc.: Submissions, and Approvals: Marigold Mine Plan of Operations—Mackay Optimization Border Community Capital Initiative and Semi-Annual Project Amendment, Humboldt County, NV, 11586– Reporting, 11584–11585 11587 Public Housing Agency Lease and Grievance Realty Actions: Requirements, 11584 Recreation and Public Purposes Lease, Transfer of Federal Properties Suitable as Facilities to Assist the Interest and Change of Use of Public Lands in Clark Homeless, 11583–11584 County, NV, 11589–11590

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Management and Budget Office Exemptions: NOTICES Duke Energy Progress; Combined License Application for Calendar Year 2015 Cost of Outpatient Medical, Dental, and Shearon Harris Nuclear Power Plants Units 2 and 3, Cosmetic Surgery Services Furnished by Department of 11606–11608 Defense Medical Treatment Facilities: Duke Energy Progress; Combined License Applications Certain Rates Regarding Recovery from Tortiously Liable for Shearon Harris Nuclear Plant Units 2 and 3, Third Persons, 11595 11601–11603 Meetings; Sunshine Act, 11605–11606 National Aeronautics and Space Administration Permits: NOTICES SHINE Medical Technologies, Inc.; SHINE Medical Environmental Impact Statements; Availability, etc.: Isotope Facility, 11600–11601 Center Master Plan Update, Kennedy Space Center, Titusville, FL, 11596–11597 Postal Regulatory Commission Partially Exclusive Licenses, 11596 NOTICES New Postal Products, 11608–11613 National Agricultural Statistics Service NOTICES Postal Service Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11509 NOTICES Product Changes: National Highway Traffic Safety Administration Priority Mail and First-Class Package Service Negotiated NOTICES Service Agreement, 11613–11614 Petitions for Decisions of Inconsequential Noncompliance: Priority Mail Express Negotiated Service Agreement, BMW of North America, LLC, 11645–11647 11614 Cooper Tire & Rubber Company; Approval, 11644–11645 Priority Mail Negotiated Service Agreement, 11613 National Oceanic and Atmospheric Administration Presidential Documents RULES PROCLAMATIONS Fisheries of the Caribbean, Gulf of Mexico, and South Special Observances: Atlantic: Read Across America Day (Proc. 9403), 11651–11654 Coastal Migratory Pelagic Resources of the Gulf of Mexico ADMINISTRATIVE ORDERS and South Atlantic; Trip Limit Increase, 11451– Ukraine; Continuation of National Emergency (Notice of 11452 March 2, 2016), 11655–11656 Fisheries of the Exclusive Economic Zone Off Alaska: Zimbabwe; Continuation of National Emergency (Notice of Pacific Cod by Vessels Using Jig Gear in the Central March 2, 2016), 11657–11658 Regulatory Area of the Gulf of Alaska, 11452–11453 PROPOSED RULES Rural Utilities Service Fisheries of the Caribbean, Gulf of Mexico, and South NOTICES Atlantic: Agency Information Collection Activities; Proposals, Snapper-Grouper Fishery off the Southern Atlantic States; Submissions, and Approvals, 11511 Amendment 35, 11502–11507 NOTICES Securities and Exchange Commission Meetings: NOTICES Endangered Species Act, 11518 Applications: Mid-Atlantic Fishery Management Council, 11518–11519 Charles Schwab Investment Management, Inc., et al., New England Fishery Management Council, 11519 11624–11634 CLS Investments, LLC, et al., 11616–11624 National Telecommunications and Information Self-Regulatory Organizations; Proposed Rule Changes: Administration Miami International Securities Exchange, LLC, 11614– NOTICES 11616 Environmental Impact Statements; Availability, etc.: NASDAQ BX, Inc., 11634–11635 Non-Contiguous Region of the Nationwide Public Safety Broadband Network; Public Meeting, 11511–11512 Small Business Administration NOTICES Natural Resources Conservation Service Disaster Declarations: NOTICES California, 11635–11636 Proposed Changes to the National Handbook of Conservation Practices for the Natural Resources Social Security Administration Conservation Service, 11509–11510 NOTICES Agency Information Collection Activities; Proposals, Nuclear Regulatory Commission Submissions, and Approvals, 11636–11637 NOTICES Environmental Assessments; Availability, etc.: Substance Abuse and Mental Health Services Department of the Air Force; Hill Air Force Base, UT, Administration 11597–11600 Exelon Generation Co., LLC, Dresden Nuclear Power NOTICES Station, Units 1, 2, and 3; Independent Spent Fuel Opioid Overdose Prevention Challenge; Requirements and Storage Installation, 11603–11605 Registration, 11579–11583

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Surface Transportation Board See Internal Revenue Service NOTICES NOTICES Abandonment Exemptions: Study on the Overall Effectiveness of the Terrorism Risk Brandon Railroad, LLC, Douglas County, NE, 11637 Insurance Program, 11649–11650 Lease Exemption Containing Interchange Commitments: Wichita, Tillman and Jackson Railway Co.; Union Pacific Western Area Power Administration Railroad Co., 11637–11638 NOTICES Rate Orders: Trade Representative, Office of United States Central Valley Project, California-Oregon Transmission NOTICES Project, Pacific Alternating Current Intertie, etc., Public Hearings: 11556–11557 Policy Recommendations on the Global Steel Industry Situation and Impact on U.S. Steel Industry and Market, 11638–11639 Separate Parts In This Issue

Transportation Department Part II See Federal Aviation Administration Presidential Documents, 11651–11658 See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration RULES Reader Aids Use of Electronic Cigarettes on Aircraft, 11415–11428 Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, and notice Agency Information Collection Activities; Proposals, of recently enacted public laws. Submissions, and Approvals, 11647–11648 To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Treasury Department listserv.access.gpo.gov and select Online mailing list See Engraving and Printing Bureau archives, FEDREGTOC-L, Join or leave the list (or change See Financial Crimes Enforcement Network 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 Proclamations: 9403...... 11653 Administrative Orders: Notices: Notice of March 2, 2016 ...... 11655 Notice of March 2, 2016 ...... 11657 10 CFR Proposed Rules: 430...... 11454 14 CFR 39 (2 documents) ...... 11407, 11409 71 (2 documents) ...... 11413, 11414 252...... 11415 Proposed Rules: 39 (6 documents) ...... 11465, 11467, 11469, 11471, 11473, 11475 21 CFR 801...... 11428 830...... 11428 1308...... 11429 Proposed Rules: 820...... 11477 1308...... 11479 26 CFR 1...... 11431 Proposed Rules: 1...... 11486 301...... 11486 31 CFR 605...... 11432 Proposed Rules: 1010...... 11496 33 CFR 117...... 11434 165 (2 documents) ...... 11435, 11437 40 CFR 52 (2 documents) ...... 11438, 11445 Proposed Rules: 52...... 11497 42 CFR 435...... 11447 495...... 11447 510...... 11449 47 CFR Proposed Rules: 63...... 11500 50 CFR 622...... 11451 679...... 11452 Proposed Rules: 622...... 11502

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Rules and Regulations Federal Register Vol. 81, No. 43

Friday, March 4, 2016

This section of the FEDERAL REGISTER The Director of the Federal Register installed. AD 2014–07–52 required, for contains regulatory documents having general approved the incorporation by reference helicopters with 640 or more hours TIS, applicability and legal effect, most of which of certain documents listed in this AD repetitively inspecting each are keyed to and codified in the Code of as of June 25, 2014 (79 FR 33054, June reinforcement angle for a crack every 10 Federal Regulations, which is published under 10, 2014). hours TIS. As an optional action, AD 50 titles pursuant to 44 U.S.C. 1510. ADDRESSES: For service information 2014–07–52 allowed a repetitive 165 The Code of Federal Regulations is sold by identified in this final rule, contact hour TIS inspection of the the Superintendent of Documents. Prices of Airbus Helicopters, Inc., 2701 N. Forum reinforcement angle under each new books are listed in the first FEDERAL Drive, Grand Prairie, TX 75052; attaching screw for a crack. AD 2014– REGISTER issue of each week. telephone (972) 641–0000 or (800) 232– 07–52 was prompted by Emergency AD 0323; fax (972) 641–3775; or at http:// No. 2014–0076–E, dated March 25, www.airbushelicopters.com/techpub. 2014, issued by EASA, which is the DEPARTMENT OF TRANSPORTATION You may review the referenced service Technical Agent for the Member States of the European Union. EASA advises Federal Aviation Administration information at the FAA, Office of the Regional Counsel, Southwest Region, that during the inspection of several AS355 helicopters, cracks found in the 14 CFR Part 39 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. reinforcement angles had initiated on [Docket No. FAA–2015–2568; Directorate the non-visible surface of the angle, and Identifier 2014–SW–026–AD; Amendment Examining the AD Docket that this condition, if not corrected, 39–18424; AD 2016–05–06] You may examine the AD docket on could lead to further crack propagation RIN 2120–AA64 the Internet at http:// and subsequent loss of the tailboom, www.regulations.gov by searching for resulting in loss of control of the Airworthiness Directives; Airbus and locating Docket No. FAA–2015– helicopter. The EASA AD requires Helicopters (Previously Eurocopter 2568; or in person at the Docket repetitive inspections of the France) Helicopters Operations Office between 9 a.m. and 5 reinforcement angles, and states that a p.m., Monday through Friday, except terminating action is under AGENCY: Federal Aviation Federal holidays. The AD docket investigation. Administration (FAA), DOT. contains this AD, the European Aviation The NPRM published in the Federal ACTION: Final rule. Safety Agency (EASA) AD, any Register on July 23, 2015 (80 FR 43645). incorporated-by-reference service The NPRM proposed to retain the 10 SUMMARY: We are superseding information, the economic evaluation, hour TIS repetitive inspections of the Airworthiness Directive (AD) 2014–07– any comments received, and other reinforcement angle and require (instead 52 for certain Airbus Helicopters information. The street address for the of allow as an option) the 165 hour TIS (previously Eurocopter France) Model Docket Operations Office (phone: 800– inspection of the junction frame bores as AS350B, AS350BA, AS350B1, 647–5527) is U.S. Department of terminating action for the 10 hour TIS AS350B2, AS350B3, AS350C, AS350D, Transportation, Docket Operations inspections. The NPRM also proposed AS350D1, AS355E, AS355F, AS355F1, Office, M–30, West Building Ground to revise the applicability to only AS355F2, AS355N, and AS355NP Floor, Room W12–140, 1200 New Jersey include helicopters with reinforcement helicopters. AD 2014–07–52 required Avenue SE., Washington, DC 20590. angle P/N 350A08.2493.21 and P/N repetitively inspecting certain FOR FURTHER INFORMATION CONTACT: 350A08.2493.23, and not include reinforcement angles of the rear Robert Grant, Aviation Safety Engineer, helicopters with MOD 07 3215. Since structure to tailboom junction frame Safety Management Group, FAA, 10101 MOD 07 3215 installed reinforcement (reinforcement angles) for a crack at 10 Hillwood Pkwy., Fort Worth, TX 76177; angle P/N 350A08.2493.21 and P/N hour time-in-service (TIS) intervals, telephone (817) 222–5110; email 350A08.2493.23, AD 2014–07–52 was repairing any cracked reinforcement [email protected]. written to apply to helicopters with angle, and allowed an optional SUPPLEMENTARY INFORMATION: either the reinforcement angle P/Ns or repetitive inspection with a 165 hour with MOD 07 3215, so that operators TIS inspection interval as a terminating Discussion could more easily determine whether action for the 10 hour TIS inspections. We issued a notice of proposed AD 2014–07–52 applied to their aircraft. This AD retains the inspection rulemaking (NPRM) to amend 14 CFR Airbus Helicopters then developed requirements of AD 2014–07–52 and part 39 to remove AD 2014–07–52, MOD 07 3232, which removes requires the inspection of the area Amendment 39–17858 (79 FR 33054, reinforcement angle P/N around each reinforcement angle screw June 10, 2014) and add a new AD. AD 350A08.2493.21 and P/N hole as terminating action to the 10 hour 2014–07–52 applied to Airbus 350A08.2493.23. We removed MOD 07 TIS inspections. We are issuing this AD Helicopters Model AS350B, AS350BA, 3215 from the applicability because we to detect a crack in the reinforcement AS350B1, AS350B2, AS350B3, AS350C, did not want the AD to apply to a angle, which if not corrected, could AS350D, AS350D1, AS355E, AS355F, helicopter with both MOD 07 3215 and result in loss of the tailboom and AS355F1, AS355F2, AS355N, and MOD 07 3232 in its aircraft records, as subsequent loss of control of the AS355NP helicopters with Modification it would not have reinforcement angle helicopter. (MOD) 07 3215 or with a reinforcement P/N 350A08.2493.21 or P/N DATES: This AD is effective April 8, angle part number (P/N) 350A08.2493.23 installed. The proposed 2016. 350A08.2493.21 or P/N 350A08.2493.23 requirements were intended to detect a

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crack in the reinforcement angle, which reasonably available because the (2) Is not a ‘‘significant rule’’ under if not corrected, could result in loss of interested parties have access to it DOT Regulatory Policies and Procedures the tailboom and subsequent loss of through their normal course of business (44 FR 11034, February 26, 1979); control of the helicopter. or by the means identified in the (3) Will not affect intrastate aviation Since the NPRM was issued, a group ADDRESSES section. in Alaska to the extent that it justifies email address has been established for making a regulatory distinction; and Costs of Compliance requesting an FAA alternative method (4) Will not have a significant of compliance for a helicopter of foreign We estimate that this AD affects 822 economic impact, positive or negative, design. We have revised this contact helicopters of U.S. Registry. We estimate on a substantial number of small entities information in this final rule to reflect that operators may incur the following under the criteria of the Regulatory the new email address. costs in order to comply with this AD. Flexibility Act. Comments At an average labor rate of $85 per work- We prepared an economic evaluation hour, inspecting the reinforcement of the estimated costs to comply with We gave the public the opportunity to angles for a crack without removing the this AD and placed it in the AD docket. participate in developing this AD, but screws requires 1.0 work-hour, for a cost List of Subjects in 14 CFR Part 39 we did not receive any comments on the per helicopter of $85 and a total cost of NPRM (79 FR 33054, June 10, 2014). $69,870 for the U.S. fleet, per inspection Air transportation, Aircraft, Aviation FAA’s Determination cycle. Removing the screws and safety, Incorporation by reference, inspecting the reinforcement angle Safety. These helicopters have been approved requires 2 work-hours, for a cost per by the aviation authority of France and Adoption of the Amendment helicopter of $170 and a total cost of are approved for operation in the United $139,740 for the U.S. fleet, per Accordingly, under the authority States. Pursuant to our bilateral inspection cycle. If required, repairing a delegated to me by the Administrator, agreement with France, EASA, its cracked reinforcement angle requires the FAA amends 14 CFR part 39 as technical representative, has notified us about 10 work-hours, and required parts follows: of the unsafe condition described in the cost about $300, for a total cost per EASA AD. We are issuing this AD helicopter of $1,150. PART 39—AIRWORTHINESS because we evaluated all information DIRECTIVES provided by EASA and determined the Authority for This Rulemaking unsafe condition exists and is likely to ■ 1. The authority citation for part 39 exist or develop on other helicopters of Title 49 of the United States Code continues to read as follows: specifies the FAA’s authority to issue these same type designs and that air Authority: 49 U.S.C. 106(g), 40113, 44701. safety and the public interest require rules on aviation safety. Subtitle I, adopting the AD requirements as section 106, describes the authority of § 39.13 [Amended] the FAA Administrator. Subtitle VII: proposed. ■ Aviation Programs, describes in more 2. The FAA amends § 39.13 by Interim Action detail the scope of the Agency’s removing Airworthiness Directive (AD) authority. 2014–07–52, Amendment 39–17858 (79 We consider this AD to be an interim FR 33054, June 10, 2014), and adding action. If final action is later identified, We are issuing this rulemaking under the following new AD: we might consider further rulemaking the authority described in Subtitle VII, then. Part A, Subpart III, Section 44701: 2016–05–06 Airbus Helicopters (previously ‘‘General requirements.’’ Under that Eurocopter France): Amendment 39– Differences Between This AD and the 18424; Docket No. FAA–2015–2568; section, Congress charges the FAA with EASA AD Directorate Identifier 2014–SW–026–AD. promoting safe flight of civil aircraft in This AD is not applicable to the air commerce by prescribing regulations (a) Applicability AS350BB as that model is not type for practices, methods, and procedures This AD applies to Airbus Helicopters certificated in the U.S. This AD applies the Administrator finds necessary for Model AS350B, AS350BA, AS350B1, to Airbus Helicopters Model AS350C safety in air commerce. This regulation AS350B2, AS350B3, AS350C, AS350D, and AS350D1 helicopters because these is within the scope of that authority AS350D1, AS355E, AS355F, AS355F1, helicopters have a similar design. because it addresses an unsafe condition AS355F2, AS355N, and AS355NP helicopters, with a reinforcement angle part Finally, the EASA AD requires operators that is likely to exist or develop on to contact Airbus Helicopters if there is number (P/N) 350A08.2493.21 or P/N helicopters identified in this rulemaking 350A08.2493.23 installed, certificated in any a crack, and this AD does not, however action. category. it does require repairing the crack before Regulatory Findings Note 1 to paragraph (a) of this AD: further flight. Helicopters with Modification (MOD) 073232 Related Service Information Under 1 This AD will not have federalism do not have P/N 350A08.2493.21 or P/N CFR Part 51 implications under Executive Order 350A08.2493.23 installed. 13132. This AD will not have a Airbus Helicopters issued Emergency (b) Unsafe Condition substantial direct effect on the States, on Alert Service Bulletin (EASB) No. the relationship between the national This AD defines the unsafe condition as a 05.00.70 for Model AS350B, BA, BB, Bl, crack in a rear structure to tailboom junction government and the States, or on the B2, B3, and D helicopters, and EASB frame reinforcement angle (reinforcement distribution of power and No. 05.00.62 for Model AS355E, F, F1, angle), which if not detected could result in responsibilities among the various F2, N, and NP helicopters, both loss of the tail boom and subsequent loss of levels of government. Revision 0 and dated March 24, 2014. control of the helicopter. EASB No. 05.00.70 and EASB No. For the reasons discussed above, I (c) Affected ADs certify that this AD: 05.00.62 describe procedures for This AD supersedes AD 2014–07–52, inspecting the angle reinforcements for (1) Is not a ‘‘significant regulatory Amendment 39–17858 (79 FR 33054, June a crack. This service information is action’’ under Executive Order 12866; 10, 2014).

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(d) Effective Date (i) Additional Information DEPARTMENT OF TRANSPORTATION This AD becomes effective April 8, 2016. The subject of this AD is addressed in Federal Aviation Administration (e) Compliance European Aviation Safety Agency (EASA) AD 2014–0076–E, dated March 25, 2014. You You are responsible for performing each may view the EASA AD on the Internet at 14 CFR Part 39 action required by this AD within the http://www.regulations.gov in Docket No. specified compliance time unless it has FAA–2015–2568. [Docket No. FAA–2015–3607; Directorate already been accomplished prior to that time. Identifier 2015–CE–010–AD; Amendment (j) Subject (f) Required Actions 39–18398; AD 2016–04–04] (1) For helicopters with 640 or more hours Joint Aircraft Service Component (JASC) time-in-service (TIS) since installation of Code: 5302: Rotorcraft Tailboom. RIN 2120–AA64 MOD 073215 or since installation of an (k) Material Incorporated by Reference applicable reinforcement angle, within 10 Airworthiness Directives; M7 hours TIS, and thereafter at intervals not (1) The Director of the Federal Register Aerospace LLC Airplanes exceeding 10 hours TIS, inspect each approved the incorporation by reference reinforcement angle for a crack as depicted (IBR) of the service information listed in this AGENCY: Federal Aviation in Figure 1 of Airbus Helicopters Emergency paragraph under 5 U.S.C. 552(a) and 1 CFR Administration (FAA), DOT. Alert Service Bulletin No. 05.00.70 for Model part 51. ACTION: Final rule. AS350B, AS350BA, AS350B1, AS350B2, (2) You must use this service information AS350B3, AS350C, AS350D, and AS350D1 as applicable to do the actions required by SUMMARY: We are adopting a new helicopters and Airbus Helicopters this AD, unless the AD specifies otherwise. airworthiness directive (AD) for all M7 Emergency Alert Service Bulletin No. (3) The following service information was Aerospace LLC Models SA26–AT, 05.00.62 for AS355E, AS355F, AS355F1, approved for IBR on June 25, 2014 (79 FR SA226–T(B), SA226–AT, SA226–T, AS355F2, AS355N, and AS355NP 33054, June 10, 2014). SA226–TC, SA227–AC (C–26A), helicopters, both Revision 0 and dated March (i) Airbus Helicopters Emergency Alert SA227–AT, SA227–BC (C–26A), 24, 2014. Service Bulletin (EASB) No. 05.00.62, SA227–CC, SA227–DC (C–26B), and (2) If there is a crack, before further flight, Revision 0, dated March 24, 2014. repair the reinforcement angle in a manner SA227–TT airplanes. This AD was (ii) Airbus Helicopters EASB No. 05.00.70, prompted by information that the approved by the manager listed in paragraph Revision 0, dated March 24, 2014. (h)(1) of this AD. airplane flight manual (AFM) does not (3) Within 165 hours TIS after the first Note 2 to paragraph (k)(3): Airbus provide adequate guidance in the inspection required by paragraph (f)(1) of this Helicopters EASB No. 05.00.62 and EASB handling of engine failures, which may AD, and thereafter at intervals not exceeding No. 05.00.70, both Revision 0 and dated lead to reliance on the negative torque 165 hours TIS, remove screw No. 5 from the March 24, 2014, are co-published as one system (NTS) for reducing drag. This reinforcement angle, thoroughly clean the document along with Airbus Helicopters condition could lead the pilot to not area around the hole and inspect the EASB No. 05.00.45 and EASB No. 05.00.41, fully feather the propeller with reinforcement angle for a crack. If there is not both Revision 0 and dated March 24, 2014, consequent loss of control. This AD a crack, reinstall the screw. Sequentially which are not incorporated by reference in requires inserting updates into the repeat the steps required by this paragraph this AD. airplane flight manual (AFM) and/or the for screws No. 6 through No. 12. If there is (4) For Airbus Helicopters service pilot operating handbook (POH) that a crack, comply with paragraph (f)(2) of this information identified in this final rule, AD. Accomplishment of the inspection will clearly establish that the NTS is not contact Airbus Helicopters, Inc., 2701 N. required by this paragraph terminates the designed to automatically feather the repetitive inspections required by paragraph Forum Drive, Grand Prairie, TX 75052; propeller but only to provide drag (f)(1) of this AD. telephone (972) 641–0000 or (800) 232–0323; protection. We are issuing this AD to fax (972) 641–3775; or at http:// correct the unsafe condition on these (g) Special Flight Permits www.airbushelicopters.com/techpub. products. Special flight permits are prohibited. (5) You may view this service information at FAA, Office of the Regional Counsel, DATES: This AD is effective April 8, (h) Alternative Methods of Compliance 2016. (AMOCs) Southwest Region, 10101 Hillwood Pkwy, Room 6N–321, Fort Worth, TX 76177. For The Director of the Federal Register (1) The Manager, Safety Management information on the availability of this approved the incorporation by reference Group, FAA, may approve AMOCs for this material at the FAA, call (817) 222–5110. of certain publications listed in this AD AD. Send your proposal to: Robert Grant, (6) You may view this service information as of April 8, 2016. Aviation Safety Engineer, Safety Management Group, FAA, 10101 Hillwood Pkwy, Fort that is incorporated by reference at the ADDRESSES: For service information Worth, TX 76177; telephone (817) 222–5110; National Archives and Records identified in this AD, contact M7 email [email protected]. Administration (NARA). For information on Aerospace LLC, 10823 NE Entrance (2) For operations conducted under a 14 the availability of this material at NARA, call Road, San Antonio, Texas 78216; phone: CFR part 119 operating certificate or under (202) 741–6030, or go to: http:// (210) 824–9421; fax: (210) 804–7766; 14 CFR part 91, subpart K, we suggest that www.archives.gov/federal-register/cfr/ibr- Internet: http://www.elbitsystems- you notify your principal inspector, or locations.html. us.com; email: MetroTech@ lacking a principal inspector, the manager of Issued in Fort Worth, Texas, on February M7Aerospace.com. You may view this the local flight standards district office or 25, 2016. referenced service information at the certificate holding district office, before FAA, Small Airplane Directorate, 901 Scott A. Horn, operating any aircraft complying with this Locust, Kansas City, Missouri 64106. AD through an AMOC. Acting Manager, Rotorcraft Directorate, (3) AMOCs approved previously in For information on the availability of Aircraft Certification Service. this material at the FAA, call 816–329– accordance with AD 2014–07–52, [FR Doc. 2016–04678 Filed 3–3–16; 8:45 am] Amendment 39–17858 (79 FR 33054, June 4148. It is also available on the Internet 10, 2014) are approved as AMOCs for the BILLING CODE 4910–13–P at http://www.regulations.gov by corresponding requirements of paragraph searching for and locating Docket No. (f)(2) of this AD. FAA–2015–3607.

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Examining the AD Docket protection. We are issuing this AD to 3–3 through 3–30, revised November 14, correct the unsafe condition on these 2014; You may examine the AD docket on • the Internet at http:// products. M7 Aerospace LLC Fairchild Aircraft Model SA227–AC (4MC) Metro www.regulations.gov by searching for Comments and locating Docket No. FAA–2015– III AFM, Revision A–12, section 3, pages 3607; or in person at the Docket We gave the public the opportunity to 3–4 through 3–30, revised November 14, Management Facility between 9 a.m. participate in developing this AD. We 2014; and pages 3–31 through 3–36, received no comments on the NPRM (80 FAA Approved November 14, 2014; and 5 p.m., Monday through Friday, • except Federal holidays. The AD docket FR 51495, August 25, 2015) or on the M7 Aerospace LLC Fairchild contains this AD, the regulatory determination of the cost to the public. Aircraft Model SA227–AC (6AC) Metro III AFM, Revision A–16, section 3, pages evaluation, any comments received, and Conclusion other information. The address for the 3–4 through 3–20, revised November 14, We reviewed the relevant data and Docket Office (phone: 800–647–5527) is 2014; determined that air safety and the • M7 Aerospace LLC Fairchild Document Management Facility, U.S. public interest require adopting this AD Aircraft Model SA227–AC (7AC) Metro Department of Transportation, Docket as proposed except for minor editorial III AFM, Revision B–19, section 3, pages Operations, M–30, West Building changes. We have determined that these 3–3 through 3–30, revised December 9, Ground Floor, Room W12–140, 1200 minor changes: 2014; and pages 3–31 through 3–34, New Jersey Avenue SE., Washington, • Are consistent with the intent that FAA Approved December 9, 2014; DC 20590. was proposed in the NPRM (80 FR • M7 Aerospace LLC Fairchild FOR FURTHER INFORMATION CONTACT: 51495, August 25, 2015) for correcting Aircraft SA227–AC (7MC) Metro III Michael Heusser, Aerospace Engineer, the unsafe condition; and AFM, Revision A–13, section 3, pages FAA, Fort Worth Aircraft Certification • Do not add any additional burden 3–4 through 3–30, revised December 9, Office, 10101 Hillwood Parkway, Fort upon the public than was already 2014; and pages 3–31 through 3–34, Worth, Texas 76177; telephone: (817) proposed in the NPRM (80 FR 51495, FAA Approved December 9, 2014; 222–5038; fax: (817) 222–5960; email: August 25, 2015). • M7 Aerospace LLC Fairchild [email protected]. Aircraft SA227–AC (8AC) Metro III Related Service Information Under 1 SUPPLEMENTARY INFORMATION: AFM, Revision A–15, section 3, pages CFR Part 51 Discussion 3–4 through 3–30, revised December 9, We reviewed the following M7 2014; and pages 3–31 through 3–34, We issued a notice of proposed Aerospace LLC service information: FAA Approved December 9, 2014; rulemaking (NPRM) to amend 14 CFR • M7 Aerospace LLC Merlin SA26– • M7 Aerospace LLC Fairchild part 39 by adding an AD that would AT Dash One Airplane Flight Manual Aircraft SA227–AT (4AT) Merlin IVC, apply to all M7 Aerospace LLC Models (AFM), Revision, section III, pages III– Pilot’s Operating Handbook (POH)/ SA26–AT, SA226–T(B), SA226–AT, 1 through III–6, revised May 14, 2015; AFM, Revision A–12, section 3, pages SA226–T, SA226–TC, SA227–AC (C– and pages III–7 through III–8, FAA 3–4 through 3–30, revised November 14, 26A), SA227–AT, SA227–BC (C–26A), Approved May 14, 2015; 2014; and pages 3–31 through 3–34, SA227–CC, SA227–DC (C–26B), and • M7 Aerospace LLC Merlin SA26– FAA Approved November 14, 2014; SA227–TT airplanes. The NPRM AT Dash Two, AFM, Revision, section • M7 Aerospace LLC Fairchild published in the Federal Register on III, pages III–1 through III–6, revised Aircraft SA227–AT (6AT) Merlin IVC August 25, 2015 (80 FR 51495). The May 14, 2015, and pages III–7 through POH/AFM, Revision 13, section 3, pages NPRM was prompted by a report of an III–8, FAA Approved May 14, 2015; 3–4 through 3–30, revised November 14, accident where an M7 Aerospace LLC • M7 Aerospace LLC Swearingen 2014; and pages 3–31 through 3–36, Model SA227–AC airplane experienced Merlin SA226–T AFM, Revision A–29, FAA Approved November 14, 2014; left engine power loss and consequent section III, pages III–2 though III–25, • M7 Aerospace LLC Fairchild loss of control. Training manuals revised November 14, 2014, and page Aircraft SA227–AT (7AT) Merlin IVC provide descriptions of the negative III–26, FAA Approved November 14, POH/AFM, Revision B–12, section 3, torque system (NTS), which provides 2014; pages 3–4 through 3–30, revised partial anti-drag protection if a negative • M7 Aerospace LLC Swearingen December 9, 2014, and pages 3–31 torque condition is sensed. This feature Merlin SA226–AT AFM, Revision B–33, through 3–34, FAA Approved December might cause pilots to assume the system section III, pages III–2 through III–24, 9, 2014; automatically provides full anti-drag revised November 14, 2014, and pages • M7 Aerospace LLC Fairchild protection in the event of an engine III–25 through III–30, FAA approved Aircraft SA227–AT (8AT) Merlin IVC failure or power loss. The pilot must November 14, 2014; POH/AFM, Revision 13, section 3, pages also take prompt action to fully feather • M7 Aerospace LLC Merlin IIIB 3–4 through 3–30, revised December 9, the propeller on the failed engine to SA226–T(B) AFM, Revision B–29, 2014; and pages 3–31 through 3–34, reduce drag. A pilot’s sole reliance on section 3, pages 3–2 through page 3–20, FAA Approved December 9, 2014; the NTS for reducing drag in the event revised November 14, 2014; and pages • M7 Aerospace LLC Fairchild of engine power loss may result in the 3–21 through 3–24, issued November Aircraft SA227–BC (6BC) AFM, pilot’s failure to initiate the Engine 14, 2014; Revision 21, section 3, pages 3–4 Failure Inflight checklist and feather the • M7 Aerospace LLC Swearingen through 3–30, revised December 9, propellers in time. Metro SA226–TC AFM, Revision A–43, 2014; and pages 3–31 through 3–36, The NPRM proposed to require section III, pages III–2 through page III– FAA Approved December 9, 2014; inserting updates into the airplane flight 24, revised November 14, 2014; and • M7 Aerospace LLC Fairchild manual (AFM) and/or the pilot pages III–25 through III–32, FAA Aircraft SA227–CC (6CC) AFM, operating handbook (POH) that will Approved November 14, 2014; Revision 17, section 3, pages 3–3 clearly establish that the NTS is not • M7 Aerospace LLC Fairchild through 3–24, revised December 9, designed to automatically feather the Aircraft Model SA227–AC (4AC) Metro 2014; and pages 3–25 through 3–30, propeller but only to provide drag III AFM, Revision B–11, section 3, pages FAA Approved December 9, 2014;

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• M7 Aerospace LLC Fairchild 31 through 3–34, FAA Approved These revisions to the AFM and POH Aircraft SA227–DC (6DC) AFM, December 9, 2014; clearly establish that the NTS is not Revision 34, section 3, pages 3–3 • M7 Aerospace LLC Fairchild 300 designed to automatically feather the through 3–26, revised December 9, Aircraft SA227–TT (312) POH/AFM, propeller but only to provide drag 2014; and pages 3–27 through 3–32, Revision 13, section 3, page 3–3 and protection. This service information is FAA Approved December 9, 2014; pages 3–5 through 3–30, revised reasonably available because the • M7 Aerospace LLC Fairchild interested parties have access to it December 9, 2014, and pages 3–31 Aircraft SA227–DC (8DC) AFM, through their normal course of business through 3–32, FAA Approved December Revision 8, section 3, pages 3–3 through or by the means identified in the 9, 2014; and 3–26, revised December 9, 2014; and ADDRESSES section. pages 3–27 through 3–34, FAA • M7 Aerospace LLC Fairchild Model Costs of Compliance Approved December 9, 2014; SA227–TT Merlin IIIC Aircraft POH/ • M7 Aerospace LLC Fairchild 300 AFM, Revision 29, section 3, pages 3– We estimate that this AD affects 360 Aircraft SA227–TT POH/AFM, Revision 3 through 3–24, revised December 9, airplanes of U.S. registry. 15, section 3, pages 3–3 through 3–30, 2014, and pages 3–25 through 3–32, We estimate the following costs to revised December 9, 2014; and pages 3– issued December 9, 2014. comply with this AD:

ESTIMATED COSTS

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

Insert revision into the appropriate AFM describing action to .5 work-hour × $85 per hour = * NA $42.50 $15,300 take when feathering propellers in the event of engine fail- $42.50. ure. * Not applicable.

Authority for This Rulemaking (2) Is not a ‘‘significant rule’’ under (b) Affected ADs DOT Regulatory Policies and Procedures None. Title 49 of the United States Code (44 FR 11034, February 26, 1979), specifies the FAA’s authority to issue (c) Applicability (3) Will not affect intrastate aviation rules on aviation safety. Subtitle I, This AD applies to M7 Aerospace LLC section 106, describes the authority of in Alaska, and Models SA26–AT, SA226–T(B), SA226–AT, the FAA Administrator. Subtitle VII: (4) Will not have a significant SA226–T, SA226–TC, SA227–AC (C–26A), Aviation Programs, describes in more economic impact, positive or negative, SA227–AT, SA227–BC (C–26A), SA227–CC, SA227–DC (C–26B), and SA227–TT detail the scope of the Agency’s on a substantial number of small entities under the criteria of the Regulatory airplanes, all serial numbers, certificated in authority. any category. Flexibility Act. We are issuing this rulemaking under (d) Subject the authority described in Subtitle VII, List of Subjects in 14 CFR Part 39 Part A, Subpart III, Section 44701: Air Transport Association of America (ATA) Code 01, Operations Information. ‘‘General requirements.’’ Under that Air transportation, Aircraft, Aviation section, Congress charges the FAA with safety, Incorporation by reference, (e) Unsafe Condition promoting safe flight of civil aircraft in Safety. This AD was prompted by information that air commerce by prescribing regulations Adoption of the Amendment a pilot’s sole reliance on the negative torque for practices, methods, and procedures system (NTS) for reducing drag in the event the Administrator finds necessary for Accordingly, under the authority of engine power loss may result in the pilot’s safety in air commerce. This regulation delegated to me by the Administrator, failure to initiate the Engine Failure Inflight the FAA amends 14 CFR part 39 as checklist and feather the propellers in time. is within the scope of that authority This could lead the pilot to not fully feather because it addresses an unsafe condition follows: the propeller with consequent loss of control. that is likely to exist or develop on We are issuing this AD to add information to products identified in this rulemaking PART 39—AIRWORTHINESS the airplane flight manual (AFM) and/or action. DIRECTIVES Pilot’s Operating Handbook (POH) that reliance on the NTS to reduce drag during an Regulatory Findings ■ 1. The authority citation for part 39 engine failure could lead the pilot to not fully continues to read as follows: feather the propeller with consequent loss of This AD will not have federalism control. implications under Executive Order Authority: 49 U.S.C. 106(g), 40113, 44701. (f) Compliance 13132. This AD will not have a § 39.13 [Amended] substantial direct effect on the States, on Unless already done, within the next 30 the relationship between the national ■ 2. The FAA amends § 39.13 by adding days after April 8, 2016 (the effective date of government and the States, or on the the following new airworthiness this AD), do the actions in paragraph (g) of distribution of power and this AD, as applicable, including all directive (AD): subparagraphs. responsibilities among the various 2016–04–04 M7 Aerospace LLC: (g) Actions levels of government. Amendment 39–18398; Docket No. For the reasons discussed above, I FAA–2015–3607; Directorate Identifier Incorporate the applicable M7 Aerospace certify that this AD: 2015–CE–010–AD. LLC AFM revisions as listed in paragraphs (g)(1) through (g)(12) of this AD: (1) Is not a ‘‘significant regulatory (a) Effective Date (1) For Model SA26–AT Dash One action’’ under Executive Order 12866, This AD is effective April 8, 2016. airplanes: Insert section III, pages III–1

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through III–6, revised May 14, 2015; and pages 3–25 through 3–32, issued December 9, attention of the person identified in pages III–7 through III–8, FAA Approved 2014; into the SA227–TT Merlin IIIC POH/ paragraph (i)(1) of this AD. May 14, 2015; into the Merlin Model SA– AFM, Reissue A, dated August 7, 1981. (2) Before using any approved AMOC, 26AT Dash One AFM, Revision. (11) For Model SA227–AC (C–26A) notify your appropriate principal inspector, (2) For Model SA26–AT Dash Two airplanes: or lacking a principal inspector, the manager airplanes: Insert section III, pages III–1 (i) Model 4AC: Insert section 3, pages 3–3 of the local flight standards district office/ through III–6, revised May 14, 2015; and through 3–30, revised November 14, 2014; certificate holding district office. pages III–7 through III–8, FAA Approved into the Fairchild Aircraft Model SA227–AC (i) Related Information May 14, 2015; into the Merlin Model SA– Metro III AFM, Reissue B, dated November 26AT Dash Two AFM, Revision. 7, 1990. For more information about this AD, (3) For Model SA226–T airplanes: Insert (ii) Model 4MC: Insert section 3, pages 3– contact Michael Heusser, Aerospace section III, pages III–2 though III–25, revised 4 through 3–30, revised November 14, 2014; Engineer, FAA, Fort Worth Aircraft November 14, 2014, and page III–26, FAA and pages 3–31 through 3–36, FAA Certification Office, 10101 Hillwood approved November 14, 2014, into the Approved November 14, 2014, into the Parkway, Fort Worth, Texas 76177; Swearingen Merlin SA226–T AFM, Reissue Fairchild Aircraft Model SA227–AC Metro III telephone: (817) 222–5038; fax: (817) 222– A, dated June 28, 1976. AFM, Reissue A, dated May 22, 1989. 5960; email: [email protected]. (4) For Model SA226–AT airplanes: Insert (iii) Model 7AC: Insert section 3, pages 3– (j) Material Incorporated by Reference section III, pages III–2 through III–24, revised 3 through 3–30, revised December 9, 2014; (1) The Director of the Federal Register November 14, 2014, and pages III–25 through and pages 3–31 through 3–34, FAA approved the incorporation by reference III–30, FAA approved November 14, 2014, Approved December 9, 2014, into the (IBR) of the service information listed in this into the Merlin SA226–AT AFM, Reissue B, Fairchild Aircraft Model SA227–AC Metro III paragraph under 5 U.S.C. 552(a) and 1 CFR dated May 6, 1977. AFM, Reissue B, dated April 2, 1986. part 51. (5) For Model SA226–T(B) airplanes: Insert (iv) Model 7MC: Insert section 3, pages 3– (2) You must use this service information section 3, pages 3–2, through page 3–20, 4 through 3–30, revised December 9, 2014; as applicable to do the actions required by revised November 14, 2014; and pages 3–21 and pages 3–31 through 3–34, FAA this AD, unless the AD specifies otherwise. through 3–24, issued November 14, 2014; Approved December 9, 2014, into the (i) M7 Aerospace LLC Merlin SA26–AT into the Merlin IIB SA226–T(B) AFM, Fairchild Aircraft Model SA227–AC Metro III Dash One Airplane Flight Manual (AFM), Reissue B, dated November 2, 1979. AFM, Reissue A, dated May 22, 1989. Revision, section III, pages III–1 through III– (6) For Model SA226–TC airplanes: Insert (v) Model 8AC: Insert section 3, pages 3– 6, revised May 14, 2015; and pages III–7 section III, pages III–2 through page III–24, 4 through 3–30, revised December 9, 2014; through III–8, FAA Approved May 14, 2015; revised November 14, 2014; and pages III–25 and pages 3–31 through 3–34, FAA (ii) M7 Aerospace LLC Merlin SA26–AT through III–32, FAA Approved November 14, Approved December 9, 2014, into the Dash Two, AFM, Revision, section III, pages 2014; into the Swearingen Metro SA226–TC Fairchild Aircraft Model SA227–AC Metro III III–1 through III–6, revised May 14, 2015, and AFM, Reissue A, dated December 1, 1976. AFM, Reissue A, dated May 22, 1989. pages III–7 through III–8, FAA Approved (7) For Model SA227–AT airplanes: (vi) Model 6AC: Insert section 3, pages 3– May 14, 2015; (i) Model 4AT: Insert section 3, pages 3–4 4 through 3–20, revised November 14, 2014; (iii) M7 Aerospace LLC Swearingen Merlin through 3–30, revised November 14, 2014; into the Fairchild Aircraft Model SA227–AC SA226–T AFM, Revision A–29, section III, and pages 3–31 through 3–34, FAA Metro III AFM, Reissue A, dated May 22, pages III–2 though III–25, revised November Approved November 14, 2014; into the 1989. 14, 2014, and page III–26, FAA Approved Model SA227–AT (4AT) Merlin IVC POH/ (12) For Model SA227–BC (6BC) airplanes: November 14, 2014; AFM, Reissue A, dated November 30, 1988; Insert section 3, pages 3–4 through 3–30, (iv) M7 Aerospace LLC Swearingen Merlin (ii) Model 6AT: Insert section 3, pages 3– revised December 9, 2014; and pages 3–31 SA226–AT AFM, Revision B–33, section III, 4 through 3–30, revised November 14, 2014; through 3–36, FAA Approved December 9, pages III–2 through III–24, revised November and pages 3–31 through 3–36, FAA 2014, into the Fairchild Aircraft Model 14, 2014, and pages III–25 through III–30, Approved November 14, 2014 into the SA227–BC AFM, dated September 25, 1989. FAA November 14, 2014; SA227–AT (6AT) Merlin IVC POH/AFM, (13) For Model SA227–DC (C–26B) (v) M7 Aerospace LLC Merlin IIIB SA226– dated May 13, 1987. airplanes: T(B) AFM, Revision B–29, section 3, pages 3– (iii) Model 7AT: Insert section 3, pages 3– (i) Model (6DC): Insert section 3, pages 3– 2 through page 3–20, revised November 14, 4 through 3–30, revised December 9, 2014, 3 through 3–26, revised December 9, 2014; 2014; and pages 3–21 through 3–24, issued and pages 3–31 through 3–34, FAA and pages 3–27 through 3–32, FAA November 14, 2014; Approved December 9, 2014, into the Approved December 9, 2014, into the (vi) M7 Aerospace LLC Swearingen Metro SA227–AT (7AT) Merlin IVC POH/AFM, Fairchild Aircraft Model SA227–DC AFM, SA226–TC AFM, Revision A–43, section III, Reissue B, dated November 30, 1988. dated August 23, 1991. pages III–2 through page III–24, revised (iv) Model 8AT: Insert section 3, pages 3– (ii) Model (8DC): Insert section 3, pages 3– November 14, 2014; and pages III–25 through 4 through 3–30, revised December 9, 2014; 3 through 3–31, revised December 9, 2014; III–32, FAA Approved November 14, 2014; and pages 3–31 through 3–34, FAA and pages 3–32 through 3–34, FAA (vii) M7 Aerospace LLC Fairchild Aircraft Approved December 9, 2014; into the Approved December 9, 2014; into the Model SA227–AC (4AC) Metro III AFM, SA227–AT (8AT) Merlin IVC POH/AFM, Fairchild Aircraft Model SA227–DC AFM. Revision B–11, section 3, pages 3–3 through dated May 13, 1987. (14) For Model SA227–CC (6CC) airplanes: 3–30, revised November 14, 2014; (8) For Model SA227–TT Fairchild 300 Insert section 3, pages 3–3 through 3–24, (viii) M7 Aerospace LLC Fairchild Aircraft airplanes: Insert section 3, pages 3–3 through revised December 9, 2014; and pages 3–25 Model SA227–AC (4MC) Metro III AFM, 3–30, revised December 9, 2014; and pages through 3–30, FAA Approved December 9, Revision A–12, section 3, pages 3–4 through 3–31 through 3–34, FAA Approved 2014; into the Fairchild Aircraft Model 3–30, revised November 14, 2014; and pages December 9, 2014; into the SA227–TT SA227–CC AFM, dated December 11, 1992. 3–31 through 3–36, FAA Approved Fairchild 300 POH/AFM, Reissue A, dated November 14, 2014; August 7, 1981. (h) Alternative Methods of Compliance Note 1 to paragraph (j)(2)(viii): The list of (9) For Model SA227–TT Fairchild 312 (AMOCs) effective pages for this manual on page 0-iv airplanes: Insert section 3, page 3–3 and (1) The Manager, Fort Worth Aircraft incorrectly identifies the effective date for pages 3–5 through 3–30, revised December 9, Certification Office, FAA, has the authority to page 3–4 as October 17, 1994. The correct 2014; and pages 3–31 through 3–32, FAA approve AMOCs for this AD, if requested date is November 14, 2014. Approved December 9, 2014; into the Model using the procedures found in 14 CFR 39.19. (ix) M7 Aerospace LLC Fairchild Aircraft SA227–TT Fairchild 300 (312) 12,500 LBS In accordance with 14 CFR 39.19, send your Model SA227–AC (6AC) Metro III AFM, POH/AFM, dated October 4, 1981. request to your principal inspector or local Revision A–16, section 3, pages 3–4 through (10) For Model SA227–TT Fairchild Merlin Flight Standards District Office, as 3–20, revised November 14, 2014; IIIC airplanes: Insert section 3, pages 3–3 appropriate. If sending information directly (x) M7 Aerospace LLC Fairchild Aircraft through 3–24, revised December 9, 2014, and to the manager of the ACO, send it to the Model SA227–AC (7AC) Metro III AFM,

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Revision B–19, section 3, pages 3–3 through Note 2 to paragraph (j)(2) of this AD: ADDRESSES: FAA Order 7400.9Z, 3–30, revised December 9, 2014; and pages While not specifically identified on the Airspace Designations and Reporting 3–31 through 3–34, FAA Approved manuals, paragraphs (j)(2)(vii) through Points, and subsequent amendments can December 9, 2014; (j)(2)(xii) apply to the military version C– be viewed online at http://www.faa.gov/ (xi) M7 Aerospace LLC Fairchild Aircraft 26A, and paragraphs (j)(2)(xix) and (j)(2)(xx) _ SA227–AC (7MC) Metro III AFM, Revision apply to the military version C–26B of these air traffic/publications/. For further A–13, section 3, pages 3–4 through 3–30, airplanes. information, you can contact the revised December 9, 2014; and pages 3–31 (3) For M7 Aerospace LLC service Airspace Policy Group, Federal Aviation through 3–34, FAA Approved December 9, information identified in this AD, contact M7 Administration, 800 Independence 2014; Aerospace LLC, 10823 NE Entrance Road, Avenue SW., Washington, DC 29591; (xii) M7 Aerospace LLC Fairchild Aircraft San Antonio, Texas 78216; phone: (210) 824– telephone: 202–267–8783. The Order is SA227–AC (8AC) Metro III AFM, Revision 9421; fax: (210) 804–7766; Internet: http:// also available for inspection at the A–15, section 3, pages 3–4 through 3–30, www.elbitsystems-us.com; email: revised December 9, 2014; and pages 3–31 National Archives and Records [email protected]. through 3–34, FAA Approved December 9, Administration (NARA). For (4) You may view this referenced service 2014; information on the availability of FAA (xiii) M7 Aerospace LLC Fairchild Aircraft information at the FAA, Small Airplane Order 7400.9Z at NARA, call 202–741– Directorate, 901 Locust, Kansas City, SA227–AT (4AT) Merlin IVC, Pilot’s 6030, or go to http://www.archives.gov/ Operating Handbook (POH)/AFM, Revision Missouri 64106. For information on the _ _ _ availability of this material at the FAA, call federal register/code of federal- A–12, section 3, pages 3–4 through 3–30, regulations/ibr_locations.html. revised November 14, 2014; and pages 3–31 816–329–4148. through 3–34, FAA Approved November 14, (5) You may view this service information FAA Order 7400.9, Airspace 2014; that is incorporated by reference at the Designations and Reporting Points, is (xiv) M7 Aerospace LLC Fairchild Aircraft National Archives and Records published yearly and effective on SA227–AT (6AT) Merlin IVC POH/AFM, Administration (NARA). For information on September 15. the availability of this material at NARA, call Revision 13, section 3, pages 3–4 through 3– FOR FURTHER INFORMATION CONTACT 202–741–6030, or go to: http:// : 30, revised November 14, 2014; and pages 3– Jeffrey Claypool, Federal Aviation 31 through 3–36, FAA Approved November www.archives.gov/federal-register/cfr/ibr- 14, 2014; locations.html. Administration, Operations Support Group, Central Service Center, 10101 (xv) M7 Aerospace LLC Fairchild Aircraft Issued in Kansas City, Missouri, on SA227–AT (7AT) Merlin IVC POH/AFM, February 10, 2016. Hillwood Parkway, Fort Worth, TX, Revision B–12, section 3, pages 3–4 through 76177; telephone (817) 222–5711. Pat Mullen, 3–30, revised December 9, 2014, and pages SUPPLEMENTARY INFORMATION: 3–31 through 3–34, FAA Approved Acting Manager, Small Airplane Directorate, December 9, 2014; Aircraft Certification Service. Authority for This Rulemaking (xvi) M7 Aerospace LLC Fairchild Aircraft [FR Doc. 2016–03171 Filed 3–3–16; 8:45 am] The FAA’s authority to issue rules SA227–AT (8AT) Merlin IVC POH/AFM, BILLING CODE 4910–13–P Revision 13, section 3, pages 3–4 through 3– regarding aviation safety is found in 30, revised December 9, 2014; and pages 3– Title 49 of the United States Code. 31 through 3–34, FAA Approved December DEPARTMENT OF TRANSPORTATION Subtitle I, Section 106 describes the 9, 2014; authority of the FAA Administrator. (xvii) M7 Aerospace LLC Fairchild Aircraft Federal Aviation Administration Subtitle VII, Aviation Programs, SA227–BC (6BC) AFM, Revision 21, section describes in more detail the scope of the 3, pages 3–4 through 3–30, revised December 9, 2014; and pages 3–31 through 3–36, FAA 14 CFR Part 71 agency’s authority. This rulemaking is Approved December 9, 2014; promulgated under the authority [Docket No. FAA–2016–3695; Airspace described in Subtitle VII, Part A, (xviii) M7 Aerospace LLC Fairchild Docket No. 16–AGL–5] Aircraft SA227–CC (6CC) AFM, Revision 17, Subpart I, Section 40103. Under that section 3, pages 3–3 through 3–24, revised Amendment of Class E Airspace for section, the FAA is charged with December 9, 2014; and pages 3–25 through prescribing regulations to assign the use 3–30, FAA Approved December 9, 2014; the Following North Dakota Towns; Harvey, ND, and Rolla, ND of airspace necessary to ensure the (xix) M7 Aerospace LLC Fairchild Aircraft safety of aircraft and the efficient use of SA227–DC (6DC) AFM, Revision 34, section AGENCY: Federal Aviation 3, pages 3–3 through 3–26, revised December airspace. This regulation is within the 9, 2014; and pages 3–27 through 3–32, FAA Administration (FAA), DOT. scope of that authority as it amends Approved December 9, 2014; ACTION: Final rule. controlled airspace at Harvey Municipal (xx) M7 Aerospace LLC Fairchild Aircraft Airport, Harvey, ND; and Rolla SA227–DC (8DC) AFM, Revision 8, section 3, SUMMARY: This action amends Class E Municipal Airport, Rolla, ND. pages 3–3 through 3–26, revised December 9, airspace by updating the geographic 2014; and pages 3–27 through 3–34, FAA coordinates at Harvey Municipal History Approved December 9, 2014; Airport, Harvey, ND; and Rolla In a review of the airspace, the FAA (xxi) M7 Aerospace LLC Fairchild 300 Municipal Airport, Rolla, ND. The found the airspace for Harvey Municipal Aircraft SA227–TT POH/AFM, Revision 15, coordinates for Minot AFB and the Airport, Harvey, ND; and Rolla section 3, pages 3–3 through 3–30, revised Devils Lake VHF Omnidirectional December 9, 2014; and pages 3–31 through Municipal Airport, Rolla, ND, as 3–34, FAA Approved December 9, 2014; Range/Distance Measuring Equipment published in FAA Order 7400.9Z, (xxii) M7 Aerospace LLC Fairchild 300 (VOR/DME) are also updated to Airspace Designations and Reporting Aircraft SA227–TT (312) POH/AFM, coincide with the FAA’s database. Points, required the geographic Revision 13, section 3, page 3–3 and pages DATES: Effective 0901 UTC, May 26, coordinates of the above airports, Minot 3–5 through 3–30, revised December 9, 2014, 2016. The Director of the Federal AFB, Minot, ND; and the Devil’s Lake and pages 3–31 through 3–32, FAA Register approves this incorporation by VOR/DME to be updated. This is an Approved December 9, 2014; and administrative change and does not (xxiii) M7 Aerospace LLC Fairchild Model reference action under Title 1, Code of SA227–TT Merlin IIIC Aircraft POH/AFM, Federal Regulations, part 51, subject to affect the boundaries or operating Revision 29, section 3, pages 3–3 through 3– the annual revision of FAA Order requirements of the above airports. 24, revised December 9, 2014, and pages 3– 7400.9 and publication of conforming Class E airspace designations are 25 through 3–32, issued December 9, 2014. amendments. published in paragraph 6005 of FAA

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Order 7400.9Z dated August 6, 2015, Environmental Review longitude 99°19′00″ W., excluding all Federal and effective September 15, 2015, which airways. is incorporated by reference in 14 CFR The FAA has determined that this * * * * * 71.1. The Class E airspace designations action qualifies for categorical exclusion under the National Environmental AGL ND E5 Rolla, ND [Amended] listed in this document will be Policy Act in accordance with FAA Rolla Municipal Airport, ND published subsequently in the Order. Order 1050.1F, ‘‘Environmental (Lat. 48°53′04″ N., long. 99°37′15″ W.) Impacts: Policies and Procedures,’’ Devils Lake VOR/DME Availability and Summary of ° ′ ″ ° ′ ″ Documents for Incorporation by paragraph 5–6.5.a. This airspace action (Lat. 48 06 55 N., long. 98 54 45 W.) Reference is not expected to cause any potentially That airspace extending upward from 700 significant environmental impacts, and feet above the surface within a 7.3-mile This document amends FAA Order radius of Rolla Municipal Airport, excluding no extraordinary circumstances exist ° ′ ″ 7400.9Z, Airspace Designations and that airspace north of lat. 49 00 00 N.; and that warrant preparation of an that airspace extending upward from 1,200 Reporting Points, dated August 6, 2015, environmental assessment. feet above the surface within an area and effective September 15, 2015. FAA ° ′ ″ Lists of Subjects in 14 CFR Part 71 bounded on the north by lat. 49 00 00 N., on Order 7400.9Z is publicly available as the east by long. 99°00′00″ W., on the listed in the ADDRESSES section of this Airspace, Incorporation by reference, southeast by the 22-mile arc of the Devils document. FAA Order 7400.9Z lists Navigation (air). Lake VOR/DME, on the south by V–430, on Class A, B, C, D, and E airspace areas, the southwest by the Rugby, ND, Class E air traffic service routes, and reporting Adoption of the Amendment airspace area, and on the west by long. 99°49′00″ W. points. In consideration of the foregoing, the Issued in Fort Worth, Texas, on February The Rule Federal Aviation Administration amends 14 CFR part 71 as follows: 19, 2016. This action amends Title 14, Code of Walter Tweedy, Federal Regulations (14 CFR) part 71, PART 71—DESIGNATION OF CLASS A, Acting Manager, Operations Support Group, updating the geographic coordinates for B, C, D, AND E AIRSPACE AREAS; AIR ATO Central Service Center. Class E airspace extending upward from TRAFFIC SERVICE ROUTES; AND [FR Doc. 2016–04202 Filed 3–3–16; 8:45 am] 700 feet above the surface at Harvey REPORTING POINTS BILLING CODE 4910–13–P Municipal Airport, Harvey, ND; Rolla Municipal Airport, Rolla, ND; Minot ■ 1. The authority citation for Part 71 AFB, Minot ND; and the Devils Lake continues to read as follows: DEPARTMENT OF TRANSPORTATION VOR/DME to coincide with the FAA’s Authority: 49 U.S.C. 106(f), 106(g); 40103, Federal Aviation Administration aeronautical database. 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. This is an administrative change 14 CFR Part 71 amending the description for Harvey § 71.1 [Amended] Municipal Airport and Rolla Municipal [Docket No. FAA–2015–6001; Airspace ■ Docket No. 15–ANM–10] Airport to be in concert with the FAA’s 2. The incorporation by reference in aeronautical database, and does not 14 CFR 71.1 of FAA Order 7400.9Z, RIN 2120–AA66 affect the boundaries, or operating Airspace Designations and Reporting requirements of the airspace; therefore, Points, dated August 6, 2015, effective Amendment of United States Area September 15, 2015, is amended as notice and public procedure under 5 Navigation (RNAV) Route Q–35; follows: U.S.C. 553(b) are unnecessary. Western United States Paragraph 6005 Class E Airspace Areas Regulatory Notices and Analyses AGENCY: Federal Aviation Extending Upward From 700 Feet or More Administration (FAA), DOT. Above the Surface of the Earth. The FAA has determined that this ACTION: Final rule; correction. regulation only involves an established * * * * * body of technical regulations for which AGL ND E5 Harvey, ND [Amended] SUMMARY: This action corrects the FAA frequent and routine amendments are Harvey Municipal Airport, ND docket number of a final rule published necessary to keep them operationally (Lat. 47°47′28″ N., long 99°55′54″ W.) in the Federal Register on January 14, current, is non-controversial and Minot AFB, ND 2016, amending the legal description of unlikely to result in adverse or negative (Lat. 48°24′57″ N., long. 101°21′29″ W.) RNAV Route Q–35 in the Western Bismarck VOR/DME United States. In that rule, the FAA comments. It, therefore: (1) Is not a ° ′ ″ ° ′ ″ ‘‘significant regulatory action’’ under (Lat. 46 45 42 N., long. 100 39 55 W.) docket number was incorrectly Devils Lake VOR/DME published as FAA–2013–6001, instead Executive Order 12866; (2) is not a (Lat. 48°06′55″ N., long. 98°54′45″ W.) ‘‘significant rule’’ under DOT of FAA–2015–6001. That airspace extending upward from 700 DATES: Regulatory Policies and Procedures (44 feet above the surface within a 6.3-mile Effective date 0901 UTC, March FR 11034; February 26, 1979); and (3) radius of Harvey Municipal Airport; and that 31, 2016. The Director of the Federal does not warrant preparation of a airspace extending upward from 1,200 feet Register approves this incorporation by regulatory evaluation as the anticipated above the surface bounded on the north by reference action under 1 CFR part 51, impact is so minimal. Since this is a V–430, on the west by the 47-mile radius of subject to the annual revision of FAA routine matter that only affects air traffic Minot AFB, on the southwest by V–15, on the Order 7400.9 and publication of procedures and air navigation, it is south by the Bismarck VOR/DME 36-mile conforming amendments. radius, on the southeast by V–169, and on the certified that this rule, when ADDRESSES: east by the Devils Lake VOR/DME 22-mile FAA Order 7400.9Z, promulgated, does not have a significant radius; and that airspace extending upward Airspace Designations and Reporting economic impact on a substantial from 1,200 feet above the surface bounded on Points, and subsequent amendments can number of small entities under the the northwest by V–169, on the south by be viewed online at http://www.faa.gov/ criteria of the Regulatory Flexibility Act. latitude 47°30′00″ N., and on the east by air_traffic/publications/. For further

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information, you can contact the DEPARTMENT OF TRANSPORTATION passenger flights of air carriers, and on Airspace Policy Group, Federal Aviation all scheduled passenger flight segments Administration, 800 Independence Office of the Secretary of foreign air carriers between points in Avenue SW., Washington, DC 20591; the United States and between the telephone: (202) 267–8783. The Order is 14 CFR Part 252 United States and foreign points. Under also available for inspection at the [Docket No. DOT–OST–2011–0044] part 252, foreign governments may National Archives and Records request and obtain a waiver from DOT RIN 2105–AE06 Administration (NARA). For provided that an alternative smoking information on the availability of FAA prohibition resulting from bilateral Use of Electronic Cigarettes on Aircraft negotiations is in effect. Further, part Order 7400.9Z at NARA, call (202) 741– 252 was amended to permit carriers 6030, or go to http://www.archives.gov/ AGENCY: Office of the Secretary (OST), operating single-entity charters to allow federal_register/code_of_federal- Department of Transportation (DOT). _ ACTION: Final rule. smoking throughout the aircraft, but regulations/ibr locations.html. also required a no-smoking section for FOR FURTHER INFORMATION CONTACT: SUMMARY: The Department of each class of service (e.g., first class) on Jason Stahl, Airspace Policy Group, Transportation is issuing a final rule to other charter flights where smoking is Office of Airspace Services, Federal extend the smoking ban in DOT’s not banned. Aviation Administration, 800 regulation to include all charter (i.e., Throughout this preamble, we use the Independence Avenue SW., nonscheduled) flights where a flight terms ‘‘air carrier’’ and ‘‘foreign air carrier’’ as defined in 49 U.S.C. 40102, Washington, DC 20591; telephone: (202) attendant is a required crewmember. in which an ‘‘air carrier’’ is a citizen of 267–8783. The revised regulation would comport with 49 U.S.C. 41706, which was the United States undertaking to SUPPLEMENTARY INFORMATION: revised in 2012, to ban smoking on provide air transportation, and a charter flights where a flight attendant ‘‘foreign air carrier’’ is a person, not a Background is a required crewmember. This final citizen of the United States, undertaking A final rule was published in the rule also explicitly bans the use of to provide foreign air transportation. Federal Register on January 14, 2016 electronic cigarettes (‘‘e-cigarettes’’) on The Notice of Proposed Rulemaking (81 FR 1877), FR Doc. 2015–33095, that all flights where smoking is banned. The Department interprets the existing Electronic Cigarettes and Other Nicotine reversed the order of points listed in the Delivery Systems legal description of RNAV Route Q–35 regulation to prohibit e-cigarette use, as published in FAA Order 7400.9, but is codifying this interpretation. On September 15, 2011, the Airspace Designations and Reporting DATES: The rule is effective April 4, Department published a notice of Points. Subsequent to publication, the 2016. proposed rulemaking (NPRM) in which it proposed to amend its existing FAA found that the FAA docket number FOR FURTHER INFORMATION CONTACT: smoking rule (part 252) to explicitly ban for this document was inadvertently Robert M. Gorman, Senior Trial Attorney, or Blane A. Workie, Assistant the use of e-cigarettes on all flights mistyped. This action corrects the FAA covered by that rule (i.e., all flights of docket number. General Counsel, Office of the Assistant General Counsel for Aviation U.S. air carriers in scheduled passenger Correction to Final Rule Enforcement and Proceedings, U.S. interstate, intrastate and foreign air Department of Transportation, 1200 transportation and all scheduled flight Accordingly, pursuant to the segments of foreign air carriers in, to, or New Jersey Ave. SE., Washington, DC 1 authority delegated to me, in the 20590, 202–366–9342, 202–366–7152 from the United States). E-cigarettes Federal Register of January 14, 2016 (81 (fax), [email protected] or typically contain a cartridge or chamber, FR 1877), the docket number, as [email protected] (email). which contain an atomizer or heating element, a battery and a liquid solution. published in the Federal Register on SUPPLEMENTARY INFORMATION: January 14, 2016 (81 FR 1877), FR Doc. Most often e-cigarettes contain liquid 2015–33095, amending the legal Background nicotine but they may contain other description of RNAV Route Q–35, is The Wendell H. Ford Aviation chemicals. When a user inhales, the corrected as follows: heating element aerosolizes the liquid Investment and Reform Act for the 21st 2 Century (Pub. L. 106–181) was signed solution. This produces an aerosol, § 71.1 [Amended] which requires an inhalation and into law on April 5, 2000. Section 708 exhalation similar to smoking cigarettes. of this statute, ‘‘Prohibitions Against ■ On page 1877, column 1, line 4, In addition to nicotine, e-cigarette Smoking on Scheduled Flights’’ Remove ‘‘Docket No. FAA–2013–6001’’ aerosol can contain heavy metals, (codified as 49 U.S.C. 41706), banned and add in its place ‘‘Docket No. FAA– ultrafine particulates that can be inhaled passengers from smoking on all flights 2015–6001. deep into the lungs, and cancer-causing in scheduled passenger interstate and agents like acrolein. Secondhand Issued in Washington, DC, on February 25, intrastate air transportation, and 2016. directed the Secretary of Transportation 1 Smoking of Electronic Cigarettes on Aircraft, Kenneth Ready, to prohibit smoking in foreign air Department of Transportation, Office of the Acting Manager, Airspace Policy Group. transportation (with an exception Secretary, 14 CFR part 252, [Docket No. DOT–OST– 2011–0044], RIN 2105–AE06, 76 FR 57008 (Sept. [FR Doc. 2016–04739 Filed 3–3–16; 8:45 am] process for foreign carriers). Shortly thereafter, the Department of 15. 2011). BILLING CODE 4910–13–P 2 Our NPRM and many commenters referred to Transportation (‘‘DOT,’’ or ‘‘the the exhaled product of e-cigarettes as a ‘‘vapor.’’ It Department’’) amended its rule on is more accurate to refer to the product as an smoking aboard aircraft, 14 CFR part aerosol. See Grana et al., E-Cigarettes: A Scientific 252, to implement section 41706. Under Review, http://www.ncbi.nlm.nih.gov/pmc/articles/ PMC4018182/. Products that create both vapors and part 252, the smoking of tobacco aerosols are included in the Department’s definition products is banned on all scheduled of ‘‘smoking.’’

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aerosol that is exhaled by users may product authorities to include e- crewmember was enacted into law on reduce air quality and is potentially cigarettes and other types of tobacco February 14, 2012, in the FAA harmful to health. Sometimes e- products.3 Modernization and Reform Act of 2012, cigarettes are designed to look like Similarly, in our NPRM, we proposed Public Law 112–95. Section 401 of the traditional cigarettes, but at times they to amend DOT’s smoking rule so it Act amended section 41706, the existing are also made to look like cigars, pipes, clearly covers e-cigarettes by including smoking statute, by broadening the and even everyday products such as a definition of smoking. For purposes of smoking prohibition to include aircraft pens. this rule, we proposed to define in nonscheduled passenger interstate, The increased promotion and smoking as: ‘‘the smoking of tobacco intrastate and foreign air transportation, availability of e-cigarettes raised the products or use of electronic cigarettes if a flight attendant is a required issue of whether the statutory ban on and similar products designed to deliver crewmember on the aircraft (as smoking on scheduled passenger flights nicotine or other substances to a user in determined by the Federal Aviation in section 41706 and the existing the form of a vapor,’’ with an exemption Administration or a foreign regulatory prohibition on the smoking of for ‘‘the use of a device such as a government). tobacco products in part 252 applied to nebulizer that delivers a medically Discussion of Comments e-cigarettes. In the NPRM, we explained beneficial substance to a user in the that the Department views the existing form of a vapor.’’ Overview statutory and regulatory framework to In the NPRM, the Department sought In response to the NPRM, the be sufficiently broad to include the use comment on: (1) Whether the definition of e-cigarettes; however, the purpose of Department received over 1000 of ‘‘smoking’’ in the proposed rule text comments, the majority of which were the proposal was to clarify and codify was so broad that it might this position. In addition to relying on in response to the e-cigarette issue. A unintentionally include otherwise majority of the comments received on section 41706 as our statutory authority permissible medical devices that for the rule, we also relied on 49 U.S.C. the NPRM were from individuals. In produce a vapor; (2) concerns over, and addition, the Department received 41702, which requires air carriers to benefits of, the proposal to clarify the provide safe and adequate interstate air comments from the following entities: prohibition in part 252 to explicitly U.S. carrier and foreign carrier transportation. Another Federal statute, cover e-cigarettes; and (3) any other 49 U.S.C. 41712, which prohibits associations, members of Congress, pilot information or data relevant to the associations, flight attendant airlines from engaging in unfair or Department’s decision. deceptive practices or unfair methods of associations, consumer organizations, competition in air transportation or the Charter (Nonscheduled) Passenger advocacy and special interest sale of air transportation, provides Flights organizations, local governments, and additional support for the e-cigarette In addition, the NPRM also stated the medical associations. rule. (See ‘‘Authority to Regulate E- Department’s intent to consider whether The Department has carefully Cigarettes under 49 U.S.C. 41712,’’ to extend the ban on smoking, including reviewed and considered the comments below). e-cigarettes, to charter flights with received. The commenters’ positions are The NPRM stated our position that aircraft that have a seating capacity of summarized below. the reasons supporting the statutory and 19 or more passenger seats—i.e., those Definition of ‘‘Smoking’’ regulatory ban on smoking also apply to flights that generally require a flight In the NPRM, we asked whether the a ban on e-cigarettes: Improving air attendant.4 The Department proposed quality within the aircraft, reducing the definition of ‘‘Smoking’’ in the proposed banning smoking on charter flights with rule text is too broad in that it may risk of adverse health effects on 19 or more passenger seats, citing public passengers and crewmembers, and unintentionally include otherwise health concerns for flight attendants permissible medical devices that enhancing aviation safety and passenger who may be subject to secondhand comfort. We also discussed Sottera, Inc. produce a vapor. We proposed the smoke on board such charter flights. following definition: v. Food & Drug Administration, 627 Thus, the Department sought comment F.3d 891 (D.C. Cir. Dec. 7, 2010), in on the benefits and drawbacks of Smoking means the smoking of tobacco which the court held that the Food and extending the smoking ban to charter products or use of electronic cigarettes and Drug Administration (FDA) could not flights that have a seating capacity of 19 similar products designed to deliver nicotine or other substances to a user in the form of regulate ‘‘customarily marketed’’ or more passenger seats. electronic cigarettes as drugs or devices a vapor. It does not include the use of a A ban on smoking on charter flights device such as a nebulizer that delivers a under the Federal Food, Drug, and where a flight attendant is a required Cosmetic Act (FDCA), but that the FDA medically beneficial substance to a user in the form of a vapor. could regulate the e-cigarettes at issue as 3 Deeming Tobacco Products to be Subject to the tobacco products under the FDCA as Federal Food, Drug, and Cosmetic Act, as Amended The Air Transport Association of amended by the Family Smoking by the Family Smoking Prevention and Tobacco America (now Airlines for America Prevention and Tobacco Act of 2009 Control Act; Regulations on the Sale and (A4A)), International Air Transport (Tobacco Control Act). Distribution of Tobacco Products and Required Association (IATA), Regional Airline Warning Statements for Tobacco Products, The FDA has express authority under Department of Health and Human Services, Food Association (RAA), and Air Carrier the Tobacco Control Act to regulate only and Drug Administration, 14 CFR parts 1100, 1140, Association of America (ACAA) filed a the following tobacco products at this and 1143, [Docket No. FDA–2014–N–0189], RIN joint comment stating their view that time: cigarettes, cigarette tobacco, roll- 0910–AG38, 79 FR 23142 (April 25, 2014). the proposed definition was adequate as 4 Generally, pursuant to FAA regulations, a flight your-own tobacco, and smokeless attendant is a required crewmember for Part 121, written, and that it would not tobacco. The Tobacco Control Act 125, and 135 operations where the aircraft has a unintentionally include otherwise permits the FDA to extend its tobacco seating capacity of more than nineteen. See 14 CFR permissible medical devices. Also, the products authority to other types of 121.391, 125.269, 135.107. A flight attendant is also American Thoracic Society suggested a required crewmember for Part 121 operations with tobacco products by issuing regulations. airplanes that have a maximum payload capacity of that the Department consider explicitly On April 25, 2014, the FDA issued a more than 7,500 pounds and a seating capacity of stating in its definition that FDA- proposed rule to extend FDA’s tobacco more than nine. 14 CFR 121.269(a)(1). approved medical devices, such as

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nebulizers, metered dose inhalers, In their joint comment, A4A, IATA, We received comments from a ventilators, supplemental oxygen and RAA, and ACAA stated their support for number of medical associations, each other respiratory assistive devices the proposed ban, arguing that e- voicing their support for the proposed meeting Federal Aviation cigarettes should be treated the same as ban. The American Academy of Administration (FAA) requirements, are other tobacco products. These Pediatrics (AAP) commented that it was not covered by the definition of organizations voiced concern over the unaware of any data which would smoking. ingredients in e-cigarettes, which could suggest that it is safe for children as With respect to comments received possibly cause airway irritation for users passengers in aircraft to be in close from individuals, there was a concern and others nearby. They also named proximity to exhaled ‘‘vapors’’ from e- raised by some that the definition could design flaws, inadequate labeling, cigarettes. Further, the AAP noted that include all inhalers, asthma inhalers, or quality control, and health issues as FDA data demonstrate that e-cigarette permissible nicotine replacement concerns. Further, the commenters vapor includes known toxicants, products. Some suggested that stated, ‘‘in fact, all carriers already carcinogens, and irritants of the ‘‘medically beneficial’’ is too broad prohibit e-cigarette use in the cabin for respiratory tract. The American because in some cases, nicotine may be the same reasons the Department Thoracic Society (ATS) commented that medically beneficial. Therefore, the provided.’’ while e-cigarette manufacturers claim commenters suggest changing the The Air Line Pilots Association that the devices are a reduced-risk language to ‘‘medically necessary (ALPA) stated its belief that the product, there is little evidence to substances,’’ ‘‘FDA-approved devices,’’ proposed rule would prevent support this claim, and that the limited or ‘‘prescription drugs.’’ One commenter degradation of the air quality onboard research on these products has found stated that the definition is circular aircraft, and asserted that the health significant variation between because it uses ‘‘smoking’’ in the risks for human use need to be more manufacturers’ attestations and the definition of ‘‘smoking.’’ In addition, thoroughly understood for both users actual dose of nicotine delivered by the some commenters suggested it would be and non-users who are subjected to products. ATS further stated that it is clearer to add the word ‘‘harmful’’ ‘‘secondhand smoke.’’ ALPA also noted not aware of any studies that suggest before ‘‘vapor.’’ the possibility of passenger and exhaled e-cigarette vapors are risk-free and that the use of these devices in the Finally, one commenter suggested the crewmember confusion in confined space of an airline cabin following definition as an alternative to differentiating e-cigarettes from tobacco should be viewed with extreme caution. the proposed rule text: ‘‘any inhalation cigarettes, as the two products can be The California Medical Association or exhalation of a tobacco product, difficult to distinguish from each other. (CMA) stated its support for the electronic cigarette, or similar products The Association of Flight Attendants prohibition of the use of any nicotine that emits a smoke, mist, vapor, etc., (AFA) reported that it has received delivery devices not approved by the with the exception of medical devices occasional reports of in-flight passenger FDA in places where smoking is already such as nebulizers.’’ use of the devices and some confusion prohibited by law. CMA also noted that among travelers regarding airline several local and State governments DOT Response policies. AFA stated its support for have banned e-cigarettes in indoor treating the devices the same as Based on the comments received, we public spaces and workplaces. The traditional cigarettes. AFA believes that have decided to edit our proposed Oncology Nursing Society expressed its DOT is appropriately applying a definition of smoking to read as follows: support for the ban, citing evidence for precautionary principle because the Smoking means the use of a tobacco the presence of toxic chemicals in e- product, electronic cigarettes whether or not toxicity of e-cigarettes is not well cigarette aerosol. they are a tobacco product, or similar understood. In addition, the Association The Department also received a letter products that produce a smoke, mist, vapor, of Professional Flight Attendants, of support for the proposed rule signed or aerosol, with the exception of products representing flight attendants for by seven members of the U.S. Senate.5 (other than electronic cigarettes) which meet American Airlines, submitted a the definition of a medical device in section The Senators urged a strong final rule, comment stating that American Airlines and stated that the devices raise 201(h) of the Federal Food, Drug and currently bans e-cigarettes, but Cosmetic Act, such as nebulizers. significant public health concerns. They nonetheless still urged DOT to also expressed concern with respect to We feel this change more succinctly promulgate a final rule to create the manufacturing and quality control of addresses our targeted prohibition and consistency across the industry. The e-cigarettes. In sum, the Senators stated makes clear that products which meet Association further noted that the that the proposed rule recognizes the the definition of a medical device (other science behind the effects that e- rights of airline passengers to a safe than electronic cigarettes) in section cigarettes may have on third parties is, travel environment and promotes public 201(h) of the Federal Food, Drug and at best, inconclusive, and that they health. Cosmetic Act, such as nebulizers, are adamantly advocate for a healthy In addition, we received two exempt. The use of electronic cigarettes environment for all flight attendants. comments from local governments. The would fall within the smoking ban even The Independent Pilots Association, New York City Department of Health if electronic cigarettes were to meet the the bargaining unit for the pilots of and Mental Hygiene (DOHMH) definition of a medical device. United Parcel Service, stated its support submitted a comment stating its concern for the rule on safety grounds (based on Coverage of E-Cigarettes that e-cigarettes are not FDA-approved the inherent dangers of using lithium and may contain chemicals that could In the NPRM, we explained that we battery powered e-cigarettes onboard harm users or those around them, interpret the existing part 252 to ban the aircraft). However, it also expressed the especially in confined spaces such as use of e-cigarettes on all flights and that view that DOT has created a double we were seeking to codify this standard of safety regulations by carving 5 Letter from Senators Barbara Boxer, Richard J. interpretation. We solicited comments out less safe standards for cargo aircraft Durbin, Tom Harkin, Richard Blumenthal, Jack Reed, and Edward J. Markey to Secretary Anthony about the potential benefits or harm of operations, and urged that the rule be Foxx (June 10, 2014) (available in the public this proposal. applied to all aircraft. docket).

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aircraft. DOHMH noted that the Arizonans for Nonsmokers’ Rights ban, stating that e-cigarettes emit water proposed rule would make enforcement expressed the view that e-cigarettes vapor, but not smoke. of the existing smoking ban easier, as e- posed respiratory hazards to non-users, Smokefree Pennsylvania submitted a cigarettes can be difficult to distinguish and that permitting e-cigarettes aboard comment that outlined several reasons from traditional cigarettes. Seattle and aircraft may infringe on the rights of for its opposition to the proposed ban. King County, Washington, which passed individuals with respiratory disabilities. The organization challenged the a regulation prohibiting the use of e- The Kentucky Center for Smoke-free Department’s statutory authority to cigarette devices in places where Policy submitted a comment strongly in promulgate the rule under 49 U.S.C. smoking is prohibited by law, support of the proposed ban, stating that 41706. The organization reasoned that commented that a precautionary although there is a need for rigorous the statute does not authorize the ban of approach is warranted as the products scientific study of e-cigarettes, it is e-cigarettes because vapor does not are relatively new to the market and known that the vapor emitted from the involve combustion, and thus is vastly research has not conclusively identified devices contains several volatile organic different from tobacco smoke. the components of the vapor that are compounds (e.g., acetone, styrene, and Smokefree Pennsylvania stated that the exhaled. ethyl alcohol acetaldehyde) that can Department falsely alleged that using an We received several comments from cause negative health effects. The e-cigarette is the same as smoking. The other advocacy organizations. The Kentucky Center also commented that organization also challenged the American Cancer Society, American the use of e-cigarettes on aircraft may Department’s statutory authority under Heart Association, American Lung lead people to believe that smoking is 49 U.S.C. 41702, stating that there is no Association, Campaign for Tobacco-Free permitted, and may undermine smoke- evidence that e-cigarettes have harmed Kids, and Legacy submitted a joint free policies. The Tobacco Free anyone or that they pose any health or comment in support of the proposed Coalition of Pinellas County (FL) safety risks to users or non-users. The rule, stating that in the context of expressed similar health concerns. organization alleged that the NPRM smoking prohibitions on aircraft, e- FlyersRights.org, a non-profit airline deceives the public into believing that e- cigarettes should be considered the passenger rights advocacy organization, cigarettes emit smoke and pose health same as traditional cigarettes. The conducted a survey of its members to risks to users and non-users similar to organizations commented that the gauge public opinion on the proposed those posed by cigarette smoke. health consequences of e-cigarette use rule. The survey garnered 987 Furthermore, it argued that none of the are unknown, and therefore restrictions responses, and those who responded studies cited by the Department had on their use inside aircraft are voted overwhelmingly (81.4%) in favor found any hazardous levels of chemicals appropriate until it can be shown with of the NPRM. Support was generally in e-cigarettes. The organization also a high degree of certainty that they pose based on the grounds of public health or asserted that the proposal is no harm to non-users. The organizations cabin comfort. Those opposing the ban unenforceable, as e-cigarette consumers also argued that allowing the use of e- were almost evenly divided in their can use the products discreetly without cigarettes on aircraft would create reasoning, with some doubting that the anyone noticing because the vapor that significant confusion for passengers and e-cigarettes pose any risk, others is emitted is not visible. As evidence of enforcement challenges for airline believing that current research is this assertion, the organization stated personnel, citing an incident on a insufficient to support the regulation, that there have been no citations issued Southwest Airlines flight on July 13, and still others objecting generally to for violating indoor e-cigarette usage 2011, where a man was arrested for the proposed ban. bans in New Jersey, Seattle, or other pelting a flight attendant with peanuts The following organizations jurisdictions where e-cigarettes have and pretzels after being asked to put submitted comments in opposition to been banned. Finally, the organization away his e-cigarette upon attempting to the proposed rule. Smokin’ Vapor LLC noted that violators of the Department’s smoke the device. The organizations submitted a comment in opposition proposed rule would face a $3,300 fine, also argued that DOT’s proposed rule is stating that e-cigarettes do not burn any which the organization claimed is consistent with the decision in Sottera. matter, and that their ingredients (water, excessive and may violate the 8th Finally, the organizations argued that flavorings, nicotine—when chosen—and Amendment’s prohibition against cruel prohibiting e-cigarette use on aircraft propylene glycol) are safe, and even and unusual punishment. promotes the health goal of reducing the beneficial to users in some instances. The Consumer Advocates for Smoke- use of tobacco products through the The National Vapers Club submitted a Free Alternatives Association (CASAA) promotion of non-smoking comment stating that e-cigarettes do not and the Competitive Enterprise Institute environments. produce smoke and therefore do not (CEI) submitted a comment urging the Americans for Nonsmokers’ Rights create the byproducts of combustion. Department to withdraw its proposed (ANR) submitted a comment in support National Vapers stated that banning e- ban, and cited reasons for its opposition of the proposed rule, stating its belief cigarettes is akin to banning the use of similar to those offered by Smokefree that e-cigarettes should be prohibited in Nicotrol inhalers. The organization Pennsylvania. CASAA and CEI all places where the smoking of tobacco added that e-cigarettes have not been challenged the Department’s statutory products is prohibited. ANR stated that shown to cause any harm to bystanders; authority, arguing that the statutory ban its primary reason for supporting the until such harm is proven, the club on in-flight smoking, 49 U.S.C. 41706, ban is that the devices’ components believes that the ban is unfounded. does not extend to smoke-free products raise significant health concerns. ANR National Vapers also asserted that it is such as e-cigarettes. Also, these also asserted that e-cigarettes can the responsibility of airlines to explain organizations argued that the undermine and cause confusion over the use of e-cigarettes to those who are Department’s reliance on 49 U.S.C compliance with smoke-free rules when uncomfortable with them, and to § 41702 is misplaced, as there is no used on airplanes. Finally, ANR noted alleviate the concerns of those who are research indicating that e-cigarette that there are at least 25 municipalities not familiar with the products. In vapor, with or without nicotine, is that define ‘‘smoking’’ to include the addition, Smokers Fighting harmful to users or bystanders. The use of e-cigarettes and prohibit their use Discrimination, Inc., submitted a organizations cited a Health New in workplaces and public places. comment in opposition to the proposed Zealand report where e-cigarette mist

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was tested for over 50 cigarette smoke asthma should be protected from the FAA regulates smoking aboard aircraft toxicants, and no such toxicants were effects of e-cigarette vapor. Another under its safety mandate. See 14 CFR found. CASAA and CEI additionally reason cited in support of the rule was 121.317, 129.29, 135.127. argued that the Department has failed to the elimination of potential passenger Authority To Regulate E-Cigarettes perform a cost-benefit analysis and has and crew confusion; supporters argued Under 49 U.S.C. 41706 not demonstrated that the ban would that a ban on both traditional cigarettes produce any benefits; the American and e-cigarettes would make We begin with section 41706, the Aviation Institute echoed this view. enforcement of the smoking regulation statutory smoking ban. With respect to Lastly, CASAA and CEI stated that the easier for crewmembers, because e- domestic air transportation, section possible civil penalty of $3,300 for cigarettes resemble traditional 41706(a) provides that ‘‘an individual violating part 252 is not justified, as e- cigarettes. It was also stated that this may not smoke in an aircraft in cigarettes would not impair cabin air proposed rule would create only scheduled passenger interstate or quality or cause damage to aircraft seats minimal inconvenience for smokers and intrastate air transportation; or in an or carpeting. ‘‘vapers,’’ as the existing smoking ban aircraft in nonscheduled passenger We now turn to comments received on aircraft has been in place since 2000. interstate or intrastate air transportation from the public. By the end of the In more recent years, the Department if a flight attendant is a required comment period on November 15, 2011, has noted a substantial increase in crewmember on the aircraft.’’ Similarly, the Department received approximately individual comments supporting the with respect to foreign air 700 total comments; approximately 500 ban. Of the approximately 350 transportation, section 41706(b) of those were from individuals opposed additional individual comments provides that ‘‘the Secretary of to the proposed ban. (Many of the received after the close of the comment Transportation shall require all air comments received in opposition to the period, approximately 60 opposed the carriers and foreign air carriers to proposed rule were identical.) The ban while approximately 290 supported prohibit smoking in an aircraft in purported lack of DOT jurisdictional it. Most commenters supporting the ban scheduled passenger foreign air authority to create the proposed rule cited health concerns, and expressed the transportation; and in an aircraft in and lack of research, data, evidence, or view that e-cigarette aerosol was either nonscheduled passenger foreign air proof to support the rule were common already demonstrated to be harmful, or transportation, if a flight attendant is a themes. Many felt that the Department should be banned unless it is proven to required crewmember on the aircraft.’’ was overstepping its statutory authority, be safe. A number of individuals While section 41706 does not define and argued that e-cigarettes are not expressed impatience at the ‘smoking,’’ nothing in the text of section smoked, but ‘‘vaped’’ (producing water Department’s slow progress in 41706 suggests that the definition of vapor), and as such do not fall within implementing the ban. ‘‘smoking’’ should be limited to the the smoking statute, section 41706. We note that several commenters, combustion of traditional tobacco Also, many felt that the Department both organizations and individuals, products. Instead, Congress vested failed to justify the proposed ban under cited safety reasons as additional broad authority in the Department to section 41702 because it did not provide grounds for supporting the proposed implement the statutory smoking ban. any evidence that e-cigarettes are ban (e.g., potential fire concerns and Specifically, section 41706(d) states that harmful to bystanders. Some hazards associated with the lithium ‘‘the Secretary shall provide such individuals asserted that there have not batteries that power the devices). regulations as are necessary to carry out this section.’’ We interpret section been any reported health issues with DOT Response respect to the devices and stated that 41706 as a whole as vesting the lack of evidence cannot be the basis for After fully considering the comments Department with the authority to define a rule. Many argued that the proposed received, the Department has decided to the term ‘‘smoking,’’ and to refine that rule was an example of unnecessary amend its existing smoking rule to definition as necessary to effectuate the government regulation, and that the explicitly ban the use of e-cigarettes on purpose of the statute while adapting to better approach would be to allow the all flights in passenger interstate, new technologies and passenger industry to devise its own rules for the intrastate and foreign air transportation behavior. Like section 41706, the products. It was also argued that the where other forms of smoking are Department’s regulation in 14 CFR part proposed regulation would be banned. We are primarily concerned 252 did not contain a definition of unenforceable because users can easily with the potential adverse health effects ‘‘smoking’’ prior to the issuance of this hide their use of e-cigarettes. Finally, of secondhand exposure to aerosols final rule. However, the Department has some argued that the civil penalty generated by e-cigarettes, particularly in previously taken the position that the associated with a violation of the the unique environment of an aircraft prohibition against smoking in 49 U.S.C. proposed rule is excessive and illegal cabin. We further believe that the ban 41706 and 14 CFR part 252 should be under the 8th Amendment. on the use of e-cigarettes fulfills the read to ban the use of electronic Supporters of the rule generally statutory mandates of sections 41706, cigarettes on U.S. air carrier and foreign viewed the Department as having the 41702, and 41712. We do not address in air carrier flights in scheduled appropriate authority and stated that the this rulemaking any safety-related issues intrastate, interstate and foreign air unknown risk and potential harmful that may exist with regard to the use of transportation, a position that was noted effects justified the ban. Many voiced e-cigarettes aboard aircraft. The Pipeline in connection with a June 17, 2010 concern over the air quality aboard and Hazardous Materials Safety hearing before the Senate Committee on aircraft, stating that the rights and Administration (PHMSA) regulates Commerce, Science and Transportation. public health concerns of passengers hazardous materials safety 6 and the This final rule formalizes the who are not e-cigarette users should be Department’s interpretation by defining protected, as these people do not have 6 With respect to the Independent Pilots smoking to explicitly include the use of the option of leaving the space. Association’s comment that DOT should expand the ban on e-cigarettes to include cargo flights, we note e-cigarettes. Supporters also raised the point that that the Association’s concern appears to be largely potentially vulnerable passengers, such on the safety hazards of transporting lithium rule addressing this issue. See 79 FR 46011 (August as children, the elderly, and people with batteries. On August 6, 2014, PHMSA issued a final 6, 2014); PHMSA–2009–0095 (HM–224F).

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Some commenters contend that for concern. Also citing public health recognize that the aerosol that is section 41706 cannot be relied upon to concerns were the American Cancer exhaled by users of some e-cigarettes reach this result because it prohibits Society, American Heart Association, and similar electronic apparatus may smoking, and e-cigarettes are ‘‘vaped’’ American Lung Association, Campaign not pose as much harm as smoke and produce a vapor. Although e- for Tobacco-Free Kids, and Legacy. In emitted from combusted tobacco cigarettes typically do not undergo addition, each comment received from products. However, given that studies combustion, they do produce an aerosol the airline industry voiced strong do indicate that both nicotine and other of chemicals and require an inhalation support for the rule, based on the toxicants are found in the exhaled and exhalation action similar to that unknown ingredients in the devices and aerosol, limiting exposures must be which is required when smoking their possible health consequences. considered. Because the potential for traditional cigarettes. E-cigarettes are While the specific hazards of e- harm to consumers from second hand generally designed to look like and be cigarette aerosol have not yet been fully aerosol is even greater in the closed used in the same manner as identified, the Department does not environment of an aircraft, we believe a conventional cigarettes. Further, the believe that it would be appropriate to precautionary approach is warranted. In purpose behind the statutory ban on exempt e-cigarettes from the ban for sum, releasing an aerosol that may smoking aboard aircraft in section 41706 now, pending a more definitive catalog contain harmful substances or and the regulatory ban on smoking of those hazards. Since the NPRM was respiratory irritants in a confined space, tobacco products in part 252 were to issued, research continues to undermine especially when those who are at a improve cabin air quality, reduce the claims that the use of e-cigarettes would higher risk are present, is contrary to the risk of adverse health effects on have no adverse health implications on statutory ban on smoking aboard passengers and crewmembers, and users or others who are nearby. aircraft. enhance passenger comfort. The in- Research has detected toxic chemicals cabin dynamics of e-cigarette use are such as formaldehyde and acetaldehyde Authority To Regulate E-Cigarettes similar enough to traditional smoking to in the aerosol from certain e-cigarettes.9 Under 49 U.S.C. 41702 necessitate including e-cigarette use The aerosol was also found to contain We also find an independent source within the definition of ‘‘smoking.’’ Like acrolein, which can cause irritation to of authority for this rulemaking in traditional smoking, e-cigarette use the nasal cavity and damage to the section 41702, which mandates safe and introduces a cloud of chemicals into the lining of the lungs, and may contribute adequate interstate air transportation. air that may be harmful to passengers to cardiovascular disease in cigarette The Department’s predecessor, the Civil who are confined in a narrow area smokers.10 Another study identified 22 Aeronautics Board (CAB), relied upon within the aircraft cabin without the chemical elements in e-cigarette aerosol, section 404(a) of the Federal Aviation ability to avoid those chemicals. including lead, nickel, and chromium, Act of 1958 (subsequently re-codified as A recent study published in the among others that can cause adverse 41702), requiring air carriers ‘‘to provide journal Nicotine & Tobacco Research health effects in the respiratory and safe and adequate service, equipment found that e-cigarettes are a source of nervous systems.11 and facilities,’’ as authority to adopt its secondhand exposure to nicotine but Some studies have found that lower first regulation restricting smoking on 7 not to combustion toxicants. The levels of toxicants are observed in e- air carrier flights (ER–800, 38 FR 12207, conclusions of the study were that using cigarette aerosols than in combusted May 10, 1973). At that time, CAB issued e-cigarettes in indoor environments may tobacco smoke.12 However, research on a ‘‘smoking rule’’ under its economic involuntarily expose non-users to near real-use conditions of e-cigarettes regulations titled, ‘‘Part 252—Provision nicotine, and that more research is has found increased indoor air levels of of Designated ‘No Smoking’ Areas needed to evaluate the health polycyclic aromatic hydrocarbons; 1,2- Aboard Aircraft Operated by consequences of secondhand exposure propanediol; 1,2,3-propanetriol; Certificated Air Carriers,’’ which to nicotine, especially among vulnerable glycerine; nicotine; fine particles; mandated designated ‘‘no smoking’’ populations such as children, pregnant ultrafine particles; particle number areas on commercial flights. See 38 FR women, and people with cardiovascular concentrations; and aluminum, all of 12207 (May 10, 1973). The rule predated conditions. More recent research has which raise health concerns.13 We a Congressional ban on smoking on determined that persistent residual scheduled flights. In the preamble to the nicotine on indoor surfaces from e- 9 Goniewicz, M. L., J. Knysak, M. Gawron, et al., 1973 rule, the CAB cited a joint study cigarettes can lead to third hand Levels of Selected Carcinogens and Toxicants in by the FAA and the then Department of exposure through the skin, inhalation, Vapour From Electronic Cigarettes, 23 Tobacco Control 133 (2013), doi: 10.1136/tobaccocontrol– Health, Education, and Welfare that and ingestion long after the air itself has 2012–050859. 8 concluded that the low levels of cleared. 10 Goniewicz, M. L., J. Knysak, M. Gawron, et al., contaminants in tobacco smoke did not Additionally, we find it significant Levels of Selected Carcinogens and Toxicants in represent a health hazard to that the three medical associations that Vapour From Electronic Cigarettes, 23 Tobacco nonsmoking passengers on aircraft; submitted comments cited the unknown Control 133 (2013), doi: 10.1136/tobaccocontrol– 2012–050859. however, the study found that a health risks of exposure to e-cigarette 11 Williams, M., A. Villarreal, K. Bozhilov, et al., significant portion of the nonsmokers aerosol in a confined space as a reason Metal and Silicate Particles Including stated that they were bothered by Nanoparticles Are Present in Electronic Cigarette 7 Jan Czogala et al., Secondhand Exposure to Cartomizer Fluid and Aerosol, 8 Public Library of tobacco smoke. The CAB stated, ‘‘unlike Vapors From Electronic Cigarettes, 16 Nicotine & Science One e57987 (2013), doi: 10.1371/ persons in public buildings, Tobacco Research 655 (2014), doi: 10.1093/ntr/ journal.pone.0057987. nonsmoking passengers on aircraft may ntt203. 12 Goniewicz, M., et al., ‘‘Levels of Selected be assigned to a seat next to, or 8 ML Goniewicz & L Lee, Electronic Cigarettes Are Carcinogens and Toxicants in Vapour from otherwise in close proximity to, persons a Source of Thirdhand Exposure to Nicotine, Electronic Cigarettes,’’ Tobacco Control, 23(2):133– Nicotine Tob Res. 2014 Aug 30. pii:ntu152. [Epub 139, 2014. who smoke and cannot escape this ahead of print]; see also WG Kuschner et al., 13 Schober, W., et al., Use of Electronic Cigarettes Electronic Cigarettes and Thirdhand Tobacco (E-Cigarettes) Impairs Indoor Air Quality and Markewitz, E. Uhde, and T. Salthammer, Does E- Smoke: Two Emerging Health Care Challenges for Increases FeNO Levels of E-Cigarette Consumers, Cigarette Consumption Cause Passive Vaping?, 23 the Primary Care Provider, 4 Int J Gen Med. 115 217 Int J Hyg Environ Health 628 (2014), doi: Indoor Air 25 (2013), doi: 10.1111/j.1600– (2011), doi: 10.2147/IJGM.S16908. 10.1016/j.ijheh.2013.11.003; Schripp T., D. 0668.2012.00792.x.

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environment until the end of the flight.’’ exposure to the chemicals contained in consistent with the regulatory text, this The principal basis for the 1973 e-cigarette aerosol. These harms are rule would preclude that option. smoking rule was passenger discomfort unavoidable because passengers who do issues. Just as the CAB relied on the not wish to be exposed to e-cigarette Charter (Non-Scheduled) Flights ‘‘adequate’’ prong of the predecessor to aerosol cannot escape this environment Section 401 of the FAA section 41702 to adopt a smoking ban in until the end of the flight. Modernization and Reform Act of 2012 In sum, we are amending our existing 1973, the Department believes that it prohibited smoking on domestic smoking regulation to explicitly ban the has the authority today to ban the use nonscheduled (charter) passenger flights use of e-cigarettes because we view the of e-cigarettes under section 41702 to that require a flight attendant, and ban to be consistent with the statutory ensure ‘‘adequate’’ service by reducing a directed the Department to prohibit similar kind of passenger discomfort. In mandates of sections 41706, 41702 and smoking on nonscheduled (charter) our view, passenger discomfort arises 41712. We do not believe that it is passenger flights in foreign air from at least two aspects of e-cigarette appropriate, as some commenters have transportation that require a flight aerosol exposure. First, the non-user suggested, to allow the airline industry attendant. In the NPRM in this passenger may feel the direct effects of to adopt its own standards with respect inhaling the aerosol, which, as noted to the inclusion of electronic cigarettes proceeding, we sought comment on the above, has been shown to contain within the prohibition on smoking. We issue of banning smoking on most respiratory irritants. More broadly, recognize that the industry has generally charter flights. We received few passengers may reasonably be banned the use of electronic cigarettes comments on this issue; however, those concerned that they are inhaling on flights, either as a matter of that did comment overwhelmingly unknown quantities of harmful preference or in recognition of the supported the proposal. The Association chemicals, and that they will not be able Department’s well-publicized of Flight Attendants (AFA) stated its to avoid the exposure for the duration enforcement policy. On the other hand, support for the ban, claiming that it of the flight. we believe that without a clear, uniform would be beneficial to the occupational regulation, some carriers may feel free to health of flight attendants and the Authority To Regulate E-Cigarettes adopt policies that allow the use of e- health of the traveling public. AFA Under 49 U.S.C. 41712 cigarettes onboard aircraft. In light of stated that there is virtually universal In addition to the Department’s the potential health hazards posed to agreement that exposure to authority under sections 41716 and flight attendants and fellow passengers, environmental tobacco smoke is 41702, the Department has the authority as well as the potential diminution in harmful to health, and requested that and responsibility to protect consumers air cabin quality posed by the use of DOT acknowledge these findings and from unfair or deceptive practices in air electronic cigarettes in an aircraft cabin, expand the smoking ban to all charter transportation under 49 U.S.C. 41712. we do not believe that a free-market operations. Using this authority, the Department has approach is appropriate or desirable. The Association of Professional Flight found practices to be ‘‘unfair’’ if they are An additional benefit of this rule is Attendants, representing American harmful to passengers but could not be that it eliminates passenger or Airlines flight attendants, stated its reasonably avoided by them. For crewmember confusion with regard to support of the ban to create consistency example, the Department relied upon the permissibility of e-cigarettes by across the industry and argued that no section 41712 and its ‘‘unfair’’ practice creating an explicit ban. In our notice, flight attendant should be subjected to component when promulgating the we stated that through Congressional 14 cigarette smoke on an airplane, given ‘‘Tarmac Delay Rule,’’ in which the correspondence, anecdotal evidence, what is known about secondhand Department addressed problems and online sources, including blogs, we smoke. consumers face when aircraft sit for were made aware that some passengers hours on the airport tarmac. In doing so, have attempted to use e-cigarettes The American Cancer Society, the Department considered the harm to onboard aircraft. The Association of American Heart Association, American the consumer and the fact that the harm Flight Attendants also stated in Lung Association, Campaign for was unavoidable. The Department comments submitted to the Department Tobacco-Free Kids, and Legacy stated concluded that regulatory action was that it receives occasional reports of in- that the health effects of secondhand necessary and that a three-hour time flight passenger use and confusion smoke are well established in scientific limit is the maximum time after which among travelers regarding airline literature. The organizations argued that passengers must be permitted to policies. In the absence of regulation, e- charter flight staff should not be deplane from domestic flights given the cigarette users may believe that an exposed at their workplace to cramped, close conditions in aircraft airline’s policy banning e-cigarettes is secondhand smoke, which has been and the inability of passengers to avoid merely a preference, and that they may shown to increase risk of heart disease, lengthy tarmac delays. Here, as with the continue to use such devices because stroke, and cancer. These organizations tarmac delay rule, the Department they are not prohibited by federal law. expressed their concern that charter believes that the practice of allowing This rule would eliminate any such flight passengers are potentially exposed use of e-cigarettes onboard aircraft arguments with respect to the use of e- to secondhand smoke for extended would be potentially harmful to cigarettes, and provide flight crew with periods of time in a confined space. The passengers and there is no way for the the clear message that e-cigarettes are organizations argued that there is no passenger to reasonably avoid the harm. placed firmly on the same footing as safe level of exposure to secondhand The harms include the potential for traditional tobacco products. The smoke, regardless of the type of plane or decreased cabin air quality, confusion traveling public would also have the flight one takes, and that the current about whether the passenger is being benefit of knowing with certainty that e- regulations do not effectively protect exposed to traditional cigarette smoke, cigarettes are prohibited onboard public health. We received a few and possible health risks arising from aircraft, Moreover, to the extent that comments from the public on this issue, carriers may be inclined to permit e- with most stating their support for the 14 See 74 FR 68983 (December 30, 2009) and 76 cigarettes on the ground that the proposal and some suggesting extending FR 23110 (April 25, 2011). Department’s enforcement policy is not the ban to all flights.

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DOT Response requirement in the existing rule for The Final Regulatory Evaluation We are amending the rule text of part carriers to give notice to each passenger Introduction 252 to implement section 401 of the on a single-entity charter of the smoking In April 2000, the Wendell H. Ford FAA Modernization and Reform Act. procedures for that flight. It would be of Aviation Investment and Reform Act for Section 401 requires U.S. and foreign air limited usefulness to have such a the 21st Century (Pub. L. 106–181) was carriers to ban smoking in requirement where smoking on single- signed into law. Section 708 of the Act nonscheduled passenger interstate, entity charters would not be banned by amended 49 U.S.C. 41706 to impose a intrastate, and foreign air transportation this rule (i.e., on aircraft where a flight ban on smoking on all scheduled where a flight attendant is a required attendant is not a required crewmember, passenger interstate, intrastate, and crewmember. The amendment to part which essentially means aircraft with 19 foreign air transportation. DOT 252 is necessary to harmonize the seats or less). subsequently incorporated this ban in Departmental regulation with the new its rule on smoking on commercial statutory requirement.15 The 2011 Regulatory Analysis and Notices airline flights. Because of confusion as NPRM sought comment on banning A. Executive Order 12866 (Regulatory to whether the use of e-cigarettes was smoking on charter flights that use Planning and Review), Executive Order allowed on aircraft, in September 2011, aircraft with 19 or more passenger seats. 13563 (Improving Regulation and DOT issued a NPRM (see 79 FR 57008), In view of the statutory smoking ban in Regulatory Review) and DOT which proposed to amend 14 CFR part section 401 that was signed into law in Regulatory Policies and Procedures 252 to explicitly include the use of e- 2012, this final rule conforms part 252 cigarettes in the smoking ban. to the requirement in the statute. This final rule has been determined to Specifically, the NPRM proposed to Consequently, this new rule bans be significant under Executive Order define smoking as, ‘‘the smoking of smoking on all nonscheduled passenger 12866 and the Department of tobacco products or use of electronic air transportation where a flight Transportation’s Regulatory Policies and cigarettes and similar products designed attendant is a required crewmember of Procedures. It has been reviewed by the to deliver nicotine or other substances the aircraft. Office of Management and Budget in The rule also continues a ban on to a user in the form of vapor.’’ The smoking on nonscheduled passenger air accordance with Executive Order 12866 NPRM also considered whether to transportation where a flight attendant (Regulatory Planning and Review) and extend the smoking ban (including e- is not a required crewmember of the Executive Order 13563 (Improving cigarettes) to nonscheduled passenger aircraft, except for single entity charters Regulation and Regulatory Review) and flights or air carriers and foreign air and on-demand services of air taxi is consistent with the requirements in carriers between points in the United operators. Under the existing sections both orders. States and between the United States and any foreign point with aircraft that 252.2 and 252.13, U.S. carriers are The Final Regulatory Evaluation, have a designed seating capacity of 19 required to ban smoking on all flights included in this section, qualitatively (scheduled and charter) that use aircraft or more passenger seats. evaluates the benefits and costs of the In February 2012, the FAA with 30 or fewer passenger seats except final rule. Both benefits and costs are for the on-demand services of air taxi Modernization and Reform Act of 2012 expected to be very small because the (Pub. L. 112–95) (the Act) was signed operators. Section 252.19 of the existing final rule only represents a modest rule permits smoking on single-entity into law. Section 401 of the Act change, if any, to existing industry charter flights of U.S. air carriers. In amended 49 U.S.C. 41706 to extend the practice. Nonetheless, the Department other words, under the existing rule, smoking prohibition to aircraft in smoking is allowed on single-entity believes that the rule is necessary for the nonscheduled passenger interstate, charter flights and on-demand services reasons noted below. As discussed intrastate, and foreign air transportation, of air taxi operators regardless of aircraft below, DOT was unable to find any offered by both U.S. and foreign carriers, size. For U.S. carriers, smoking is airline that explicitly states that it if a flight attendant is a required prohibited on all other charter flights allows smoking of any type or includes crewmember. that use aircraft with 30 or fewer accommodating smokers in its business This final rule primarily makes two passenger seats. plan, including e-cigarettes and their regulatory changes. First, it amends the If an aircraft has more than 30 seats, users, and as such, would be affected by existing smoking ban in 14 CFR part 252 under section 252.7 of the existing rule this rule. In fact, the overwhelming to explicitly ban the use of e-cigarettes the air carrier operating the charter majority of passenger seats are on whenever smoking is banned by flight (other than single-entity charters scheduled flights where smoking revising the definition of smoking to or on-demand services of air taxi traditional cigarettes is already banned. cover the use of e-cigarettes. Second, the operators) must establish a non-smoking Moreover and again as discussed below, rule amends 14 CFR part 252 to section for each class of service. As an commercial airlines have interpreted the implement section 401 of the FAA organizational matter, we are existing DOT smoking ban to cover e- Modernization and Reform Act and extends the smoking ban to flights in eliminating this section as it is no longer cigarettes and do not allow their use. nonscheduled interstate, intrastate, and needed because section 401 bans Due to the inability to identify any foreign passenger air transportation smoking on charter flights where a flight specific airlines that would have to where a flight attendant is required. attendant is a required crewmember. All change their policies in response to the charter flights covered under section final rule, it was not possible to quantify Current Industry Practice/Regulatory 252.7 would require a flight attendant as benefits or costs. However, DOT does Baseline that section only applies to aircraft with not rule out the possibility that a few more than 30 seats. In 2014, there were a total of 104 U.S. The only change that is not directly airlines may at times provide services carriers and 151 foreign air carriers required by the statute is eliminating the that could be affected by the rule, and providing service in the United States. therefore provides a qualitative analysis About 75 percent of these carriers 15 For the reasons discussed in the prior section, of potential benefits and costs for those provided scheduled service and the this ban will include the use of e-cigarettes. situations. remaining 25 percent provided only

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charter service. However, the scheduled service carriers; in 2014, scheduled flights.16 Table A.1 provides overwhelming majority of air passenger roughly 99 percent of U.S. passenger an overview of the carriers providing service is provided by the 75 percent of enplanements were associated with service in the United States in 2014.

TABLE A.1—CARRIERS OPERATING IN THE U.S. MARKET BY SIZE AND TYPE OF SERVICE

Seats on largest Total carriers Charter only Scheduled aircraft service

U.S. Carriers ...... >60 41 13 28 30–60 15 2 13 <30 48 11 37

U.S. Carrier Total ...... 104 26 78 Foreign Carriers ...... >60 123 12 111 30–60 2 0 2 <30 26 25 1

Foreign Carrier Total ...... 151 37 114 Source: DOT contractor estimates based on 2014 T–100 segment database, 2013 B–43 aircraft inventory, Regional Airline Association 2014 Annual Report and review of carrier Web sites.

14 CFR part 252 currently bans questions have emerged regarding its some airlines cite a ‘‘nuisance factor,’’ smoking on all scheduled passenger applicability to e-cigarettes. DOT has concerns for triggering smoke detection interstate, intrastate, and foreign air stated that e-cigarettes are covered by its equipment, and concerns for other transportation. Thus, as noted above, existing smoking rule, part 252.17 Based passengers’ health. Exhibit A.1 lists the overwhelming majority of flights are upon DOT review of individual Web some typical examples of e-cigarette covered by the general smoking ban (75 sites, U.S. and foreign carriers generally policies taken from a select number of percent of carriers representing 99 appear to be in compliance with this the 104 individual U.S. carrier and 151 percent of passenger enplanements). No interpretation and do not allow their foreign carrier Web sites. regulatory definition of ‘‘smoking’’ is use. While some carriers provide no included in the existing Part 252, and explanation for their interpretation,

EXHIBIT A.1—ELECTRONIC CIGARETTE POLICIES FOR SELECTED CARRIERS

AirTran Airways—‘‘In addition to smoking, the use of chewing tobacco and electronic cigarettes are not permitted onboard any scheduled or pri- vate charter AirTran Airways flight.’’ Alaska Airlines—‘‘Smoking, chewing tobacco, smokeless tobacco, and the use of electronic smoking devices are not permitted on any Alaska Airlines flight.’’ American—‘‘You can travel with electronic cigarettes in your carry-on baggage, but you are not allowed to use them onboard at any time.’’ Delta—‘‘E-cigarettes cannot be operated at any time on a Delta or Delta Connection Aircraft.’’ JetBlue—‘‘While the majority of electronic cigarettes may be non-hazardous, JetBlue does NOT allow the USE of them on any of our flights, but will allow them in checked or carry-on baggage. It is considered a nuisance item as small amounts of vapor are expelled from the cigarette.’’ Southwest—‘‘Electronic Cigarettes and Smoking Devices’’ are ‘‘never permitted’’ for use on board. United—‘‘The use of electronic, simulated smoking materials (such as electronic cigarettes, pipes or cigars) is prohibited on United Airlines.’’ Air France—‘‘Use of e-cigarettes is prohibited on all Air France flights. The vapor emitted by these devices may trigger the cabin smoke detec- tors.’’ Air New Zealand—‘‘The use and charging of electronic cigarettes (eCigarettes) is also not permitted as the vapour may contain levels of nico- tine that are unacceptable to other passengers.’’ British Airways—‘‘We have a no smoking policy on board all our aircraft and in our airport lounges. This includes electronic cigarettes (e-ciga- rettes), as they emit a small amount of mist which can make it appear that a customer is actually smoking.’’ KLM—‘‘All KLM flights are non-smoking flights. Smoking is not permitted at any place or at any time on board our aircraft. This also applies to artificial cigarettes.’’ Lufthansa—‘‘Please note, however, that you are not permitted to smoke electronic cigarettes on board Lufthansa flights.’’ Source: Individual carrier Web sites.

For the remaining 25 percent of complied with the airline’s check-in right to engage in the activity has carriers providing only charter service deadline and who wishes to be seated become difficult, if not impossible. (representing about one percent of there. According to one Web site that assists passenger enplanements), smoking is Apparently, however, charter airlines in booking charters: not prohibited by law in all cases. On have taken a direction similar to rental ‘‘. . . some charter operators such as flights where smoking is not banned by car companies and hotels, where GlobeAir have a strict no-smoking policy law, airlines must have a non-smoking nonsmoking policies are now the across their fleet. ‘It got to the point where 18 section and must accommodate in that norm. Finding a charter that allows in- we felt that smoking on board not only posed section every passenger who has flight smoking or guarantees a smoker’s

16 Source: Bureau of Transportation Statistics, T– 17 See https://www.transportation.gov/sites/ 18 http://usatoday30.usatoday.com/travel/hotels/ 100 Market and Segment (http://www.rita.dot.gov/ dot.gov/files/docs/PolicyOnECigarettes.pdf. 2008-11-17-smoke-free-hotels-no-smoking_N.htm; bts/data_and_statistics/by_mode/airline_and_ http://consumertraveler.com/today/still-smoking- airports/airline_passengers.html). be-careful-before-you-rent-a-car/.

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a health hazard but also increases the risk of maintenance of aircraft in which traditional or electronic cigarettes) does fire,’ says Bernhard Fragner, CEO.’’ 19 smoking is allowed deters carriers from not bear the full cost of the activity. Part And another: allowing the activity, unless of course, of the cost of smoking in an airplane ‘‘Alot (sic) of the air charter aircraft are the increase in expense is justified by a cabin is borne by nearby passengers or now non-smoking due to fact that all airline net increase in demand from smokers flight crew who are unable to regulate flights are now non-smoking flights. Charter (and thus revenues) to cover these their exposure. The costs of involuntary operators complain that the tobacco smell costs.23 It is unclear whether these exposure to smoke or aerosol are in the from smoking gets into the fabric of their incentives apply to e-cigarettes. form of actual adverse health airplanes and bothers the next An internet search yields a few consequences, perception and fear of passenger(s).’’ 20 anecdotes suggesting some smokers adverse health consequences and And, according to a charter company: 21 have been frustrated by the lack of annoyance or irritation regarding options for those who wish to smoke ‘‘All Skyward Aviation aircraft prohibit undesirable odors. Even if a carrier were smoking to ensure the complete safety of during flight, which is a further to disclose that it allowed smoking (of passengers and flight crew members.’’ 22 indication that the industry norm has either traditional cigarettes or e- tended toward smoking prohibition, at cigarettes), patrons may not receive this While some charters address the use of least for traditional cigarettes. There information prior to departure or in the e-cigarettes and include them in their have been some limited attempts to case of some smaller markets, they may smoking prohibitions, it is unknown market flights for smokers or create a not have a convenient option to avoid whether this is standard practice. ‘‘smokers airline’’ which would allow or There are incentives for charter exposure by choosing an airline that even encourage passengers to smoke airlines to voluntarily adopt smoking disallowed use (which could represent during flight. However, none of these bans despite the lack of a legal another type of market failure, but not efforts have been successful to date.24 requirement. In the case of domestic one that is the primary concern of this This probably reflects that a consumer’s charters, assuring the accommodation of regulatory action). decision regarding which flight to Regarding e-cigarettes specifically, nonsmoking passengers in a purchase is complicated, involving they typically do not involve nonsmoking section in accordance with price, availability, safety record or combustion. However, they require an the law could create some planning perceptions, and multiple other inhalation and exhalation action similar difficulties unless a service provider attributes. The ability to smoke on a to smoking traditional cigarettes and knows in advance the smoking status of flight would only be one aspect, and they produce a cloud of aerosol which each passenger; it is easier and requires probably a very small one, in the overall can be mistaken for smoke. E-cigarettes less planning to simply disallow the decision. In addition, one would expect are generally designed to look like and activity. Moreover, to attract customers, that at least some customers would be used in the same manner as many of these carriers advertise receipt purposely avoid flights that allowed conventional cigarettes. Passengers who of various safety certifications (e.g., the smoking. Due to relative importance of do not engage in or understand the FAA’s Diamond Award of Excellence, other attributes (i.e. price), there are process of e-cigarette use can easily Argus rated, AACA Medallion) as part limits to how successful carriers who mistake the act for traditional smoking. of their marketing strategy. Permitting focus exclusively on attracting smokers Thus, even if second-hand exposure to passengers to smoke onboard would be can be. e-cigarette aerosol were ever determined at odds with the standards of the In sum, at least 99 percent of to not lead to the same type of health certifying organizations. Finally, and passenger enplanements occur on flights consequences as exposure to tobacco perhaps most importantly, it is more that prohibit smoking of any type, smoke, nearby passengers may still costly to operate aircraft where smoking including both traditional cigarettes and experience discomfort, stress or some in is permitted. Smoking increases e-cigarettes. The remaining one percent cases display aggression or fear because hardware costs since cabin air filters of enplanements appears to be on they believe their health is threatened. have to be changed more frequently and charter flights that largely prohibit Currently, the state of knowledge avionics need to be cleaned more often. smoking of traditional cigarettes. Some regarding the effects of secondhand The higher expense associated with of the charter companies also extend the exposure to e-cigarette aerosol does not prohibition to e-cigarettes, but the rule out the possibility of actual adverse 19 http://corporatejetinvestor.com/articles/how-to- charter-private-jet-503/. extent of that practice is unknown. health effects to nearby individuals who 20 http://www.usskylink.com/resource/air-charter- Need for the Rule do not directly choose to engage in this faq- activity. In fact, some research supports details.asp?fldNAME=Air%20Charter%20Flights. The involuntary exposure to second- the case that bystanders incur actual 21 A few other examples of explicit smoking hand smoke or e-cigarette aerosol in an adverse health effects when exposed to prohibitions are as follows: Charter Air Transport, airplane cabin represents one classic Inc. states ‘‘Smoking is prohibited on all secondhand e-cigarette aerosol. flights.... NOTE: This includes electronic example of a market failure, an In the absence of a rule, carriers are cigarettes’’ (see http:// externality; the smoker (of either free to make their own determinations www.charterairtransport.com/); Avjet Corporation regarding the use of e-cigarettes. Charter indicates that their entire charter fleet is 23 The increase would need to be net of the operations have historically had nonsmoking (http://www.avjet.com/); Atlas Air’s reduction in demand from passengers with an policy is that ‘‘Smoking is prohibited on our Flights aversion to smoking. additional flexibility regarding smoking (www.atlasair.com/aa/); and Dynamic Airways 24 The names of these airlines were: Great in general, as long as they accommodate conditions of service include ‘‘Dynamic flights are American Smokers’ Club, Smokers Express, nonsmoking patrons in accordance with non-smoking. Smoking cigarettes, regular and Freedom Air, and Smintair. None ever commenced the law (e.g., no-smoking sections). electronic, is not allowed onboard our aircraft, but commercial operation (see, for example, http:// Scheduled service providers have chewing tobacco is allowed’’ (https:// www.sourcewatch.org/index.php/Smokers_ www.airdynamic.com) . Interestingly one carrier Express_Airlines; http:// chosen to prohibit e-cigarette use and addresses e-cigarette use with no reference to articles.chicagotribune.com/1993-10-03/travel/ charters typically do not allow smoking traditional smoking, ‘‘You’re not allowed to use 9310030004_1_flights-american-trans-air-smokers; of traditional cigarettes (some charters electronic cigarettes on the plane’’ (http:// http:///articles.chicagotribune.com/1993-10-03/ also prohibit e-cigarettes but the degree www.thomson.co.uk/flight/0. travel/9310030027_1_freedom-air-smokers- 22 http://www.skywardaviation.com/76/ passengers; http://www.nytimes.com/2006/09/03/ to which this is standard practice is FAQ.html. business/worldbusiness/03iht-smoke.2683305.html) unknown). Without this rule, it is

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possible that some airlines could relax rule. First, some carriers could incur smoking on their flights so the benefits their current policies, which would new costs relative to the baseline due to of this nature are expected to be small. increase passenger and flight crew the need to more actively enforce their There is no cost to operators for secondhand exposure to aerosols and prohibitions. This could occur if some hardware related to smoking bans. In quite possibly, traditional tobacco consumers mistakenly interpret DOT’s fact, smoking bans reduce hardware smoke in the case of some charters. failure to enact a federal prohibition as costs as cabin air filters do not have to ensuring their right to engage in e- be changed as frequently and avionics Impacts, Benefits and Costs of the Final cigarette use in an airplane cabin. do not have to be cleaned as often, Rule Alternatively, some carriers might lift which is one reason that charter flights In general, the impacts of the rule will their prohibitions, which could reduce have opted to prohibit smoking, even be very modest, and generate little in the burden on the minority of the when allowed by law. The American terms of measurable benefits and costs. population that uses e-cigarettes and Aviation Institute, in its comments on There will probably be no change to the whose activities are now restricted. the NPRM, raised the issue of additional current baseline for scheduled However, removing e-cigarette costs due to new placards and passenger operations. The existing restrictions would reduce benefits notification lights, and re-printing of regulation prohibits smoking on such relative to the current baseline by airline manuals.25 These should not be flights and as described above, airlines exposing other passengers and flight significant costs associated with this that provide scheduled passenger crew to secondhand aerosols. final rule since all aircraft are already service treat the smoking ban as Additionally, airlines would probably required to be equipped with no- covering e-cigarettes. Scheduled need to offer additional training to crew smoking signs and lights. Some operations represent roughly 99 percent members and the pre-flight briefing operators may feel the need to update of passenger enplanements and thus, the would have to be longer, to educate and documents used to communicate to rule can do little to impact current explain what, when and where passengers and employees the activities industry practice overall. particular smoking products may and prohibited by law. However, such For charter (nonscheduled) flight may not be used. document update is not a direct operations, the impacts should also be The nonscheduled segment of the requirement of the final rule and would small. Based upon review of carrier Web industry could potentially experience be voluntary on the part of affected sites and their advertisements, charter greater impact than the scheduled airlines. The costs of updating such companies appear to prohibit smoking service segment, because while some materials should be small since most of traditional cigarettes. Operating a charter airlines explicitly prohibit e- charter flights already do not allow nonsmoking airline is less costly, makes cigarette use, the extent to which this smoking and probably have developed accommodating non-smoking patrons in practice is standard or typical is documents in support of their policies. accordance with the law easier, and unknown. However, the widespread In addition, such documents are assists in the receipt of certain safety adoption of an e-cigarette ban on the routinely updated since laws regarding certifications and perhaps the award of part of scheduled service airlines prohibited behaviors and security government contracts that may serve as suggests that implementing an e- concerns are constantly evolving. An useful marketing tools. While it is not cigarette prohibition is not particularly operator could reduce the costs of known with any certainty whether the costly, at least when a general smoking updating documents to reflect changes prohibitions apply to e-cigarette use, the ban is already in place. To the extent as they pertain to smoking by waiting widespread and seamless adoption of e- that e-cigarette use is allowed on charter until there is a more general need for cigarette bans in the scheduled service flights, a ban will add a burden to updating. component of the industry suggests that smoking patrons who will no longer be To the extent that the rule, in effect, extending the prohibitions to e- able to engage in the activity while in expands the existing ban on smoking cigarettes can be accomplished without flight. The burden to smoking patrons (for traditional tobacco products and its too much difficulty or cost. will probably constitute the primary extension to electronic cigarettes), there burden of the rule with respect to e- Including E-Cigarettes in the General could be a cost to operators in the form cigarettes. However, benefits will accrue Smoking Ban: Benefits and Costs of lost revenue or profits due to a to nearby passengers and crew who no As noted above, the inclusion of e- reduction in demand for flights from longer are exposed to secondhand customers who would wish to smoke on cigarettes in the general smoking ban aerosol. will not affect, but will simply reinforce, those flights. Such costs are largely current industry practice in the Implementation of Section 401 of the speculative since they would apply to scheduled service segment of the airline FAA Modernization and Reform Act: operators who allow smoking and industry. Consequently, the final rule Benefits and Costs consumers who chose their particular probably will produce close to zero The rule amends 14 CFR part 252 to flights based primarily on the ability to benefits and zero costs over the current implement section 401 of the FAA smoke; DOT was unable to identify any baseline when considering impacts Modernization and Reform Act and businesses, successful or otherwise, solely to and resulting from scheduled extends the general smoking ban to operating under this model. Given that service providers. The inclusion of e- nonscheduled interstate, intrastate, and smokers will not have a smoking flight cigarettes may potentially have greater foreign passenger air transportation alternative (except perhaps chartering impact on nonscheduled or charter when a flight attendant is required. To their own private flight where a flight service and these potential impacts, as the extent that charter airlines allow attendant is not required), they will well as benefits and costs, are discussed smoking, the final rule will produce need to choose another transportation below. benefits in terms of reduced secondhand mode such as driving to their Conversely, if DOT were to determine exposure to tobacco smoke, and the destination or if an alternative mode is that e-cigarettes were not covered under resulting positive health effects to 25 Comments of the American Aviation Institute the ban, the current industry nonsmoking passengers and flight crew. in the Matter of Smoking of Electronic Cigarettes on environment could be affected, more so Again based upon a review of charter Aircraft, Docket DOT–OST–2011–0044, September than would be expected under this final airline Web sites, most already prohibit 26, 2011.

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not feasible, they would need to choose Alternatives lessen the economic effect of the rule on to not travel at all, if the ability to smoke DOT has identified only one viable small entities. As discussed below, DOT was the primary consideration in their regulatory alternative: A final rule that finds that this final rule will not have decision-making process. Or they might is limited in scope to solely to a significant economic impact on a choose alternate nicotine delivery implementing Section 401 of the FAA substantial number of small entities. For purposes of rules promulgated by systems, such as patches and gum. The Modernization and Reform Act. Such a the Office of the Secretary of lack of flight alternatives coupled with rule would not alter the definition of Transportation regarding aviation the presence of alternative nicotine smoking to cover e-cigarettes. DOT has economic and consumer matters, an delivery systems will likely limit the determined that the alternative of ‘‘no airline is a small entity for purposes of reduction in demand that the small regulatory action’’ (i.e. the status quo) is number of operators who would allow the Regulatory Flexibility Act if it not viable since the Department is provides air transportation only with smoking could experience. In addition, required to implement Section 401 of any reduction in demand from smokers aircraft having 60 or fewer seats and no the FAA Modernization and Reform more than 18,000 pounds payload may, to some extent, be offset by Act, at a minimum. increased demand from non-smokers. capacity. Referring to Table A.1, this Restricting the rule to Section 401 final rule applies to 63 (15 + 48) small Comparison of Costs to Benefits implementation would represent the U.S. carriers.27 Of these small carriers, minimum regulatory action that the Due to the inability to identify any 50 (13 + 37), or about 79 percent, Department could undertake. To the provide scheduled service and are specific carrier that would need to extent that smoking of traditional change its current practices subject to the general smoking ban. As cigarettes is occurring on nonscheduled noted above, scheduled service significantly, DOT was unable to interstate, intrastate, and foreign quantify the costs and the benefits of the providers have overwhelmingly adopted passenger air transportation when a prohibitions on e-cigarette use. DOT is rule, but believes both are probably very flight attendant is a required crew small. The overwhelming majority of unaware of any small scheduled service member, there would still be some carrier that would need to change its e- passengers travel on scheduled service benefits related to reduced secondhand where smoking, including the use of e- cigarette policy in response to this final smoke exposure from traditional rule. In addition, the widespread cigarettes, is already prohibited. If cigarettes. smoking were to be allowed on industry ban on e-cigarettes suggests This alternative would continue to that it is quite easy to cover e-cigarettes nonscheduled flights, benefits of a ban allow airlines to develop their own would include reductions in potential once a smoking ban is in place. Thus, policies regarding use of e-cigarettes, it is expected that the typical small exposure to secondhand smoke for allowing them to change their current passengers and crewmembers. scheduled service airline will policies if they desire. If a carrier chose experience no impacts due to this rule. Expanding the ban on smoking to cover to change its policy, this would expose e-cigarettes could reduce health hazards The remaining 13 (2 + 11) small passengers and crewmembers to airlines, or roughly 21 percent, provide related to secondhand exposure to potentially harmful health risks. Also, exhaled aerosols. The costs to operators nonscheduled or charter services. Based any change in policy to allow for the use upon a review of their individual Web should be minimal, but some passengers of e-cigarettes would require flight could experience some costs due to a sites, none of these carriers cater their attendants to distinguish among various businesses to smoking patrons (smokers reduced opportunity to smoke. cigarettes and devices to determine The risks and resulting adverse health of either traditional or e-cigarettes). As which are acceptable. For example, the noted above, providers of charter consequences associated with Air Line Pilots Association (ALPA) secondhand exposure to tobacco smoke airplane service have several incentives noted in their comments the possibility to prohibit smoking of traditional are well-documented.26 Existing of passenger and crewmember cigarettes, including lower operating evidence indicates that e-cigarettes may confusion in differentiating e-cigarettes costs, ease of accommodating also have adverse health impacts, not from tobacco cigarettes, as the two nonsmoking patrons, and meeting the just for users, but for those nearby. products can be difficult to distinguish standards necessary for receipt of safety Those seated next to users may not want from each other. In addition, carriers certifications and government contracts. to expose themselves (or their babies or that do not change their policies could In addition, several of the small charter older children) to the risks of these incur new costs due to the need to more airlines have fleets that consist of adverse health impacts and at least actively enforce their prohibitions. This extremely small aircraft (i.e. Cessnas or some crewmembers may prefer to work could occur if some consumers other planes that seat fewer than 10 in an environment free of these risks mistakenly interpret the lack of a federal passengers), and smoking is already since they fly far more frequently than prohibition as ensuring their right to banned on these aircraft (see existing most passengers. Due to the involuntary engage in e-cigarette use in an airplane section 252.13). Moreover, some of these nature of the risk of secondhand cabin. For these reasons, DOT rejected companies provide medical exposure, the Department believes that this alternative. transportation services, which is likely it is prudent to give greater weight to the at odds with a permissive smoking potential benefits of the rule than to the B. Regulatory Flexibility Analysis policy. While it is not known with any inconvenience costs incurred by DOT has examined the economic certainty whether these factors also smoking passengers or any small implications of this final rule for small represent incentives to restrict e- incremental costs incurred by airline entities as required by the Regulatory cigarette use, the swift adoption of e- operators. Flexibility Act (5 U.S.C. 601 et seq.). cigarette bans in the scheduled service Unless an agency determines that a rule component of the industry suggests that 26 See, for example: http://www.cdc.gov/tobacco/ is not expected to have a significant extending the prohibitions to e- data_statistics/fact_sheets/secondhand_smoke/ economic impact on a substantial health_effects// ; http://www.lung.org/stop- smoking/smoking-facts/health-effects-of- number of small entities, the Regulatory 27 RFA analysis is typically limited to domestic secondhand-smoke.html?referrer=https:// Flexibility Act requires the agency to firms because SBA guidelines and definitions www.google.com/ analyze regulatory options that would pertain to U.S.-based entities.

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cigarettes can be accomplished without Policy Act of 1969 (NEPA) (42 U.S.C. amended by section 708 of Pub. L. 106–181 too much difficulty or cost once a ban 4321 et seq.) and has determined that it and section 401 of Pub. L. 112–95, 41711, on smoking is already in place. is categorically excluded pursuant to and 46301. For the reasons described about, the DOT Order 5610.1C, Procedures for ■ 2. Section 252.1 is revised to read as final rule is unlikely to produce a Considering Environmental Impacts (44 follows: significant financial impact on any FR 56420, Oct. 1, 1979). Categorical § 252.1 Purpose. small carrier, and probably will not exclusions are actions identified in an affect their operations in any agency’s NEPA implementing This part implements a ban on meaningful way. Therefore, the procedures that do not normally have a smoking as defined in § 252.3, including Secretary of Transportation certifies that significant impact on the environment the use of electronic cigarettes and the final rule will not have a significant and therefore do not require either an certain other devices, on flights by air economic impact on a substantial environmental assessment (EA) or carriers and foreign air carriers. number of small entities. environmental impact statement (EIS). ■ 3. Section 252.2 is revised to read as follows: C. Executive Order 13132 (Federalism) See 40 CFR 1508.4. In analyzing the applicability of a categorical exclusion, This final rule has been analyzed in § 252.2 Applicability. the agency must also consider whether This part applies to operations of air accordance with the principles and extraordinary circumstances are present criteria contained in Executive Order carriers engaged in interstate, intrastate that would warrant the preparation of and foreign air transportation and to 13132 (‘‘Federalism’’). This regulation an EA or EIS. Id. Paragraph 3.c.6.i of has no substantial direct effects on the foreign air carriers engaged in foreign air DOT Order 5610.1C categorically transportation. States, the relationship between the excludes ‘‘[a]ctions relating to consumer ■ 4. Section 252.3 is revised to read as national government and the States, or protection, including regulations.’’ The follows: the distribution of power and purpose of this rulemaking is to extend responsibilities among the various the smoking ban in 14 CFR part 252 to § 252.3 Definitions. levels of government. It does not contain include all charter flights where a flight As used in this part: any provision that imposes substantial attendant is a required crewmember and Air carrier means a carrier that is a direct compliance costs on State and to ban the use of e-cigarettes. The citizen of the United States undertaking local governments. It does not contain Department does not anticipate any to provide air transportation as defined any provision that preempts state law, environmental impacts, and there are no in 49 U.S.C. 40102. because states are already preempted extraordinary circumstances present in Foreign air carrier means a carrier that from regulating in this area under the connection with this rulemaking. is not a citizen of the United States Airline Deregulation Act, 49 U.S.C. undertaking to provide foreign air G. Unfunded Mandates Reform Act 41713. Therefore, the consultation and transportation as defined in 49 U.S.C. funding requirements of Executive The Department analyzed the final 40102. Order 13132 do not apply. rule under the factors in the Unfunded Smoking means the use of a tobacco D. Executive Order 13084 Mandates Reform Act of 1995. The product, electronic cigarettes whether or Department considered whether the rule not they are a tobacco product, or This rule has been analyzed in includes a federal mandate that may similar products that produce a smoke, accordance with the principles and result in the expenditure by State, local, mist, vapor, or aerosol, with the criteria contained in Executive Order and tribal governments, in the aggregate, exception of products (other than 13084 (‘‘Consultation and Coordination or by the private sector, of $100,000,000 electronic cigarettes) which meet the with Indian Tribal Governments’’). or more (adjusted annually for inflation) definition of a medical device in section Because none of the measures in the in any one year. The Department has 201(h) of the Federal Food, Drug and rule will significantly or uniquely affect determined that this final rule will not Cosmetic Act, such as nebulizers. the communities of the Indian tribal result in such expenditures. ■ 5. Section 252.4 is added to read as governments or impose substantial Accordingly, this final rule is not follows: direct compliance costs on them, the subject to the Unfunded Mandates funding and consultation requirements Reform Act. § 252.4 Smoking ban: air carriers. of Executive Order 13084 do not apply. Air carriers shall prohibit smoking on List of Subjects in 14 CFR Part 252 E. Paperwork Reduction Act the following flights: Air carriers, Aircraft, Consumer (a) Scheduled passenger flights. Under the Paperwork Reduction Act, protection, Smoking. (b) Nonscheduled passenger flights, before an agency submits a proposed except for the following flights where a collection of information to OMB for Issued in Washington, DC, on February 19, 2016 under authority delegated in 49 CFR flight attendant is not a required approval, it must publish a document in 1.27(n). crewmember on the aircraft as the Federal Register providing notice of Kathryn B. Thomson, determined by the Administrator of the and a 60-day comment period on, and General Counsel. Federal Aviation Administration: otherwise consult with members of the (1) Single entity charters. public and affected agencies concerning, For the reasons stated in the (2) On-demand services of air taxi each proposed collection of information. preamble, the Office of the Secretary of operators. This rule imposes no new information Transportation amends 14 CFR part 252 (c) Nothing in this section shall be reporting or record keeping as set forth below: deemed to require air carriers to permit necessitating clearance by the Office of smoking aboard aircraft. Management and Budget. PART 252—[AMENDED] ■ 6. Section 252.5 is revised to read as follows: F. National Environmental Policy Act ■ 1. The authority citation for 14 CFR The Department has analyzed the part 252 is revised to read as follows: § 252.5 Smoking ban: foreign air carriers. environmental impacts of this final rule Authority: Pub. L. 101–164; 49 U.S.C. (a)(1) Foreign air carriers shall pursuant to the National Environmental 40102, 40109, 40113, 41701, 41702, 41706 as prohibit smoking on flight segments that

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occur between points in the United DEPARTMENT OF HEALTH AND submit product information concerning States, and between the United States HUMAN SERVICES devices to FDA’s Global Unique Device and any foreign point, in the following Identification Database (GUDID). The types of operations: Food and Drug Administration final rule incorporated a direct avenue (i) Scheduled passenger foreign air for the labeler to communicate with 21 CFR Parts 801 and 830 FDA’s GUDID via a UDI email address. transportation. [Docket No. FDA–2011–N–0090] This rule updates §§ 801.55(b)(2), (ii) Nonscheduled passenger foreign 801.57(c)(2), and 830.110(a) by air transportation, if a flight attendant is Unique Device Identification System; replacing the old email address with a a required crewmember on the aircraft Editorial Provisions; Technical new one. as determined by the Administrator of Amendment List of Subjects the Federal Aviation Administration or a foreign carrier’s government. AGENCY: Food and Drug Administration, 21 CFR Part 801 HHS. (2) Nothing in this section shall be Labeling, Medical devices, Reporting ACTION: Final rule; technical deemed to require foreign air carriers to and recordkeeping requirements. amendment. permit smoking aboard aircraft. 21 CFR Part 830 (b) A foreign government objecting to SUMMARY: The Food and Drug Administration (FDA or Agency) is Administrative practice and the application of paragraph (a) of this procedure, Incorporation by reference, section on the basis that paragraph (a) amending the Unique Device Identification (UDI) System regulation Labeling, Medical devices, Reporting provides for extraterritorial application and recordkeeping requirements. of the laws of the United States may to make editorial changes. This technical amendment updates the email Therefore, under the Federal Food, request and obtain a waiver of Drug, and Cosmetic Act and under paragraph (a) from the Assistant address associated with FDA’s UDI system, which allows FDA to obtain authority delegated to the Commissioner Secretary for Aviation and International information and offer support and of Food and Drugs, 21 CFR parts 801and Affairs, provided that an alternative assistance on medical devices through 830 are amended as follows: smoking prohibition resulting from their distribution and use, ensuring PART 801—LABELING bilateral negotiations is in effect. consistency with the requirements in § 252.7 [Removed] the Federal Food, Drug, and Cosmetic ■ 1. The authority citation for 21 CFR Act (the FD&C Act). This change is part 801 continues to read as follows: ■ 7. Section 252.7 is removed. necessary to ensure that the UDI team continues to maintain regular email Authority: 21 U.S.C. 321, 331, 351, 352, ■ 8. Section 252.8 is revised to read as 360i, 360j, 371, 374. communications with device labelers. follows: DATES: This rule is effective March 4, ■ 2. In § 801.55, revise paragraph (b)(2) § 252.8 Extent of smoking restrictions. 2016. to read as follows: The restrictions on smoking described FOR FURTHER INFORMATION CONTACT: § 801.55 Request for an exception from or in §§ 252.4 and 252.5 shall apply to all Adaeze Teme, Center for Devices and alternative to a unique device identifier locations within the aircraft. Radiological Health, Food and Drug requirement. Administration, 10903 New Hampshire * * * * * §§ 252.13 and 253.15 [Removed] Ave., Bldg. 66, Rm. 5574, Silver Spring, (b) * * * MD 20993–0002, 240–402–0768. (2) In all other cases, by email to: ■ 9. Sections 252.13 and 253.15 are SUPPLEMENTARY INFORMATION: FDA is [email protected], or by removed. updating the UDI email address in the correspondence to: UDI Regulatory ■ 10. Section 252.17 is revised to read following regulations that set forth the Policy Support, Center for Devices and as follows: procedures for notifying the Agency Radiological Health, Food and Drug when: (1) Requesting an exception from Administration, 10903 New Hampshire § 252.17 Enforcement. or alternative to a unique device Ave., Bldg. 66, Rm. 3303, Silver Spring, MD 20993–0002. Air carriers and foreign air carriers identifier requirement (§ 801.55 (21 CFR shall take such action as is necessary to 801.55)); (2) requesting continued use of * * * * * ensure that smoking by passengers or legacy FDA identification numbers ■ 3. In § 801.57, revise the second crew is not permitted where smoking is assigned to devices (§ 801.57 (21 CFR sentence of paragraph (c)(2) to read as 801.57)); and (3) applying for prohibited by this part, including but follows: accreditation as an issuing Agency not limited to aircraft lavatories. (§ 830.110 (21 CFR 830.110)). § 801.57 Discontinuation of legacy FDA identification numbers assigned to devices. § 252.19 [Removed] Specifically, the Agency is removing an old email address and replacing it * * * * * ■ 11. Section 252.19 is removed. with a new one, thereby maintaining (c) * * * [FR Doc. 2016–04799 Filed 3–3–16; 8:45 am] consistency with the requirements of (2) **** A request for continued use of an assigned labeler code must be BILLING CODE 4910–9X–P the FD&C Act (21 U.S.C. 321 et seq.). In the Federal Register of September submitted by email to: GUDIDSupport@ 24, 2013 (78 FR 58786), FDA issued a fda.hhs.gov, or by correspondence to: final rule to establish a system to UDI Regulatory Policy Support, Center adequately identify devices through for Devices and Radiological Health, distribution and use. The rule required Food and Drug Administration, 10903 the label of medical devices to include New Hampshire Ave., Bldg. 66, Rm. a UDI, except where an exception or 3303, Silver Spring, MD 20993–0002. alternative applies. The labeler must * * * * *

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PART 830—UNIQUE DEVICE pyrrolidinobutiophenone (a-PBP) current list of all scheduled substances IDENTIFICATION [hereinafter 4–MEC, 4-MePPP, a-PVP, is published at 21 CFR part 1308. butylone, pentedrone, pentylone, 4– Section 201 of the CSA (21 U.S.C. ■ 4. The authority citation for 21 CFR FMC, 3–FMC, naphyrone, and a-PBP, 811) provides the Attorney General with part 830 continues to read as follows: respectively], including their optical, the authority to temporarily place a Authority: 21 U.S.C. 321, 331, 352, 353, positional, and geometric isomers, salts, substance into schedule I of the CSA for 360, 360d, 360i, 360j, 371. and salts of isomers. The current final two years without regard to the ■ 5. In § 830.110, revise paragraph (a)(1) order temporarily placing 4–MEC, 4- requirements of 21 U.S.C. 811(b) if she to read as follows: MePPP, a-PVP, butylone, pentedrone, finds that such action is necessary to pentylone, 4–FMC, 3–FMC, naphyrone, avoid an imminent hazard to the public § 830.110 Application for accreditation as and a-PBP into schedule I is in effect safety. 21 U.S.C. 811(h)(1). In addition, an issuing agency. through March 6, 2016. This final order if proceedings to control a substance are (a) * * * (1) An applicant seeking will extend the temporary scheduling of initiated under 21 U.S.C. 811(a)(1), the initial FDA accreditation as an issuing 4–MEC, 4-MePPP, a-PVP, butylone, Attorney General may extend the agency shall notify FDA of its desire to pentedrone, pentylone, 4–FMC, 3–FMC, temporary scheduling for up to one be accredited by sending a notification naphyrone, and a-PBP for one year, or year. 21 U.S.C. 811(h)(2). by email to: GUDIDSupport@ until the permanent scheduling action Where the necessary findings are fda.hhs.gov, or by correspondence to: for these 10 substances is completed, made, a substance may be temporarily UDI Regulatory Policy Support, Center whichever occurs first. scheduled if it is not listed in any other schedule under section 202 of the CSA for Devices and Radiological Health, DATES: This final order is effective (21 U.S.C. 812) or if there is no Food and Drug Administration, 10903 March 4, 2016. New Hampshire Ave., Bldg. 66, Rm. exemption or approval in effect for the FOR FURTHER INFORMATION CONTACT: 3303, Silver Spring, MD 20993–0002. substance under section 505 of the Barbara J. Boockholdt, Office of * * * * * Federal Food, Drug, and Cosmetic Act Diversion Control, Drug Enforcement (FDCA), 21 U.S.C. 355. 21 U.S.C. Dated: February 29, 2016. Administration; Mailing Address: 8701 811(h)(1). The Attorney General has Leslie Kux, Morrissette Drive, Springfield, Virginia delegated her scheduling authority Associate Commissioner for Policy. 22152; Telephone: (202) 598–6812. under 21 U.S.C. 811 to the [FR Doc. 2016–04707 Filed 3–3–16; 8:45 am] SUPPLEMENTARY INFORMATION: Administrator of the DEA. 28 CFR BILLING CODE 4164–01–P Legal Authority 0.100. The Drug Enforcement Background Administration (DEA) implements and DEPARTMENT OF JUSTICE On March 7, 2014, the DEA published enforces titles II and III of the a final order in the Federal Register Drug Enforcement Administration Comprehensive Drug Abuse Prevention amending 21 CFR 1308.11(h) to and Control Act of 1970, as amended. temporarily place the 10 synthetic 21 CFR Part 1308 Titles II and III are referred to as the cathinones 4-methyl-N-ethylcathinone ‘‘Controlled Substances Act’’ and the (4–MEC); 4-methyl-alpha- [Docket No. DEA–386] ‘‘Controlled Substances Import and pyrrolidinopropiophenone (4-MePPP); Export Act,’’ respectively, and are alpha-pyrrolidinopentiophenone (a- Schedules of Controlled Substances: collectively referred to as the PVP); 1-(1,3-benzodioxol-5-yl)-2- Extension of Temporary Placement of ‘‘Controlled Substances Act’’ or the (methylamino)butan-1-one (butylone); 10 Synthetic Cathinones in Schedule I ‘‘CSA’’ for purpose of this action. 21 2-(methylamino)-1-phenylpentan-1-one of the Controlled Substances Act U.S.C. 801–971. The DEA published the (pentedrone); 1-(1,3-benzodioxol-5-yl)- AGENCY: Drug Enforcement implementing regulations for these 2-(methylamino)pentan-1-one Administration, Department of Justice. statutes in title 21 of the Code of Federal (pentylone); 4-fluoro-N- ACTION: Final order. Regulations (CFR), chapter II. methylcathinone (4–FMC); 3-fluoro-N- The CSA and its implementing methylcathinone (3–FMC); 1- SUMMARY: The Administrator of the Drug regulations are designed to prevent, (naphthalen-2-yl)-2-(pyrrolidin-1- Enforcement Administration is issuing detect, and eliminate the diversion of yl)pentan-1-one (naphyrone); and alpha- this final order to extend the temporary controlled substances and listed pyrrolidinobutiophenone (a-PBP) into schedule I status of 10 synthetic chemicals into the illicit market while schedule I of the CSA pursuant to the cathinones pursuant to the temporary ensuring an adequate supply is available temporary scheduling provisions of 21 scheduling provisions of the Controlled for the legitimate medical, scientific, U.S.C. 811(h). 79 FR 12938. That final Substances Act. The 10 substances are: research, and industrial needs of the order was effective on the date of 4-methyl-N-ethylcathinone (4–MEC); 4- United States. Controlled substances publication, and was based on findings methyl-alpha- have the potential for abuse and by the Deputy Administrator of the DEA pyrrolidinopropiophenone (4-MePPP); dependence and are controlled to that the temporary scheduling of these alpha-pyrrolidinopentiophenone (a- protect the public health and safety. ten synthetic cathinones was necessary PVP); 1-(1,3-benzodioxol-5-yl)-2- Under the CSA, every controlled to avoid an imminent hazard to the (methylamino)butan-1-one (butylone); substance is classified into one of five public safety pursuant to 21 U.S.C. 2-(methylamino)-1-phenylpentan-1-one schedules based upon its potential for 811(h)(1). Section 201(h)(2) of the CSA (pentedrone); 1-(1,3-benzodioxol-5-yl)- abuse, its currently accepted medical (21 U.S.C. 811(h)(2)) requires that the 2-(methylamino)pentan-1-one use in treatment in the United States, temporary control of these substances (pentylone); 4-fluoro-N- and the degree of dependence the drug expires two years from the effective date methylcathinone (4–FMC); 3-fluoro-N- or other substance may cause. 21 U.S.C. of the scheduling order, or on March 6, methylcathinone (3–FMC); 1- 812. The initial schedules of controlled 2016. However, the CSA also provides (naphthalen-2-yl)-2-(pyrrolidin-1- substances established by Congress are that during the pendency of proceedings yl)pentan-1-one (naphyrone); and alpha- found at 21 U.S.C. 812(c), and the under 21 U.S.C. 811(a)(1) with respect

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to the substance, the temporary positional, and geometric isomers, salts, a general notice of proposed scheduling of that substance could be and salts of isomers be extended for one rulemaking. extended for up to one year. year, or until the permanent scheduling Additionally, this action is not a Proceedings for the permanent proceeding is completed, whichever significant regulatory action as defined scheduling of a substance under 21 occurs first. by Executive Order 12866 (Regulatory In accordance with this final order, U.S.C. 811(a) may be initiated by the Planning and Review), section 3(f), and, the schedule I requirements for Attorney General (delegated to the accordingly, this action has not been handling 4–MEC, 4-MePPP, a-PVP, Administrator of the DEA pursuant to reviewed by the Office of Management 28 CFR 0.100) on his or her own motion, butylone, pentedrone, pentylone, 4– and Budget (OMB). at the request of the Secretary of Health FMC, 3–FMC, naphyrone, or a-PBP, and Human Services,1 or on the petition including their optical, positional, and This action will not have substantial of any interested party. geometric isomers, salts, and salts of direct effects on the States, on the The Administrator of the DEA, on his isomers, will remain in effect for one relationship between the national own motion pursuant to 21 U.S.C. year, or until the permanent scheduling government and the States, or on the 811(a), has initiated proceedings under proceeding is completed, whichever distribution of power and 21 U.S.C. 811(a)(1) to permanently occurs first. responsibilities among the various schedule 4–MEC, 4-MePPP, a-PVP, levels of government. Therefore, in Regulatory Matters butylone, pentedrone, pentylone, 4– accordance with Executive Order 13132 FMC, 3–FMC, naphyrone, and a-PBP. The CSA provides for an expedited (Federalism), it is determined that this The DEA has gathered and reviewed the temporary scheduling action where action does not have sufficient available information regarding the such action is necessary to avoid an federalism implications to warrant the pharmacology, chemistry, trafficking, imminent hazard to the public safety. 21 preparation of a Federalism Assessment. U.S.C. 811(h). The Attorney General actual abuse, pattern of abuse, and the As noted above, this action is an relative potential for abuse for these 10 may, by order, schedule a substance in schedule I on a temporary basis. Id. 21 order, not a rule. Accordingly, the synthetic cathinones. On December 30, Congressional Review Act (CRA) is 2014, the DEA submitted a request to U.S.C. 811(h) also provides that the temporary scheduling of a substance inapplicable, as it applies only to rules. the HHS to provide the DEA with a It is in the public interest to maintain scientific and medical evaluation of shall expire at the end of two years from the temporary placement of 4–MEC, 4- available information and a scheduling the date of the issuance of the order MePPP, a-PVP, butylone, pentedrone, recommendation for 4–MEC, 4-MePPP, scheduling such substance, except that pentylone, 4–FMC, 3–FMC, naphyrone, a-PVP, butylone, pentedrone, the Attorney General may, during the and a-PBP in schedule I because they pentylone, 4–FMC, 3–FMC, naphyrone, pendency of proceedings to pose a public health risk. The temporary and a-PBP, in accordance with 21 permanently schedule the substance, scheduling action was taken pursuant to U.S.C. 811 (b) and (c). Upon evaluating extend the temporary scheduling for up 21 U.S.C. 811(h), which is specifically the scientific and medical evidence, on to one year. designed to enable the DEA to act in an March 2, 2016, the HHS submitted to To the extent that 21 U.S.C. 811(h) expeditious manner to avoid an the Administrator of the DEA its 10 directs that temporary scheduling imminent hazard to the public safety. scientific and medical evaluations for actions be issued by order and sets forth Under 21 U.S.C. 811(h), temporary these substances. Upon receipt of the the procedures by which such orders are scheduling orders are not subject to scientific and medical evaluation and to be issued and extended, the DEA notice and comment rulemaking scheduling recommendations from the believes that the notice and comment requirements of section 553 of the procedures. The DEA understands that HHS, the DEA reviewed the documents Administrative Procedure Act (APA) (5 the CSA frames temporary scheduling and all other relevant data, and U.S.C. 553) do not apply to this actions as orders rather than rules to conducted its own eight-factor analysis extension of the temporary scheduling ensure that the process moves swiftly, of the abuse potential of 4–MEC, 4- action. In the alternative, even assuming and this extension of the temporary MePPP, a-PVP, butylone, pentedrone, that this action might be subject to scheduling order continues to serve that pentylone, 4–FMC, 3–FMC, naphyrone, section 553 of the APA, the purpose. For the same reasons that and a-PBP in accordance with 21 U.S.C. Administrator finds that there is good underlie 21 U.S.C. 811(h), that is, the 811(c). The DEA has published a notice cause to forgo the notice and comment need to place these substances in of proposed rulemaking for the requirements of section 553, as any schedule I because they pose an placement of 4–MEC, 4-MePPP, a-PVP, further delays in the process for imminent hazard to public safety, it butylone, pentedrone, pentylone, 4– extending the temporary scheduling would be contrary to the public interest FMC, 3–FMC, naphyrone, and a-PBP order would be impracticable and to delay implementation of this into schedule I elsewhere in this issue contrary to the public interest in view extension of the temporary scheduling of the Federal Register. of the manifest urgency to avoid an order. Therefore, in accordance with Pursuant to 21 U.S.C. 811(h)(2), the imminent hazard to the public safety. section 808(2) of the CRA, this final Administrator of the DEA orders that Further, the DEA believes that this final order extending the temporary the temporary scheduling of 4–MEC, 4- order extending the temporary scheduling order shall take effect MePPP, a-PVP, butylone, pentedrone, scheduling action is not a ‘‘rule’’ as immediately upon its publication. The pentylone, 4–FMC, 3–FMC, naphyrone, defined by 5 U.S.C. 601(2), and, DEA has submitted a copy of this final and a-PBP, including their optical, accordingly, is not subject to the order to both Houses of Congress and to the Comptroller General, although such 1 Because the Secretary of the Department of requirements of the Regulatory Health and Human Services has delegated to the Flexibility Act (RFA). The requirements filing is not required under the Small Assistant Secretary for Health of the Department of for the preparation of an initial Business Regulatory Enforcement Health and Human Services the authority to make regulatory flexibility analysis in 5 U.S.C. Fairness Act of 1996 (Congressional domestic drug scheduling recommendations, for Review Act), 5 U.S.C. 801–808 because, purposes of this final order, all subsequent 603(a) are not applicable where, as here, references to ‘‘Secretary’’ have been replaced with the DEA is not required by section 553 as noted above, this action is an order, ‘‘Assistant Secretary.’’ of the APA or any other law to publish not a rule.

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Dated: March 2, 2016. Section 6035(a)(2) provides that each Office, Washington, DC 20402, or by Chuck Rosenberg, other person required to file a return visiting the IRS Web site at http:// Acting Administrator. under section 6018(b) must furnish, www.irs.gov. both to the Secretary and to each person [FR Doc. 2016–05004 Filed 3–3–16; 8:45 am] Special Analyses BILLING CODE 4410–09–P who holds a legal or beneficial interest in the property to which such return Certain IRS regulations, including this relates, a statement identifying the same one, are exempt from the requirements information described in section DEPARTMENT OF THE TREASURY of Executive Order 12866, as 6035(a)(1). supplemented and reaffirmed by Section 6035(a)(3)(A) provides that Internal Revenue Service Executive Order 13563. Therefore, a each statement required to be furnished regulatory impact assessment is not 26 CFR Part 1 under section 6035 (a)(1) or (2) is to be furnished at such time as the Secretary required. In addition, section 553(b) of the Administrative Procedure Act (5 [TD 9757] may prescribe, but in no case at a time later than the earlier of (i) the date U.S.C. chapter 5) does not apply to these RIN 1545–BM98 which is 30 days after the date on which regulations because they are excepted from the notice and comment Consistent Basis Reporting Between the return under section 6018 was required to be filed (including requirements of section 553(b) and (c) of Estate and Person Acquiring Property the Administrative Procedure Act under From Decedent extensions, if any) or (ii) the date which is 30 days after the date such return is the interpretative rule and good cause AGENCY: Internal Revenue Service (IRS), filed. exceptions provided by section Treasury. On August 21, 2015, the Treasury 553(b)(3)(A) and (B) of that Act. The Act included an immediate effective date, ACTION: Temporary regulations. Department and the IRS issued Notice 2015–57, 2015–36 IRB 294. Notice thus making the first required SUMMARY: This document contains 2015–57 delays until February 29, 2016, statements due 30 days after enactment. temporary regulations that provide the due date for any statements required It is necessary to provide more time to transition rules providing that executors by section 6035 that are due before that provide the statements required by and other persons required to file or same date. section 6035(a) to allow the Treasury furnish a statement under section On February 11, 2016, the Treasury Department and the IRS sufficient time 6035(a)(1) or (a)(2) before March 31, Department and the IRS issued Notice to issue both substantive and procedural 2016, need not do so until March 31, 2016–19, 2016–09 IRB. That notice guidance on how to comply with the 2016. These temporary regulations are provides that executors or other persons section 6035(a) requirement and to applicable to executors and other required to file or furnish a statement provide executors and other affected persons who file after July 31, 2015, under section 6035(a)(1) or (a)(2) before persons the opportunity to review this returns required by section 6018(a) or March 31, 2016, need not do so until guidance before preparing the required (b). March 31, 2016. statements. These regulations reiterate the relief in Notice 2016–19 and, DATES: Effective date. These regulations Explanation of Provisions because of the immediate need to are effective on March 4, 2016. These temporary regulations reiterate provide relief, notice and public Applicability dates: For date of that executors or other persons required comment pursuant to 5 U.S.C. 553(b) applicability, see § 1.6035–2T(b). to file or furnish a statement under and (c) is impracticable, unnecessary, FOR FURTHER INFORMATION CONTACT: section 6035(a)(1) or (a)(2) before March and contrary to the public interest. For Theresa Melchiorre (202) 317–6859 (not 31, 2016, need not do so until March 31, the applicability of the Regulatory a toll-free number). 2016. The text of these temporary Flexibility Act (5 U.S.C. chapter 6), Background regulations also serves as the text of the please refer to the Special Analyses proposed regulations under § 1.6035–2 section of the preamble to the cross- On July 31, 2015, the President of the in the related notice of proposed referenced notice of proposed United States signed into law H.R. 3236, rulemaking (REG–127923–15) in the rulemaking published in the Proposed the Surface Transportation and Proposed Rules section of this issue of Rules section in this issue of the Federal Veterans Health Care Choice the Federal Register. These temporary Register. Pursuant to section 7805(f) of Improvement Act of 2015, Public Law regulations are issued within 18 months the Internal Revenue Code (Code), these 114–41, 129 Stat. 443 (Act). Section of the date of the enactment of the regulations have been submitted to the 2004 of the Act added new section 6035. statutory provisions to which the Chief Counsel for Advocacy of the Small Section 6035 imposes reporting temporary regulations relate and, as Business Administration for comment requirements with regard to the value of authorized by section 7805(b)(2), are on their impact on small business. property included in a decedent’s gross effective/applicable to executors and estate for federal estate tax purposes. other persons who file a return required Drafting Information Section 6035(a)(1) provides that the by section 6018(a) or (b) after July 31, The principal author of these executor of any estate required to file a 2015. return under section 6018(a) must temporary regulations is Theresa furnish, both to the Secretary and to the Statement of Availability of IRS Melchiorre, Office of the Associate Chief person acquiring any interest in Documents Counsel (Passthroughs and Special property included in the decedent’s IRS Revenue Procedures, Revenue Industries). Other personnel from the gross estate for federal estate tax Rulings notices, notices and other Treasury Department and the IRS purposes, a statement identifying the guidance cited in this preamble are participated in their development. value of each interest in such property published in the Internal Revenue List of Subjects in 26 CFR Part 1 as reported on such return and such Bulletin (or Cumulative Bulletin) and other information with respect to such are available from the Superintendent of Income taxes, Reporting and interest as the Secretary may prescribe. Documents, U.S. Government Printing recordkeeping requirements.

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Temporary Amendments to the of the Chief Counsel, Department of the Bureau certifies that this final rule will Regulations Treasury, Bureau of Engraving and not have a significant economic impact Accordingly, 26 CFR part 1 is Printing, by phone at (202) 874–2500. on a substantial number of small entities amended as follows: SUPPLEMENTARY INFORMATION: because this final rule primarily affects individuals accessing BEP property and I. Background PART 1—INCOME TAXES is not likely to affect any small The mission of the Bureau of businesses. ■ Paragraph 1. The authority citation Engraving and Printing is to develop III. Unfunded Mandates Reform Act of for part 1 is amended by adding an entry and produce United States currency 1995 in numerical order to read in part as notes, trusted worldwide. BEP prints follows: billions of dollars in currency—referred The Bureau certifies that no actions to as Federal Reserve notes—each year were deemed necessary under the Authority: 26 U. S. C. 7805 * * * for delivery to the Federal Reserve Unfunded Mandates Reform Act of * * * * * System. Due to the sensitive nature of 1995. Furthermore, this final rule will Section 1.6035–2T also issued under 26 currency production operations, the not result in the expenditure by State, U.S.C. 6035. Bureau is generally closed to the public. local, and tribal governments, in the * * * * * Limited areas of the Bureau, however, aggregate, or by the private sector, of ■ Par. 2. Section 1.6035–2T is added to are accessible for public tours during $100,000,000 or more in any one year, read as follows: certain authorized dates and times. Any and will not significantly or uniquely individual entering, exiting, or on the affect small governments. § 1.6035–2T Transitional relief. Bureau’s property is subject to the rules IV. Regulatory Planning and Review (a) Statements due before March 31, of conduct as prescribed within the (Executive Orders 12866 and 13563) 2016. Executors and other persons regulations, and violations may result in required to file or furnish a statement criminal prosecution. The BEP has a This final rule is not a significant under section 6035(a)(1) or (a)(2) before high degree of security due to producing regulatory action as defined in March 31, 2016, need not do so until United States currency notes, and Executive Order 12866. Executive Order March 31, 2016. individuals entering, exiting, and on the 13563 calls for public participation and (b) Effective/applicability date. This property are placed on notice that they an open exchange of ideas in the section is effective/applicable to are subject to search and inspection of regulatory process and seeks regulations executors and other persons who file a their person, personal items and that are accessible, consistent, written in return required by section 6018(a) or (b) property while entering, exiting, and on plain language, and easy to understand. after July 31, 2015. the property. The Bureau has developed this final This final rule updates the Bureau’s rule in a manner consistent with these John Dalrymple, 1994 (59 FR 41978) regulations that principles. Deputy Commissioner for Services and concern conduct on BEP property. The Enforcement, final rule removes certain obsolete List of Subjects in 31 CFR Part 605 Approved: January 22, 2016. language, clarifies the rules of conduct Federal buildings and facilities. Mark J. Mazur, on the property, and increases the For the reasons stated in the Assistant Secretary of Treasury (Tax Policy). maximum penalty amount permitted for preamble, the Bureau of Engraving and [FR Doc. 2016–04716 Filed 3–2–16; 4:15 pm] violations to $5,000 in accordance with Printing amends 31 CFR part 605 to read BILLING CODE 4830–01–P 18 U.S.C. 3571. The final rule also omits as follows: the term Special as used in the previous regulations when referring to the BEP PART 605—REGULATIONS DEPARTMENT OF THE TREASURY Police. The term Special was GOVERNING CONDUCT IN BUREAU unnecessary and could lead to potential OF ENGRAVING AND PRINTING Bureau of Engraving and Printing confusion. This change has no effect on BUILDINGS AND ON THE GROUNDS the legal authority and jurisdiction of OF WASHINGTON, DC AND FORT 31 CFR Part 605 the BEP Police. The rights and WORTH, TEXAS responsibilities of the BEP Police Conduct on Bureau of Engraving and remain unchanged. ■ 1. The authority citation for part 605 Printing Property The notice of proposed rulemaking continues to read as follows: was published on December 10, 2015, AGENCY: Bureau of Engraving and Authority: 5 U.S.C. 301; Delegation, and provided a 60-day comment period, Printing, Treasury. Administrator, General Services, dated which ended on February 8, 2016. No December 3, 1992; Treasury Delegation, ACTION: Final rule. comments were received. Based on the Assistant Secretary (Management), dated SUPPLEMENTARY February 4, 1993. SUMMARY: The Department of the rationale set forth in the Treasury, Bureau of Engraving and INFORMATION to the notice of proposed ■ 2. Revise § 605.1 to read as follows: Printing (BEP or Bureau) is amending its rulemaking and in this final rule, the BEP is adopting the proposed rule as a § 605.1 Conduct on Bureau of Engraving regulations in order to remove certain and Printing property. obsolete language, clarify the rules of final rule with the slight modifications of adding the words ‘‘search or’’ before (a) Applicability. These regulations conduct on the property, and increase apply to the buildings and grounds of the maximum penalty amount permitted the word ‘‘inspection’’ in paragraphs (b)(6), (b)(7), and (b)(8) to ensure clarity the Bureau of Engraving and Printing for violations to $5,000 in accordance (BEP) located in Washington, DC, at with the United States Code. and consistency between related provisions. 14th and C Streets SW., and in Fort DATES: This regulation is effective April Worth, Texas, at 9000 Blue Mound 4, 2016. II. Regulatory Flexibility Act Road, and to all persons entering on FOR FURTHER INFORMATION CONTACT: In accordance with the Regulatory such property. Unless otherwise stated, Mark Hoggan, Attorney-Advisor, Office Flexibility Act (5 U.S.C 601 et seq.), the BEP buildings and grounds are referred

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to in these regulations as the (f) Nuisances. The use of loud, the property is prohibited without the ‘‘property.’’ abusive, or profane language, loitering, permission of the Director or the (b) Limited access. (1) The property is unauthorized assembly, the creation of Director’s designee. Note: The property a high-security facility and shall, in any hazard to persons or property, includes the Tour and Visitor Center general, be closed to the public. Except improper disposal of rubbish, spitting, and the limited areas accessible for as specified in this paragraph (b), access prurient prying, the commission of any public tour. is limited to BEP employees and those obscene or indecent act, or any other (k) Animals. Animals, except service persons having official business with disorderly conduct on the property is BEP. Failure to comply with any prohibited. The throwing of any articles animals, shall not be brought on the regulations of this part may result in of any kind in, upon, or from the property for other than official denial of access or removal from the property and climbing upon any purposes. property. unauthorized portion of the property is (l) Vehicular and pedestrian traffic. (2) Public tours of limited areas of the prohibited. (1) Drivers of all vehicles on the property are available during such times (g) Gambling. (1) Participation in property shall drive in a careful and safe as the Director may prescribe. games for money or other property, the manner at all times and shall comply (3) Limited areas of the property may operation of gambling devices, the with the signals and directions of BEP be open to persons authorized by the conduct of a lottery or pool, the selling Police and all posted traffic signs. Director or the Director’s designee. or purchasing of numbers, tickets, or Drivers are subject to all applicable (4) All persons entering and exiting any other gambling on the property is motor vehicle laws and regulations of the property may be required to present prohibited. the surrounding jurisdiction. suitable identification and may be (2) Possession on the property of any required to sign entry logs or registers. numbers slip or ticket, record, notation, (2) The blocking of entrances, (5) All persons entering and exiting receipt or other writing of a type driveways, walks, loading platforms, the property may be subject to screening ordinarily used in any illegal form of fire hydrants, or standpipes on the devices and shall submit to screening gambling, unless explained to the property is prohibited. upon request by BEP Police or satisfaction of the Director or the (3) Parking on the property is not authorized officials. Director’s designee, shall be evidence of allowed without a permit or authority. (6) All persons entering and exiting participation in an illegal form of Parking without a permit or authority, the property may be subject to search or gambling on the property. not in accordance with a permit or (h) Intoxicating substances, illegal inspection of their person, handbags, authority, or contrary to the direction of narcotics, and other controlled briefcases, and other handheld articles BEP Police, authorized officials, and substances. The possession, use, by BEP Police or authorized officials. posted signs or notices is prohibited. All persons on the property may be consumption, or being under the subject to additional search or influence of intoxicating substances, (m) Weapons and explosives. No inspection by BEP Police or authorized illegal narcotics, and other controlled person on the property shall carry officials upon entry, exit, and request. substances (see 21 CFR part 1308) while firearms, explosives, or other dangerous (7) All motor vehicles entering, entering and on the property is or deadly weapons as defined by Title exiting, or located on the property are prohibited. BEP Police may direct a 18 United States Code, either openly or subject to search or inspection of the person to complete a field sobriety test concealed, except for official purposes. exterior and interior compartments by or breathalyzer test upon reasonable (n) Smoking. Smoking on the property BEP Police or authorized officials at any suspicion of intoxication or influence. is not permitted except in designated time. The Director may authorize the smoking areas. (8) All lockers, cabinets, closets, desks possession, use, and consumption of or similar storage areas on the property alcoholic beverages on BEP property for (o) Penalties and other law. (1) are subject to search or inspection by infrequent, special occasions. Such Violations of this part shall be BEP Police or authorized officials. authorization must be in writing. punishable by a fine of not more than (9) All computers, data storage (i) Soliciting, vending, debt collection, $5,000 or the maximum extent devices, and data files owned or and distribution of handbills. allowable under the United States Code, controlled by BEP are subject to search Fundraising for any cause other than the whichever is greater, or imprisonment or inspection at any time. Combined Federal Campaign or other of not more than 30 days, or both in (10) Any entrance onto the property cause authorized by the Office of accordance with 40 United States Code, without official permission is Personnel Management, the commercial Section 1315. prohibited. soliciting and vending of all kinds, the (2) Violations of 18 United States (c) Video monitoring. All persons display or distribution of commercial Code, Section 930 (dangerous weapon entering, exiting, and on the property advertising, or the collecting of private clause) shall be punishable by a fine of will be monitored by video. Most debts other than as provided by law, in $100,000 or imprisonment for not more internal areas of the property, especially or on the property is prohibited. This than a year, or both, unless there is production areas, are continuously rule does not apply to BEP concessions intent to commit a crime with the monitored by video. Any video image or notices posted by authorized weapon, in which case the punishment may be recorded. employees on the bulletin boards. shall be a fine of $250,000 or (d) Preservation of property. It shall be Distribution of material such as imprisonment for not more than five unlawful for any person, without proper pamphlets, handbills, and flyers is years, or both. authority, to willfully destroy, damage, prohibited without prior approval from deface, or remove property. the Director or the Director’s designee. (3) Nothing contained in this part (e) Compliance with instructions and (j) Photographs and recordings. The shall be construed to abrogate any other signs. All persons on the property shall taking of photographs on the property is Federal, District of Columbia, or Texas comply with the instructions of BEP prohibited without permission of the law or regulations, or any Tarrant Police, authorized officials, and posted Director or the Director’s designee. The County ordinance applicable to the signs or notices. taking of voice or video recordings on property.

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Dated: February 24, 2016. Victoria Barge Canal, Bloomington, bridge will still be required to open on Leonard R. Olijar, Texas’’ in the Federal Register (79 FR signal for the passage of vessels. 78304). We received no comments on Director. IV. Discussion of Comments, Changes this temporary deviation. No public [FR Doc. 2016–04817 Filed 3–3–16; 8:45 am] and the Final Rule BILLING CODE 4840–01–P meeting was requested, and none was held. However, a contractor raised an As discussed above, a temporary issue regarding the requirements of deviation was published on December 30, 2014, and an interim rule was DEPARTMENT OF HOMELAND dispatchers to contact the vessels when published on July 10, 2015. The Coast SECURITY a vessel entered the two-mile bridge zone. In response to this concern, the Guard provided separate 60-day Coast Guard Coast Guard decided that prior to comment periods for the temporary issuance of a final rule, further deviation and the interim rule. No 33 CFR Part 117 comments would be accepted under an comments were received and no interim rule. changes to the final rule have been [Docket No. USCG–2014–0952] On July 10, 2015, the Coast Guard made. published an interim rule with request RIN 1625–AA09 V. Regulatory Analyses for comments entitled ‘‘Drawbridge Drawbridge Operation Regulation; Operation Regulation; Victoria Barge We developed this rule after Victoria Barge Canal, Bloomington, TX Canal, Bloomington, Texas’’ in the considering numerous statutes and Federal Register (80 FR 39683). The executive orders (E.O.s) related to AGENCY: Coast Guard, DHS. interim rule allowed mariners to rulemaking. Below we summarize our ACTION: Final rule. continue transit while the bridge was analyses based on a number of these being remotely operated and comment statutes and E.O.s, and we discuss First SUMMARY: The Coast Guard is modifying as to whether the proposed method of Amendment rights of protesters. the method of operation for the Victoria operation was sufficient to ensure the A. Regulatory Planning and Review Barge Canal Railroad Bridge (‘‘bridge’’) safety of vessels transiting the area. We across the Victoria Barge Canal, mile did not receive any comments on the E.O.s 12866 and 13563 direct agencies 29.4, at Bloomington, Victoria County, interim rule. No public meeting was to assess the costs and benefits of Texas. This final rule makes permanent requested, and none was held. available regulatory alternatives and, if the change in method of operation to regulation is necessary, to select allow the bridge owner to operate the III. Legal Authority and Need for Rule regulatory approaches that maximize bridge remotely from a dispatching The Coast Guard is issuing this rule net benefits. E.O. 13563 emphasizes the center in Spring, Texas. This final rule under authority 33 U.S.C. 499. The importance of quantifying both costs increases the efficiency of operations bridge owner, the Victoria County and benefits, of reducing costs, of while allowing for the safe navigation of Navigation District, in conjunction with harmonizing rules, and of promoting vessels through the bridge. the Union Pacific Railroad (UPRR) flexibility. This rule has not been DATES: This rule is effective March 4, requested permission to remotely designated a ‘‘significant regulatory 2016. operate the Victoria Barge Canal action,’’ under E.O. 12866. Accordingly, ADDRESSES: To view documents Railroad Bridge across the Victoria it has not been reviewed by the Office mentioned in this preamble as being Barge Canal, mile 29.4 at Bloomington, of Management and Budget. available in the docket, go to http:// Victoria County, Texas. Traffic on the This regulatory action determination www.regulations.gov, type [USCG– waterway consists of commercial is based on the ability that vessels can 2014–0952]. In the ‘‘SEARCH’’ box and traffic—primarily vessels and tows still transit the bridge. This final rule click ‘‘SEARCH.’’ Click on Open Docket providing services to the Port of allows all vessels utilizing this stretch of Folder on the line associated with this Victoria, and no reported recreational the waterway to continue to transit the rulemaking. traffic transits the waterway. The waterway unencumbered while vertical lift bridge has a vertical providing for the bridge owner to FOR FURTHER INFORMATION CONTACT: If clearance of 22 feet above high water in operate the bridge from a remote you have questions on this rule, call or the closed-to-navigation position and 50 location. Vessel operators should not email Ms. Geri Robinson; Bridge feet above high water in the open-to- see any changes in the efficiency of Administration Branch, Coast Guard; navigation position. vessel movements as the bridge will still telephone 504–671–2128, email Presently, the bridge opens on signal be required to open on signal for the [email protected]. for the passage of vessels in accordance passage of vessels. SUPPLEMENTARY INFORMATION: with 33 CFR 117.991. Under the B. Impact on Small Entities I. Table of Abbreviations Temporary Deviation published on December 30, 2014, and the interim rule The Regulatory Flexibility Act of 1980 CFR Code of Federal Regulations published on July 10, 2015, this bridge (RFA), 5 U.S.C. 601–612, as amended, DHS Department of Homeland Security has been remotely operated for the past requires federal agencies to consider the E.O. Executive order potential impact of regulations on small FR Federal Register year and mariners will not notice any Pub. L. Public Law changes to the ongoing method of entities during rulemaking. The term § Section operation of the bridge. ‘‘small entities’’ comprises small U.S.C. United States Code This final rule allows all vessels businesses, not-for-profit organizations utilizing this stretch of the waterway to that are independently owned and II. Background Information and continue to transit the waterway operated and are not dominant in their Regulatory History unencumbered while providing for the fields, and governmental jurisdictions On December 30, 2014, we published bridge owner to operate the bridge from with populations of less than 50,000. a temporary deviation from regulations; a remote location. Vessel operators The Coast Guard received no comments request for comments (TD) entitled should not see any changes in the from the Small Business Administration ‘‘Drawbridge Operation Regulation; efficiency of vessel movements as the on this rule. The Coast Guard certifies

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under 5 U.S.C. 605(b) that this rule will D. Federalism and Indian Tribal G. Protest Activities not have a significant economic impact Government The Coast Guard respects the First on a substantial number of small A rule has implications for federalism Amendment rights of protesters. entities. under Executive Order 13132, Protesters are asked to contact the This rule will affect the following Federalism, if it has a substantial direct person listed in the FOR FURTHER entities, some of which may be small effect on the States, on the relationship INFORMATION CONTACT section to entities: The property owners, vessel between the national government and coordinate protest activities so that your operators and waterway users who wish the States, or on the distribution of message can be received without to transit on Victoria Barge Canal daily. power and responsibilities among the jeopardizing the safety or security of However, this rule will not have a various levels of government. We have people, places or vessels. significant impact on a substantial analyzed this rule under that Order and List of Subjects in 33 CFR Part 117 number of small entities for the have determined that it is consistent following reasons: A test deviation was with the fundamental federalism Bridges. principles and preemption requirements conducted and an interim rule was PART 117—DRAWBRIDGE described in E.O. 13132. published and no opposition in OPERATION REGULATIONS response to the test or interim rule was Also, this rule does not have tribal received by the Coast Guard Office of implications under Executive Order For the reasons discussed in the Bridge Administration. Further, through 13175, Consultation and Coordination preamble, the interim rule amending 33 pre-coordination and consultation with with Indian Tribal Governments, CFR part 117 that published at 80 FR property owners, vessel operators and because it does not have a substantial 39683 on July 10, 2015, is adopted as a waterway users, this operating schedule direct effect on one or more Indian final rule without change. accommodates all waterway users with tribes, on the relationship between the Dated: February 19, 2016. minimal impact. Federal Government and Indian tribes, David R. Callahan, or on the distribution of power and While some owners or operators of Rear Admiral, U.S. Coast Guard, Commander, responsibilities between the Federal vessels intending to transit the bridge Eighth Coast Guard District. Government and Indian tribes. may be small entities, for the reasons [FR Doc. 2016–04827 Filed 3–3–16; 8:45 am] stated in section V.A above, this rule E. Unfunded Mandates Reform Act BILLING CODE 9110–04–P will not have a significant economic The Unfunded Mandates Reform Act impact on any vessel owner or operator. of 1995 (2 U.S.C. 1531–1538) requires DEPARTMENT OF HOMELAND Under section 213(a) of the Small Federal agencies to assess the effects of SECURITY Business Regulatory Enforcement their discretionary regulatory actions. In Fairness Act of 1996 (Public Law 104– particular, the Act addresses actions Coast Guard 121), we want to assist small entities in that may result in the expenditure by a understanding this rule. If the rule State, local, or tribal government, in the 33 CFR Part 165 would affect your small business, aggregate, or by the private sector of organization, or governmental $100,000,000 (adjusted for inflation) or [Docket Number USCG–2016–0148] jurisdiction and you have questions more in any one year. Though this rule concerning its provisions or options for will not result in such an expenditure, RIN 1625–AA00 we do discuss the effects of this rule compliance, please contact the person Safety Zone; Little Calumet River, elsewhere in this preamble. listed in the FOR FURTHER INFORMATION Chicago, IL CONTACT, above. F. Environment Small businesses may send comments AGENCY: Coast Guard, DHS. on the actions of Federal employees We have analyzed this rule under ACTION: Temporary final rule. Department of Homeland Security who enforce, or otherwise determine Management Directive 023–01 and SUMMARY: The Coast Guard is compliance with, Federal regulations to Commandant Instruction M16475.lD, establishing a temporary safety zone on the Small Business and Agriculture which guides the Coast Guard in the Little Calumet River, Chicago, IL. Regulatory Enforcement Ombudsman complying with the National This action is necessary and intended to and the Regional Small Business Environmental Policy Act of 1969 ensure safety of life on the navigable Regulatory Fairness Boards. The (NEPA) (42 U.S.C. 4321–4370f), and waters of the United States immediately Ombudsman evaluates these actions have made a determination that this prior to, during, and after a bridge annually and rates each agency’s action is one of a category of actions demolition. Entry of vessels or persons responsiveness to small business. If you which do not individually or into this zone is prohibited unless wish to comment on actions by cumulatively have a significant effect on specifically authorized by the Captain of employees of the Coast Guard, call 1– the human environment. This rule the Port Lake Michigan. 888–REG–FAIR (1–888–734–3247). The simply promulgates the operating DATES: This rule is effective without Coast Guard will not retaliate against regulations or procedures for actual notice from March 4, 2016 to 1 small entities that question or complain drawbridges. This action is categorically p.m. on March 10, 2016. For the about this rule or any policy or action excluded from further review, under purposes of enforcement, actual notice of the Coast Guard. figure 2–1, paragraph (32)(e), of the will be used from 8 a.m. to 1 p.m. on C. Collection of Information Instruction. February 29, 2016, or in the event of Under figure 2–1, paragraph (32)(e), of inclement weather or other unforeseen This rule calls for no new collection the Instruction, an environmental circumstances enforcement will take of information under the Paperwork analysis checklist and a categorical place on an alternate date from March Reduction Act of 1995 (44 U.S.C. 3501– exclusion determination are not 1, 2016 to March 10, 2016 from 8 a.m. 3520). required for this rule. to 1 p.m.

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ADDRESSES: To view documents Register. For the same reasons flexibility. This rule has not been mentioned in this preamble as being discussed in the preceding paragraph, designated a ‘‘significant regulatory available in the docket, go to http:// waiting for a 30 day notice period to run action,’’ under Executive Order 12866. www.regulations.gov, type USCG–2016– would be impracticable. Accordingly, it has not been reviewed 0148 in the ‘‘SEARCH’’ box and click by the Office of Management and III. Legal Authority and Need for Rule ‘‘SEARCH.’’ Click on Open Docket Budget. Folder on the line associated with this The legal basis for the rule is the We conclude that this rule is not a rule. You may also visit the Docket Coast Guard’s authority to establish significant regulatory action because we Management Facility in Room W12–140 safety zones: 33 U.S.C. 1231; 33 CFR anticipate that it will have minimal on the ground floor of the Department 1.05–1, 160.5; Department of Homeland impact on the economy, will not of Transportation West Building, 1200 Security Delegation No. 0170.1. interfere with other agencies, will not New Jersey Avenue SE., Washington, On February 29, 2016 or an alternate adversely alter the budget of any grant DC 20590, between 9 a.m. and 5 p.m., date from March 1, 2016 to March 10, or loan recipients, and will not raise any Monday through Friday, except Federal 2016 a bridge demolition will take place novel legal or policy issues. The safety holidays. on the Grand Calumet River at the zone created by this rule will be FOR FURTHER INFORMATION CONTACT: If junction with the Little Calumet River relatively small and enforced on you have questions on this rule, call or in Chicago, IL. The Captain of the Port February 29, 2016 or an alternate date email LT Lindsay Cook, Marine Safety Lake Michigan has determined that the from March 1, 2016 to March 10, 2016 Unit Chicago, U.S. Coast Guard; bridge demolition will pose a significant from 8 a.m. to 1 p.m. Under certain telephone (630) 986–2155, email risk to public safety and property. Such conditions, moreover, vessels may still [email protected]. hazards include launched and falling transit through the safety zone when debris. permitted by the Captain of the Port. SUPPLEMENTARY INFORMATION: IV. Discussion of the Rule B. Impact on Small Entities I. Table of Abbreviations With the aforementioned hazards in The Regulatory Flexibility Act of CFR Code of Federal Regulations 1980, 5 U.S.C. 601–612, as amended, DHS Department of Homeland Security mind, the Captain of the Port Lake FR Federal Register Michigan has determined that this requires Federal agencies to consider NPRM Notice of proposed rulemaking temporary safety zone is necessary to the potential impact of regulations on Pub. L. Public Law ensure the safety of the public during a small entities during rulemaking. The § Section bridge demolition on the Grand Calumet term ‘‘small entities’’ comprises small U.S.C. United States Code River at the junction with the Little businesses, not-for-profit organizations that are independently owned and II. Background Information and Calumet River. This safety zone will be operated and are not dominant in their Regulatory History enforced from 8 a.m. to 1 p.m. on February 29, 2016 or an alternate date fields, and governmental jurisdictions The Coast Guard is issuing this from March 1, 2016 to March 10, 2016. with populations of less than 50,000. temporary rule without prior notice and This zone will encompass all waters The Coast Guard certifies under 5 U.S.C. opportunity to comment pursuant to 1,500 feet in both directions on the 605(b) that this rule will not have a authority under section 4(a) of the Little Calumet River from the junction significant economic impact on a Administrative Procedure Act (APA) (5 of the Little Calumet River and the substantial number of small entities. U.S.C. 553(b)). This provision Grand Calumet River. Under the Regulatory Flexibility Act authorizes an agency to issue a rule Entry into, transiting, or anchoring (5 U.S.C. 601–612), we have considered without prior notice and opportunity to within the safety zone is prohibited the impact of this temporary rule on comment when the agency for good unless authorized by the Captain of the small entities. This rule will affect the cause finds that those procedures are Port Lake Michigan, or a designated on- following entities, some of which might ‘‘impracticable, unnecessary, or contrary scene representative. The Captain of the be small entities: The owners or to public interest.’’ Under 5 U.S.C. Port or a designated on-scene operators of vessels intending to transit 553(b)(B), the Coast Guard finds that representative may be contacted via on a portion of the Little Calumet River good cause exists for not publishing a VHF Channel 16. on February 29, 2016 or an alternate notice of proposed rulemaking (NPRM) date from March 1, 2016 to March 10, with respect to this rule because doing V. Regulatory Analyses 2016 from 8 a.m. to 1 p.m. so would be impracticable. The final We developed this rule after This safety zone will not have a details for this event were not known to considering numerous statutes and significant economic impact on a the Coast Guard until there was Executive orders related to rulemaking. substantial number of small entities for insufficient time remaining before the Below we summarize our analyses the reasons cited in the Regulatory event to publish a NPRM. Thus, based on a number of these statutes and Planning and Review section. delaying the effective date of this rule to Executive Orders, and we discuss First Additionally, before the enforcement of wait for a comment period to run would Amendment rights of protestors. the zone, we will issue local Broadcast be impracticable because it would Notice to Mariners and Public Notice of inhibit the Coast Guard’s ability to A. Regulatory Planning and Review Safety Zone so vessel owners and protect the public and vessels from the Executive Orders 12866 and 13563 operators can plan accordingly. hazards associated with a bridge direct agencies to assess the costs and Under section 213(a) of the Small demolition being conducted on benefits of available regulatory Business Regulatory Enforcement February 29, 2016 or an alternate date alternatives and, if regulation is Fairness Act of 1996 (Pub. L. 104–121), from March 1, 2016 to March 10, 2016. necessary, to select regulatory we want to assist small entities in We are issuing this rule, and under 5 approaches that maximize net benefits. understanding this rule. If the rule U.S.C. 553(d)(3), the Coast Guard finds Executive Order 13563 emphasizes the would affect your small business, that good cause exists for making this importance of quantifying both costs organization, or governmental temporary rule effective less than 30 and benefits, of reducing costs, of jurisdiction and you have questions days after publication in the Federal harmonizing rules, and of promoting concerning its provisions or options for

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compliance, please contact the person $100,000,000 (adjusted for inflation) or § 165.T09–0148 Safety Zone; Little listed in the FOR FURTHER INFORMATION more in any one year. Though this rule Calumet River, Chicago, IL. CONTACT section. will not result in such an expenditure, (a) Location. All waters 1,500 feet in Small businesses may send comments we do discuss the effects of this rule both directions on the Little Calumet on the actions of Federal employees elsewhere in this preamble. River from the junction of the Little who enforce, or otherwise determine F. Environment Calumet River and the Grand Calumet compliance with, Federal regulations to River. the Small Business and Agriculture We have analyzed this rule under (b) Enforcement Period. This rule will Regulatory Enforcement Ombudsman Department of Homeland Security be enforced on February 29, 2016 or an and the Regional Small Business Management Directive 023–01 and alternate date from March 1, 2016 to Regulatory Fairness Boards. The Commandant Instruction M16475.lD, March 10, 2016 from 8 a.m. to 1 p.m. Ombudsman evaluates these actions which guide the Coast Guard in (c) Regulations. (1) In accordance with annually and rates each agency’s complying with the National the general regulations in § 165.23 of responsiveness to small business. If you Environmental Policy Act of 1969 (42 this part, entry into, transiting, or wish to comment on actions by U.S.C. 4321–4370f), and have anchoring within this safety zone is employees of the Coast Guard, call 1– determined that this action is one of a prohibited unless authorized by the 888–REG–FAIR (1–888–734–3247). The category of actions that do not Captain of the Port Lake Michigan or a Coast Guard will not retaliate against individually or cumulatively have a designated on-scene representative. small entities that question or complain significant effect on the human (2) This safety zone is closed to all about this rule or any policy or action environment. This rule involves the vessel traffic, except as may be of the Coast Guard. establishment of a safety zone for a permitted by the Captain of the Port C. Collection of Information bridge demolition on the Grand Calumet Lake Michigan or a designated on-scene River at the junction with the Little representative. This rule will not call for a new Calumet River, Chicago, IL. It is collection of information under the (3) The ‘‘on-scene representative’’ of categorically excluded from further the Captain of the Port Lake Michigan Paperwork Reduction Act of 1995 (44 review under paragraph 34(g) of Figure U.S.C. 3501–3520). is any Coast Guard commissioned, 2–1 of the Commandant Instruction. An warrant or petty officer who has been D. Federalism and Indian Tribal environmental analysis checklist designated by the Captain of the Port Governments supporting this determination and a Lake Michigan to act on his or her A rule has implications for federalism Categorical Exclusion Determination are behalf. under Executive Order 13132, available in the docket where indicated (4) Vessel operators desiring to enter Federalism, if it has a substantial direct under ADDRESSES. We seek any or operate within the safety zone must effect on the States, on the relationship comments or information that may lead contact the Captain of the Port Lake between the national government and to the discovery of a significant Michigan or an on-scene representative the States, or on the distribution of environmental impact from this rule. to obtain permission to do so. The power and responsibilities among the G. Protest Activities Captain of the Port Lake Michigan or an various levels of government. We have on-scene representative may be analyzed this rule under that Order and The Coast Guard respects the First contacted via VHF Channel 16. Vessel have determined that it is consistent Amendment rights of protesters. operators given permission to enter or with the fundamental federalism Protesters are asked to contact the operate in the safety zone must comply principles and preemption requirements person listed in the FOR FURTHER with all directions given to them by the described in Executive Order 13132. INFORMATION CONTACT section to Captain of the Port Lake Michigan, or an Also, this rule does not have tribal coordinate protest activities so that your on-scene representative. implications under Executive Order message can be received without Dated: February 24, 2016. jeopardizing the safety or security of 13175, Consultation and Coordination A.B. Cocanour, people, places or vessels. with Indian Tribal Governments, Captain, U.S. Coast Guard, Captain of the because it does not have a substantial List of Subjects in 33 CFR Part 165 Port, Lake Michigan. direct effect on one or more Indian [FR Doc. 2016–04825 Filed 3–3–16; 8:45 am] tribes, on the relationship between the Harbors, Marine safety, Navigation BILLING CODE 9110–04–P Federal Government and Indian tribes, (water), Reporting and recordkeeping or on the distribution of power and requirements, Security measures, responsibilities between the Federal Waterways. DEPARTMENT OF HOMELAND Government and Indian tribes. If you For the reasons discussed in the SECURITY believe this rule has implications for preamble, the Coast Guard amends 33 federalism or Indian tribes, please CFR part 165 as follows: Coast Guard contact the person listed in the FOR FURTHER INFORMATION CONTACT section PART 165—REGULATED NAVIGATION 33 CFR Part 165 above. AREAS AND LIMITED ACCESS AREAS E. Unfunded Mandates Reform Act [Docket Number USCG–2011–0228] ■ 1. The authority citation for part 165 The Unfunded Mandates Reform Act continues to read as follows: Safety Zone, Brandon Road Lock and of 1995 (2 U.S.C. 1531–1538) requires Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Dam to Lake Michigan including Des Federal agencies to assess the effects of Plaines River, Chicago Sanitary and their discretionary regulatory actions. In 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation Ship Canal, Chicago River, and particular, the Act addresses actions No. 0170.1. Calumet-Saganashkee Channel, that may result in the expenditure by a Chicago, IL State, local, or tribal government, in the ■ 2. Add § 165.T09–0148 to read as aggregate, or by the private sector of follows: AGENCY: Coast Guard, DHS.

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ACTION: Notice of enforcement of also provide notice through other www.regulations.gov or in hard copy at regulation. means, which may include the Air Regulatory Management Section, Broadcast Notice to Mariners, Local Air Planning and Implementation SUMMARY: The Coast Guard will enforce Notice to Mariners, local news media, Branch, Air, Pesticides and Toxics a segment of the Safety Zone; Brandon distribution in leaflet form, and on- Management Division, U.S. Road Lock and Dam to Lake Michigan scene oral notice. Additionally, the Environmental Protection Agency, including Des Plaines River, Chicago Captain of the Port Lake Michigan may Region 4, 61 Forsyth Street SW., Sanitary and Ship Canal, Chicago River, notify representatives from the maritime Atlanta, Georgia 30303–8960. EPA Calumet-Saganashkee Channel on all industry through telephonic and email requests that if at all possible, you waters of the Chicago Sanitary and Ship notifications. contact the person listed in the FOR Canal between Mile Marker 296.1 to FURTHER INFORMATION CONTACT section to Mile Marker 296.7 at specified times Dated: February 24, 2016. A. B. Cocanour, schedule your inspection. The Regional from March 3, 2016 to March 11, 2016. Office’s official hours of business are This action is necessary to protect the Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. Monday through Friday 8:30 a.m. to waterway, waterway users, and vessels 4:30 p.m., excluding Federal holidays. from the hazards associated with the [FR Doc. 2016–04826 Filed 3–3–16; 8:45 am] FOR FURTHER INFORMATION CONTACT: U.S. Army Corps of Engineer’s BILLING CODE 9110–04–P Sean Lakeman, Air Regulatory underwater inspections of the electric Management Section, Air Planning and dispersal system for invasive species. Implementation Branch, Air, Pesticides DATES: The regulations in 33 Code of ENVIRONMENTAL PROTECTION AGENCY and Toxics Management Division, U.S. Federal Regulations (CFR) 165.930 will Environmental Protection Agency, be enforced from March 3, 2016 from 7 40 CFR Part 52 Region 4, 61 Forsyth Street SW., a.m. until 11 a.m. and then from 1 p.m. Atlanta, Georgia 30303–8960. Mr. until 5 p.m. In the event the work [EPA–R04–OAR–2010–0816; FRL–9943–35– Lakeman can be reached by telephone at cannot be completed on March 3, 2016, Region 4] (404) 562–9043 or via electronic mail at the safety zone will be enforced on [email protected]. March 4, 2016 through March 11, 2016 Air Plan Disapproval; Georgia: SUPPLEMENTARY INFORMATION: from 7 a.m. until 11 a.m. and from 1 Disapproval of Automatic Rescission p.m. until 5 p.m. Clause I. Background FOR FURTHER INFORMATION CONTACT: If AGENCY: Environmental Protection On September 8, 2011, EPA took final you have questions about this notice of Agency. action to approve portions of a enforcement, call or email LT Lindsay ACTION: Final rule. requested revision to the Georgia SIP, Cook, Waterways Management Division, submitted by Georgia EPD on January Marine Safety Unit Chicago, U.S. Coast SUMMARY: The Environmental Protection 13, 2011. See 76 FR 55572. Specifically, Guard; telephone 630–986–2155, email Agency (EPA) is taking final action to the portions of Georgia’s January 13, address D09-DG-MSUChicago- disapprove a portion of a revision to the 2011, SIP submittal that EPA approved [email protected]. Georgia State Implementation Plan incorporated two updates to the State’s SUPPLEMENTARY INFORMATION: The Coast (SIP), submitted through the Georgia air quality regulations under Georgia’s Guard will enforce a segment of the Department of Natural Resources New Source Review (NSR) Prevention of Safety Zone; Brandon Road Lock and Environmental Protection Division Significant Deterioration (PSD) program. Dam to Lake Michigan including Des (Georgia EPD), on January 13, 2011, that First, the SIP revision established Plaines River, Chicago Sanitary and would allow for the automatic emission thresholds for determining Ship Canal, Chicago River, Calumet- rescission of federal permitting-related which new stationary sources and Saganashkee Channel, Chicago, IL, requirements in certain circumstances. modification projects become subject to listed in 33 CFR 165.930. Specifically, EPA is disapproving Georgia’s Georgia’s PSD permitting requirements the Coast Guard will enforce this safety automatic rescission clause because the for their greenhouse gas (GHG) zone on all waters of the Chicago Agency has determined that this emissions. Second, the SIP revision Sanitary and Ship Canal between Mile provision is not consistent with the incorporated provisions for Marker 296.1 to Mile Marker 296.7. Clean Air Act (CAA or Act) or federal implementing the PSD program for the regulations related to SIPs. Enforcement will occur on March 3, fine particulate matter (PM2.5) national 2016 from 7 a.m. until 11 a.m. and from DATES: This rule will be effective April ambient air quality standards (NAAQS). 1 p.m. until 5 p.m. In the event the work 4, 2016. EPA noted in its September 8, 2011 final cannot be completed on March 3, 2016 ADDRESSES: EPA has established a rule approving portions of Georgia’s due to inclement weather or unforeseen docket for this action under Docket January 13, 2011, SIP submittal that the circumstances this safety zone will be Identification No. EPA–R04–OAR– Agency was still evaluating the portion enforced on March 4, 2016 through 2010–0816. All documents in the docket of the SIP submittal related to a March 11, 2016 from 7 a.m. until 11 are listed on the www.regulations.gov provision (at 391–3–1–.02(7)(a)(2)(iv)) a.m. and from 1 p.m. until 5 p.m. During Web site. Although listed in the index, that would automatically rescind the enforcement period, no vessel may some information is not publicly portions of Georgia’s SIP in the wake of transit this regulated area without available, i.e., Confidential Business certain court decisions or other approval from the Captain of the Port Information or other information whose triggering events (the automatic Sector Lake Michigan (COTP) or a COTP disclosure is restricted by statute. rescission clause), and consequently designated representative. Certain other material, such as was not taking action on that provision This notice of enforcement is issued copyrighted material, is not placed on in that final action. See 76 FR at 55573. under the authority of 33 CFR 165.930 the Internet and will be publicly Specifically, at 391–3–1– and 5 U.S.C. 552(a). In addition to this available only in hard copy form. .02(7)(a)(2)(iv), Georgia’s rules read as publication in the Federal Register, the Publicly available docket materials are follows: ‘‘The definition and use of the Captain of the Port Lake Michigan will available either electronically through term ‘subject to regulation’ in 40 CFR,

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part 52.21, as amended June 3, 2010, is approval ‘‘shall be adopted by such to comment on the proposed automatic hereby incorporated by reference; State after reasonable notice and public rescission clause, held a public hearing, provided, however, that in the event all hearing.’’ See 42 U.S.C. 7410(l). Under and addressed all comments received or any portion of 40 CFR 52.21 Georgia’s automatic rescission clause, during the public comment period. containing that term is: (i) Declared or the SIP would automatically be revised According to Georgia EPD, Georgia’s adjudged to be invalid or as a result of a triggering action without rescission clause already went through unconstitutional or stayed by the United public notice. To the extent that there is public notice and comment, and there is States Court of Appeals for the Eleventh any ambiguity regarding how a court no reason to require another round of Circuit or for the District of Columbia order or other triggering action impacts public notice and comment simply Circuit; or (ii) withdrawn, repealed, the federal permitting requirements at because the automatic rescission clause revoked or otherwise rendered of no 40 CFR 52.21, that ambiguity will lead is triggered. force and effect by the United States to ambiguity regarding the extent to GIEC likewise argues that Georgia Environmental Protection Agency, which the triggering action results in a EPD followed notice-and-comment Congress, or Presidential Executive SIP revision (and indeed, whether a procedures prior to the adoption of the Order. [sic] Such action shall render the particular court ruling or other action in automatic rescission clause that satisfy regulation as incorporated herein, or fact triggers an automatic SIP revision the requirements of CAA section 110(l). that portion thereof that may be affected under Georgia’s automatic rescission GIEC adds that the notice-and-comment by such action, as invalid, void, stayed, clause). EPA concludes that Georgia’s procedures the Georgia EPD performed or otherwise without force and effect for automatic rescission clause would not are indistinguishable from notice-and- purposes of this rule upon the date such provide reasonable public notice of a comment procedures taken by the action becomes final and effective; SIP revision as required by CAA 110(l), Tennessee Department of Environment provided, further, that such declaration, 42 U.S.C. 7410(l). and Conservation (TDEC) and the adjudication, stay, or other action EPA’s consideration of whether any Louisville Metro Air Pollution Control described herein shall not affect the SIP change resulting from the automatic District (LMAPCD) prior to enacting remaining portions, if any, of the rescission clause would be consistent EPA-approved ‘‘automatic rescission’’ regulation as incorporated herein, with EPA’s interpretation of the effect of SIP provisions. GIEC contends that in which shall remain of full force and the triggering action on federal approving the TDEC and LMAPCD effect as if such portion so declared or permitting requirements at 40 CFR 52.21 provisions, EPA concluded that these adjudged invalid or unconstitutional or is based on 40 CFR 51.105. Under 40 agencies’ respective prior notice-and- stayed or otherwise invalidated or CFR 51.105, ‘‘[r]evisions of a plan, or comment procedures satisfied CAA effected were not originally a part of this any portion thereof, will not be section 110(l) because they placed the rule. The Board declares that it would considered part of an applicable plan public on notice that the respective SIPs [not] have incorporated the remaining until such revisions have been approved would update automatically to reflect parts of the federal regulation if it had by the Administrator in accordance with rescission-triggering actions. According known that such portion thereof would this part.’’ However, the Georgia to GIEC, because EPA concluded that be declared or adjudged invalid or automatic rescission clause takes effect TDEC and LMAPCD notice-and- unconstitutional or stayed or otherwise immediately upon certain triggering comment procedures occurring prior to rendered of no force and effect.’’ actions without any EPA intervention. promulgation of their respective In a notice of proposed rulemaking The effect of this is that EPA is not automatic rescission provisions satisfied (NPR) published on July 31, 2015, EPA given the opportunity to determine the CAA section 110(l), EPA cannot now proposed to disapprove the portion of effect and extent of the triggering court conclude that the Georgia provision Georgia’s January 13, 2011, submittal order or federal law change on the would not provide reasonable public that would add the automatic rescission federal permitting requirements at 40 notice under CAA section 110(l) when clause at Georgia Rule 391–3–1– CFR 52.21; instead, the SIP is modified Georgia followed indistinguishable .02(7)(a)(2)(iv) to the SIP. See 80 FR without EPA’s approval. notice-and-comment procedures prior to 45635. EPA is now taking final action to Comments on the NPR were due on or promulgating that provision. GIEC disapprove this portion of Georgia’s before August 31, 2015. EPA received contends that if EPA were to finally submittal. adverse comments on our proposed conclude in this rulemaking that the In assessing the approvability of action, specifically on our proposed provision does not satisfy CAA section Georgia’s proposed automatic rescission disapproval of the automatic rescission 110(l), such a conclusion would be clause, EPA considered two key factors: clause, from Georgia EPD. EPA also arbitrary, capricious, an abuse of (1) Whether the public will be given received comments from Georgia discretion, beyond the Agency’s reasonable notice of any change to the Industry Environmental Coalition, Inc. statutory and Constitutional limits, and SIP that occurs as a result of the (GIEC). After considering the comments, otherwise contrary to law in light of the automatic rescission clause; and (2) EPA has decided to finalize our action Agency’s final determinations whether any future change to the SIP as proposed. A summary of the concerning the TDEC and LMAPCD that occurs as a result of the automatic comments and EPA’s responses follow. SIPs. rescission clause would be consistent Response 1: EPA disagrees with the with EPA’s interpretation of the effect of II. Response to Comments Commenters’ contention that the public the triggering action (e.g., the extent of Comment 1: Georgia EPD contends notice and comment procedures an administrative or judicial stay) on that the public notice, the comment associated with Georgia’s adoption of federal permitting requirements at 40 period, and the public hearing held for the automatic rescission clause are CFR 52.21. These criteria are derived the rule change that adopted the sufficient to fulfill notice-and-comment from the SIP revision procedures set automatic rescission clause at Georgia requirements with respect to any future forth in the CAA and federal Rule 391–3–1–.02(7)(a)(2)(iv) satisfies SIP revision resulting from the regulations. CAA section 110(l) requirements. rescission clause’s operation. While Regarding public notice, CAA section Specifically, Georgia EPD notes that it EPA does not dispute that Georgia EPD 110(l) provides that any revision to a published public notices in several provided for public comment and a SIP submitted by a State to EPA for newspapers announcing an opportunity hearing when promulgating the

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automatic rescission clause at Georgia not be clear to the public.1 Furthermore, 2 PSD permitting provisions that the Rule 391–3–1–.02(7)(a)(2)(iv), that because ambiguity may exist regarding Supreme Court held were invalid.’’ public comment opportunity did not— whether a particular court ruling or Response 2: EPA disagrees with these and could not—satisfy CAA section other action in fact triggers an automatic comments. The April 2015 EPA rule 110(l)’s public-notice-and-comment SIP revision under Georgia’s automatic referenced by the Commenter did not requirement with respect to future SIP rescission clause, it may not be clear to revise a SIP submitted by a state for EPA revisions that would occur in the wake the public whether the SIP has changed approval. Thus, EPA’s rule was not of a triggering action if EPA were to at all. Due to this ambiguity with respect subject to the procedures applicable to approve the automatic rescission clause to how the SIP might be revised under the revisions of SIPs. EPA’s rule revised into Georgia’s SIP. Georgia’s proposed automatic rescission section 40 CFR 51.166, which governs Contrary to the GIEC’s suggestion, clause in the wake of a triggering action, the content of state SIP submissions. But EPA’s approval of the automatic EPA concludes that approval of the the EPA rule did not revise any SIP rescission clauses adopted by TDEC and automatic rescission clause into submitted by a state. LMAPCD does not render EPA’s Georgia’s SIP would authorize future CAA section 110(l) requires without disapproval of Georgia’s automatic SIP revisions without reasonable public exception that ‘‘[e]ach revision’’ to a SIP rescission clause unlawful or arbitrary notice in violation of CAA section submitted to EPA for approval be and capricious. This is because 110(l). adopted by the state ‘‘after reasonable Georgia’s automatic rescission clause notice and public hearing.’’ See 42 Comment 2: Georgia EPD states that U.S.C. 7410(l). Thus, there are no differs substantially from the automatic after the D.C. Circuit issued its rescission clauses adopted by TDEC and circumstances under which a state can Amended Judgment in Coalition for revise its SIP without providing for LMAPCD. First, under the automatic Responsible Regulation v. EPA, 606 Fed. rescission clauses adopted by TDEC and public notice and comment on the Appx. 6; 2015 U.S. App. LEXIS 11132 revision. LMAPCD, no change to the SIP will (D.C. Cir. 2015) (issued in response to occur until EPA publishes a Federal EPA’s April 2015 action was not the Supreme Court’s decision in Utility governed by section 110(l) of the CAA. Register notice announcing that a Air Regulatory Group v. EPA, 134 S. Ct. That rule was promulgated under the portion of 40 CFR 52.21 has been 2427 (2014)), EPA removed the affected Administrative Procedures Act (APA). stayed, vacated, or withdrawn. See 77 portions of the federal PSD regulations Section 307(d) of the CAA says that the FR 12484 (March 1, 2012); 77 FR 62150 without providing an opportunity for rulemaking procedures in that section (October 12, 2012). As EPA explained in public comment because EPA deemed ‘‘shall not apply in the case of any rule the final actions approving these the action to be ministerial. See 80 FR or circumstance referred to in clauses, because no change to the SIP 50199 (August 19, 2015). According to subparagraphs (A) and (B) of subsection will occur until EPA has published a Georgia EPD, its rescission clause is no 553(b) of Title 5.’’ Subparagraph (B) of Federal Register notice announcing the different than the process utilized by this section in the APA provides that an change in federal regulations, ‘‘the EPA in this rule to remove vacated agency need not provide notice of timing and extent of any future SIP permitting requirements from federal proposed rulemaking or opportunity for change resulting from the automatic regulations following the Supreme public comment when the agency for rescission clause will be clear to both Court’s decision. good cause finds that it is impracticable, the regulated community and the Likewise, GIEC states that EPA’s unnecessary, or contrary to the public general public.’’ Id. Second, unlike removal of 40 CFR 52.21(b)(49)(v) as a interest. See 5 U.S.C. 553(b). The APA Georgia’s proposed rescission clause, ministerial act performed without does not address procedures for state the automatic rescission clauses notice-and-comment establishes that actions to revise a SIP. Such actions are adopted by TDEC and LMAPCD make it Georgia’s proposed automatic rescission addressed in section 110(l) of the CAA. clear to the public in advance that any clause, to the extent that it operates to In addition, although EPA’s rule was SIP change resulting from operation of invalidate Georgia’s incorporation of 40 not subject to public comment under an the automatic rescission clause will be CFR 52.21(b)(49)(v), would not exception in the APA, EPA’s action consistent with EPA’s interpretation of contravene the public notice provided notice to the public of the how the triggering action impacted requirements of CAA section 110(l). change in the law. Georgia’s rescission federal regulations. Quoting from EPA’s Federal Register clause provides no mechanism for In sharp contrast, the SIP changes notice, GIEC points out that EPA informing the public of a change in state resulting from operation of Georgia’s characterized its removal of 40 CFR law. proposed automatic rescission clause 52.21(b)(49)(v) from the CFR as a Moreover, EPA did not deem all of the would happen automatically upon a ‘‘necessary ministerial act’’ for which regulatory revisions needed to triggering event without any public the Agency determined ‘‘it was not implement the D.C. Circuit’s April 10, notice or EPA involvement. To the necessary to provide a public hearing or 2015, Amended Judgment in Coalition extent that there is any ambiguity an opportunity for public comment.’’ for Responsible Regulation v. EPA to be regarding how a court order or other GIEC further notes that EPA stated that ministerial. To the contrary, EPA triggering action impacts the federal ‘‘notice-and-comment would be explained in the final rule removing permitting requirements at 40 CFR contrary to the public interest because it certain vacated elements from the 52.21, that ambiguity would lead to would unnecessarily delay the removal federal PSD and title V regulations that ambiguity regarding the specific from the CFR of the Tailoring Rule Step the action did not fully address all of revision to Georgia’s SIP resulting from the revisions needed to implement the the triggering action. Not only does the 1 Georgia’s proposed automatic rescission clause Amended Judgment because ‘‘[t]hose public have no assurance that changes would invalidate affected regulatory text, but would additional revisions to the PSD and title resulting from operation of the not actually remove the text from the regulation. V regulations, although necessary to rescission clause would be consistent Thus, if EPA were to approve Georgia’s automatic implement the Coalition Amended with EPA’s interpretation of the rescission clause, it would be left up to the public, the regulated community, and ultimately, the Judgment, are not purely ministerial in applicable federal regulations, but after courts, to determine whether and how a potential nature and will be addressed in [a] a change occurs, the exact change may triggering action changed SIP requirements. separate notice-and-comment

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rulemaking, which will give the public the CAA and through other proceedings actions do not become operative until an opportunity to comment on how the to ensure that any SIP change resulting any such action is ‘‘final and effective.’’ EPA proposed to address those portions from the automatic operation of the GIEC comments that specifically with of the Coalition Amended Judgment.’’ [rescission clause] is consistent with respect to GHG permitting requirements See 80 FR 50199, 50200 (August 19, EPA’s interpretation of the effect of the at 40 CFR 52.21(b)(49)(v), there was no 2015) (emphasis added). It is unclear triggering action on the permitting ambiguity regarding the impact of the how these more complex regulatory requirements at 40 CFR 52.21.’’ GIEC D.C. Circuit’s Amended Judgment in changes would be handled under states that although the rescission clause Coalition for Responsible Regulation, Georgia’s proposed automatic rescission is self-executing, ‘‘Georgia EPD would which GIEC states would have been the clause. In any event, even if Georgia had implement the effect of the provision’s ‘‘triggering action’’ if Georgia’s the authority to revise its SIP without operation through permitting decisions automatic rescission clause had been providing for public notice and that, under the Georgia SIP, are approved by EPA. comment—which it does not—EPA’s expressly subject to EPA notice, According to GIEC, EPA had (and decision to provide public notice but no comment, and objection procedures.’’ took) several opportunities to interpret opportunity for public comment on Specifically, GIEC contends that the the effect of the U.S. Supreme Court’s certain regulatory changes that it ‘‘permit notice, comment, and objection decision in Utility Air Regulatory Group considered to be ministerial in no way procedures running to EPA’s benefit v. EPA, 134 S. Ct. 2427 (2014), on the supports Georgia EPD’s claim that it provide EPA with ample opportunity to permitting requirements at 40 CFR would be appropriate to deem all of the convey its interpretation of (and 52.21. GIEC points to various SIP revisions needed to remove vacated ultimately object to) the effect of any memoranda issued by EPA after the GHG permitting elements to be [rescission clause] triggering action on Supreme Court’s decision. GIEC also ministerial and to make such changes to the permitting requirements at 40 CFR notes that as early as July 2014, EPA Georgia’s SIP without any public notice 52.21 if EPA’s interpretation of such an was on notice that the Georgia EPD or opportunity for public comment. action conflicted with that of the construed Utility Air Regulatory Group Finally, Georgia’s proposed automatic Georgia EPD.’’ v. EPA to invalidate 40 CFR rescission clause is not limited to GHG Response 4: EPA disagrees with this 52.21(b)(49)(v) and, accordingly, the SIP permitting requirements. Rather, the comment. The CAA’s SIP revision provision adopting that regulation was clause applies broadly to actions that procedures are distinct from the permit ‘‘no longer valid.’’ GIEC states that to its affect ‘‘all or any portion of 40 CFR notice, comment, and EPA objection knowledge, EPA did not object to the 52.21’’ that contain the term ‘‘subject to procedures. Indeed, section 110(i) of the Georgia EPD’s construction of Utility Air regulation.’’ See Georgia Rule 391–3–1– Act specifically prohibits States and Regulatory Group v. EPA or the .02(7)(a)(2)(iv). Thus, arguments EPA, except in certain limited Division’s conclusions regarding the regarding the alleged lack of ambiguity circumstances not applicable here, from validity of 40 CFR 52.21(b)(49)(v) and with respect to changes needed to taking any action to modify any the Georgia SIP provision incorporating address a triggering action pertaining to requirement of a SIP with respect to any it. GIEC concludes that in light of the GHG permitting in particular are stationary source, except in compliance straightforward and unambiguous insufficient to support EPA’s approval with the CAA’s requirements for manner in which Georgia’s rescission of Georgia’s automatic rescission clause. promulgation or revision of a state plan. clause automatically operated as a result Even if a ministerial change generally See 42 U.S.C. 7410(i). Thus, contrary to of the issuance of the D.C. Circuit’s (or the particular change addressed in the Commenter’s contention, EPA’s Amended Judgment in Coalition for EPA’s action) could be exempt from the opportunity to object to a state permit Responsible Regulation and the requirements of 110(l), because of the cannot substitute for the state’s opportunities EPA had and took to broad reach of Georgia’s rescission compliance with the CAA’s SIP revision determine the effect of Utility Air clause, it is impossible to conclude in requirements. Because Georgia’s Regulatory Group v. EPA on the advance that every automatic SIP rescission clause would automatically permitting requirements at 40 CFR change resulting from a triggering action revise the SIP in the wake of a triggering 52.21, it is incorrect and appears would be ministerial. action, by the time EPA has the somewhat disingenuous for EPA to Comment 3: Georgia EPD states that opportunity to review the permit for a preliminarily conclude that the the occurrence of a triggering action and particular source, it will be too late for rescission clause is inconsistent with 40 the resulting rescission would not be a EPA to ‘‘object’’ to a prior SIP revision CFR 51.105. change to the SIP because the triggering brought about by a triggering action Response 5: EPA disagrees with this action and rescission clause were under Georgia’s automatic rescission comment. Contrary to GIEC’s already included in Georgia Rule 391– clause. Georgia cannot substitute permit contention, it is not ‘‘highly unlikely’’ 3–1–.02(7)(a)(2)(iv). Thus, according to review procedures for the procedural that any action triggering operation of Georgia EPD, the SIP is not being requirements governing SIP revisions at Georgia’s automatic rescission clause revised and therefore does not require CAA section 110(l) and 40 CFR 51.105. would be subject to interpretation. approval from the Administrator. Comment 5: GIEC states that it is Among other actions, the automatic Response 3: EPA disagrees with this ‘‘highly unlikely’’ that any action rescission clause would be triggered by comment. Georgia’s proposed automatic triggering the rescission clause’s a decision by the U.S. Court of Appeals rescission clause would automatically operation would be subject to for the Eleventh Circuit or the District invalidate SIP language in response to a interpretation because the provision is of Columbia Circuit that declares a triggering action. Such a change would triggered by clear and unambiguous portion of 40 CFR 52.21 to be ‘‘invalid.’’ constitute a SIP revision. occurrences—the withdrawal, repeal, or It is sometimes the case that the precise Comment 4: GIEC states that ‘‘EPA’s revocation of all or part of the term regulatory changes needed to address a preliminary conclusion that the ‘‘subject to regulation’’ in 40 CFR 52.21 court decision involve more than simply [automatic rescission clause] is by executive or congressional action or removing the provision at issue. Under inconsistent with 40 CFR 51.105 is its invalidation or stay by the Eleventh such circumstances, the exact changes incorrect because EPA has been and will Circuit or D.C. Circuit Courts of Appeal. to SIP requirements brought about by a be afforded adequate opportunity under GIEC further states that the triggering triggering action under Georgia’s

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automatic rescission clause would be especially true because while the issuance of an amended judgment and unclear. automatic rescission clause would mandate consistent with the Supreme Rather than support GIEC’s argument, render the affected SIP provisions Court’s opinion. Consistent with the D.C. Circuit’s Amended Judgment in ‘‘invalid,’’ the invalid text would not be standard judicial practice, following the Coalition for Responsible Regulation v. removed or otherwise identified. Thus, Supreme Court’s remand of the case to EPA, 606 Fed. Appx. 6; 2015 U.S. App. it would not necessarily be clear to the the D.C. Circuit, EPA briefed the D.C. LEXIS 11132 (D.C. Cir. 2015) provides a public and regulated entities which SIP Circuit on what the agency considered useful example of a triggering action requirements remain in effect and to be the appropriate relief and waited that involves some degree of ambiguity which have been rendered invalid. for the D.C. Circuit to issue its Amended with respect to how it impacts Significantly, Georgia EPD (and Georgia Judgment and mandate before taking regulatory requirements. The D.C. courts) may disagree with EPA action to remove provisions from the Circuit ordered, among other things, regarding the regulatory changes federal PSD and title V regulations. that ‘‘the regulations under review . . . brought about by a triggering action Notably, the parties to the litigation had be vacated to the extent they require a under Georgia’s automatic rescission differing views as to how the Supreme stationary source to obtain a PSD permit clause. Thus, in the wake of a triggering Court’s decision should impact the if greenhouse gases are the only action, Georgia’s SIP may not be federal regulations. The D.C. Circuit pollutant (i) that the source emissions or consistent with federal regulations. issued its Amended Judgment on April has the potential to emit above the Given the uncertainty regarding what 10, 2015, and EPA published a final rule applicable major source thresholds, or SIP revisions may result from the future in the Federal Register on August 19, (ii) for which there is a significant operation of Georgia’s automatic 2015, removing those portions of the emissions increase from a rescission clause, EPA cannot at this federal permitting regulations that the modification.’’ 2015 U.S. App. LEXIS time ‘‘approve’’ such future SIP D.C. Circuit specifically identified as 11132, at 130–131. The Court further revisions in accordance with 40 CFR vacated. See 80 FR at 50199. However, ordered ‘‘that EPA take steps to rescind 51.105. as discussed above, EPA concluded that and/or revise the applicable provisions Comment 6: Georgia EPD comments some of the regulatory changes needed of the Code of Federal Regulations as that the Supreme Court issued its to address the D.C. Circuit’s Amended expeditiously as practicable to reflect decision in Utility Air Regulatory Group Judgment are not purely ministerial and the relief granted,’’ and ‘‘that EPA v. EPA on June 23, 2014. Georgia EPD therefore, EPA will address these consider whether any further revisions then states: ‘‘Ten months later, EPA still changes in a separate notice-and- to its regulations are appropriate’’ in had not made any revisions to the comment rulemaking. Id. at 50200. light of the Supreme Court’s decision in federal PSD or Title V permitting Georgia EPD’s comment also reflects Utility Air Regulatory Group v. EPA. Id. requirements. As a result, on April 10, some confusion regarding how Georgia’s at 131. As explained above, EPA 2015, the D.C. Circuit Court issued an automatic rescission clause operates. subsequently published a final action amended judgment in Coalition for Specifically, Georgia EPD apparently removing some, but not all, of the Responsible Regulation, Inc. v. believes that the Supreme Court’s regulatory provisions impacted by the Environmental Protection Agency, 606 decision, itself, was the triggering action D.C. Circuit’s Amended Judgment. See Fed. Appx. 6; 2015 U.S. App. LEXIS under the automatic rescission clause. 80 FR at 50199. EPA explained in that 11132, which vacated the Tailoring Rule See Georgia EPD Comments at 2–3. notice that some of the regulatory to the extent that it requires sources to Industry commenters, on the other changes needed to address the obtain PSD or Title V permits solely due hand, take the position that it was the Amended Judgment are not purely to a potential to emit GHGs. This D.C. Circuit’s Amended Judgment that ministerial. Id. at 50200. Because those prompted EPA to remove portions of served as the triggering action. See GIEC regulatory changes involve the exercise those regulations from the Federal Comments at 5. This disagreement of EPA’s discretion to some extent, EPA Register that were initially promulgated between Georgia EPD and industry intends to publish a separate Federal in 2010.’’ According to Georgia EPD: commenters underscores EPA’s Register notice proposing those changes ‘‘Because EPA did not publish the Final statement in the NPR that in addition to and soliciting public comment. Id. Rule in the Federal Register until ambiguity regarding how the SIP might Thus, contrary to GIEC’s argument, it August 2015, without an immediate be revised in the future by operation of cannot be assumed that Georgia’s rescission clause, facilities would have the automatic rescission clause, there automatic rescission clause would be been required to continue to follow the may also be confusion regarding triggered only by ‘‘clear and provisions in the Tailoring Rule for an ‘‘whether a court ruling or other action unambiguous occurrences.’’ Rather, as additional 14 months after the Court in fact triggers an automatic SIP revision illustrated by EPA’s efforts to respond to vacated the rule. The [Georgia] EPD under Georgia’s automatic rescission the D.C. Circuit’s Amended Judgment in automatic rescission clause immediately clause.’’ See 80 FR at 45637. In contrast, Coalition for Responsible Regulation v. did what it took EPA fourteen (14) when a SIP revision is made in EPA, there may be ambiguity with months to do.’’ accordance with statutory and respect to the precise change to the Response 6: EPA disagrees with this regulatory requirements, there is no permitting requirements in Georgia’s comment. First, Georgia EPD’s comment ambiguity regarding how and when the SIP that would result from a triggering reflects some misconceptions regarding SIP is changed. action under the automatic rescission the aftermath of the Supreme Court’s Regarding Georgia EPD’s comment clause. Because Georgia’s automatic decision in Utility Air Regulatory Group that without the automatic rescission rescission clause would automatically v. EPA. Contrary to Georgia EPD’s clause, ‘‘facilities would have been change Georgia’s SIP without public suggestion, it was not EPA’s delay in required to continue to follow the notice or EPA approval, any ambiguity revising the federal permitting provisions in the Tailoring Rule for an regarding the regulatory impact of the regulations that resulted in the D.C. additional 14 months after the triggering action would lead to Circuit issuing its Amended Judgment. [Supreme] Court vacated the rule,’’ EPA ambiguity for regulated entities and the Rather, the D.C. Circuit was acting in notes that shortly after the Supreme general public regarding the applicable response to the Supreme Court’s remand Court issued its decision, EPA SIP permitting requirements. This is of the case back to the D.C. Circuit for announced that it would no longer

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apply or enforce federal regulatory not an automatic rescission clause. It 3–1–.02(7)(a)(2)(iv). As explained above, provisions or the EPA-approved PSD was added by EPA to clarify for the EPA concludes that it cannot approve SIP provisions that require a stationary public that paragraph (b)(2)(iii)(a) was this language into Georgia’s SIP because source to obtain a PSD permit if stayed indefinitely by the D.C. Circuit in it would allow for future automatic SIP greenhouse gases are the only pollutant: State of New York v. EPA, No. 03–1380 revisions without reasonable public (i) That the source emits or has the and consolidated cases. As EPA notice as required by CAA 110(l) and potential to emit above the major source explained in the Federal Register notice without EPA approval as required by 40 thresholds, or (ii) for which there is a promulgating this language, ‘‘this rule is CFR 51.105. significant emissions increase and a merely a housekeeping measure that Comment 9: GIEC states that EPA’s significant net emissions increase from reflects the court order. The action does approval of the rescission clause to the a modification (e.g., 40 CFR not have any substantive effect.’’ 69 FR extent that it operates to invalidate 40 52.21(b)(49)(v)). Memorandum from 40274, 40275. In any event, as discussed CFR 52.21(b)(49)(v) would avoid Janet G. McCabe, Acting Asst. Adm’r, above, EPA’s procedural obligations unnecessary delay in removal of this Office of Air & Radiation, to Regional derive from the APA, not the CAA. provision from the Georgia SIP, and that Administrators, Regions 1–10, Next While the APA provides some such delay could likely result in Steps and Preliminary Views on the exceptions from public notice confusion on the part of the regulated Application of Clean Air Act Permitting requirements, CAA section 110(l) does industry about how the D.C. Circuit’s Programs to Greenhouse Gases not. Amended Judgment affects the PSD and Following the Supreme Court’s Decision Comment 8: GIEC states that EPA’s Title V regulations and PSD permitting in Utility Air Regulatory Group v. EPA August 19, 2015 promulgation of the requirements administered by the (July 24, 2014), at 2 (available at http:// Final Rule entitled ‘‘Prevention of Georgia EPD. Significant Deterioration and Title V www3.epa.gov/nsr/documents/ Response 9: With respect to GIEC’s Permitting for Greenhouse Gases: 20140724memo.pdf). EPA further concern that any delay in removing Removal of Certain Vacated Elements,’’ announced that it did not intend to Georgia’s incorporation of 40 CFR 80 FR 501999, compels the Agency to continue applying regulations that 52.21(b)(49)(v) into its SIP could likely take final action to approve Georgia’s would require that states include in result in confusion on the part of the their SIP a requirement that such rescission clause to the extent that it regulated industry regarding applicable sources obtain PSD permits.’’ Id. operates to invalidate Georgia’s PSD permitting requirements, as Georgia can exercise this same incorporation of 40 CFR 52.21(b)(49)(v) acknowledged by the commenter, EPA discretion with respect to enforcement and to effectively remove the paragraph has issued several memoranda of state GHG permitting requirements from the Georgia SIP. According to explaining how EPA interprets the effect affected by the Supreme Court’s GIEC, the automatic operation of the of the U.S. Supreme Court’s decision on decision that the State has not yet had rescission clause to invalidate Georgia’s PSD permitting requirements, and these the opportunity to revise. incorporation of 40 CFR 52.21(b)(49)(v) EPA appreciates Georgia’s desire to is functionally identical to, and cannot memoranda are available on EPA’s Web enable its SIP to automatically update to be distinguished from, the ministerial site. Further information regarding reflect actions that invalidate federal action EPA performed in its August 19, EPA’s interpretation of the impact of the regulatory requirements. As Georgia 2015 Final Rule. Accordingly, GIEC Court’s decision appears in the August EPD noted in its comments, there are contends that EPA’s August 19, 2015 19, 2015, Federal Register notice some types of automatic updating Final Rule rendered moot any grounds removing certain vacated provisions provisions that EPA has found to be on which EPA could rely to disapprove from the CFR. See 80 FR at 50199. approvable. Specifically, EPA Georgia’s automatic rescission clause to Finally, as discussed above, EPA has concluded that the automatic rescission the extent it operates to invalidate announced that it will no longer apply clauses adopted by TDEC and LMAPCD Georgia’s incorporation of now-vacated or enforce federal regulatory provisions were approvable because under those and removed 40 CFR 52.21(b)(49)(v). or the EPA-approved PSD SIP provisions, no change to the SIP will GIEC further claims that EPA’s final rule provisions that require a stationary occur until EPA publishes a Federal removing 40 CFR 52.21(b)(49)(v) source to obtain a PSD permit if Register document announcing that a establishes that the rescission clause’s greenhouse gases are the only pollutant portion of 40 CFR 52.21 has been invalidation of Georgia’s incorporation (i) that the source emits or has the stayed, vacated, or withdrawn. See 77 of 40 CFR 52.21(b)(49)(v) would not potential to emit above the major source FR at 12485 (TDEC provision); 77 FR at contravene 40 CFR 51.105 because such thresholds, or (ii) for which there is a 62153 (LMAPCD provision). Another invalidation is consistent with EPA’s significant emissions increase and a acceptable approach would be to enable interpretation of the triggering action on significant net emissions increase from the SIP to automatically update to federal permitting requirements at 40 a modification (e.g., 40 CFR reflect revisions to 40 CFR 52.21. CFR 52.21. 52.21(b)(49)(v)). Georgia can exercise Comment 7: Georgia EPD states that Response 8: EPA disagrees with this this same discretion with respect to EPA has itself adopted a similar comment. It is not possible for EPA to enforcement of state GHG permitting automatic rescission clause in a note to approve Georgia’s automatic rescission requirements affected by the Supreme paragraph (b)(2)(iii)(a) of 40 CFR 52.21, clause only for the limited purpose of Court’s decision (and the D.C. Circuit’s which states: ‘‘By court order on enabling the automatic rescission of subsequent Amended Judgment) that December 24, 2003, the second sentence Georgia’s incorporation by reference of the State has not yet had the of this paragraph (b)(2)(iii)(a) is stayed 40 CFR 52.21(b)(49)(v). The plain opportunity to revise. Regarding GIEC’s indefinitely. The stayed provisions will language of the rescission clause concerns with respect to the Title V become effective immediately if the extends well beyond the GHG operating permit regulations, EPA notes court terminates the stay.’’ permitting requirements to encompass that today’s final action does not impact Response 7: EPA disagrees with this ‘‘all of any portion of 40 CFR 52.21’’ that Georgia’s approved Title V program comment. The language in 40 CFR 52.21 contains the term ‘‘subject to because a state’s title V regulations are cited by Georgia EPD has no substantive regulation’’ that is impacted by a not incorporated into the SIP and are effect on the regulations and therefore is triggering action. See Georgia Rule 391– not subject to SIP revision procedures.

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Comment 10: Georgia EPD states that public can be certain that any changes Georgia’s January 13, 2011, SIP revision, ‘‘if the federal GHG rule (or part of the to the SIP resulting from automatic which related to PSD requirements for federal rule) is vacated and considered updating will simply reflect express GHG-emitting sources and for the PM2.5 invalid or stayed by the Courts, it changes to the federal requirements in NAAQS. See 76 FR 55572 (September, should be immediately removed from 40 CFR 52.21, and that there will be no 8, 2011). This action does not change the Georgia SIP. The state rulemaking inconsistency between the SIP and what EPA previously approved. EPA process can be time consuming and may federal permitting regulations. notes that this disapproval action does not be capable of responding to judicial, Comment 11: Georgia EPD notes that not obligate Georgia in any way to make executive (including EPA), or EPA stated in its proposed action that a new SIP submittal and does not create congressional action in time to allow the disapproval of Georgia’s proposed any potential for sanctions because this permitting process to remain consistent automatic rescission clause ‘‘does not provision is not a required element of with federal requirements. Therefore, impose additional requirements beyond the SIP. Georgia EPD created the rescission those imposed by state law’’ and ‘‘is IV. Statutory and Executive Order clause to ensure that Georgia’s PSD rule certified as not having a significant Reviews will be consistent with federal economic impact on a substantial requirements at all times.’’ number of small entities under the Under the CAA, the Administrator is Response 10: EPA appreciates Regulatory Flexibility Act (5 U.S.C. 601 required to approve a SIP submission Georgia’s desire to ensure that the et seq.).’’ However, Georgia EPD that complies with the provisions of the believes that requiring PSD permitting permitting requirements in its SIP Act and applicable federal regulations. requirements for facilities that a court remain consistent with federal See 42 U.S.C. 7410(k); 40 CFR 52.02(a). has vacated and considered invalid or requirements. However, Georgia’s Thus, in reviewing SIP submissions, stayed does impose additional proposed automatic rescission clause EPA’s role is to approve state choices, requirements beyond those imposed by would create the possibility that provided that they meet the criteria of state law and does have a significant Georgia’s SIP would be inconsistent the CAA. This action disapproves a state economic impact on a substantial with federal requirements in the wake of law as not meeting Federal requirements number of small entities. a triggering action. Specifically, and does not impose additional Response 11: EPA disagrees with this requirements beyond those imposed by Georgia’s proposed rescission clause comment. EPA’s disapproval of would revise Georgia’s SIP state law. For that reason, this action: Georgia’s automatic rescission clause • Is not a ‘‘significant regulatory automatically following a triggering does not itself impose any additional action, without waiting for EPA’s public action’’ subject to review by the Office requirement on any regulated entity of Management and Budget under notice explaining how exactly the beyond those requirements imposed by triggering action impacts federal Executive Orders 12866 (58 FR 51735, state law. In particular, the rescission October 4, 1993) and 13563 (76 FR 3821, requirements. Georgia EPD (and Georgia clause is merely a procedural courts) may disagree with EPA January 21, 2011); mechanism by which requirements that • Does not impose an information regarding the regulatory changes EPA previously approved into Georgia’s collection burden under the provisions brought about by a triggering action SIP at Georgia’s request would be of the Paperwork Reduction Act (44 under Georgia’s automatic rescission automatically invalidated in the wake of U.S.C. 3501 et seq.); clause, resulting in confusion for a triggering action. As discussed above, • Is certified as not having a regulated entities and the general EPA has determined that it cannot significant economic impact on a public. This possibility of inconsistency approve this procedural mechanism substantial number of small entities between the Georgia SIP and federal because it contravenes CAA and under the Regulatory Flexibility Act (5 regulatory requirements, and the lack of regulatory requirements governing SIP U.S.C. 601 et seq.); public notice regarding such revisions. This action does not impair • Does not contain any unfunded inconsistency, makes Georgia’s Georgia’s existing ability to request a mandate or significantly or uniquely proposed automatic SIP revision SIP revision in accordance with the affect small governments, as described different from other automatic updating procedures set forth in the CAA and in the Unfunded Mandates Reform Act mechanisms that EPA has found to be federal regulations. Because EPA’s of 1995 (Pub. L. 104–4); approvable. For example, as Georgia disapproval of Georgia’s automatic • Does not have Federalism EPD noted in its comments, EPA rescission clause does not impose any implications as specified in Executive concluded that the automatic rescission additional requirement on any regulated Order 13132 (64 FR 43255, August 10, clauses adopted by TDEC and LMAPCD entity, this final action will not have a 1999); were approvable because under those significant economic impact on a • Is not an economically significant provisions, no change to the SIP will substantial number of small entities. regulatory action based on health or occur until EPA publishes a Federal Accordingly, EPA concludes pursuant safety risks subject to Executive Order Register notice announcing that a to section 605 of the Regulatory 13045 (62 FR 19885, April 23, 1997); portion of 40 CFR 52.21 has been Flexibility Act, 5 U.S.C. 605, that a • Is not a significant regulatory action stayed, vacated, or withdrawn. See 77 regulatory flexibility analysis is subject to Executive Order 13211 (66 FR FR at 12485; 77 FR at 62153. Another unnecessary. 28355, May 22, 2001); acceptable approach would be to enable • Is not subject to requirements of the SIP to automatically update to III. Final Action Section 12(d) of the National reflect to the most recent version of 40 EPA is taking final action to Technology Transfer and Advancement CFR 52.21, which is the approach that disapprove the provision in Georgia’s Act of 1995 (15 U.S.C. 272 note) because EPA takes with respect to Federal January 13, 2011, SIP submittal (at application of those requirements would Implementation Plans (FIPs) that apply Georgia Rule 391–3–1–.02(7)(a)(2)(iv)) be inconsistent with the CAA; and 40 CFR 52.21 in states that have not that would automatically rescind • Does not provide EPA with the adopted PSD permitting requirements permitting-related federal requirements discretionary authority to address, as into their SIP. Under these alternative in certain circumstances. Previously, appropriate, disproportionate human approaches, regulated entities and the EPA approved the remainder of health or environmental effects, using

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practicable and legally permissible AUTHORITY: 42.U.S.C. 7401 et seq. the www.regulations.gov Web site. methods, under Executive Order 12898 Although listed in the index, some (59 FR 7629, February 16, 1994). Subpart L—Georgia information is not publicly available, The SIP is not approved to apply on i.e., Confidential Business Information ■ 2. Amend § 52.572 by designating the any Indian reservation land or in any (CBI) or other information whose existing undesignated paragraph as other area where EPA or an Indian tribe disclosure is restricted by statute. paragraph (a) and adding paragraph (b) has demonstrated that a tribe has Certain other material, such as to read as follows: jurisdiction. In those areas of Indian copyrighted material, is not placed on country, the rule does not have tribal § 52.572 Approval status. the Internet and will be publicly implications as specified by Executive * * * * * available only in hard copy form. Order 13175 (65 FR 67249, November 9, (b) Disapproval. Submittal from the Publicly available docket materials are 2000), nor will it impose substantial State of Georgia, through the Georgia’s available either electronically through direct costs on tribal governments or Department of Natural Resources www.regulations.gov or in hard copy at preempt tribal law. Environmental Protection Division the Environmental Protection Agency, The Congressional Review Act, 5 Region 5, Air and Radiation Division, 77 U.S.C. 801 et seq., as added by the Small (EPD) on January 13, 2011, that would allow for the automatic rescission of West Jackson Boulevard, Chicago, Business Regulatory Enforcement Illinois 60604. This facility is open from Fairness Act of 1996, generally provides federal permitting-related requirements in certain circumstances. EPA is 8:30 a.m. to 4:30 p.m., Monday through that before a rule may take effect, the Friday, excluding Federal holidays. We agency promulgating the rule must disapproving a portion of the SIP submittal related to a provision (at 391– recommend that you telephone Gilberto submit a rule report, which includes a Alvarez, Environmental Engineer, at copy of the rule, to each House of the 3–1–.02(7)(a)(2)(iv)) that would automatically rescind portions of (312) 886–6143 before visiting the Congress and to the Comptroller General Region 5 office. of the United States. EPA will submit a Georgia’s State Implementation Plan in FOR FURTHER INFORMATION CONTACT: report containing this action and other the wake of certain court decisions or required information to the U.S. Senate, other triggering events (the automatic Gilberto Alvarez, Environmental the U.S. House of Representatives, and rescission clause). Scientist, Attainment Planning and the Comptroller General of the United [FR Doc. 2016–04746 Filed 3–3–16; 8:45 am] Maintenance Section, Air Programs Branch (AR–18J), Environmental States prior to publication of the rule in BILLING CODE 6560–50–P the Federal Register. A major rule Protection Agency, Region 5, 77 West cannot take effect until 60 days after it Jackson Boulevard, Chicago, Illinois is published in the Federal Register. ENVIRONMENTAL PROTECTION 60604, (312) 886–6143, This action is not a ‘‘major rule’’ as AGENCY [email protected]. defined by 5 U.S.C. 804(2). SUPPLEMENTARY INFORMATION: Under section 307(b)(1) of the CAA, 40 CFR Part 52 Throughout this document whenever petitions for judicial review of this [EPA–R05–OAR–2014–0362; FRL–9943–29– ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean action must be filed in the United States Region 5] EPA. This supplementary information Court of Appeals for the appropriate section is arranged as follows: circuit by May 3, 2016. Filing a petition Air Plan Approval; Ohio; Regional I. What is the background for this action? for reconsideration by the Administrator Haze Glatfelter BART SIP Revision II. What action is EPA taking? of this final rule does not affect the III. Final Action AGENCY: Environmental Protection finality of this action for the purposes of IV. Incorporation by Reference Agency (EPA). judicial review nor does it extend the V. Statutory and Executive Order Reviews ACTION: Final rule. time within which a petition for judicial I. What is the background for this review may be filed, and shall not SUMMARY: The Environmental Protection action? postpone the effectiveness of such rule Agency (EPA) is taking final action to or action. This action may not be On July 2, 2012, EPA approved Ohio’s extend the compliance date for the Best challenged later in proceedings to Regional Haze SIP (77 FR 39177). Ohio’s Available Retrofit Technology (BART) enforce its requirements. See section Regional Haze SIP included the emission limits for sulfur dioxide (SO ) 307(b)(2). 2 applicability of BART to the State’s only at the P.H. Glatfelter Company non-utility BART source, Glatfelter, in List of Subjects in 40 CFR Part 52 (Glatfelter) facility submitted as part of Chillicothe, Ohio. The BART Environmental protection, Air its State Implementation Plan (SIP) requirement specified that two of the pollution control, Greenhouse gases, Revision on April 14, 2014. Specifically, coal-fired boilers at this facility, No. 7 Incorporation by reference, EPA is extending the compliance date and No. 8, install control technology to for the SO2 emission limits applicable to Intergovernmental relations, Particulate limit the amount of SO2 emissions from matter, Reporting and recordkeeping Boilers No. 7 and No. 8 at Glatfelter by the boilers. The compliance date for requirements. 25 months, from December 31, 2014, to BART emission reductions was January 31, 2017. We have reviewed this Dated: February 23, 2016. scheduled to be December 31, 2014. The SIP revision and concluded that it meets compliance date was aligned with Heather McTeer Toney, the requirements of the Clean Air Act Regional Administrator, Region 4. Glatfelter’s expected compliance date and the regional haze rule and because for the Industrial Boiler Maximum 40 CFR part 52 is amended as follows: BART requirements continue to be met. Achievable Control Technology (MACT) DATES: PART 52—APPROVAL AND This final rule is effective on requirements finalized by EPA in May, PROMULGATION OF April 4, 2016. 2011 (76 FR 28862). IMPLEMENTATION PLANS ADDRESSES: EPA has established a On February 6, 2014, Ohio EPA docket for this action under Docket ID received a request from Glatfelter to ■ 1. The authority citation for part 52 No. EPA–R05–OAR–2014–0362. All extend the original compliance date to continues to read as follows: documents in the docket are listed on January 31, 2017. The extension request

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• is based on the litigation, revision and for the SO2 emission limits applicable to Does not provide EPA with the new compliance date associated with Boilers No. 7 and No. 8 at Glatfelter by discretionary authority to address, as the Industrial Boiler MACT. Under EPA 25 months from December 31, 2014, to appropriate, disproportionate human health regulations (40 CFR 51.308(3)(1)(iv)), January 31, 2017. or environmental effects, using practicable BART is to be implemented ‘‘as and legally permissible methods, under IV. Incorporation by Reference expeditiously as practicable, but in no Executive Order 12898 (59 FR 7629, February event later than 5 years after approval of In this rule, EPA is finalizing 16, 1994). the implementation plan revision.’’ The regulatory text that includes required compliance date is July 2, incorporation by reference. In In addition, the SIP is not approved 2017. accordance with requirements of 1 CFR to apply on any Indian reservation land This rulemaking addresses an April 51.5, EPA is finalizing the incorporation or in any other area where EPA or an 14, 2014, submission supplemented on by reference of the Ohio permit Indian tribe has demonstrated that a July 27, 2015, from the Ohio EPA to described in the amendments to 40 CFR tribe has jurisdiction. In those areas of extend the compliance date from part 52 set forth below. EPA has made, Indian country, the rule does not have December 31, 2014, to January 31, 2017. and will continue to make, these tribal implications and will not impose One of the requests within the April 14, documents generally available substantial direct costs on tribal 2014, SIP revision includes ‘‘the electronically through governments or preempt tribal law as requirement that P.H. Glatfelter submit www.regulations.gov and/or in hard specified by Executive Order 13175 (65 an application for modification of the copy at the appropriate EPA office (see FR 67249, November 9, 2000). federally enforceable permit (that will the ADDRESSES section of this preamble The Congressional Review Act, 5 include a compliance date outlining, at for more information). U.S.C. 801 et seq., as added by the Small a minimum, the specific, selected Business Regulatory Enforcement control technologies and methods of V. Statutory and Executive Order Fairness Act of 1996, generally provides compliance) from December 31, 2013, to Reviews that before a rule may take effect, the requiring the submittal provide for Under the CAA, the Administrator is sufficient time for Ohio EPA to include required to approve a SIP submission agency promulgating the rule must these requirements, along with any that complies with the provisions of the submit a rule report, which includes a appropriate monitoring, record keeping CAA and applicable Federal regulations. copy of the rule, to each House of the and reporting requirements, in the 42 U.S.C. 7410(k); 40 CFR 52.02(a). Congress and to the Comptroller General federally enforceable permit by no later Thus, in reviewing SIP submissions, of the United States. EPA will submit a than January 31, 2017.’’ EPA’s role is to approve state choices, report containing this action and other Ohio EPA supplemented its original provided that they meet the criteria of required information to the U.S. Senate, submittal on July 27, 2015, with a the CAA. Accordingly, this action the U.S. House of Representatives, and revised federally enforceable permit for merely approves state law as meeting the Comptroller General of the United Glatfelter that included the new Federal requirements and does not States prior to publication of the rule in compliance date. Ohio EPA made the impose additional requirements beyond the Federal Register. A major rule federally enforceable permit available those imposed by state law. For that cannot take effect until 60 days after it for public comment on June 6, 2015, reason, this action: is published in the Federal Register. and comments were accepted through • Is not a significant regulatory action This action is not a ‘‘major rule’’ as July 7, 2015. The Ohio EPA consulted subject to review by the Office of defined by 5 U.S.C. 804(2). the Federal Land Managers and Management and Budget under Executive Under section 307(b)(1) of the CAA, included them in the public comment Orders 12866 (58 FR 51735, October 4, 1993) petitions for judicial review of this process. Two comments were received and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information action must be filed in the United States and those comments, along with Ohio Court of Appeals for the appropriate EPA’s responses were included in the collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et circuit by May 3, 2016. Filing a petition July 27, 2015, submittal. seq.); for reconsideration by the Administrator II. What action is EPA taking? • Is certified as not having a significant of this final rule does not affect the economic impact on a substantial number of finality of this action for the purposes of The CAA and the Regional Haze Rule small entities under the Regulatory require BART controls to be installed as Flexibility Act (5 U.S.C. 601 et seq.); judicial review nor does it extend the expeditiously as practicable, but in no • Does not contain any unfunded mandate time within which a petition for judicial event later than five years after approval or significantly or uniquely affect small review may be filed, and shall not of the Regional Haze implementation governments, as described in the Unfunded postpone the effectiveness of such rule plan revision. The proposed rulemaking Mandates Reform Act of 1995 (Pub. L. or action. This action may not be 104–4); associated with this final action was • challenged later in proceedings to Does not have Federalism implications enforce its requirements. (See section published on December 9, 2015 (236 FR as specified in Executive Order 13132 (64 FR 76403), and EPA received no comments 43255, August 10, 1999); 307(b)(2).) • during the comment period, which Is not an economically significant List of Subjects in 40 CFR Part 52 ended on January 8, 2016. EPA is regulatory action based on health or safety therefore taking final action to approve, risks subject to Executive Order 13045 (62 FR Environmental protection, Air as proposed, Ohio’s submission. 19885, April 23, 1997); pollution control, Incorporation by • Is not a significant regulatory action III. Final Action subject to Executive Order 13211 (66 FR reference, Intergovernmental relations, 28355, May 22, 2001); Sulfur oxides. EPA is approving a revision to the • Ohio SIP submitted by the State of Ohio Is not subject to requirements of Section Dated: February 22, 2016. 12(d) of the National Technology Transfer on April 14, 2014, supplemented on and Advancement Act of 1995 (15 U.S.C. 272 Robert A. Kaplan, July 27, 2015, related to BART note) because application of those Acting Regional Administrator, Region 5. requirements for Glatfelter. Specifically, requirements would be inconsistent with the EPA is extending the compliance date CAA; and 40 CFR part 52 is amended as follows:

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PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. § 52.1870 Identification of plan. PROMULGATION OF ■ * * * * * IMPLEMENTATION PLANS 2. In § 52.1870, the table in paragraph (d) is amended by revising the entry for (d) * * * ■ 1. The authority citation for part 52 ‘‘P.H. Glatfelter Co.—Chillicothe’’ to continues to read as follows: read as follows:

EPA-APPROVED OHIO SOURCE-SPECIFIC PROVISIONS

Ohio effective Name of source Number date EPA approval date Comments

******* P.H. Glatfelter Co.—Chillicothe ... P0118907 ...... 07/20/15 03/04/16, [Insert Federal Regional haze BART Register citation]. emissions limits.

*******

* * * * * SUMMARY: This document corrects Medicaid EHR Incentive Programs. In [FR Doc. 2016–04730 Filed 3–3–16; 8:45 am] certain technical and typographical addition, it established the requirements BILLING CODE 6560–50–P errors that appeared in the October 16, for Stage 3 of the program as optional 2015 final rule with comment period in 2017 and required for all participants titled ‘‘Medicare and Medicaid beginning in 2018. The final rule with DEPARTMENT OF HEALTH AND Programs; Electronic Health Record comment period continues to encourage HUMAN SERVICES Incentive Program—Stage 3 and the electronic submission of clinical Modifications to Meaningful Use in quality measure (CQM) data, establishes Centers for Medicare & Medicaid 2015 through 2017.’’ requirements to transition the program Services DATES: This document is effective on to a single stage, and aligns reporting for March 4, 2016. providers in the Medicare and Medicaid 42 CFR Part 435 FOR FURTHER INFORMATION CONTACT: EHR Incentive Programs. Eligibility in the States, District of Kateisha Martin, (410) 786–4651. II. Summary of Errors SUPPLEMENTARY INFORMATION: Columbia, the Northern Mariana A. Summary of Errors in the Preamble Islands, and American Samoa I. Background On page 62767, in our discussion of CFR Correction In FR Doc. 2015–25595 of October 16, certified EHR technology requirements In Title 42 of the Code of Federal 2015 (80 FR 62762), in the final rule for the EHR Incentive Program, we made Regulations, Parts 430 to 481, revised as with comment period titled ‘‘Medicare a typographical error in the word ‘‘use’’ of October 1, 2015, on page 161, in and Medicaid Programs; Electronic in the sentence specifying that providers § 435.301, in paragraph (b)(2)(iii), Health Record Incentive Program—Stage may continue to use technology remove the term ‘‘425.330.320’’ and add 3 and Modifications to Meaningful Use certified to the 2014 Edition until EHR the term ‘‘425.320’’ in its place. in 2015 through 2017’’ (hereafter technology certified to the 2015 Edition referred to as the ‘‘2015 EHR Incentive [FR Doc. 2016–04872 Filed 3–3–16; 8:45 am] is required with an EHR reporting Programs final rule with comment period beginning in 2018. BILLING CODE 1505–01–D period’’), there were a number of On page 62801, in our response to the technical errors that are identified and public comment regarding ‘‘Objective 4: DEPARTMENT OF HEALTH AND corrected in this correcting amendment. Electronic Prescribing’’ we made a HUMAN SERVICES The provisions in this document are typographical error in the word treated as if they had been included in ‘‘distinguish’’ in the sentence specifying Centers for Medicare & Medicaid the 2015 EHR Incentive Programs final that we will no longer distinguish Services rule with comment period. between prescriptions for controlled In the 2015 EHR Incentive Programs substances. 42 CFR Part 495 final rule with comment period, we On page 62806, in our response to a specified the requirements that eligible public comment regarding ‘‘Objective 4: [CMS–3310 & 3311–F2] professionals (EPs), eligible hospitals, Electronic Prescribing’’ and the RINs 0938–AS26 and AS58 and critical access hospitals (CAHs) pathways acceptable for transmitting must meet in order to participate in the Summary of Care records, we Medicare and Medicaid Programs; Medicare and Medicaid EHR Incentive inadvertently omitted the word ‘‘have’’ Electronic Health Record Initiative Programs and successfully demonstrate in the sentence specifying that to count Program—Stage 3 and Modifications to meaningful use of certified EHR in the numerator the sending provider Meaningful Use in 2015 Through 2017; technology. In addition, it changed the must have reasonable certainty of Corrections and Correcting Medicare and Medicaid EHR Incentive receipt of the summary of care Amendment Programs reporting period in 2015 to a document. In addition, there is AGENCY: Centers for Medicare & 90-day period aligned with the calendar typographical error and the word Medicaid Services (CMS), HHS. year. It also removed reporting ‘‘obtain’’ was omitted causing an requirements on measures that have incomplete sentence which reads ACTION: Final rule; corrections and become redundant, duplicative, or ‘‘Instead, r the referring provider must correcting amendment. topped out from the Medicare and confirmation’’. This sentence is

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corrected to read ‘‘Instead, the referring instead of stating that the exclusion process are impracticable, unnecessary, provider must obtain confirmation’’. applies for both measures 2 and 3 for or contrary to the public interest. In On page 62819, we made a EPs scheduled to be in Stage 1 in 2016. addition, both section 553(d)(3) of the typographical error in our discussion On page 62948, in APA and section 1871(e)(1)(B)(ii) of the regarding previous registrations with a § 495.22(e)(10)(ii)(C)(3), we incorrectly Act allow the agency to avoid the 30- public health agency or clinical data referenced EPs instead of eligible day delay in effective date where such registry that occurred in a previous stage hospitals or CAHs in specifying the delay is contrary to the public interest of meaningful use could count toward exclusion for the immunization registry and an agency includes a statement of Active Engagement Option 1 for any of reporting measure. support. the EHR reporting periods in 2015, 2016 On page 62951, in or 2017. § 495.24(d)(7)(i)(B)(3), we erroneously We believe that this document does On page 62825, in Table 6—PUBLIC stated that the provider must implement not constitute a rulemaking that would HEALTH REPORTING OBJECTIVE clinical information reconciliation for be subject to these requirements. This MEASURES FOR EPs, ELIGIBLE ‘‘two of the following three’’ clinical document corrects technical and HOSPITALS, AND CAHs IN 2015 information sets instead of stating that typographic errors in the preamble and THROUGH 2017, we inadvertently the provider must implement clinical regulation text included in the 2015 included the phrase ‘‘with a public information reconciliation for ‘‘the EHR Incentive Programs final rule with health agency’’ in the description of the following three’’ clinical information comment period. The corrections Measure 3 Specialized Registry sets, which is consistent with the contained in this document are Reporting ‘‘Measure Specification’’ in proposed regulation text (80 FR 16800) consistent with, and do not make error. and the description in the final rule substantive changes to, the policies that On page 62834, in our response to a preamble (80 FR 62862). were adopted subject to notice and public comment regarding the eventual On page 62952, in comment procedures in the final rule progression toward universal inclusion § 495.24(d)(7)(ii)(B)(3), we erroneously with comment period. As a result, the of controlled substances in electronic stated that the provider must implement corrections made through this document prescribing as a desired goal, we made clinical information reconciliation for are intended to ensure that the 2015 a grammatical error. ‘‘two of the following three’’ clinical EHR Incentive Programs final rule with On page 62868, in our response to a information sets instead of stating that comment period accurately reflects the public comment regarding reporting to the provider must implement clinical policies adopted in that rule. In specialized registries, we made a information reconciliation for ‘‘the addition, even if this were a rulemaking typographical error in the cross- following three’’ clinical information to which the notice and comment reference for the section outlining the sets, which is consistent with the procedures and delayed effective date Specialized Registry Reporting measure proposed regulation text (80 FR 16801) requirements applied, we find that there for 2015 through 2017. and the description in the final rule is good cause to waive such On page 62885, in Table 15—EP preamble (80 FR 62862). requirements. Undertaking further OBJECTIVES, MEASURES, AND III. Waiver of Proposed Rulemaking, notice and comment procedures to CERTIFICATION CRITERIA FOR 60-Day Comment Period, and Delay in incorporate the corrections in this STAGE 3 IN 2018 AND SUBSEQUENT Effective Date document into the final rule with YEARS, we made technical errors in the comment period or delaying the descriptions of Measures 1 and 2 of Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA), effective date would be contrary to the Objective 6—Coordination of Care public interest because it is in the through Patient Engagement where the the agency is required to publish a notice of the proposed rule in the public’s interest for eligible table text does not match the correct text professionals, eligible hospitals, and in the preamble and regulation text for Federal Register before the provisions of a rule take effect. Similarly, section critical access hospitals to be advised, in the correct year. a timely manner, of the meaningful use On page 62883, in TABLE 14— 1871(b)(1) of the Act requires the criteria and EHR reporting periods that ELIGIBLE HOSPITAL/CAH Secretary to provide for notice of the they must meet in order to qualify for OBJECTIVES, MEASURES, AND proposed rule in the Federal Register Medicare and Medicaid electronic CERTIFICATION CRITERIA FOR and provide a period of not less than 60 health record incentive payments and STAGE 3 IN 2017, we made technical days for public comment. In addition, avoid payment reductions under errors in the threshold description for section 553(d) of the APA, and section Medicare, and to ensure that the final Measures 1 and 2 of Objective 6 where 1871(e)(1)(B)(i) of the Act mandate a 30- rule with comment period accurately the table text does not match the correct day delay in effective date after issuance text in the preamble and regulation text or publication of a rule. Sections reflects our policies as of the date they for the correct year. 553(b)(B) and 553(d)(3) of the APA take effect and are applicable. On page 62928, in Table 25— provide for exceptions from the notice Furthermore, such procedures would be ESTIMATED ANNUAL INFORMATION and comment and delay in effective date unnecessary, as we are not altering our COLLECTION BURDEN, we made APA requirements; in cases in which policies; rather, we are simply typographical errors in the regulatory these exceptions apply, sections implementing correctly the policies that citations listed in the first column of the 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the we previously proposed, received table. Act provide exceptions from the notice comment on, and subsequently and 60-day comment period and delay finalized. This correcting document is B. Summary of Errors in the Regulations in effective date requirements of the Act intended solely to ensure that the 2015 Text as well. Section 553(b)(B) of the APA EHR Incentive Programs final rule with On page 62945, in and section 1871(b)(2)(C) of the Act comment period accurately reflects § 495.22(e)(3)(ii)(C)(3), we erroneously authorize an agency to dispense with these policies. Therefore, we believe we stated that the alternate exclusion normal rulemaking requirements for have good cause to waive the notice and applies for only measure 3 for EPs good cause if the agency makes a comment and effective date scheduled to be in Stage 1 in 2016 finding that the notice and comment requirements.

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IV. Correction of Errors CERTIFICATION CRITERIA FOR its place the phrase ‘‘for the following In FR Doc. 2015–25595 of October 16, STAGE 3 IN 2018 AND SUBSEQUENT three clinical information sets:’’. ■ b. In paragraph (d)(7)(ii)(B)(3) 2015 (80 FR 62762), we are making the YEARS, second column— introductory text by removing the following corrections: a. Line 17 from the bottom of the 1. On page 62767, first column, first column (Measure 1 of Objective 6), the phrase ‘‘for two of the following three full paragraph, line 16, the phrase phrase ‘‘Measure 1: For 2017, during the clinical information sets:’’ and adding in ‘‘continue to usher’’ is corrected to read EHR reporting period’’ is corrected to its place the phrase ‘‘for the following ‘‘continue to use’’. read ‘‘Measure 1: During the EHR three clinical information sets:’’. 2. On page 62801, second column, reporting period’’. Dated: February 25, 2016. b. Line 6 from the bottom of the first full paragraph, line 32, the phrase Wilma Robinson, ‘‘longer distinguishing between’’ is column (Measure 2 of Objective 6), the phrase ‘‘Measure 2: For 2017, more than Deputy Executive Secretary to the corrected to read ‘‘longer distinguish Department, Department of Health and between’’. 25%’’ is corrected to read ‘‘Measure 2: Human Services. More than 25%’’. 3. On page 62806, third column, first [FR Doc. 2016–04785 Filed 3–3–16; 8:45 am] 10. On page 62928, in TABLE 25— paragraph— BILLING CODE 4120–01–P ESTIMATED ANNUAL INFORMATION a. Lines 4 and 5, the phrase ‘‘must COLLECTION BURDEN, the first reasonable certainty’’ is corrected to column (Reg. Section)— read ‘‘must have reasonable certainty’’. DEPARTMENT OF HEALTH AND a. Line 1, the citation ‘‘§ 495.x’’ is b. Line 9 and 10, the phrase ‘‘Instead, HUMAN SERVICES corrected to read ‘‘§ 495.24’’ r the referring provider must b. Line 3, the citation ‘‘§ 495.6’’ is confirmation’’ is corrected to read Centers for Medicare & Medicaid corrected to read ‘‘§ 495.22’’. ‘‘Instead, the referring provider must Services obtain confirmation’’. List of Subjects in 42 CFR Part 495 42 CFR Part 510 4. On page 62819, second column, last Administrative practice and paragraph, line 12, the phrase ‘‘a procedure, Electronic health records, [CMS–5516–F2] previous stages’’ is corrected to read ‘‘a Health facilities, Health professions, RIN–0938–AS64 previous stage’’. Health maintenance organizations 5. On page 62825, in TABLE 6— (HMO), Medicaid, Medicare, Penalties, Medicare Program; Comprehensive PUBLIC HEALTH REPORTING Privacy, Reporting and recordkeeping Care for Joint Replacement Payment OBJECTIVE MEASURES FOR EPS, requirements. Model for Acute Care Hospitals ELIGIBLE HOSPITALS, AND CAHS IN As noted in section II.B. of this Furnishing Lower Extremity Joint 2015 THROUGH 2017, second column document, the Centers for Medicare & Replacement Services; Corrections (Measure specification column for Medicaid Services is making the and Correcting Amendments Measure 3) lines 5 and 6, the phrase following correcting amendments to 42 ‘‘The EP, eligible hospital, or CAH is in AGENCY: Centers for Medicare & CFR part 495: active engagement with a public health Medicaid Services (CMS), HHS. agency to submit data to a specialized PART 495—STANDARDS FOR THE ACTION: Final rule; correction and registry’’ is corrected to read ‘‘The EP, ELECTRONIC HEALTH RECORD correcting amendments. eligible hospital, or CAH is in active TECHNOLOGY INCENTIVE PROGRAM engagement to submit data to a SUMMARY: In the November 24, 2015 specialized registry’’. ■ 1. The authority citation for part 495 Federal Register (80 FR 73274), we 6. On page 62834, first column, last continues to read as follows: published a final rule to implement a paragraph, line 22, the phrase new Medicare Part A and B payment Authority: Secs. 1102 and 1871 of the model under section 1115A of the ‘‘distinguishing between’’ is corrected to Social Security Act (42 U.S.C. 1302 and read ‘‘distinguish between’’. 1395hh). Social Security Act, called the 7. On page 62868, second column, Comprehensive Care for Joint first full paragraph, lines 39 and 40, the § 495.22 [Amended] Replacement (CJR) model, in which phrase ‘‘section aII.B.2.b.x for further ■ 2. Section 495.22 is amended as acute care hospitals in certain selected information’’ is corrected to read follows: geographic areas will receive ‘‘Objective 10 in section II.B.2.a. of this ■ a. In paragraph (e)(3)(ii)(C)(3) by retrospective bundled payments for final rule for further information’’. removing the phrase ‘‘paragraph episodes of care for lower extremity 8. On page 62883, in Table 14— (e)(3)(ii)(A)(3) of this section in 2016’’ joint replacement (LEJR) or ELIGIBLE HOSPITAL/CAH and adding in its place the phrase reattachment of a lower extremity. The OBJECTIVES, MEASURES, AND ‘‘paragraphs (e)(3)(ii)(A)(2) and effective date was January 15, 2016. CERTIFICATION CRITERIA FOR (e)(3)(ii)(A)(3) of this section in 2016.’’ This correcting amendment corrects a STAGE 3 IN 2017—CONTINUED, ■ b. In paragraph (e)(10)(ii)(C)(3) limited number of technical and second column— introductory text by removing the typographical errors identified in the a. Second set of paragraphs, second phrase ‘‘if the EP:’’ and adding in its November 24, 2015 final rule. paragraph (Measure 1 of Objective 6), place the phrase ‘‘if the eligible hospital DATES: This correcting amendment is line 2, the phrase ‘‘more than 10 or CAH:’’. effective March 4, 2016. percent’’ is corrected to read ‘‘more than FOR FURTHER INFORMATION CONTACT: 5 percent’’. § 495.24 [Amended] Claire Schreiber, [email protected], (410) b. Third set of paragraphs, last ■ 3. Section 495.24 is amended as 786–8939. paragraph (Measure 2 of Objective 6) follows: SUPPLEMENTARY INFORMATION: line 1, the phrase ‘‘more than 25%’’ is ■ a. In paragraph (d)(7)(i)(B)(3) corrected to read ‘‘more than 5%’’. introductory text by removing the I. Background 9. On page 62885, in TABLE 15—EP phrase ‘‘for two of the following three In FR Doc. 2015–29438 of November OBJECTIVES, MEASURES, AND clinical information sets:’’ and adding in 24, 2015 (80 FR 73274), the final rule

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entitled ‘‘Comprehensive Care for Joint On page 73544, in the regulation text consistent with, and do not make Replacement Payment Model for Acute at § 510.300(c)(2) (Determination of substantive changes to, the policies that Care Hospitals Furnishing Lower episode target prices) we inadvertently were adopted subject to notice and Extremity Joint Replacement Services’’ omitted the discount factor for comment procedures in the final rule. there were a number of technical and repayment amounts in program years As a result, the corrections made typographical errors that are identified (PYs) 4 and 5. To correct this error, we through this document are intended to and corrected in this correcting have added a paragraph (c)(2)(iii). ensure that the Medicare Program; amendment. The provisions in this On page 73549, in the regulation text Comprehensive Care for Joint correcting amendment are effective as if at § 510.305, we made a cross- Replacement Payment Model for Acute they had been included in the final rule referencing error. Care Hospitals Furnishing Lower appearing in the November 24, 2015 The corrections to the errors Extremity Joint Replacement Services Federal Register. summarized in this section appear in final rule accurately reflects the policies the regulations text of this correcting adopted in that rule. In addition, even II. Summary of Errors amendment. if this were a rulemaking to which the A. Summary of Errors in the Preamble III. Waiver of Proposed Rulemaking, notice and comment procedures and On pages 73274 and 73282, we made 60-Day Comment Period, and Delay in delayed effective date requirements an error in identifying the acronym Effective Date applied, we find that there is good cause ‘‘MS–DRG’’. to waive such requirements. Under 5 U.S.C. 553(b) of the Undertaking further notice and On pages 73289, 73335, 73412, 73526, Administrative Procedure Act (APA), and 73528, we made inadvertent comment procedures to incorporate the the agency is required to publish a corrections in this document into the typographical errors which included the notice of the proposed rule in the omission and addition of words, final rule or delaying the effective date Federal Register before the provisions would be contrary to the public interest symbols, and lines of text. of a rule take effect. Similarly, section On pages 73324, 73381, and 73535, because it is in the public’s interest for 1871(b)(1) of the Act requires the we made typographical errors in the the CJR model final rule to accurately Secretary to provide for notice of the Medicare Severity Diagnosis Related reflect our policies as of the date they proposed rule in the Federal Register Group (MS–DRG) and National Quality take effect and are applicable. and provide a period of not less than 60 Forum (NQF) numbers. Furthermore, such procedures would be days for public comment. In addition, On page 73324, we made unnecessary, as we are not altering our section 553(d) of the APA, and section typographical and grammatical errors policies; rather, we are simply 1871(e)(1)(B)(i) of the Act mandate a 30- when specifying several regulatory implementing correctly the policies that day delay in effective date after issuance citations. we previously proposed, received or publication of a rule. Sections On pages 73338, 73355, 73357, and comment on, and subsequently 553(b)(B) and 553(d)(3) of the APA 73358, in our discussion of the ‘‘Episode finalized. This correcting document is provide for exceptions from the notice Price Setting Methodology’’, we implied intended solely to ensure that the and comment and delay in effective date that the calculation of prospective target Medicare Program; Comprehensive Care prices will incorporate the effective APA requirements; in cases in which these exceptions apply, sections for Joint Replacement Payment Model discount percentage determined by for Acute Care Hospitals Furnishing quality performance under the model. 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the Act provide exceptions from the notice Lower Extremity Joint Replacement We clarify that target prices will be Services final rule accurately reflects determined prospectively using a 3 and 60-day comment period and delay in effective date requirements of the Act these policies. Therefore, we believe we percent discount percentage, and have good cause to waive the notice and hospitals may experience a different as well. Section 553(b)(B) of the APA and section 1871(b)(2)(C) of the Act comment and effective date effective discount percentage at requirements. reconciliation due to quality. authorize an agency to dispense with On page 73362, in our discussion of normal rulemaking requirements for IV. Correction of Errors in the Preamble the ‘‘Methodology To Determine good cause if the agency makes a In FR Doc. 2015–29438 of November Performance on the Quality Measures’’, finding that the notice and comment 24, 2015 (80 FR 73274), make the we made an error in the data submission process are impracticable, unnecessary, following corrections: requirements for the percentage of the or contrary to the public interest. In 1. On page 73274, third column, line eligible elective primary THA/TKA addition, both section 553(d)(3) of the 18, the phrase ‘‘MS–DRG Medical patients needed. APA and section 1871(e)(1)(B)(ii) of the Severity Diagnosis-’’ is corrected to read Act allow the agency to avoid the 30- ‘‘MS–DRG Medicare Severity B. Summary of Errors in the Regulations day delay in effective date where such Text Diagnosis-’’. delay is contrary to the public interest 2. On page 73282, third column, last On page 73543, in the regulations text and the agency includes a statement of paragraph, lines 6 and 7, the phrase for § 510.300, we erroneously included support. ‘‘Medical Severity Diagnosis-Related a paragraph regarding adjustments for We believe that this document does Group (MS–DRG)’’ is corrected to read quality performance (paragraph (a)(4)). not constitute a rulemaking that would ‘‘Medicare Severity Diagnosis-Related We note that as specified in the final be subject to these requirements. This Group (MS–DRG)’’. rule, target prices will be determined document corrects technical and 3. On page 73289, third column, sixth prospectively using a 3 percent discount typographic errors in the preamble and full paragraph, line 2, the phrase ‘‘that percentage, and hospitals may regulation text included in the Medicare that’’ is corrected to read ‘‘that’’. experience a different effective discount Program; Comprehensive Care for Joint 4. On page 73324— percentage at reconciliation due to Replacement Payment Model for Acute a. Second column, first full paragraph, quality. To correct this error, we have Care Hospitals Furnishing Lower lines 26 and 27, the phrase ‘‘MS–DRG removed paragraph (a)(4) and Extremity Joint Replacement Services 569’’ is corrected to read ‘‘MS–DRG renumbered the subsequent paragraph (80 FR 73274). The corrections 469’’. (that is, the current paragraph (a)(5)) . contained in this document are b. Third column—

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(1) First partial paragraph, line 2, the partial paragraph, lines 1 through 4, the in its place the cross-reference phrase ‘‘§ 510.210(a)’’ is corrected to phrase ’’ the appropriate effective ‘‘§ 510.410(b)’’. read ‘‘§ 510.210(a).’’. discount factor that incorporates any Dated: February 24, 2016. (2) First full paragraph, line 3, the quality incentive payment, as briefly Wilma Robinson, phrase ‘‘§ 510.2 and’’ is corrected to described in section III.C.4.b.(9) of this Deputy Executive, Secretary to the read ‘‘§ 510.210.’’ final rule and more specifically detailed (3) After the first full paragraph, the Department, Department of Health and in the response to comments in section Human Services. reference ‘‘§ 510.210(a).’’ is corrected by III.C.5. of this final rule and Tables 19, [FR Doc. 2016–04786 Filed 3–3–16; 8:45 am] removing the reference. 20, and 21.’’ is corrected to read ‘‘a 3- 5. On page 73335, first column, first percent discount factor, as described in BILLING CODE 4120–01–P paragraph, lines 4 and 5, the phrase section III.C.4.b.(9). of this final rule.’’. ‘‘this final,’’ is corrected to read ‘‘this 9. On page 73381, second column, final rule,’’. first full paragraph, line 38, the DEPARTMENT OF COMMERCE 6. On page 73338— reference ‘‘(NQF #0116)’’ is corrected to a. First column, last partial paragraph, National Oceanic and Atmospheric read ‘‘(NQF #0166)’’. Administration lines 23 and 24, the phrase ‘‘will have 10. On page 73412, third column, first 8 potential target prices’’ is corrected to full paragraph, line 29, the phrase ‘‘only 50 CFR Part 622 read ‘‘will have potential target prices at be only’’ is corrected to read ‘‘only be’’. reconciliation’’. 11. On page 73526, third column, first [Docket No. 101206604–1758–02] b. Second column, first partial full paragraph, lines 27 and 28, the RIN 0648–XE480 paragraph, phrase ‘‘as well as- on other methods’’ (1) Lines 3 through 5, the phrase ‘‘and is corrected to read ‘‘as well as other Fisheries of the Caribbean, Gulf of between January 1 and September 30 vs. methods’’. Mexico, and South Atlantic; Coastal between October 1 and December 31 for 12. On page 73528, first column, Migratory Pelagic Resources of the performance years 2 through 5)’’ is second paragraph, line 1, the acronym Gulf of Mexico and South Atlantic; Trip corrected to read ‘‘and between January ‘‘CJR’’ is corrected by removing the Limit Increase 1 and September 30 vs. between October acronym. 1 and December 31 for performance 13. On page 73535, first column, AGENCY: National Marine Fisheries years 2 through 5), as well as different fourth paragraph, line 14, the reference Service (NMFS), National Oceanic and potential effective discount factors at ‘‘(NQF #0116)’’ is corrected to read Atmospheric Administration (NOAA), reconciliation, which reflects quality ‘‘(NQF #0166)’’. Commerce. performance, as discussed in section List of Subjects for 42 CFR Part 510 ACTION: Temporary rule; inseason trip III.C.5.’’. limit increase. (2) Lines 6 through 16, the phrase Administrative practice and ‘‘Each participant hospital in procedure, Health facilities, Medicare, SUMMARY: NMFS increases the trip limit performance years 2 and 3 will have 16 Reporting and recordkeeping in the commercial sector for king target prices for the same combinations requirements. mackerel in the Florida east coast in performance years 1, 4, and 5, but Accordingly, 42 CFR chapter IV is subzone to 75 fish per day in or from the with one group of 8 potential target corrected by making the following exclusive economic zone (EEZ). This prices for purposes of calculating correcting amendments to part 510: trip limit increase is necessary to reconciliation payments and another maximize the socioeconomic benefits group of 8 potential target prices for PART 510—COMPREHENSIVE CARE associated with harvesting the king purposes of determining hospital’s FOR JOINT REPLACEMENT MODEL mackerel commercial quota. responsibility for excess episode DATES: This rule is effective 12:01 a.m., spending.’’ is corrected to read ‘‘Each ■ 1. The authority citation for part 510 continues to read as follows: local time, March 1, 2016, through participant hospital in performance March 31, 2016. years 2 and 3 will have target prices for Authority: Secs. 1102, 1115A, and 1871 of FOR FURTHER INFORMATION CONTACT: the same combinations as in the Social Security Act (42 U.S.C. 1302, performance years 1, 4, and 5, but with 1315(a), and 1395hh). Susan Gerhart, NMFS Southeast the potential for additional effective Regional Office, telephone: 727–824– ■ 2. Section 510.300 is amended by— 5305, email: [email protected]. discount factors at reconciliation that ■ a. Removing paragraph (a)(4). reflect the reduced discount percentage ■ b. Redesignating paragraph (a)(5) as SUPPLEMENTARY INFORMATION: The for purposes of determining a hospital’s new paragraph (a)(4). fishery for coastal migratory pelagic fish responsibility for excess episode ■ c. Adding paragraph (c)(2)(iii). (king mackerel, Spanish mackerel, and spending.’’ The addition reads as follows: cobia) is managed under the Fishery 7. On page 73355— Management Plan for the Coastal a. First column, third full paragraph, § 510.300 Determination of episode target Migratory Pelagic Resources of the Gulf lines 6 and 7, the phrase ‘‘used to prices. of Mexico and South Atlantic (FMP). calculate its target prices.’’ is corrected * * * * * The FMP was prepared by the Gulf of to read ‘‘experienced at reconciliation’’. (c) * * * Mexico and South Atlantic Fishery b. Third column, first full paragraph, (2) * * * Management Councils (Councils) and is lines 32 and 33, the phrase ‘‘discount (iii) In performance years 4 and 5, 3.0 implemented by NMFS under the factor for participant hospitals with’’ is percent. authority of the Magnuson-Stevens corrected to read ‘‘effective discount * * * * * Fishery Conservation and Management factor at reconciliation for participant Act (Magnuson-Stevens Act) by hospitals with’’. § 510.305 [Amended] regulations at 50 CFR part 622. 8. On page 73357, third column, last ■ 3. In § 510.305, paragraph (f)(1)(iii) is On January 30, 2012 (76 FR 82058, bulleted paragraph, lines 4 through 7 amended by removing the cross- December 29, 2011), NMFS and page 73358, first column, first reference ‘‘§ 510.410(b)(5)’’ and adding implemented a commercial quota of

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1,102,896 lb (500,265 kg) for Gulf pursuant to the authority set forth in 5 through 1200 hours, A.l.t., June 10, migratory group king mackerel in the U.S.C. 553(b)(B), because prior notice 2016. Florida east coast subzone (50 CFR and opportunity for public comment on FOR FURTHER INFORMATION CONTACT: 622.384(b)(1)(i)(A)). From November 1 this temporary rule is unnecessary and Obren Davis, 907–586–7228. through March 31, the Florida east coast contrary to the public interest. Such SUPPLEMENTARY INFORMATION: NMFS subzone encompasses an area of the EEZ procedures are unnecessary because the manages the groundfish fishery in the south of a line extending due east of the rule establishing the trip limits has GOA exclusive economic zone boundary between Flagler and Volusia already been subject to notice and Counties, FL, and north of a line comment, and all that remains is to according to the Fishery Management extending due east of the boundary notify the public of the trip limit Plan for Groundfish of the Gulf of between Miami-Dade and Monroe increase. Such procedures are contrary Alaska (FMP) prepared by the North Counties, FL. From November 1 through to the public interest, because prior Pacific Fishery Management Council the end of February, king mackerel in or notice and opportunity for public under authority of the Magnuson- from the subzone may be possessed on comment would require time, thus Stevens Fishery Conservation and board or landed from a permitted vessel delaying fishermen’s ability to catch Management Act. Regulations governing in amounts not exceeding 50 fish per more king mackerel than the present fishing by U.S. vessels in accordance day (50 CFR 622.385(a)(2)(i)(A)). trip limit allows and preventing with the FMP appear at subpart H of 50 However, beginning on March 1, if fishermen from reaping the CFR part 600 and 50 CFR part 679. less than 70 percent of the Florida east socioeconomic benefits associated with Regulations governing sideboard coast subzone king mackerel this increased trip limit. protections for GOA groundfish commercial quota has been harvested by As this action allows fishermen to fisheries appear at subpart B of 50 CFR that date, king mackerel in or from that increase their harvest of king mackerel part 680. subzone may be possessed on board or from 50 fish to 75 fish per day in or The A season allowance of the 2016 landed from a permitted vessel in from the EEZ of the Florida east coast Pacific cod total allowable catch (TAC) amounts not exceeding 75 fish per day subzone, the AA finds it relieves a apportioned to vessels using jig gear in (50 CFR 622.385(a)(2)(i)(B)(2)). restriction and may go into effect the Central Regulatory Area of the GOA NMFS has determined that less than without a 30-day delay in effectiveness, is 222 metric tons (mt), as established by 70 percent of the quota for Gulf pursuant to 5 U.S.C. 553(d)(1). the final 2015 and 2016 harvest specifications for groundfish of the GOA migratory group king mackerel in the Authority: 16 U.S.C. 1801 et seq. Florida east coast subzone will be (80 FR 10250, February 25, 2015) and harvested by March 1, 2016. Dated: March 1, 2016. inseason adjustment (81 FR 188, January Accordingly, a 75-fish trip limit applies Emily H. Menashes, 5, 2016). to vessels fishing for king mackerel in or Acting Director, Office of Sustainable In accordance with § 679.20(d)(1)(i), from the EEZ in the Florida east coast Fisheries, National Marine Fisheries Service. the Administrator, Alaska Region, subzone effective 12:01 a.m., local time, [FR Doc. 2016–04798 Filed 3–1–16; 4:15 pm] NMFS (Regional Administrator) has March 1, 2016. The 75-fish trip limit BILLING CODE 3510–22–P determined that the A season allowance will remain in effect until the of the 2016 Pacific cod TAC commercial quota is reached and the apportioned to vessels using jig gear in subzone closes, or until the end of the DEPARTMENT OF COMMERCE the Central Regulatory Area of the GOA subzone’s current fishing year on March will soon be reached. Therefore, the National Oceanic and Atmospheric 31, 2016. Regional Administrator is establishing a Administration directed fishing allowance of 217 mt Classification and is setting aside the remaining 5 mt The Regional Administrator, 50 CFR Part 679 as bycatch to support other anticipated Southeast Region, NMFS, has [Docket No. 140918791–4999–02] groundfish fisheries. In accordance with determined this temporary rule is § 679.20(d)(1)(iii), the Regional necessary for the conservation and RIN 0648–XE482 Administrator finds that this directed management of Gulf migratory group Fisheries of the Exclusive Economic fishing allowance has been reached. king mackerel and is consistent with the Zone Off Alaska; Pacific Cod by Consequently, NMFS is prohibiting Magnuson-Stevens Act and other Vessels Using Jig Gear in the Central directed fishing for Pacific cod by applicable laws. Regulatory Area of the Gulf of Alaska vessels using jig gear in the Central This action is taken under 50 CFR Regulatory Area of the GOA. After the 622.385(a)(2)(i)(B)(2) and is exempt AGENCY: National Marine Fisheries effective date of this closure the from review under Executive Order Service (NMFS), National Oceanic and maximum retainable amounts at 12866. Atmospheric Administration (NOAA), § 679.20(e) and (f) apply at any time These measures are exempt from the Commerce. during a trip. procedures of the Regulatory Flexibility ACTION: Temporary rule; closure. Act because the temporary rule is issued Classification without opportunity for prior notice and SUMMARY: NMFS is prohibiting directed This action responds to the best comment. fishing for Pacific cod by vessels using available information recently obtained This action responds to the best jig gear in the Central Regulatory Area from the fishery. The Assistant scientific information available. The of the Gulf of Alaska (GOA). This action Administrator for Fisheries, NOAA Assistant Administrator for Fisheries, is necessary to prevent exceeding the A (AA), finds good cause to waive the NOAA (AA), finds that the need to season allowance of the 2016 Pacific requirement to provide prior notice and immediately implement this cod total allowable catch apportioned to opportunity for public comment commercial trip limit increase vessels using jig gear in the Central pursuant to the authority set forth at 5 constitutes good cause to waive the Regulatory Area of the GOA. U.S.C. 553(b)(B) as such requirement is requirements to provide prior notice DATES: Effective 1200 hours, Alaska impracticable and contrary to the public and opportunity for public comment local time (A.l.t.), March 1, 2016, interest. This requirement is

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impracticable and contrary to the public only became available as of February 29, This action is required by § 679.20 interest as it would prevent NMFS from 2016. and is exempt from review under responding to the most recent fisheries The AA also finds good cause to Executive Order 12866. data in a timely fashion and would waive the 30-day delay in the effective Authority: 16 U.S.C. 1801 et seq. delay the directed fishing closure of date of this action under 5 U.S.C. Dated: March 1, 2016. Pacific cod for vessels using jig gear in 553(d)(3). This finding is based upon Emily H. Menashes, the Central Regulatory Area of the GOA. the reasons provided above for waiver of NMFS was unable to publish a notice Acting Director, Office of Sustainable prior notice and opportunity for public Fisheries, National Marine Fisheries Service. providing time for public comment comment. [FR Doc. 2016–04809 Filed 3–1–16; 4:15 pm] because the most recent, relevant data BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 81, No. 43

Friday, March 4, 2016

This section of the FEDERAL REGISTER document, but no later than April 4, Renewable Energy, Building contains notices to the public of the proposed 2016. Technologies Office, EE–5B, 1000 issuance of rules and regulations. The The coverage and definitions Independence Avenue SW., purpose of these notices is to give interested proposed in this document would be Washington, DC 20585–0121. persons an opportunity to participate in the effective 30 days after publication of any Telephone: (202) 586–0371. Email: rule making prior to the adoption of the final final coverage determination in the rules. [email protected]. Federal Register. After that date, In the Office of General Counsel, products within the scope of MREF contact Mr. Michael Kido, U.S. DEPARTMENT OF ENERGY coverage would be subject to any Department of Energy, Office of the applicable test procedures and energy General Counsel, GC–33, 1000 10 CFR Part 430 conservation standards established for Independence Avenue SW., MREFs. [Docket No. EERE–2011–BT–DET–0072] Washington, DC 20585–0121. ADDRESSES: This rulemaking can be Telephone: (202) 586–8145. Email: RIN 1904–AC66 and 1904–AC51 identified by docket number EERE– [email protected]. 2011–BT–DET–0072 and/or Regulatory For further information on how to Energy Conservation Program for Information Number (RIN) 1904–AC66 review public comments, contact Ms. Consumer Products and Certain and 1904–AC51. Brenda Edwards at (202) 586–2945 or by Commercial and Industrial Equipment: Interested persons are encouraged to email: [email protected]. Supplemental Proposed Determination submit comments using the Federal of Miscellaneous Refrigeration eRulemaking Portal at http:// SUPPLEMENTARY INFORMATION: Products as Covered Products www.regulations.gov. Follow the Table of Contents instructions for submitting comments. AGENCY: Office of Energy Efficiency and Alternatively, interested persons may I. Statutory Authority Renewable Energy, Department of submit comments, identified by docket Energy. II. Current Rulemaking Process number, EERE–2011–BT–DET–0072 by III. Scope of Coverage ACTION: Notice of proposed rulemaking; any of the following methods: IV. Evaluation of Miscellaneous Refrigeration supplemental notice of proposed • Email: to Non- Products as Covered Products determination. CompressorResRefrigProd-2011-DET- A. Coverage Necessary or Appropriate To [email protected]. Include EERE–2011– Carry Out Purposes of EPCA SUMMARY: The U.S. Department of BT–DET–0072 in the subject line of the B. Energy Use Estimates Energy (DOE) is proposing to treat message. 1. Coolers certain miscellaneous refrigeration • Mail: Ms. Brenda Edwards, U.S. 2. Combination Cooler Refrigeration products (MREFs), which include Department of Energy, Building Products coolers and combination cooler Technologies Office, Mailstop EE–5B, 3. Conclusions refrigeration products, as covered V. Product Definitions 1000 Independence Avenue SW., A. Coolers products under Part A of Title III of the Washington, DC 20585– 0121. Phone: Energy Policy and Conservation Act B. Combination Cooler Refrigeration (202) 586–2945. Please submit one Products (EPCA), as amended. This supplemental signed paper original. C. Refrigerators, Refrigerator Freezers, and proposed determination would modify • Hand Delivery/Courier: Ms. Brenda Freezers DOE’s initial proposed scope of those Edwards, U.S. Department of Energy, D. General Terms for the Groups of products that would be considered Building Technologies Program, 6th Products Addressed in This Document MREFs presented in its earlier proposed Floor, 950 L’Enfant Plaza SW., VI. Procedural Issues and Regulatory Review determinations. As part of this Washington, DC 20024. Phone: (202) A. Review Under Executive Order 12866 supplemental proposed determination, 586–2945. Please submit one signed B. Review Under the Regulatory Flexibility DOE is also proposing specific paper original. Act definitions of the product categories that All submissions received must C. Review Under the Paperwork Reduction would fall within the MREF product include the agency name and docket Act of 1995 D. Review Under the National type. In addition, DOE is proposing to number or RIN for this rulemaking. amend its current definitions for Environmental Policy Act of 1969 Docket: For access to the docket to E. Review Under Executive Order 13132 refrigerators, refrigerator-freezers, and read background documents or F. Review Under Executive Order 12988 freezers to help clarify the distinctions comments received, go to the U.S. G. Review Under the Unfunded Mandates between the proposed covered product Department of Energy, 6th Floor, 950 Reform Act of 1995 definitions for MREFs. The proposed L’Enfant Plaza SW., Washington, DC H. Review Under the Treasury and General amendments to these definitions (for 20024, (202) 586–2945, between 9:00 Government Appropriations Act of 1999 refrigerators, refrigerator-freezers, and a.m. and 4:00 p.m., Monday through I. Review Under Executive Order 12630 freezers) would not alter the scope or Friday, except Federal holidays. Please J. Review Under the Treasury and General intent of the current definitions, other call Ms. Brenda Edwards at (202) 586– Government Appropriations Act of 2001 than for those products that would 2945 for additional information K. Review Under Executive Order 13211 newly be covered as combination cooler L. Review Under the Information Quality regarding visiting the Resource Room. Bulletin for Peer Review refrigeration products. FOR FURTHER INFORMATION CONTACT: Mr. VII. Public Participation DATES: DOE will accept written Joseph Hagerman, U.S. Department of A. Submission of Comments comments, data, and information on this Energy, Office of Energy Efficiency and B. Issues on Which DOE Seeks Comments

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I. Statutory Authority its Btu equivalent) for any such 12- freezer), and consumer ice makers, Title III of the Energy Policy and month period. Third, a substantial would satisfy the provisions of 42 Conservation Act (EPCA or the Act), as improvement in the energy efficiency of U.S.C. 6292(b)(1). 78 FR 65223. amended (42 U.S.C. 6291 et seq.), sets products of such type (or class) is DOE published a notice of public forth various provisions designed to technologically feasible. And fourth, the meeting that also announced the improve energy efficiency. Part A of application of a labeling rule under 42 availability of a preliminary technical Title III of EPCA (42 U.S.C. 6291–6309) U.S.C. 6294 to such type (or class) is not support document (‘‘TSD’’) for MREFs established the ‘‘Energy Conservation likely to be sufficient to induce on December 3, 2014 (‘‘Preliminary Program for Consumer Products Other manufacturers to produce, and Analysis’’). 79 FR 71705. This Than Automobiles,’’ which covers consumers and other persons to preliminary analysis considered consumer products and certain purchase, covered products of such type potential standards for the products commercial products (hereafter referred (or class) that achieve the maximum proposed for coverage as MREFs in the to as ‘‘covered products’’).1 energy efficiency that is technologically SNOPD. DOE held a public meeting to EPCA specifies a list of covered feasible and economically justified. (42 discuss and receive comments on the consumer products that includes U.S.C. 6295(l)(1)) This determination preliminary analysis, which covered the refrigerators, refrigerator-freezers, and would be made prior to DOE’s setting of analytical framework, models, and tools freezers. Although EPCA did not define energy conservation standards for the that DOE used to evaluate potential any of these products, it specified that product at issue. standards; the results of preliminary the extent of DOE’s coverage would In addition, if DOE issues a final analyses performed by DOE for these apply to those refrigerator, refrigerator- determination that a given product— products; the potential energy freezers, and freezers that can be such as a miscellaneous refrigeration conservation standard levels derived operated by alternating current (AC) product or ‘‘MREF’’—is a covered from these analyses that DOE had been electricity, are not designed to be used product, DOE will consider adopting considering consistent with its without doors, and include a test procedures to measure its energy obligations under EPCA; and all other compressor and condenser as an integral efficiency and determine if the required issues raised issues that relevant to the part of the cabinet assembly. (42 U.S.C. criteria of 42 U.S.C. 6295(l)(1) are met development of energy conservation 6292(a)(1)) EPCA did not preclude or prior to setting any energy conservation standards for the different classes of otherwise foreclose the possibility that standards for that product. DOE has MREFs. other consumer refrigeration products, already started the rulemaking processes DOE also published a test procedure such as those consumer refrigeration for both the test procedures and the notice of proposed rulemaking (NOPR) 2 products addressed in this notice, could standards for MREFs. on December 16, 2014 (‘‘Test Procedure NOPR’’), that proposed establishing also be covered if they satisfy certain II. Current Rulemaking Process prerequisites. Those prerequisites, when definitions and test procedures for On November 8, 2011, DOE published met, permit the Secretary of Energy to MREFs, including the product a notice of proposed determination of classify additional types of consumer categories proposed for coverage in the coverage (NOPD) to address the products as covered products. For a SNOPD. The proposed test procedures potential coverage of consumer given product to be classified as a to be included at Title 10 of the Code refrigeration products without covered product, the Secretary must of Federal Regulations (CFR), part 430, compressors in anticipation of a determine that: subpart B, appendix A (‘‘appendix A’’) (1) Classifying the product as a rulemaking to address these and related would measure the energy efficiency, covered product is necessary for the consumer refrigeration products. 76 FR energy use, and estimated annual purposes of EPCA; and 69147. operating cost of MREFs during a (2) the average annual per-household On February 23, 2012, DOE began a representative average use period and energy use by products of such type is scoping process to set potential energy would not be unduly burdensome to likely to exceed 100 kilowatt-hours per conservation standards and test conduct, as required under 42 U.S.C. year (kWh/yr). (42 U.S.C. 6292(b)(1)) procedures for wine chillers, consumer 6293(b)(3)). 79 FR 74894. When attempting to cover additional refrigeration products that operate After reviewing the comments product types, DOE must first determine without compressors, and consumer ice received in response to both the whether these criteria from 42 U.S.C. makers by publishing a notice of public Preliminary Analysis and the Test 6292(b)(1) are met. Once they have been meeting, and providing a framework Procedure NOPR, DOE ultimately satisfied, the Secretary may set document that addressed potential determined that its efforts at developing standards for these additional products, standards and test procedure test procedures and potential energy subject to the provisions in 42 U.S.C. rulemakings for these products. 77 FR conservation standards for these 6295(o) and (p), provided that DOE 7547. products would benefit from the direct determines the four criteria of 42 U.S.C. On October 31, 2013, DOE published and comprehensive input provided 6295(l) have been met. First, the average in the Federal Register a supplemental through the negotiated rulemaking per household energy use within the notice of proposed determination of process. On April 1, 2015, DOE United States by the products of such coverage (‘‘SNOPD’’) in which it published a notice of intent to establish type (or class) exceeded 150 kilowatt- tentatively determined that MREFs, a Working Group under the Appliance hours (kWh) (or its British thermal unit which at the time included wine Standards and Rulemaking Federal (Btu) equivalent) for any 12-month chillers, non-compressor refrigeration Advisory Committee (‘‘ASRAC’’) that period ending before such products, hybrid products (i.e. would use the negotiated rulemaking determination. Second, the aggregate refrigeration products that combine a process to discuss and, if possible, reach household energy use within the United wine chiller with a refrigerator and/or consensus on the scope of coverage, States by products of such type (or definitions, test procedures, and 2 On www.regulations.gov, see docket ID EERE– proposed energy conservation standards class) exceeded 4,200,000,000 kWh (or 2011–BT–STD–0043 for information regarding the energy conservation standards rulemaking and for MREFs. 80 FR 17355. Subsequently, 1 For editorial reasons, upon codification in the docket ID EERE–2013–BT–TP–0029 for information DOE formed a Miscellaneous U.S. Code, Part B was re-designated Part A. regarding the test procedure rulemaking. Refrigeration Products Working Group

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(‘‘MREF Working Group’’ or, in context, differentiation between consumer and these products exceeds the 100 kWh/yr ‘‘the Working Group’’) to address these commercial ice makers. See Term Sheet required for coverage under EPCA. For issues. The Working Group consisted of #1. this analysis, DOE used the SNOPD 15 members, including two members Based on feedback from interested analysis as a starting point and made from ASRAC and one DOE parties and recommendations from the improvements based on more recent or representative. The MREF Working MREF Working Group, DOE is newly gathered data. Group met in-person during six sets of proposing that MREF coverage would 1. Coolers meetings held on May 4–5, June 11–12, apply only to coolers (formerly cooled July 15–16, August 11–12, September cabinets) and combination cooler DOE used market data, engineering 16–17, and October 20. refrigeration products (formerly hybrid models, and feedback from On August 11, 2015, the MREF refrigeration products). DOE is also manufacturers received under non- Working Group reached consensus on a proposing definitions for these product disclosure agreements and during the term sheet that recommended the categories. MREF Working Group meetings to relevant scope of coverage, definitions, improve the estimates of average IV. Evaluation of Miscellaneous and test procedures for MREFs. See household energy use for coolers as Refrigeration Products as Covered public docket EERE–2011–BT–STD– determined in the SNOPD. Products 0043–0113 (‘‘Term Sheet #1’’). On While the SNOPD considered October 20, 2015, the MREF Working Determining whether to treat MREFs different product categories based on Group reached consensus on a term as a covered product requires satisfying both compartment temperatures (e.g., sheet to recommend energy certain statutory criteria. As stated in cooler, refrigerator, or freezer) and conservation standards for coolers and section I of this notice, DOE may refrigeration type (e.g., vapor- combination cooler refrigeration classify a consumer product as a compression, thermoelectric, etc.), DOE products. See public docket EERE– covered product if (1) classifying has reorganized the analysis for 2011–BT–STD–0043–0111 (‘‘Term Sheet products of such type as covered consistency with the scope of coverage #2’’). ASRAC approved the term sheets products is necessary and appropriate to and product definitions recommended during open meetings on December 18, carry out the purposes of EPCA; and (2) by the MREF Working Group, as 2015, and January 20, 2016, and sent the average annual per household described in sections III and VI of this them to the Secretary of Energy. energy use by products of such type is notice, respectively. For coolers, the likely to exceed 100 kWh (or its Btu definition would incorporate products III. Scope of Coverage equivalent) per year. (42 U.S.C. regardless of refrigeration system under As discussed in the previous section, 6292(b)(1)) Additionally, to set the same product definition. However, DOE’s Test Procedure NOPR and standards for any newly covered to better account for the energy use Preliminary Analysis for MREFs were product, the average per household characteristics of these products, the consistent with the scope of coverage energy use must exceed 150 kWh (or its updated analysis separates coolers into outlined in the SNOPD. British thermal unit (Btu) equivalent) for four product categories based on In response to the feedback received any 12-month period, and the aggregate refrigerated volume and installation from interested parties on the household energy use must exceed 4.2 type. Preliminary Analysis and Test terawatt-hours (TWh) (or its Btu DOE has updated several components Procedure NOPR, the MREF Working equivalent) for any such 12-month of its energy use estimates since the Group was tasked with recommending a period. (42 U.S.C. 6295(l)(1)) SNOPD. DOE surveyed product owners scope of coverage for MREFs. To this to improve its estimate of market end, the Working Group’s Term Sheet A. Coverage Necessary or Appropriate saturation rates.3 DOE has also revised recommended that DOE drop two To Carry Out Purposes of EPCA its estimates of product lifetimes based product categories that DOE had In this document, DOE has tentatively on recommendations from the MREF initially included in its scope—non- determined that the coverage of MREFs Working Group. Finally, DOE updated compressor refrigerators and ice makers. is both necessary and appropriate to its estimates of energy consumption per For non-compressor refrigerators, the carry out the purposes of EPCA. MREFs, unit through feedback from Working Group members were unaware which comprise a small but significant manufacturers, the MREF Working of the existence of such products and and growing sector of the consumer Group, the Association of Home concluded that the non-compressor refrigeration market, consume energy Appliance Manufacturers,4 as well as products that do exist would be generated from limited energy supplies product information available on considered coolers (formerly ‘‘cooled and regulating their energy efficiency manufacturer and retailer Web sites. cabinets’’) under the definitions would be likely to help conserve these Table IV.1 shows the estimated recommended by the MREF Working limited energy supplies. Accordingly, annual energy use for each type of Group. Accordingly, it recommended establishing standards for these cooler. DOE found that across all cooler dropping the non-compressor products falls squarely within EPCA’s product types, coolers have an average refrigerator product category since they purposes to: (1) Conserve energy lifetime of over 10 years, and an average would already be covered as coolers. supplies through energy conservation annual energy consumption of 440 kWh For ice makers, the Working Group programs; and (2) provide for improved per household. made two observations. First, the energy efficiency of major appliances Working Group noted that ice makers and certain other consumer products. 3 See J. B. Greenblatt et al. U.S. Residential are fundamentally different from the Miscellaneous Refrigeration Products: Results from (42 U.S.C. 6201) Amazon Mechanical Turk Surveys. 2014. Lawrence other product categories considered as B. Energy Use Estimates Berkeley National Laboratory: Berkeley, CA. (Report MREFs, as emphasized by DOE’s No. LBNL–6537E) and S. M. Donovan, S. J. Young proposal to create a separate test DOE estimated the average household and J. B. Greenblatt. Ice-Making in the U.S.: Results procedure for them. Second, the energy use for MREFs—coolers and from an Amazon Mechanical Turk Survey. 2015. Lawrence Berkeley National Laboratory: Berkeley, Working Group noted that ice makers combination cooler refrigeration CA. (Report No. LBNL–183899). are currently covered as commercial products—to determine if the average 4 See Docket No. EERE–2011–BT–STD–0043– equipment and there is no clear annual per-household energy use of 0106.

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TABLE IV.1—COOLERS ESTIMATED ANNUAL ENERGY USE

Product type Units Totals or Compact FS * Compact BI * FS * BI * averages

Average Energy Consump- kWh/year ...... 450 250 370 340 440 tion (per unit). Stock ...... Units, 2014 ...... 14,500,000 55,000 610,000 120,000 15,300,000 National Energy Consump- TWh/year ...... 6.5 0.014 0.23 0.042 6.8 tion. Average Lifetime ...... years ...... 10.3 10.3 17.4 17.4 10.6 Annual Sales ...... Units, 2014 ...... 1,400,000 5,400 35,000 7,100 1,460,000 Saturation ...... % ...... 12.6 0.05 0.5 0.1 * FS = Freestanding, BI = Built-in.

2. Combination Cooler Refrigeration III and VI of this notice, respectively. revised its estimates of product lifetimes Products The updated combination cooler based on recommendations from the DOE used market data, engineering refrigeration product definition removes MREF Working Group. Finally, DOE models, and feedback from the 50-percent cooler compartment updated its estimates of energy manufacturers received under non- volume requirement that was needed for consumption per unit through disclosure agreements and during the a product to be considered a manufacturer and MREF Working MREF Working Group meetings to combination cooler refrigeration Group-member feedback and an improve the estimates of average product in the SNOPD. The updated examination of more recent product household energy use for combination analysis reflects additional products information available on manufacturer cooler refrigeration products as being included under the ‘‘combination and retailer Web sites. determined in the SNOPD. cooler refrigeration products’’ Table IV.2 shows the estimated Similar to the updated coolers definition. annual energy use for each type of analysis in this notice, DOE revised its DOE has updated several components combination cooler refrigeration combination cooler refrigeration of its combination cooler refrigeration product. DOE found that across product product analysis consistent with the product energy use estimates since types, these products have an average scope of coverage and product publication of the SNOPD. DOE updated lifetime of about 12.6 years, and an definitions recommended by the MREF its estimate of annual shipments based average annual energy consumption of Working Group, as described in sections on manufacturer feedback. DOE has also 222 kWh per household.

TABLE IV.2—COMBINATION COOLER REFRIGERATION PRODUCTS ANNUAL ENERGY USE

Product type * Units Totals or C3A–BI C9–BI C13A C13A–BI averages

Average Energy Consump- kWh/year ...... 210 280 210 220 220 tion (per unit). Stock ...... Units, 2014 ...... 70,000 70,000 160,000 120,000 430,000 National Energy Consump- TWh/year ...... 0.015 0.019 0.035 0.027 0.095 tion. Average Lifetime ...... years ...... 17.4 17.4 10.3 10.3 12.6 Annual Sales ...... Units, 2014 ...... 4,000 4,000 16,000 12,000 36,000 Saturation ...... 0.06% 0.06% 0.14% 0.11% Product types for combination cooler refrigeration products are based on the product class of refrigerator, refrigerator-freezer, or freezer that the product would be categorized under if it did not have a cooler compartment.

3. Conclusions annual national energy use of these would be considered as MREFs: Cooled products is 6.9 TWh, which exceeds the cabinets, non-compressor refrigerators, Based upon its evaluations of coolers 4.2 TWh minimum threshold. hybrid refrigerators, and ice makers. and combination cooler refrigeration Accordingly, these data indicate that DOE proposed to define ‘‘cooled products, DOE has developed estimates MREFs appear to satisfy at least two of cabinets’’ as products that maintain of their annual energy use. These the four criteria required by EPCA in internal temperatures warmer than estimates indicate that these products, order to establish energy conservation refrigerators; ‘‘non-compressor on average, consume significantly more standards for a product that the refrigerators’’ as products that otherwise than 100 kWh annually. Therefore, DOE Secretary chooses to add for regulatory meet the existing refrigerator definition, has tentatively determined that the coverage. See 42 U.S.C. 6295(l)(1)(A)– but do not use vapor-compression average annual per household energy (D). refrigeration; ‘‘hybrid refrigeration use for MREFs is likely to exceed the products’’ as products with a warm- 100 kWh/yr threshold set by EPCA V. Product Definitions temperature (i.e. a temperature lower needed to classify a product as covered. Consistent with the SNOPD, the Test than the ambient, but warmer than that Moreover, DOE has determined that Procedure NOPR laid out potential which is used to safely store fresh food) MREFs on average consume more than definitions for the following four compartment (e.g., a wine chiller) 150 kWh/yr, and that the aggregate product categories that DOE indicated combined with a fresh food and/or

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freezer compartment, with the warm- are warmer than the 39 degrees FSI also commented that the proposed temperature compartment comprising at Fahrenheit (°F) threshold established for category for non-compressor least 50 percent of the product’s total refrigerators, as determined in a 72 °F refrigerators was overly-broad. It refrigerated volume; and ‘‘ice makers’’ ambient temperature. 79 FR 74894, stressed that there are two main as consumer products designed to 74901–74902 (Dec. 16, 2014). This purposes for non-compressor units: One automatically produce and harvest ice proposal was based on the premise that is to serve as a low-price compact wine that would not be considered any of the such a product would adequately cellar or dormitory cooler, and the other other consumer refrigeration products capture items such as beverage centers is for use in special markets such as (e.g., refrigerator-freezer or freezer). DOE and wine coolers, which typically camping or truck refrigerators. It noted also proposed amending the existing operate above these temperatures. that these units should not have the ‘‘refrigerator,’’ ‘‘refrigerator-freezer,’’ The MREF Working Group term sheet same regulations as currently in effect and ‘‘freezer’’ product definitions for (i.e., Term Sheet #1) contained a for compressor units and instead, any consistency and to improve their clarity recommendation that DOE revise this thermoelectric product with a volume when viewed in conjunction with the term from ‘‘cooled cabinet’’ to ‘‘cooler’’ less than 1 cubic foot should be exempt proposed MREF definitions. 79 FR and incorporate a number of other from regulation so that these products 74894, 74899–74904 (Dec. 16, 2014). changes to the proposed definition. The can continue to be marketed. Also, FSI The MREF Working Group Working Group recommended that stated that DOE should exempt units subsequently discussed how and compartment temperatures be without permanently attached power whether to define the various terms determined during operation in a 90 °F cords for 110-volt operation—such as related to MREFs. The Working Group ambient temperature to maintain car or truck refrigerators—that use a 12- ultimately reached a consensus that is consistency with the test conditions volt default power cord. (FSI, No. 15 at reflected in Term Sheet #1’s used for other refrigeration products. pp. 4–5) recommendations, which included The Working Group also recommended As described in section III of this dropping DOE’s proposed definitions excluding products designed to be used document, DOE is not proposing for non-compressor refrigerators and ice without doors, consistent with the separate coverage for non-compressor makers, updating the terms used to exclusions DOE had proposed for the freezers or non-compressor refrigerators describe the covered MREF product refrigerator, refrigerator-freezer, and as MREFs. DOE does not agree with categories based on the discussions and freezer definitions in the Test Procedure FSI’s characterization above. Further, analyses conducted during the Working NOPR. See 79 FR 74894 at 74900 (Dec. DOE is unaware of any non-compressor Group meetings, revising the proposed 16, 2014). The purpose of the exclusion products capable of maintaining MREF product definitions, and would be to differentiate between refrigerator or freezer compartment amending the existing definitions for consumer products and commercial temperatures as proposed in this refrigerators, refrigerator-freezers, and equipment (i.e., products designed for document (i.e., the compartment freezers to ensure consistency with the use without doors are commercial temperatures determined during recommended MREF definitions. See equipment rather than consumer operation in a 90 °F ambient Term Sheet #1. products, consistent with the statutory temperature as measured by appendix Consistent with these coverage of refrigerators, refrigerator- A). DOE expects that the products FSI recommendations, DOE is proposing freezers, and freezers). The Working identified as capable of freezing ice new or amended definitions for the Group further recommended the cubes do so either during operation at relevant product definitions that would requirement that coolers operate on lower ambient temperatures or in a be added to the Code of Federal single-phase, alternating current rather localized portion of the refrigerated Regulations (CFR) at 10 CFR 430.2. DOE than simply specifying operation with compartment while the overall average is proposing new definitions for MREFs electric energy input. This approach compartment temperature would be to clearly delineate which products would exclude those products designed higher than the range required to be would fall within the scope of coverage for direct current or 3-phase power considered a refrigerator. If true, DOE for MREFs and within which MREF expects these products to fall under the product categories. DOE is also supplies, which would likely apply to cooler definition as proposed in this proposing similar conforming products intended for use in mobile or document instead of the refrigerator or amendments to the existing definitions commercial applications, respectively. freezer definitions because those for refrigerators, refrigerator-freezers, See Term Sheet #1. Consistent with this approach, DOE is products would need to be capable of and freezers for consistency with the proposing to define cooler using the achieving the compartment proposed MREF definitions. The definition for cooled cabinet proposed temperatures as measured by appendix proposed amendments are intended to in the Test Procedure NOPR—but A. eliminate confusion with the proposed updated to reflect the Working Group’s Rather, all non-compressor products MREF definitions, and would not affect recommendations. would be considered coolers under the the scope of coverage under the existing In response to the definitions proposed definitions in this document. refrigerator, refrigerator-freezer, and proposed in the Test Procedure NOPR, Further, DOE is proposing that the freezer definitions, other than for those Felix Storch, Inc. (‘‘FSI’’) commented cooler definition include the Working products that would be covered under that it is not aware of any non- Group’s recommended requirement that DOE’s proposed determination as compressor freezers, but it is aware of coolers operate on single-phase, combination cooler refrigeration non-compressor refrigerators that are alternating current, which would products. able to have a very small portion of their exclude products designed for direct A. Coolers volume at a temperature cold enough to current power supplies, such as those 5 In the Test Procedure NOPR, DOE freeze ice cubes. (FSI, No. 15 at p. 1) mobile products equipped with a 12- proposed to define a ‘‘cooled cabinet’’ as 5 A notation in the form ‘‘FSI, No. 15 at p. 1’’ rulemaking for miscellaneous refrigeration products a product operating using only electric identifies a written comment: (1) Made by Felix (Docket No. EERE–2013– BT–TP–0029) and energy input but is not a ‘‘refrigerator’’ Storch, Inc. (FSI); (2) recorded in document number available for review at www.regulations.gov; and (3) because its compartment temperatures 15 that is filed in the docket of the test procedure which appears on page 1 of document number 15.

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volt power cord. DOE also notes that 79 FR 74894, 74903–74904 (Dec. 16, products that are consistent with the non-compressor refrigeration products 2014). non-combination cooler product would not be subject to the current The MREF Working Group discussed definitions (e.g., refrigerator, energy conservation standards in place the proposed definition and refrigerator-freezer, etc.) with the for refrigerators, refrigerator-freezers, or recommended that DOE revise the term additional requirement that they freezers because the coverage of those from ‘‘hybrid refrigeration product’’ to include multiple compartments, at least products applies to products equipped ‘‘combination cooler refrigeration one of which is a cooler compartment. with a compressor and condenser-based product,’’ noting that this term more The Working Group also recommended refrigeration system. clearly describes the product category. that the combination cooler refrigeration In addition, FSI argued that The Working Group also recommended product definitions not exclude non- absorption refrigerators should not be that DOE refer to the warmer compressor products. See Term Sheet regulated. In its view, regulating these compartment within combination cooler #1. products may make them too expensive refrigeration products as a ‘‘cooler DOE agrees with the for hotels to afford them and leave them compartment,’’ defined by the same recommendations made by the MREF with no viable option. FSI also argued temperature ranges as recommended for Working Group, since the four product that the absorption refrigeration product coolers described in section V.A of this categories offer specific and unique market is so small that DOE should document. The MREF Working Group consumer utility. In contrast, in DOE’s conduct an additional DOE survey to recommended that DOE remove its view, refrigeration technology determine if these products have a proposed approach, which followed (compressor-based or non-compressor) market large enough to warrant DOE’s guidance that cooler alone does not appear to offer any regulation. (FSI, No. 15 at p. 5) Because compartments must make up at least 50 special utility to consumers that would DOE is no longer proposing a separate percent of a combination cooler affect their interaction with the product definition for non-compressor refrigeration product’s total volume. The when using it for its intended purpose refrigerators, absorption refrigerators Working Group noted that all products (e.g., cool storage of beverages). would not be separately regulated as with cooler compartments would likely Therefore, DOE is proposing definitions non-compressor refrigerators under the be used in the same way, and that the for ‘‘combination cooler refrigeration proposed MREF coverage. However, 50-percent threshold was an arbitrary product,’’ ‘‘cooler-refrigerator,’’ ‘‘cooler- they likely would fall under the cutoff. The Working Group further refrigerator-freezer,’’ and ‘‘cooler- proposed cooler definition, and, if so, recommended that DOE exclude freezer’’ consistent with the definitions would be subject to any future energy products designed for use without doors recommended in the Working Group’s from the combination cooler term sheet. Although DOE is not conservation standards established for refrigeration product definitions for the currently aware of any non-compressor coolers. same reasons discussed for coolers (i.e., combination cooler refrigeration In addition to the cooler definition differentiating between commercial products currently available on the recommended in Term Sheet #1, the equipment and consumer products). See market, DOE is proposing that non- MREF Working Group recommended Term Sheet #1. compressor products would be covered that DOE establish definitions within DOE agrees with the MREF Working under the combination cooler the cooler product category based on Group recommendations and the refrigeration product definitions to total refrigerated volume and Working Group’s reasoning behind each ensure that if any become available on installation type. The Working Group of them and is proposing to incorporate the market in the future, they would be recommended a ‘‘compact’’ designation the suggested changes into the considered covered products, consistent for products with total refrigerated combination cooler refrigeration with the Working Group’s volumes of less than 7.75 cubic feet. The product definitions. recommendation. Working Group also recommended that In response to the Test Procedure In this document, DOE also refers to DOE differentiate ‘‘built-in’’ from NOPR, FSI commented on the proposed the term ‘‘cooler compartment.’’ DOE ‘‘freestanding products’’ by using definition of a hybrid product, stating intends to define this term as part of the definitions based on those already in that for compact units, if there is no separate MREF test procedure place for built-in refrigerators, freezer or ice cube section, then the rulemaking. refrigerator-freezers, and freezers. See entire product should be treated as a Term Sheet #1. wine cellar. (FSI, No. 15 at p. 3) DOE C. Refrigerators, Refrigerator Freezers, Consistent with these notes that a product with a single and Freezers recommendations, DOE is proposing compartment that is not a freezer would As discussed in the Test Procedure definitions within the cooler definition be classified as either a cooler or NOPR, DOE proposed amendments to based on refrigerated volume and refrigerator, depending on what the refrigerator, refrigerator-freezer, and configuration, consistent with the same compartment temperatures the product freezer product definitions to create a requirements and definitions currently maintains, rather than a combination consistent structure with the proposed in place for refrigerators, refrigerator- cooler refrigeration product based on MREF definitions and to improve the freezers, and freezers. the definitions proposed in this clarity of the distinctions among the document. different definitions. 79 FR 74894, B. Combination Cooler Refrigeration In addition to the general combination 74899–74901 (Dec. 16, 2014). DOE did Products cooler refrigeration product not propose to redefine the scope of In the Test Procedure NOPR, DOE requirements, the MREF Working Group coverage for refrigerators, refrigerator- proposed that the term ‘‘hybrid recommended that DOE define four freezers, and freezers, or to amend the refrigeration product’’ would refer to product categories of combination definitions in a manner that would products equipped with a warm- cooler refrigeration products, including: affect how a currently covered product temperature compartment (e.g., a wine ‘‘cooler-refrigerator,’’ ‘‘cooler- would be classified (other than for chiller), making up at least 50 percent refrigerator-freezer,’’ and ‘‘cooler- coverage of combination cooler of a product’s volume, combined with a freezer.’’ The Working Group refrigeration products as MREFs). The fresh food and/or freezer compartment. recommended definitions for these proposed amendments to the definitions

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for these products would establish consumer and commercial products. See of this notice for coolers, the exclusion consistency with the proposed MREF Term Sheet #1. for products designed to be used definitions and were intended to After further examining this issue, without doors is intended to improve the definitions’ clarity and DOE is proposing the following changes differentiate between consumer ensure no potential overlap between the to the existing definitions for products and commercial equipment definitions of these products and refrigerator, refrigerator-freezer, and (i.e., products designed to be used MREFs. freezer. without doors would be commercial). In response to the Test Procedure First, DOE is proposing to revise the DOE’s proposed approach would clarify NOPR, FSI commented that it would current definitions for ‘‘refrigerator’’ and that products without a compressor and remove confusion to categorize all- ‘‘refrigerator-freezer’’ and to eliminate condenser unit would be excluded from refrigerators with absolutely no freezer the redundant terms ‘‘electric the refrigerator, refrigerator-freezer, and compartments as cooled cabinets. (FSI, refrigerator’’ and ‘‘electric refrigerator- freezer definitions because this No. 15 at pp. 2–3) Based on the freezer’’ from 10 CFR 430.2. exclusion is included in the EPCA proposed definitions for coolers Second, DOE is proposing to remove provisions that establish coverage for discussed in section V.A of this notice, the phrase, ‘‘designed to be capable of these products. (42 U.S.C. 6292(a)(1)) and the proposed definition of achieving [the specified temperature],’’ Finally, DOE notes that the definition refrigerator described below, DOE notes with ‘‘capable of maintaining for refrigerator-freezer requires that at that a product without a freezer compartment temperatures at [the least one compartment has attributes compartment would be classified as specified temperature],’’ and that this consistent with a fresh food either a cooler or refrigerator based on temperature condition would be based compartment and that at least one its compartment operating temperature. on operation in a 90 °F ambient compartment has attributes consistent Because refrigerators and coolers offer temperature. As described in the Test with a freezer compartment. DOE is different product utilities (i.e., different Procedure NOPR, this change would proposing to clarify that the same storage temperatures) that affect energy help ensure that product classification compartment could not satisfy both of consumption, DOE believes separate would be definitively determined these requirements in a refrigerator- product definitions and coverage are through testing and would rely on the freezer. appropriate. product’s actual capability to serve its Similar to the intent of the Test FSI also commented that the intended purpose rather than relying on Procedure NOPR, with the exception of definition for a refrigerator should be the design intent of the manufacturer. those products that would be covered as changed to ‘‘all-refrigerator’’ to specify Third, DOE is proposing to remove combination cooler refrigeration that the product has no freezer the current reference to the ‘‘storage of products under this proposal, DOE is compartment and the definition for food’’ and ‘‘freezing and storage of food’’ not proposing to redefine the scope of refrigerator-freezer should be ‘‘any from the product definitions to ensure coverage for refrigerators, refrigerator- cabinet that has a separate compartment accurate product classification and more freezers, and freezers, or to amend the for fresh food (39 °F or colder) and effective enforcement of energy definitions in a manner that would frozen food or ice, whether or not there conservation standards. Similarly, and affect how a currently covered product is a single door or multiple doors.’’ (FSI, consistent with the proposed change would be classified. The proposed No. 15 at pp.4–5) As described earlier in described in the previous paragraph, amendments to the definitions for these this section, the proposed amendments DOE is proposing to amend the products would establish a similar to the refrigerator, refrigerator-freezer, references to freezer compartments structure with the proposed MREF and freezer definitions were not within the refrigerator and refrigerator- definitions. The proposed definitions intended to change the scope of freezer definitions. The current are intended to improve clarity and coverage for those products, other than definitions describe a freezer ensure no potential overlap between the for combination cooler refrigeration compartment as a compartment definitions of refrigerators, refrigerator- products, but were intended to improve designed for the freezing and storage of freezers, and freezers, and MREFs. clarity. The recommended amendment food at temperatures below 8 °F which would have the potential to change the may be adjusted by the user to a D. General Terms for the Groups of classification of certain other products temperature of 0 °F or below. DOE is Products Addressed in This Document currently covered as refrigerators. proposing to amend the definitions to In the Test Procedure NOPR, DOE The MREF Working Group generally refer only to a compartment capable of proposed to define ‘‘miscellaneous agreed with the revisions proposed in maintaining compartment temperatures refrigeration product’’ as a consumer the Test Procedure NOPR, but of 0 °F or below to limit any ambiguity refrigeration product other than a recommended that compartment regarding what would be considered a refrigerator, refrigerator-freezer, or temperatures be determined during freezer compartment. DOE notes that the freezer, which includes hybrid operation in a 90 °F ambient instead of MREF Working Group’s definitions refrigeration products, cooled cabinets, 72 °F, as discussed for coolers in section recommended in Term Sheet #1 non-compressor refrigerators, and ice V.A of this notice. The Working Group included the reference to 8 °F; however, makers. DOE also proposed to define also recommended that DOE remove the DOE expects that its proposal to ‘‘consumer refrigeration product’’ as a proposed exclusion for products eliminate this reference is consistent refrigerator, refrigerator-freezer, freezer, certified to American National with the Working Group’s intent for the or miscellaneous refrigeration product. Standards Institute (ANSI)/NSF product definitions. 79 FR 74894, 74904 (Dec. 16, 2014). International (NSF) 7–2009 Fourth, DOE is proposing to treat FSI stated that DOE could easily International Standard for Food products designed to be used without clarify a consumer refrigeration product Equipment—Commercial Refrigerators doors, and/or that do not include a based on the norms it can easily verify, and Freezers or ANSI/UL LLC (UL) 471– compressor and condenser unit as an such as the fact 90 percent of the 2006 Standard for Commercial integral part of the cabinet assembly, as refrigerator-freezers sold in the U.S. Refrigerators and Freezers, noting that commercial equipment and, therefore, have a volume of 14 cubic feet or more, these certifications do not necessarily would be excluded from these product with the remainder mostly made up of provide a clear distinction between definitions. As discussed in section V.A dormitory (5 percent) or apartment (4

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percent) sizes. It stated that a simple new requirements would result from the C. Review Under the Paperwork definition would allow DOE to cover 98 proposals contained in this document. Reduction Act of 1995 to 99 percent of the market and allow Accordingly, this proposed action was This proposed determination that special markets to have suitable not subject to review under the MREFs meet the criteria for a covered products. (FSI, No. 15 at p. 1) Executive Order by the Office of product for which the Secretary may DOE notes that its definitions are Information and Regulatory Affairs prescribe an energy conservation intended to provide clear differentiation (OIRA) in the OMB. while avoiding subjective standard, pursuant to 42 U.S.C. 6295(o) determinations for what would be B. Review Under the Regulatory and (p), imposes no new information or covered. Although the product types Flexibility Act record-keeping requirements. Neither mentioned in the FSI comment make up would any aspect of the proposal most of the consumer refrigeration The Regulatory Flexibility Act (5 impose such requirements. Accordingly, market, there are no established U.S.C. 601 et seq., as amended by the OMB clearance is not required under definitions for each subset of products Small Business Regulatory Enforcement the Paperwork Reduction Act. (44 that would fall under the proposed Fairness Act of 1996) requires U.S.C. 3501 et seq.) consumer refrigeration product preparation of a regulatory flexibility D. Review Under the National definition, leaving DOE in the position analysis for any rule that, by law, must Environmental Policy Act of 1969 of developing more specific definitions. be proposed for public comment, unless In this notice, DOE proposes to DOE has already established detailed the agency certifies that the rule, if positively determine that MREFs (as definitions to address refrigerators, promulgated, will not have a significant refrigerator-freezers, and freezers, and is proposed to be defined in this economic impact on a substantial document) meet the criteria for proposing additional definitions for number of small entities. A regulatory coolers and combination cooler classification as covered products and flexibility analysis examines the impact that future energy conservation refrigeration products. DOE is proposing of the rule on small entities and to refer to these products collectively as standards may be warranted to regulate considers alternative ways of reducing their energy usage. Should DOE pursue consumer refrigeration products. negative effects. Also, as required by The MREF Working Group that option, the relevant environmental E.O. 13272, ‘‘Proper Consideration of recommended that DOE maintain the impacts would be explored as part of Small Entities in Agency Rulemaking’’ definitions for miscellaneous that rulemaking. As a result, DOE has refrigeration product and consumer 67 FR 53461 (Aug. 16, 2002), DOE determined that this proposed action refrigeration product, but to update published procedures and policies on falls into a class of actions that are them to reflect the more current product February 19, 2003 to ensure that the categorically excluded from review terminology and to remove references to potential impact of its rules on small under the National Environmental non-compressor refrigerators and ice entities are properly considered during Policy Act of 1969 (42 U.S.C. 4321 et makers. See Term Sheet #1. the DOE rulemaking process. 68 FR seq.) and DOE’s implementing DOE is proposing to define the terms 7990 (Feb. 19, 2003). DOE makes its regulations at 10 CFR part 1021. ‘‘miscellaneous refrigeration product’’ procedures and policies available on the Specifically, this proposed action would and ‘‘consumer refrigeration product’’ Office of the General Counsel’s Web site establish a class of products (MREFs) for consistent with the recommended at http://energy.gov/gc/office-general- which energy conservation standards updates from the MREF Working Group. counsel. would be appropriate. However, this In DOE’s view, these proposed changes proposed action would not establish DOE reviewed this proposed energy conservation standards, and, will better reflect the recommended determination and proposal under the approach detailed in the Working therefore, would not result in any provisions of the Regulatory Flexibility Group’s recommendations to help environmental impacts. Thus, this Act and the policies and procedures ensure their clarity with respect to the action is covered by Categorical other proposed definitions discussed in published on February 19, 2003. If Exclusion A6 ‘‘Procedural rulemakings’’ this document. adopted, this proposed determination under 10 CFR part 1021, subpart D. and proposal would set no standards; it Accordingly, neither an environmental VI. Procedural Issues and Regulatory would only positively determine that assessment nor an environmental Review future standards may be warranted and impact statement is required. should be explored in an energy DOE has reviewed its supplemental E. Review Under Executive Order 13132 proposed determination of coverage for conservation standards and test MREFs under the following executive procedure rulemaking. Economic Executive Order (E.O.) 13132, orders and acts. impacts on small entities would be ‘‘Federalism’’ 64 FR 43255 (Aug. 10, 1999), imposes certain requirements on A. Review Under Executive Order 12866 considered in the context of such rulemakings. On the basis of the agencies formulating and implementing The Office of Management and Budget foregoing, DOE certifies that the policies or regulations that preempt (OMB) has determined that coverage proposed determination, if adopted, has State law or that have Federalism determination rulemakings do not implications. The Executive Order no significant economic impact on a constitute ‘‘significant regulatory requires agencies to examine the substantial number of small entities. actions’’ under section 3(f) of Executive constitutional and statutory authority Accordingly, DOE has not prepared a Order 12866, Regulatory Planning and supporting any action that would limit Review, 58 FR 51735 (Oct. 4, 1993). regulatory flexibility analysis for this the policymaking discretion of the Additionally, the definitions proposed proposed determination and proposal. States and to assess carefully the in this document would clarify the DOE will transmit this certification and necessity for such actions. The definitions of certain specific products supporting statement of factual basis to Executive Order also requires agencies already regulated by DOE and those the Chief Counsel for Advocacy of the to have an accountable process to products that are under consideration Small Business Administration for ensure meaningful and timely input by for potential regulatory coverage. No review under 5 U.S.C. 605(b). State and local officials in developing

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regulatory policies that have Federalism G. Review Under the Unfunded with Constitutionally Protected Property implications. On March 14, 2000, DOE Mandates Reform Act of 1995 Rights’’ 53 FR 8859 (Mar. 15, 1988), published a statement of policy Title II of the Unfunded Mandates DOE determined that this proposed describing the intergovernmental Reform Act of 1995 (UMRA) (Pub. L. determination and proposal would not consultation process that it will follow 104–4, codified at 2 U.S.C. 1501 et seq.) result in any takings that might require compensation under the Fifth in developing such regulations. 65 FR requires each Federal agency to assess Amendment to the U.S. Constitution. 13735 (Mar. 14, 2000). DOE has the effects of Federal regulatory actions examined this proposed determination on State, local, and tribal governments J. Review Under the Treasury and and proposal. On the basis of this and the private sector. For regulatory General Government Appropriations examination, DOE concludes that the actions likely to result in a rule that may Act of 2001 action proposed in this document cause expenditures by State, local, and The Treasury and General would not preempt State law or have Tribal governments, in the aggregate, or Government Appropriation Act of 2001 substantial direct effects on the States, by the private sector of $100 million or (44 U.S.C. 3516, note) requires agencies on the relationship between the Federal more in any 1 year (adjusted annually to review most disseminations of government and the States, or on the for inflation), section 202 of UMRA information they make to the public distribution of power and requires a Federal agency to publish a under guidelines established by each responsibilities among the various written statement that estimates the agency pursuant to general guidelines levels of government. EPCA governs and resulting costs, benefits, and other issued by the OMB. The OMB’s prescribes Federal preemption of State effects on the national economy. (2 guidelines were published at 67 FR regulations as to energy conservation for U.S.C. 1532(a) and (b)) UMRA requires 8452 (Feb. 22, 2002), and DOE’s the product that is the subject of this a Federal agency to develop an effective guidelines were published at 67 FR proposed determination and proposal. process to permit timely input by 62446 (Oct. 7, 2002). DOE has reviewed States can petition DOE for exemption elected officers of State, local, and tribal this proposed determination and from such preemption to the extent governments on a proposed ‘‘significant proposal under the OMB and DOE permitted, and based on criteria, set intergovernmental mandate.’’ UMRA guidelines and has concluded that they forth in EPCA. (42 U.S.C. 6297) No also requires an agency plan for giving are consistent with applicable policies further action is required by E.O. 13132. notice and opportunity for timely input in those guidelines. to small governments that may be F. Review Under Executive Order 12988 potentially affected before establishing K. Review Under Executive Order 13211 E.O. 13211, ‘‘Actions Concerning With respect to the review of existing any requirement that might significantly or uniquely affect them. On March 18, Regulations That Significantly Affect regulations and the promulgation of 1997, DOE published a statement of Energy Supply, Distribution, or Use,’’ 66 new regulations, section 3(a) of E.O. policy on its process for FR 28355 (May 22, 2001), requires 12988, ‘‘Civil Justice Reform’’ 61 FR intergovernmental consultation under Federal agencies to prepare and submit 4729 (Feb. 7, 1996), imposes on Federal UMRA. 62 FR 12820 (Mar. 18, 1997). to OMB a Statement of Energy Effects agencies the duty to: (1) Eliminate (This policy also is available at http:// for any proposed significant energy drafting errors and ambiguity; (2) write energy.gov/gc/office-general-counsel). action. A ‘‘significant energy action’’ is regulations to minimize litigation; (3) DOE reviewed this proposed defined as any action by an agency that provide a clear legal standard for determination pursuant to these existing promulgates a final rule or is expected affected conduct rather than a general authorities and its policy statement and to lead to promulgation of a final rule, standard; and (4) promote simplification determined that the proposed and that: (1) Is a significant regulatory and burden reduction. Section 3(b) of determination and proposal contain action under E.O. 12866, or any E.O. 12988 specifically requires that neither an intergovernmental mandate successor order; and (2) is likely to have Executive agencies make every nor a mandate that may result in the a significant adverse effect on the reasonable effort to ensure that the expenditure of $100 million or more in supply, distribution, or use of energy; or regulation specifies the following: (1) any year, so the UMRA requirements do (3) is designated by the Administrator of The preemptive effect, if any; (2) any not apply. the Office of Information and Regulatory effect on existing Federal law or Affairs (OIRA) as a significant energy regulation; (3) a clear legal standard for H. Review Under the Treasury and action. For any proposed significant affected conduct while promoting General Government Appropriations energy action, the agency must give a simplification and burden reduction; (4) Act of 1999 detailed statement of any adverse effects the retroactive effect, if any; (5) Section 654 of the Treasury and on energy supply, distribution, or use if definitions of key terms; and (6) other General Government Appropriations the proposal is implemented, and of important issues affecting clarity and Act of 1999 (Pub. L. 105–277) requires reasonable alternatives to the proposed general draftsmanship under any Federal agencies to issue a Family action and their expected benefits on guidelines issued by the Attorney Policymaking Assessment for any rule energy supply, distribution, and use. General. Section 3(c) of E.O. 12988 that may affect family well-being. This DOE has concluded that this requires Executive agencies to review proposed determination and proposal regulatory action proposing to establish regulations in light of applicable would not have any impact on the or amend certain definitions and to standards in sections 3(a) and 3(b) to autonomy or integrity of the family as determine that MREFs meet the criteria determine whether these standards are an institution. Accordingly, DOE has for a covered product for which the met, or whether it is unreasonable to concluded that it is not necessary to Secretary may prescribe an energy meet one or more of them. DOE prepare a Family Policymaking conservation standard pursuant to 42 completed the required review and Assessment. U.S.C. 6295(o) and (p) would not have determined that, to the extent permitted a significant adverse effect on the by law, this proposed determination and I. Review Under Executive Order 12630 supply, distribution, or use of energy. proposal meet the relevant standards of Pursuant to E.O. 12630, This action is also not a significant E.O. 12988. ‘‘Governmental Actions and Interference regulatory action for purposes of E.O.

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12866, and the OIRA Administrator has According to 10 CFR part 1004.11, After the expiration of the period for not designated this determination as a any person submitting information that submitting written statements, the significant energy action under E.O. he or she believes to be confidential and Department will consider all comments 12866 or any successor order. Therefore, exempt by law from public disclosure and additional information that is this proposed determination and should submit two copies: One copy of obtained from interested parties or proposal do not comprise a significant the document should have all the through further analyses, and it will energy action. Accordingly, DOE has not information believed to be confidential prepare a final determination. If DOE prepared a Statement of Energy Effects. deleted. DOE will make its own determines that MREFs qualify as determination as to the confidential covered products, DOE will consider the L. Review Under the Information status of the information and treat it development of a test procedure and Quality Bulletin for Peer Review according to its determination. energy conservation standards for On December 16, 2004, OMB, in Factors of interest to DOE when MREFs. In this regard, DOE notes that consultation with the Office of Science evaluating requests to treat submitted it has already proposed a test procedure and Technology Policy (OSTP), issued information as confidential include (1) a that would address these products and its Final Information Quality Bulletin description of the items; (2) whether completed a substantial amount of work for Peer Review (the Bulletin). 70 FR and why such items are customarily related to potential energy conservation 2664 (Jan. 14, 2005). The Bulletin treated as confidential within the standards for them. Members of the establishes that certain scientific industry; (3) whether the information is public will be given an opportunity to information shall be peer reviewed by generally known or available from submit written and oral comments on qualified specialists before it is public sources; (4) whether the any proposed test procedure and disseminated by the Federal information has previously been made standards. government, including influential available to others without obligations scientific information related to agency concerning its confidentiality; (5) an List of Subjects in 10 CFR Part 430 regulatory actions. The purpose of the explanation of the competitive injury to Administrative practice and Bulletin is to enhance the quality and the submitting persons which would procedure, Confidential business credibility of the Government’s result from public disclosure; (6) a date information, Energy conservation, scientific information. DOE has after which such information might no Reporting and recordkeeping determined that the analyses conducted longer be considered confidential; and requirements. for the regulatory action discussed in (7) why disclosure of the information Issued in Washington, DC, on February 26, this document do not constitute would be contrary to the public interest. 2016. ‘‘influential scientific information,’’ B. Issues on Which DOE Seeks David T. Danielson, which the Bulletin defines as ‘‘scientific Comments Assistant Secretary, Energy Efficiency and information the agency reasonably can Renewable Energy. determine will have or does have a clear DOE welcomes comments on all aspects of this proposed determination. For the reasons stated in the and substantial impact on important preamble, DOE proposes to amend part public policies or private sector DOE is particularly interested in receiving comments from interested 430 of chapter II of title 10, Code of decisions.’’ 70 FR 2667 (Jan. 14, 2005). Federal Regulations as set forth below: The analyses were subject to pre- parties on the following issues related to dissemination review prior to issuance the proposed determination for MREFs PART 430—ENERGY CONSERVATION of this rulemaking. detailed in this document: PROGRAM FOR CONSUMER (1) The proposed scope of coverage DOE will determine the appropriate PRODUCTS level of review that would apply to any for MREFs; future rulemaking to establish energy (2) The proposed definitions for ■ 1. The authority citation for part 430 conservation standards for MREFs. MREFs and the various individual continues to read as follows: product categories; VII. Public Participation (3) The calculations and Authority: 42 U.S.C. 6291–6309; 28 U.S.C. accompanying values for household and 2461 note. A. Submission of Comments national energy consumption of the ■ 2. Amend § 430.2 by: DOE will accept comments, data, and products that would be covered on ■ a. Adding, in alphabetical order, information regarding this notice of which DOE is relying in determining definitions for ‘‘built-in compact proposed determination no later than coverage; and cooler,’’ ‘‘built-in cooler,’’ ‘‘combination the date provided at the beginning of (4) The availability or lack of cooler refrigeration product,’’ this notice. After the close of the availability of technologies for ‘‘consumer refrigeration product,’’ comment period, DOE will review the improving the energy efficiency of ‘‘cooler,’’ ‘‘cooler-freezer,’’ ‘‘cooler- comments received and determine MREFs as DOE is proposing to define refrigerator,’’ ‘‘cooler-refrigerator- whether miscellaneous refrigeration them. freezer,’’ ‘‘freestanding compact cooler,’’ products are covered products under The Department is interested in ‘‘freestanding cooler,’’ and EPCA. receiving views concerning other ‘‘miscellaneous refrigeration product’’; Comments, data, and information relevant issues that participants believe ■ b. Revising the definitions for submitted to DOE’s email address for would affect DOE’s ability to establish ‘‘freezer,’’ ‘‘refrigerator,’’ and this proposed determination should be test procedures and energy conservation ‘‘refrigerator-freezer’’; and provided in WordPerfect, Microsoft standards for miscellaneous ■ c. Removing the definitions for Word, PDF, or text (ASCII) file format. refrigeration products. The Department ‘‘electric refrigerator’’ and ‘‘electric Submissions should avoid the use of invites all interested parties to submit in refrigerator-freezer.’’ special characters or any form of writing by April 4, 2016, comments and The additions and revisions read as encryption, and wherever possible information on matters addressed in this follows: comments should include the electronic notice and on other matters relevant to signature of the author. No consideration of a determination for § 430.2 Definitions. telefacsimiles (faxes) will be accepted. miscellaneous refrigeration products. * * * * *

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Built-in compact cooler means any temperatures at 0 °F (–17.8 °C) or below only and is capable of maintaining cooler with a total refrigerated volume as determined according to the compartment temperatures of 0 °F less than 7.75 cubic feet and no more provisions in § 429.61(d)(2) [proposed at (¥17.8 °C) or below as determined than 24 inches in depth, excluding 79 FR 74894 (December 16, 2014)]. according to the provisions in doors, handles, and custom front panels, Cooler-refrigerator is a cabinet, used § 429.14(d)(2) [proposed at 79 FR 74894 that is designed, intended, and with one or more doors, that has a (December 16, 2014)]. It does not marketed exclusively to be: source of refrigeration that requires include any refrigerated cabinet that (1) Installed totally encased by single-phase, alternating current electric consists solely of an automatic ice cabinetry or panels that are attached energy input only, and consists of two maker and an ice storage bin arranged during installation; or more compartments, including at so that operation of the automatic (2) Securely fastened to adjacent least one cooler compartment as defined icemaker fills the bin to its capacity. cabinetry, walls or floor, in appendix A of subpart B of this part, However, the term does not include any (3) Equipped with unfinished sides where: product that does not include a that are not visible after installation, and (1) At least one of the remaining compressor and condenser unit as an (4) Equipped with an integral factory- compartments is capable of maintaining integral part of the cabinet assembly. finished face or built to accept a custom compartment temperatures above 32 °F * * * * * front panel. (0 °C) and below 39 °F (3.9 °C) as Built-in cooler means any cooler with determined according to § 429.61(d)(2) Miscellaneous refrigeration product a total refrigerated volume of 7.75 cubic [proposed at 79 FR 74894 (December 16, means a consumer refrigeration product feet or greater and no more than 24 2014)]; other than a refrigerator, refrigerator- inches in depth, excluding doors, (2) The cabinet may also include a freezer, or freezer, which includes handles, and custom front panels; that compartment capable of maintaining coolers and combination cooler is designed, intended, and marketed compartment temperatures below 32 °F refrigeration products. exclusively to be: (0 °C) as determined according to * * * * * (1) Installed totally encased by § 429.61(d)(2) [proposed at 79 FR 74894 Refrigerator means a cabinet, used cabinetry or panels that are attached (December 16, 2014)]; but with one or more doors, that has a during installation; (3) The cabinet does not provide a source of refrigeration that requires (2) Securely fastened to adjacent separate low temperature compartment single-phase, alternating current electric cabinetry, walls or floor; capable of maintaining compartment energy input only and is capable of (3) Equipped with unfinished sides temperatures below 0 °F (¥13.3 °C) as maintaining compartment temperatures that are not visible after installation; and determined according to § 429.61(d)(2) above 32 °F (0 °C) and below 39 °F (3.9 (4) Equipped with an integral factory- [proposed at 79 FR 74894 (December 16, °C) as determined according to finished face or built to accept a custom 2014)]. § 429.14(d)(2) [proposed at 79 FR 74894 front panel. Cooler-refrigerator-freezer is a cabinet, * * * * * used with one or more doors, that has (December 16, 2014)]. A refrigerator may Combination cooler refrigeration a source of refrigeration that requires include a compartment capable of product means any cooler-refrigerator, maintaining compartment temperatures single-phase, alternating current electric ° ° cooler-refrigerator-freezer, or cooler- energy input only, and consists of three below 32 F (0 C), but does not provide freezer. or more compartments, including at a separate low temperature compartment capable of maintaining * * * * * least one cooler compartment as defined compartment temperatures below 0 °F Consumer refrigeration product in appendix A of subpart B of this part, (¥13.3 °C) as determined according to means a refrigerator, refrigerator-freezer, where: freezer, or miscellaneous refrigeration (1) At least one of the remaining § 429.14(d)(2) [proposed at 79 FR 74894 product. compartments is capable of maintaining (December 16, 2014)]. However, the ° term does not include any product that * * * * * compartment temperatures above 32 F ° ° ° does not include a compressor and Cooler means a cabinet, used with one (0 C) and below 39 F (3.9 C) as determined according § 429.61(d)(2) condenser unit as an integral part of the or more doors, that has a source of cabinet assembly. refrigeration capable of operating on [proposed at 79 FR 74894 (December 16, single-phase, alternating current and is 2014)], and Refrigerator-freezer means a cabinet, capable of maintaining compartment (2) At least one other compartment is used with one or more doors, that has temperatures either: capable of maintaining compartment a source of refrigeration that requires ° ¥ ° (1) No lower than 39 °F (3.9 °C), or temperatures of 0 F ( 17.8 C) or single-phase, alternating current electric (2) In a range that extends no lower below as determined according to energy input only and consists of two or than 37 °F (2.8 °C) but at least as high § 429.61(d)(2) [proposed at 79 FR 74894 more compartments where at least one as 60 °F (15.6 °C) as determined (December 16, 2014)]. of the compartments is capable of according to the applicable provisions * * * * * maintaining compartment temperatures in § 429.61(d)(2) [proposed at 79 FR Freestanding compact cooler means above 32 °F (0 °C) and below 39 °F (3.9 74894 (December 16, 2014)]. any cooler, excluding built-in compact °C) as determined according to Cooler-freezer is a cabinet, used with coolers, with a total refrigerated volume § 429.14(d)(2) [proposed at 79 FR 74894 one or more doors, that has a source of less than 7.75 cubic feet. (December 16, 2014)], and at least one refrigeration that requires single-phase, Freestanding cooler means any cooler, other compartment is capable of alternating current electric energy input excluding built-in coolers, with a total maintaining compartment temperatures only, and consists of two or more refrigerated volume of 7.75 cubic feet or of 0 °F (¥17.8 °C) or below as compartments, including at least one greater. determined according to § 429.14(d)(2) cooler compartment as defined in Freezer means a cabinet, used with [proposed at 79 FR 74894 (December 16, appendix A of subpart B of this part, one or more doors, that has a source of 2014)]. However, the term does not where the remaining compartment(s) are refrigeration that requires single-phase, include any cabinet that does not capable of maintaining compartment alternating current electric energy input include a compressor and condenser

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unit as an integral part of the cabinet Kunovice, Czech Republic; phone: +420 SEH VIVAT gliders and was based on assembly. 572 537 428; email: [email protected]; mandatory continuing airworthiness * * * * * Internet: http://www.evektor.cz/en/ information (MCAI) originated by the [FR Doc. 2016–04874 Filed 3–3–16; 8:45 am] sales-and-support. You may review Civil Aviation Authority, which is the BILLING CODE 6450–01–P copies of the referenced service aviation authority for the Czech information at the FAA, Small Airplane Republic. That MCAI (AD CAA–AD–T– Directorate, 901 Locust, Kansas City, 112/1999R1, dated November 23, 1999), DEPARTMENT OF TRANSPORTATION Missouri 64106. For information on the was issued to correct an unsafe availability of this material at the FAA, condition for EVECTOR, spol. s.r.o. Federal Aviation Administration call (816) 329–4148. Models L 13 SEH VIVAT and L 13 SDM VIVAT gliders and BLANIK LIMITED Examining the AD Docket 14 CFR Part 39 Models L–13 Blanik and L–13 AC You may examine the AD docket on Blanik gliders. The MCAI states: [Docket No. FAA–2016–4230; Directorate the Internet at http:// Identifier 2015–CE–041–AD] To prevent destruction of tail-fuselage www.regulations.gov by searching for attachment fitting which can lead to loss of RIN 2120–AA64 and locating Docket No. FAA–2016– control of the sailplane. This destruction 4230; or in person at the Docket could be caused due to lower strength of the Airworthiness Directives; EVECTOR, Management Facility between 9 a.m. material used during production. spol. s.r.o. Gliders and 5 p.m., Monday through Friday, You may examine the MCAI on the except Federal holidays. The AD docket Internet at http://www.regulations.gov AGENCY: Federal Aviation contains this proposed AD, the Administration (FAA), Department of by searching for and locating Docket No. regulatory evaluation, any comments FAA–2016–4230. Transportation (DOT). received, and other information. The A review of records since issuance of ACTION: Notice of proposed rulemaking street address for the Docket Office AD 2000–20–12 revealed that the FAA (NPRM). (telephone (800) 647–5527) is in the inadvertently did not address this MCAI ADDRESSES section. Comments will be for the EVECTOR, spol. s.r.o. Model L SUMMARY: We propose to adopt a new available in the AD docket shortly after 13 SDM VIVAT gliders and the BLANIK airworthiness directive (AD) for receipt. EVECTOR, spol. s.r.o. Models L 13 SEH LIMITED Model L–13 AC Blanik gliders. FOR FURTHER INFORMATION CONTACT: Jim VIVAT and L 13 SDM VIVAT gliders This proposed AD would supersede AD Rutherford, Aerospace Engineer, FAA, (type certificate previously held by 2000–20–12 to add the EVECTOR, spol. Small Airplane Directorate, 901 Locust, AEROTECHNIK s.r.o.) that would s.r.o. Model L 13 SDM VIVAT gliders to Room 301, Kansas City, Missouri 64106; supersede AD 2000–20–12. This the applicability of the AD. telephone: (816) 329–4165; fax: (816) proposed AD results from mandatory The FAA will address the BLANIK 329–4090; email: jim.rutherford@ continuing airworthiness information LIMITED Model L–13 AC Blanik gliders faa.gov. (MCAI) originated by an aviation in another AD action. SUPPLEMENTARY INFORMATION: authority of another country to identify Related Service Information Under 1 and correct an unsafe condition on an Comments Invited CFR Part 51 aviation product. The MCAI describes the unsafe condition as insufficient We invite you to send any written AEROTECHNIK CZ s.r.o. issued material strength of the tail-fuselage relevant data, views, or arguments about Mandatory Service Bulletin SEH 13– attachment fitting. We are issuing this this proposed AD. Send your comments 005a, dated November 18, 1999. The proposed AD to require actions to to an address listed under the service information describes address the unsafe condition on these ADDRESSES section. Include ‘‘Docket No. procedures for testing the material products. FAA–2016–4230; Directorate Identifier strength of attachment fitting part 2015–CE–041–AD’’ at the beginning of number A 102 021N and instructions for DATES: We must receive comments on your comments. We specifically invite contacting the manufacturer for this proposed AD by April 18, 2016. comments on the overall regulatory, replacement information if necessary. ADDRESSES: You may send comments by economic, environmental, and energy This service information is reasonably any of the following methods: aspects of this proposed AD. We will available because the interested parties • Federal eRulemaking Portal: Go to consider all comments received by the have access to it through their normal http://www.regulations.gov. Follow the closing date and may amend this course of business or by the means instructions for submitting comments. proposed AD because of those identified in the ADDRESSES section of • Fax: (202) 493–2251. comments. this NPRM. • Mail: U.S. Department of We will post all comments we FAA’s Determination and Requirements Transportation, Docket Operations, M– receive, without change, to http:// of the Proposed AD 30, West Building Ground Floor, Room regulations.gov, including any personal W12–140, 1200 New Jersey Avenue SE., information you provide. We will also This product has been approved by Washington, DC 20590. post a report summarizing each the aviation authority of another • Hand Delivery: U.S. Department of substantive verbal contact we receive country, and is approved for operation Transportation, Docket Operations, M– about this proposed AD. in the United States. Pursuant to our 30, West Building Ground Floor, Room bilateral agreement with this State of W12–140, 1200 New Jersey Avenue SE., Discussion Design Authority, they have notified us Washington, DC 20590, between 9 a.m. On September 28, 2000, we issued AD of the unsafe condition described in the and 5 p.m., Monday through Friday, 2000–20–12, Amendment 39–11923 (65 MCAI and service information except Federal holidays. FR 61262; October 17, 2000) (‘‘AD referenced above. We are proposing this For service information identified in 2000–20–12’’). That AD required actions AD because we evaluated all this proposed AD, contact EVEKTOR, intended to address an unsafe condition information and determined the unsafe spol. s.r.o, Letecka 1008, 686 04 on EVECTOR, spol. s.r.o. Model L 13 condition exists and is likely to exist or

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develop on other products of the same For the reasons discussed above, I fuselage fittings with insufficient material type design. certify this proposed regulation: strength, which if left uncorrected could (1) Is not a ‘‘significant regulatory result in detachment of the tail from the Costs of Compliance action’’ under Executive Order 12866, fuselage with consequent loss of control. We estimate that this proposed AD (2) Is not a ‘‘significant rule’’ under (f) Actions and Compliance will affect 9 products of U.S. registry. the DOT Regulatory Policies and Unless already done, do the following We also estimate that it would take Procedures (44 FR 11034, February 26, actions in paragraphs (f)(1) and (f)(2) of this about 4 work-hours per product to 1979), AD, including all subparagraphs: comply with the basic requirements of (3) Will not affect intrastate aviation (1) Model L 13 SEH VIVAT gliders: this proposed AD. The average labor in Alaska, and (i) Within the next 60 days after November rate is $85 per work-hour. Required (4) Will not have a significant 27, 2000 (the effective date retained from AD parts would cost about $340 per economic impact, positive or negative, 2000–20–12), inspect the tail-fuselage product. on a substantial number of small entities attachment fitting, part number (P/N) A 102 Based on these figures, we estimate under the criteria of the Regulatory 021N, for damage and material hardness the cost of the proposed AD on U.S. Flexibility Act. following the procedures in AEROTECHNIK CZ s.r.o. Mandatory Service Bulletin SEH 13– operators to be $3,060, or $340 per List of Subjects in 14 CFR Part 39 005a, dated November 18, 1999. product. (ii) If you find the tail-fuselage attachment In addition, we estimate that any Air transportation, Aircraft, Aviation fitting is damaged or the material does not necessary follow-on actions would take safety, Incorporation by reference, meet the hardness requirements specified in about 16 work-hours and require parts Safety. the service bulletin during the inspection costing $500, for a cost of $1,860 per The Proposed Amendment required in paragraph (f)(1)(i) of this AD, product. We have no way of before further flight, you must contact the determining the number of products Accordingly, under the authority manufacturer to obtain an FAA-approved that may need these actions. delegated to me by the Administrator, replacement part for P/N A 102 021N and According to the manufacturer, some the FAA proposes to amend 14 CFR part FAA-approved installation instructions and 39 as follows: install the replacement part. Use the contact of the costs of this proposed AD may be information found in paragraph (h) to contact covered under warranty, thereby PART 39—AIRWORTHINESS the manufacturer. reducing the cost impact on affected DIRECTIVES (iii) As of November 27, 2000 (the effective individuals. We do not control warranty date retained from AD 2000–20–12), do not coverage for affected individuals. As a ■ 1. The authority citation for part 39 install, on any glider, a P/N A 102 021N result, we have included all costs in our continues to read as follows: attachment fitting that has not passed the cost estimate. inspection required in paragraph (f)(1)(i) of Authority: 49 U.S.C. 106(g), 40113, 44701. this AD. Authority for This Rulemaking (2) Model L 13 SDM VIVAT gliders: § 39.13 [Amended] (i) Within the next 60 days after the Title 49 of the United States Code ■ 2. The FAA amends § 39.13 by specifies the FAA’s authority to issue effective date of this AD, inspect the tail- removing Amendment 39–11923 (65 FR fuselage attachment fitting, part number (P/ rules on aviation safety. Subtitle I, 61262; October 17, 2000), and adding N) A 102 021N, for damage and material section 106, describes the authority of the following new AD: hardness following the procedures in the FAA Administrator. ‘‘Subtitle VII: AEROTECHNIK CZ s.r.o. Mandatory Service Aviation Programs,’’ describes in more EVECTOR, spol. S.r.o.: Docket No. FAA– Bulletin SEH 13–005a, dated November 18, 2016–4230; Directorate Identifier 2015– detail the scope of the Agency’s 1999. CE–041–AD. authority. (ii) If you find the tail-fuselage attachment We are issuing this rulemaking under (a) Comments Due Date fitting is damaged or the material does not the authority described in ‘‘Subtitle VII, We must receive comments by April 18, meet the hardness requirements specified in Part A, Subpart III, Section 44701: 2016. the service bulletin during the inspection General requirements.’’ Under that required in paragraph (f)(2)(i) of this AD, (b) Affected ADs before further flight, you must contact the section, Congress charges the FAA with manufacturer to obtain an FAA-approved promoting safe flight of civil aircraft in This AD replaces AD 2000–20–12, Amendment 39–11923 (65 FR 61262; October replacement part for P/N A 102 021N and air commerce by prescribing regulations 17, 2000) (‘‘AD 2000–20–12’’). FAA-approved installation instructions and for practices, methods, and procedures install the replacement part. Use the contact the Administrator finds necessary for (c) Applicability information found in paragraph (h) to contact safety in air commerce. This regulation This AD applies to EVECTOR, spol. s.r.o. the manufacturer. is within the scope of that authority Models L 13 SEH VIVAT and L 13 SDM (iii) As of the effective date of this AD, do because it addresses an unsafe condition VIVAT gliders (type certificate previously not install, on any glider, a P/N A 102 021N that is likely to exist or develop on held by AEROTECHNIK s.r.o.), all serial attachment fitting that has not passed the numbers, certificated in any category. inspection required in paragraph (f)(2)(i) of products identified in this rulemaking this AD. action. (d) Subject (g) Other FAA AD Provisions Regulatory Findings Air Transport Association of America (ATA) Code 53: Fuselage. The following provisions also apply to this We determined that this proposed AD AD: would not have federalism implications (e) Reason (1) Alternative Methods of Compliance under Executive Order 13132. This This AD was prompted by mandatory (AMOCs): The Manager, Standards Office, proposed AD would not have a continuing airworthiness information (MCAI) FAA, has the authority to approve AMOCs substantial direct effect on the States, on originated by an aviation authority of another for this AD, if requested using the procedures country to identify and correct an unsafe found in 14 CFR 39.19. Send information to the relationship between the national condition on an aviation product. The MCAI ATTN: Jim Rutherford, Aerospace Engineer, Government and the States, or on the describes the unsafe condition as insufficient FAA, Small Airplane Directorate, 901 Locust, distribution of power and material strength of the tail-fuselage Room 301, Kansas City, Missouri 64106; responsibilities among the various attachment fitting. We are issuing this telephone: (816) 329–4165; fax: (816) 329– levels of government. proposed AD to detect and correct tail- 4090; email: [email protected]. Before

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using any approved AMOC on any airplane the airplane flight manual (AFM) to SUPPLEMENTARY INFORMATION: to which the AMOC applies, notify your provide procedures to guide the crew to Comments Invited appropriate principal inspector (PI) in the stabilize the airplane’s airspeed and FAA Flight Standards District Office (FSDO), attitude for continued safe flight. We are We invite you to send any written or lacking a PI, your local FSDO. relevant data, views, or arguments about (2) Airworthy Product: For any requirement proposing this AD to prevent loss of air data information that may affect this proposed AD. Send your comments in this AD to obtain corrective actions from to an address listed under the a manufacturer or other source, use these continued safe flight. ADDRESSES actions if they are FAA-approved. Corrective DATES: We must receive comments on section. Include ‘‘Docket No. actions are considered FAA-approved if they this proposed AD by April 18, 2016. FAA–2016–3990; Directorate Identifier are approved by the State of Design Authority 2015–NM–153–AD’’ at the beginning of ADDRESSES: You may send comments, (or their delegated agent). You are required your comments. We specifically invite to assure the product is airworthy before it using the procedures found in 14 CFR comments on the overall regulatory, is returned to service. 11.43 and 11.45, by any of the following economic, environmental, and energy methods: (h) Related Information • aspects of this proposed AD. We will Federal eRulemaking Portal: Go to consider all comments received by the Refer to MCAI Civil Aviation Authority AD http://www.regulations.gov. Follow the CAA–AD–T–112/1999R1, dated November closing date and may amend this instructions for submitting comments. proposed AD based on those comments. 23, 1999, for related information. You may • Fax: 202–493–2251. examine the MCAI on the Internet at http:// • We will post all comments we Mail: U.S. Department of receive, without change, to http:// www.regulations.gov by searching for and Transportation, Docket Operations, M– locating Docket No. FAA–2016–4230. For www.regulations.gov, including any service information related to this AD, 30, West Building Ground Floor, Room personal information you provide. We contact EVEKTOR, spol. s.r.o, Letecka 1008, W12–140, 1200 New Jersey Avenue SE., will also post a report summarizing each 686 04 Kunovice, Czech Republic; phone: Washington, DC 20590. • substantive verbal contact we receive +420 572 537 428; email: [email protected]; Hand Delivery: U.S. Department of about this proposed AD. Internet: http://www.evektor.cz/en/sales-and- Transportation, Docket Operations, M– support. You may review copies of the 30, West Building Ground Floor, Room Discussion referenced service information at the FAA, W12–140, 1200 New Jersey Avenue SE., Transport Canada Civil Aviation Small Airplane Directorate, 901 Locust, Washington, DC, between 9 a.m. and 5 (TCCA), which is the aviation authority Kansas City, Missouri 64106. For information p.m., Monday through Friday, except on the availability of this material at the for Canada, has issued Canadian AD FAA, call (816) 329–4148. Federal holidays. CF–2015–08, dated April 28, 2015 For service information identified in (referred to after this as the Mandatory Issued in Kansas City, Missouri, on this NPRM, contact Bombardier, Inc., Continuing Airworthiness Information, February 24, 2016. 400 Coˆte-Vertu Road West, Dorval, or ‘‘the MCAI’’), to correct an unsafe Robert P. Busto, Que´bec H4S 1Y9, Canada; telephone: condition for all Bombardier, Inc. Model Acting Manager, Small Airplane Directorate, 514–855–5000; fax: 514–855–7401; CL–600–2D15 (Regional Jet Series 705) Aircraft Certification Service. email: [email protected]; and CL–600–2D24 (Regional Jet Series [FR Doc. 2016–04543 Filed 3–3–16; 8:45 am] Internet: http://www.bombardier.com. 900) airplanes. The MCAI states: BILLING CODE 4910–13–P You may view this referenced service Two in-service incidents have been information at the FAA, Transport reported on CL–600–2C10 aeroplanes Airplane Directorate, 1601 Lind Avenue regarding a loss of all air data information in DEPARTMENT OF TRANSPORTATION SW., Renton, WA. For information on the cockpit. The air data information was the availability of this material at the recovered as the aeroplane descended to Federal Aviation Administration FAA, call 425–227–1221. lower altitudes. An investigation determined that the root cause in both events was high 14 CFR Part 39 Examining the AD Docket altitude icing (ice crystal contamination). If not addressed, this condition may affect You may examine the AD docket on [Docket No. FAA–2016–3990; Directorate continued safe flight. Identifier 2015–NM–153–AD] the Internet at http:// Due to similarities in the air data systems, www.regulations.gov by searching for such events could happen on all Bombardier RIN 2120–AA64 and locating Docket No. FAA–2016– CRJ models, CL–600–2B19, CL–600–2C10, 3990; or in person at the Docket CL–600–2D15, CL–600–2D24 and CL–600– Airworthiness Directives; Bombardier, Management Facility between 9 a.m. 2E25. Therefore, the corrective actions for Inc. Airplanes and 5 p.m., Monday through Friday, these models will be mandated once their except Federal holidays. The AD docket respective Airplane Flight Manual (AFM) AGENCY: Federal Aviation revisions become available. Administration (FAA), DOT. contains this proposed AD, the This [Canadian] AD mandates the regulatory evaluation, any comments ACTION: Notice of proposed rulemaking incorporation of AFM procedures to guide received, and other information. The (NPRM). the crew to stabilize the aeroplanes airspeed street address for the Docket Operations and attitude for continued safe flight. SUMMARY: We propose to adopt a new office (telephone: 800–647–5527) is in Required actions in this NPRM apply airworthiness directive (AD) for all the ADDRESSES section. Comments will only to Bombardier, Inc. Model CL– Bombardier, Inc. Model CL–600–2D15 be available in the AD docket shortly 600–2D15 (Regional Jet Series 705) and (Regional Jet Series 705) and CL–600– after receipt. CL–600–2D24 (Regional Jet Series 900) 2D24 (Regional Jet Series 900) airplanes. FOR FURTHER INFORMATION CONTACT: airplanes; we may consider issuing This proposed AD was prompted by two Assata Dessaline, Aerospace Engineer, further rulemaking on the other in-service incidents reported on Avionics and Services Branch, ANE– Bombardier airplane models identified Bombardier, Inc. Model CL–600–2C10 172, FAA, New York Aircraft previously. You may examine the MCAI (Regional Jet Series 700, 701, & 702) Certification Office (ACO), 1600 Stewart in the AD docket on the Internet at airplanes regarding a loss of all air data Avenue, Suite 410, Westbury, NY http://www.regulations.gov by searching information in the flight deck. This 11590; telephone: 516–228–7301; fax: for and locating Docket No. FAA–2016– proposed AD would require revision of 516–794–5531. 3990.

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Related Service Information Under 1 is within the scope of that authority (d) Subject CFR Part 51 because it addresses an unsafe condition Air Transport Association (ATA) of Bombardier, Inc. has issued that is likely to exist or develop on America Code 34, Navigation. Emergency Procedure 1; Unreliable products identified in this rulemaking (e) Reason action. Airspeed, of Section 03–19, Emergency This AD was prompted by reports of two Procedures—Unreliable Airspeed, of Regulatory Findings in-service incidents on Bombardier, Inc. Chapter 3, Emergency Procedures, in Model CL–600–2C10 (Regional Jet Series 700, Volume 1 of the Bombardier CRJ Series We determined that this proposed AD 701, & 702) airplanes regarding a loss of all Regional Jet Model CL–600–2D15 and would not have federalism implications air data information in the flight deck. We are CL–600–2D24 Airplane Flight Manual under Executive Order 13132. This issuing this AD to prevent air data CSP C–012, Revision 11A, dated May proposed AD would not have a information loss that may affect continued safe flight. 25, 2015. The service information substantial direct effect on the States, on describes procedures to guide the crew the relationship between the national (f) Compliance to stabilize the airplane’s airspeed and Government and the States, or on the Comply with this AD within the attitude for continued safe flight. This distribution of power and compliance times specified, unless already service information is reasonably responsibilities among the various done. levels of government. available because the interested parties (g) Airplane Flight Manual Revision have access to it through their normal For the reasons discussed above, I certify this proposed regulation: Within 30 days after the effective date of course of business or by the means this AD, revise Emergency Procedure Section identified in the ADDRESSES section. 1. Is not a ‘‘significant regulatory 03–19–1 of the airplane flight manual (AFM) action’’ under Executive Order 12866; FAA’s Determination and Requirements to include the information in Emergency 2. Is not a ‘‘significant rule’’ under the Procedure 1; Unreliable Airspeed, of Section of This Proposed AD DOT Regulatory Policies and Procedures 03–19, Emergency Procedures—Unreliable This product has been approved by (44 FR 11034, February 26, 1979); Airspeed, of Chapter 3, Emergency the aviation authority of another 3. Will not affect intrastate aviation in Procedures, in Volume 1 of the Bombardier country, and is approved for operation Alaska; and CRJ Series Regional Jet Model CL–600–2D15 and CL–600–2D24 Airplane Flight Manual in the United States. Pursuant to our 4. Will not have a significant bilateral agreement with the State of CSP C–012, Revision 11A, dated May 25, economic impact, positive or negative, 2015. Design Authority, we have been notified on a substantial number of small entities of the unsafe condition described in the under the criteria of the Regulatory (h) Other FAA AD Provisions MCAI and service information Flexibility Act. The following provisions also apply to this referenced above. We are proposing this AD: AD because we evaluated all pertinent List of Subjects in 14 CFR Part 39 (1) Alternative Methods of Compliance information and determined an unsafe Air transportation, Aircraft, Aviation (AMOCs): The Manager, New York Aircraft Certification Office (ACO), ANE–170, FAA, condition exists and is likely to exist or safety, Incorporation by reference, develop on other products of these same has the authority to approve AMOCs for this Safety. AD, if requested using the procedures found type designs. The Proposed Amendment in 14 CFR 39.19. In accordance with 14 CFR Costs of Compliance 39.19, send your request to your principal Accordingly, under the authority inspector or local Flight Standards District We estimate that this proposed AD delegated to me by the Administrator, Office, as appropriate. If sending information affects 230 airplanes of U.S. registry. the FAA proposes to amend 14 CFR part directly to the ACO, send it to ATTN: Assata We also estimate that it would take 39 as follows: Dessaline, Aerospace Engineer, Avionics and about 1 work-hour per product to Services Branch, ANE 172, FAA, New York comply with the basic requirements of PART 39—AIRWORTHINESS ACO, 1600 Stewart Avenue, Suite 410, this proposed AD. The average labor DIRECTIVES Westbury, New York 11590; telephone: 516– rate is $85 per work-hour. Based on 228–7301; fax: 516–794–5531. Before using any approved AMOC, notify your appropriate these figures, we estimate the cost of ■ 1. The authority citation for part 39 principal inspector, or lacking a principal this proposed AD on U.S. operators to continues to read as follows: inspector, the manager of the local flight be $19,550, or $85 per product. Authority: 49 U.S.C. 106(g), 40113, 44701. standards district office/certificate holding Authority for This Rulemaking district office. The AMOC approval letter § 39.13 [Amended] must specifically reference this AD. Title 49 of the United States Code ■ 2. The FAA amends § 39.13 by adding (2) Contacting the Manufacturer: For any specifies the FAA’s authority to issue the following new airworthiness requirement in this AD to obtain corrective actions from a manufacturer, the action must rules on aviation safety. Subtitle I, directive (AD): section 106, describes the authority of be accomplished using a method approved the FAA Administrator. ‘‘Subtitle VII: Bombardier, Inc.: Docket No. FAA–2016– by the Manager, New York ACO, ANE–170, Aviation Programs,’’ describes in more 3990; Directorate Identifier 2015–NM– Engine and Propeller Directorate, FAA; or 153–AD. Transport Canada Civil Aviation (TCCA); or detail the scope of the Agency’s Bombardier, Inc.’s TCCA Design Approval authority. (a) Comments Due Date Organization (DAO). If approved by the DAO, We are issuing this rulemaking under We must receive comments by April 18, the approval must include the DAO- the authority described in ‘‘Subtitle VII, 2016. authorized signature. Part A, Subpart III, Section 44701: (b) Affected ADs (i) Related Information General requirements.’’ Under that section, Congress charges the FAA with None. (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian promoting safe flight of civil aircraft in (c) Applicability AD CF–2015–08, dated 28 April, 2015, for air commerce by prescribing regulations This AD applies to all Bombardier, Inc. related information. This MCAI may be for practices, methods, and procedures Model CL–600–2D15 (Regional Jet Series found in the AD docket on the Internet at the Administrator finds necessary for 705) and CL–600–2D24 (Regional Jet Series http://www.regulations.gov by searching for safety in air commerce. This regulation 900) airplanes, certificated in any category. and locating Docket No. FAA–2016–3990.

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(2) For service information identified in • Mail: U.S. Department of proposed AD because of those this AD, contact Bombardier, Inc., 400 Coˆte- Transportation, Docket Operations, M– comments. Vertu Road West, Dorval, Que´bec H4S 1Y9, 30, West Building Ground Floor, Room We will post all comments we Canada; telephone: 514–855–5000; fax: 514– W12–140, 1200 New Jersey Avenue SE., receive, without change, to http:// 855–7401; email: thd.crj@ Washington, DC 20590. www.regulations.gov, including any aero.bombardier.com; Internet: http:// • www.bombardier.com. You may view this Hand Delivery: Deliver to Mail personal information you provide. We service information at the FAA, Transport address above between 9 a.m. and 5 will also post a report summarizing each Airplane Directorate, 1601 Lind Avenue SW., p.m., Monday through Friday, except substantive verbal contact we receive Renton, WA. For information on the Federal holidays. about this proposed AD. availability of this material at the FAA, call For service information identified in 425–227–1221. this proposed AD, contact M7 Discussion Issued in Renton, Washington, on February Aerospace LLC, 10823 NE Entrance The FAA received reports of broken 23, 2016. Road, San Antonio, Texas 78216; phone: elevator control rod link assemblies Dionne Palermo, (210) 824–9421; fax: (210) 804–7766; between the elevator torque tube and Acting Manager, Transport Airplane Internet: http://www.elbitsystems- the elevator quadrant due to corrosion Directorate, Aircraft Certification Service. us.com; email: MetroTech@ and lack of lubrication on M7 Aerospace [FR Doc. 2016–04680 Filed 3–3–16; 8:45 am] M7Aerospace.com. You may view this SA26, SA226, and SA227 airplanes. BILLING CODE 4910–13–P referenced service information at the This condition, if not corrected, could FAA, Small Airplane Directorate, 901 result in increased friction and partial or Locust, Kansas City, Missouri 64106. complete loss of elevator control DEPARTMENT OF TRANSPORTATION For information on the availability of resulting in loss of pitch control. this material at the FAA, call 816–329– Federal Aviation Administration 4148. Relevant Service Information Under 1 CFR Part 51 Examining the AD Docket 14 CFR Part 39 We reviewed M7 Aerospace LLC You may examine the AD docket on Service Bulletin (SB) 226–27–080 R1, [Docket No. FAA–2016–4256; Directorate the Internet at http:// Identifier 2016–CE–002–AD] M7 Aerospace LLC SB 227–27–060 R1, www.regulations.gov by searching for and M7 Aerospace LLC SB CC7–27–032 RIN 2120–AA64 and locating Docket No. FAA–2016– R1, all Issued: November 5, 2015 and 4256; or in person at the Docket Revised: February 23, 2016. The service Airworthiness Directives; M7 Management Facility between 9 a.m. Aerospace LLC information describes procedures for and 5 p.m., Monday through Friday, inspection of the elevator control link AGENCY: Federal Aviation except Federal holidays. The AD docket assemblies between the elevator torque Administration (FAA), DOT. contains this proposed AD, the tubes and the elevator quadrant for ACTION: Notice of proposed rulemaking regulatory evaluation, any comments frozen (stiff, hard to move) bearings or (NPRM). received, and other information. The broken/cracked links (rod ends) with street address for the Docket Office instructions for lubrication and SUMMARY: We propose to adopt a new (phone: 800–647–5527) is in the replacement if necessary. All of the airworthiness directive (AD) for all M7 ADDRESSES section. Comments will be related service information is reasonably Aerospace LLC Models SA226–AT, available in the AD docket shortly after available because the interested parties SA226–T, SA226–T(B), SA226–TC, receipt. have access to it through their normal SA227–AC (C–26A), SA227–AT, FOR FURTHER INFORMATION CONTACT: course of business or by the means SA227–BC (C–26A), SA227–CC, SA227– Andrew McAnaul, Aerospace Engineer, identified in the ADDRESSES section of DC (C–26B), and SA227–TT airplanes. FAA, ASW–143 (c/o San Antonio this NPRM. This proposed AD was prompted by MIDO), 10100 Reunion Place, Suite 650, reports of failed elevator control rod San Antonio, Texas 78216; phone: (210) FAA’s Determination ends due to corrosion and lack of 308–3365; fax: (210) 308–3370; email: We are proposing this AD because we lubrication. This proposed AD would [email protected]. evaluated all the relevant information require initial and repetitive inspections SUPPLEMENTARY INFORMATION: and determined the unsafe condition and lubrication of the elevator control described previously is likely to exist or rod ends and bearings with replacement Comments Invited develop in other products of the same as necessary. We are proposing this AD We invite you to send any written type design. to correct the unsafe condition on these relevant data, views, or arguments about Proposed AD Requirements products. this proposal. Send your comments to DATES: We must receive comments on an address listed under the ADDRESSES This proposed AD would require this proposed AD by April 18, 2016. section. Include ‘‘Docket No. FAA– initial and repetitive inspections of the ADDRESSES: You may send comments, 2016–4256; Directorate Identifier 2016– elevator control rod ends and bearings using the procedures found in 14 CFR CE–002–AD’’ at the beginning of your with replacement as necessary. comments. We specifically invite 11.43 and 11.45, by any of the following Costs of Compliance methods: comments on the overall regulatory, • Federal eRulemaking Portal: Go to economic, environmental, and energy We estimate that this proposed AD http://www.regulations.gov. Follow the aspects of this proposed AD. We will affects 350 airplanes of U.S. registry. instructions for submitting comments. consider all comments received by the We estimate the following costs to • Fax: 202–493–2251. closing date and may amend this comply with this proposed AD:

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ESTIMATED COSTS

Cost per prod- Cost on U.S. Action Labor cost Parts cost uct operators

Inspection and lubrication ...... 2 work-hours × $85 per hour = $170 ...... *NA $170 $59,500 * Not applicable

We estimate the following costs to do of the proposed inspection. We have no airplanes that might need these repairs/ any necessary repairs/replacements that way of determining the number of replacements: would be required based on the results

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Replace Rod End ...... 4 work-hours × $85 per hour = $340 ...... $30 $370

Authority for This Rulemaking on a substantial number of small entities (e) Unsafe Condition Title 49 of the United States Code under the criteria of the Regulatory This AD was prompted by reports of failed specifies the FAA’s authority to issue Flexibility Act. elevator control rod ends due to corrosion rules on aviation safety. Subtitle I, and lack of lubrication. We are issuing this List of Subjects in 14 CFR Part 39 AD to require initial and repetitive section 106, describes the authority of inspections and lubrication of the elevator the FAA Administrator. Subtitle VII: Air transportation, Aircraft, Aviation control rod ends and bearings with Aviation Programs, describes in more safety, Incorporation by reference, replacement as necessary. We are proposing detail the scope of the Agency’s Safety. this AD to correct the unsafe condition on authority. The Proposed Amendment these products. We are issuing this rulemaking under (f) Compliance the authority described in Subtitle VII, Accordingly, under the authority Part A, Subpart III, Section 44701: delegated to me by the Administrator, Comply with paragraphs (g)(1) through ‘‘General requirements.’’ Under that (g)(5) of this AD using the following service the FAA proposes to amend 14 CFR part bulletins within the compliance times section, Congress charges the FAA with 39 as follows: specified, unless already done: promoting safe flight of civil aircraft in (1) For Models SA226–AT, SA226–T, air commerce by prescribing regulations PART 39—AIRWORTHINESS SA226–T(B), and SA226–TC: M7 Aerospace for practices, methods, and procedures DIRECTIVES LLC Service Bulletin (SB) 226–27–080 R1, the Administrator finds necessary for Issued: November 5, 2015 and Revised: safety in air commerce. This regulation ■ 1. The authority citation for part 39 February 23, 2016; is within the scope of that authority continues to read as follows: (2) For Models SA227–AC (C–26A), SA227– because it addresses an unsafe condition AT, SA227–BC (C–26A), and SA227–TT: M7 Authority: 49 U.S.C. 106(g), 40113, 44701. that is likely to exist or develop on Aerospace LLC SB 227–27–060 R1, Issued: November 5, 2015 and Revised: February 23, products identified in this rulemaking § 39.13 [Amended] 2016; or action. ■ 2. The FAA amends § 39.13 by adding (3) For Models SA227–CC and SA227–DC Regulatory Findings the following new airworthiness (C–26B): M7 Aerospace LLC SB CC7–27–032 directive: R1, Issued: November 5, 2015 and Revised: We determined that this proposed AD February 23, 2016. would not have federalism implications M7 Aerospace LLC: Docket No. FAA–2016– under Executive Order 13132. This 4256; Directorate Identifier 2016–CE– (g) Actions proposed AD would not have a 002–AD. (1) If abnormally high resistance is reported when operating the elevators, before substantial direct effect on the States, on (a) Comments Due Date the relationship between the national further flight after the effective date of this AD, inspect and lubricate installed elevator Government and the States, or on the We must receive comments by April 18, 2016. control links following paragraph 2.A. of the distribution of power and Accomplishment Instructions of the service responsibilities among the various (b) Affected ADs bulletins identified in paragraphs (f)(1), (f)(2), levels of government. None. or (f)(3) of this AD, as applicable. For the reasons discussed above, I (2) Remove the elevator control links and certify this proposed regulation: (c) Applicability inspect following paragraph 2.B. (and 2.C. (1) Is not a ‘‘significant regulatory This AD applies to M7 Aerospace LLC when applicable) and lubricate the bearings action’’ under Executive Order 12866, Models SA226–AT, SA226–T, SA226–T(B), following paragraph 2.E. of the (2) Is not a ‘‘significant rule’’ under SA226–TC, SA227–AC (C–26A), SA227–AT, Accomplishment Instructions of the service the DOT Regulatory Policies and SA227–BC (C–26A), SA227–CC, SA227–DC bulletins identified in paragraphs (f)(1), (f)(2), or (f)(3) of this AD, as applicable, at Procedures (44 FR 11034, February 26, (C–26B), and SA227–TT airplanes, all serial numbers, certificated in any category. whichever of the following occurs first: 1979), (i) At the next Zone related Phase or Letter (3) Will not affect intrastate aviation (d) Subject Check inspection after the effective date of in Alaska, and Joint Aircraft System Component (JASC)/ this AD or within the next 600 hours time- (4) Will not have a significant Air Transport Association (ATA) of America in-service after the effective date of this AD, economic impact, positive or negative, Code 2730, Elevator Control System. whichever occurs later; or

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(ii) Within the next 6 months after the Issued in Kansas City, Missouri, on For service information identified in effective date of this AD. February 25, 2016. this NPRM, contact Bombardier, Inc., (3) Repetitively remove and inspect the Robert P. Busto, 400 Coˆte-Vertu Road West, Dorval, elevator control links not to exceed every 12 Acting Manager, Small Airplane Directorate, Que´bec H4S 1Y9, Canada; telephone: months following any inspection required in Aircraft Certification Service. 514–855–5000; fax: 514–855–7401; paragraph (g)(1) or (g)(2) of this AD following [FR Doc. 2016–04677 Filed 3–3–16; 8:45 am] email: [email protected]; paragraph 2.B. (and 2.C. when applicable) BILLING CODE 4910–13–P Internet http://www.bombardier.com. and lubricate the bearings following You may view this referenced service paragraph 2.E. of the Accomplishment information at the FAA, Transport Instructions of the service bulletins identified DEPARTMENT OF TRANSPORTATION in paragraphs (f)(1), (f)(2), or (f)(3) of this AD, Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on as applicable. Federal Aviation Administration (4) If during any inspection required in the availability of this material at the FAA, call 425–227–1221. paragraphs (g)(1), (g)(2) or (g)(3) of this AD, 14 CFR Part 39 any link assemblies between the elevator Examining the AD Docket torque tubes and the elevator quadrant are [Docket No. FAA–2016–3989; Directorate found to have frozen (stiff, hard to move) Identifier 2014–NM–220–AD] You may examine the AD docket on bearings or broken/cracked links (rod ends), the Internet at http:// RIN 2120–AA64 before further flight, replace the rod ends www.regulations.gov by searching for following paragraph 2.D. and lubricate the Airworthiness Directives; Bombardier, and locating Docket No. FAA–2016– bearings following with paragraph 2.E. of the Inc. Airplanes 3989; or in person at the Docket Accomplishment Instructions of the service Management Facility between 9 a.m. bulletins identified in paragraphs (f)(1), (f)(2), AGENCY: Federal Aviation and 5 p.m., Monday through Friday, or (f)(3) of this AD, as applicable. Administration (FAA), DOT. except Federal holidays. The AD docket (5) Repetitively lubricate the rod end ACTION: Notice of proposed rulemaking contains this proposed AD, the bearings (male and female) on both elevator (NPRM). regulatory evaluation, any comments control link assemblies following the time received, and other information. The limits in paragraph 1.D.4) of the applicable SUMMARY: We propose to adopt a new street address for the Docket Operations SB, but not to exceed every 6 months, and airworthiness directive (AD) for certain office (telephone: 800–647–5527) is in following the procedures in paragraph 2.E. of Bombardier, Inc. Model BD–700–1A10 the ADDRESSES section. Comments will the Accomplishment Instructions of the and BD–700–1A11 airplanes. This be available in the AD docket shortly service bulletins identified in paragraphs proposed AD was prompted by in- after receipt. (f)(1), (f)(2), or (f)(3) of this AD, as applicable. service reports of passenger door FOR FURTHER INFORMATION CONTACT: (h) Alternative Methods of Compliance tensator spring failures, and Fabio Buttitta, Aerospace Engineer, (AMOCs) qualification testing that determined Airframe and Mechanical Systems (1) The Manager, Fort Worth Airplane that non-conforming tensator springs Branch, ANE–171, FAA, New York Certification Office, FAA, has the authority to could be susceptible to failure prior to Aircraft Certification Office (ACO), 1600 approve AMOCs for this AD, if requested reaching their safe-life limit. This Stewart Avenue, Suite 410, Westbury, using the procedures found in 14 CFR 39.19. proposed AD would require revising the NY 11590; telephone: 516–228–7303; In accordance with 14 CFR 39.19, send your maintenance or inspection program to fax: 516–794–5531. request to your principal inspector or local incorporate certain temporary revisions, SUPPLEMENTARY INFORMATION: Flight Standards District Office, as and replacing the passenger door appropriate. If sending information directly tensator springs with new springs. We Comments Invited to the manager of the ACO, send it to the are proposing this AD to prevent We invite you to send any written attention of the person identified in tensator spring failure, resulting in the relevant data, views, or arguments about paragraph (i) of this AD. inability to open the main passenger (2) Before using any approved AMOC, this proposed AD. Send your comments door, which could impede evacuation in to an address listed under the notify your appropriate principal inspector, the event of an emergency. or lacking a principal inspector, the manager ADDRESSES section. Include ‘‘Docket No. of the local flight standards district office/ DATES: We must receive comments on FAA–2016–3989; Directorate Identifier certificate holding district office. this proposed AD by April 18, 2016. 2014–NM–220–AD’’ at the beginning of ADDRESSES: You may send comments, your comments. We specifically invite (i) Related Information using the procedures found in 14 CFR comments on the overall regulatory, (1) For more information about this AD, 11.43 and 11.45, by any of the following economic, environmental, and energy contact Andrew McAnaul, Aerospace methods: aspects of this proposed AD. We will Engineer, FAA, ASW–143 (c/o San Antonio • Federal eRulemaking Portal: Go to consider all comments received by the MIDO), 10100 Reunion Place, Suite 650, San http://www.regulations.gov. Follow the closing date and may amend this Antonio, Texas 78216; phone: (210) 308– instructions for submitting comments. proposed AD based on those comments. 3365; fax: (210) 308–3370; email: • Fax: 202–493–2251. We will post all comments we [email protected]. • Mail: U.S. Department of receive, without change, to http:// (2) For service information identified in Transportation, Docket Operations, M– www.regulations.gov, including any this AD, contact M7 Aerospace LLC, 10823 30, West Building Ground Floor, Room NE Entrance Road, San Antonio, Texas personal information you provide. We W12–140, 1200 New Jersey Avenue SE., 78216; phone: (210) 824–9421; fax: (210) will also post a report summarizing each Washington, DC 20590. substantive verbal contact we receive 804–7766; Internet: http://www.elbitsystems- • us.com; email: MetroTech@ Hand Delivery: U.S. Department of about this proposed AD. Transportation, Docket Operations, M– M7Aerospace.com. You may view this Discussion referenced service information at the FAA, 30, West Building Ground Floor, Room Small Airplane Directorate, 901 Locust, W12–140, 1200 New Jersey Avenue SE., Transport Canada Civil Aviation Kansas City, Missouri 64106. For information Washington, DC, between 9 a.m. and 5 (TCCA), which is the aviation authority on the availability of this material at the p.m., Monday through Friday, except for Canada, has issued Canadian FAA, call 816–329–4148. Federal holidays. Airworthiness Directive CF–2014–39,

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dated November 4, 2014 (referred to The service information describes products identified in this rulemaking after this as the Mandatory Continuing procedures for replacing passenger door action. Airworthiness Information, or ‘‘the tensator springs with new springs. This Regulatory Findings MCAI’’), to correct an unsafe condition service information is reasonably for certain Bombardier, Inc. Model BD– available because the interested parties We determined that this proposed AD 700–1A10 and BD–700–1A11 airplanes. have access to it through their normal would not have federalism implications The MCAI states: course of business or by the means under Executive Order 13132. This Following the issuance of [Canadian] AD identified in the ADDRESSES section. proposed AD would not have a CF–2010–14 [http://wwwapps3.tc.gc.ca/Saf- substantial direct effect on the States, on FAA’s Determination and Requirements the relationship between the national Sec-Sur/2/cawis-swimn/awd-display-cs2101- of This Proposed AD wnd.asp?rand=&vMode=0&showPdf=False& Government and the States, or on the ovid=CF_CF–2010–14_0], additional This product has been approved by distribution of power and qualification testing of the passenger door the aviation authority of another responsibilities among the various tensator spring, Part Number (P/N) GS321– country, and is approved for operation levels of government. 0580–1, determined that the tensator springs in the United States. Pursuant to our For the reasons discussed above, I could be susceptible to failure prior to bilateral agreement with the State of certify this proposed regulation: reaching the life limit mandated by 1. Is not a ‘‘significant regulatory [Canadian] AD CF–2010–14. Design Authority, we have been notified In addition, there have been in-service of the unsafe condition described in the action’’ under Executive Order 12866; reports of passenger door tensator spring MCAI and service information 2. Is not a ‘‘significant rule’’ under the failures. Investigation determined that the referenced above. We are proposing this DOT Regulatory Policies and Procedures material used to manufacture the tensator AD because we evaluated all pertinent (44 FR 11034, February 26, 1979); springs [was] improperly heat treated. information and determined an unsafe 3. Will not affect intrastate aviation in The passenger door assembly is installed condition exists and is likely to exist or Alaska; and with four tensator springs that assist the door develop on other products of these same 4. Will not have a significant actuator in opening and closing the door. In- type designs. economic impact, positive or negative, service experience has shown that a failed on a substantial number of small entities tensator spring could uncoil and foul up the Costs of Compliance rotating tensator spools, resulting in the under the criteria of the Regulatory inability to open the main passenger door. We estimate that this proposed AD Flexibility Act. The inability to open the main passenger affects 60 airplanes of U.S. registry. List of Subjects in 14 CFR Part 39 door could impede evacuation in the event We also estimate that it would take of an emergency. about 40 work-hours per product to Air transportation, Aircraft, Aviation This [Canadian] AD mandates the revision comply with the basic requirements of safety, Incorporation by reference, to the approved maintenance schedule to this proposed AD. The average labor Safety. reduce the repetitive discard task interval and mandates the replacement of non- rate is $85 per work-hour. Based on The Proposed Amendment these figures, we estimate the cost of conforming tensator springs. Accordingly, under the authority this proposed AD on U.S. operators to You may examine the MCAI in the delegated to me by the Administrator, be $204,000, or $3,400 per product. AD docket on the Internet at http:// the FAA proposes to amend 14 CFR part www.regulations.gov by searching for According to the manufacturer, some 39 as follows: and locating Docket No. FAA–2016– of the costs of this proposed AD may be 3989. covered under warranty, thereby PART 39—AIRWORTHINESS reducing the cost impact on affected DIRECTIVES Related Service Information Under 1 individuals. We do not control warranty CFR Part 51 coverage for affected individuals. As a ■ 1. The authority citation for part 39 We reviewed the following result, we have included all costs in our continues to read as follows: Bombardier, Inc. service information: cost estimate. Authority: 49 U.S.C. 106(g), 40113, 44701. • Bombardier Global 5000 Service Authority for This Rulemaking Bulletin 700–1A11–52–023, dated § 39.13 [Amended] October 4, 2013. Title 49 of the United States Code ■ 2. The FAA amends § 39.13 by adding • Bombardier Global Express/Global specifies the FAA’s authority to issue the following new airworthiness Express XRS Service Bulletin 700–52– rules on aviation safety. Subtitle I, directive (AD): 046, dated October 4, 2013. section 106, describes the authority of Bombardier, Inc.: Docket No. FAA–2016– • Temporary Revision (TR) 5–2–7, the FAA Administrator. ‘‘Subtitle VII: 3989; Directorate Identifier 2014–NM– dated June 4, 2014, to Part 2, Section 5– Aviation Programs,’’ describes in more 220–AD. 10–11, of Bombardier Global Express detail the scope of the Agency’s (a) Comments Due Date XRS BD–700 Time Limits/Maintenance authority. Checks. We are issuing this rulemaking under We must receive comments by April 18, • TR 5–2–10, dated September 9, the authority described in ‘‘Subtitle VII, 2016. 2014, to Part 2, Section 5–10–11, of Part A, Subpart III, Section 44701: (b) Affected ADs Bombardier Global 6000 GL 6000 Time General requirements.’’ Under that None. Limits/Maintenance Checks. section, Congress charges the FAA with • TR 5–2–13, dated June 4, 2014, to promoting safe flight of civil aircraft in (c) Applicability Part 2, Section 5–10–11, of Bombardier air commerce by prescribing regulations This AD applies to Bombardier, Inc. Model Global 5000 BD–700 Time Limits/ for practices, methods, and procedures BD–700–1A10 and BD–700–1A11 airplanes, Maintenance Checks. the Administrator finds necessary for certificated in any category, serial numbers 9002 and subsequent. • TR 5–2–44, dated June 4, 2014, to safety in air commerce. This regulation Part 2, Section 5–10–11, of Bombardier is within the scope of that authority (d) Subject Global Express BD–700 Time Limits/ because it addresses an unsafe condition Air Transport Association (ATA) of Maintenance Checks. that is likely to exist or develop on America Code 52, Doors.

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(e) Reason Global 5000 Service Bulletin 700–1A11–52– www.bombardier.com. You may view this This AD was prompted by in-service 023, dated October 4, 2013; or Bombardier service information at the FAA, Transport reports of passenger door tensator spring Global Express/Global Express XRS Service Airplane Directorate, 1601 Lind Avenue SW., failures, and qualification testing that Bulletin 700–52–046, dated October 4, 2013; Renton, WA. For information on the determined that incorrect tensator springs as applicable. availability of this material at the FAA, call 425–227–1221. could be susceptible to failure prior to (j) Acceptable Alternative Actions for reaching their safe-life limit. We are issuing Paragraph (i) of This AD Issued in Renton, Washington, on February this AD to prevent tensator spring failure, (1) For airplanes having serial numbers (S/ 19, 2016. resulting in the inability to open the main N) 9278 through 9360 inclusive: Replacement Dorr M. Anderson, passenger door, which could impede of the passenger door tensator springs having evacuation in the event of an emergency. Acting Manager, Transport Airplane P/N GS321–0580–1 with new springs before Directorate, Aircraft Certification Service. the effective date of this AD is acceptable for (f) Compliance [FR Doc. 2016–04561 Filed 3–3–16; 8:45 am] Comply with this AD within the compliance with the requirements of paragraph (i) of this AD. Refer to the task BILLING CODE 4910–13–P compliance times specified, unless already specified in the applicable TRs identified in done. paragraphs (g)(1) through (g)(4) of this AD for (g) Maintenance or Inspection Program subsequent spring replacements. DEPARTMENT OF TRANSPORTATION Revision (2) For airplanes with serial numbers not Federal Aviation Administration Within 30 days after the effective date of identified in paragraph (j)(1) of this AD: this AD, revise the maintenance or inspection Accomplishment after the effective date of program, as applicable, to incorporate the this AD of the ‘‘Time Limits/Maintenance 14 CFR Part 39 Checks’’ discard task identified in the task specified in the Temporary Revisions [Docket No. FAA–2016–4233; Directorate (TRs) identified in paragraphs (g)(1) through applicable service information specified in paragraphs (g)(1) through (g)(4) of this AD is Identifier 2016–CE–003–AD] (g)(4) of this AD. The compliance time for acceptable for compliance with the doing the initial replacement of the passenger RIN 2120–AA64 requirements of paragraph (i) of this AD. door tensator springs with new springs is at the times specified in the applicable TR (k) Other FAA AD Provisions Airworthiness Directives; Blanik specified in paragraphs (g)(1) through (g)(4) The following provisions also apply to this Limited Gliders of this AD, or within 30 days after the AD: effective date of this AD, whichever occurs (1) Alternative Methods of Compliance AGENCY: Federal Aviation later. (AMOCs): The Manager, New York Aircraft Administration (FAA), Department of (1) TR 5–2–7, dated June 4, 2014, to Part Certification Office (ACO), ANE–170, FAA, Transportation (DOT). 2, Section 5–10–11, of Bombardier Global has the authority to approve AMOCs for this ACTION: Notice of proposed rulemaking Express XRS BD–700 Time Limits/ AD, if requested using the procedures found (NPRM). Maintenance Checks (for Model BD–700– in 14 CFR 39.19. In accordance with 14 CFR 1A10 airplanes). 39.19, send your request to your principal SUMMARY: We propose to adopt a new (2) TR 5–2–10, dated September 9, 2014, to inspector or local Flight Standards District Part 2, Section 5–10–11, of Bombardier airworthiness directive (AD) for Blanik Office, as appropriate. If sending information Limited Models L–13 Blanik and L–13 Global 6000 GL 6000 Time Limits/ directly to the New York ACO, send it to Maintenance Checks (for Model BD–700– ATTN: Program Manager, Continuing AC Blanik gliders (type certificate 1A11 airplanes). Operational Safety, FAA, New York ACO, previously by LET Aeronautical Works) (3) TR 5–2–13, dated June 4, 2014, to Part 1600 Stewart Avenue, Suite 410, Westbury, that would supersede AD 99–19–33. 2, Section 5–10–11, of Bombardier Global NY 11590; telephone: 516–228–7300; fax: This proposed AD results from 5000 BD–700 Time Limits/Maintenance 516–794–5531. Before using any approved mandatory continuing airworthiness Checks (for Model BD–700–1A11 airplanes). AMOC, notify your appropriate principal information (MCAI) originated by an (4) TR 5–2–44, dated June 4, 2014, to Part inspector, or lacking a principal inspector, 2, Section 5–10–11, of Bombardier Global aviation authority of another country to the manager of the local flight standards identify and correct an unsafe condition Express BD–700 Time Limits/Maintenance district office/certificate holding district Checks (for Model BD–700–1A10 airplanes). office. The AMOC approval letter must on an aviation product. The MCAI describes the unsafe condition as lack of (h) No Alternative Actions and Intervals specifically reference this AD. (2) Contacting the Manufacturer: For any distinct color marking of the elevator After accomplishing the revision required requirement in this AD to obtain corrective drive. We are issuing this proposed AD by paragraph (g) of this AD, no alternative actions from a manufacturer, the action must to require actions to address the unsafe actions (e.g., inspections) and intervals may be accomplished using a method approved condition on these products. be used unless the actions and intervals are by the Manager, New York ACO, ANE–170, approved as an alternative method of FAA; or Transport Canada Civil Aviation DATES: We must receive comments on compliance (AMOC) in accordance with the (TCCA); or Bombardier, Inc.’s TCCA Design this proposed AD by April 18, 2016. procedures specified in paragraph (k)(1) of Approval Organization (DAO). If approved by ADDRESSES: You may send comments by this AD. the DAO, the approval must include the any of the following methods: (i) Replacement DAO-authorized signature. • Federal eRulemaking Portal: Go to For airplanes identified in section 1.A. (l) Related Information http://www.regulations.gov. Follow the ‘‘Effectivity,’’ of Bombardier Global 5000 (1) Refer to Mandatory Continuing instructions for submitting comments. Service Bulletin 700–1A11–52–023, dated Airworthiness Information (MCAI) Canadian • Fax: (202) 493–2251. October 4, 2013; or Bombardier Global AD CF–2014–39, dated November 4, 2014, • Mail: U.S. Department of Express/Global Express XRS Service Bulletin for related information. This MCAI may be Transportation, Docket Operations, M– 700–52–046, dated October 4, 2013; except as found in the AD docket on the Internet at 30, West Building Ground Floor, Room provided by paragraph (j)(1) or (j)(2) of this http://www.regulations.gov by searching for W12–140, 1200 New Jersey Avenue SE, AD: Within 15 months after the effective date and locating Docket No. FAA–2016–3989. Washington, DC 20590. of this AD, but not exceeding the applicable (2) For service information identified in • life limit of the passenger tensator spring, this AD, contact Bombardier, Inc., 400 Coˆte- Hand Delivery: U.S. Department of replace the passenger door tensator springs Vertu Road West, Dorval, Que´bec H4S 1Y9, Transportation, Docket Operations, M– having part number (P/N) GS321–0580–1, Canada; telephone: 514–855–5000; fax: 514– 30, West Building Ground Floor, Room with new springs, in accordance with the 855–7401; email: thd.crj@ W12–140, 1200 New Jersey Avenue SE., Accomplishment Instructions of Bombardier aero.bombardier.com; Internet http:// Washington, DC 20590, between 9 a.m.

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and 5 p.m., Monday through Friday, Discussion MCAI and service information except Federal holidays. On November 8, 1999, we issued AD referenced above. We are proposing this For service information identified in 99–19–33, Amendment 39–11320 (64 AD because we evaluated all this proposed AD, contact Blanik FR 50440; September 17, 1999) (‘‘99– information and determined the unsafe Limited, 2nd Floor Beaux Lane House, 19–33’’). That AD required actions condition exists and is likely to exist or Mercer Street Lower, Dublin 2, Republic intended to address an unsafe condition develop on other products of the same of Ireland; phone: +420 733 662 194; on BLANIK LIMITED Models L–13 type design. email: [email protected]; Internet: http:// Blanik gliders and was based on Costs of Compliance www.blanik.aero/ mandatory continuing airworthiness %EF%BB%BFcustomer_support. You information (MCAI) originated by the We estimate that this proposed AD may review this referenced service Civil Aviation Authority, which is the will affect 124 products of U.S. registry. information at the FAA, Small Airplane aviation authority for the Czech We also estimate that it would take Directorate, 901 Locust, Kansas City, Republic. That MCAI (AD CAA–AD–4– about 1 work-hour per product to Missouri 64106. For information on the 099/98, dated December 30, 1998) was comply with the basic requirements of availability of this material at the FAA, issued to correct an unsafe condition for this proposed AD. The average labor call (816) 329–4148. EVECTOR, spol. s.r.o. Models L 13 SEH rate is $85 per work-hour. Required VIVAT and L 13 SDM VIVAT gliders parts would cost about $10 per product. Examining the AD Docket and BLANIK LIMITED Models L–13 Based on these figures, we estimate the cost of the proposed AD on U.S. You may examine the AD docket on Blanik and L–13 AC Blanik gliders. The operators to be $11,780, or $95 per the Internet at http:// MCAI states: product. www.regulations.gov by searching for Colour marking of elevator drive is not and locating Docket No. FAA–2016– inspected or re-painted during sailplane Authority for This Rulemaking 4233; or in person at the Docket operation. The elevator drive is asymmetrical Title 49 of the United States Code Management Facility between 9 a.m. and improper installation causes significant specifies the FAA’s authority to issue and 5 p.m., Monday through Friday, elevator deflection changes. rules on aviation safety. Subtitle I, except Federal holidays. The AD docket You may examine the MCAI on the section 106, describes the authority of contains this proposed AD, the Internet at http://www.regulations.gov the FAA Administrator. ‘‘Subtitle VII: regulatory evaluation, any comments by searching for and locating Docket No. Aviation Programs,’’ describes in more received, and other information. The FAA–2016–4233. detail the scope of the Agency’s street address for the Docket Office A review of records since issuance of authority. (telephone (800) 647–5527) is in the AD 99–19–33 revealed that the FAA We are issuing this rulemaking under ADDRESSES section. Comments will be inadvertently did not address this MCAI the authority described in ‘‘Subtitle VII, available in the AD docket shortly after for the EVECTOR, spol. s.r.o. Models L Part A, Subpart III, Section 44701: receipt. 13 SEH VIVAT and L 13 SDM VIVAT General requirements.’’ Under that gliders and the BLANIK LIMITED FOR FURTHER INFORMATION CONTACT: Jim section, Congress charges the FAA with Model L–13 AC Blanik gliders. This Rutherford, Aerospace Engineer, FAA, promoting safe flight of civil aircraft in proposed AD would supersede AD 99– Small Airplane Directorate, 901 Locust, air commerce by prescribing regulations 19–13 to add the BLANIK LIMITED Room 301, Kansas City, Missouri 64106; for practices, methods, and procedures Model L–13 AC Blanik gliders to the telephone: (816) 329–4165; fax: (816) the Administrator finds necessary for applicability of the AD. 329–4090; email: jim.rutherford@ safety in air commerce. This regulation The FAA will address the EVECTOR, faa.gov. is within the scope of that authority spol. s.r.o. Models L 13 SEH VIVAT and because it addresses an unsafe condition L 13 SDM VIVAT gliders in another AD SUPPLEMENTARY INFORMATION: that is likely to exist or develop on action. Comments Invited products identified in this rulemaking Related Service Information Under 1 action. We invite you to send any written CFR Part 51 Regulatory Findings relevant data, views, or arguments about LET Aeronautical Works has issued this proposed AD. Send your comments LET Mandatory Bulletin MB No.: L13/ We determined that this proposed AD to an address listed under the 082a, dated December 10, 1998. The would not have federalism implications ADDRESSES section. Include ‘‘Docket No. service information describes under Executive Order 13132. This FAA–2016–4233; Directorate Identifier procedures for painting the left arm of proposed AD would not have a 2016–CE–003–AD’’ at the beginning of the elevator drive. This service substantial direct effect on the States, on your comments. We specifically invite information is reasonably available the relationship between the national comments on the overall regulatory, because the interested parties have Government and the States, or on the economic, environmental, and energy access to it through their normal course distribution of power and aspects of this proposed AD. We will of business or by the means identified responsibilities among the various consider all comments received by the in the ADDRESSES section of this NPRM. levels of government. closing date and may amend this For the reasons discussed above, I proposed AD because of those FAA’s Determination and Requirements certify this proposed regulation: comments. of the Proposed AD (1) Is not a ‘‘significant regulatory We will post all comments we This product has been approved by action’’ under Executive Order 12866, receive, without change, to http:// the aviation authority of another (2) Is not a ‘‘significant rule’’ under regulations.gov, including any personal country, and is approved for operation the DOT Regulatory Policies and information you provide. We will also in the United States. Pursuant to our Procedures (44 FR 11034, February 26, post a report summarizing each bilateral agreement with this State of 1979), substantive verbal contact we receive Design Authority, they have notified us (3) Will not affect intrastate aviation about this proposed AD. of the unsafe condition described in the in Alaska, and

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(4) Will not have a significant red) following the procedures in LET Issued in Kansas City, Missouri, on economic impact, positive or negative, Mandatory Bulletin MB No.: L13/082a, dated February 24, 2016. on a substantial number of small entities December 10, 1998. Robert P. Busto, under the criteria of the Regulatory (ii) As of November 8, 1999 (the effective Acting Manager, Small Airplane Directorate, Flexibility Act. date retained from AD 99–19–33), only Aircraft Certification Service. install an elevator bellcrank that has been [FR Doc. 2016–04542 Filed 3–3–16; 8:45 am] List of Subjects in 14 CFR Part 39 painted as specified in paragraph (f)(1)(i) of BILLING CODE 4910–13–P Air transportation, Aircraft, Aviation this AD and that has been properly oriented safety, Incorporation by reference, to make sure it is not being installed Safety. backward. DEPARTMENT OF TRANSPORTATION (2) Model L–13 AC Blanik gliders: The Proposed Amendment (i) Within the next 3 calendar months after Federal Aviation Administration Accordingly, under the authority the effective date of this AD, paint the delegated to me by the Administrator, elevator drive mechanism using a contrasting 14 CFR Part 39 the FAA proposes to amend 14 CFR part color (such as red) following the procedures [Docket No. FAA–2016–4232; Directorate 39 as follows: in LET Mandatory Bulletin MB No.: L13/ 082a, dated December 10, 1998. Identifier 2015–CE–043–AD] PART 39—AIRWORTHINESS (ii) As of the effective date of this AD, only RIN 2120–AA64 DIRECTIVES install an elevator bellcrank that has been painted as specified in paragraph (f)(2)(i) of Airworthiness Directives; EVECTOR, ■ 1. The authority citation for part 39 this AD and that has been properly oriented spol. s.r.o. Gliders continues to read as follows: to make sure it is not being installed AGENCY: Federal Aviation Authority: 49 U.S.C. 106(g), 40113, 44701. backward. Administration (FAA), Department of § 39.13 [Amended] (g) Other FAA AD Provisions Transportation (DOT). ■ 2. The FAA amends § 39.13 by The following provisions also apply to this ACTION: Notice of proposed rulemaking removing Amendment 39–11320 (64 FR AD: (NPRM). 50440; September 17, 1999), and adding (1) Alternative Methods of Compliance the following new AD: (AMOCs): The Manager, Standards Office, SUMMARY: We propose to adopt a new FAA, has the authority to approve AMOCs airworthiness directive (AD) for Blanik Limited: Docket No. FAA–2016–4233; for this AD, if requested using the procedures EVECTOR, spol. s.r.o. Model L 13 SEH Directorate Identifier 2016–CE–003–AD. found in 14 CFR 39.19. Send information to VIVAT and L 13 SDM VIVAT gliders (a) Comments Due Date ATTN: Jim Rutherford, Aerospace Engineer, (type certificate previously held by We must receive comments by April 18, FAA, Small Airplane Directorate, 901 Locust, AEROTECHNIK s.r.o.). This proposed 2016. Room 301, Kansas City, Missouri 64106; AD results from mandatory continuing telephone: (816) 329–4165; fax: (816) 329– (b) Affected ADs airworthiness information (MCAI) 4090; email: [email protected]. Before originated by an aviation authority of This AD replaces AD 99–19–33, using any approved AMOC on any airplane another country to identify and correct Amendment 39–11320 (64 FR 50440; to which the AMOC applies, notify your September 17, 1999) (‘‘AD 99–19–33’’). an unsafe condition on an aviation appropriate principal inspector (PI) in the product. The MCAI describes the unsafe (c) Applicability FAA Flight Standards District Office (FSDO), condition as lack of distinct color This AD applies to BLANIK LIMITED or lacking a PI, your local FSDO. marking of the elevator drive. We are Models L–13 Blanik and L–13 AC Blanik (2) Airworthy Product: For any requirement issuing this proposed AD to require gliders (type certificate previously by LET in this AD to obtain corrective actions from actions to address the unsafe condition Aeronautical Works), all serial numbers, a manufacturer or other source, use these on these products. certificated in any category. actions if they are FAA-approved. Corrective DATES: We must receive comments on (d) Subject actions are considered FAA-approved if they are approved by the State of Design Authority this proposed AD by April 18, 2016. Air Transport Association of America (or their delegated agent). You are required ADDRESSES: You may send comments by (ATA) Code 27: Flight Controls. to assure the product is airworthy before it any of the following methods: (e) Reason is returned to service. • Federal eRulemaking Portal: Go to This AD was prompted by mandatory (h) Related Information http://www.regulations.gov. Follow the continuing airworthiness information (MCAI) instructions for submitting comments. originated by an aviation authority of another Refer to MCAI Civil Aviation Authority AD • Fax: (202) 493–2251. country to identify and correct an unsafe CAA–AD–4–099/98, dated December 30, • Mail: U.S. Department of condition on an aviation product. The MCAI 1998, for related information. You may Transportation, Docket Operations, M– describes the unsafe condition as lack of examine the MCAI on the Internet at http:// 30, West Building Ground Floor, Room distinct color marking of the elevator drive. www.regulations.gov by searching for and W12–140, 1200 New Jersey Avenue SE., We are issuing this AD to prevent inadvertent locating Docket No. FAA–2016–4233. For backward installation of the elevator drive, Washington, DC 20590. service information related to this AD, • which could cause significant elevator contact Blanik Limited, 2nd Floor Beaux Hand Delivery: U.S. Department of deflection changes and lead to loss of control. Lane House, Mercer Street Lower, Dublin 2, Transportation, Docket Operations, M– 30, West Building Ground Floor, Room (f) Actions and Compliance Republic of Ireland; phone: +420 733 662 194; email: [email protected]; Internet: http:// W12–140, 1200 New Jersey Avenue SE., Unless already done, do the following www.blanik.aero/%EF%BB%BFcustomer_ Washington, DC 20590, between 9 a.m. actions in paragraphs (f)(1) and (f)(2) of this and 5 p.m., Monday through Friday, AD, including all subparagraphs: support. You may review this referenced (1) Model L–13 Blanik gliders: service information at the FAA, Small except Federal holidays. (i) Within the next 3 calendar months after Airplane Directorate, 901 Locust, Kansas For service information identified in November 8, 1999 (the effective date retained City, Missouri 64106. For information on the this proposed AD, contact EVEKTOR, from AD 99–19–33), paint the elevator drive availability of this material at the FAA, call spol. s.r.o, Letecka 1008, 686 04 mechanism using a contrasting color (such as (816) 329–4148. Kunovice, Czech Republic; phone: +420

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572 537 428; email: [email protected]; VIVAT and L 13 SDM VIVAT gliders about 1 work-hour per product to Internet: http://www.evektor.cz/en/ and BLANIK LIMITED Models L–13 comply with the basic requirements of sales-and-support. You may review this Blanik and L–13 AC Blanik gliders and this proposed AD. The average labor referenced service information at the was based on mandatory continuing rate is $85 per work-hour. Required FAA, Small Airplane Directorate, 901 airworthiness information originated by parts would cost about $10 per product. Locust, Kansas City, Missouri 64106. an aviation authority of another country. Based on these figures, we estimate For information on the availability of The MCAI states: the cost of the proposed AD on U.S. this material at the FAA, call (816) 329– Colour marking of elevator drive is not operators to be $855, or $95 per product. 4148. inspected or re-painted during sailplane Authority for This Rulemaking operation. The elevator drive is asymmetrical Examining the AD Docket and improper installation causes significant Title 49 of the United States Code You may examine the AD docket on elevator deflection changes. specifies the FAA’s authority to issue the Internet at http:// A review of records revealed that the rules on aviation safety. Subtitle I, www.regulations.gov by searching for FAA inadvertently did not address this section 106, describes the authority of and locating Docket No. FAA–2016– MCAI for the EVECTOR, spol. s.r.o. the FAA Administrator. ‘‘Subtitle VII: 4232; or in person at the Docket Models L 13 SEH VIVAT and L 13 SDM Aviation Programs,’’ describes in more Management Facility between 9 a.m. VIVAT gliders and the BLANIK detail the scope of the Agency’s and 5 p.m., Monday through Friday, LIMITED Model L–13 AC Blanik gliders. authority. except Federal holidays. The AD docket This proposed AD would address this We are issuing this rulemaking under contains this proposed AD, the MCAI for the EVECTOR, spol. s.r.o. the authority described in ‘‘Subtitle VII, regulatory evaluation, any comments Models L 13 SEH VIVAT and L 13 SDM Part A, Subpart III, Section 44701: received, and other information. The VIVAT gliders and would require General requirements.’’ Under that street address for the Docket Office painting or re-painting the elevator section, Congress charges the FAA with (telephone (800) 647–5527) is in the drive mechanism a contrasting color to promoting safe flight of civil aircraft in ADDRESSES section. Comments will be prevent the backward installation of the air commerce by prescribing regulations available in the AD docket shortly after elevator drive bellcrank. You may for practices, methods, and procedures receipt. examine the MCAI on the Internet at the Administrator finds necessary for FOR FURTHER INFORMATION CONTACT: Jim http://www.regulations.gov by searching safety in air commerce. This regulation Rutherford, Aerospace Engineer, FAA, for and locating Docket No. FAA–2016– is within the scope of that authority Small Airplane Directorate, 901 Locust, 4232. because it addresses an unsafe condition Room 301, Kansas City, Missouri 64106; The FAA will address the BLANIK that is likely to exist or develop on telephone: (816) 329–4165; fax: (816) LIMITED Model L–13 AC Blanik gliders products identified in this rulemaking 329–4090; email: in another AD action. action. [email protected]. Related Service Information Under 1 Regulatory Findings SUPPLEMENTARY INFORMATION: CFR Part 51 We determined that this proposed AD Comments Invited AEROTECHNIK CZ s.r.o. issued would not have federalism implications Mandatory Service Bulletin SEH 13– under Executive Order 13132. This We invite you to send any written 003a, dated December 15, 1998. The proposed AD would not have a relevant data, views, or arguments about service information describes substantial direct effect on the States, on this proposed AD. Send your comments procedures for painting the left arm of the relationship between the national to an address listed under the the elevator drive. This service Government and the States, or on the ADDRESSES section. Include ‘‘Docket No. information is reasonably available distribution of power and FAA–2016–4232; Directorate Identifier because the interested parties have responsibilities among the various 2015–CE–043–AD’’ at the beginning of access to it through their normal course levels of government. your comments. We specifically invite of business or by the means identified For the reasons discussed above, I comments on the overall regulatory, in the ADDRESSES section of this NPRM. certify this proposed regulation: economic, environmental, and energy (1) Is not a ‘‘significant regulatory FAA’s Determination and Requirements aspects of this proposed AD. We will action’’ under Executive Order 12866, consider all comments received by the of the Proposed AD (2) Is not a ‘‘significant rule’’ under closing date and may amend this This product has been approved by the DOT Regulatory Policies and proposed AD because of those the aviation authority of another Procedures (44 FR 11034, February 26, comments. country, and is approved for operation 1979), We will post all comments we in the United States. Pursuant to our (3) Will not affect intrastate aviation receive, without change, to http:// bilateral agreement with this State of in Alaska, and regulations.gov, including any personal Design Authority, they have notified us (4) Will not have a significant information you provide. We will also of the unsafe condition described in the economic impact, positive or negative, post a report summarizing each MCAI and service information on a substantial number of small entities substantive verbal contact we receive referenced above. We are proposing this under the criteria of the Regulatory about this proposed AD. AD because we evaluated all Flexibility Act. Discussion information and determined the unsafe condition exists and is likely to exist or List of Subjects in 14 CFR Part 39 The Civil Aviation Authority, which develop on other products of the same Air transportation, Aircraft, Aviation is the aviation authority for the Czech type design. safety, Incorporation by reference, Republic, has issued AD CAA–AD–4– Safety. 099/98, dated December 30, 1998 Costs of Compliance (referred to after this as ‘‘the MCAI’’), to We estimate that this proposed AD The Proposed Amendment correct an unsafe condition for will affect 9 products of U.S. registry. Accordingly, under the authority EVECTOR, spol. s.r.o. Models L 13 SEH We also estimate that it would take delegated to me by the Administrator,

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the FAA proposes to amend 14 CFR part Room 301, Kansas City, Missouri 64106; remarket, remanufacture, service, and 39 as follows: telephone: (816) 329–4165; fax: (816) 329– repair medical devices (hereafter termed 4090; email: [email protected]. Before ‘‘third-party entity or entities’’), PART 39—AIRWORTHINESS using any approved AMOC on any airplane including radiation-emitting devices DIRECTIVES to which the AMOC applies, notify your appropriate principal inspector (PI) in the subject to the electronic product radiation control (EPRC) provisions of ■ FAA Flight Standards District Office (FSDO), 1. The authority citation for part 39 the Federal Food, Drug, and Cosmetic continues to read as follows: or lacking a PI, your local FSDO. (2) Airworthy Product: For any requirement Act (the FD&C Act). FDA is taking this Authority: 49 U.S.C. 106(g), 40113, 44701. in this AD to obtain corrective actions from action, in part, because various a manufacturer or other source, use these stakeholders have expressed concerns § 39.13 [Amended] actions if they are FAA-approved. Corrective about the quality, safety, and continued ■ 2. The FAA amends § 39.13 by adding actions are considered FAA-approved if they effectiveness of medical devices that the following new AD: are approved by the State of Design Authority have been subject to one or more of (or their delegated agent). You are required EVECTOR, spol. s.r.o.: Docket No. FAA– to assure the product is airworthy before it these activities that are performed by 2016–4232; Directorate Identifier 2015– is returned to service. both original equipment manufacturers CE–043–AD. (OEM) and third parties, including (h) Related Information (a) Comments Due Date health care establishments. We are Refer to MCAI Civil Aviation Authority AD seeking comments from the widest We must receive comments by April 18, CAA–AD–4–099/98, dated December 30, 2016. range of interested persons, including 1998, for related information. You may those who are engaged in one or more (b) Affected ADs examine the MCAI on the Internet at of the activities noted previously or who http://www.regulations.gov by searching for None. and locating Docket No. FAA–2016–4232. utilize refurbished, reconditioned, (c) Applicability For service information related to this AD, rebuilt, remarketed, remanufactured, or third-party serviced and repaired This AD applies to EVECTOR, spol. s.r.o. contact EVEKTOR, spol. s.r.o, Letecka 1008, L 13 SEH VIVAT and L 13 SDM VIVAT 686 04 Kunovice, Czech Republic; phone: medical devices. gliders (type certificate previously held by +420 572 537 428; email: [email protected]; DATES: Submit either electronic or AEROTECHNIK s.r.o.), all serial numbers, Internet: http://www.evektor.cz/en/sales-and- written comments by May 3, 2016. certificated in any category. support. You may review this referenced service information at the FAA, Small ADDRESSES: You may submit comments (d) Subject Airplane Directorate, 901 Locust, Kansas as follows: Air Transport Association of America City, Missouri 64106. For information on the Electronic Submissions (ATA) Code 27: Flight Controls. availability of this material at the FAA, call (816) 329–4148. Submit electronic comments in the (e) Reason Issued in Kansas City, Missouri, on following way: This AD was prompted by mandatory February 24, 2016. • Federal eRulemaking Portal: http:// continuing airworthiness information (MCAI) Robert P. Busto, www.regulations.gov. Follow the originated by an aviation authority of another Acting Manager, Small Airplane Directorate, instructions for submitting comments. country to identify and correct an unsafe Comments submitted electronically, condition on an aviation product. The MCAI Aircraft Certification Service. including attachments, to http:// describes the unsafe condition as lack of [FR Doc. 2016–04573 Filed 3–3–16; 8:45 am] www.regulations.gov will be posted to distinct color marking of the elevator drive. BILLING CODE 4910–13–P We are issuing this AD to prevent inadvertent the docket unchanged. Because your backward installation of the elevator drive, comment will be made public, you are which could cause significant elevator solely responsible for ensuring that your DEPARTMENT OF HEALTH AND deflection changes and lead to loss of control. comment does not include any HUMAN SERVICES (f) Actions and Compliance confidential information that you or a third party may not wish to be posted, Unless already done, do the following Food and Drug Administration actions in paragraphs (f)(1) and (f)(2) of this such as medical information, your or AD. 21 CFR Part 820 anyone else’s Social Security number, or (1) Within the next 3 calendar months after confidential business information, such the effective date of this AD, paint the [Docket No. FDA–2016–N–0436] as a manufacturing process. Please note elevator drive mechanism using a contrasting that if you include your name, contact color (such as red) following the procedures Refurbishing, Reconditioning, information, or other information that in AEROTECHNIK CZ s.r.o. issued Rebuilding, Remarketing, identifies you in the body of your Mandatory Service Bulletin SEH 13–003a, Remanufacturing, and Servicing of comments, that information will be dated December 15, 1998. Medical Devices Performed by Third- posted on http://www.regulations.gov. (2) As of the effective date of this AD, only Party Entities and Original Equipment • If you want to submit a comment install an elevator bellcrank that has been Manufacturers; Request for Comments painted as specified in paragraph (f)(1) of this with confidential information that you AD and that has been properly oriented to AGENCY: Food and Drug Administration, do not wish to be made available to the make sure it is not being installed backward. HHS. public, submit the comment as a written/paper submission and in the (g) Other FAA AD Provisions ACTION: Notification; request for comments. manner detailed (see ‘‘Written/Paper The following provisions also apply to this Submissions’’ and ‘‘Instructions’’). AD: SUMMARY: The Food and Drug (1) Alternative Methods of Compliance Administration (FDA or we) is Written/Paper Submissions (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs announcing the establishment of a Submit written/paper submissions as docket to receive information and follows: for this AD, if requested using the procedures • found in 14 CFR 39.19. Send information to comments on the medical device Mail/Hand delivery/Courier (for ATTN: Jim Rutherford, Aerospace Engineer, industry and healthcare community that written/paper submissions): Division of FAA, Small Airplane Directorate, 901 Locust, refurbish, recondition, rebuild, Dockets Management (HFA–305), Food

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and Drug Administration, 5630 Fishers heading of this document, into the refurbish, recondition, rebuild, Lane, Rm. 1061, Rockville, MD 20852. ‘‘Search’’ box and follow the prompts remarket, remanufacture, service, and • For written/paper comments and/or go to the Division of Dockets repair medical devices may use submitted to the Division of Dockets Management, 5630 Fishers Lane, Rm. unqualified personnel to perform Management, FDA will post your 1061, Rockville, MD 20852. service, maintenance, refurbishment, comment, as well as any attachments, FOR FURTHER INFORMATION CONTACT: and device alterations on their except for information submitted, Valerie Flournoy, Center for Devices equipment and that the work performed marked and identified, as confidential, and Radiological Health, Food and Drug may not be adequately documented. if submitted as detailed in Administration, 10903 New Hampshire Possible public health issues arising ‘‘Instructions.’’ Ave., Silver Spring, MD 20993–0002, from these activities include ineffective Instructions: All submissions received 301–796–5495. recalls, disabled device safety features, must include the Docket No. FDA– SUPPLEMENTARY INFORMATION: and improper or unexpected device 2016–N–0436 for ‘‘Refurbishing, operation. OEMs have also requested Reconditioning, Rebuilding, I. Background clarification of their responsibilities Remarketing, Remanufacturing, and Over the past 20 years, the Center for when their devices have been altered by Servicing of Medical Devices Performed Devices and Radiological Health has a third-party entity. Federal Agencies by Third-Party Entities and Original sought to clarify our regulatory other than FDA address service and Equipment Manufacturers; Request for requirements and expectations, under maintenance activities as well. Comments.’’ Received comments will be part 820 (21 CFR part 820), to entities FDA is interested in comments placed in the docket and, except for servicing, refurbishing, rebuilding, concerning the service, maintenance, those submitted as ‘‘Confidential reconditioning, remarketing, and refurbishment, and alteration of medical Submissions,’’ publicly viewable at remanufacturing medical devices. In devices, including endoscopes (Ref. 3), http://www.regulations.gov or at the addition, FDA medical device by third-party entities. In addition, we Division of Dockets Management regulations include requirements that want to know more about the challenges between 9 a.m. and 4 p.m., Monday device manufacturers establish and third-party entities face in maintaining through Friday. maintain instructions and procedures • or restoring devices to their original or Confidential Submissions—To for servicing. However, in the Federal current specifications. This docket is submit a comment with confidential Register on December 4, 1998 (63 FR not intended to address the reprocessing information that you do not wish to be 67076), refurbishers and servicers of of single-use or reusable medical made publicly available, submit your medical devices were excluded from the devices. comments only as a written/paper requirement to comply with the 1997 FDA intends to hold a public meeting submission. You should submit two Quality System Regulation under part later in 2016 to further engage this copies total. One copy will include the 820. segment of the device industry and information you claim to be confidential Moreover, EPRC requirements of the healthcare community. The comments with a heading or cover note that states FD&C Act (Pub. L. 90–602, amended by submitted to this docket will help ‘‘THIS DOCUMENT CONTAINS Pub. L. 103–80), include provisions inform the content of the public CONFIDENTIAL INFORMATION.’’ The specific to manufacturers and meeting. Agency will review this copy, including assemblers of certified x-ray the claimed confidential information, in components. Under § 1020.30(c) (21 II. Issues for Consideration its consideration of comments. The CFR 1020.30(c)), manufacturers of A. Proposed Definitions of Third-Party second copy, which will have the diagnostic x-ray systems are responsible and OEM Activities claimed confidential information for providing assembly instructions redacted/blacked out, will be available adequate to assure compliance of their FDA is asking for assistance in for public viewing and posted on http:// components with the applicable defining the following terms specific to www.regulations.gov. Submit both performance standards when installed this document. These terms, while not copies to the Division of Dockets properly. Furthermore, under an exhaustive list, should capture and Management. If you do not wish your § 1020.30(d), assemblers are then encompass most of the activities name and contact information to be required to assemble, install, adjust, and performed on medical devices. While made publicly available, you can test the certified components according we suggest language for each term, we provide this information on the cover to the instructions of their respective are inviting interested persons to sheet and not in the body of your manufacturers. suggest revisions and any additional comments and you must identify this FDA has previously issued guidance terms that may help define third-party information as ‘‘confidential.’’ Any on these topics, including an and OEM activities including additional information marked as ‘‘confidential’’ Assembler’s Guide to Diagnostic X-ray activities that are not encompassed by will not be disclosed except in Equipment (Ref. 1) and Information the following suggested terms and all- accordance with 21 CFR 10.20 and other Disclosure by Manufacturers to encompassing terms that can include applicable disclosure law. For more Assemblers for Diagnostic X-ray some or all of the activities discussed in information about FDA’s posting of Systems (Ref. 2). Under the EPRC this section II.A. comments to public dockets, see 80 FR provision in 21 CFR 1040.10(h)(1)(i), 1. Recondition: Restores and/or 56469, September 18, 2015, or access manufacturers of laser products are refurbishes a medical device to the the information at: http://www.fda.gov/ required to provide instructions for OEM’s original specifications. Under regulatoryinformation/dockets/ assembly, operation, and maintenance, limited circumstances the medical default.htm. including warnings and precautions on device may be restored and/or Docket: For access to the docket to how to avoid exposure, and refurbished to current specifications. read background documents or the maintenance schedules to ensure 2. Service: Maintenance or repair of a electronic and written/paper comments product complies with requirements in finished device after distribution for received, go to http:// the standard. purposes of returning it to the safety and www.regulations.gov and insert the Stakeholders have expressed concerns performance specifications established docket number, found in brackets in the that some third-party entities who by the OEM and to meet its original

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intended use. Servicing cannot change 6. What information do third-party DEPARTMENT OF JUSTICE the intended use(s) of the device from entities need in order to perform these its original purpose(s). activities in a way that results in safe Drug Enforcement Administration 3. Repair: Return the device or and effective operation of the medical component to original specifications device? Please provide specific 21 CFR Part 1308 including replacing non-working examples. [Docket No. DEA–436] components or parts outside of routine 7. What additional challenges do or periodic upkeep for the current stakeholders encounter with devices Schedules of Controlled Substances: owner of the device. that result from these activities? Placement of 10 Synthetic Cathinones 4. Refurbish: Restore device to a Into Schedule I condition of safety and effectiveness III. Paperwork Reduction Act of 1995 AGENCY: Drug Enforcement that is comparable to when new. This This document refers to previously Administration, Department of Justice. includes reconditioning, repair, approved collections of information ACTION: Notice of proposed rulemaking. installation of certain software/ found in FDA regulations. These hardware updates that do not change collections of information are subject to SUMMARY: The Drug Enforcement the intended use of the original device, review by the Office of Management and Administration proposes placing 10 and replacement of worn parts. Budget (OMB) under the Paperwork synthetic cathinones: 4-methyl-N- 5. Remanufacture: Process, condition, Reduction Act of 1995 (44 U.S.C. 3501– ethylcathinone (4-MEC); 4-methyl- renovate, repackage, restore, or any 3520). The collections of information in alpha-pyrrolidinopropiophenone (4- other act done to a finished device that 21 CFR part 820 have been approved MePPP); alpha- significantly changes the finished under OMB control number 0910–0073; pyrrolidinopentiophenone (a-PVP); 1- device’s performance, safety the collections of information in 21 CFR (1,3-benzodioxol-5-yl)-2- specifications, or intended use. parts 1020 and 1040 have been (methylamino)butan-1-one (butylone); 6. Remarket: The act of facilitating the approved under OMB control number 2-(methylamino)-1-phenylpentan-1-one transfer of a previously owned device 0910–0025. (pentedrone); 1-(1,3-benzodioxol-5-yl)- from one party to another by sale, 2-(methylamino)pentan-1-one IV. References donation, gift, or lease. (pentylone); 4-fluoro-N- B. Evaluation of Risk Associated With The following references are on methylcathinone (4-FMC); 3-fluoro-N- These Third-Party and OEM Activities display in the Division of Dockets methylcathinone (3-FMC); 1- Management (see ADDRESSES) and are (naphthalen-2-yl)-2-(pyrrolidin-1- In addition to obtaining comments available for viewing by interested yl)pentan-1-one (naphyrone); alpha- that define the key terms applicable to persons between 9 a.m. and 4 p.m., pyrrolidinobutiophenone (a-PBP) and this issue, FDA believes that a need Monday through Friday; they are also their optical, positional, and geometric exists for interested persons to comment available electronically at http:// isomers, salts and salts of isomers into on the benefits and risks related to the www.regulations.gov. FDA has verified schedule I of the Controlled Substances previously defined activities. We invite the Web site addresses, as of the date Act. This proposed scheduling action is interested persons to comment on the this document publishes in the Federal pursuant to the Controlled Substances following questions: Register, but Web sites are subject to Act which requires that such actions be 1. Who are the different stakeholders change over time. made on the record after opportunity for involved with the medical device 1. Guidance for Industry and Food and Drug a hearing through formal rulemaking. If activities listed previously? What are Administration Staff on Assembler’s finalized, this action would impose the their respective roles? Guide to Diagnostic X-Ray Equipment. regulatory controls and administrative, 2. What evidence exists regarding Available at http://www.fda.gov/ civil, and criminal sanctions applicable actual problems with the safety and/or downloads/MedicalDevices/.../UCM257 to schedule I controlled substances on performance of devices that result from 783.pdf. persons who handle (manufacture, these activities? Specific examples 2. Guidance for Industry and FDA Staff on distribute, import, export, engage in should be submitted. Information Disclosure by Manufacturers research, conduct instructional 3. What are the potential risks to Assemblers for Diagnostic X-ray activities or chemical analysis, or Systems. Available at http:// (patients/users) and failure modes www.fda.gov/downloads/Radiation- possess), or propose to handle 4-MEC, 4- (devices) introduced as a result of EmittingProducts/ElectronicProduct MePPP, a-PVP, butylone, pentedrone, performing the previously defined RadiationControlProgram/Industry pentylone, 4-FMC, 3-FMC, naphyrone, activities on medical devices? Please Guidance/UCM136731.pdf. or a-PBP. speak to issues common to all devices 3. FDA Executive Summary: Effective DATES: Interested persons may file as well as specific risks with specific Reprocessing of Endoscopes Used in written comments on this proposal in devices. Endoscopic Retrograde accordance with 21 CFR 1308.43(g). Cholangiopancreatography (ERCP) 4. These activities are performed by Comments must be submitted OEMs and various third-party entities, Procedures, FDA. Available at http:// www.fda.gov/downloads/Advisory electronically or postmarked on or including hospitals and humanitarian Committees/Committees before April 4, 2016. Commenters organizations. Are the risks different MeetingMaterials/MedicalDevices/ should be aware that the electronic depending on who performs the MedicalDevicesAdvisoryCommittee/ Federal Docket Management System previously mentioned activities? Gastroenterology-UrologyDevicesPanel/ will not accept comments after 11:59 5. We are interested in knowing if UCM445592.pdf. p.m. Eastern Time on the last day of the these activities are more difficult or comment period. riskier to perform on certain devices Dated: February 26, 2016. Interested persons, defined at 21 CFR versus others. Please cite specific Leslie Kux, 1300.01 as those ‘‘adversely affected or examples in your response, along with Associate Commissioner for Policy. aggrieved by any rule or proposed rule an explanation of the source of this [FR Doc. 2016–04700 Filed 3–3–16; 8:45 am] issuable pursuant to section 201 of the particular complexity. BILLING CODE 4164–01–P Act (21 U.S.C. 811),’’ may file a request

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for hearing or waiver of hearing Posting of Public Comments 1308.45; 21 CFR part 1316, subpart D. pursuant to 21 CFR 1308.44 and in Please note that all comments In accordance with 21 CFR 1308.44 (a)– accordance with 21 CFR 1316.45 and/or received in response to this docket are (c), requests for hearing, notices of 1316.47, as applicable. Requests for considered part of the public record. appearance, and waivers of an hearing and waivers of an opportunity They will, unless reasonable cause is opportunity for a hearing or to for a hearing or to participate in a given, be made available by the Drug participate in a hearing may be hearing must be received on or before Enforcement Administration (DEA) for submitted only by interested persons, defined as those ‘‘adversely affected or April 4, 2016. public inspection online at http:// aggrieved by any rule or proposed rule ADDRESSES: www.regulations.gov. Such information To ensure proper handling issuable pursuant to section 201 of the includes personal identifying of comments, please reference ‘‘Docket Act (21 U.S.C. 811).’’ 21 CFR 1300.01. information (such as your name, No. DEA–436’’ on all correspondence, Such requests or notices must conform address, etc.) voluntarily submitted by including any attachments. to the requirements of 21 CFR 1308.44 the commenter. The Freedom of • Electronic comments: The Drug (a) or (b), and 1316.47 or 1316.48, as Information Act (FOIA) applies to all Enforcement Administration encourages applicable, and include a statement of comments received. If you want to that all comments be submitted interest of the person in the proceeding submit personal identifying information electronically through the Federal and the objections or issues, if any, eRulemaking Portal which provides the (such as your name, address, etc.) as concerning which the person desires to ability to type short comments directly part of your comment, but do not want be heard. Any waiver must conform to into the comment field on the Web page it to be made publicly available, you the requirements of 21 CFR 1308.44(c) or to attach a file for lengthier must include the phrase ‘‘PERSONAL and may include a written statement comments. Please go to http:// IDENTIFYING INFORMATION’’ in the regarding the interested person’s www.regulations.gov and follow the first paragraph of your comment. You position on the matters of fact and law online instructions at that site for must also place all of the personal involved in any hearing. submitting comments. Upon completion identifying information you do not want Please note that pursuant to 21 U.S.C. of your submission you will receive a made publicly available in the first 811(a), the purpose and subject matter Comment Tracking Number for your paragraph of your comment and identify of a hearing held in relation to this comment. Please be aware that what information you want redacted. rulemaking are restricted to: ‘‘(A) submitted comments are not If you want to submit confidential find[ing] that such drug or other instantaneously available for public business information as part of your substance has a potential for abuse, and view on Regulations.gov. If you have comment, but do not want it to be made (B) mak[ing] with respect to such drug received a Comment Tracking Number, publicly available, you must include the or other substance the findings your comment has been successfully phrase ‘‘CONFIDENTIAL BUSINESS prescribed by subsection (b) of section submitted and there is no need to INFORMATION’’ in the first paragraph 812 of this title for the schedule in resubmit the same comment. of your comment. You must also which such drug is to be placed . . .’’ • prominently identify confidential All requests for hearing and waivers of Paper comments: Paper comments business information to be redacted that duplicate the electronic submission participation must be sent to the DEA within the comment. using the address information provided are not necessary. Should you wish to Comments containing personal above. mail a paper comment in lieu of an identifying information and confidential electronic comment, it should be sent business information identified as Legal Authority via regular or express mail to: Drug directed above will generally be made The DEA implements and enforces Enforcement Administration, Attn: DEA publicly available in redacted form. If a Titles II and III of the Comprehensive Federal Register Representative/ODW, comment has so much confidential Drug Abuse Prevention and Control Act 8701 Morrissette Drive, Springfield, business information or personal of 1970, as amended. Titles II and III are Virginia 22152. identifying information that it cannot be referred to as the ‘‘Controlled • Hearing requests: All requests for effectively redacted, all or part of that Substances Act’’ and the ‘‘Controlled hearing and waivers of participation comment may not be made publicly Substances Import and Export Act,’’ must be sent to: Drug Enforcement available. Comments posted to http:// respectively, and are collectively Administration, Attn: Administrator, www.regulations.gov may include any referred to as the ‘‘Controlled 8701 Morrissette Drive, Springfield, personal identifying information (such Substances Act’’ or the ‘‘CSA’’ for the Virginia 22152. All requests for hearing as name, address, and phone number) purposes of this action. 21 U.S.C. 801– and waivers of participation should also included in the text of your electronic 971. The DEA publishes the be sent to: Drug Enforcement submission that is not identified as implementing regulations for these Administration, Attn: Hearing Clerk/LJ, directed above as confidential. statutes in title 21 of the Code of Federal 8701 Morrissette Drive, Springfield, An electronic copy of this document Regulations (CFR), chapter II. The CSA Virginia 22152; and (2) Drug and supplemental information to this and its implementing regulations are Enforcement Administration, Attn: DEA proposed rule are available at http:// designed to prevent, detect, and Federal Register Representative/ODW, www.regulations.gov for easy reference. eliminate the diversion of controlled 8701 Morrissette Drive, Springfield, substances and listed chemicals into the Request for Hearing or Waiver of Virginia 22152. illicit market while providing for the Participation in a Hearing legitimate medical, scientific, research, FOR FURTHER INFORMATION CONTACT: Pursuant to 21 U.S.C. 811(a), this and industrial needs of the United Barbara J. Boockholdt, Office of action is a formal rulemaking ‘‘on the States. Controlled substances have the Diversion Control, Drug Enforcement record after opportunity for a hearing.’’ potential for abuse and dependence and Administration; Mailing Address: 8701 Such proceedings are conducted are controlled to protect the public Morrissette Drive, Springfield, Virginia pursuant to the provisions of the health and safety. 22152; Telephone: (202) 598–6812. Administrative Procedure Act (APA), 5 Under the CSA, controlled substances SUPPLEMENTARY INFORMATION: U.S.C. 551–559. 21 CFR 1308.41– are classified into one of five schedules

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based upon their potential for abuse, 2-(methylamino)-1-phenylpentan-1-one have no known accepted medical use. their currently accepted medical use in (pentedrone); 1-(1,3-benzodioxol-5-yl)- They are not the subject of any treatment in the United States, and the 2-(methylamino)pentan-1-one approved new drug applications (NDAs) degree of dependence the substance (pentylone); 4-fluoro-N- or investigational new drug applications may cause. 21 U.S.C. 812. The initial methylcathinone (4-FMC); 3-fluoro-N- (INDs), and are not currently marketed schedules of controlled substances methylcathinone (3-FMC); 1- as approved drug products. The HHS established by Congress are found at 21 (naphthalen-2-yl)-2-(pyrrolidin-1- recommends that 4-MEC, 4-MePPP, a- U.S.C. 812(c), and the current list of yl)pentan-1-one (naphyrone); and alpha- PVP, butylone, pentedrone, pentylone, scheduled substances is published at 21 pyrrolidinobutiophenone (a-PBP) into 4-FMC, 3-FMC, naphyrone, and a-PBP CFR part 1308. schedule I of the CSA pursuant to the and their salts be placed into schedule Pursuant to 21 U.S.C. 811(a)(1), the temporary scheduling provisions of 21 I of the Controlled Substances Act Attorney General may, by rule, ‘‘add to U.S.C. 811(h). 79 FR 12938. That final (CSA). such a schedule or transfer between order, which became effective on the such schedules any drug or other Proposed Determination To Schedule 4- date of publication, was based on MEC, 4-MePPP, a-PVP, Butylone, substance if he (A) finds that such drug findings by the Deputy Administrator of or other substance has a potential for Pentedrone, Pentylone, 4-FMC, 3-FMC, the DEA that the temporary scheduling Naphyrone, and a-PBP abuse, and (B) makes with respect to of these 10 synthetic cathinones was such drug or other substance the necessary to avoid an imminent hazard Pursuant to 21 U.S.C. 811(a)(1), findings prescribed by subsection (b) of to public safety pursuant to 21 U.S.C. proceedings to add a drug or substance section 812 of this title for the schedule 811(h)(1). At the time the final order to those controlled under the CSA may in which such drug is to be placed . . .’’ took effect, section 201(h)(2) of the CSA be initiated by the Attorney General, or The Attorney General has delegated (21 U.S.C. 811(h)(2)), required that the her delegate, the DEA Administrator. On scheduling authority under 21 U.S.C. temporary scheduling of a substance December 30, 2014, the DEA requested 811 to the Administrator of the DEA. 28 expire at the end of two years from the scientific and medical evaluations and CFR 0.100. date of issuance of the scheduling order, scheduling recommendations from the The CSA provides that proceedings and it provided that, during the Assistant Secretary of Health for the a for the issuance, amendment, or repeal pendency of proceedings under 21 HHS for 4-MEC, 4-MePPP, -PVP, of the scheduling of any drug or other U.S.C. 811(a)(1) with respect to the butylone, pentedrone, pentylone, 4- FMC, 3-FMC, naphyrone, and a-PBP substance may be initiated by the substance, temporary scheduling of that pursuant to 21 U.S.C. 811(b). Upon Attorney General (1) on her own substance could be extended for up to receipt of the scientific and medical motion; (2) at the request of the 1 year. Pursuant to 21 U.S.C. 811(h)(2), evaluation and scheduling Secretary of the Department of Health the temporary scheduling of 4-MEC, 4- and Human Services (HHS); 1 or (3) on recommendations from the HHS on MePPP, a-PVP, butylone, pentedrone, the petition of any interested party. 21 March 2, 2016, the DEA reviewed the pentylone, 4-FMC, 3-FMC, naphyrone, U.S.C. 811(a). This proposed action is documents and all other relevant data, and a-PBP expires on March 6, 2016, supported by a recommendation from and conducted its own eight-factor unless extended. An extension of the the Assistant Secretary of the HHS and analysis of the abuse potential of 4- temporary order is being ordered by the an evaluation of all other relevant data MEC, 4-MePPP, a-PVP, butylone, DEA Administrator in a separate action. by the DEA. If finalized, this action pentedrone, pentylone, 4-FMC, 3-FMC, would impose the regulatory controls As described in the final order naphyrone, and a-PBP pursuant to 21 and administrative, civil, and criminal published on March 7, 2014, 4-MEC, 4- U.S.C. 811(c). Included below is a brief sanctions of schedule I controlled MePPP, a-PVP, butylone, pentedrone, summary of each of the eight factors as substances on any person who handles pentylone, 4-FMC, 3-FMC, naphyrone, analyzed by the HHS and the DEA, and or proposes to handle 4-MEC, 4-MePPP, and a-PBP are structurally and as considered by the DEA in its a-PVP, butylone, pentedrone, pharmacologically similar to proposed scheduling action. Please note pentylone, 4-;FMC, 3-FMC, naphyrone, amphetamine, 3,4- that both the DEA 8-Factor and the HHS or a-PBP. methylenedioxymethamphetamine 8-Factor analyses are available in their (MDMA), cathinone, and other related Background entirety under the tab ‘‘Supporting substances. While 4-MEC, 4-MePPP, a- Documents’’ of the public docket for On March 7, 2014, the DEA published PVP, butylone, pentedrone, pentylone, this action at http:// a final order in the Federal Register 4-FMC, 3-FMC, naphyrone, and a-PBP www.regulations.gov under Docket amending 21 CFR 1308.11(h) to have been used as research chemicals Number ‘‘DEA–436.’’ temporarily place 4-methyl-N- and/or studied due to their misuse and 1. The Drug’s Actual or Relative ethylcathinone (4-MEC); 4-methyl- abuse, based on the review of the Potential for Abuse: The term ‘‘abuse’’ is alpha-pyrrolidinopropiophenone (4- scientific literature, there are no known not defined in the CSA. However, the MePPP); alpha- currently accepted medical uses for legislative history of the CSA suggests pyrrolidinopentiophenone (a-PVP); 1- these substances. The Assistant that the DEA consider the following (1,3-benzodioxol-5-yl)-2- Secretary of Health for the U.S. criteria when determining whether a (methylamino)butan-1-one (butylone); Department of Health and Human particular drug or substance has a Services (HHS) has advised that there potential for abuse: 2 1 As discussed in a memorandum of are no exemptions or approvals in effect (a) There is evidence that individuals are understanding entered into by the Food and Drug for 4-MEC, 4-MePPP, a-PVP, butylone, taking the drug or drugs containing such a Administration (FDA) and the National Institute on pentedrone, pentylone, 4-FMC, 3-FMC, substance in amounts sufficient to create a Drug Abuse (NIDA), the FDA acts as the lead agency hazard to their health or to the safety of other within the HHS in carrying out the Secretary’s naphyrone, or a-PBP under section 505 scheduling responsibilities under the CSA, with the (21 U.S.C. 355) of the Federal Food, individuals or of the community; or concurrence of NIDA. 50 FR 9518, Mar. 8, 1985. Drug and Cosmetic Act. As stated by the 2 The Secretary of the HHS has delegated to the a Comprehensive Drug Abuse Prevention and Assistant Secretary for Health of the HHS the HHS, 4-MEC, 4-MePPP, -PVP, Control Act of 1970, H.R. Rep. No. 91–1444, 91st authority to make domestic drug scheduling butylone, pentedrone, pentylone, 4- Cong., Sess. 1 (1970); reprinted in 1970 recommendations. 58 FR 35460, July 1, 1993. FMC, 3-FMC, naphyrone, and a-PBP U.S.C.C.A.N. 4566, 4603.

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(b) There is significant diversion of the describe the effects of these substances mephedrone, MDPV, and methylone. drug or drugs containing such a substance to be similar to those of the schedule I Similar to schedule I and II stimulants, from legitimate drug channels; or cathinone substances MDPV, the 10 synthetic cathinone substances (c) Individuals are taking the drug or drugs mephedrone, and methylone and other affect monoamine transmission. The 10 containing such a substance on their own stimulant and hallucinogenic initiative rather than on the basis of medical synthetic cathinones, similar to advice from a practitioner licensed by law to substances to include methamphetamine, cocaine, MDMA, administer such drugs in the course of his methamphetamine, cocaine and MDMA. mephedrone, MDPV, methylone, and professional practice; or In particular, the responses in humans other related schedule I and II (d) The drug or drugs containing such a to the 10 synthetic cathinones are substances, bind to transporters for the substance are new drugs so related in their stimulant-like and include paranoia, dopamine, serotonin, and/or action to a drug or drugs already listed as agitation, palpitations, tachycardia, norephinephrine neurotransmitters and having a potential for abuse to make it likely hypertension, hyperthermia, and are uptake inhibitors of these that the drug will have the same potentiality seizures. Data from forensic databases neurotransmitters. Additionally, for abuse as such drugs, thus making it are used as indicators of illicit activity behavioral studies in animals reasonable to assume that there may be with drugs and abuse 3 within the significant diversions from legitimate demonstrate that the 10 synthetic channels, significant use contrary to or United States and include data from the cathinones produce locomotor behavior without medical advice, or that it has a System to Retrieve Information from and discriminative stimulus effects that substantial capability of creating hazards to Drug Evidence (STRIDE),4 STARLiMS, are similar to those of the schedule I and the health of the user or to the safety of the and the National Forensic Laboratory II substances methamphetamine and community. Information System (NFLIS).5 From cocaine. Furthermore, the 10 synthetic As described by the HHS, the abuse January 2010 through December 2015 cathinone produce rewarding properties potentials of 4-MEC, 4-MePPP, a-PVP, (query dates: February 10 & 11, 2016), as demonstrated in self-administration butylone, pentedrone, pentylone, 4- STRIDE, STARLiMS and NFLIS and conditioned place preference (CPP) FMC, 3-FMC, naphyrone, and a-PBP are databases registered a total of 20,090 studies. Drugs that have rewarding associated with their abilities to reports pertaining to the 10 synthetic effects in animals are likely to produce produce psychoactive effects that are cathinones (4–MEC—2,820 reports; 4- rewarding effects in humans, which is MePPP—438 reports; a-PVP—13,295 similar to those produced by indicative of abuse potential. Overall, reports; butylone—789 reports; mephedrone, methylone, MDPV, and these data indicate that the 10 synthetic pentedrone—1,645 reports; pentylone— other schedule I and II substances such cathinones produce pharmacological 411 reports; FMC—375 reports; as amphetamine, methamphetamine, effects and stimulant-like behaviors that naphyrone—84 reports; a-PBP—233 cocaine, methcathinone, and MDMA are similar to those of the schedule I reports). These drug reports represent that have a high potential for abuse. substances (MDMA, mephedrone, all of the 10 synthetic cathinones The substances 4–MEC, 4-MePPP, a- MDPV, methylone), as well as the reported to these databases by PVP, butylone, pentedrone, pentylone, schedule II stimulants participating DEA, State, local, and 4-FMC, 3-FMC, naphyrone, and a-PBP (methamphetamine and cocaine). other forensic laboratories. have no approved medical uses in the 3. The State of Current Scientific Consequently, the data indicate that United States and they have been Knowledge Regarding the Drug or Other these substances are being abused, and encountered on the illicit market with Substance: 4-MEC, 4-MePPP, a-PVP, they present safety hazards to the health adverse outcomes on the public health butylone, pentedrone, pentylone, 4- of individuals who consume them due and safety. Because these substances are FMC, 3-FMC, naphyrone, and a-PBP are to their stimulant properties, making not approved drug products, a synthetic cathinones (b-keto- them a hazard to the safety of the practitioner may not legally prescribe phenethylamines) of the larger community. them, and they cannot be dispensed to phenethylamine structural class 2. Scientific Evidence of the Drug’s an individual. Therefore, the use of (amphetamines, cathinones, 2C Pharmacological Effects, if Known: these substances is without medical compounds, aminoindanes, etc.). These Studies show that 4-MEC, 4-MePPP, a- advice, leading to the conclusion that substances share the core PVP, butylone, pentedrone, pentylone, the 10 synthetic cathinones are being phenethylamine structure with a keto 4-FMC, 3-FMC, naphyrone, and a-PBP abused for their psychoactive functional group [carbonyl (C=O)] at the produce pharmacological effects that are properties. There are no legitimate drug b-position and substitutions at the a- similar to those produced by schedule I channels for these synthetic cathinones position and on the phenyl ring and and II substances such as as marketed drugs but the DEA notes nitrogen atom. Available data methamphetamine, cocaine, MDMA, that the 10 synthetic cathinones have demonstrate that 4-MEC, 4-MePPP, a- use in scientific research. However, 3 While law enforcement data is not direct PVP, butylone, pentedrone, pentylone, despite the limited legitimate use of evidence of abuse, it can lead to an inference that 4-FMC, 3-FMC, naphyrone, and a-PBP these substances, reports from public a drug has been diverted and abused. See 76 FR are b-ketophenethylamines (i.e., health and law enforcement 77330, 77332, Dec. 12, 2011. synthetic cathinones) and are communicate that these substances are 4 STRIDE was a database that collected analyses structurally and pharmacologically of results from drug evidence sent to DEA being abused and taken in amounts laboratories. Evidence was submitted by the DEA, similar to amphetamine, MDMA, sufficient to create a hazard to an other Federal agencies, and select local law cathinone, mephedrone, methylone, individual’s health. This misuse is enforcement agencies. On October 1, 2014, MDPV, and other related substances. evidenced by emergency department STARLiMS replaced STRIDE as the DEA system of Metabolism studies demonstrate that record for forensic laboratory drug evidence data. admissions and deaths, representing a 5 NFLIS is a DEA program and a national forensic humans metabolize synthetic significant safety issue for those in the laboratory reporting system that systematically cathinones to their corresponding community. Papers published in the collects results from drug chemistry analyses amphetamines followed by reduction of medical literature (e.g., case reports) conducted by state and local forensic laboratories the beta-keto group to the corresponding a in the United States. The NFLIS database also related to 4-MEC, 4-MePPP, -PVP, contains Federal data from U.S. Customs and alcohol. According to the HHS, 4-MEC, butylone, pentedrone, pentylone, 4- Border Protection (CBP). NFLIS only includes drug 4-MePPP, a-PVP, butylone, pentedrone, FMC, 3-FMC, naphyrone, or a-PBP chemistry results from completed analyses. pentylone, 4-FMC, 3-FMC, naphyrone,

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and a-PBP have no known accepted substances is ingestion by swallowing exposure to some of the 10 synthetic medical use. They are not the subject of capsules or tablets, or nasal insufflation cathinones that demonstrate the public any approved new drug applications by snorting the powder tablets. health risks associated with these (NDAs) or investigational new drug Evidence from poison centers and substances. Serious adverse effects have applications (INDs), and are not published reports suggest that the main resulted in documented hospital ED currently marketed as approved drug users of methylone are young adults. admissions from the ingestion of products in the U.S or in any other There is evidence that these synthetic butylone, 4-FMC, or naphyrone. country. The HHS also states that there cathinone substances are ingested with Individuals under the influence of 4- are no reported clinical trials with the other substances including other MEC or a-PVP have acted violently and 10 synthetic cathinones. Accordingly, synthetic cathinones, common cutting unpredictably causing harm, or even the DEA is not aware of any accepted agents, or other recreational substances. death, to themselves or others. Butylone medical use for 4-MEC, 4-MePPP, a- 5. The Scope, Duration, and has been directly implicated in two PVP, butylone, pentedrone, pentylone, Significance of Abuse: 4-MEC, 4-MePPP, fatalities reported in the medical 4-FMC, 3-FMC, naphyrone, and a-PBP a-PVP, butylone, pentedrone, literature. Other synthetic cathinones, in the United States. In addition, pentylone, 4-FMC, 3-FMC, naphyrone, such as a-PVP, pentedrone, and although the chemistry of 4-MEC, 4- and a-PBP, like mephedrone, pentylone, have also been implicated in MePPP, a-PVP, butylone, pentedrone, methylone, and MDPV, are popular the deaths of individuals. Acute effects pentylone, 4-FMC, 3-FMC, naphyrone, recreational drugs. Evidence that these of these substances are those typical of and a-PBP is known and has been synthetic cathinone substances are a sympathomimeticagent (e.g., cocaine, reproduced, no studies have been being abused and trafficked is methamphetamine, amphetamine) and undertaken to evaluate the efficacy, confirmed by law enforcement include among other effects tachycardia, toxicology, and safety of these encounters of these substances and headache, palpitations, agitation, substances in humans. reports from national databases. anxiety, mydriasis, tremor, fever or Forensic laboratories have analyzed 4. Its History and Current Pattern of sweating, and hypertension. Other drug exhibits received from state, local, Abuse: 4-MEC, 4-MePPP, a-PVP, effects, with possible public health risk or Federal law enforcement agencies butylone, pentedrone, pentylone, 4- implications, that have been reported that were found to contain 4-MEC, 4- FMC, 3-FMC, naphyrone, and a-PBP are from the use of synthetic cathinone MePPP, a-PVP, butylone, pentedrone, substances include psychological effects synthetic cathinones that emerged on pentylone, 4-FMC, 3-FMC, naphyrone, the U.S. illicit drug market around the such as psychosis, paranoia, or a-PBP. NFLIS registered over 17,000 hallucinations, and agitation. Finally, time of the scheduling of mephedrone, reports from State, local, and other methylone, and MDPV on October 21, the possibility of death for individuals forensic laboratories identifying these abusing 4-MEC, 4-MePPP, a-PVP, 2011. These synthetic cathinone substances in drug-related reports for substances, like the schedule I synthetic butylone, pentedrone, pentylone, 4- the period from January 2010 to FMC, 3-FMC, naphyrone, and a-PBP cathinones (mephedrone, methylone, December 2015 from 47 states. STRIDE and MDPV), are promoted as being also indicates that these substances pose & STARLiMS registered over 2,000 a serious public health threat. In ‘legal’ alternatives to cocaine, reports from DEA forensic laboratories methamphetamine, and MDMA. As addition to the recognized harm from from January 2010 to December 2015. ingesting and abusing synthetic reported in the medical literature, a Encounters of 4-MEC, 4-MePPP, -PVP, cathinones, abusers risk harm when synthetic cathinones can induce butylone, pentedrone, pentylone, 4- they obtain these drugs through stimulant effects, especially under high FMC, 3-FMC, naphyrone, and a-PBP by unknown sources. Products containing dose conditions, including tachycardia, law enforcement have occurred in these synthetic cathinone substances palpitations, hypertension, tremor, several states. Additionally, large often do not bear labeling information seizures, hallucinations, paranoia, seizures of these substances have regarding their ingredients and if they delusions, hyperthermia, sweating, occurred by the U.S. Customs and do, they may not contain the expected headache, hyponatremia, and Border Protection (CBP). Concerns over active ingredients or identify the health rhabdomyolysis. Products that contain the abuse of these synthetic cathinone risks and potential hazards associated 4-MEC, 4-MePPP, a-PVP, butylone, substances have prompted many States with these products. Thus, the limited pentedrone, pentylone, 4-FMC, 3-FMC, to regulate them. These data naphyrone, and a-PBP are falsely demonstrate that 4-MEC, 4-MePPP, a- knowledge about product contents, its marketed as ‘‘research chemicals,’’ PVP, butylone, pentedrone, pentylone, purity and lack of information about its ‘‘jewelry cleaner,’’ ‘‘stain remover,’’ 4-FMC, 3-FMC, naphyrone, and a-PBP effects may pose another level of risk to ‘‘plant food or fertilizer,’’ ‘‘insect have a scope, duration, and significance users. repellants,’’ or ‘‘bath salts’’ and are sold of abuse that supports scheduling under 7. Its Psychic or Physiological at smoke shops, head shops, the CSA. Dependence Liability: The DEA is convenience stores, adult book stores, 6. What, if Any, Risk There is to the unaware of any clinical studies that and gas stations. They can also be Public Health: Available evidence on have evaluated the dependence purchased on the Internet under a the overall public health risks potential of 4-MEC, 4-MePPP, a-PVP, variety of product names (e.g., ‘‘White associated with the use of synthetic butylone, pentedrone, pentylone, 4- Dove,’’ ‘‘Explosion,’’ ‘‘Tranquility’’). cathinones indicates that 4-MEC, 4- FMC, 3-FMC, naphyrone, or a-PBP; They are commonly encountered in the MePPP, a-PVP, butylone, pentedrone, however, according to the HHS, form of powders, crystals, resins, pentylone, 4-FMC, 3-FMC, naphyrone, synthetic cathinones have rewarding tablets, and capsules. The packages of and a-PBP can cause acute health properties in rodents similar to those of these commercial products usually problems leading to emergency schedule II stimulants. Generally, there contain the warning ‘‘not for human department (ED) admissions, violent is a strong correlation between drugs consumption.’’ Information from behaviors causing harm to self or others, that serve as reinforcers in animals, and published scientific studies indicate or death. Law enforcement, forensic drugs associated with problems of that the most common routes of laboratories, case reports, and public addiction, dependence, or abuse by administration for synthetic cathinone health officials have reported toxic humans. In a self-administration study,

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a-PVP and pentedrone were self- methcathinone, MDMA, amphetamine, 823, 957, and 958, and in accordance administered by rodents. In the methamphetamine, and cocaine; with 21 CFR parts 1301 and 1312. intracranial self-stimulation (ICSS) 2. 4-MEC, 4-MePPP, a-PVP, butylone, 2. Security. 4–MEC, 4–MePPP, a–PVP, assay, a-PVP and 4-MEC significantly pentedrone, pentylone, 4-FMC, 3-FMC, butylone, pentedrone, pentylone, 4– a reduced the ICSS threshold compared to naphyrone, and -PBP have no currently FMC, 3–FMC, naphyrone, or a–PBP accepted medical use in treatment in the vehicle control. In drug discrimination United States; and would be subject to schedule I security studies, all 10 synthetic cathinone 3. There is a lack of accepted safety for use requirements and would need to be substances fully generalize to the of 4-MEC, 4-MePPP, a-PVP, butylone, handled and stored pursuant to 21 discriminative stimulus effects pentedrone, pentylone, 4-FMC, 3-FMC, U.S.C. 821 and 823, and in accordance produced by the schedule II naphyrone, and a-PBP under medical with 21 CFR 1301.71–1301.93. stimulants—cocaine and supervision. 3. Labeling and Packaging. All labels, labeling, and packaging for commercial methamphetamine. In conditioned place Based on these findings, the containers of 4–MEC, 4–MePPP, a–PVP, preference (CPP) studies, a-PBP, a-PVP, Administrator of the DEA concludes butylone, pentedrone, pentylone, 4– and pentedrone produce CPP in rodents. that 4-methyl-N-ethylcathinone (4- FMC, 3–FMC, naphyrone, or a–PBP Thus, these data indicate that 4-MEC, 4- MEC); 4-methyl-alpha- would need to be in compliance with 21 MePPP, a-PVP, butylone, pentedrone, pyrrolidinopropiophenone (4-MePPP); U.S.C. 825 and 958(e), and be in pentylone, 4-FMC, 3-FMC, naphyrone, alpha-pyrrolidinopentiophenone (a- accordance with 21 CFR part 1302. and a-PBP have behavioral and PVP); 1-(1,3-benzodioxol-5-yl)-2- rewarding properties in rodents similar 4. Quota. Only registered (methylamino)butan-1-one (butylone); manufacturers would be permitted to to those of schedule II stimulants and, 2-(methylamino)-1-phenylpentan-1-one consequently, psychic dependence on manufacture 4–MEC, 4–MePPP, a–PVP, (pentedrone); 1-(1,3-benzodioxol-5-yl)- butylone, pentedrone, pentylone, 4– these substances can develop and may 2-(methylamino)pentan-1-one contribute to the continued use among FMC, 3–FMC, naphyrone, or a–PBP in (pentylone); 4-fluoro-N- accordance with a quota assigned individuals who abuse them despite methylcathinone (4-FMC); 3-fluoro-N- their adverse consequences. pursuant to 21 U.S.C. 826, and in methylcathinone (3-FMC); 1- accordance with 21 CFR part 1303. 8. Whether the Substance is an (naphthalen-2-yl)-2-(pyrrolidin-1- Immediate Precursor of a Substance 5. Inventory. Any person who yl)pentan-1-one (naphyrone); alpha- becomes registered with the DEA on or Already Controlled Under the CSA: 4- pyrrolidinobutiophenone (a-PBP) and MEC, 4-MePPP, a-PVP, butylone, after the effective date of the final rule their optical, positional, and geometric must take an initial inventory of all pentedrone, pentylone, 4-FMC, 3-FMC, isomers, salts and salts of isomers, naphyrone, and a-PBP are not stocks of controlled substances warrant control in schedule I of the (including 4–MEC, 4–MePPP, a–PVP, considered immediate precursors of any CSA. 21 U.S.C. 812(b)(1). controlled substance of the CSA. butylone, pentedrone, pentylone, 4– Conclusion: After considering the Requirements for Handling 4–MEC, 4– FMC, 3–FMC, naphyrone, and a–PBP) scientific and medical evaluation MePPP, a–PVP, Butylone, Pentedrone, on hand on the date the registrant first conducted by the HHS, the HHS’s Pentylone, 4–FMC, 3–FMC, Naphyrone, engages in the handling of controlled recommendation, and the DEA’s own and a–PBP substances pursuant to 21 U.S.C. 827 and 958, and in accordance with 21 CFR eight-factor analysis, the DEA finds that If this rule is finalized as proposed, 4– the facts and all relevant data constitute 1304.03, 1304.04, and 1304.11. MEC, 4–MePPP, a–PVP, butylone, After the initial inventory, every DEA substantial evidence of the potential for pentedrone, pentylone, 4–FMC, 3–FMC, abuse of 4-MEC, 4-MePPP, a-PVP, registrant must take a new inventory of naphyrone, and a–PBP would all stocks of controlled substances butylone, pentedrone, pentylone, 4- 6 continue to be subject to the regulatory (including 4–MEC, 4–MePPP, a–PVP, FMC, 3-FMC, naphyrone, and a-PBP. As controls and administrative, civil, and such, the DEA hereby proposes to butylone, pentedrone, pentylone, 4– criminal sanctions applicable to the FMC, 3–FMC, naphyrone, and a–PBP) schedule 4-MEC, 4-MePPP, a-PVP, manufacture, distribution, possession, butylone, pentedrone, pentylone, 4– on hand every two years pursuant to 21 importing, research, conduct of U.S.C. 827 and 958, and in accordance FMC, 3-FMC, naphyrone, and a-PBP as instructional activities, and exporting of controlled substances under the CSA. with 21 CFR 1304.03, 1304.04, and schedule I controlled substances, 1304.11. Proposed Determination of Appropriate including the following: 6. Records and Reports. Every DEA Schedule 1. Registration. Any person who registrant would be required to maintain The CSA establishes five schedules of handles (manufactures, distributes, records and submit reports with respect controlled substances known as dispenses, imports, exports, engages in to 4–MEC, 4–MePPP, a–PVP, butylone, schedules I, II, III, IV, and V. The CSA research, conducts instructional pentedrone, pentylone, 4–FMC, 3–FMC, also outlines the findings required to activities or chemical analysis with, or naphyrone, and/ or a–PBP pursuant to place a drug or other substance in any possesses) 4–MEC, 4–MePPP, a–PVP, 21 U.S.C. 827 and 958(e), and in particular schedule. 21 U.S.C. 812(b). butylone, pentedrone, pentylone, 4– accordance with 21 CFR parts 1304 and After consideration of the analysis and FMC, 3–FMC, naphyrone, or a–PBP, or 1312. recommendation of the Assistant who desires to handle 4–MEC, 4– 7. Order Forms. Every DEA registrant Secretary for the HHS and review of all MePPP, a–PVP, butylone, pentedrone, who distributes 4–MEC, 4–MePPP, a– other available data, the Administrator pentylone, 4–FMC, 3–FMC, naphyrone, PVP, butylone, pentedrone, pentylone, of the DEA, pursuant to 21 U.S.C. 811(a) or a–PBP would be required to be 4–FMC, 3–FMC, naphyrone, or a–PBP and 21 U.S.C. 812(b)(1), finds that: registered with the DEA to conduct such would be required to comply with the activities pursuant to 21 U.S.C. 822, order form requirements, pursuant to 21 1. 4-MEC, 4-MePPP, a-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, U.S.C. 828, and 21 CFR part 1305. 6 4–MEC, 4–MePPP, a–PVP, butylone, 8. Importation and Exportation. All naphyrone, and a-PBP have a high potential pentedrone, pentylone, 4–FMC, 3–FMC, naphyrone, for abuse that is comparable to other or a–PBP are currently subject to schedule I importation and exportation of 4–MEC, schedule I and schedule II substances such controls on a temporary basis, pursuant to 21 U.S.C. 4–MePPP, a–PVP, butylone, as mephedrone, methylone, MDPV, 811(h). 79 FR 12938, Mar. 7, 2014. pentedrone, pentylone, 4–FMC, 3–FMC,

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naphyrone, or a–PBP would need to be this proposed rule and by approving it, Paperwork Reduction Act of 1995. 44 in compliance with 21 U.S.C. 952, 953, certifies that it will not have a U.S.C. 3501–3521. This action would 957, and 958, and in accordance with 21 significant economic impact on a not impose recordkeeping or reporting CFR part 1312. substantial number of small entities. On requirements on State or local 9. Liability. Any activity involving 4– March 7, 2014, the DEA published a governments, individuals, businesses, or MEC, 4–MePPP, a–PVP, butylone, final order to temporarily place 4–MEC, organizations. An agency may not pentedrone, pentylone, 4–FMC, 3–FMC, 4–MePPP, a–PVP, butylone, conduct or sponsor, and a person is not naphyrone, or a–PBP not authorized by, pentedrone, pentylone, 4–FMC, 3–FMC, required to respond to, a collection of or in violation of, the CSA or its naphyrone, and a–PBP into schedule I information unless it displays a implementing regulations would be of the CSA pursuant to the temporary currently valid OMB control number. unlawful, and could subject the person scheduling provisions of 21 U.S.C. to administrative, civil, and/ or criminal 811(h). The DEA estimates that all List of Subjects in 21 CFR Part 1308 sanctions. entities handling or planning to handle Administrative practice and Regulatory Analyses 4–MEC, 4–MePPP, a–PVP, butylone, procedure, Drug traffic control, pentedrone, pentylone, 4–FMC, 3–FMC, Reporting and recordkeeping Executive Orders 12866 and 13563 naphyrone, or a–PBP are currently requirements. In accordance with 21 U.S.C. 811(a), registered to handle these substances. this proposed scheduling action is There are currently 43 registrations For the reasons set out above, 21 CFR subject to formal rulemaking procedures authorized to handle 4–MEC, 4–MePPP, part 1308 is proposed to be amended to done ‘‘on the record after opportunity a–PVP, butylone, pentedrone, read as follows: for a hearing,’’ which are conducted pentylone, 4–FMC, 3–FMC, naphyrone, PART 1308—SCHEDULES OF pursuant to the provisions of 5 U.S.C. or a–PBP, as well as a number of CONTROLLED SUBSTANCES 556 and 557. The CSA sets forth the registered analytical labs that are criteria for scheduling a drug or other authorized to handle schedule I substance. Such actions are exempt controlled substances generally. These ■ 1. The authority citation for 21 CFR from review by the Office of 43 registrations represent 31 entities, of part 1308 continues to read as follows: Management and Budget (OMB) which 11 are small entities. Therefore, Authority: 21 U.S.C. 811, 812, 871(b), pursuant to section 3(d)(1) of Executive the DEA estimates that 11 small entities unless otherwise noted. are affected by this proposed rule. Order 12866 and the principles ■ 2. In § 1308.11: reaffirmed in Executive Order 13563. A review of the 43 registrations indicates that all entities that currently ■ a. Add paragraphs (d)(58) through Executive Order 12988 handle 4–MEC, 4–MePPP, a–PVP, (d)(67); This proposed regulation meets the butylone, pentedrone, pentylone, 4– ■ b. Remove paragraphs (h)(11) through applicable standards set forth in FMC, 3–FMC, naphyrone, or a–PBP also (h)(20), sections 3(a) and 3(b)(2) of Executive handle other schedule I controlled ■ c. Redesignate paragraphs (h)(21) Order 12988 to eliminate drafting errors substances, and have established and through (h)(25) as (h)(11) through and ambiguity, minimize litigation, implemented (or currently maintain) the (h)(15); provide a clear legal standard for systems and processes required to affected conduct, and promote handle 4–MEC, 4–MePPP, a–PVP, The additions to read as follows: simplification and burden reduction. butylone, pentedrone, pentylone, 4– FMC, 3–FMC, naphyrone, or a–PBP. § 1308.11 Schedule I. Executive Order 13132 Therefore, the DEA anticipates that this * * * * * This proposed rulemaking does not proposed rule will impose minimal or (d) * * * have federalism implications warranting no economic impact on any affected (58) 4–methyl–N–ethylcathinone the application of Executive Order entities; and thus, will not have a (4MEC) ...... (1249) 13132. The proposed rule does not have significant economic impact on any of (59) 4–methyl–alpha– substantial direct effects on the States, the 11 affected small entities. Therefore, pyrrolidinopropiophenone (4– on the relationship between the national the DEA has concluded that this MePPP) ...... (7498) government and the States, or the proposed rule will not have a significant (60) alpha– distribution of power and effect on the small entities. pyrrolidinopentiophenone (a– responsibilities among the various PVP) ...... (7545) Unfunded Mandates Reform Act of 1995 levels of government. (61) 1–(1,3–benzodioxol–5–yl)–2– In accordance with the Unfunded (methylamino)butan–1–one Executive Order 13175 Mandates Reform Act (UMRA) of 1995, (butylone, bk–MB ...... (7541) This proposed rule does not have 2 U.S.C. 1501 et seq., the DEA has (62) 2–(methylamino)–1– determined and certifies that this action phenylpentan–1–one tribal implications warranting the (pentedrone) ...... (1246) application of Executive Order 13175. It would not result in any Federal (63) 1–(1,3–benzodioxol–5–yl)–2– does not have substantial direct effects mandate that may result ‘‘in the (methylamino)pentan–1–one on one or more Indian tribes, on the expenditure by State, local, and tribal (pentylone, bk–MBDP) ...... (7542) relationship between the Federal governments, in the aggregate, or by the (64) 4–fluoro–N–methylcathinone Government and Indian tribes, or on the private sector, of $100,000,000 or more (4–FMC; flephedrone)...... (1238) distribution of power and (adjusted for inflation) in any one year (65) 3–fluoro–N–methylcathinone responsibilities between the Federal . . .’’ Therefore, neither a Small (3–FMC) ...... (1233) Government and Indian tribes. Government Agency Plan nor any other (66) 1–(naphthalen–2–yl)–2– action is required under UMRA of 1995. (pyrrolidin–1–yl)pentan–1–one Regulatory Flexibility Act (naphyrone)...... (1258) The Administrator, in accordance Paperwork Reduction Act of 1995 (67) alpha– with the Regulatory Flexibility Act This action does not impose a new pyrrolidinobutiophenone ...... (7546) (RFA), 5 U.S.C. 601–602, has reviewed collection of information under the * * * * *

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Dated: March 2, 2016. Internal Revenue Service, Room 5203, 1(a) and (d) and require executors and Chuck Rosenberg, P.O. Box 7604, Ben Franklin Station, other persons required to file a return Acting Administrator. Washington, DC 20044. Submissions under section 6018 to furnish a [FR Doc. 2016–05002 Filed 3–3–16; 8:45 am] may be hand delivered Monday through statement to the IRS and to each BILLING CODE 4410–09–P Friday between the hours of 8 a.m. and beneficiary providing information 4 p.m. to CC:PA:LPD:PR (REG–127923– regarding the value of the property the 15), Courier’s Desk, Internal Revenue beneficiary acquires from the decedent. Service, 1111 Constitution Avenue NW., The IRS will use this information to DEPARTMENT OF THE TREASURY Washington, DC 20224; or sent determine whether the beneficiary (or Internal Revenue Service electronically via the Federal transferee) reports a basis for that eRulemaking Portal at http:// property that is consistent with the 26 CFR Parts 1 and 301 www.regulations.gov (IRS–REG– value of that property as finally 127923–15). determined for Federal estate tax [REG–127923–15] FOR FURTHER INFORMATION CONTACT: purposes when the beneficiary (or transferee) depreciates the property, or RIN 1545–BM97 Concerning the proposed regulations, Theresa M. Melchiorre, at (202) 317– sells, exchanges, or otherwise disposes Consistent Basis Reporting Between 6859; concerning submissions of of some or all of that property in Estate and Person Acquiring Property comments or, to request a hearing, transactions that result in the From Decedent Regina Johnson, at (202) 317–6901 (not recognition of gain or loss for Federal toll-free numbers). income tax purposes. AGENCY: Internal Revenue Service (IRS), SUPPLEMENTARY INFORMATION: The collection of information may Treasury. vary depending on the property ACTION: Notice of proposed rulemaking, Paperwork Reduction Act includible in the gross estate and the and notice of proposed rulemaking by The collection of information number of beneficiaries receiving the cross-reference to temporary contained in this notice of proposed property. The following estimates are regulations. rulemaking has been submitted to the based on the information that is Office of Management and Budget for available to the IRS. A respondent may SUMMARY: This document contains review in accordance with the require more or less time, depending on proposed regulations that provide Paperwork Reduction Act of 1995 (44 the circumstances. guidance regarding the requirement that U.S.C. 3507(d). Comments on the Estimated total annual reporting a recipient’s basis in certain property collection of information should be sent burden. The estimated total annual acquired from a decedent be consistent to the Office of Management and reporting burden per respondent is 5.31 with the value of the property as finally Budget, Attn: Desk Officer for the hours. determined for Federal estate tax Department of the Treasury, Office of Estimated annual number of purposes. In addition, these proposed Information and Regulatory Affairs, respondents. The estimated annual regulations provide guidance on the Washington, DC 20503, with copies to number of respondents is 10,000. reporting requirements for executors or the Internal Revenue Service, Attn: IRS An agency may not conduct or other persons required to file Federal Reports Clearance Officer, sponsor, and a person is not required to estate tax returns. Temporary SE:W:CAR:MP:T:T:SP, Washington, DC respond to, a collection of information regulations in the Rules and Regulations 20224. Comments on the collection of unless it displays a valid control section of this issue of the Federal information should be received by May number assigned by the Office of Register provide transition relief to 3, 2016. Management and Budget. executors and other persons required to Comments are specifically requested Books or records relating to a file or furnish certain statements. The concerning: collection of information must be text of those temporary regulations (TD Whether the proposed collection of retained as long as their contents may 9757) published in the Rules and information is necessary for the proper become material in the administration Regulations section of this issue of the performance of the functions of the of any internal revenue law. Generally, Federal Register also serves as the text Internal Revenue Service (IRS), tax returns and tax return information of the proposed regulations regarding including whether the information will are confidential, as required by 26 the transition relief. These proposed have practical utility; U.S.C. 6103. regulations as well as TD 9757 The accuracy of the estimated burden Background published elsewhere in the Rules and associated with the proposed collection Regulations section of this issue of this of information; 1. Overview Federal Register affect executors or How the quality, utility, and clarity of On July 31, 2015, the President of the other persons who file estate tax returns the information to be collected may be United States signed into law H.R. 3236, after July 31, 2015. The proposed enhanced; the Surface Transportation and regulations also affect beneficiaries who How the burden of complying with Veterans Health Care Choice acquire certain property from these the proposed collection of information Improvement Act of 2015, Public Law estates, and subsequent transferees to may be minimized, including through 114–41, 129 Stat. 443 (Act). Section whom beneficiaries transfer the the application of automated collection 2004 of the Act enacted sections 1014(f), property in transactions that do not techniques or other forms of information 6035, 6662(b)(8), 6662(k), 6724(d)(1)(D), result in the recognition of gain or loss technology; and and 6724(d)(2)(II) of the Internal for Federal income tax purposes. Estimates of capital or start-up costs Revenue Code (Code). This document DATES: Written or electronic comments and costs of operation, maintenance, contains proposed regulations that and requests for a public hearing must and purchase of service to provide amend 26 CFR parts 1 and 301 under be received by June 2, 2016. information. those Code provisions to achieve ADDRESSES: Send submissions to: The reporting requirements in these consistency between a recipient’s basis CC:PA:LPD:PR (REG–127923–15), proposed regulations are in § 1.6035– in certain property acquired from a

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decedent and the value of the property Section 6035(a)(2) provides that each delayed until February 29, 2016, the due as finally determined for Federal estate person required to file a return under date for any statements required under tax purposes. This notice of proposed section 6018(b) must furnish to the section 6035(a)(3)(A) to be provided rulemaking also cross-references to Secretary and to each other person who before February 29, 2016. The notice temporary regulations (TD 9757) holds a legal or beneficial interest in the also stated that the Treasury Department published in the Rules and Regulations property to which the return relates a and the IRS expect to issue additional section of this issue of the Federal statement identifying the information guidance to assist taxpayers in Register, which provide transition relief described in section 6035(a)(1). complying with sections 1014(f) and to certain persons required to file or Section 6035(a)(3)(A) provides that 6035 and invited comments. The furnish statements under section 6035. this statement is due no later than the Treasury Department and the IRS This document also proposes to remove earlier of (i) 30 days after the due date received numerous comments in from 26 CFR part 1 regulations under of the return under section 6018 response to the notice and considered former section 6035 as a result of the (including extensions, if any) or (ii) 30 all comments in the drafting of the repeal of that Code provision in 2004. days after the date the return is filed. If proposed regulations. The comments are there is an adjustment to the 2. Summary of New Statutory discussed in more detail in this information required to be included on Framework preamble. this statement, section 6035(a)(3)(B) A. Section 1014(f) requires the executor (or other person 4. Notice 2016–19 Section 1014(f) imposes an obligation required to file the statement) to provide On February 11, 2016, the Treasury of consistency between the basis of a supplemental statement to the Department and the IRS issued Notice certain inherited property and the value Secretary and to each affected 2016–19, 2016–09 IRB 362. That notice of that property for Federal estate tax beneficiary no later than 30 days after provides that executors or other persons purposes. the adjustment is made. required to file or furnish a statement Section 1014(f)(1) provides that the Section 6035(b) authorizes the under section 6035(a)(1) or (a)(2) before basis of property acquired from a Secretary to prescribe regulations to March 31, 2016, need not do so until decedent cannot exceed that property’s carry out section 6035, including March 31, 2016. final value for purposes of the Federal regulations relating to (1) the application of this section to property to Summary of Comments on Notice 2015– estate tax imposed on the estate of the 57 and Explanation of Provisions decedent, or, if the final value has not which no Federal estate tax return is been determined, the value reported on required to be filed, and (2) situations in 1. Section 1014(f)(1)—Consistency of a statement required by section 6035(a). which the surviving joint tenant or other Basis With Estate Tax Return recipient may have better information Section 1014(f)(2) provides that The general rule of section 1014 is than the executor regarding the basis or section 1014(f)(1) only applies to that the basis of property received from fair market value of the property. property the inclusion of which in the a decedent (or as a result of a decedent’s decedent’s gross estate increased the C. Penalties Under Sections 6662, 6721, death) is that property’s fair market estate’s liability for the Federal estate and 6722 value on the decedent’s date of death (or tax (reduced by credits allowable Section 2004(c) of the Act added a the alternate valuation date, if elected). against the tax). Newly enacted section 1014(f)(1) Section 1014(f)(3) provides that, for new accuracy-related penalty for provides that the basis of certain purposes of section 1014(f)(1), the basis underpayments attributable to an property acquired from a decedent of property has been determined for inconsistent estate basis. See section cannot exceed that property’s final Federal estate tax purposes if (A) the 6662(b)(8). value as determined for Federal estate value of the property is shown on a Section 6662(k) provides that there is tax purposes. If no final value has been return under section 6018 and that an inconsistent estate basis if the basis determined when the taxpayer’s basis in value is not contested by the Secretary of property claimed on a return exceeds before the expiration of the time for the basis as determined under section the property becomes relevant for assessing the estate tax; (B) in a case not 1014(f). Federal tax purposes, for example, to described in (A), the value is specified Section 2004(c) of the Act adds calculate depreciation or amortization, by the Secretary and that value is not statements under section 6035 to the list or to calculate gain or loss on the sale, timely contested by the executor of the of information returns and payee exchange or disposition of the property, estate; or (C) the value is determined by statements subject to the penalties the taxpayer uses the value reported on a court or pursuant to a settlement under section 6721 and section 6722, the statement required by section agreement with the Secretary. respectively. Specifically, the Act adds 6035(a) (the fair market value reported new paragraph (D) to section 6724(d)(1) on the Federal estate tax return) to B. Section 6035 to provide that the term information determine the taxpayer’s basis for Section 6035 requires the reporting, return means any statement required to Federal tax purposes. both to the IRS and the beneficiary, of be filed with the Secretary under section Proposed § 1.1014–10(a)(1) provides the value of property included on a 6035. The Act also adds new paragraph that a taxpayer’s initial basis in certain required Federal estate tax return. (II) to section 6724(d)(2) to provide that property acquired from a decedent may Section 6035(a)(1) provides that the the term payee statement means any not exceed the final value of the executor of any estate required to file a statement required to be furnished property as that term is defined in return under section 6018(a) must under section 6035 (other than a § 1.1014–10(c). This limitation applies furnish, both to the Secretary and to the statement described in section to the property whenever the taxpayer person acquiring any interest in 6724(d)(1)(D)). reports to the IRS a taxable event with property included in the estate, a respect to the property (for example, statement identifying the value of each 3. Notice 2015–57 depreciation or amortization) and interest in the property as reported on On August 21, 2015, the Treasury continues to apply until the property is the return and any other information as Department and the IRS issued Notice sold, exchanged, or otherwise disposed the Secretary may prescribe. 2015–57, 2015–36 IRB 294. That notice of in one or more transactions that result

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in the recognition of gain or loss for tax liability payable by the decedent’s the final value is the value determined Federal income tax purposes. The estate. Proposed § 1.1014–10(b) defines in an agreement that is binding on all property for this purpose includes any this property as property includible in parties, or the value determined by a other property the basis of which is the gross estate under section 2031, as court once the court’s determination is determined in whole or in part by well as property subject to tax under final. reference to the basis of the property section 2106, that generates a Federal Proposed § 1.1014–10(c)(2) provides acquired from the estate or as a result estate tax liability in excess of allowable that the recipient of property to which of the death of the decedent (for credits. The proposed regulations the consistency requirement applies example as the result of a like-kind specifically exclude all property may not claim a basis in excess of the exchange or involuntary conversion). reported on a Federal estate tax return value reported on the statement required to be filed by section 6018 if required to be furnished under section 2. Effect of Other Provisions of the Code no Federal estate tax is imposed upon 6035(a) (the value shown on the Federal That Govern Basis the estate due to allowable credits (other estate tax return) if the taxpayer’s basis Section 6662(b)(8) imposes an than a credit for a prepayment of that in the property is relevant for any accuracy-related penalty on the portion tax). In cases where Federal estate tax is purpose under the Internal Revenue of any underpayment of tax required to imposed on the estate, the proposed Code before the final value of that be shown on a return that is attributable regulations exclude property that property has been determined under to an inconsistent estate basis. Under qualifies for a charitable or marital proposed § 1.1014–10(c)(1). However, newly enacted section 6662(k), an deduction under section 2055, 2056, or under section 1014(f)(1), basis cannot inconsistent estate basis arises if the 2056A because this property does not exceed the property’s final value. basis of property claimed on a return increase the Federal estate tax liability. Therefore, proposed § 1.1014–10(c)(2) exceeds its final value as determined In addition, the proposed regulations provides that, if the final value is under section 1014(f). exclude any tangible personal property determined before the period of Commenters have expressed concern for which an appraisal is not required limitation on assessment expires for any that section 1014(f) and section 6662(k) under § 20.2031–6(b) (relating to the Federal income tax return of the appear to prohibit otherwise permissible valuation of certain household and recipient on which the taxpayer’s basis adjustments to the basis of property as personal effects) because of its value. is relevant and the final value differs a result of post-death events. In Thus, if any Federal estate tax liability from the initial basis claimed with response, proposed §§ 1.1014–10(a)(2) is incurred, all of the property in the respect to that return, a deficiency and and 1.6662–8(b) clarify that sections gross estate (other than that described in an underpayment may result. 1014(f) and 6662(k) do not prohibit the preceding two sentences) is deemed 5. After-Discovered or Omitted Property adjustments to the basis of property as to increase the Federal estate tax a result of post-death events that are liability and is subject to the Commenters requested that the allowed under other sections of the consistency requirement of section regulations clarify how the consistent Code, and provide that such basis 1014(f). basis requirement applies to property adjustments will not cause a taxpayer to that is discovered after the filing of the violate the provisions of section 1014(f) 4. Section 1014(f)(3)—Final Value of Federal estate tax return or is otherwise or section 6662(k) on the date of sale, Property Acquired From a Decedent omitted from that return. If this property exchange, or disposition. The proposed Section 1014(f)(3) provides that, for would have generated a Federal estate regulations interpret sections 1014(f) purposes of section 1014(f)(1), the final tax liability if it had been reported on and 6662(k) to require only that the value of property has been determined the Federal estate tax return that was beneficiary’s initial basis of the for Federal estate tax purposes if: (A) filed with IRS, proposed § 1.1014– inherited property cannot exceed the The value is reported on a Federal estate 10(c)(3)(i) provides two different results final value of the property for Federal tax return filed with the IRS and is not based upon whether the period of estate tax purposes. Adjustments to the contested by the IRS before the period limitation on assessment has expired for basis of the inherited property permitted of limitation on assessment expires; (B) the Federal estate tax imposed on the by other sections of the Code as a result the value is specified by the IRS and is estate. Proposed § 1.1014–10(c)(3)(i)(A) of post-death events (for example, not timely contested by the executor of provides that, if the executor reports the depreciation or amortization, or a sale, the estate; or (C) the value is determined after-discovered or omitted property on exchange, or disposition of the property) by a court or pursuant to a settlement an estate tax return filed before the will not cause the taxpayer’s basis in the agreement with the IRS. expiration of the period of limitation on property on the date of a taxable event Proposed § 1.1014–10(c)(1) defines assessment of the estate tax, the final with respect to the property to be the final value of property that is value of the property is determined treated as exceeding the final value of reported on a Federal estate tax return under proposed § 1.1014–10(c)(1) or (2). the property. As a result, there cannot filed with the IRS. That value is the Alternatively, proposed § 1.1014– be an underpayment attributable to an value reported on the Federal estate tax 10(c)(3)(i)(B) provides that, if the after- inconsistent estate basis arising from return once the period of limitations on discovered or omitted property is not these basis adjustments, and the assessment for adjusting or contesting reported before the period of limitation accuracy-related penalty under section that value has expired. The IRS may on assessment expires, the final value of 6662(b)(8) cannot apply solely as a specify a value for the property by the after-discovered or omitted property result of these basis adjustments. determining a value in the course of is zero. carrying out its responsibilities under Finally, to address situations in which 3. Section 1014(f)(2)—Property That section 7803(a)(2). If the IRS determines no Federal estate tax return was filed, Increases Estate Tax Liability a value different from the value proposed § 1.1014–10(c)(3)(ii) provides The consistent basis requirement of reported, the final value is the value that the final value of all property section 1014(f)(1) applies only to determined by the IRS once that value includible in the gross estate subject to property the inclusion of which in the can no longer be contested by the estate. the consistent basis requirement is zero decedent’s gross estate for Federal estate If the value determined or specified by until the final value is determined tax purposes increases the Federal estate the IRS is timely contested by the estate, under proposed § 1.1014–10(c)(1) or (2).

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6. Definition of Executor for Purposes of property for which an appraisal is not locating the beneficiary. If the executor Sections 1014(f) and 6035 required under § 20.2031–6(b); and is unable to locate a beneficiary and The proposed regulations adopt the property that is sold or otherwise distributes the property to a different definition of the term executor found in disposed of by the estate (and therefore beneficiary who was not identified in section 2203 applicable for Federal not distributed to a beneficiary) in a the Information Return as the recipient estate tax purposes and expand it to transaction in which capital gain or loss of that property, the executor is required include a person required to file a return is recognized. to file a supplemental Information Return with the IRS and furnish the under section 6018(b). 10. Beneficiaries successor beneficiary with a Statement 7. Requirement To Provide Information Proposed § 1.6035–1(c)(1) provides within 30 days after distributing the Return and Statement(s) Under Section that each beneficiary (including a property. 6035 beneficiary who is also the executor of the estate) who receives property to be 11. Due Date for Information Return and The proposed regulations define the Statements term Information Return as the Form reported on the estate’s Information 8971, Information Regarding Return must receive a copy of the Proposed § 1.6035–1(d)(1) provides Beneficiaries Acquiring Property from a Statement reporting the property that the executor is required to file the Decedent, which includes a copy of a distributable to that beneficiary. Information Return with the IRS, and is Schedule A (Statement) for each person Proposed § 1.6035–1(c)(2) provides that, required to furnish each beneficiary who has received or will receive if the beneficiary is a trust, estate, or with that beneficiary’s Statement, on or property from the estate or by reason of business entity instead of an individual, before the earlier of the date that is 30 the decedent’s death. the executor is to furnish the entity’s days after the due date of the Federal Proposed § 1.6035–1(a)(1) provides Statement to the trustee, executor, or to estate tax return (including extensions that an executor who is required to file the business entity itself, and not to the actually granted, if any), or the date that a Federal estate tax return also is beneficiaries of the trust or estate or to is 30 days after the date on which that required to file an Information Return the owners of the business entity. return is filed with the IRS. In response with the IRS to report the final value of Commenters requested guidance on to comments, proposed § 1.6035–1(d)(2) certain property, the recipient of that how to comply with the section 6035 provides a transition rule for any property, and other information reporting requirements when the Federal estate tax return that was due on prescribed by the Information Return executor cannot determine the exact or before July 31, 2015, but that is filed and the related instructions. The distribution of the estate’s property and after July 31, 2015. In this case, the due executor also is required to furnish a thus the beneficiary of each property by date of the Information Return and all Statement to each beneficiary who has the due date of the Information Return Statements is 30 days after the date on acquired (or will acquire) property from and the related Statements. This which the return is filed. Otherwise, as the decedent or by reason of the death situation can arise, for example, when commenters noted, the due date for the of the decedent to report the property tangible personal property defined in Information Return and Statement(s) the beneficiary has acquired (or will § 20.2031–6 is to be distributed among may be prior to the effective date of acquire) and the final value of that a group of beneficiaries as that group section 6035. property. determines, the residuary estate is distributable to multiple beneficiaries, 12. Supplemental Information Return 8. Circumstances Under Which No or when multiple residuary trusts are to and Statement(s) Information Return or Statement(s) Is be funded. In response, proposed Proposed § 1.6035–1(e)(1) and (2) Required Under Section 6035 § 1.6035–1(c)(3) provides that, if by the generally requires a supplemental Commenters expressed concern that due date the executor does not yet know Information Return and corresponding the section 6035 filing requirements what property will be used to satisfy the supplemental Statement(s) upon a might extend to a return filed by an interest of each beneficiary, the executor change to the information required to be estate solely to make the portability is required to report on the Statement reported on the Information Return or a election under section 2010(c)(5), or a for each beneficiary all of the property Statement that causes the information as generation-skipping transfer tax election that could be used to satisfy that reported to be incorrect or incomplete. or exemption allocation. The proposed beneficiary’s interest. This results in the Such changes include, for example, the regulations provide that the filing duplicate reporting of those assets on discovery of property that should have requirements of section 6035 do not multiple Statements, but each been, but was not, reported on the apply to such returns because these beneficiary will have been advised of Federal estate tax return, a change in the returns are not required by section 6018. the final value of each property that may value of property pursuant to an be received by that beneficiary and examination or litigation, or (except as 9. Property To Be Reported on an therefore will be able to comply with provided by proposed § 1.6035– Information Return and Statement(s) the basis consistency requirement, if 1(e)(3)(B)) a change in the identity of the Commenters requested that the applicable. beneficiary to whom the property is to regulations clarify the types of property Proposed § 1.6035–1(c)(4) provides be distributed (for example, pursuant to to be reported on the Information Return that, if the executor is unable to locate a death, disclaimer, bankruptcy, or and one or more Statements. In a beneficiary by the due date of the otherwise). response, proposed § 1.6035–1(b) Information Return, the executor is Proposed § 1.6035–1(e)(3) provides defines the property to be reported on required to report that on that that a supplemental Information Return an Information Return and Statement(s) Information Return and explain the and Statement(s) may be filed, but they as all property included in the gross efforts taken to locate the beneficiary. If are not required, to correct an estate for Federal estate tax purposes the executor subsequently locates the inconsequential error or omission with four exceptions: Cash (other than beneficiary, the executor is required to within the meaning of § 301.6722–1(b) coins or paper bills with numismatic furnish the beneficiary with a Statement or to specify the actual distribution of value); income in respect of a decedent; and file a supplemental Information assets previously reported as being those items of tangible personal Return with the IRS within 30 days of available to satisfy the interests of

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multiple beneficiaries in the situation any portion of that property to a related to furnish the Statement(s) to each described in proposed § 1.6035–1(c)(3). transferee, whether directly or beneficiary of that property. Therefore, Proposed § 1.6035–1(e)(4) provides indirectly, in a transaction in which the the Treasury Department and the IRS that the due date for the supplemental transferee’s basis for Federal income tax have determined that no additional Information Return and each purposes is determined in whole or in regulations applicable only to surviving supplemental Statement is 30 days after: part with reference to the transferor’s joint tenants or other recipients are (i) The final value (within the meaning basis, the transferor is required to file necessary for this purpose. of proposed § 1.1014–10(c)(1)) of and furnish with the IRS and the 15. Removal of Regulations Under property is determined; (ii) the executor transferee, respectively, a supplemental Former Section 6035 discovers that the information reported Statement documenting the new on the Information Return or Statement ownership of this property. This The American Jobs Creation Act of is otherwise incorrect or incomplete; or proposed reporting requirement is 2004 (Pub. L. 108–357, 118 Stat. 1418) (iii) a supplemental Federal estate tax imposed on each such recipient of the (Jobs Act) repealed former section 6035, return is filed. However, at the property. For purposes of this provision, effective for taxable years of foreign suggestion of a commenter, if these a related transferee means any member corporations beginning after December events occur prior to the distribution to of the transferor’s family as defined in 31, 2004, and for taxable years of United the beneficiary of probate property or of section 2704(c)(2), any controlled entity States shareholders with or within the property of a revocable trust, a (a corporation or any other entity in which the tax years of foreign supplemental Information Return or which the transferor and members of the corporations end. Prior to repeal, former Statement is not due until 30 days after transferor’s family, whether directly or section 6035 set forth information the property is distributed. This is likely indirectly, have control within the reporting requirements for certain to be approximately the same time when meaning of section 2701(b)(2)(A) or (B)), United States persons that were officers, the executor would provide the and any trust of which the transferor is directors, or 10-percent shareholders of beneficiary with information as to a deemed owner for income tax a foreign personal holding company. changes, if any, to the basis of the purposes. Section 1.6035–1 (TD 8573), property that have occurred since the In the event such transfer occurs § 301.6035–1 (TD 6498), § 1.6035–2 (TD decedent’s death and prior to the before a final value is determined 8028), and § 1.6035–3 (TD 8028) distribution. Because that basis within the meaning of proposed (collectively, the FPHC regulations) adjustment information is not part of § 1.1014–10(c), the transferor must provide guidance on the information what is required to be reported under provide the executor with a copy of the reporting required under former section section 6035, however, if the executor supplemental Statement filed with the 6035, as in effect prior to amendment by chooses to provide that basis adjustment IRS and furnished to the transferee the Tax Equity and Fiscal Responsibility information on the Schedule A provided reporting the new ownership of the Act of 1982 (Pub. L. 97–248, 96 Stat. to the beneficiary, the basis adjustment property. When a final value is 328), and prior to its repeal by the Jobs information must be shown separately determined, the executor will then Act. from the final value required to be provide a supplemental Statement to the This document proposes to withdraw reported on the beneficiary’s Statement. new transferee instead of to the the FPHC regulations. However, the transferor. The supplemental Statements FPHC regulations referenced above 13. Subsequent Transfers are due no later than 30 days after the contained in 26 CFR parts 1 and 301, As discussed earlier in this preamble, transferor distributes or transfers all or revised as of April 1, 2015, continue to section 6035(a)(2) imposes a reporting a portion of the property to the apply for taxable years of foreign requirement on the executor of the transferee. corporations beginning on or before decedent’s estate and on any other December 31, 2004, and for taxable person required to file a return under 14. Surviving Joint Tenants or Other Recipients Under Section 6035(b)(2) years of United States shareholders in section 6018. The purpose of this which former section 6035 applies with reporting is to enable the IRS to monitor Section 6035(b)(2) authorizes the IRS or within which the tax years of foreign whether the basis claimed by an owner to prescribe regulations relating to corporations end. of the property is properly based on the situations in which the surviving joint final value of that property for estate tax tenant or other recipient may have 16. Request for New Process purposes. The Treasury Department and better information than the executor One commenter requested the the IRS are concerned, however, that regarding the basis or fair market value creation of a process to allow an estate opportunities may exist in some of the property received by reason of the beneficiary to challenge the value circumstances for the recipient of such decedent’s death. Section 6018(b) reported by the executor. There is no reporting to circumvent the purpose of addresses these situations. Section such process under the Federal law the statute (for example, by making a 6018(b) generally requires that, if the regarding returns described in section gift of the property to a complex trust executor is unable to make a complete 6018. The beneficiary’s rights with for the benefit of the transferor’s family). return as to any part of the gross estate regard to the estate tax valuation of Accordingly, pursuant to the of the decedent, the executor must property are governed by applicable regulatory authority granted in section include on the return a description of state law. Accordingly, the proposed 6035(b)(2), the proposed regulations that part of the gross estate and the regulations do not create a new Federal require additional information reporting name of every person holding a legal or process for challenging the value by certain subsequent transferors in beneficial interest in it. Upon notice reported by the executor. limited circumstances. Specifically, from the Secretary, any such person proposed § 1.6035–1(f) provides that, must in like manner make a return as to Proposed Effective/Applicability Date with regard to property that previously this part of the gross estate. Section Upon the publication of the Treasury was reported or is required to be 6035(a)(2) and these proposed Decision adopting these rules as final in reported on a Statement furnished to a regulations require a person required to the Federal Register, these proposed recipient, when the recipient distributes file a return under section 6018(b) to file regulations will apply to property or transfers (by gift or otherwise) all or an Information Return with the IRS and acquired from a decedent or by reason

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of the death of a decedent whose return scheduled if requested in writing by any same taxpayer who acquired the required by section 6018 is filed after person that timely submits written property from the decedent or as a result July 31, 2015. Persons may rely upon comments. If a public hearing is of the decedent’s death. these rules before the date of scheduled, notice of the date, time, and (2) Subsequent basis adjustments. The publication of the Treasury Decision place for the hearing will be published final value within the meaning of adopting these rules as final in the in the Federal Register. paragraph (c) of this section is the Federal Register. Drafting Information taxpayer’s initial basis in the property. In computing at any time after the Statement of Availability of IRS The principal author of these Documents decedent’s date of death the taxpayer’s proposed regulations is Theresa M. basis in property acquired from the IRS Revenue Procedures, Revenue Melchiorre, Office of Associate Chief decedent or as a result of the decedent’s Rulings notices, notices and other Counsel (Passthroughs and Special death, the taxpayer’s initial basis in that guidance cited in this preamble are Industries). Other personnel from the property may be adjusted due to the published in the Internal Revenue Treasury Department and the IRS operation of other provisions of the Bulletin (or Cumulative Bulletin) and participated in their development. Internal Revenue Code (Code) governing are available from the Superintendent of List of Subjects basis without violating paragraph (a)(1) Documents, U.S. Government Printing of this section. Such adjustments may Office, Washington, DC 20402, or by 26 CFR Part 1 include, for example, gain recognized by visiting the IRS Web site at http:// Income taxes, Reporting and the decedent’s estate or trust upon www.irs.gov. recordkeeping requirements. distribution of the property, post-death Special Analyses capital improvements and depreciation, 26 CFR Part 301 Certain IRS regulations, including this and post-death adjustments to the basis Employment taxes, Estate taxes, one, are exempt from the requirements of an interest in a partnership or S Excise taxes, Gift taxes, Income taxes, of Executive Order 12866, as corporation. The existence of recourse Penalties, Reporting and recordkeeping supplemented and reaffirmed by or non-recourse debt secured by requirements. Executive Order 13563. Therefore, a property at the time of the decedent’s regulatory impact assessment is not death does not affect the property’s Proposed Amendments to the basis, whether the gross value of the required. It is hereby certified that the Regulations collection of information in these property and the outstanding debt are Accordingly, 26 CFR parts 1 and 301 regulations will not have a significant reported separately on the estate tax are proposed to be amended as follows: economic impact on a substantial return or the net value of the property is reported. Therefore, post-death number of small entities. This PART 1—INCOME TAXES certification is based on the fact that this payments on such debt do not result in rule primarily affects individuals (or ■ Paragraph 1. The authority citation an adjustment to the property’s basis. their estates) and trusts, which are not for part 1 is amended by adding entries (b) Property subject to consistency small entities as defined by the in numerical order to read in part as requirement—(1) In general. Property Regulatory Flexibility Act (5 U.S.C. follows: subject to the consistency requirement in paragraph (a)(1) of this section is any 601). Although it is anticipated that Authority: 26 U.S.C. 7805 * * * there may be an incremental economic property that is includable in the Section 1.1014–10 also issued under 26 decedent’s gross estate under section impact on executors that are small U.S.C. 1014(f). entities, including entities that provide 2031,any property subject to tax under Section 1.6035–1 also issued under 26. section 2106, and any other property the tax and legal services that assist U.S.C. 6035(a). individuals in preparing tax returns, any Section 1.6035–2 also issued under 26. basis of which is determined in whole impact would not be significant and U.S.C. 6035(a). or in part by reference to the basis of such property (for example as the result would not affect a substantial number of ■ Par. 2. Section 1.1014–10 is added to of a like-kind exchange or involuntary small entities. Therefore, a Regulatory read as follows: Flexibility Analysis under the conversion) that generates a tax liability Regulatory Flexibility Act (5 U.S.C. § 1.1014–10 Basis of property acquired under chapter 11 of subtitle B of the chapter 6) is not required. Pursuant to from a decedent must be consistent with Code (chapter 11) on the decedent’s section 7805(f) of the Code, the notice Federal estate tax return. estate in excess of allowable credits, of proposed rulemaking will be (a) Consistent basis requirement—(1) except the credit for prepayment of tax submitted to the Chief Counsel for In general. The taxpayer’s initial basis under chapter 11. Advocacy of the Small Business in property described in paragraph (b) of (2) Exclusions. For purposes of Administration for comment on its this section may not exceed the paragraph (b)(1) of this section, property impact on small business. property’s final value within the that qualifies for an estate tax charitable meaning of paragraph (c) of this section. or marital deduction under section Comments and Requests for a Public This requirement applies whenever the 2055, 2056, or 2056A, respectively, does Hearing taxpayer reports a taxable event with not generate a tax liability under chapter Before these proposed regulations are respect to the property to the Internal 11 and therefore is excluded from the adopted as final regulations, Revenue Service (IRS) (for example property subject to the consistency consideration will be given to any depreciation or amortization) and requirement in paragraph (a)(1) of this written (a signed original and eight (8) continues to apply until the property is section. For purposes of paragraph (b)(1) copies) or electronic comments that are sold, exchanged, or otherwise disposed of this section, tangible personal submitted timely to the IRS. Comments of in one or more transactions that result property for which an appraisal is not are requested on all aspects of the in the recognition of gain or loss for required under § 20.2031–6(b) is proposed rules. All comments will be Federal income tax purposes, regardless deemed not to generate a tax liability available for public inspection and of whether the owner on the date of the under chapter 11 and therefore also is copying. A public hearing may be sale, exchange, or disposition is the excluded from the property subject to

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the consistency requirement in a deficiency and underpayment million. D’s sole beneficiary is C, D’s child. paragraph (a)(1) of this section. resulting from this difference. P is valued at $8 million. D’s interest in P is (3) Application. For purposes of (3) After-discovered or omitted reported on the return required by section paragraph (b)(1) of this section, if a property—(i) Return under section 6018 6018(a) at $4 million. The IRS accepts the liability under chapter 11 is payable filed. In the event property described in return as filed and the time for assessing the tax under chapter 11 expires. C sells the after the application of all available paragraph (b)(1) of this section is interest for $6 million in cash shortly credits (other than a credit for a discovered after the estate tax return thereafter. prepayment of estate tax), the under section 6018 has been filed or (ii) Under these facts, the final value of D’s consistency requirement in paragraph otherwise is omitted from that return interest is $4 million under paragraph (a)(1) of this section applies to the entire (after-discovered or omitted property), (c)(1)(i) of this section. Under section 742 gross estate (other than property the final value of that property is and § 1.742–1, C’s basis in the interest in P excluded under paragraph (b)(2) of this determined under section (c)(3)(i)(A) or at the time of its sale is $5 million (the final section) because all such property (B) of this section. value of D’s interest ($4 million) plus 50% contributes to the liability under chapter (A) Reporting prior to expiration of of the $2 million nonrecourse debt). Following the sale of the interest, C reports 11 and therefore is treated as generating period of limitation on assessment. The taxable gain of $1 million. C has complied a tax liability under chapter 11. If, final value of the after-discovered or with the consistency requirement of however, after the application of all omitted property is determined in paragraph (a)(1) of this section. such available credits, no tax under accordance with paragraph (c)(1) or (2) (iii) Assume instead that the IRS adjusts chapter 11 is payable, the entire gross of this section if the executor, prior to the value of the interest in P to $4.5 million, estate is excluded from the application the expiration of the period of limitation and that value is not contested before the of the consistency requirement. on assessment of the tax imposed on the expiration of the time for assessing the tax (c) Final value—(1) Finality of estate estate by chapter 11, files with the IRS under chapter 11. The final value of D’s tax value. The final value of property an initial or supplemental estate tax interest in P is $4.5 million under paragraph reported on a return filed pursuant to return under section 6018 reporting the (c)(1)(ii) of this section. Under section 742 and § 1.742–1, C claims a basis of $5.5 section 6018 is its value as finally property. million at the time of sale and reports gain determined for purposes of the tax (B) No reporting prior to expiration of on the sale of $500,000. C has complied with imposed by chapter 11. That value is— period of limitation on assessment. If the consistency requirement of paragraph (i) The value reported on a return the executor does not report the after- (a)(1) of this section. filed with the Internal Revenue Service discovered or omitted property on an Example 2. (i) At D’s death, D owned (IRS) pursuant to section 6018 once the initial or supplemental Federal estate (among other assets) a private residence that period of limitations for assessment of tax return filed prior to the expiration of was not encumbered. D’s sole beneficiary is the tax under chapter 11 has expired the period of limitation on assessment C. D’s executor reports the value of the without that value having been timely of the tax imposed on the estate by residence on the return required by section adjusted or contested by the IRS, chapter 11, the final value of that 6018(a) as $600,000 and pays the tax liability (ii) If paragraph (c)(1)(i) of this section under chapter 11. The IRS timely contests the unreported property is zero. See reported value and determines that the value does not apply, the value determined or Example 3 of paragraph (e) of this of the residence is $725,000. The parties specified by the IRS once the periods of section. enter into a settlement agreement that limitations for assessment and for claim (ii) No return under section 6018 provides that the value of the residence for for refund or credit of the tax under filed. If no return described in section purposes of the tax imposed by chapter 11 is chapter 11 have expired without that 6018 has been filed, and if the inclusion $650,000. Pursuant to paragraph (c)(1)(iii) of value having been timely contested; in the decedent’s gross estate of the this section, the final value of the residence (iii) If paragraphs (c)(1)(i) and (ii) of after-discovered or omitted property is $650,000. this section do not apply, the value would have generated or increased the (ii) Several years later, C adds a master determined in an agreement, once that estate’s tax liability under chapter 11, suite to the residence at a cost of $45,000. agreement is final and binding on all Pursuant to section 1016(a), C’s basis in the the final value, for purposes of section residence is increased by $45,000 to parties; or 1014(f), of all property described in $695,000. Subsequently, C sells the residence (iv) If paragraphs (c)(1)(i), (ii), and (iii) paragraph (b) of this section is zero until to an unrelated third party for $900,000. C of this section do not apply, the value the final value is determined under claims a basis in the residence of $695,000 determined by a court, once the court’s paragraph (c)(1) or (2) of this section. and reports a gain of $205,000 determination is final. Specifically, if the executor files a ($900,000¥$695,000). C has complied with (2) No finality of estate tax value. return pursuant to section 6018(a) or (b) the consistency requirement of paragraph Prior to the determination, in that includes this property or the IRS (a)(1) of this section. accordance with paragraph (c)(1) of this determines a value for the property, the Example 3. (i) The facts are the same as in Example 2 but, after the expiration of the section, of the final value of property final value of all property described in described in paragraph (b) of this period for assessing the tax imposed by paragraph (b) of this section includible chapter 11, the executor discovers property section, the recipient of that property in the gross estate then is determined that had not been reported on the return may not claim an initial basis in that under paragraph (c)(1) or (2) of this required by section 6018(a) but which, if property in excess of the value reported section. reported, would have generated additional on the statement required to be (d) Executor. For purposes of this chapter 11 tax on the entire value of the furnished under section 6035(a). If the section, executor has the same meaning newly discovered property. Pursuant to final value of the property subsequently as in section 2203 and includes any paragraph (c)(3)(i)(B) of this section, C’s basis is determined under paragraph (c)(1) of other person required under section in the residence of $695,000 does not change, this section and that value differs from 6018(b) to file a return. but the final value of the additional the value reported on the statement unreported property is zero. (e) Examples. The following examples (ii) Alternatively, assume that no return required to be furnished under section illustrate the application of this section. was required to be filed under section 6018 6035(a), then the taxpayer may not rely Example 1. (i) At D’s death, D owned 50% before discovering the additional property on the statement initially furnished of Partnership P, which owned a rental (and none in fact was filed) but, after the under section 6035(a) for the value of building with a fair market value of $10 application of the applicable credit amount, the property and the taxpayer may have million subject to nonrecourse debt of $2 D’s taxable estate including the unreported

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property would have been $200,000. chapter 11 of subtitle B of the Internal property (for example as the result of a Pursuant to paragraph (c)(3)(ii) of this Revenue Code (chapter 11) and other like-kind exchange or involuntary section, the final value of all property information prescribed by the conversion). Of the property of a included in D’s gross estate that is described Information Return and the instructions deceased nonresident non-citizen, this in paragraph (b) of this section is zero until the executor files an estate tax return with thereto. The value to be reported is the includes only the property that is the IRS pursuant to section 6018 or the IRS final value of the property as described subject to U.S. estate tax; similarly, this determines a value for the property. In either in § 1.1014–10(c). This executor also includes only the decedent’s one-half of of those events, the final value of property must furnish a Statement (defined in community property. Nevertheless, the described in paragraph (b) of this section paragraph (g)(3) of this section) to each following property is excepted from the reported on the return is determined in beneficiary who has (or will) acquire, reporting requirements— accordance with paragraph (c)(1) or (c)(2) of whether from the decedent or by reason (i) Cash (other than a coin collection this section. of the death of the decedent, property or other coins or bills with numismatic Example 4. (i) At D’s death, D’s gross reported on the Information Return to estate includes a residence valued at value); $300,000 encumbered by nonrecourse debt in identify the property the beneficiary is (ii) Income in respect of a decedent the amount of $100,000. Title to the to receive and to report the value of that (as defined in section 691); residence is held jointly by D and C (D’s property and other information (iii) Tangible personal property for daughter) with rights of survivorship. D prescribed by the Statement and which an appraisal is not required provided all the consideration for the instructions thereto. The Information under § 20.2031–6(b); and residence and the entire value of the Return and each Statement are required (iv) Property sold, exchanged, or residence was included in D’s gross estate. to be filed and furnished by the date otherwise disposed of (and therefore not The executor reports the value of the provided in paragraph (d) of this distributed to a beneficiary) by the residence as $200,000 on the return required section. If, after the Information Return by section 6018 filed with the IRS for D’s estate in a transaction in which capital estate and claims no other deduction for the and Statement are filed and furnished, gain or loss is recognized. debt. The statement required by section 6035 there are certain changes in the final (2) Examples. The following examples reports the value of the residence as value and/or the recipient of property as illustrate the provisions of paragraph $300,000. C sells the residence before the described in paragraph (e) or (f) of this (b)(1) of this section. final value is determined under paragraph section, the executor must file a (c)(1) of this section for $375,000 and claims supplemental Information Return with Example 1. Included in D’s gross estate are the contents of his residence. Pursuant to a gain of $75,000 on C’s Federal income tax the IRS and furnish a supplemental return. § 20.2031–6(a), the executor attaches to the Statement to the beneficiary. return required by section 6018 filed for D’s (ii) A court subsequently determines that Subsequent transfers of all or a portion the value of the residence was $290,000 and estate a room by room itemization of the time for contesting this value in any court of property previously reported (or household and personal effects. All articles expires before the expiration of the period for required to be reported) on the are named specifically. In each room a assessing C’s income tax for the year of C’s Information Return required by number of articles, none of which has a value sale of the property. The final value of the paragraph (a) of this section, in in excess of $100, are grouped. A value is residence is $290,000 pursuant to paragraphs transactions in which the transferee provided for each named article. Included in (c)(1)(iv) and (c)(2) of this section. Because C acquires the property with the the household and personal effects are a claimed a basis in the residence that exceeds transferor’s basis, require additional painting, a rug, and a clock, each of which has a value in excess of $3,000. Pursuant to the final value, C may have a deficiency and reporting as described in paragraph (f) underpayment. § 20.2031–6(b), the executor obtains an of this section. appraisal from a disinterested, competent (f) Effective/applicability date. Upon (2) Exception. Paragraph (a)(1) of this appraiser(s) of recognized standing and the publication of the Treasury Decision section applies only to the executor of ability, or a disinterested dealer(s) in the adopting these rules as final in the an estate required by section 6018 to file class of personalty involved for the painting, Federal Register, this section will apply an estate tax return. Accordingly, rug, and clock. The executor attaches these to property acquired from a decedent or notwithstanding § 20.2010–2(a)(1), the appraisals to the estate tax return for D’s by reason of the death of a decedent executor does not have to file or furnish estate. Pursuant to paragraph (b)(1)(iii) of this whose return required by section 6018 the Information Return or Statement(s) section, the reporting requirements of is filed after July 31, 2015. Persons may referred to in paragraph (a)(1) of this paragraph (a)(1) of this section apply only to rely upon these rules before the date of section if the executor is not required by the painting, rug, and clock. Example 2. Included in D’s estate are publication of the Treasury Decision section 6018 to file an estate tax return shares in C, a publicly traded company. adopting these rules as final in the for the estate, even if the executor does Shortly after D’s death but prior to the filing Federal Register. file such a return for other purposes, of the estate tax return for D’s estate, C is ■ Par. 3. Section 1.6035–1 is revised to e.g., to make a generation-skipping acquired by T, also a publicly traded read as follows: transfer tax exemption allocation or company. For the shares in C includible in election, to make the portability election D’s estate, the estate receives new shares in § 1.6035–1 Basis information to persons under section 2010(c)(5), or to make a T and cash in a fully taxable transaction. acquiring property from decedent. protective filing to avoid any penalty if Pursuant to paragraph (b)(1)(iv) of this (a) Required Information Return and an asset value is later determined to section, the reporting requirements of Statement(s)—(1) In general. An cause a return to be required or paragraph (a)(1) of this section do not apply to the new shares in T or the cash. executor (defined in paragraph (g)(1) of otherwise. this section) required to file a return (b) Property for which reporting is (c) Beneficiaries—(1) In general. As under section 6018 for an estate must required—(1) In general. The property to provided in paragraph (a)(1) of this file an Information Return (defined in which the reporting requirement under section, the executor must furnish to paragraph (g)(2) of this section) with the paragraph (a)(1) of this section applies each beneficiary (including a Internal Revenue Service (IRS) to report is all property reported or required to be beneficiary who is also an executor) the value of certain property (described reported on a return under section 6018. receiving property that must be reported in paragraph (b)(1) of this section) This includes, for example, any other on the Information Return filed with the included in the decedent’s gross estate property whose basis is determined in IRS, the Statement containing the for purposes of the tax imposed by whole or in part by reference to that required information regarding that

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beneficiary’s property. For purposes of distributes the property to a different executor’s disposition of property this provision, the beneficiary of a life beneficiary who was not identified in acquired from the decedent or as a estate is the life tenant, the beneficiary the Information Return as the recipient result of the death of the decedent in a of a remainder interest is the of that property, the executor must file transaction in which the basis of new remainderman(men) identified as if the a supplemental Information Return with property received by the estate is life tenant were to die immediately after the IRS and furnish the substitute determined in whole or in part by the decedent, and the beneficiary of a beneficiary with that beneficiary’s reference to the property acquired from contingent interest is a beneficiary, Statement within 30 days after the the decedent or as a result of the death unless the contingency has occurred property is distributed. See paragraph of the decedent (for example as the prior to the filing of the Form 8971. If (e)(1) of this section. A copy of the result of a like-kind exchange or the contingency subsequently negates substitute beneficiary’s Statement must involuntary conversion). Changes the inheritance of the beneficiary, the be attached to the supplemental requiring supplement pursuant to this executor must do supplemental Information Return. paragraph (e)(2) are not inconsequential reporting in accordance with paragraph (d) Due dates—(1) In general. Except errors or omissions within the meaning (e) of this section to report the change as provided in § 1.6035–2T, the executor of § 301.6722–1(b) of this chapter. of beneficiary. must file the Information Return with (3) Adjustments not requiring (2) Beneficiary not an individual. If the IRS, and must furnish to each supplement—(i) In general. A the beneficiary is a trust or another beneficiary the Statement with regard to supplemental Information Return and estate, the executor must furnish the the property to be received by that Statement may but they are not required beneficiary’s Statement to the trustee or beneficiary, on or before the earlier of— to be filed or furnished- executor of the trust or estate, rather (i) The date that is 30 days after the (A) To correct an inconsequential than to the beneficiaries of that trust or due date of the estate tax return required error or omission within the meaning of estate. If the beneficiary is a business by section 6018 (including extensions, if § 301.6722–1(b) of this chapter, or entity, the executor must furnish the any), or (B) To specify the actual distribution Statement to the entity. However, see (ii) The date that is 30 days after the of property previously reported as being paragraph (f) of this section for date on which that return is filed with available to satisfy the interests of additional reporting requirements in the the IRS. multiple beneficiaries in the situation event the trust, estate, or entity transfers (2) Transition rule. If the due date of described in paragraph (c)(3) of this all or a portion of the property in a an estate tax return required to be filed section. transaction in which the transferee by section 6018 is on or before July 31, (ii) Example. Paragraph (e)(3)(i)(B) of acquires the basis of the trust, estate, or 2015, but the executor does not file the this section is illustrated by the entity. return with the IRS until after July 31, following example. (3) Beneficiary not determined. If, by 2015, then the Information Return and the due date provided in paragraph (d) Statement(s) are due on or before the Example 1. D’s Will provided for D’s residuary estate to be distributed to D’s three of this section, the executor has not date that is 30 days after the date on which the estate tax return is filed, children (E, F, and G). D’s residuary estate determined what property will be used included stock in a publicly traded company to satisfy the interest of each except as provided in § 1.6035–2T. (X), a personal residence, and three beneficiary, the executor must report on (e) Duty to supplement.—(1) In paintings. On the due date of the Information the Statement for each such beneficiary general. In the event of any adjustment Return and Statement required by paragraph all of the property that the executor to the information required to be (a)(1) of this section, D’s executor had not yet could use to satisfy that beneficiary’s reported on the Information Return or determined which property each child would interest. Once the exact distribution has any Statement as described in paragraph receive from D’s residuary estate in been determined, the executor may, but (e)(2) of this section, the executor must satisfaction of that child’s bequest. In is not required to, file and furnish a file a supplemental Information Return accordance with paragraph (c)(3) of this with the IRS including all supplemental section, D’s executor reported on the supplemental Information Return and Information Return filed with the IRS and on Statement as provided in paragraph Statements and furnish a corresponding each child’s own Statement that E, F, and G (e)(3) of this section. supplemental Statement to each affected each might receive an interest in the stock in (4) Beneficiary not located. An beneficiary by the due date described in X, the personal residence, and the three executor must use reasonable due paragraph (e)(4) of this section. paintings. Several months later, the executor diligence to identify and locate all (2) Adjustments requiring determined that E would receive the stock in beneficiaries. If the executor is unable to supplement. Except as provided in X, F would receive the residence, and G locate a beneficiary by the due date of paragraph (e)(3) of this section, an would receive the paintings. Paragraph the Information Return provided in adjustment to which the duty to (e)(3)(i)(B) of this section provides that the paragraph (d) of this section, the supplement applies is any change to the executor may but is not required to file a executor must so report on that information required to be reported on supplemental Information Return with the IRS and furnish supplemental Statements to Information Return and explain the the Information Return or Statement E, F, and G to accurately report which efforts the executor has taken to locate that causes the information as reported beneficiary received what property. the beneficiary and to satisfy the to be incorrect or incomplete. Such Example 2. D’s Will provided that D’s obligation of reasonable due diligence. If changes include, for example, the jewelry and household effects (personalty) the executor subsequently locates the discovery of property that should have are to be distributed among D’s three beneficiary, the executor must furnish been (but was not) reported on an estate children (E, F, and G) as determined by E, F, the beneficiary with that beneficiary’s tax return described in section 6018, a and G. In accordance with paragraph (c)(3) of Statement and file a supplemental change in the value of property this section, D’s executor reports on the Information Return with the IRS within pursuant to an examination or litigation, Information Return filed with the IRS and on each child’s own Statement each item of 30 days of locating the beneficiary. A or a change in the identity of the personalty other than items described in copy of the beneficiary’s Statement must beneficiary to whom the property is to paragraph (b)(1)(iii) of this section. Several be attached to the supplemental be distributed (pursuant to a death, months later, E, F, and G determine who is Information Return. If the executor is disclaimer, bankruptcy, or otherwise). to receive each item of personalty. Paragraph unable to locate a beneficiary and Such changes also include the (e)(3)(i)(B) of this section provides that the

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executor may but is not required to file a transferor must, no later than 30 days (1) Executor has the same meaning as supplemental Information Return with the after the date of the distribution or other in section 2203 and includes any other IRS and furnish supplemental Statements to transfer, file with the IRS a person required under section 6018(b) E, F, and G to accurately report which supplemental Statement and furnish a to file a return. beneficiary received which item(s) of personalty. copy of the same supplemental (2) Information Return means the Statement to the transferee. The Form 8971, including each beneficiary’s (4) Due date of supplemental requirement to file a supplemental Statement as defined in paragraph (g)(3) reporting—(i) In general. Except as Statement and furnish a copy to the of this section required to be furnished, provided in paragraph (e)(4)(ii) of this transferee similarly applies to the or any successor form issued by the IRS section, the supplemental Information distribution or transfer of any other for this purpose. Return must be filed and each property the basis of which is (3) Statement means the payee supplemental Statement must be determined in whole or in part by statement described as Schedule A of furnished on or before 30 days after— reference to that property (for example (A) The final value within the the Information Return furnished to a as the result of a like-kind exchange or meaning of § 1.1014–10(c)(1) is beneficiary or any successor form or involuntary conversion). In the case of determined; schedule issued by the IRS for this (B) The executor discovers that the a supplemental Statement filed by the purpose. information reported on the Information recipient/transferor before the recipient/ (h) Penalties—(1) Failure to timely file Return or Statement is otherwise transferor’s receipt of the Statement complete and correct Information incorrect or incomplete, except to the described in paragraph (a) of this Return. For provisions relating to the extent described in paragraph (e)(3)(i) of section, the supplemental Statement penalty provided for failure to file an this section; or will report the change in the ownership Information Return required by section (C) A supplemental estate tax return of the property and need not provide the 6035(a)(1) on or before the required under section 6018 is filed reporting value information that would otherwise filing date, failure to include all of the property not reported on a previously be required on the supplemental required information on an Information filed estate tax return pursuant to Statement. In the event the transfer Return, or the filing of an Information § 1.1014–10(c)(3)(i). In this case, a copy occurs before the final value is Return that includes incorrect of the supplemental Statement provided determined within the meaning of information, see section 6721 and the to each beneficiary of an interest in this proposed § 1.1014–10(c), the transferor regulations thereunder. See section 6724 property must be attached to the must provide the executor with a copy and the regulations thereunder for rules supplemental Information Return. of the supplemental Statement filed relating to waivers of penalties for (ii) Probate property or property from with the IRS and furnished to the certain failures due to reasonable cause. decedent’s revocable trust. With respect transferee in order to notify the executor (2) Failure to timely furnish correct to property in the probate estate or held of the change in ownership of the Statements. For provisions relating to by a revocable trust at the decedent’s property. When the executor the penalty provided for failure to death, if an event described in subsequently files any Return and issues furnish a Statement required by section paragraph (e)(4)(i)(A), (B), or (C) of this any Statement required by paragraphs 6035(a)(2) on or before the prescribed section occurs after the decedent’s date (a) or (e) of this section, the executor date, failure to include all of the of death but before or on the date the must provide the Statement (or required information on a Statement, or property is distributed to the supplemental Statement) to the new the filing of a Statement that includes beneficiary, the due date for the transferee instead of to the transferor. incorrect information, see section 6722 supplemental Information Return and For purposes of this provision, a related and the regulations thereunder. See corresponding supplemental Statement transferee means any member of the section 6724 and the regulations is the date that is 30 days after the date transferor’s family as defined in section thereunder for rules relating to waivers the property is distributed to the 2704(c)(2), any controlled entity (a of penalties for certain failures due to beneficiary. If the executor chooses to corporation or any other entity in which reasonable cause. furnish to the beneficiary on the the transferor and members of the (i) Effective/applicability date. Upon Statement information regarding any transferor’s family (as defined in section the publication of the Treasury Decision changes to the basis of the reported 2704(c)(2)), whether directly or adopting these rules as final in the property as described in § 1.1014– indirectly, have control within the Federal Register, this section will apply 10(a)(2) that occurred after the date of meaning of section 2701(b)(2)(A) or (B)), to property acquired from a decedent or death but before or on the date of and any trust of which the transferor is by reason of the death of a decedent distribution, that basis adjustment a deemed owner for income tax whose return required by section 6018 information (which is not part of the purposes. If the transferor chooses to is filed after July 31, 2015. Persons may requirement under section 6035) must include on the supplemental Statement rely upon these rules before the date of be shown separately from the final value provided to the transferee information publication of the Treasury Decision required to be reported on that regarding any changes to the basis of the adopting these rules as final in the Statement. reported property as described in Federal Register. § 1.1014–10(a)(2) that occurred during (f) Subsequent transfers. If all or any ■ Par. 4. Section 1.6035–2 is added to the transferor’s ownership of the portion of property that previously was read as follows: reported or is required to be reported on property, that basis adjustment an Information Return (and thus on the information (which is not part of the § 1.6035–2 Transition relief. recipient’s Statement or supplemental requirement under section 6035) must [The text of proposed § 1.6035–2 is Statement) is distributed or transferred be shown separately from the final value the same as the text of § 1.6035–2T (by gift or otherwise) by the recipient in required to be reported on that published elsewhere in this issue of the a transaction in which a related Statement. Federal Register]. transferee determines its basis, in whole (g) Definitions. For purposes of this or in part, by reference to the recipient/ section, the following terms are defined § 1.6035–3 [Removed] transferor’s basis, the recipient/ as follows— ■ Par. 5. Section 1.6035–3 is removed.

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■ Par. 6. Section 1.6662–8 is added to (d)(2)(xxxiv), and adding paragraph Public Law 107–56 (‘‘the USA PATRIOT read as follows: (d)(2)(xxxv). Act’’). Title III of the USA PATRIOT Act The addition reads as follows: amends the anti-money laundering § 1.6662–8 Inconsistent estate basis reporting. § 301.6722–1 Failure to furnish correct provisions of the Bank Secrecy Act (‘‘BSA’’), codified at 12 U.S.C. 1829b, 12 (a) In general. Section 6662(a) and payee statements. (b)(8) impose an accuracy-related * * * * * U.S.C. 1951–1959, and 31 U.S.C. 5311– penalty on the portion of any (d) * * * 5314, 5316–5332, to promote the underpayment of tax required to be (2) * * * prevention, detection, and prosecution shown on a return that is attributable to (xxxv) Section 6035 (relating to basis of international money laundering and an inconsistent estate basis. of property acquired from decedents). the financing of terrorism. Regulations (b) Inconsistent estate basis. In * * * * * implementing the BSA appear at 31 CFR accordance with section 6662(k), there Chapter X. The authority of the is an inconsistent estate basis to the John Dalrymple, Secretary of the Treasury to administer extent that a taxpayer claims a basis, Deputy Commissioner for Services and the BSA and its implementing without regard to the adjustments Enforcement. regulations has been delegated to the described in § 1.1014–10(a)(2), in [FR Doc. 2016–04718 Filed 3–2–16; 4:15 pm] Director of FinCEN. BILLING CODE 4830–01–P property described in paragraph (c) of Section 311 of the USA PATRIOT Act this section that exceeds that property’s (‘‘Section 311’’) grants the Director of final value as determined under DEPARTMENT OF THE TREASURY FinCEN the authority, upon finding that § 1.1014–10(c). reasonable grounds exist for concluding (c) Applicable property. The property Financial Crimes Enforcement Network that a foreign jurisdiction, foreign to which this section applies is property financial institution, class of described in § 1.1014–10(b) that is 31 CFR Part 1010 reported or required to be reported on transactions, or type of account is of a return required by section 6018 filed RIN 1506–AB30 ‘‘primary money laundering concern,’’ after July 31, 2015. to require domestic financial (d) Effective/applicability date. Upon Financial Crimes Enforcement institutions and financial agencies to the publication of the Treasury Decision Network; Withdrawal of Notice of take certain ‘‘special measures’’ to adopting these rules as final in the Proposed Rulemaking Regarding address the primary money laundering Federal Register, this section will apply Banca Privada d’Andorra concern. The special measures to property described in § 1.1014–10(b) AGENCY: Financial Crimes Enforcement enumerated under Section 311 are acquired from a decedent or by reason Network (‘‘FinCEN’’), Treasury. prophylactic safeguards that defend the of the death of a decedent whose return U.S. financial system from money ACTION: Withdrawal of notice of required by section 6018 is filed after proposed rulemaking. laundering and terrorist financing. July 31, 2015. Persons may rely upon FinCEN may impose one or more of these rules before the date of SUMMARY: This document withdraws these special measures in order to publication of the Treasury Decision FinCEN’s notice of proposed rulemaking protect the U.S. financial system from adopting these rules as final in the seeking to impose the fifth special these threats. To that end, special Federal Register. measure regarding Banca Privada measures one through four, codified at d’Andorra (‘‘BPA’’), pursuant to Section 31 U.S.C. 5318A(b)(1)–(b)(4), impose PART 301—PROCEDURE AND 311 of the USA PATRIOT Act (‘‘Section ADMINISTRATION additional recordkeeping, information 311’’), codified at 31 U.S.C. 5318A. collection, and information reporting ■ Par. 7. The authority citation for part Because of material subsequent requirements on covered U.S. financial 301 continues to read in part as follows: developments that have mitigated the institutions. The fifth special measure, money laundering risks associated with Authority: 26 U.S.C. 7805 * * * codified at 31 U.S.C. 5318A(b)(5), BPA, FinCEN has determined that BPA ■ Par. 8. Section 301.6721–1 is allows the Director to prohibit or is no longer a primary money impose conditions on the opening or amended by removing the word ‘‘or’’ at laundering concern that warrants the maintaining of correspondent or the end of paragraph (g)(2)(x), removing implementation of a special measure payable-through accounts by covered the period and adding ‘‘; or’’ at the end under Section 311. Elsewhere in this of paragraph (g)(2)(xi), and adding issue of the Federal Register, FinCEN is U.S. financial institutions. paragraph (g)(2)(xii). publishing a withdrawal of the related II. The Finding and Notice of Proposed The addition reads as follows: finding regarding BPA. Rulemaking § 301.6721–1 Failure to file correct DATES: The notice of proposed information returns. rulemaking is withdrawn as of March 4, On March 13, 2015, FinCEN provided notice in the Federal Register that it had * * * * * 2016. found Banca Privada d’Andorra (g) * * * FOR FURTHER INFORMATION CONTACT: The (2) * * * FinCEN Resource Center at (800) 767– (‘‘BPA’’), a bank headquartered in (xii) Section 6035 (relating to basis of 2825. Andorra, to be of primary money laundering concern.1 Based on the property acquired from decedents). SUPPLEMENTARY INFORMATION: finding, FinCEN also published on * * * * * ■ Par. 9. Section 301.6722–1 is I. Background March 13, 2015 a notice of proposed amended by removing the word ‘‘or’’ at On October 26, 2001, the President rulemaking (‘‘NPRM’’) proposing the the end of paragraph (d)(2)(xxxiii), signed into law the Uniting and imposition of the fifth special measure removing the period and adding a semi- Strengthening America by Providing with respect to BPA, and invited public colon in its place followed by the word Appropriate Tools Required to Intercept ‘‘or’’ at the end of paragraph and Obstruct Terrorism Act of 2001, 1 80 FR 13,464 (Mar. 13, 2015).

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comment.2 Specifically, FinCEN and the bridge bank sold.4 In July 2015, ENVIRONMENTAL PROTECTION proposed to prohibit covered financial AREB announced the creation of the AGENCY institutions from establishing, bridge bank, named Vall Banc, to maintaining, administering, or receive the transfer of BPA’s legitimate 40 CFR Part 52 managing in the United States any assets, liabilities, and clients. Vall Banc [EPA–R10–OAR–2015–0353, FRL–9943–24– correspondent account for, or on behalf is wholly-owned by AREB, is registered Region 10] of, BPA. FinCEN also proposed to with the INAF, and is supervised by require a covered financial institution to Andorran banking supervisory Approval and Promulgation of apply special due diligence to all of its authorities. Vall Banc will not employ Implementation Plans; Alaska: foreign correspondent accounts that is Updates to Incorporation by Reference the high-level BPA managers described reasonably designed to guard against and Miscellaneous Revisions in FinCEN’s Notice of Finding. In processing transactions involving BPA. AGENCY: Among other things, covered financial addition, any other person who has Environmental Protection institutions would have been required been or may be identified as related to Agency (EPA). to notify those foreign correspondent the issues described in the Notice of ACTION: Proposed rule. account holders that the covered Finding will not be employed at Vall Banc. SUMMARY: The Environmental Protection financial institutions know or have Agency (EPA) proposes to approve reason to know provide services to BPA After the good assets, liabilities, and certain State Implementation Plan that such correspondents may not clients are transferred from BPA to Vall revisions submitted by Alaska on May provide BPA with access to the Banc, BPA will remain under the 12, 2015. The revisions updated the correspondent account maintained at control of AREB. FinCEN understands incorporation by reference of certain the covered financial institution. that BPA will not be reactivated as an Federal provisions, revised rules to III. Subsequent Developments operational financial institution at any reflect changes to Federal permitting requirements and the 2013 Significant developments regarding point except to facilitate the finalization redesignation of the Mendenhall Valley BPA have occurred since FinCEN of the resolution process. AREB, in area of Juneau, and made minor announced its finding and related coordination with other authorities in clarifications. We note that the May 12, NPRM regarding BPA, as described Andorra, ultimately intends to liquidate 2015 submission also addressed below. As a result, BPA is no longer BPA following the resolution of judicial transportation conformity and operating as a financial institution that proceedings in Andorra and other infrastructure requirements. These poses a money laundering threat to the jurisdictions. requirements are not being addressed in U.S. financial system. On March 11, 2015, the Institut IV. Withdrawal of the NPRM this action. We approved the transportation conformity revisions in a Nacional Andorra` de Finances Because of these subsequent (‘‘INAF’’), the Andorran regulator and previous action on September 8, 2015 developments, BPA no longer operates and we intend to address the supervisor of financial institutions, in a manner that poses a money appointed two INAF representatives to infrastructure requirements in a laundering threat to the U.S. financial separate, future action. oversee BPA’s operations. On March 12, system. FinCEN has determined that the 2015, the INAF suspended the authority DATES: Comments must be received on steps taken by the authorities in of BPA’s board of directors, the chief or before April 4, 2016. Andorra sufficiently protect the U.S. executive officer and two other senior ADDRESSES: Submit your comments, managers and appointed special financial system from the money identified by Docket ID No. EPA–R10– administrators to assume full control of laundering risks previously associated OAR–2015–0353, at http:// BPA. On March 13, 2015, Andorran law with BPA. FinCEN therefore has www.regulations.gov. Follow the online enforcement arrested BPA’s chief determined that BPA no longer is a instructions for submitting comments. executive officer in Andorra on primary money laundering concern and Once submitted, comments cannot be suspicion of money laundering. will not impose any special measures edited or removed from http:// The next month, in April 2015, the under Section 311 with respect to BPA. www.regulations.gov. The EPA may Andorran parliament enacted a law For these reasons, FinCEN hereby publish any comment received to its regarding the restructuring and withdraws its NPRM published on public docket. Do not submit resolution of banks, which created a March 13, 2015, and announced on electronically any information you consider to be Confidential Business new government agency, Age`ncia March 10, 2015, seeking to impose the Information (CBI) or other information Estatal de Resolucio´ d’Entitats Banca`ries fifth special measure regarding BPA. (‘‘AREB’’), for that purpose. On April the disclosure of which is restricted by 27, 2015, AREB took over control of Jamal El-Hindi, statute. Multimedia submissions (audio, BPA.3 In June 2015, AREB approved a Deputy Director, Financial Crimes video, etc.) must be accompanied by a resolution plan for BPA, under which Enforcement Network. written comment. The written comment the bank’s ‘‘good’’ and ‘‘bad’’ assets, [FR Doc. 2016–04768 Filed 3–3–16; 8:45 am] is considered the official comment and should include discussion of all points liabilities, and clients would be BILLING CODE 4810–02–P separated. Under the resolution plan, you wish to make. The EPA will the ‘‘good’’ assets, liabilities, and clients generally not consider comments or are to be transferred to a bridge bank, comment contents located outside of the primary submission (i.e. on the web, 2 80 FR 13,304 (Mar. 13, 2015) (RIN 1506–AB30). cloud, or other file sharing system). For FinCEN publicly announced the finding and NPRM additional submission methods, the full 4 Press Release, AREB, AREB Will Create a ‘Good on March 10, 2015. EPA public comment policy, 3 Press Release, AREB, AREB Assumes the Bank’ with Legitimate Assets and Liabilities Tutelage of BPA, April 27, 2015, (http://areb.ad/ Segregated from BPA, June 15, 2015, (http:// information about CBI or multimedia images/areb/comunicats/ areb.ad/images/areb/comunicats/ submissions, and general guidance on 27042015_AREB_ENG.pdf) 15062015_AREB_ENG.pdf) making effective comments, please visit

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http://www2.epa.gov/dockets/ addressed in this action. We previously is received after the EPA trigger date— commenting-epa-dockets. approved the transportation conformity which for PM2.5 is October 20, 2011. For Docket: All documents in the revisions on September 8, 2015 (80 FR this region of Alaska, the minor source electronic docket are listed in the http:// 53735). We intend to address the baseline date is November 2, 2012. www.regulations.gov index. Although infrastructure requirements in a Emission changes at sources after this listed in the index, some information is separate, future action. date consume the PM2.5 PSD increment. not publicly available, i.e., CBI or other We are proposing to approve this rule information the disclosure of which is II. Analysis of Rule Updates revision. restricted by statute. Certain other Ambient Air Quality Standards—18 Documents, Procedures and Methods material, such as copyrighted material, AAC 50.010 Adopted by Reference—18 AAC 50.035 is not placed on the Internet and will be In the Ambient Air Quality Standards publicly available only in hard copy Alaska submitted revisions to rule section, Alaska revised paragraph form. Publicly available docket paragraphs (a) and (b) of the Documents, (1)(A) to reference the appropriate materials are available either Procedures and Methods Adopted by Federal interpretation method for electronically at http:// Reference rule section to include the determining compliance with the 24- www.regulations.gov or in hard copy Quality Assurance Handbook for Air hour standard for particulate matter during normal business hours at the Pollutant Measurement Systems and the with an aerodynamic diameter less than Office of Air, Waste and Toxics, EPA Federal reference method for measuring or equal to a nominal 10 micrometers Region 10, 1200 Sixth Avenue, Seattle, carbon monoxide in ambient air. Alaska (PM ). The interpretation method is Washington 98101. 10 also repealed the section’s reference to specified at 40 CFR part 50, Appendix FOR FURTHER INFORMATION CONTACT: a Federal monitoring provision that was K, and Alaska incorporates this likewise repealed. The revisions update Kristin Hall at (206) 553–6357 or provision by reference into the Alaska [email protected]. the incorporation by reference of SIP at 18 AAC 50.035(b). We are specific Federal procedures and SUPPLEMENTARY INFORMATION: proposing to approve this revision. methods into the Alaska SIP, as of Throughout this document wherever We note that, consistent with our February 27, 2014. We are proposing to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is September 19, 2014 action, we are not approve the submitted revisions. intended to refer to the EPA. approving paragraphs (7) and (8) of this We note that, consistent with our Table of Contents section, which establish state ambient September 19, 2014 action, we are not air quality standards for reduced sulfur approving paragraph (a)(6) of this rule I. Background compounds and ammonia (79 FR II. Analysis of Rule Updates section because the provision III. Proposed Action 56268). These are not NAAQS implements requirements of title V of IV. Incorporation by Reference established under section 109 of the the CAA and not requirements of V. Statutory and Executive Order Reviews CAA and Alaska has not relied on these section 110 of title I of the CAA. We are provisions to demonstrate attainment or also not approving paragraph (b)(4) I. Background maintenance of the NAAQS or to meet which specifies test methods related to Section 110 of the Clean Air Act other specific requirements of section 40 CFR part 63 because it is not related (CAA) governs the process by which a 110 of the CAA. to attainment or maintenance of the state submits air quality requirements to Air Quality Designations—18 AAC NAAQS or other specific requirements the EPA for approval into the State 50.015 of section 110 of the CAA (79 FR Implementation Plan (SIP). The SIP is a 56268). state’s plan to implement, maintain and Alaska revised paragraphs (b)(2) and enforce the National Ambient Air (e) of the Air Quality Designations, Federal Standards Adopted by Quality Standards (NAAQS) set by the Classifications, and Control Regions Reference—18 AAC 50.040 EPA. Alaska’s air quality regulations are rule section to reflect the redesignation Alaska submitted revisions to set forth at Alaska Administrative Code of the Mendenhall Valley area of Juneau paragraphs (f) and (h) of the Federal Title 18 Environmental Conservation, to attainment for the 24-hour PM10 Standards Adopted by Reference rule Chapter 50 Air Quality Control (18 AAC NAAQS. The EPA approved Alaska’s section to update the citation dates for 50). Alaska regularly revises these and maintenance plan and request to the adoption by reference of the Federal other rules to implement, maintain and redesignate the area on May 9, 2013 (78 Guideline on Air Quality Models at enforce the standards. FR 27071). We are proposing to approve paragraph (f) and the Federal PSD We note that Alaska incorporates by the update to this rule section to reflect permitting requirements at paragraph reference portions of certain Federal the redesignation. (h). We are proposing to approve the regulations directly into the Alaska SIP. changes to 18 AAC 50.040(f) and (h) Baseline Dates and Maximum Allowable Alaska generally submits an annual because they update the Alaska SIP to Increases—18 AAC 50.020 update to the EPA to ensure that its reflect recent changes to Federal rules stay consistent with Federal Alaska updated Table 2 in paragraph requirements, including the EPA’s final requirements. On May 12, 2015, Alaska (a) of the Baseline Dates and Maximum rule to remove specific screening submitted such an update, and included Allowable Increases rule section to set provisions from PSD regulations that other revisions to account for changes to the minor source baseline date for fine were vacated by a court and Federal permitting rules and the 2013 particulate matter (PM2.5) for the subsequently repealed by the EPA, as redesignation of the Mendenhall Valley Northern Alaska Intrastate Air Quality discussed below. area of Juneau. Alaska also included Control Region. This baseline date is On January 22, 2013, the U.S. Court some minor rule clarifications and edits. calculated based on a trigger date set in of Appeals for the District of Columbia, We note that the May 12, 2015 Federal major source permitting in Sierra Club v. EPA, 703 F.3d 458 submission also addressed regulations. The baseline date is (D.C. Cir. 2013), issued a judgment that, transportation conformity and calculated as the date on which the first among other things, vacated the infrastructure-related requirements. complete Prevention of Significant provisions adding the PM2.5 Significant These requirements are not being Deterioration (PSD) permit application Monitoring Concentration (SMC) to the

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Federal regulations, at 40 CFR AAC 50.040(h) and 18 AAC 50.215 as • 18 AAC 50.010 Ambient Air 51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c), being consistent with the court decision Quality Standards, except paragraphs that were promulgated as part of the and revised EPA regulations for the (7) and (8); ‘‘Prevention of Significant Deterioration PM2.5 SMC and SILs. • 18 AAC 50.015 Air Quality (PSD) for Particulate Matter Less than Designations, Classifications, and Ambient Air Quality Analysis 2.5 Micrometers (PM2.5)—Increments, Control Regions; Significant Impact Levels (SILs) and Methods—18 AAC 50.215 • 18 AAC 50.020 Baseline Dates and Significant Monitoring Concentration Alaska revised paragraph (a)(3) of the Maximum Allowable Increases; (SMC); Final Rule,’’ (75 FR 64864, Ambient Air Quality Analysis Methods • 18 AAC 50.035 Documents, October 10, 2010) (2010 PSD PM2.5 rule section to include a reference to the Procedures and Methods Adopted by Implementation Rule). Quality Assurance Project Plan for the Reference, except paragraphs (a)(6) and In its decision, the court held that the State of Alaska Air Monitoring and (b)(4); EPA did not have the authority to use Quality Assurance Program (QAPP) for • 18 AAC 50.040 Federal Standards SMCs to exempt permit applicants from meteorological data, as adopted by Adopted by Reference, except (a), (b), statutory requirements related to PSD. reference in 18 AAC 50.030. We are (c), (d), (e), (g), (i), (j), and (k); and • Although the PM2.5 SMC was not a proposing to approve the revision 18 AAC 50.215 Ambient Air required element of a state’s PSD because the EPA has reviewed and Quality Analysis Methods, except (a)(4). program, were a state PSD program that approved the QAPP through a separate We note that we previously approved contains such a provision to rely on that quality assurance/quality control review the submitted rule revisions related to provision to issue new permits without process. transportation conformity at 18 AAC requiring ambient PM2.5 monitoring Alaska revised paragraph (d) of this 50.700 through 18 AAC 50.750 and 18 data, such application of the vacated section, intending to align the rule AAC 50.990 on September 8, 2015 (80 SMC would be inconsistent with the language with the explanation of when FR 53735). court’s opinion and the requirements of and how SILs should be used by IV. Incorporation by Reference the CAA. permitting authorities that the EPA This decision also—at the EPA’s In this rule, we are proposing to provided in the preamble to the Federal request—vacated and remanded to the include in a final rule regulatory text Register publication when the EPA for further consideration the that includes incorporation by provisions were originally promulgated portions of the 2010 PSD PM reference. In accordance with 2.5 (October 20, 2010, 75 FR 64864). Alaska Implementation Rule that revised requirements of 1 CFR 51.5, we are also updated the SILs table in paragraph certain Federal regulations related to proposing to incorporate by reference (d), adding SILs for the annual and 24- Significant Impact Levels (SILs) for the provisions described above in hour PM2.5 NAAQS, and for 1-hour PM2.5. The EPA requested this vacatur Section VI. Proposed Action. and remand of two of the three sulfur dioxide (SO2) and nitrogen The EPA has made, and will continue provisions in the EPA regulations that dioxide (NO2) NAAQS. The SILs values to make, these documents generally in the table are consistent with the contain SILs for PM2.5, because the available electronically through http:// wording of these two SIL provisions (40 EPA’s implementing regulations at 40 www.regulations.gov and/or in hard CFR 51.166(k)(2) and 40 CFR CFR 51.165(b) and the EPA’s NO2 and copy at the appropriate EPA office (see 52.21(k)(2)) is inconsistent with the SO2 guidance and recommended the ADDRESSES section of this preamble explanation of when and how SILs interim SILs for the 1-hour NO2 and 1- for more information). should be used by permitting authorities hour SO2 NAAQS. We are proposing to that we provided in the preamble to the approve the revisions as being V. Statutory and Executive Order Federal Register publication when we consistent with the January 22, 2013, Reviews promulgated these provisions. The third court decision vacating the PM2.5 SILs Under the CAA, the Administrator is SIL provision (40 CFR 51.165(b)(2)) was and SMC discussed above. required to approve a SIP submission not vacated and remains in effect. The Consistent with our previous actions that complies with the provisions of the court’s decision does not affect the PSD on the Alaska SIP, the EPA is proposing CAA and applicable Federal regulations. increments for PM2.5 promulgated as not to approve paragraph (a)(4), which 42 U.S.C. 7410(k); 40 CFR 52.02(a). part of the 2010 PSD PM2.5 authorizes the Alaska Department of Thus, in reviewing SIP submissions, the Implementation Rule. Environmental Conservation to approve EPA’s role is to approve state choices, The EPA amended its regulations to any alternative method that it provided that they meet the criteria of remove the vacated PM2.5 SILs and SMC determines is ‘‘representative, accurate, the CAA. Accordingly, this proposed provisions from PSD regulations on verifiable, capable of replication.’’ In action merely approves state law as December 9, 2013 (78 FR 73698). In essence, this subparagraph allows the meeting Federal requirements and does addition, the EPA is initiating a separate department to modify requirements not impose additional requirements rulemaking regarding the PM2.5 SILs that relied on to attain and maintain the beyond those imposed by state law. For will address the court’s remand. NAAQS without a SIP revision. For that reason, this proposed action: In the May 12, 2015 submission, additional discussion, please see the • Is not a significant regulatory action Alaska updated the citation date for the technical support documents for our subject to review by the Office of incorporation by reference of Federal previous actions on September 19, 2014 Management and Budget under PSD permitting rules to December 9, (79 FR 56268) and on August 14, 2007 Executive Orders 12866 (58 FR 51735, 2013, to capture the EPA’s removal of (72 FR 45378). See also 78 FR 12460, October 4, 1993) and 13563 (76 FR 3821, the vacated SILs and SMC provisions. In 12485–86 (Feb. 22, 2013). January 21, 2011); addition, Alaska submitted changes to • III. Proposed Action does not impose an information the Ambient Air Quality Analysis collection burden under the provisions Methods rule section at 18 AAC 50.215 We are proposing to approve and of the Paperwork Reduction Act (44 to address the court vacatur. These incorporate by reference into the Alaska U.S.C. 3501 et seq.); changes are discussed below. We are SIP the following revised provisions, • is certified as not having a proposing to approve the changes to 18 state effective April 17, 2015: significant economic impact on a

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substantial number of small entities FEDERAL COMMUNICATIONS Notice of Proposed Rulemaking in IB under the Regulatory Flexibility Act (5 COMMISSION Docket Nos. 11–80, 10–95, 05–254 and U.S.C. 601 et seq.); RM–11322, FCC 16–13, adopted on 47 CFR Part 63 • does not contain any unfunded February 10, 2016 and released on mandate or significantly or uniquely [IB Docket Nos. 11–80, 10–95, 05–254, RM– February 12, 2016. The full text of this document is available for inspection affect small governments, as described 11322; FCC 16–13] and copying during normal business in the Unfunded Mandates Reform Act International Settlements Policy hours in the FCC Reference Center, 445 of 1995 (Pub. L. 104–4); Reform 12th Street SW., Washington, DC 20554. • does not have Federalism The document also is available for implications as specified in Executive AGENCY: Federal Communications download over the Internet at https:// Order 13132 (64 FR 43255, August 10, Commission. apps.fcc.gov/edocs_public/attachmatch/ 1999); ACTION: Proposed rule. FCC-16-13A1.pdf. • is not an economically significant SUMMARY: In this document, based on Comment Filing Procedures regulatory action based on health or recent State Department guidance, the Pursuant to §§ 1.415, 1.419, interested safety risks subject to Executive Order Federal Communications Commission parties may file comments and reply 13045 (62 FR 19885, April 23, 1997); (Commission) proposes to remove the comments on or before the dates • is not a significant regulatory action nondiscrimination prong of the indicated above. Comments may be filed subject to Executive Order 13211 (66 FR International Settlements Policy (ISP) using the Commission’s Electronic 28355, May 22, 2001); on the U.S.-Cuba route and the Comment Filing System (ECFS). See • nondiscrimination requirement Electronic Filing of Documents in is not subject to requirements of condition placed on the waiver of Section 12(d) of the National Rulemaking Proceedings, 63 FR 24121 benchmark settlements for the U.S.- (1998). Technology Transfer and Advancement Cuba route by the TeleCuba Waiver • Electronic Filers: Comments may be Act of 1995 (15 U.S.C. 272 note) because Order. Removal of these filed electronically using the Internet by it does not involve technical standards; nondiscrimination requirements would accessing the Commission’s ECFS Web and allow U.S. carriers to enter into site at http://apps.fcc.gov/ecfs/. • does not provide the EPA with the individualized contracts with the Cuban • Paper Filers: Parties who choose to discretionary authority to address, as carrier. file by paper must file an original and appropriate, disproportionate human DATES: Submit comments on or before one copy of each filing. If more than one health or environmental effects, using April 4, 2016, and replies on or before docket or rulemaking number appears in practicable and legally permissible April 18, 2016. the caption of this proceeding, filers methods, under Executive Order 12898 ADDRESSES: You may submit comments, must submit two additional copies for (59 FR 7629, February 16, 1994). identified by Docket Nos. 11–80, 10–95, each additional docket or rulemaking 05–254 and RM–11322, by any of the number. Filings can be sent by hand or In addition, the SIP is not approved messenger delivery, by commercial to apply on any Indian reservation land following methods: • Federal eRulemaking Portal: http:// overnight courier, or by first-class or or in any other area where the EPA or www.regulations.gov. Follow the overnight U.S. Postal Service mail. All an Indian tribe has demonstrated that a instructions for submitting comments. filings must be addressed to the tribe has jurisdiction. In those areas of • Federal Communications Commission’s Secretary, Office of the Indian country, the rule does not have Commission’s ECFS Web site: http:// Secretary, Federal Communications tribal implications as specified by fjallfoss.fcc.gov/ecfs2/. Follow the Commission. • Executive Order 13175 (65 FR 67249, instructions for submitting comments. All hand-delivered or messenger- November 9, 2000), nor will it impose • People With Disabilities: Contact delivered paper filings for the substantial direct costs on tribal the FCC to request reasonable Commission’s Secretary must be governments or preempt tribal law. accommodations (accessible format delivered to FCC Headquarters at 445 12th St. SW., Room TW–A325, List of Subjects in 40 CFR Part 52 documents, sign language interpreters, CART, etc.) by email to FCC504@ Washington, DC 20554. The filing hours Environmental protection, Air fcc.gov, phone: 202–418–0530 (voice), are 8:00 a.m. to 7:00 p.m. All hand pollution control, Incorporation by tty: 202–418–0432. deliveries must be held together with rubber bands or fasteners. Any reference, Intergovernmental relations, For detailed instructions on envelopes and boxes must be disposed Lead, Nitrogen dioxide, Ozone, submitting comments and additional information on the rulemaking process, of before entering the building. Particulate matter, Reporting and • Commercial overnight mail (other recordkeeping requirements, Sulfur see the SUPPLEMENTARY INFORMATION section of this document. than U.S. Postal Service Express Mail oxides, Volatile organic compounds. and Priority Mail) must be sent to 9300 FOR FURTHER INFORMATION CONTACT: East Hampton Drive, Capitol Heights, Authority: 42 U.S.C. 7401 et seq. David Krech or Jodi Cooper, MD 20743. Dated: February 17, 2016. Telecommunications and Analysis • U.S. Postal Service first-class, Dennis J. McLerran, Division, International Bureau, FCC, Express, and Priority mail must be Regional Administrator, Region 10. (202) 418–1480 or via email to addressed to 445 12th Street SW., [email protected], Jodi.Cooper@ [FR Doc. 2016–04753 Filed 3–3–16; 8:45 am] Washington DC 20554. fcc.gov. On PRA matters, contact Cathy BILLING CODE 6560–50–P Williams, Office of the Managing Summary of Further Notice of Proposed Director, FCC, (202) 418–2918 or via Rulemaking email to [email protected]. 1. The Further Notice of Proposed SUPPLEMENTARY INFORMATION: This is a Rulemaking (FNPRM) proposes to summary of the Commission’s Further remove the nondiscrimination

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requirements from the U.S.-Cuba route. provide similar opportunities? More calling rates for services to Cuba, as well Recent policy guidance from the U.S. generally, comment is sought on as other international routes.’’ TeleCuba Department of State (State Department) whether removal of these Waiver Order, 26 FCC Rcd at 5222, para. recommends that the Commission nondiscrimination requirements may 15. Commenters may address whether it discontinue application of the encourage competition on the U.S.-Cuba would serve the public interest to nondiscrimination requirements on the route. Would the ability of U.S. carriers reevaluate other conditions adopted in U.S.-Cuba route in light of the changes to negotiate individualized operating the TeleCuba Waiver Order in light of in U.S.-Cuba relations. See Modification agreements with ETECSA give U.S. the proposed changes. Finally, the of Process Regarding the Licensing of carriers the ability to negotiate lower FNPRM seeks comment on whether Telecommunications Services Between rates? Are there any concerns that there are other actions the Commission the United States and Cuba, Public removal of our nondiscrimination should take involving the U.S.-Cuba Notice, 30 FCC Rcd 12458 (IB 2015) requirements would cause route to facilitate the provision of (2015 Cuba Public Notice). Currently, discrimination or threats of service between the United States and under Commission policy and rules, the discrimination or other anticompetitive Cuba. terms and conditions of any operating actions against U.S. carriers as a strategy Initial Paperwork Reduction Act of agreement to provide facilities-based to obtain pricing concessions regarding 1995 Analysis switched voice service on the U.S.-Cuba the exchange of traffic between the route between a U.S. carrier and a United States and Cuba? 5. The Further Notice does not carrier with market power in Cuba must 3. The FNPRM observes that the contain new or modified information be identical to the equivalent terms and operation of the current benchmark collection requirements subject to the conditions in the agreement of any other settlement rate for telecommunications Paperwork Reduction Act of 1995, U.S. carrier providing the same or services between the United States and Public Law 104–13. In addition, similar service between the United Cuba—which we are not proposing to therefore, it does not contain any new States and Cuba. The FNPRM seeks change—will continue to provide a or modified information collection comment on the State Department’s safeguard against anticompetitive burden for small business concerns with recommendation for removal of the actions against U.S. carriers. (The State fewer than 25 employees, pursuant to nondiscrimination requirements based Department recommends that the the Small Business Paperwork Relief on the changes in U.S.-Cuba relations Commission continue to apply the Act of 2002.1 and whether such a Commission action benchmarks settlement policy on the U.S.-Cuba route, but continue to allow Initial Regulatory Flexibility would serve the public interest. Certification Specifically, the FNPRM seeks comment waivers of limited duration. See 2015 on removing (1) the nondiscrimination Cuba Public Notice, 30 FCC Rcd at 6. The Regulatory Flexibility Act of 2 prong of the International Settlements 12461.) Although carriers may still 1980, as amended (RFA), requires that Policy (ISP), as codified in 47 CFR obtain operating agreements above the an initial regulatory flexibility analysis 63.22(f), and (2) the nondiscrimination benchmark rate, such agreements would be prepared for notice-and-comment requirement condition placed on the require Commission grant of a waiver of rule making proceedings, unless the waiver of benchmark settlements by the the benchmark rate before they could go agency certifies that ‘‘the rule will not, TeleCuba Waiver Order. See IConnect into effect, and, in considering the if promulgated, have a significant waiver, the Commission would have the Wholesale, Inc., d/b/a TeleCuba; economic impact on a substantial opportunity to assess on a case-by-case 3 Petition for Waiver of the International number of small entities.’’ The RFA basis whether allowing an above Settlements Policy and Benchmark Rate generally defines the term ‘‘small benchmark settlement rate without the for Facilities-Based entity’’ as having the same meaning as protections of a nondiscrimination rule Telecommunications Services with the terms ‘‘small business,’’ ‘‘small (with or without conditions) would Cuba, Memorandum Opinion and organization,’’ and ‘‘small governmental serve the public interest. Comment is 4 Order, 26 FCC Rcd 5217, 5228, para. 31 jurisdiction.’’ In addition, the term sought on these observations. (IB 2011) (TeleCuba Waiver Order). ‘‘small business’’ has the same meaning 4. Currently, any agreement with as the term ‘‘small business concern’’ 2. The FNPRM seeks comment on ETECSA is routinely made available for under the Small Business Act.5 A whether removal of these public inspection under the ‘‘small business concern’’ is one which: nondiscrimination requirements would nondiscrimination requirement (1) Is independently owned and serve the public interest, for example, condition placed on the waiver of the operated; (2) is not dominant in its field by leading to more direct agreements benchmark settlements in the TeleCuba between U.S. carriers and the Cuban Waiver Order. TeleCuba Waiver Order, 1 Public Law 107–198, 116 Stat. 729 (2002); see carrier, ETECSA. In the 2012 ISP Reform 26 FCC Rcd at 5228, para. 31. The FPRM 44 U.S.C. 3506 (c)(4). Order, 78 FR 11109 (Feb. 15, 2013), the seeks comment on whether, if the 2 See 5 U.S.C. 603. The RFA, 5 U.S.C. 2002); Commission found that removal of the Commission is to remove the §601–612, has been amended by the Small Business ISP on all routes (except the Regulatory Enforcement Fairness Act of 1996 nondiscrimination requirement in the (SBREFA), Public Law 104–121, Title II, 110 Stat. nondiscrimination prong on the U.S.- TeleCuba Waiver Order, it also should 847, 857 (1996). Cuba route) would provide U.S. carriers no longer consider operating agreements 3 5 U.S.C. 605(b). greater flexibility to negotiate lower between a U.S. carrier and ETECSA to 4 5 U.S.C. 601(6). settlement rates. See International be routinely available for public 5 5 U.S.C. 601(3) (incorporating by reference the Settlement Policy Reform et al., Report inspection. In that waiver order, the definition of ‘‘small business concern’’ in the Small Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. and Order, 27 FCC Rcd 15521 (2012) International Bureau adopted other 601(3), the statutory definition of a small business (2012 ISP Reform Order). Do conditions that it believed would help applies ‘‘unless an agency, after consultation with commenters agree that circumstances ‘‘balance the policy goals of the Office of Advocacy of the Small Business have now changed sufficiently with reestablishing direct Administration and after opportunity for public comment, establishes one or more definitions of respect to Cuba to anticipate that the telecommunications links with Cuba by such term which are appropriate to the activities of removal of the nondiscrimination prong U.S. carriers with promoting the agency and publishes such definitions(s) in the of the ISP on the U.S.-Cuba route will competition and lower international Federal Register’’.

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of operation; and (3) satisfies any Communications Act of 1934, as DEPARTMENT OF COMMERCE additional criteria established by the amended, 47 U.S.C. 151, 152, 154(i), Small Business Administration (SBA). 154(j), 201–205, 208, 211, 214, 303(r), National Oceanic and Atmospheric 7. The Commission has licensed 309, and 403, this Further Notice of Administration facilities-based telecommunications Proposed Rulemaking IS ADOPTED. between the United States and Cuba 50 CFR Part 622 based on policy guidance from the State 11. IT IS FUTHER ORDERED that [Docket No. 150303208–6099–01] due to the unique relationship between NOTICE IS HEREBY GIVEN of the the United States and Cuba. The State proposed regulatory changes to RIN 0648–BE70 Department has recently provided new Commission policy and rules described guidance that recommends that the in this Further Notice of Proposed Fisheries of the Caribbean, Gulf of Commission remove the Rulemaking and that comment is sought Mexico, and South Atlantic; Snapper- nondiscrimination requirements placed on these proposals. Grouper Fishery Off the Southern Atlantic States; Amendment 35 on the U.S.-Cuba route. 12. IT IS FURTHER ORDERED that 8. In this Further Notice, the the Commission’s Consumer and AGENCY: National Marine Fisheries Commission seeks comment on Governmental Affairs Bureau, Reference Service (NMFS), National Oceanic and proposals to remove the Information Center, SHALL SEND a Atmospheric Administration (NOAA), nondiscrimination requirements for the copy of this Further Notice of Proposed Commerce. provision of telecommunications services between the United States and Rulemaking, including the Initial ACTION: Proposed rule; request for Cuba. We seek comment on whether, if Regulatory Flexibility Certification, to comments. we are to remove the nondiscrimination the Chief Counsel for Advocacy of the Small Business Administration. SUMMARY: NMFS proposes regulations to requirements, we also should no longer implement Amendment 35 to the consider operating agreements between List of Subjects in 47 CFR Part 63 Fishery Management Plan for the a U.S. carrier and ETECSA to be Snapper-Grouper Fishery of the South routinely available for public Communications common carriers, Atlantic Region (FMP) (Amendment 35), inspection. The proposals in this Telecommunications. as prepared and submitted by the South Further Notice are designed to allow Federal Communications Commission. Atlantic Fishery Management Council U.S. carriers to negotiate individualized Gloria J. Miles, (Council). The proposed rule, if operating agreements with ETECSA, the implemented, would remove black Cuban carrier. Allowing U.S. carriers to Federal Register Liaison Officer, Office of the Secretary. snapper, mahogany snapper, dog negotiate individualized operating snapper, and schoolmaster from the agreements may lead to more U.S. For the reasons discussed in the FMP as well as revise regulations carriers entering into operating preamble, the Federal Communications regarding the golden tilefish longline agreements with ETECSA, more direct Commission proposes to amend 47 CFR endorsement program. The purpose of connections between the United States part 63 as follows: this rule is to ensure that only snapper- and Cuba, and lower settlement rates on grouper species requiring Federal the U.S.-Cuba route. Proposed Rules 9. The proposals in this Further management are included in the Notice, if adopted, would not change PART 63—EXTENSION OF LINES, NEW Snapper-Grouper FMP, improve the the need for a U.S. carrier to reach an LINES, AND DISCONTINUANCE, consistency of management of snapper- agreement with the Cuban carrier and to REDUCTION, OUTAGE AND grouper species in waters off south Florida across state and Federal file the agreement with the Commission. IMPAIRMENT OF SERVICE BY jurisdictional boundaries, and to align Therefore, these rule changes should not COMMON CARRIERS; AND GRANTS have a significant economic impact on regulations for golden tilefish longline OF RECOGNIZED PRIVATE endorsements with the Council’s any carrier. Further, these requirements OPERATING AGENCY STATUS are only applicable to facilities-based original intent for establishing the longline endorsement program. carriers, which are generally large ■ 1. The authority citation for part 63 DATES: Written comments must be companies and do not come within the continues to read as follows: definition of small businesses. received on or before April 4, 2016. Consequently, we do not believe that Authority: Sections 1, 4(i), 4(j), 10, 11, ADDRESSES: You may submit comments the proposals affect a substantial 201–205, 214, 218, 403 and 651 of the on the proposed rule identified by number of small businesses. Communications Act of 1934, as amended, ‘‘NOAA–NMFS–2015–0076’’ by any of Accordingly, the Commission certifies 47 U.S.C. 151, 154(i), 154(j), 160, 201–205, the following methods: that the proposed rule change will not 214, 218, 403, and 571, unless otherwise • Electronic Submissions: Submit all have a significant economic impact on noted. electronic public comments via the Federal e-Rulemaking Portal: http:// a substantial number of small entities. 63.22 [Amended]. The Commission will send a copy of the www.regulations.gov. Go to Further Notice, including a copy of this ■ 2. In § 63.22 remove and reserve www.regulations.gov/ Initial Regulatory Flexibility paragraph (f). #!docketDetail;D=NOAA-NMFS-2015- Certification, to the Chief Counsel for [FR Doc. 2016–04837 Filed 3–3–16; 8:45 am] 0076, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter Advocacy of the SBA. This initial BILLING CODE 6712–01–P certification will also be published in or attach your comments. the Federal Register. • Mail: Submit written comments to Nikhil Mehta, Southeast Regional Ordering Clauses Office, NMFS, 263 13th Avenue South, 10. IT IS ORDERED that, pursuant to St. Petersburg, FL 33701. Sections 1, 2, 4(i), 4(j), 201–205, 208, Instructions: Comments sent by any 211, 214, 303(r), 309, and 403, of the other method, to any other address or

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individual, or received after the end of Atlantic, and Florida. Inconsistent be able to extend their management the comment period, may not be regulations make enforcement difficult authority for these species into Federal considered by NMFS. All comments and can be confusing to the public. This waters, because states may not generally received are a part of the public record rule would remove black snapper, manage species in Federal waters if and will generally be posted for public mahogany snapper, dog snapper, and those species are included in Federal viewing on www.regulations.gov schoolmaster from the FMP and NMFS’s fishery management plans. without change. All personal identifying management in Federal waters of the A formal stock assessment has not information (e.g., name, address, etc.), South Atlantic to ensure that only been performed for black snapper, confidential business information, or species requiring federal management mahogany snapper, dog snapper, or otherwise sensitive information are included in the FMP. The state of schoolmaster; however, there is no submitted voluntarily by the sender will Florida has indicated that if these indication that these stocks are be publicly accessible. NMFS will species are removed from the FMP, it depleted. Therefore, removing these accept anonymous comments (enter ‘‘N/ intends to extend state regulation of species from the FMP is not expected to A’’ in the required fields if you wish to these species into Federal waters off result in any adverse biological effects. remain anonymous). Florida for Florida-state registered Clarify Regulations for Golden Tilefish Electronic copies of Amendment 35 fishing vessels, under § 306(a)(3)(A) of Endorsement Holders may be obtained from the Southeast the Magnuson-Stevens Act, to provide Regional Office Web site at http:// consistent regulations for these species The final rule to implement sero.nmfs.noaa.gov. Amendment 35 across state and Federal jurisdictional Amendment 18B to the FMP (78 FR includes a draft environmental boundaries. 23858, April 23, 2013) established a assessment, a Regulatory Flexibility Act Black snapper is part of the deep- longline endorsement program for the (RFA) analysis, a Regulatory Impact water complex within the FMP. The commercial golden tilefish component Review, and a Fishery Impact deep-water complex currently includes of the snapper-grouper fishery. A Statement. black snapper, yellowedge grouper, silk longline endorsement is required to fish snapper, misty grouper, queen snapper, for golden tilefish with longline gear. FOR FURTHER INFORMATION CONTACT: sand tilefish, and blackfin snapper. If Amendment 18B also established a Nikhil Mehta, telephone: 727–824– black snapper is removed from the FMP, golden tilefish hook-and-line quota and 5305; email: [email protected]. the annual catch limit (ACL) for the modified the golden tilefish commercial SUPPLEMENTARY INFORMATION: The deep-water complex would be reduced trip limits. The golden tilefish longline snapper-grouper fishery of the South from 170,279 lb (77,237 kg), round endorsement, sector quotas, and trip Atlantic is managed under the FMP, and weight, to 169,896 lb (77,063 kg), round limits, were implemented because the includes black snapper, mahogany weight, a difference of 382 lb (173 kg), golden tilefish commercial ACL was snapper, dog snapper, schoolmaster, round weight. being harvested rapidly by fishermen and golden tilefish. The FMP was Dog snapper and mahogany snapper using longline gear, so that fishermen prepared by the Council and is are part of the other snappers complex who had historically used hook-and-line implemented through regulations at 50 within the FMP. The other snappers gear to target golden tilefish were not CFR part 622 under the authority of the complex currently includes cubera able to participate in the golden tilefish Magnuson-Stevens Fishery snapper, gray snapper, lane snapper, portion of the snapper-grouper fishery. Conservation and Management Act dog snapper, and mahogany snapper. The Council established the longline (Magnuson-Stevens Act). Removal of dog snapper and mahogany endorsement program and gear specific snapper from the FMP would reduce the commercial quotas to help ensure that Management Measures Contained in other snappers complex ACL from fishermen fishing with each gear type This Proposed Rule 1,517,716 lb (688,424 kg), round weight, have a fair and equitable allocation of This rule would remove black to 1,513,883 lb (686,688 kg), round the commercial quota. The Council did snapper, mahogany snapper, dog weight, a difference of 3,833 lb (1,739 not intend for longline endorsement snapper, and schoolmaster from the kg), round weight. holders to fish on the hook-and-line FMP, and revise the golden tilefish Dog snapper, mahogany snapper, and quota, or for non-endorsement holders longline endorsement regulations to be black snapper are not typically targeted to fish on the longline quota. consistent with the Council’s original by commercial or recreational The Council and NMFS are aware that intent for establishing the longline fishermen; therefore, bycatch associated since Amendment 18B was endorsement program. with harvest of these species is implemented, some longline extremely low. Schoolmaster is endorsement holders are transferring Remove Four Species From the FMP currently designated as an ecosystem their golden tilefish longline Black snapper, mahogany snapper, component (EC) species in the FMP. endorsement to another vessel and then dog snapper, and schoolmaster are The Council did not choose to retain fishing for golden tilefish using hook- currently in the FMP, but have dog snapper, mahogany snapper, and and-line gear under the hook-and-line extremely low commercial landings in black snapper in the FMP as EC species quota. Other endorsement holders are state and Federal waters, and almost all because the objective of the amendment renewing their Federal commercial harvest (recreational and commercial) is to establish a consistent regulatory snapper-grouper vessel permit but are occurs in waters off the coast of South environment across jurisdictional waiting to renew their golden tilefish Florida. Currently, NMFS does not boundaries in Gulf and South Atlantic longline endorsement, so that they are manage these species in Federal waters Federal waters and Florida state waters. able to fish for golden tilefish using of the Gulf of Mexico (Gulf); however, Because NMFS does not manage these hook-and-line gear under the hook-and- the species are subject to regulations in species in Gulf Federal waters, retaining line quota while their longline Florida state waters. As described in them as EC species would continue endorsement is not valid. Neither Amendment 35, there are currently inconsistent regulations across scenario is consistent with the original different regulations for recreational bag jurisdictional boundaries. Additionally, intent of the Council in Amendment limits, size limits, and catch levels for if these species are designated as EC 18B. The Council decided to clarify these species between the Gulf, South species, the state of Florida would not their intent for golden tilefish longline

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endorsement holders in Amendment 35. entities. A description of the proposed schoolmaster. During the same time Currently, as described at rule, why it is being considered, and the period, on average, 22 vessels per year § 622.191(a)(2)(ii), the regulations state objectives of, and legal basis for this commercially harvested golden tilefish that ‘‘Vessels with a golden tilefish proposed rule are contained at the using longline gear and their annual longline endorsement are not eligible to beginning of this section in the average vessel-level revenue for all fish for golden tilefish using hook-and- preamble and in the SUMMARY section of species was approximately $95,000 line gear under this 500–lb (227–kg), the preamble. A summary of the IRFA (2013 dollars), of which $55,000 was gutted weight, trip limit.’’ This rule follows. from golden tilefish. Thirty-seven would propose that ‘‘Vessels that have The Magnuson-Stevens Act provides vessels, on average (2009 through 2013), valid or renewable golden tilefish the statutory basis for this rule. No commercially harvested golden tilefish longline endorsements anytime during duplicative, overlapping, or conflicting exclusively with non-longline gear and the fishing year, are not eligible to fish Federal rules have been identified. In they earned an average of approximately for golden tilefish using hook-and-line addition, no new reporting, record- $46,000 (2013 dollars) per vessel for all gear under this 500-lb (227-;kg), gutted keeping, or other compliance species harvested, of which $2,000 was weight, trip limit.’’ Thus, a fisherman requirements are introduced by this from golden tilefish. who owns a vessel with a valid or proposed rule. Accordingly, this rule No other small entities that would be renewable golden tilefish longline does not implicate the Paperwork directly affected by this proposed rule endorsement would not be eligible to Reduction Act. have been identified. fish for golden tilefish using hook-and- This proposed rule would be expected The Small Business Administration line gear under the 500-lb (227-kg), to directly affect all commercial vessels (SBA) has established size criteria for all gutted weight, hook-and-line trip limit that harvest black snapper, dog snapper, major industry sectors in the U.S., during that fishing year. mahogany snapper, schoolmaster and/or including commercial finfish harvesters golden tilefish under the FMP. The (NAICS code 114111). A business Additional Change to Codified Text removal of the four snapper-grouper primarily involved in finfish harvesting In the part 622 regulations, NMFS species discussed in this proposed rule is classified as a small business if it is would revise ‘‘allowable biological would not directly apply to or affect independently owned and operated, is catch’’ to read ‘‘acceptable biological charter vessel and headboat (for-hire) not dominant in its field of operation catch’’ wherever it occurs. In the part businesses. Any impact to the (including its affiliates), and has 600 regulations, ‘‘ABC’’ is defined as profitability or competitiveness of for- combined annual receipts not in excess ‘‘acceptable biological catch;’’ however, hire fishing businesses would be the of $20.5 million for all its affiliated in the part 622 regulations, ‘‘ABC’’ is result of changes in for-hire angler operations worldwide. All of the vessels defined as ‘‘acceptable biological catch’’ demand and would therefore be indirect directly regulated by this rule are in three places and ‘‘allowable in nature. Currently, charter and believed to be small entities based on biological catch’’ in four places. NMFS headboat captains and crew can retain the SBA size criteria. has determined that ‘‘acceptable black snapper, dog snapper, mahogany Of the 684 vessels eligible to fish for biological catch’’ is the more precise snapper, schoolmaster and golden the species managed under the FMP, definition for ‘‘ABC’’. Therefore, to be tilefish under the recreational bag limit; only 63 of them are expected to be consistent with the part 600 regulations however, they cannot sell these fish. As affected by this proposed rule and to use the more precise such, charter and headboat captains and (approximately 9 percent). Because all terminology, NMFS proposes to change crew would only be affected as of these commercial fishing businesses the definition of ‘‘ABC’’ to ‘‘acceptable recreational anglers. The RFA does not are believed to be small entities, the biological catch,’’ and accordingly consider recreational anglers, who issue of disproportionate effects on revise ‘‘allowable biological catch,’’ would be directly affected by this small versus large entities does not arise wherever it occurs in the part 622 proposed rule, to be small entities, so in the present case. regulations. they are outside the scope of this This proposed rule would remove analysis and only the effects on black snapper, dog snapper, mahogany Classification commercial vessels were analyzed. snapper, and schoolmaster from the Pursuant to section 304(b)(1)(A) of the As of November 3, 2014, there were FMP. The state of Florida intends to Magnuson-Stevens Act, the Assistant 564 vessels with valid or renewable then extend its management of these Administrator has determined that this South Atlantic Snapper-Grouper species into Federal waters. Average proposed rule is consistent with Unlimited Permits, 120 vessels with revenues per vessel from 2009 through Amendment 35, the FMP, the valid or renewable 225-lb (102-kg) Trip 2013 for these four snapper-grouper Magnuson-Stevens Act, and other Limit Permits and 22 vessels with valid species accounted for less than 1 applicable law, subject to further or renewable longline endorsements for percent of average total revenues consideration after public comment. golden tilefish. Although all commercial received by the vessels that This proposed rule has been snapper-grouper permit holders have commercially harvested these species. determined to be not significant for the opportunity to fish for black Almost all harvest (recreational and purposes of Executive Order 12866. snapper, dog snapper, mahogany commercial) of these species occurs in A Regulatory Flexibility Act (RFA) snapper, and/or schoolmaster, on state and Federal waters off the coast of Analysis was prepared as an Appendix average, there were only four federally Florida. The normal harvest of these to Amendment 35 and is available from permitted vessels identified from 2009 species would not be expected to NMFS (see ADDRESSES). For this through 2013 that commercially landed change under management by the state proposed rule, NMFS adopts this one or more of these species each year. of Florida, thus no reduction in analysis as its initial regulatory The average annual vessel-level revenue associated ex-vessel revenue or profit flexibility analysis (IRFA) required by for all species harvested by these four would be expected from this proposed section 603 of the RFA, 5 U.S.C. 603. vessels over this period was rule. The IRFA describes the economic approximately $101,000 (2013 dollars), This proposed rule would also modify impact that this proposed rule, if of which $32 was from black snapper, the golden tilefish longline endorsement implemented, would have on small dog snapper, mahogany snapper, and/or regulations. Vessels that have Federal

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commercial snapper-grouper permits Three alternatives, including the § 622.185 Size limits. with golden tilefish longline preferred alternative, were considered * * * * * endorsements, specifically those that for modifying the golden tilefish (a) * * * harvest golden tilefish using both endorsement regulations. The first (3) Blackfin, cubera, gray, queen, silk, longline and hook-and-line gear, would alternative, the no action alternative, and yellowtail snappers—12 inches be expected to be negatively affected by would not be expected to have any (30.5 cm), TL. this proposed action because they economic effects. The current golden * * * * * would no longer be able to harvest tilefish endorsement regulations are, ■ 4. In § 622.191, the second sentence in golden tilefish using hook-and-line gear however, contrary to the intent of the paragraph (a)(2)(ii) is revised to read as under the hook-and-line quota. This Council and unintentionally limit follows: would result in reduced revenues if they golden tilefish harvest opportunities are unable to substitute the harvest of and economic benefits for hook-and-line § 622.191 Commercial trip limits. other species. A total of four vessels fishermen. The second alternative * * * * * were identified in 2014 that had a valid would revise the golden tilefish (a) * * * or renewable golden tilefish longline endorsement regulations so that any (2) * * * endorsement during some part of the vessel with a valid or renewable (ii) * * * Vessels that have valid or year and also harvested golden tilefish longline endorsement would not be renewable golden tilefish longline under the hook-and-line 500-lb (227-kg) permitted to harvest golden tilefish endorsements any time during the trip limit quota. On average, these four under the hook-and-line quota. Under fishing year, are not eligible to fish for vessels earned an estimated $8,142 the second alternative, longline golden tilefish using hook-and-line gear (2013 dollars) per vessel from golden endorsement holders that operate more under this 500-lb (227-kg), gutted tilefish landings using hook-and-line than one vessel (with a Federal snapper- weight, trip limit. gear in 2014. This accounts for grouper vessel permit) would be able to * * * * * approximately 9.2 percent of their transfer their golden tilefish longline ■ 5. In § 622.193, paragraphs (h) and (p) average total revenue per vessel (2009 endorsement to a different vessel and are revised to read as follows: through 2013; 2014 data were then continue to fish for golden tilefish incomplete). Therefore, this proposed § 622.193 Annual catch limits (ACLs), under the hook-and-line quota in a annual catch targets (ACTs), and rule, if implemented, assuming no single year. Only one vessel exhibited accountability measures (AMs). substitution of other species and this behavior in 2014. Under the second constant prices, would be expected to * * * * * alternative, the negative economic (h) Deep-water complex (including result in an estimated recurring annual effects on the longline endorsement loss of $8,142 (2013 dollars) per vessel yellowedge grouper, silk snapper, misty holders would be lower than under this grouper, queen snapper, sand tilefish, for the four vessels that harvested proposed rule, as would the positive golden tilefish using both longline and and blackfin snapper)—(1) Commercial effects experienced by the hook-and-line sector—(i) If commercial landings for hook-and-line gear. Vessels that do not component of the commercial sector. have longline endorsements, on the the deep-water complex, as estimated by However, this alternative would be the SRD, reach or are projected to reach other hand, would be expected to inconsistent with the original Council indirectly benefit from this proposed the commercial ACL of 131,268 lb intent of establishing the longline (59,542 kg), round weight, the AA will rule, because they would no longer have endorsement. to compete with longline endorsement file a notification with the Office of the holders for the hook-and-line quota. On List of Subjects in 50 CFR Part 622 Federal Register to close the commercial average, the 37 non-longline sector for the remainder of the fishing endorsement holders would be expected Acceptable biological catch, Annual year. On and after the effective date of to experience an annual per-vessel catch limit, Commercial trip limit, such a notification, all sale or purchase increase in revenue of approximately Fisheries, Fishing, Quotas, Snapper- of deep-water complex species is $880 (2013 dollars) or less than 2 grouper, South atlantic, Species table. prohibited and harvest or possession of percent of their annual average vessel- Dated: February 26, 2016. these species in or from the South level revenue. Samuel D. Rauch III, Atlantic EEZ is limited to the bag and The following discussion analyzes the Deputy Assistant Administrator for possession limits. These bag and alternatives that were not selected as Regulatory Programs, National Marine possession limits apply in the South preferred by the Council. Only actions Fisheries Service. Atlantic on board a vessel for which a that would have direct economic effects valid Federal commercial or charter on small entities merit inclusion. For the reasons set out in the vessel/headboat permit for South Five alternatives were considered to preamble, 50 CFR part 622 is proposed Atlantic snapper-grouper has been remove species from the FMP. The first to be amended as follows: issued, without regard to where such alternative, the no action alternative, species were harvested, i.e., in state or would retain all current species in the PART 622—FISHERIES OF THE Federal waters. FMP and would not be expected to have CARIBBEAN, GULF OF MEXICO, AND (ii) If commercial landings exceed the any economic effects. Under the no SOUTH ATLANTIC ACL, and the combined commercial and action alternative, species that do not recreational ACL of 169,896 lb (77,064 require Federal management would ■ 1. The authority citation for part 622 kg), round weight, is exceeded, and at remain in the FMP and potential cost continues to read as follows: least one of the species in the deep- savings and/or efficiency gains of Authority: 16 U.S.C. 1801 et seq. water complex is overfished, based on management would go unrealized. All the most recent Status of U.S. Fisheries of the other alternatives were selected as ■ 2. In part 622, revise ‘‘allowable Report to Congress, the AA will file a preferred and would result in the biological catch’’ to read ‘‘acceptable notification with the Office of the removal of black snapper, dog snapper, biological catch’’ wherever it occurs. Federal Register, at or near the mahogany snapper, and schoolmaster ■ 3. In § 622.185, paragraph (a)(3) is beginning of the following fishing year from Federal management. revised to read as follows: to reduce the commercial ACL for that

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following year by the amount of the bag and possession limits apply in the any species in the other snappers commercial ACL overage in the prior South Atlantic on board a vessel for complex in or from the South Atlantic fishing year. which a valid Federal commercial or EEZ are zero. (2) Recreational sector. (i) If charter vessel/headboat permit for * * * * * recreational landings for the deep-water South Atlantic snapper-grouper has ■ 6. In Appendix A to part 622, Table complex, as estimated by the SRD, are been issued, without regard to where 4 is revised to read as follows: projected to reach the recreational ACL such species were harvested, i.e., in of 38,628 lb (17,521 kg), round weight, state or Federal waters. Appendix A to Part 622—Species the AA will file a notification with the (ii) If commercial landings for the Tables Office of the Federal Register to close other snappers complex, as estimated by * * * * * the recreational sector for the remainder the SRD, exceed the commercial ACL, and the combined commercial and Table 4 of Appendix A to Part 622—South of the fishing year, unless the RA Atlantic Snapper-Grouper determines that no closure is necessary recreational ACL of 1,513,883 lb Balistidae—Triggerfishes based on the best scientific information (686,686 kg), round weight, is exceeded, and at least one of the species in the Gray triggerfish, Balistes capriscus available. On and after the effective date Carangidae—Jacks of such a notification, the bag and other snappers complex is overfished, Bar jack, Caranx ruber possession limits are zero. based on the most recent Status of U.S. Greater amberjack, Seriola dumerili (ii) If recreational landings for the Fisheries Report to Congress, the AA Lesser amberjack, Seriola fasciata deep-water complex, exceed the will file a notification with the Office of Almaco jack, Seriola rivoliana applicable recreational ACL, and the the Federal Register to reduce the Banded rudderfish, Seriola zonata combined commercial and recreational commercial ACL for that following year Ephippidae—Spadefishes by the amount of the commercial ACL Spadefish, Chaetodipterus faber ACL of 169,896 lb (77,064 kg), round Haemulidae—Grunts weight, is exceeded, and at least one of overage in the prior fishing year. (2) Recreational sector—(i) If Margate, Haemulon album the species in the deep-water complex Tomtate, Haemulon aurolineatum is overfished, based on the most recent recreational landings for the other Sailor’s choice, Haemulon parrai Status of U.S. Fisheries Report to snappers complex, as estimated by the White grunt, Haemulon plumieri Congress, the AA will file a notification SRD, reach or are projected to reach the Labridae—Wrasses with the Office of the Federal Register, recreational ACL of 1,169,308 lb Hogfish, Lachnolaimus maximus to reduce the length of the recreational (530,391 kg), round weight, the AA will Lutjanidae—Snappers file a notification with the Office of the Queen snapper, Etelis oculatus fishing season in the following fishing Mutton snapper, Lutjanus analis year to ensure recreational landings do Federal Register to close the recreational sector for the remainder of the fishing Blackfin snapper, Lutjanus buccanella not exceed the recreational ACL the year regardless if any stock in the other Red snapper, Lutjanus campechanus following fishing year. When NMFS snappers complex is overfished, unless Cubera snapper, Lutjanus cyanopterus reduces the length of the following Gray snapper, Lutjanus griseus NMFS determines that no closure is recreational fishing season and closes Lane snapper, Lutjanus synagris necessary based on the best scientific the recreational sector, the following Silk snapper, Lutjanus vivanus information available. On and after the closure provisions apply: The bag and Yellowtail snapper, Ocyurus chrysurus effective date of such a notification, the possession limits for the deep-water Vermilion snapper, Rhomboplites bag and possession limits for any aurorubens complex in or from the South Atlantic species in the other snappers complex Malacanthidae—Tilefishes EEZ are zero. Additionally, the in or from the South Atlantic EEZ are Blueline tilefish, Caulolatilus microps recreational ACL will be reduced by the zero. Golden tilefish, Lopholatilus amount of the recreational ACL overage (ii) If recreational landings for the chamaeleonticeps in the prior fishing year. The fishing other snappers complex, as estimated by Sand tilefish, Malacanthus plumieri season and recreational ACL will not be the SRD, exceed the recreational ACL, Percichthyidae—Temperate basses reduced if the RA determines, using the Wreckfish, Polyprion americanus then during the following fishing year, Serranidae—Groupers best scientific information available that recreational landings will be monitored no reduction is necessary. Rock hind, Epinephelus adscensionis for a persistence in increased landings, Graysby, Epinephelus cruentatus * * * * * and if necessary, the AA will file a Speckled hind, Epinephelus (p) Other snappers complex notification with the Office of the drummondhayi (including cubera snapper, gray Federal Register, to reduce the length of Yellowedge grouper, Epinephelus snapper, and lane snapper)—(1) the recreational fishing season and the flavolimbatus Commercial sector—(i) If commercial recreational ACL by the amount of the Coney, Epinephelus fulvus landings for the other snappers recreational ACL overage, if at least one Red hind, Epinephelus guttatus complex, as estimated by the SRD, reach of the species in the other snappers Goliath grouper, Epinephelus itajara Red grouper, Epinephelus morio or are projected to reach the complex complex is overfished based on the most Misty grouper, Epinephelus mystacinus commercial ACL of 344,575 lb (156,297 recent Status of U.S. Fisheries Report to Warsaw grouper, Epinephelus nigritus kg), round weight, the AA will file a Congress, and the combined commercial Snowy grouper, Epinephelus niveatus notification with the Office of the and recreational ACL of 1,513,883 lb Nassau grouper, Epinephelus striatus Federal Register, to close the (686,686 kg), round weight, is exceeded Black grouper, Mycteroperca bonaci commercial sector for this complex for during the same fishing year. NMFS will Yellowmouth grouper, Mycteroperca the remainder of the fishing year. On use the best scientific information interstitialis and after the effective date of such a available to determine if reducing the Gag, Mycteroperca microlepis notification, all sale or purchase of length of the recreational fishing season Scamp, Mycteroperca phenax Yellowfin grouper, Mycteroperca venenosa cubera snapper, gray snapper, and lane and recreational ACL is necessary. Serranidae—Sea Basses snapper is prohibited, and harvest or When the recreational sector is closed as Black sea bass, Centropristis striata possession of any of these species in or a result of NMFS reducing the length of Sparidae—Porgies from the South Atlantic EEZ is limited the recreational fishing season and the Jolthead porgy, Calamus bajonado to the bag and possession limits. These ACL, the bag and possession limits for Saucereye porgy, Calamus calamus

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Whitebone porgy, Calamus leucosteus The following species are designated as Longspine porgy, Stenotomus caprinus Knobbed porgy, Calamus nodosus ecosystem component species: Ocean triggerfish, Canthidermis sufflamen Red porgy, Pagrus pagrus Cottonwick, Haemulon melanurum * * * * * Scup, Stenotomus chrysops Bank sea bass, Centropristis ocyurus [FR Doc. 2016–04808 Filed 3–3–16; 8:45 am] Rock sea bass, Centropristis philadelphica BILLING CODE 3510–22–P

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Notices Federal Register Vol. 81, No. 43

Friday, March 4, 2016

This section of the FEDERAL REGISTER phone at 605–440–1409 or by email at DEPARTMENT OF AGRICULTURE contains documents other than rules or [email protected]. proposed rules that are applicable to the Forest Service public. Notices of hearings and investigations, Individuals who use committee meetings, agency decisions and telecommunication devices for the deaf Olympic Peninsula Resource Advisory rulings, delegations of authority, filing of (TDD) may call the Federal Information Committee petitions and applications and agency Relay Service (FIRS) at 1–800–877–8339 statements of organization and functions are between 8:00 a.m. and 8:00 p.m., AGENCY: Forest Service, USDA. examples of documents appearing in this Eastern Standard Time, Monday ACTION: Notice of meeting. section. through Friday. SUMMARY: The Olympic Peninsula SUPPLEMENTARY INFORMATION: The Resource Advisory Committee (RAC) DEPARTMENT OF AGRICULTURE purpose of the meeting is to provide: will meet in Sequim, Washington. The (1) Welcome Members; committee is authorized under the Forest Service (2) Purpose and Mission of NFAB & Secure Rural Schools and Community Self-Determination Act (the Act) and Black Hills National Forest Advisory Black Hills National Forest; operates in compliance with the Federal Board (3) Over-snow and Non-motorized Advisory Committee Act. The purpose Working Group Report update; AGENCY: Forest Service, USDA. of the committee is to improve (4) Forest Health Working Group ACTION: Notice of meeting. collaborative relationships and to update; provide advice and recommendations to SUMMARY: The Black Hills National (5) Restoring Large Landscapes the Forest Service concerning projects Forest Advisory Board (Board) will meet Strategy; and funding consistent with Title II of in Rapid City, South Dakota. The Board (6) Northern Long Eared Bat Report; the Act. RAC information can be found is established consistent with the and at the following Web site: http:// Federal Advisory Committee Act of www.fs.usda.gov/main/olympic/ (7) Election process update. 1972 (5 U.S.C. App. II), the Forest and workingtogether/advisorycommittees. Rangeland Renewable Resources The meeting is open to the public. DATES: The meeting will be held April Planning Act of 1974 (16 U.S.C. 1600 et The agenda will include time for people 6, 2016, from 9:00 a.m. to 5:00 p.m. seq.), the National Forest Management to make oral statements of three minutes All RAC meetings are subject to Act of 1976 (16 U.S.C. 1612), and the or less. Individuals wishing to make an cancellation. For status of meeting prior Federal Public Lands Recreation oral statement should submit a request to attendance, please contact the person Enhancement Act (Pub. L. 108–447). in writing by March 7, 2016, to be listed under FOR FURTHER INFORMATION Additional information concerning the scheduled on the agenda. Anyone who CONTACT. would like to bring related matters to Board, including the meeting summary/ ADDRESSES: The meeting will be held at the attention of the Board may file minutes, can be found by visiting the Jamestown S’Klallam Tribal Center, Red written statements with the Board’s staff Board’s Web site at: http:// Cedar Room, 1033 Old Blyn Highway, before or after the meeting. Written www.fs.usda.gov/main/blackhills/ Sequim, Washington. comments and time requests for oral workingtogether/advisorycommittees. Written comments may be submitted comments must be sent to Scott DATES: The meeting will be held on as described under SUPPLEMENTARY Jacobson, Black Hills National Forest Wednesday, March 16, 2016, at 1:00 INFORMATION. All comments, including Supervisor’s Office, 1019 North Fifth p.m. names and addresses when provided, Street, Custer, South Dakota 57730; by All meetings are subject to are placed in the record and are email to [email protected], or via cancellation. For updated status of available for public inspection and facsimile to 605–673–9208. meeting prior to attendance, please copying. The public may inspect contact the person listed under FOR Meeting Accommodations: If you are comments received at Olympic National FURTHER INFORMATION CONTACT. a person requiring reasonable Forest Supervisor’s Office. Please call accommodation, please make requests ADDRESSES: The meeting will be held at ahead to facilitate entry into the the Mystic Ranger District, 8221 South in advance for sign language building. interpreting, assistive listening devices, Highway 16, Rapid City, South Dakota. FOR FURTHER INFORMATION CONTACT: or other reasonable accommodation for Written comments may be submitted access to the facility or proceedings by Susan Piper, RAC Coordinator, by as described under SUPPLEMENTARY contacting the person listed in the phone at 360–956–2435 or via email at INFORMATION. All comments, including [email protected]. section titled FOR FURTHER INFORMATION names and addresses, when provided, Individuals who use CONTACT. All reasonable are placed in the record and available telecommunication devices for the deaf accommodation requests are managed for public inspection and copying. The (TDD) may call the Federal Information on a case by case basis. public may inspect comments received Relay Service (FIRS) at 1–800–877–8339 at the Black Hills National Forest Dated: February 29, 2016. between 8:00 a.m. and 8:00 p.m., Supervisor’s Office. Please call ahead to Craig Bobzien, Eastern Standard Time, Monday facilitate entry into the building. Forest Supervisor. through Friday. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2016–04789 Filed 3–3–16; 8:45 am] SUPPLEMENTARY INFORMATION: The Scott Jacobson, Board Coordinator, by BILLING CODE 3411–15–P purpose of the meeting is to:

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1. Review project proposals; and collection techniques or other forms of Fork watershed in central Iowa. The 2. Make recommendations for Title II information technology. study will be conducted in several funds. Comments regarding this information phases. Permission forms will be The meeting is open to the public. collection received by April 4, 2016 will presented to farm operators. With the The agenda will include time for people be considered. Written comments farmers permission the field to make oral statements of three minutes should be addressed to: Desk Officer for enumerators will return several times or less. Individuals wishing to make an Agriculture, Office of Information and during the growing season to measure oral statement should request in writing Regulatory Affairs, Office of and collect samples from the target by April 1, 2016, to be scheduled on the Management and Budget (OMB), New areas. Measurements of crop residues agenda. Anyone who would like to Executive Office Building, 725 17th will be compared with remote sensed bring related matters to the attention of Street NW., Washington, DC 20503. data to measure crop residue cover and the committee may file written Commenters are encouraged to submit soil tillage intensity for the entire statements with the committee staff their comments to OMB via email to: watershed. After measurements and before or after the meeting. Written [email protected] or fax samples are taken the farm operators comments and requests for time for oral (202) 395–5806 and to Departmental will be asked to complete a comments must be sent to Susan Piper, Clearance Office, USDA, OCIO, Mail questionnaire and, if possible provide a RAC Coordinator, Olympic National Stop 7602, Washington, DC 20250– yield map. The questionnaire and yield Forest, 1835 Black Lake Boulevard 7602. Copies of the submission(s) may maps help associate measured residue Southwest, Olympia, Washington, be obtained by calling (202) 720–8681. and biomass to specific field 98512; by email to [email protected], or An agency may not conduct or management plans and provide realistic via facsimile to 360–956–2330. Meeting sponsor a collection of information operation files for the water and soil Accommodations: If you are a person unless the collection of information quality models. Without this collection, requiring reasonable accommodation, displays a currently valid OMB control our knowledge of the management please make requests in advance for sign number and the agency informs practices in the watershed would be language interpreting, assistive listening potential persons who are to respond to severely limited. devices, or other reasonable the collection of information that such Description of Respondents: Business accommodation. For access to the persons are not required to respond to or other for-profit; Farms. facility or proceedings, please contact the collection of information unless it Number of Respondents: 100. the person listed in the section titled displays a currently valid OMB control Frequency of Responses: Reporting: FOR FURTHER INFORMATION CONTACT. All number. One time. reasonable accommodation requests are National Agricultural Statistics Service Total Burden Hours: 64. managed on a case by case basis. Title: Residue and Biomass Field Dated: February 25, 2016. Charlene Parker, Survey. Larry Sandoval, Departmental Information Collection OMB Control Number: 0535–0251. Clearance Officer. Acting Forest Supervisor. Summary of Collection: The primary [FR Doc. 2016–04787 Filed 3–3–16; 8:45 am] [FR Doc. 2016–04778 Filed 3–3–16; 8:45 am] function of the National Agricultural BILLING CODE 3410–20–P BILLING CODE 3411–15–P Statistics Service (NASS) is to prepare and issue official State and national estimates of crop and livestock DEPARTMENT OF AGRICULTURE DEPARTMENT OF AGRICULTURE production, disposition and prices. The purpose of this collection is for NASS Natural Resources Conservation National Agricultural Statistics Service and the Agricultural Research Service/ Service Hydrology and Remote Sensing Submission for OMB Review; [Docket No. NRCS–2016–0001] Comment Request Laboratory to make an objective connection between the amounts of Notice of Proposed Changes to the February 29, 2016. organic matter produced and how crop National Handbook of Conservation The Department of Agriculture has residues impact future crop yields. Practices for the Natural Resources submitted the following information General authority for these data Conservation Service collection requirement(s) to OMB for collection activities is granted under review and clearance under the U.S. Code Title 7, Section 2204(a) which AGENCY: Natural Resources Paperwork Reduction Act of 1995, specifies that ‘‘The Secretary of Conservation Service (NRCS), U.S. Public Law 104–13. Comments are Agriculture shall procure and preserve Department of Agriculture (USDA). requested regarding (1) whether the all information concerning agriculture ACTION: Notice of availability of collection of information is necessary which he can obtain . . . by the proposed changes to the National for the proper performance of the collection of statistics . . . and shall Handbook of Conservation Practices for functions of the agency, including distribute them among agriculturists.’’ public review and comment. whether the information will have Individually identifiable data collected practical utility; (2) the accuracy of the under this authority are governed by SUMMARY: Notice is hereby given of the agency’s estimate of burden including Section 1770 of the Food Security Act intention of NRCS to issue a series of the validity of the methodology and of 1985 as amended, 7 U.S.C. 2276, revised conservation practice standards assumptions used; (3) ways to enhance which requires USDA to afford strict in the National Handbook of the quality, utility and clarity of the confidentiality to non-aggregated data Conservation Practices. These standards information to be collected; (4) ways to provided by respondents. include: Clearing and Snagging (Code minimize the burden of the collection of Need and Use of the Information: 326), Diversion (Code 362), Fish information on those who are to This study will investigate the effect Raceway or Tank (Code 398), Pond respond, including through the use of crop residue removal has on soil and Sealing or Lining—Compacted Soil appropriate automated, electronic, water quality. The study will use, as a Treatment (Code 521B), Pond Sealing or mechanical or other technological sampling universe fields in the South Lining—Concrete (Code 521C),

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Sediment Basin (Code 350), Docket No. NRCS–2016–0001. lining and sealing animal waste storage Silvopasture (Code 381), Tree/Shrub Alternatively, copies can be ponds and lagoons as needed. It covers Establishment (Code 612), Vegetated downloaded or printed from the concrete design requirements for this Subsurface Drain Outlet (Code 604), and following Web site: http://go.usa.gov/ specified function that is not specified Waste Storage Facility (Code 313). TXye. Requests for paper versions or in Waste Storage Facility (Code 313). NRCS State Conservationists who inquiries may be directed to Emil Sediment Basin (Code 350)—The choose to adopt these practices for use Horvath, National Practice Standards purpose was refined, the criteria was within their States will incorporate Review Coordinator, Natural Resources modified, and the references were them into section IV of their respective Conservation Service, Central National updated. Other changes improved the electronic Field Office Technical Guide. Technology Support Center, 501 West clarity of the language used in the These practices may be used in Felix Street, Fort Worth, Texas 76115. standard. conservation systems that treat highly SUPPLEMENTARY INFORMATION: The erodible land (HEL) or on land Silvopasture (Code 381)—The title amount of the proposed changes varies was changed from ‘‘Silvopasture determined to be a wetland. Section 343 considerably for each of the of the Federal Agriculture Improvement Establishment’’ to ‘‘Silvopasture.’’ The conservation practice standards Definition, Purposes, and Conditions and Reform Act of 1996 requires NRCS addressed in this notice. To fully to make available for public review and Where Practice Applies sections were understand the proposed changes, refined. Two purposes were removed comment all proposed revisions to individuals are encouraged to compare conservation practice standards used to and three purposes were added. The these changes with each standard’s criteria were adjusted to match the carry out HEL and wetland provisions of current version as shown at: http:// the law. changes in purposes. The www.nrcs.usda.gov/wps/portal/nrcs/ Considerations and Operations and DATES: Effective Date: This is effective detailfull/national/technical/cp/ncps/ Maintenance sections were refined and March 4, 2016. _ ?cid=nrcs143 026849. To aid in this the references were updated. Comment Date: Submit comments on comparison, following are highlights of or before April 4, 2016. Final versions some of the proposed revisions to each Tree/Shrub Establishment (Code of these new or revised conservation standard: 612)—The Purposes and Conditions practice standards will be adopted after Clearing and Snagging (Code 326)— Where Practice Applies sections were the close of the 30-day period and after The changes were made to provide refined. One purpose was added and consideration of all comments. better clarity, and include the use of one purpose removed. The criteria were ADDRESSES: Comments should be active voice and the removal of all adjusted to match the changes in submitted, identified by Docket Number occurrences of the word ‘‘shall’’. The purposes. The Considerations, Plans NRCS–2016–0001, using any of the References section remains unchanged; and Specifications, and Operations and following methods: however, one of the references, NEH Maintenance sections were refined and • Federal eRulemaking Portal: http:// Part 654, Stream Restoration Design, the references were updated. www.regulations.gov. Follow the now appears in the Considerations Saturated Buffer (Code 604)—This is instructions for submitting comments. section, where it specifically identifies a new conservation practice standard • Mail or hand-delivery: Public Technical Supplement 14E of this developed from an existing interim Comments Processing, Attention: reference for use in determining the conservation practice standard Regulatory and Agency Policy Team, forces acting on woody debris and the ‘‘Saturated Buffer’’ (Code 739). Strategic Planning and Accountability, necessary anchoring. Waste Storage Facility (Code 313)— Natural Resources Conservation Service, Diversion (Code 362)—The definition The document has been revised 5601 Sunnyside Avenue, Building 1– was revised and the purpose modified extensively. Those revisions include 1112D, Beltsville, Maryland 20705. for clarity. The Criteria, Considerations, NRCS will post all comments on modification of structural design and Operations and Maintenance requirements to account for changes in http://www.regulations.gov. In general, sections were refined and the references personal information provided with accepted concrete and timber design were updated. criteria, modification of language for comments will be posted. If your Fish Raceway or Tank (Code 398)— comment includes your address, phone storage requirements to improve clarity, The purpose was refined, the criteria modify language to conform to the Plain number, email, or other personal was modified, and the references were identifying information, your Language Act, improvements to the updated. Other changes improved the safety criteria, changing the requirement comments, including personal clarity of the language used in the identifying information (PII), may be of a staff gauge from optional to standard. required, addition of criteria specific to available to the public. You may ask in Pond Sealing or Lining—Compacted your comment that your PII be withheld solid manure stacking facilities, and Soil Treatment (Code 521B)—521B improvements to the Plans and from public view, but this cannot be Pond Sealing or Lining—Compacted guaranteed. Specifications, and Operation and Soil Treatment now combines the Maintenance sections of the standard. FOR FURTHER INFORMATION CONTACT: existing compacted soil liner standards The structural design and safety Wayne Bogovich, National Agricultural (521B. 521C & 521D) into one standard requirements have been revised to Engineer, Conservation Engineering code which is now 521B Pond Sealing reflect changes in accepted design Division, U.S. Department of or Lining—Compacted Soil Treatment. methods. Other changes have been Agriculture, Natural Resources As a result, a change to the title was made to improve the clarity of the Conservation Service, 1400 necessary, along with other changes language used in the standard. Independence Avenue Southwest, needed for clarification, consistency, South Building, Room 6136, and 508 compliance requirements. Jason A. Weller, Washington, DC 20250. Pond Sealing or Lining—Concrete Chief, Natural Resources Conservation Electronic copies of the proposed (Code 521C)—521C Pond Sealing or Service. revised standards are available through Lining—Concrete is a new standard [FR Doc. 2016–04824 Filed 3–3–16; 8:45 am] http://www.regulations.gov by accessing developed as an alternative practice for BILLING CODE 3410–16–P

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DEPARTMENT OF AGRICULTURE amended, authorizes and empowers the SUMMARY: The First Responder Network Administrator of RUS to make loans in Authority (‘‘FirstNet’’) announces the Rural Utility Service the States and Territories of the United availability of the Draft Programmatic States for rural electrification and for Environmental Impact Statement for the Submission for OMB Review; the purpose of furnishing and Non-Contiguous Region (‘‘Draft PEIS’’). Comment Request improving electric and telephone FirstNet also announces a series of February 29, 2016. service in rural areas and to assist public meetings to be held throughout The Department of Agriculture has electric borrowers to implement the Non-Contiguous Region to receive comments on the Draft PEIS. The Draft submitted the following information demand side management, energy PEIS evaluates the potential collection requirement(s) to Office of conservation programs, and on-grid and environmental impacts of the proposed Management and Budget (OMB) for off-grid renewable energy systems. 7 nationwide public safety broadband review and clearance under the CFR part 1786, subparts E and F are network in the Non-Contiguous Region. Paperwork Reduction Act of 1995, authorized by this section. Public Law 104–13. Comments are Need and Use of the Information: The DATES: Submit comments on the Draft requested regarding (1) whether the required documentation and PEIS for the Non-Contiguous Region on collection of information is necessary information will be collected from or before May 3, 2016. FirstNet will also for the proper performance of the electric and telecommunications hold public meetings in each of the functions of the agency, including program borrowers. The purpose of the seven Non-Contiguous states and SUPPLEMENTARY whether the information will have information collected is to provide territories. See practical utility; (2) the accuracy of the borrowers an opportunity to request INFORMATION section for meeting dates. agency’s estimate of burden including prepayment of their notes and to ADDRESSES: At any time during the the validity of the methodology and determine that the borrower is qualified public comment period, members of the assumptions used; (3) ways to enhance to prepay under the authorizing statues. public, public agencies, and other the quality, utility and clarity of the The overall goal of Subparts E and F is interested parties are encouraged to information to be collected; (4) ways to to allow RUS borrowers to prepay their submit written comments, questions, minimize the burden of the collection of RUS loan and the overall goal of and concerns about the project for information on those who are to Subpart G is to refinance. FirstNet’s consideration or to attend any respond, including through the use of Description of Respondents: Business of the public meetings. Written appropriate automated, electronic, or other for-profit; Not-for-profit comments may be submitted mechanical, or other technological institutions. electronically via www.regulations.gov, collection techniques or other forms of Number of Respondents: 38. FIRSTNET–2016–01, or by mail to information technology. Frequency of Responses: Reporting: Amanda Goebel Pereira, NEPA Comments regarding this information On occasion. Coordinator, First Responder Network collection received by April 4, 2016 will Total Burden Hours: 76. Authority, National Telecommunications and Information be considered. Written comments Charlene Parker, should be addressed to: Desk Officer for Administration, U.S. Department of Departmental Information Collection Commerce, 12201 Sunrise Valley Drive, Agriculture, Office of Information and Clearance Officer. Regulatory Affairs, Office of M/S 243, Reston, VA 20192. Comments [FR Doc. 2016–04788 Filed 3–3–16; 8:45 am] received will be made a part of the Management and Budget (OMB), New BILLING CODE 3410–15–P Executive Office Building, 725 17th public record and may be posted to Street NW., Washington, DC 20502. FirstNet’s Web site (www.firstnet.gov) Commenters are encouraged to submit without change. Comments should be their comments to OMB via email to: DEPARTMENT OF COMMERCE machine readable and should not be [email protected] or copy-protected. All personally National Telecommunications and identifiable information (e.g., name, fax (202) 395–5806 and to Departmental Information Administration Clearance Office, USDA, OCIO, Mail address) voluntarily submitted by the commenter may be publicly accessible. Stop 7602, Washington, DC 20250– First Responder Network Authority 7602. Copies of the submission(s) may Do not submit confidential business information or otherwise sensitive or be obtained by calling (202) 720–8958. [Docket Number: 160229154–6154–01] An agency may not conduct or protected information. The Draft PEIS is sponsor a collection of information RIN 0660–XC023 available for download from unless the collection of information www.regulations.gov FIRSTNET–2016– Notice of Availability of a Draft displays a currently valid OMB control 01. A CD of this document is also Programmatic Environmental Impact number and the agency informs available for viewing at public libraries Statement for the Non-Contiguous potential persons who are to respond to (see Chapter 15 of the Draft PEIS for the Region of the Nationwide Public Safety the collection of information that such complete distribution list). See Broadband Network and Notice of persons are not required to respond to SUPPLEMENTARY INFORMATION section for Public Meetings the collection of information unless it public meeting addresses. FOR FURTHER INFORMATION CONTACT: displays a currently valid OMB control AGENCY: First Responder Network For number. Authority, National more information on the Draft PEIS, contact Amanda Goebel Pereira, NEPA Rural Utilities Service Telecommunications and Information Administration, U.S. Department of Coordinator, First Responder Network Title: 7 CFR part 1786, Prepayment of Commerce. Authority, National RUS Guaranteed and Insured Loans to Telecommunications and Information ACTION: Announcement of availability Electric and Telephone Borrowers. Administration, U.S. Department of of a draft programmatic environmental Omb Control Number: 0572–0088. Commerce, 12201 Sunrise Valley Drive, impact statement and of public Summary of Collection: The Rural M/S 243, Reston, VA 20192. meetings. Electrification (RE) Act of 1936, as SUPPLEMENTARY INFORMATION:

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Public Meetings (‘‘NEPA’’) requires federal agencies to DEPARTMENT OF COMMERCE Attendees can obtain information undertake an assessment of Foreign-Trade Zones Board regarding the project and/or submit a environmental effects of their proposed comment in person during public actions prior to making a final decision [B–11–2016] meetings. The meeting details are as and implementing the action. NEPA follows: requirements apply to any federal Foreign-Trade Zone 230—Piedmont • project, decision, or action that may Triad Area, North Carolina; Notification Anchorage, Alaska: March 15, 2016, from have a significant impact on the quality 5:00–8:00 p.m., at the Hilton Anchorage, 500 of Proposed Production Activity; West Third Avenue, Anchorage, Alaska of the human environment. NEPA also United Chemi-Con, Inc.; Subzone 230A 99501 establishes the Council on (Aluminum Electrolytic Capacitors); • Juneau, Alaska: March 17, 2016, from Environmental Quality (‘‘CEQ’’), which Lansing, North Carolina 5:00–8:00 p.m., at the Centennial Hall issued regulations implementing the Convention Center, 101 Egan Drive, Juneau, procedural provisions of NEPA (see 40 The Piedmont Triad Partnership, Alaska 99801 CFR parts 1500–1508). Among other grantee of FTZ 230, submitted a • Honolulu, Hawaii: March 21, 2016, from considerations, CEQ regulations at 40 notification of proposed production 10:00 a.m. to 8:00 p.m., at the Hilton Waikiki activity to the FTZ Board on behalf of Beach Hotel, 2500 Kuhio Avenue, Honolulu, CFR 1508.28 recommend the use of tiering from a ‘‘broader environmental United Chemi-Con, Inc. (UCC), operator Hawaii 96815 of Subzone 230A, at its facility located • impact statement (such as a national Tumon Bay, Guam: April 5, 2016, from in Lansing, North Carolina. The 5:00 p.m. to 8:00 p.m., at the Hilton Guam program or policy statements) with notification conforming to the Resort, 202 Hilton Road, Tumon Bay, Guam subsequent narrower statements or requirements of the regulations of the 96913 environmental analysis (such as • FTZ Board (15 CFR 400.22) was Saipan, Northern Mariana Islands: April regional or basin wide statements or received on February 26, 2016. 7, 2016, from 5:00 p.m. to 8:00 p.m., at the ultimately site-specific statements) Hyatt Regency Saipan, Royal Palm Avenue, UCC already has authority to produce Micro Beach Road, Garapan, Saipan, MP incorporating by reference the general aluminum electrolytic capacitors within 96950 discussions and concentrating solely on Subzone 230A. The current request • Tafuna, American Samoa: April 11, the issues specific to the statement would add new foreign components to 2016, from 5:00 p.m. to 8:00 p.m., at the subsequently prepared.’’ the scope of authority. Pursuant to 15 Tradewinds Hotel, 999 Ottoville Road, Due to the geographic scope of CFR 400.14(b), FTZ activity would be Tafuna, American Samoa 69799 FirstNet (all 50 states, the District of • limited to the specific foreign-status Christiansted, St. Croix, U.S. Virgin Columbia, and five territories) and the components and specific finished Islands: April 22, 2016, from 5:00 p.m. to diversity of ecosystems potentially 8:00 p.m., at the Company House Hotel, No. products described in the submitted traversed by the project, FirstNet has 2 Company Street, Christiansted, Virgin notification (as described below) and elected to prepare five regional PEISs. Islands 00820 subsequently authorized by the FTZ • The five PEISs will be divided into the San Juan, Puerto Rico: April 26, 2016, Board. from 5:00 p.m. to 8:00 p.m., at La Concha East, Central, West, South, and Non- Production under FTZ procedures Resort, 1077 Ashford Avenue, San Juan, Contiguous Regions. The Non- Puerto Rico 00907 could exempt UCC from customs duty Contiguous Region consists of Alaska, payments on the foreign status Background Hawaii, American Samoa, Guam, the components used in export production. Northern Mariana Islands, Puerto Rico, The Middle Class Tax Relief and Job On its domestic sales, UCC would be and the U.S. Virgin Islands. The Draft Creation Act of 2012 (Pub. L. 112–96, able to choose the duty rate during PEIS analyzes potential impacts of the Title VI, 126 Stat. 156 (codified at 47 customs entry procedures that applies to deployment and operation of the U.S.C. 1401 et seq.)) (the ‘‘Act’’) created aluminum electrolytic capacitors (free) NPSBN on the natural and human and authorized FirstNet to take all for the foreign status inputs noted below environment in the Non-Contiguous actions necessary to ensure the building, and in the existing scope of authority. Region, in accordance with FirstNet’s deployment, and operation of an Customs duties also could possibly be responsibilities under NEPA. interoperable, nationwide public safety deferred or reduced on foreign status broadband network (‘‘NPSBN’’) based Next Steps production equipment. The components sourced from abroad on a single, national network All comments received by the public are: Boric acid; D-Mannitol; polyoxy architecture. The Act meets a and any interested stakeholders will be ethylene glyceline; polyvinyl/p- longstanding and critical national evaluated and considered by FirstNet nitrobenzy alcohol; ammonium infrastructure need, to create a single, during the preparation of the Final PEIS. benzoate; adipic acid; ammonium nationwide network that will, for the Once a PEIS is completed and a Record adipate; maleic acid; gamma resorcylic first time, allow police officers, fire of Decision (ROD) is signed, FirstNet acid; isomeric decanedicarboxylic & fighters, emergency medical service will evaluate site-specific 1,2,3,4-butanetracarboxylic; professionals, and other public safety documentation, as network design is polyethylene glycol phosphate; KIP entities to effectively communicate with developed, to determine if the proposed (gamma-butyrolactone & 1-ethyl-2,3- each other across agencies and project has been adequately evaluated in dimethylimidazoliniium hydrogen jurisdictions. The NPSBN is intended to the PEIS or warrants a Categorical phthalate mixture); PEG1000 enhance the ability of the public safety Exclusion, an Environmental polyethylene glycol; MMA–10R community to perform more reliably, Assessment, or an Environmental (carbolic acid mixture); wax poly white; effectively, and safely; increase Impact Statement. situational awareness during an silicone oil; polypropylene tape; emergency; and improve the ability of Dated: March 1, 2016. sleeving and nuts of plastic; end disks; the public safety community to Amanda Goebel Pereira, gaskets of ethylene propylene diene effectively engage in those critical NEPA Coordinator First Responder Network monomer; steel screws/nuts/hexes; activities. Authority. aluminum waste/scrap/tab stock/foil/ The National Environmental Policy [FR Doc. 2016–04830 Filed 3–3–16; 8:45 am] inserts/rivets/washers/springs/lock Act of 1969 (42 U.S.C. 4321–4347) BILLING CODE 3510–TL–P washers; and, metal clamps and

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brackets (duty rate ranges from free to Now, therefore, the Board hereby 3802.10.00.1 Although the HTSUS 6.5%). orders: subheading is provided for convenience Public comment is invited from The application to reorganize FTZ 182 and customs purposes, the written interested parties. Submissions shall be to expand the service area under the description of the scope of the order addressed to the FTZ Board’s Executive ASF is approved, subject to the FTZ Act remains dispositive. Secretary at the address below. The and the Board’s regulations, including closing period for their receipt is April Section 400.13, and to the Board’s Preliminary Determination of No 13, 2016. standard 2,000-acre activation limit for Shipments A copy of the notification will be the zone. Based on an analysis of U.S. Customs available for public inspection at the Signed at Washington, DC, this 22nd day and Border Protection (‘‘CBP’’) Office of the Executive Secretary, of February 2016. information, and no shipment Foreign-Trade Zones Board, Room Paul Piquado, certifications submitted by Carbon 21013, U.S. Department of Commerce, Activated Tianjin Co., Ltd. (‘‘Carbon 1401 Constitution Avenue NW., Assistant Secretary of Commerce for Enforcement and Compliance, Alternate Activated’’), the Department Washington, DC 20230–0002, and in the Chairman, Foreign-Trade Zones Board. preliminarily determines that Carbon ‘‘Reading Room’’ section of the FTZ Andrew McGilvray, Activated had no shipments during the Board’s Web site, which is accessible Executive Secretary. POR. For additional information via www.trade.gov/ftz. regarding this determination, see the For further information, contact Pierre [FR Doc. 2016–04846 Filed 3–3–16; 8:45 am] Preliminary Decision Memorandum. Duy at [email protected] or (202) BILLING CODE 3510–DS–P Consistent with our practice in non- 482–1378. market economy (‘‘NME’’) cases, the Dated: February 29, 2016. DEPARTMENT OF COMMERCE Department is not rescinding this Andrew McGilvray, review, in part, but intends to complete Executive Secretary. International Trade Administration the review with respect to Carbon Activated, for which it has preliminarily [FR Doc. 2016–04845 Filed 3–3–16; 8:45 am] [A–570–904] BILLING CODE 3510–DS–P found no shipments, and issue appropriate instructions to CBP based Certain Activated Carbon From the 2 People’s Republic of China: on the final results of the review. DEPARTMENT OF COMMERCE Preliminary Results of Antidumping Methodology Duty Administrative Review; 2014– Foreign-Trade Zones Board The Department is conducting this 2015 [Order No. 1994] review in accordance with section AGENCY: Enforcement and Compliance, 751(a)(1)(B) of the Tariff Act of 1930, as Reorganization of Foreign-Trade Zone International Trade Administration, amended (‘‘the Act’’). We calculated 182, (Expansion of Service Area), Department of Commerce. constructed export prices and export Under Alternative Site Framework; Fort SUMMARY: In response to requests from prices in accordance with section 772 of Wayne, Indiana interested parties, the Department of the Act. Because the PRC is a non- Commerce (‘‘Department’’) is market economy (‘‘NME’’) within the Pursuant to its authority under the Foreign- conducting the administrative review of meaning of section 771(18) of the Act, Trade Zones Act of June 18, 1934, as the antidumping duty order on certain NV has been calculated in accordance amended (19 U.S.C. 81a–81u), the Foreign- with section 773(c) of the Act. Trade Zones Board (the Board) adopts the activated carbon from the People’s following Order: Republic of China (‘‘PRC’’) for the For a full description of the period of review (‘‘POR’’) April 1, 2014, methodology underlying our Whereas, the Board adopted the conclusions, see the Preliminary alternative site framework (ASF) (15 through March 31, 2015. The Department preliminarily finds that Decision Memorandum. A list of the CFR 400.2(c)) as an option for the topics included in the Preliminary establishment or reorganization of subject merchandise has been sold in the United States at prices below normal Decision Memorandum is included as zones; an appendix to this notice. The Whereas, the City of Fort Wayne, value (‘‘NV’’) during the POR. The Department invites interested parties to Preliminary Decision Memorandum is a grantee of Foreign-Trade Zone 182, public document and is made available submitted an application to the Board comment on these preliminary results. DATES: Effective March 4, 2016. to the public via Enforcement and (FTZ Docket B–56–2015, docketed Compliance’s Antidumping and FOR FURTHER INFORMATION CONTACT: Bob August 25, 2015) for authority to expand Countervailing Duty Centralized Palmer or Frances Veith, AD/CVD the service area of the zone to include Electronic Service System (‘‘ACCESS’’). Operations, Office V, Enforcement and Randolph County, Indiana, as described ACCESS is available to registered users Compliance, International Trade in the application, adjacent to the at https://access.trade.gov, and it is Dayton, Ohio Customs and Border Administration, Department of Commerce, 14th Street and Constitution Protection port of entry; 1 For a complete description of the Scope of the Whereas, notice inviting public Avenue NW., Washington, DC 20230; Order, see ‘‘Decision Memorandum for the comment was given in the Federal telephone: (202) 482–9068, or (202) Preliminary Results of Antidumping Duty Register (80 FR 53103–53104, 482–4295, respectively. Administrative Review: Certain Activated Carbon September 2, 2015) and the application From the People’s Republic of China; 2014–2015’’ SUPPLEMENTARY INFORMATION: (‘‘Preliminary Decision Memorandum’’) from has been processed pursuant to the FTZ Scope of the Order Christian Marsh, Deputy Assistant Secretary for Act and the Board’s regulations; and, Antidumping and Countervailing Duty Operations, Whereas, the Board adopts the The merchandise subject to the order to Paul Piquado Assistant Secretary for Enforcement findings and recommendations of the is certain activated carbon. The and Compliance, issued concurrently with, and hereby adopted by, this notice. examiner’s report, and finds that the products are currently classifiable under 2 See Non-Market Economy Antidumping requirements of the FTZ Act and the the Harmonized Tariff Schedule of the Proceedings: Assessment of Antidumping Duties, 76 Board’s regulations are satisfied; United States (‘‘HTSUS’’) subheading FR 65694, 65694–95 (October 24, 2011).

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available to all parties in the Central Weighted- preliminary results to the parties within Records Unit, Room B8024 of the main average five days of the date of publication of Department of Commerce building. In dumping this notice in accordance with 19 CFR Exporter margin addition, a complete version of the (U.S. dollars 351.224(b). Preliminary Decision Memorandum is per kilogram) 6 Because, as noted above, the available at http://enforcement.trade. Department intends to verify the gov/frn/. The signed Preliminary Jacobi Carbons AB 7 ...... 2.80 information upon which we will rely in Decision Memorandum and the Datong Juqiang Activated making our final determination, the electronic versions of the Preliminary Carbon Co., Ltd ...... 0.29 Department will establish the briefing Decision Memorandum are identical in Calgon Carbon (Tianjin) Co., schedule at a later time, and will notify Ltd ...... 2.22 parties of the schedule in accordance content. Datong Municipal Yunguang with 19 CFR 351.309. Interested parties Verification Activated Carbon Co., Ltd 2.22 Jilin Bright Future Chemicals may submit written comments in the As provided in sections 782(i)(3)(A)– Company, Ltd ...... 2.22 form of case briefs and rebuttal (B) of the Act, we intend to verify the Ningxia Guanghua comments in the form of rebuttal briefs information upon which we will rely in Cherishmet Activated Car- within five days after the time limit for determining our final results of review bon Co., Ltd.8 ...... 2.22 filing case briefs.9 Rebuttal briefs must with respect to Jacobi Carbons AB. Ningxia Huahui Activated be limited to issues raised in the case Carbon Co., Ltd ...... 2.22 10 Preliminary Results of the Review briefs. Parties who submit case briefs Ningxia Mineral and Chem- or rebuttal briefs in this proceeding are The Department preliminarily finds ical Limited ...... 2.22 Shanxi DMD Corporation ..... 2.22 requested to submit with each that 181 companies 3 for which a review argument: (1) A statement of the issue; was requested did not establish Shanxi Dapu International Trade Co., Ltd ...... 2.22 (2) a brief summary of the argument; eligibility for a separate rate because Shanxi Industry Technology and (3) a table of authorities.11 they either failed to provide a timely Trading Co., Ltd ...... 2.22 Pursuant to 19 CFR 351.310(c), response to a separate rate application Shanxi Sincere Industrial interested parties who wish to request a (‘‘SRA’’); to a supplemental Co., Ltd ...... 2.22 hearing must submit a written request to questionnaire; or did not file a SRA or Shanxi Tianxi Purification Fil- the Assistant Secretary for Enforcement a SRC. As such, we preliminarily ter Co., Ltd ...... 2.22 and Compliance within 30 days of the determine that they 4 are part of the Sinoacarbon International date of publication of this notice. Trading Co., Ltd ...... 2.22 PRC-wide entity.5 Requests should contain: (1) The party’s For companies subject to this review Tancarb Activated Carbon Co., Ltd ...... 2.22 name, address and telephone number; that established their eligibility for a Tianjin Channel Filters Co., (2) The number of participants; and (3) separate rate, the Department Ltd ...... 2.22 A list of issues parties intend to discuss. preliminarily determines that the Tianjin Maijin Industries Co., following weighted-average dumping Ltd ...... 2.22 Activated Carbon From the People’s Republic of margins exist for the POR from April 1, China: Final Results of Antidumping Duty 2014, through March 31, 2015: Administrative Review; 2012–2013, 79 FR 70163, Disclosure and Public Comment 70165 (November 25, 2014), and; Certain Activated The Department intends to disclose Carbon From the People’s Republic of China: Final 3 Two companies, Beijing Embrace Technology Results of Antidumping Duty Administrative Co. Ltd. (‘‘Beijing Embrace’’) and Shanxi Carbon calculations performed for these Review; 2013–2014, 80 FR 61172 (October 9, 2015) Industry Co., Ltd. (‘‘Shanxi Carbon’’), did not (‘‘AR5 Final’’). See also Preliminary Decision establish eligibility for a separate rate because Antidumping Duty Order: Certain Activated Carbon Memorandum. Beijing Embrace and Shanxi Carbon failed to From the People’s Republic of China, 72 FR 20988 8 In the first administrative review of the Order, provide a timely response to a separate rate (April 27, 2007) (‘‘Order’’). the Department found that Beijing Pacific Activated application (‘‘SRA’’) or to a supplemental 7 In the third administrative review of the Order, Carbon Products Co., Ltd., Ningxia Guanghua questionnaire and 179 companies did not establish the Department found that Jacobi Carbons AB, Cherishmet Activated Carbon Co., Ltd., and Ningxia eligibility for a separate rate because they did not Tianjin Jacobi International Trading Co. Ltd., and Guanghua Activated Carbon Co., Ltd. are a single provide the Department with a response to a SRA Jacobi Carbons Industry (Tianjin) are a single entity entity and, because there were no changes to the or a separate rate certification (‘‘SRC’’). See and, because there were no changes to the facts facts which supported that decision since that ‘‘Separate Rates’’ section of the Preliminary which supported that decision since that determination, we continue to find that these Decision Memorandum at Attachment I for a determination was made, we continue to find that companies are part of a single entity for this complete list of the 179 company names. these companies are part of a single entity for this administrative review. See Certain Activated 4 Id. administrative review. See Certain Activated Carbon From the People’s Republic of China: Notice 5 Because no party requested a review of the PRC- Carbon From the People’s Republic of China: Final of Preliminary Results of the Antidumping Duty wide entity and the Department no longer considers Results and Partial Rescission of Third Administrative Review and Extension of Time the PRC-wide entity as an exporter conditionally Antidumping Duty Administrative Review, 76 FR Limits for the Final Results, 74 FR 21317 (May 7, subject to administrative reviews, we did not 67142 (October 31, 2011); Certain Activated Carbon 2009), unchanged in First Administrative Review of conduct a review of the PRC-wide entity. Thus, the From the People’s Republic of China; 2010–2011; Certain Activated Carbon From the People’s rate for the NME entity is not subject to change as Certain Activated Carbon From the People’s Republic of China: Final Results of Antidumping a result of this review. See Antidumping Republic of China; 2010–2011; Final Results of Duty Administrative Review, 74 FR 57995 Proceedings: Announcement of Change in Antidumping Duty Administrative Review, 77 FR (November 10, 2009); and Certain Activated Carbon Department Practice for Respondent Selection in 67337, 67338 (November 9, 2012); Certain Activated From the People’s Republic of China: Final Results Antidumping Duty Proceedings and Conditional Carbon From the People’s Republic of China; 2011– of Antidumping Duty Administrative Review, 2011– Review of the Nonmarket Economy Entity in NME 2012; Final Results of Antidumping Duty 2012, 78 FR 70533 (November 26, 2013) at footnote Antidumping Duty Proceedings, 78 FR 65963, Administrative Review, 78 FR 70533, 70535 33; Certain Activated Carbon From the People’s 65969–70 (November 4, 2013). (November 26, 2013); Certain Activated Carbon Republic of China: Final Results of Antidumping 6 In the second administrative review of the From the People’s Republic of China: Final Results Duty Administrative Review; 2012–2013, 79 FR Order, the Department determined that it would of Antidumping Duty Administrative Review; 2012– 70163, 70165 (November 25, 2014), and AR5 Final. calculate per-unit weighted-average dumping 2013, 79 FR 70163, 70165 (November 25, 2014). See also Preliminary Decision Memorandum. margins and assessment rates for all future reviews. Final Results of Antidumping Duty Administrative 9 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); See Certain Activated Carbon From the People’s Review, 77 FR 67337, 67338 (November 9, 2012); see also 19 CFR 351.303 (for general filing Republic of China: Final Results and Partial Certain Activated Carbon From the People’s requirements). Rescission of Second Antidumping Duty Republic of China; 2011–2012; Final Results of 10 See 19 CFR 351.309(d)(2). Administrative Review, 75 FR 70208, 70211 Antidumping Duty Administrative Review, 78 FR 11 See 19 CFR 351.309(c) and (d); see also 19 CFR (November 17, 2010). See also Notice of 70533, 70535 (November 26, 2013); Certain 351.303 (for general filing requirements).

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Issues raised in the hearing will be instruct CBP to assess antidumping exporters of subject merchandise which limited to those raised in the respective duties on all appropriate entries covered have not received their own separate case and rebuttal briefs.12 If a request for by this review when the importer- rate, the cash deposit rate will be the a hearing is made, the Department specific ad valorem assessment rate rate applicable to the PRC exporter that intends to hold the hearing at the U.S. calculated in the final results of this supplied that non-PRC exporter. These Department of Commerce, 14th Street review is not zero or de minimis. Where cash deposit requirements, when and Constitution Avenue NW., either the respondent’s ad valorem imposed, shall remain in effect until Washington, DC 20230, at a date and weighted-average dumping margin is further notice. time to be determined.13 Parties should zero or de minimis, or an importer- confirm by telephone the date, time, and specific ad valorem assessment rate is Notification to Importers location of the hearing two days before zero or de minimis,16 we will instruct the scheduled date. CBP to liquidate the appropriate entries This notice also serves as a All submissions, with limited without regard to antidumping duties. preliminary reminder to importers of exceptions, must be filed electronically For entries that were not reported in their responsibility under 19 CFR using ACCESS. An electronically filed the U.S. sales data submitted by 351.402(f)(2) to file a certificate document must be received successfully companies individually examined regarding the reimbursement of in its entirety by 5 p.m. Eastern Time during this review, the Department will antidumping duties prior to liquidation (‘‘ET’’) on the due date. Documents instruct CBP to liquidate such entries at of the relevant entries during this POR. excepted from the electronic submission the rate for the PRC-wide entity.17 Failure to comply with this requirement requirements must be filed manually Additionally, if the Department could result in the Department’s (i.e., in paper form) with the APO/ determines that an exporter under presumption that reimbursement of Dockets Unit in Room 18022 and review had no shipments of the subject antidumping duties occurred and the stamped with the date and time of merchandise, any suspended entries subsequent assessment of double receipt by 5 p.m. ET on the due date. that entered under that exporter’s case antidumping duties. Unless otherwise extended, the number (i.e., at that exporter’s rate) will Department intends to issue the final be liquidated at the rate for the PRC- Notification to Interested Parties results of this administrative review, wide entity.18 This administrative review and notice which will include the results of its In accordance with section are issued and published in accordance analysis of issues raised in any briefs, 751(a)(2)(C) of the Act, the final results with sections 751(a)(1) and 777(i)(1) of within 120 days of publication of these of this review shall be the basis for the preliminary results, pursuant to section assessment of antidumping duties on the Act and 19 CFR 351.221(b)(4). 751(a)(3)(A) of the Act. entries of merchandise covered by the Dated: February 26, 2016. final results of this review and for future Paul Piquado, Assessment Rates deposits of estimated antidumping duties, where applicable. Assistant Secretary for Enforcement and Upon issuance of the final results, the Compliance. Department will determine, and U.S. Cash Deposit Requirements Customs and Border Protection (‘‘CBP’’) Appendix shall assess, antidumping duties on all The following cash deposit requirements will be effective upon List of Topics Discussed in the Preliminary appropriate entries covered by this Decision Memorandum: review.14 The Department intends to publication of the final results of this issue assessment instructions to CBP 15 administrative review for shipments of 1. Summary days after the publication date of the the subject merchandise from the PRC 2. Background final results of this review. For any entered, or withdrawn from warehouse, a. Initiation individually examined respondent for consumption on or after the b. Respondent Selection whose (estimated) ad valorem publication date, as provided by section c. Questionnaires weighted–average dumping margin is 751(a)(2)(C) of the Act: (1) For each d. Scope of the Order not zero or de minimis (i.e., less than specific company listed in the final 3. Discussion of the Methodology 0.50 percent) in the final results of this results of review, the cash deposit rate a. Preliminary Determination of No review, the Department will calculate will be equal to the weighted-average Shipments b. Non-Market Economy Country importer-specific assessment rates on dumping margin established in the final c. Separate Rates the basis of the ratio of the total amount results of this review (except, if the rate d. Weighted-Average Dumping Margin for of dumping calculated for the importer’s is de minimis, then cash deposit rate Non-Examined Separate Rate Companies examined sales and the total quantity of will be zero); (2) for previously investigated or reviewed PRC and non- e. Surrogate Country and Surrogate Value those sales, in accordance with 19 CFR Data 351.212(b)(1).15 The Department will PRC exporters not listed above that received a separate rate in the f. Facts Available for Normal Value also calculate (estimated) ad valorem g. Date of Sale importer-specific assessment rates with completed segment of this proceeding for the most recent period, the cash h. Comparisons to Normal Value which to assess whether the per-unit i. U.S. Price assessment rate is de minimis. We will deposit rate will continue to be the existing exporter-specific cash deposit j. Normal Value k. Currency Conversion 12 rate; (3) for all PRC exporters of subject See 19 CFR 351.310(c). 4. Recommendation 13 See 19 CFR 351.310(d). merchandise that have not been found 14 See 19 CFR 351.212(b)(1). to be entitled to a separate rate, the cash [FR Doc. 2016–04729 Filed 3–3–16; 8:45 am] 15 In these preliminary results, the Department deposit rate will be the rate for the PRC- BILLING CODE 3510–DS–P applied the assessment rate calculation method wide entity; and (4) for all non-PRC adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping 16 See 19 CFR 351.106(c)(2). Proceedings: Final Modification, 77 FR 8101 17 Id. (February 14, 2012). 18 Id.

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DEPARTMENT OF COMMERCE Jingmei Chemical and Eno Chemical end of the most recently completed each certified that, since the initiation of calendar or fiscal year. Accordingly, the International Trade Administration the investigation, it has never been POR is May 27, 2014, through December affiliated with any PRC exporter or 31, 2015. [C–570–009] producer who exported subject Initiation of New Shipper Review Calcium Hypochlorite From the merchandise to the United States during People’s Republic of China: Initiation the POI, including those respondents Pursuant to section 751(a)(2)(B) of the of Countervailing Duty New Shipper not individually examined during the Act, 19 CFR 351.214(b), and 19 CFR 5 Review; 2014–2015 investigation. 351.214(d)(1), and based on the In addition to the certifications evidence provided by Jingmei Chemical, AGENCY: Enforcement and Compliance, described above, pursuant to 19 CFR we find that its request meets the International Trade Administration, 351.214(b)(2)(iv), Jingmei Chemical threshold requirements for initiation of Department of Commerce. submitted documentation establishing the NSR for shipments of calcium the following: (1) The date on which the DATE: Effective Date: March 4, 2016. hypochlorite from the PRC produced by subject merchandise was first entered or Eno Chemical and exported by Jingmei SUMMARY: The Department of Commerce withdrawn from warehouse, for Chemical.11 If the information supplied (‘‘the Department’’) is initiating a new consumption; (2) the volume of its first by Jingmei Chemical is found to be shipper review (‘‘NSR’’) of the shipment and subsequent shipments, if incorrect or insufficient during the countervailing duty (‘‘CVD’’) order on any; and (3) the date of its first sale to course of this proceeding, the calcium hypochlorite from the People’s an unaffiliated customer in the United Department may rescind the review for Republic of China (‘‘PRC’’) with respect States.6 Pursuant to 19 CFR Jingmei Chemical or apply facts to Jingmei Chemical Products Sales Co., 351.214(b)(2)(v), Jingmei Chemical available pursuant to section 776 of the Ltd. (‘‘Jingmei Chemical’’). The period certified that it informed the Act, depending on the facts on the of review (‘‘POR’’) for this NSR is May government of the PRC that it will be record. 27, 2014, through December 31, 2015. required to provide a full response to Absent a determination that the new FOR FURTHER INFORMATION CONTACT: the Department’s questionnaire.7 On shipper review is extraordinarily Frances Veith, AD/CVD Operations, February 2, 2016, the Department issued complicated, the Department intends to Office V, Enforcement and Compliance, a pre-initiation supplemental issue the preliminary results of this NSR International Trade Administration, questionnaire to Jingmei Chemical,8 to within 180 days from the date of U.S. Department of Commerce, 14th which Jingmei provided a timely initiation and the final results within 90 Street and Constitution Avenue NW., response.9 days after the date on which the Washington, DC 20230; telephone: 202– Finally, the Department conducted a preliminary results are issued.12 482–4295. U.S. Customs and Border Protection We will instruct CBP to allow, at the SUPPLEMENTARY INFORMATION: (‘‘CBP’’) database query and confirmed option of the importer, the posting, until the price and quantity reported of the the completion of this review, of a bond Background sale by Jingmei Chemical that formed 10 or security in lieu of a cash deposit for The CVD order on calcium the basis for this new shipper request. each entry of the subject merchandise hypochlorite from the PRC published in Period of Review from the requesting company in the Federal Register on January 30, The Department’s regulations state, in accordance with section 751(a)(2)(B)(iii) 2015.1 Pursuant to section 19 CFR 351.214(g)(2), that the POR for of the Act and 19 CFR 351.214(e). 751(a)(2)(B)(i) of the Tariff Act of 1930, a CVD NSR will be the same period as Because Jingmei Chemical certified that as amended (‘‘the Act’’), and 19 CFR that specified in 19 CFR 351.213(e)(2), Eno Chemical produced the subject 351.214(b), we received a request for a which states that the Department merchandise that Jingmei Chemical NSR of the order from Haixing Jingmei exported, the sales of which are the 2 normally will cover entries of subject Chemical. Jingmei Chemical certified merchandise during the most recently basis for the NSR request, we will that it is the exporter of the subject completed calendar year. However, 19 instruct CBP to permit the use of a bond merchandise upon which the request is CFR 351.213(e)(2)(ii) provides that for only for subject merchandise that Eno based and that Haixing Eno Chemical requests received during the first Chemical produced and Jingmei Co., Ltd. (‘‘Eno Chemical’’) is the Chemical exported. 3 anniversary month after publication of producer of the subject merchandise. an order, the review will cover entries Interested parties requiring access to Pursuant to section 751(a)(2)(B)(i) of or exports during the period from the proprietary information in this NSR the Act and 19 CFR 351.214(b)(2)(ii)(A) date of suspension of liquidation to the should submit applications for and (B), Jingmei Chemical and Eno disclosure under administrative Chemical each certified that they did 5 Id. protective order, in accordance with 19 not export subject merchandise to the 6 See NSR Request at 3–4 and Exhibit 2. CFR 351.305 and 19 CFR 351.306. United States during the period of 7 Id., at Exhibit 1. This initiation and notice are in investigation (‘‘POI’’).4 In addition, 8 See Letter to Jingmei from the Department titled accordance with section 751(a)(2)(B) of pursuant to section 751(a)(2)(B)(i)(II) of ‘‘Calcium Hypochlorite from the People’s Republic the Act, 19 CFR 351.214, and 19 CFR of China: Request for New Shipper Review,’’ dated the Act and 19 CFR 351.214(b)(2)(iii)(A), February 2, 2016. 351.221(c)(1)(i). 9 See Jingmei’s pre-initiation supplemental 1 See Calcium Hypochlorite From the People’s questionnaire response regarding, ‘‘Calcium 11 See Memorandum to the File, through Republic of China: Countervailing Duty Order, 80 Hypochlorite from the People’s Republic of China Catherine Bertrand, Program Manager, Office V, FR 5082 (January 30, 2015) (‘‘Order’’). Response to Department’s Question About First Enforcement and Compliance, from Frances Veith, 2 See Jingmei Chemical’s letter to the Department Sale,’’ February 8, 2016. Senior International Trade Analyst, Office V, regarding, ‘‘Calcium Hypochlorite from the People’s 10 See Memorandum to the File from Frances Enforcement and Compliance, titled ‘‘Initiation of Republic of China Entry of Appearance and Request Veith, Senior International Trade Analyst, Office V, CVD New Shipper Review: Calcium Hypochlorite for New Shipper Review,’’ dated November 20, Enforcement and Compliance, regarding ‘‘Calcium from the People’s Republic of China,’’ dated 2015 (‘‘NSR Request’’). Hypochlorite from the People’s Republic of China; concurrently with this notice. 3 Id., at 3 and Exhibit 1. U.S. Imports of Calcium Hypochlorite,’’ dated 12 See section 751(a)(2)(B)(iv) of the Act and 19 4 Id., at Exhibit 1. concurrently with this notice. CFR 351.214(i).

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Dated: February 29, 2016. category manufactured in the United Road, Piscataway, NK 08854. Christian Marsh, States. Application accepted by Instrument: Low Temperature Scanning Deputy Assistant Secretary for Antidumping Commissioner of Customs: December Tunneling Microscope. Manufacturer: and Countervailing Duty Operations. 15, 2015. Unisoku, Japan. Intended Use: The [FR Doc. 2016–04844 Filed 3–3–16; 8:45 am] Docket Number: 15–049. Applicant: instrument will be used to prepare BILLING CODE 3510–DS–P University of Maryland College Park, atomically flat and clean surfaces of 2125 J. M. Patterson, College Park, MD samples with proper heat treatment, 20742. Instrument: Laser lithography measure crystal surface’s electronic system Photonic Professional GT and DEPARTMENT OF COMMERCE structure with ultimate spatial and accessories. Manufacturer: Nanoscribe energy resolution, observe quantum International Trade Administration GmbH, Hermon Von Hermholtz Platz 1, Germany. Intended Use: The phenomena accompanied with Application(s) for Duty-Free Entry of fundamental capabilities of the temperature or magnetic field change at Scientific Instruments instrument target the nanoscale the atomic scale, find the atomic origin fabrication of complex 3-dimensional of quantum phenomena in strongly Pursuant to Section 6(c) of the correlated materials and control the Educational, Scientific and Cultural polymer components and systems. The instrument will be used for the quantum phenomena by material Materials Importation Act of 1966 (Pub. characterization and optimization of deposition or atom manipulation. L. 89–651, as amended by Pub. L. 106– fabrication resolution and precision for Techniques will include making and 36; 80 Stat. 897; 15 CFR part 301), we specific applications and device and maintaining ultra-high vacuum, invite comments on the question of system level characterization of lowering the temperature by using whether instruments of equivalent components manufactured using the scientific value, for the purposes for cryogenic liquids, heating of samples in nanoscribe tool. It will be used to which the instruments shown below are the vacuum chamber by electron beam perform research into the nanoscale intended to be used, are being heating, cleaving of samples at low patterning of photoactive polymer manufactured in the United States. temperature, vacuum material materials, including epoxy-based Comments must comply with 15 CFR evaporation, and scanning probe photoresists. Unique features of this techniques to get electronic structures of 301.5(a)(3) and (4) of the regulations and instrument include two photon be postmarked on or before March 24, the specimen (scanning tunneling polymerization of various UV-curable microscopy, scanning tunneling 2016. Address written comments to photoresists, two photon exposure of spectroscopy, tip treatment or atom Statutory Import Programs Staff, Room common positive tone photoresists, and manipulation). Unique features of this 3720, U.S. Department of Commerce, the highest resolution available for a 3D Washington, DC 20230. Applications printer. Justification for Duty-Free instrument include operation may be examined between 8:30 a.m. and Entry: There are no instruments of the temperature of lower than 5K with 5:00 p.m. at the U.S. Department of liquid helium, ultra high vacuum at same general category manufactured in ¥ ¥ Commerce in Room 3720. the United States. Application accepted 1.3x10 8 Pa (9.8x10 11 Torr), high Docket Number: 15–044. Applicant: by Commissioner of Customs: December magnetic field supplied University of Pittsburgh, 116 Atwood 7, 2015. superconducting magnet with a Street, Suite 201, Pittsburgh, PA 15260. Docket Number: 15–054. Applicant: maximum 8 Tesla field perpendicular to Instrument: Scios Dual Beam Field University of Connecticut Health the sample plane, preparation chamber Emission Scanning Electron Center, 263 Farmington Ave., with direct current heating up to 1300C Microscope. Manufacturer: Scios, Czech Farmington, CT 06030. Instrument: and e-beam heating up to 1500C, IS Republic. Intended Use: The instrument Electron Microscope. Manufacturer: FEI 40C1 Sputter Cleaning Ion Source with will be used to reveal the surface and Company, Czech Republic. Intended gas inlet package, MAN–SLT cooling sub-surface microstructure metrics of Use: The instrument will be used to and cleaving manipulator, and UHV structural materials such as steels, Ni- investigate the organization of various multi-element miniature evaporator ME based superalloys, Al-, Ti-, Mn-base and organs and tissues obtained from mice. other specialty alloys, functional series. Justification for Duty-Free Entry: Justification for Duty-Free Entry: There There are no instruments of the same materials based on ceramic, metal and are no instruments of the same general general category manufactured in the semiconducting thin films, particulates category manufactured in the United United States. Application accepted by and composites. Justification for Duty- States. Application accepted by Free Entry: There are no instruments of Commissioner of Customs: November Commissioner of Customs: December the same general category manufactured 24, 2015. 15, 2015. in the United States. Application Docket Number: 15–056. Applicant: Docket Number: 15–060. Applicant: accepted by Commissioner of Customs: St. Jude Children’s Research Hospital, Kent State University, 1425 University December 15, 2015. 262 Danny Thomas Place, Memphis, TN Esplanade, Kent, OH 44242. Instrument: Docket Number: 15–047. Applicant: 38105. Instrument: Electron Microscope. Electron Microscope. Manufacturer: FEI Dana-Farber Cancer Institute, 450 Manufacturer: FEI Company, Czech company, the Netherlands. Intended Brookline Ave., Boston, MA 02210. Republic. Intended Use: The instrument Use: The instrument will be used to Instrument: Electron Microscope. will be used to study cell and tissue characterize various kinds of solid state Manufacturer: JEOL, LTD., Japan. cultures, model systems and human materials and fabricate nanostructures Intended Use: The instrument will be tissue biopsies. Justification for Duty- and devices. Justification for Duty-Free used to study a wide range of Free Entry: There are no instruments of Entry: There are no instruments of the biomolecules with the overall objective the same general category manufactured same general category manufactured in of better understanding the biological in the United States. Application the United States. Application accepted processes underlying normal and accepted by Commissioner of Customs: by Commissioner of Customs: December abnormal (cancer) biological activity. December 15, 2015. Justification for Duty-Free Entry: There Docket Number: 15–059. Applicant: 8, 2015. are no instruments of the same general Rutgers University, 136 Frelinghuysen

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Dated: February 25, 2016. recovery plans that are effective ADDRESSES: Written comments may be Gregory W. Campbell, roadmaps for recovering the species as sent by any of the following methods: Director of Subsidies Enforcement, evidenced by whether the plans are • Email to the following address: Enforcement and Compliance. being implemented by NMFS and [email protected]; Include ‘‘Blueline stakeholders, resulting in progress Tilefish Comments’’ in the subject line; [FR Doc. 2016–04843 Filed 3–3–16; 8:45 am] • BILLING CODE 3510–DS–P towards meeting the recovery criteria so Mail or hand deliver to Dr. that the species may be delisted. This Christopher M. Moore, Executive review will evaluate, within the context Director, Mid-Atlantic Fishery DEPARTMENT OF COMMERCE of current budget constraints, the Management Council, 800 North State efficacy of the recovery planning Street, Suite 201, Dover, Delaware National Oceanic and Atmospheric process, including the quality of the 19901. Mark the outside of the envelope Administration recovery plans, the implementation of ‘‘Blueline Tilefish Comments’’; or • Fax to (302) 674–5399. RIN 0648–XE479 recovery actions, and the monitoring of recovery progress. This review will There will be four hearings with the following dates/times/locations: Endangered Species Act; Public provide recommendations to improve 1. Monday March 21, 2016, 6 p.m. Meeting recovery plans and the recovery Dare County Administration Building, planning and implementation process to Commissioners Meeting Room, 954 AGENCY: National Marine Fisheries increase the likelihood of recovering Marshall C. Collins Drive, Manteo, NC Service (NMFS), National Oceanic and species. 27954; telephone: (252) 475–5700. Atmospheric Administration (NOAA), The meeting is open to the public all 2. Tuesday March 22, 2016, 7 p.m. Commerce. day, and the public will have an Hilton Virginia Beach Oceanfront, 3001 ACTION: Notice of public meeting. opportunity to provide verbal or written Atlantic Ave, Virginia Beach, VA 23451; comments in one-hour sessions each telephone: (757) 213–3001. SUMMARY: We, NMFS, announce a day. Exact times for the public comment public meeting of a review of our 3. Monday, March 28, 2016, 7 p.m. sessions are not known, but will be Hilton Suites Oceanfront, 3200 recovery program under the Endangered scheduled after 2 p.m. each day. Species Act of 1973, as amended (ESA). Baltimore Ave., Ocean City, MD 21842; The purpose of the review is to ensure Special Accommodations telephone: (410) 289–6444. 4. Tuesday, March 29, 2016, 7 p.m. that recovery program priorities and This public meeting is physically implementation are aligned with Hilton Garden Inn Lakewood, 1885 accessible to people with disabilities. Route 70, Lakewood, NJ 08701; resources and mission mandates; Requests for sign language enhance and align strategic management telephone: (732) 262–5232. interpretation or other accommodations Council address: Mid-Atlantic Fishery of NMFS regulatory programs; and should be directed to Therese Conant Management Council, 800 N. State provide transparency in the operation of (see ADDRESSES) as soon as possible, but Street, Suite 201, Dover, DE 19901; NMFS recovery program. no later than 7 business days prior to telephone: (302) 674–2331; Web site: DATES: The meeting will be held the meeting date. www.mafmc.org. Tuesday April 19, 2016, through Authority: 16 U.S.C. 1531 et seq. Thursday April 21, 2016, at 9 a.m. FOR FURTHER INFORMATION CONTACT: Dated: February 29, 2016. Christopher M. Moore, Ph.D., Executive ADDRESSES: The meeting will be held at Angela Somma, Director, Mid-Atlantic Fishery the NOAA Science Center, 1301 East- Management Council, telephone: (302) West Highway, Silver Spring, MD Chief, Endangered Species Division, Office of Protected Resources, National Marine 526–5255. 20910; phone: 301–713–1010. Fisheries Service. SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: [FR Doc. 2016–04793 Filed 3–3–16; 8:45 am] Council has initiated an amendment to Therese Conant, NMFS Office of BILLING CODE 3510–22–P the Golden Tilefish Fishery Protected Resources, 301–427–8456. Management Plan to begin management SUPPLEMENTARY INFORMATION: Under the and conservation of blueline tilefish in ESA, section 4(f) requires the Secretary DEPARTMENT OF COMMERCE the Mid-Atlantic. Measures include to develop and implement recovery options for establishing a Mid-Atlantic plans for the conservation and survival National Oceanic and Atmospheric blueline tilefish unit, establishing status of endangered and threatened species. Administration determination criteria, commercial/for- Those recovery plans must include Mid-Atlantic Fishery Management hire/private permitting and reporting, objective, measurable criteria which, Council (MAFMC); Public Hearings establishment of a monitoring when met, would lead to a committee, framework adjustment determination that the species be AGENCY: National Marine Fisheries procedures, specification process removed from the list, site-specific Service (NMFS), National Oceanic and (including risk policy), commercial/ management actions necessary to Atmospheric Administration (NOAA), recreational allocations, commercial/ achieve the plan’s goal for the Commerce. recreational trip/possession limits, conservation of the species, and ACTION: Notice of public hearings. essential fish habitat designation, and estimates of the time and costs to carry catch accountability measures. A public out the measures identified in the plan. SUMMARY: The Mid-Atlantic Fishery hearing document will be posted to the We currently have final recovery Management Council (Council) will Council’s Web site, www.mafmc.org, on plans for 47 species and draft recovery hold public hearings for the Council’s or before March 14, 2916. The Council plans for five species. Recovery plans Blueline Tilefish Amendment. will consider the public’s comments are not started or are under DATES: Written comments will be and testimony at its April 2016 Council development for 39 species. The accepted until 11:59 p.m. Wednesday, Meeting, when it will take final action objective of the recovery program March 30, 2016. The hearings will be regarding adding blueline tilefish to the review is to determine if the current held between March 21, 2016 and Golden Tilefish Fishery Management recovery planning process results in March 29, 2016 as described below. Plan.

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Special Accommodations list of coral zones and Plan Disabled, 1401 S. Clark Street, Suite This meeting is physically accessible Development Team (PDT) 715, Arlington, Virginia, 22202–4149. recommended updates and recommend to people with disabilities. Requests for FOR FURTHER INFORMATION CONTACT: modified alternatives to Council as sign language interpretation or other Barry S. Lineback, Telephone: (703) auxiliary aids should be directed to M. appropriate; discuss range of management measures for coral zones 603–7740, Fax: (703) 603–0655, or email Jan Saunders, (302) 526–5251, at least 5 [email protected]. days prior to the meeting date. and recommend modified alternatives to Council as appropriate; review SUPPLEMENTARY INFORMATION: Dated: March 1, 2016. preliminary PDT summary of fishing Tracey L. Thompson, activities within coral zones; Discuss Addition Acting Deputy Director, Office of Sustainable timeline for action and work plan. The On 1/29/2016 (81 FR 5009), the Fisheries, National Marine Fisheries Service. Committee may also receive an update Committee for Purchase From People [FR Doc. 2016–04858 Filed 3–3–16; 8:45 am] on the Northeast Regional Ocean Plan. Who Are Blind or Severely Disabled BILLING CODE 3510–22–P Other business will be discussed as necessary. published notice of proposed addition Although non-emergency issues not to the Procurement List. DEPARTMENT OF COMMERCE contained in this agenda may come After consideration of the material before this group for discussion, those presented to it concerning capability of National Oceanic and Atmospheric issues may not be the subject of formal qualified nonprofit agency to furnish the Administration action during these meetings. Action service and impact of the addition on New England Fishery Management will be restricted to those issues the current or most recent contractors, Council; Public Meeting specifically listed in this notice and any the Committee has determined that the issues arising after publication of this service listed below is suitable for AGENCY: National Marine Fisheries notice that require emergency action procurement by the Federal Government Service (NMFS), National Oceanic and under section 305(c) of the Magnuson- under 41 U.S.C. 8501–8506 and 41 CFR Atmospheric Administration (NOAA), Stevens Act, provided the public has 51–2.4. Commerce been notified of the Council’s intent to ACTION: Notice; public meeting. take final action to address the Regulatory Flexibility Act Certification emergency. SUMMARY: The New England Fishery I certify that the following action will Management Council (Council) is Special Accommodations not have a significant impact on a scheduling a public meeting of its This meeting is physically accessible substantial number of small entities. Habitat Committee to consider actions to people with disabilities. Requests for The major factors considered for this affecting New England fisheries in the sign language interpretation or other certification were: exclusive economic zone (EEZ). auxiliary aids should be directed to 1. The action will not result in any Recommendations from this group will Thomas A. Nies, Executive Director, at additional reporting, recordkeeping or be brought to the full Council for formal (978) 465–0492, at least 5 days prior to other compliance requirements for small consideration and action, if appropriate. the meeting date. entities other than the small DATES: This meeting will be held on Authority: 16 U.S.C. 1801 et seq. organization that will provide the Tuesday, March 22, 2016 at 9 a.m. Dated: March 1, 2016. service to the Government. ADDRESSES: The meeting will be held at the Crowne Plaza Providence Warwick Tracey L. Thompson, 2. The action will result in (Airport), 801 Greenwich Avenue, Acting Deputy Director, Office of Sustainable authorizing a small entity to provide the Warwick, RI 02886; phone: (401) 732– Fisheries, National Marine Fisheries Service. service to the Government. 6000; fax: (401) 732–0261. [FR Doc. 2016–04859 Filed 3–3–16; 8:45 am] 3. There are no known regulatory Council address: New England BILLING CODE 3510–22–P alternatives which would accomplish Fishery Management Council, 50 Water the objectives of the Javits-Wagner- Street, Mill 2, Newburyport, MA 01950. O’Day Act (41 U.S.C. 8501–8506) in FOR FURTHER INFORMATION CONTACT: COMMITTEE FOR PURCHASE FROM connection with the service proposed Thomas A. Nies, Executive Director, PEOPLE WHO ARE BLIND OR for addition to the Procurement List. New England Fishery Management SEVERELY DISABLED Council; telephone: (978) 465–0492. End of Certification SUPPLEMENTARY INFORMATION: Procurement List; Addition Accordingly, the following service is Agenda AGENCY: Committee for Purchase From added to the Procurement List: The Committee plans to review People Who Are Blind or Severely Service habitat-related sections of five-year Disabled. Service Type: Base Supply Center Service Council research priorities and forward ACTION: Addition to the Procurement Mandatory for: U.S. Army, Fort Wainwright, recommendations to the Scientific and List. AK Statistical Committee. They will also Mandatory Source(s) of Supply: RLCB, Inc., SUMMARY: receive update on framework This action adds a service to Raleigh, NC adjustment to develop clam dredge the Procurement List that will be Contracting Activity: Dept. of the Army, 0413 access areas in Council-proposed provided by the nonprofit agency AQ HQ, HQ PARC, Fort Wainwright, AK Omnibus Habitat Amendment employing persons who are blind or management areas. The committee will have other severe disabilities. Barry S. Lineback, continue development of Omnibus DATES: Effective Date: April 3, 2016. Director, Business Operations. Deep-Sea Coral Amendment; discuss ADDRESSES: Committee for Purchase [FR Doc. 2016–04811 Filed 3–3–16; 8:45 am] goals and objectives of action, review From People Who Are Blind or Severely BILLING CODE 6353–01–P

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COMMITTEE FOR PURCHASE FROM Service ‘‘CFTC’’) is announcing an opportunity PEOPLE WHO ARE BLIND OR Service Type: Custodial Service for public comment on the renewal of SEVERELY DISABLED Mandatory For: U.S. Air Force, Air Force collection of certain information by the Institute of Technology/Air Force Commission’s Office of Consumer Procurement List; Proposed Additions Research Laboratories, Wright-Patterson Outreach (‘‘OCO’’). Under the and Deletions Air Force Base, OH Paperwork Reduction Act (‘‘PRA’’), Mandatory Source(s) of Supply: CW Federal agencies are required to publish AGENCY: Committee for Purchase From Resources, Inc., New Britain, CT Contracting Activity: Dept. of the Air Force, notice in the Federal Register People Who Are Blind or Severely concerning each proposed or renewal of Disabled. FA8601 AFLCMC PZIO, Wright- Patterson Air Force Base, OH a collection of information and to allow ACTION: Proposed additions to and 60 days for public comment. The deletions from the Procurement List. Deletions Commission is soliciting comments for The following products are proposed the renewal of its generic information SUMMARY: The Committee is proposing for deletion from the Procurement List: collection that will help the CFTC to add products and a service to the Products satisfy responsibilities under the Dodd- Procurement List that will be furnished Frank Wall Street Reform and Consumer by nonprofit agencies employing NSN(s)—Product Name(s): MR 941—Cloth, Protection Act (‘‘Dodd-Frank Act’’), persons who are blind or have other Dish, Knitted Cotton, 4 pack Mandatory Source(s) of Supply: Lions found in Section 748 of the Dodd-Frank severe disabilities, and delete products Act. The generic information collection previously furnished by such agencies. Services, Inc., Charlotte, NC NSN(s)—Product Name(s): MR 354— will provide the OCO a means to gather DATES: Comments must be received on Multipurpose Food Dicer qualitative consumer and stakeholder or before March 3, 2016. Mandatory Source(s) of Supply: Industries for feedback in an efficient, timely manner ADDRESSES: Committee for Purchase the Blind, Inc., West Allis, WI to facilitate service delivery. From People Who Are Blind or Severely Contracting Activity: Defense Commissary DATES: Comments must be submitted on Disabled, 1401 S. Clark Street, Suite Agency, Fort Lee, VA or before May 3, 2016. 715, Arlington, Virginia 22202–4149. NSN(s)—Product Name(s): ADDRESSES: You may submit comments, 7530–00–NIB–0496—Index Tabs, Mylar identified by ‘‘Generic Clearance for the FOR FURTHER INFORMATION CONTACT: Reinforced Barry S. Lineback, Telephone: (703) 7530–00–NIB–0497 Collection of Qualitative Feedback on 603–7740, Fax: (703) 603–0655, or email 7530–00–NIB–0498 Agency Service Delivery,’’ and [email protected]. 7530–00–NIB–0499 Collection Number 3038–0107, by any 7530–00–NIB–0500 of the following methods: SUPPLEMENTARY INFORMATION: This 7530–00–NIB–0501 • The Agency’s Web site, at http:// notice is published pursuant to 41 7530–00–NIB–0502 comments.cftc.gov/. Follow the U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its 7530–00–NIB–0503 instructions for submitting comments purpose is to provide interested persons 7530–00–NIB–0504 through the Web site. an opportunity to submit comments on Mandatory Source(s) of Supply: South Texas • Mail: Christopher Kirkpatrick, the proposed actions. Lighthouse for the Blind, Corpus Christi, Secretary of the Commission, TX Additions Commodity Futures Trading Contracting Activity: General Services Commission, Three Lafayette Centre, Administration, New York, NY If the Committee approves the 1155 21st Street NW., Washington, DC proposed additions, the entities of the NSN(s)—Product Name(s): 9320–00–NSH– 20581. Federal Government identified in this 0001—Foam Cutouts • Mandatory Source(s) of Supply: Epilepsy Hand Delivery/Courier: Same as notice will be required to procure the Mail above. products and service listed below from Association of Georgia, Warner Robins, • GA Federal eRulemaking Portal: http:// the nonprofit agencies employing Contracting Activity: Dept. of the Air Force, www.regulations.gov. Follow the persons who are blind or have other FA8501 AFSC PZIO, Robins AFB, GA. instructions for submitting comments severe disabilities. through the Portal. The following products and service Barry S. Lineback, Please submit your comments using are proposed for addition to the Director, Business Operations. only one method. Procurement List for production by the [FR Doc. 2016–04810 Filed 3–3–16; 8:45 am] All comments must be submitted in nonprofit agencies listed: BILLING CODE 6353–01–P English, or if not, accompanied by an Products English translation. Comments will be posted as received to http:// NSN(s)—Product Name(s): MR 10659— COMMODITY FUTURES TRADING Container Set, Soup and Salad, Includes www.cftc.gov. If you wish the Shipper 20659 COMMISSION Commission to consider information Mandatory Source of Supply: Winston-Salem that you believe is exempt from Industries for the Blind, Inc., Winston- Agency Information Collection disclosure under the Freedom of Salem, NC Activities: Notice of Intent To Renew Information Act, a petition for NSN(s)—Product Name(s): MR 849—Whisk, Collection 3038–0107, Generic confidential treatment of the exempt Wire Looped Clearance for the Collection of information may be submitted according Mandatory Source(s) of Supply: Cincinnati Qualitative Feedback on Agency to the procedures established in § 145.9 Association for the Blind, Cincinnati, OH Service Delivery of the Commission’s regulations.1 Mandatory for: Military commissaries and FOR FURTHER INFORMATION CONTACT: exchanges in accordance with the Code AGENCY: Commodity Futures Trading of Federal Regulations, Chapter 51, 51– Commission. Nisha Smalls, Office of Consumer 6.4. ACTION: Notice. Outreach, Commodity Futures Trading Contracting Activity: Defense Commissary Commission, 1155 21st Street NW., Agency, Fort Lee, VA SUMMARY: The Commodity Futures Distribution: C-List Trading Commission (‘‘Commission’’ or 1 17 CFR 145.9.

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Washington, DC 20581, (202) 418–5895; PRA without the delays of the normal collection techniques or other forms of FAX: (202) 418–5541; email: nsmalls@ clearance process. Collection methods information technology; e.g., permitting cftc.gov and refer to this Federal may include focus groups and surveys electronic submission of responses. Register notice. as well as other relevant collection Burden Statement SUPPLEMENTARY INFORMATION: Under the methods that meet the conditions PRA, Federal agencies must obtain appropriate for a generic clearance as Type of Review: Generic Clearance approval from the Office of Management outlined below. The OCO will only Request. and Budget (‘‘OMB’’) for each collection submit a collection for approval under Affected Public: Individuals and of information they conduct or sponsor. this generic clearance if it meets the Households, Businesses and ‘‘Collection of Information’’ is defined following conditions: Organization, State, Local or Tribal • The collections are voluntary; governments. in 44 U.S.C. 3502(3) and 5 CFR 1320.3 • and includes agency requests or The collections are low-burden for Respondent’s Obligation: Voluntary. requirements that members of the public respondents (based on considerations of Estimated number of Respondents/ submit reports, keep records, or provide total burden hours, total number of Affected Entities: 1,440. information to a third party. Section respondent, or burden-hours per Estimated average number of 3506(c)(2)(A) of the PRA, 44 U.S.C. respondent) and are low-cost for both responses: 10 per year. 3506(c)(2)(A), requires Federal agencies the respondents and the Federal Estimated total average annual Government; burden on respondents: 14,400 to provide a 60-day notice in the • Federal Register concerning each The collections are non- responses. proposed collection of information, controversial and do not raise issues of Frequency of collection: Once per including each proposed extension of an concern to other Federal agencies; request. • Any collection is targeted to the existing collection of information, Average minutes per response: 120. solicitation of opinions from before submitting the collection to OMB Estimated total annual burden hours respondents who have experience with for approval. To comply with this requested: 28,800 hours. the program or may have experience requirement, the CFTC is publishing There are no capital costs or operating with the program in the near future; notice of the proposed collection of and maintenance costs associated with • Personally identifiable information information listed below. this collection. (PII) is collected only to the extent Title: Generic Clearance for Collection necessary and is not retained; Authority: 44 U.S.C. 3501 et seq. of Qualitative Feedback on Agency • Information gathered is intended to Dated: March 1, 2016. Service Delivery. be used only internally for general Robert N. Sidman, Abstract: In accordance with section service improvement and program Deputy Secretary of the Commission. 748 of the Dodd-Frank Act, the OCO management purposes and is not anticipates undertaking a variety of [FR Doc. 2016–04812 Filed 3–3–16; 8:45 am] intended for release outside of the BILLING CODE 6351–01–P service delivery-focused activities over Commission (if released, the the next few years which include Commission must indicate the consumer outreach and information- qualitative nature of the information); sharing with stakeholders that are • Information gathered will not be DEPARTMENT OF DEFENSE responsive to stakeholders’ needs and used for the purpose of substantially sensitive to changes in the consumer informing influential policy decisions; Office of the Secretary market. The proposed information and collection activity will use similar • Information gathered will yield [Transmittal No. 15–80] methods for information collection or qualitative information; the collections 36(b)(1) Arms Sales Notification otherwise share common elements, and will not be designed or expected to provide a means to gather qualitative yield statistically reliable results or used AGENCY: Defense Security Cooperation customer and stakeholder feedback in as though the results are generalizable to Agency, Department of Defense. an efficient, timely manner. By the population of study. Whether the ACTION: Notice. qualitative feedback we mean proposed collection of information is information that provides useful necessary for the proper performance of SUMMARY: The Department of Defense is information on perceptions and the functions of the Commission, publishing the unclassified text of a opinions. The solicitation of including whether the information will section 36(b)(1) arms sales notification. information on delivery of consumer have a practical use; This is published to fulfill the services will address such areas as With respect to the collection of requirements of section 155 of Public appropriate messages, effective message information, the Commission invites Law 104–164 dated July 21, 1996. delivery methods, effective event comments on: FOR FURTHER INFORMATION CONTACT: outreach tactics and characteristics, new • The accuracy of the Commission’s Sarah A. Ragan or Heather N. Harwell, outreach program ideas and content, estimate of the burden of the proposed DSCA/LMO, (703) 604–1546/(703) 607– and current consumer beliefs, collection of information, including the 5339. psychographics and social norms that validity of the methodology and The following is a copy of a letter to will assist the agency in developing assumptions used; the Speaker of the House of outreach and communications • Ways to enhance the quality, Representatives, Transmittal 15–80 with campaigns. Since these systems will use usefulness, and clarity of the attached Policy Justification. similar methods for information information to be collected; and collection or otherwise share common • Ways to minimize the burden of Dated: March 1, 2016. elements, the OCO is proposing a collection of information on those who Aaron Siegel, generic clearance for this process which are to respond, including through the Alternate OSD Federal Register Liaison will allow the OCO to implement these use of appropriate automated electronic, Officer, Department of Defense. systems and meet the obligations of the mechanical, or other technological BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C (iii) Description and Quantity or Additionally, this possible sale includes Transmittal No. 15–80 Quantities of Articles or Services Under spare and repair parts, support and test Consideration for Purchase: equipment, publications and technical Notice of Proposed Issuance of Letter of Major Defense Equipment (MDE): documentation, personnel training and Offer Pursuant to Section 36(b)(1) of the Eight (8) F–16 Block 52 aircraft (two (2) training equipment, U.S. Government Arms Export Control Act, as amended C and six (6) D models), with the and contractor engineering, technical F100–PW–229 increased performance and logistics support services, and other (i) Prospective Purchaser: The engine related elements of logistical and Government of Pakistan Fourteen (14) Joint Helmet Mounted program support. The estimated cost of (ii) Total Estimated Value: Cueing Systems (JHMCS) MDE is $564.68 million. The total Major Defense Equip- Non-MDE items included in this estimated cost is $699.04 million. ment * ...... $564.68 million request are eight (8) AN/APG–68(V)9 (iv) Military Department: Air Force Other ...... $134.36 million radars, and eight (8) ALQ–211(V)9 (X7–D–5A7) Advanced Integrated Defensive (v) Prior Related Cases, if any: FMS TOTAL ...... $699.04 million Electronic Warfare Suites (AIDEWS). Case SAF—$1.4B–24 Oct 06

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(vi) Sales Commission, Fee, etc., Paid, Implementation of this proposed sale higher transmission power, more Offered, or Agreed to be Paid: None will not require the assignment of any sensitive receiver electronics, and an (vii) Sensitivity of Technology additional U.S. Government or entirely new capability, Synthetic Contained in the Defense Article or contractor representatives to Pakistan. Aperture Radar (SAR), which creates Defense Services Proposed to be Sold: There will be no adverse impact on higher resolution ground maps from a See Attached Annex U.S. defense readiness as a result of this much greater distance than previous (viii) Date Report Delivered to proposed sale. versions of the APG–68. Complete Congress: 11 February 2016 Transmittal No. 15–80 hardware is classified CONFIDENTIAL, * as defined in Section 47(6) of the major components and subsystems are Arms Export Control Act Notice of Proposed Issuance of Letter of classified CONFIDENTIAL, software is Offer Pursuant to Section 36(b)(1) of the POLICY JUSTIFICATION classified SECRET, and technical data Arms Export Control Act and documentation are classified up to The Government of Pakistan—F–16 Annex SECRET. Block 52 Aircraft 4. The AN/ARC–238 radio with HAVE The Government of Pakistan has Item No. vii QUICK II is a voice communications requested a possible sale of: (vii) Sensitivity of Technology: radio system. The AN/ARC–238 Major Defense Equipment (MDE): 1. This sale involves the release of employs cryptographic technology that Eight (8) F–16 Block 52 aircraft (two (2) sensitive technology to Pakistan. The is classified SECRET. Classified C and six (6) D models), with the F–l 6C/D Block 50/52 weapon system is elements include operating F100–PW–229 increased performance UNCLASSIFIED, except as noted below. characteristics, parameters, technical engine The aircraft uses the F–16 airframe and data, and keying material. Fourteen (14) Joint Helmet Mounted features advanced avionics and systems. 5. The AN/APX–113 AIFF with Mode Cueing Systems (JHMCS) It contains the Pratt and Whitney F– IV system is classified up to SECRET Non-MDE items included in this 100–PW–229 engine, AN/APG–68V(9) when operational evaluator parameters request are eight (8) AN/APG–68(V)9 radar, digital flight control system, are loaded into the equipment. radars, and eight (8) ALQ–211(V)9 external electronic warfare equipment, Classified elements of the AIFF system Advanced Integrated Defensive Advanced Identification Friend or Foe include software object code, operating Electronic Warfare Suites (AIDEWS). (AIFF), LINK–16 datalink, and software characteristics, parameters, and Additionally, this possible sale includes computer programs. technical data. spare and repair parts, support and test 2. Sensitive and/or classified (up to 6. The Multifunctional Information equipment, publications and technical SECRET) elements of the proposed Distribution System-Low Volume documentation, personnel training and F–16C/D include hardware, accessories, Terminal (MIDS–LVT) is an advanced training equipment, U.S. Government components, and associated software: Link–16 command, control, and contractor engineering, technical AN/APG–68V(9) Radar, Have Quick I/II communications, and intelligence (C31) and logistics support services, and other Radios, AN/APX–113 AIFF with Mode system incorporating high-capacity, related elements of logistical and IV capability, AN/ALE–47 jam-resistant, digital communication program support. The estimated cost of Countermeasures (Chaff and Flare) set, links for exchange of near real-time MDE is $564.68 million. The total LINK–16 Advanced Data Link Group A tactical information, including both data estimated cost is $699.04 million. provisions only, Embedded Global and voice, among air, ground, and sea This proposed sale contributes to U.S. Positioning System/Inertial Navigation elements. MIDS–LVT is intended to foreign policy objectives and national System, Joint Helmet-Mounted Cueing support key theater functions such as security goals by helping to improve the System (JHMCS), ALQ–21 l(V)9 surveillance, identification, air control, security of a strategic partner in South Advanced Integrated Defensive weapons engagement coordination, and Asia. Electronic Warfare Suite (AIDEWS) direction for all services and allied The proposed sale improves without Digital Radio Frequency forces. The system will provide Pakistan’s capability to meet current Memory, AN/ALQ–213 jamming-resistant, wide-area and future security threats. These Countermeasures Set, Modular Mission communications on a Link–16 network additional F–16 aircraft will facilitate Computer, Have Glass I/II without among MIDS and Joint Tactical operations in all-weather, non-daylight infrared top coat, Digital Flight Control Information Distribution System (JTIDS) environments, provide a self-defense/ System, F–100 engine infrared equipped platforms. The MIDS/LVT and area suppression capability, and signature, and Advanced Interference MIDS on Ship Terminal hardware, enhance Pakistan’s ability to conduct Blanker Unit. Additional sensitive areas publications, performance counter-insurgency and include operating manuals and specifications, operational capability, counterterrorism operations. maintenance technical orders parameters, vulnerabilities to This sale will increase the number of containing performance information, countermeasures, and software aircraft available to the Pakistan Air operating and test procedures, and other documentation are classified Force to sustain operations, meet information related to support CONFIDENTIAL. The classified monthly training requirements, and operations and repair. The hardware, information to be provided consists of support transition training for pilots software, and data identified are that which is necessary for the new to the Block-52. Pakistan will have classified to protect vulnerabilities, operation, maintenance, and repair no difficulty absorbing these additional design and performance parameters and (through intermediate level) of the data aircraft into its air force. other similar critical information. link terminal, installed systems, and The proposed sale of this equipment 3. The AN/APG–68(V)9 is the latest related software. and support will not alter the basic model of the APG–68 radar and was 7. The Joint Helmet Mounted Cueing military balance in the region. specifically designed for foreign military System (JHMCS) is a modified Contractors have not been selected to sales. This model contains the latest HGU–55/P helmet that incorporates a support this proposed sale. There are no digital technology available for a visor-projected Heads-Up Display known offset agreements proposed in mechanically scanned antenna, (HUD) to cue weapons and aircraft connection with this potential sale. including higher processor power, sensors to air and ground targets. A

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Helmet Vehicle Interface (HVI) interacts and national security objectives ACTION: Notice. with the aircraft system bus to provide outlined in the Policy Justification. signal generation for the helmet display. 10. A determination has been made SUMMARY: The Department of Defense is This provides significant improvement that the recipient country can provide publishing the unclassified text of a for close combat targeting and the same degree of protection for the section 36(b)(1) arms sales notification. engagement. The hardware is sensitive technology being released as This is published to fulfill the UNCLASSIFIED; technical data and the U.S. Government. This sale is requirements of section 155 of Public documents are classified up to SECRET. necessary in furtherance of the U.S. Law 104–164 dated July 21, 1996. 8. If a technologically advanced foreign policy and national security adversary were to obtain knowledge of objectives outlined in the Policy FOR FURTHER INFORMATION CONTACT: the specific hardware or software source Justification. Sarah A. Ragan or Heather N. Harwell, code in this proposed sale, the 11. All defense articles and services DSCA/LMO, (703) 604–1546/(703) 607– information could be used to develop are approved for release to the 5339. Government of Pakistan. countermeasures which might reduce The following is a copy of a letter to weapon system effectiveness or be used [FR Doc. 2016–04860 Filed 3–3–16; 8:45 am] the Speaker of the House of in the development of systems with BILLING CODE 5001–06–P Representatives, Transmittal 15–82 with similar or advanced capabilities. The attached Policy Justification and benefits to be derived from this sale in Sensitivity of Technology. the furtherance of the U.S. foreign DEPARTMENT OF DEFENSE Dated: March 1, 2016. policy and national security objectives, Office of the Secretary as outlined in the Policy Justification, Aaron Siegel, outweigh the potential damage that [Transmittal No. 15–82] Alternate OSD Federal Register Liaison could result if the sensitive technology Officer, Department of Defense. 36(b)(1) Arms Sales Notification were revealed to unauthorized persons. BILLING CODE 5001–06–P 9. This sale is necessary in AGENCY: Defense Security Cooperation furtherance of the U.S. foreign policy Agency, Department of Defense.

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BILLING CODE 5001–06–C (iii) Description and Quantity or U.S. Government and contractor Transmittal No. 15–82 Quantities of Articles or Services under engineering, technical and logistics Consideration for Purchase: support services, and other related Notice of Proposed Issuance of Letter of Major Defense Equipment (MDE): elements of program and logistics Offer Pursuant to Section 36(b)(1) of the Five (5) MK 15 Phalanx Close-In support. The estimated cost is $154.9 Arms Export Control Act, as amended million. Weapons System (CIWS) Block 0 to (iv) Military Department: Navy (SR– Block 1B Baseline 2 upgrade kits (i) Prospective Purchaser: Kingdom of P–LCR) Saudi Arabia Also included are the following non- (v) Prior Related Cases, if any: FMS (ii) Total Estimated Value: MDE items: five (5) local control Case: SR–P–SAT, 24 Mar 74, $147.8 Major Defense Equip- stations, spare and repair parts, upgrade million ment * ...... $72.5 million and conversion of the kits, support and (vi) Sales Commission, Fee, etc., Paid, Other ...... $82.4 million test equipment, personnel training and Offered, or Agreed to be Paid: None training equipment, publications, (vii) Sensitivity of Technology Total ...... $154.9 million software and technical documentation, Contained in the Defense Article or

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Defense Services Proposed to be Sold: The proposed sale of this equipment, 2. If a technologically advanced See Attached Annex services, and support will not alter the adversary were to obtain knowledge of (viii) Date Report Delivered to basic military balance in the region. the specific hardware and software Congress: 10 February 2016 The prime contractor will be elements, the information could be used Raytheon Missiles Systems of Tucson, to develop countermeasures which * as defined in Section 47(6) of the Arizona. There are no known offset might reduce weapon system Arms Export Control Act. agreements proposed in connection effectiveness or be used in the POLICY JUSTIFICATION with this potential sale. development of a system with similar or Implementation of this proposed sale advanced capabilities. Kingdom of Saudi Arabia-MK 15 will not require the assignment of any 3. A determination has been made Phalanx Close-In Weapons System additional U.S. Government or (CIWS) Block 1B Baseline 2 Kits that the recipient country can provide contractor representatives to Saudi substantially the same degree of Arabia; however, contractor engineering The Kingdom of Saudi Arabia has protection for the sensitive technology and technical services may be required requested a sale for the upgrade and being released as the U.S. Government. on an interim basis for installations and conversion of five (5) MK 15 Phalanx This sale is necessary in furtherance of integration. the U.S. foreign policy and national Close-In Weapons System (CIWS) Block There will be no adverse impact on security objectives outlined in the 0 systems to the Block 1B Baseline 2 U.S. defense readiness as a result of this Policy Justification. configuration. The Block 0 systems are proposed sale. currently installed on four (4) Royal 4. All defense articles and services Saudi Naval Forces (RSNF) Patrol Transmittal No. 15–82 listed in this transmittal have been Chaser Missile (PCG) Ships (U.S. origin) Notice of Proposed Issuance of Letter of authorized for release and export to in their Eastern Fleet and one (1) system Offer Pursuant to Section 36(b)(1) of the Saudi Arabia. is located at its Naval Forces School. Arms Export Control Act, as amended [FR Doc. 2016–04823 Filed 3–3–16; 8:45 am] Also included are; five (5) local control BILLING CODE 5001–06–P stations, spare and repair parts, support Annex Item No. vii and test equipment, personnel training (vii) Sensitivity of Technology and training equipment, publications, 1. The MK 15 CIWS Phalanx Block 1B DEPARTMENT OF DEFENSE software, and technical documentation, is a fast reaction detect-through-engage U.S. Government and contractor combat system that provides terminal Office of the Secretary engineering, technical and logistics defense against low-flying, high speed, support services, and other related anti-ship missiles; slow speed general [Transmittal No. 16–14] elements of program and logistics purpose aircraft, helicopters, and small support. The total estimated value of surface craft; and rockets, artillery, and 36(b)(1) Arms Sales Notification MDE is $72.5 million. The overall total mortars. The system is an automatic, estimated value is $154.9 million. self-contained unit consisting of a AGENCY: Department of Defense, Defense search and track radar, digitalized fire Security Cooperation Agency. This proposed sale will contribute to control system, and electro-optical the foreign policy and national security ACTION: Notice. thermal imager, and a stabilization of the United States by helping to system, as well as a 20mm M61A1 gun SUMMARY: The Department of Defense is improve the security of a strategic subsystem. CIWS Block 0 provides publishing the unclassified text of a regional partner, which has been, and terminal defense capability but is no section 36(b)(1) arms sales notification. continues to be, an important force for longer in the U.S. Navy inventory This is published to fulfill the political stability and economic progress decreasing its sustainability. By requirements of section 155 of Public in the Middle East. This acquisition will comparison, the CIWS Block 1B upgrade Law 104–164 dated July 21, 1996. enhance regional stability and maritime included in this sale would add surface FOR FURTHER INFORMATION CONTACT: security and support strategic objectives mode and enhanced anti-air warfare of the United States. Sarah A. Ragan or Heather N. Harwell, capabilities. DSCA/LMO, (703) 604–1546/(703) 607– The proposed sale will provide Saudi a. There is no Critical Program 5339. Arabia with self-defense capabilities for Information associated with the MK 15 The following is a copy of a letter to surface combatants supporting both CIWS Phalanx hardware, technical the Speaker of the House of national and multi-national naval documentation, or software. The highest Representatives, Transmittal 16–14 with operations. The sale will extend the life classification of the hardware to be attached Policy Justification. of existing PCG Class ships. Saudi exported is UNCLASSIFIED. The Arabia will use the enhanced capability highest classification of the technical Dated: February 29, 2016. as a deterrent to regional threats and to documentation to be exported is Aaron Siegel, strengthen its homeland defense. Saudi CONFIDENTIAL. The highest Alternate OSD Federal Register Liaison Arabia will have no difficulty absorbing classification of software to be exported Officer, Department of Defense. this equipment into its armed forces. is UNCLASSIFIED. BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C (iii) Description and Quantity or (iv) Military Department: U.S. Army Transmittal No. 16–14 Quantities of Articles or Services under (ABT, Basic Case) Consideration for Purchase: The (v) Prior Related Cases, if any: SR–B– Notice of Proposed Issuance of Letter of Kingdom of Saudi Arabia has requested ABS–A01; $90M; implemented 30 Dec Offer Pursuant to Section 36(b)(1) of the a possible sale of three years of support 13 Arms Export Control Act, as Amended services by the United States Military (vi) Sales Commission, Fee. etc., Paid, Training Mission to Saudi Arabia Offered, or Agreed to be Paid: None (i) Prospective Purchaser: Kingdom of (vii) Sensitivity of Technology (USMTM). USMTM is the Security Saudi Arabia Contained in the Defense Article or Cooperation Organization (SCO) Defense Services Proposed to be Sold: (ii) Total Estimated Value: responsible for identifying, planning, None Major Defense Equipment * .. $ 0 million and executing U.S. Security Cooperation Other ...... $200 million (viii) Date Report Delivered to training and advisory support for the Congress: 17 February 2016 Kingdom of Saudi Arabia Ministry of Total ...... $200 million * as defined in Section 47(6) of the Defense. Arms Export Control Act.

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POLICY JUSTIFICATION DEPARTMENT OF DEFENSE 1974, as amended (5 U.S.C. 552a), the DMDC and VA have concluded an Kingdom of Saudi Arabia—Support Office of the Secretary agreement to conduct a computer Services [Docket ID: DOD–2016–OS–0018] matching program between the agencies. The Government of Saudi Arabia has The purpose of this agreement is to requested a possible sale of support Privacy Act of 1974; Notice of a verify eligibility for DoD/United States services by the United States Military Computer Matching Program Coast Guard (USCG) members of the Training Mission to Saudi Arabia Reserve forces who receive VA AGENCY: Defense Manpower Data disability compensation or pension in (USMTM). USMTM is the Security Center, DoD. addition to receiving military pay and Cooperation Organization (SCO) ACTION: Notice of a computer matching allowances when performing reserve responsible for identifying, planning, program. duty. The parties to this agreement have and executing U.S. Security Cooperation determined that a computer matching SUMMARY: Subsection (e)(12) of the training and advisory support for the program is the most efficient, Privacy Act of 1974, as amended (5 Kingdom of Saudi Arabia Ministry of expeditious, and effective means of U.S.C. 552a), requires agencies to Defense. The estimated cost is $200 obtaining and processing the publish advance notice of any proposed million. information needed by the VA to or revised computer matching program identify those individuals who are This proposed sale will enhance the by the matching agency for public receiving both VA compensation or foreign policy and national security comment. The Defense Manpower Data pension and DoD/USCG payments for objectives of the United States by Center (DMDC) of the Department of helping to improve the security of an those periods when they are performing Defense (DoD), as the matching agency reserve duty. By law, the individual important partner which has been and under the Privacy Act is hereby giving continues to be an important force for must waive his or her entitlement to VA notice to the record subjects of a disability compensation or pension if he political stability and economic progress computer matching program between or she desires to receive DoD/USCG pay in the Middle East. the Department of Veterans Affairs (VA) and allowances for the period of duty This proposed sale will provide the and DMDC that their records are being performed. This matching agreement continuation of Technical Assistance matched by computer. The purpose of will result in an accurate reconciliation Field Teams (TAFT) and other support this match concerns Reserve pay of such payments by permitting the VA for USMTM services to the Kingdom of reconciliation. to determine which individuals are Saudi Arabia. The proposed sale DATES: This proposed action will being paid by DoD/USCG for duty supports the United States’ continued become effective April 4, 2016 and performed and are being paid VA commitment to the Kingdom of Saudi matching may commence unless disability compensation or pension Arabia’s security and strengthens U.S.- changes to the matching program are benefit for the same period of time Saudi Arabia strategic partnership. required due to public comments or by without a waiver on file with the VA. If Sustaining the USMTM supports Saudi Congressional or by Office of this reconciliation is not done by Arabia in deterring hostile action and Management and Budget objections. computer matching, but is done increases U.S.—Saudi Arabia military Any public comment must be received manually, the cost would be prohibitive and most dual payments would not be interoperability. Saudi Arabia will have before the effective date. detected. no difficulty absorbing this support. ADDRESSES: You may submit comments, identified by docket number and title, A copy of the computer matching The proposed sale will not alter the by any of the following methods: agreement between VA and DMDC is basic military balance in the region. It * Federal Rulemaking Portal: http:// available upon request to the public. will support Combatant Command www.regulations.gov. Follow the Requests should be submitted to Office initiatives in the region by enabling instructions for submitting comments. of the Secretary of Defense, Office of the Saudi Arabia’s efforts to combat * Mail: Department of Defense, Office Deputy Chief Management Officer, Attn: aggression and terrorism. of the Deputy Chief Management Chief, Defense Privacy and Civil Liberties Division 9010 Defense There is no prime contractor Officer, Directorate of Oversight and Pentagon, Washington, DC 20301–9010 associated with this proposed sale. Compliance, Regulatory and Audit Matters Office, 9010 Defense Pentagon, or to the Department of Veterans Affairs, There are no known offset agreements in Veterans Benefit Administration, 810 connection with this potential sale. Washington, DC 20301–9010. Instructions: All submissions received Vermont Avenue NW., Washington, DC Implementation of this proposed sale must include the agency name and 20420. will approve the permanent or docket number for this Federal Register Set forth below is the notice of the temporary assignment of up to 202 case- document. The general policy for establishment of a computer matching funded U.S. Government or contractor comments and other submissions from program required by paragraph 6.c. of personnel to the Kingdom of Saudi members of the public is to make these the Office of Management and Budget Arabia. submissions available for public Guidelines on computer matching viewing on the Internet at http:// published in the Federal Register at 54 There will be no adverse impact on FR 25818 on June 19, 1989. U.S. Defense readiness as a result of this www.regulations.gov as they are received without change, including any The matching agreement, as required proposed sale. personal identifiers or contact by 5 U.S.C. 552a(r) of the Privacy Act, [FR Doc. 2016–04706 Filed 3–3–16; 8:45 am] information. and an advance copy of this notice was BILLING CODE 5001–06–P submitted on February 11, 2016, to the FOR FURTHER INFORMATION CONTACT: Mrs. House Committee on Government Mary Fletcher at telephone (703) 571– Reform, the Senate Committee on 0070. Governmental Affairs, and the SUPPLEMENTARY INFORMATION: Pursuant Administrator of the Office of to subsection (o) of the Privacy Act of Information and Regulatory Affairs,

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Office of Management and Budget is entitled to DoD/USCG compensation VA will furnish DMDC the name and pursuant to paragraph 4d of Appendix may elect to receive for that duty either SSN of all VA pension and disability I to OMB Circular No. A–130, ‘Federal the disability payments or, if he or she compensation recipients and DMDC Agency Responsibilities for Maintaining waives such payments, the DoD/USCG will supply VA the name, SSN, date of Records about Individuals,’ dated compensation for the duty performed. birth, and the number of training days by fiscal year of each reservist who is February 8, 1996 (February 20, 1996, 61 D. Records To Be Matched FR 6427). identified as a result of the match. The systems of records maintained by Dated: March 1, 2016. the respective agencies under the F. Inclusive Dates of the Matching Aaron Siegel, Privacy Act of 1974, as amended, 5 Program Alternate OSD Federal Register Liaison U.S.C. 552a, from which records will be This computer matching program is Officer, Department of Defense. disclosed for the purpose of this subject to public comment and review Notice of a Computer Matching computer match are as follows: by Congress and the Office of Program Between the Department of The DMDC will use the system of Management and Budget. If the Veterans Affairs and the Department of records identified as DMDC 01, entitled mandatory 30 day period for comment Defense for Verification of Disability ‘‘Defense Manpower Data Center Data has expired and no comments are Compensation Base,’’ last published in the Federal received and if no objections are raised Register at November 23, 2011, 76 FR by either Congress or the Office of A. Participating Agencies 72391. Management and Budget within 40 days Participants in this computer The VA will use the system of records of being notified of the proposed match, matching program are the Department of identified as ‘‘Compensation, Pension, the computer matching program Veterans Affairs (VA) and the Defense Education and Vocational Rehabilitation becomes effective and the respective Manpower Data Center (DMDC) of the and Employment Records–VA’’ (58 VA agencies may begin the exchange at a Department of Defense (DoD). The VA is 21/22/28), republished in its entirety in mutually agreeable time and thereafter the source agency, i.e., the activity the Federal Register at July 19, 2012, 77 on a quarterly basis. By agreement disclosing the records for the purpose of FR 42593. between VA and DMDC, the matching the match. The DMDC is the specific program will be in effect for 18 months E. Description of Computer Matching recipient activity or matching agency, with an option to renew for 12 Program i.e., the agency that actually performs additional months unless one of the the computer matching. The VA will submit to DMDC an parties to the agreement advises the electronic data of all VA pension and other by written request to terminate or B. Purpose of the Match disability compensation beneficiaries as modify the agreement. The purpose of this agreement is to of the end of September. Upon receipt G. Address for Receipt of Public verify eligibility for DoD/United States of the data, DMDC will match by SSN Comments or Inquiries Coast Guard (USCG) members of the with reserve pay data as submitted to Reserve forces who receive VA DMDC by the military services and the Department of Defense, Office of the disability compensation or pension to USCG. Upon a SSN match, or a ‘‘hit,’’ Deputy Chief Management Officer, also receive military pay and allowances of both data sets, DMDC will provide Directorate of Oversight and when performing reserve duty. VA the individual’s name and other Compliance, Regulatory and Audit The VA will provide to DMDC identifying data, to include the number Matters Office, 9010 Defense Pentagon, identifying information on all VA of training days, by fiscal year, for each Washington, DC 20301–9010. recipients receiving a VA disability matched record. Training days are the [FR Doc. 2016–04832 Filed 3–3–16; 8:45 am] compensation or pension. DMDC will total of inactive duty drills paid plus BILLING CODE 5001–06–P match the information with its reserve active duty days paid. military pay data and provide for each The hits will be furnished to VA, match (hit) the number of training days, which will be responsible for verifying DEPARTMENT OF DEFENSE by fiscal year, for which the veteran was and determining that the data in the paid. The VA will use this information DMDC electronic files is consistent with Department of the Army, Corps of to make, where appropriate, necessary the VA files and for resolving any Engineers VA payment adjustments. discrepancies or inconsistencies on an Notice of Intent To Prepare a Joint individual basis. VA will initiate actions C. Authority for Conducting the Match Environmental Impact Statement/ to obtain an election by the individual Environmental Impact Report for the The legal authority for conducting the of which pay he or she wishes to receive San Francisco Bay to Stockton (John matching program for use in the and will be responsible for making final F. Baldwin and Stockton Ship administration of VA’s Compensation determinations as to positive Channels) Navigation Improvement and Pension Benefits Program is identification, eligibility for, or amounts Study, San Francisco Bay, CA contained in 38 U.S.C. 5304(c), of pension or disability compensation Prohibition Against Duplication of benefits, adjustments thereto, or any AGENCY: Department of the Army, U.S. Benefits, provides that VA disability recovery of overpayments, or such other Army Corps of Engineers, DoD. compensation or pension based upon action as authorized by law. ACTION: Notice of Intent. his or her previous military service shall The electronic data provided by the not be paid to a person for any period VA will contain information on SUMMARY: In accordance with the for which such person receives active approximately 4.2 million pension and National Environmental Policy Act service pay. 10 U.S.C. 12316, Payment disability compensation recipients. (NEPA), the U.S. Army Corps of of certain Reserves While on Duty, The DMDC reserve pay data contains Engineers (USACE) San Francisco further provides that a reservist who is information on approximately 890,000 District, the Port of Stockton, and the entitled to disability payments due to DoD and 10,000 USCG reservists who Contra Costa County Water Agency are his or her earlier military service and received pay and allowances for preparing an Environmental Impact who performs duty for which he or she performing authorized duty. Statement/Environmental Impact Report

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(EIS/EIR) to evaluate the efficiency of Congressional authorization for Reach and programmatically assess a the movement of goods along the construction. multipurpose project involving existing deep-draft navigation route The forthcoming EIS/EIR for which deepening and ecosystem restoration in extending from the San Francisco Bay to this NOI is prepared proposes to both the Western and Eastern Reaches. the Port of Stockton. This Notice of separate the overall project into two The Port of Stockton is the lead agency Intent (NOI) represents a supplemental separate phases (Phase I and Phase II) and local sponsor in preparing the EIR. notice to the March 12, 2008, NOI under a navigation improvement The USACE and the Port of Stockton released for the San Francisco Bay to programmatic analysis. Under the have agreed to jointly prepare an EIS/ Stockton Navigation Improvement programmatic analysis, two reaches and EIR to optimize efficiency and avoid Study. This supplemental NOI also two phases are identified. duplication. The EIS/EIR is intended to provides an update to the description of Phase I of the study is a single be sufficient in scope to address the the study and discusses current phasing purpose navigation improvement federal, state, and local requirements of the project. Because of the amount of project to evaluate incremental and environmental issues concerning time that has passed since 2008, this deepening to a maximum depth of ¥40 the proposed activities and permit supplemental NOI is being released to feet MLLW in the Western Reach. Phase approvals. notify the public that work will begin on II is a subsequent multipurpose Project Area and Background an EIS/EIR, which is anticipated to be navigation and ecosystem restoration Information: The San Francisco Bay to issued for public review in 2016. This study that would evaluate deepening Stockton Navigation Improvement NOI also re-opens the public scoping the Eastern Reach to a maximum depth Project includes the John F. Baldwin period. of ¥40 feet MLLW. Phase II will also and Stockton Ship Channels, which The 2008 NOI discussed the project as revisit if further deepening of Western extend 75 nautical miles from the a single navigation improvement study/ Reach up to its authorized depth of ¥45 Pacific Ocean, just outside the Golden project, proposing to deepen the John F. feet MLLW is warranted. The Eastern Gate, to the Port of Stockton. Modern Baldwin channel from the West Reach is maintained at its authorized vessels crossing the channels can Richmond Channel to New York Slough depth of ¥35 feet MLLW, and any require up to 55 feet of draft when fully Channel to a maximum depth of ¥45 additional deepening in this reach will laden. Given that these channels are feet mean lower low water (MLLW) and require a new project authorization maintained at ¥35 feet MLLW, most the Stockton Deep Water Ship Channel through a subsequent Water Resources vessels must be ‘‘light-loaded’’ (i.e., less to a maximum depth of ¥40 feet Development Act (WRDA). than fully loaded with cargo) to navigate MLLW. The EIS/EIR will include both a the channels with sufficient under-keel The forthcoming EIS/EIR proposes to project-level feasibility analysis for clearance. Light-loading increases the reevaluate the unconstructed portions of implementation of Phase I and a cost of transportation and, in turn, the the original project described in the programmatic-level analysis for Phase II. cost of the shipped products because 1965 Chief of Engineers Report (House Analysis of Phase II will be conducted more trips must be made to carry the Document 89–208) and authorized by using only existing information (i.e., same volume of cargo. Light-loading is the Rivers and Harbors Act of 1965 additional studies or data collection will also inefficient, requiring more ships to (Public Law 89–298), which will be not be conducted). Additional project- carry cargo than if ships could travel referred to in the EIS/EIR as Phase I (or level feasibility analysis of Phase II will with full loads. the proposed project). Additional study require execution of a separate The study area includes the entire authority exists for the entire channel Feasibility Cost Sharing Agreement with extent of the federal navigation channels from San Francisco Bay to Stockton, the local sponsor and pending receipt of occurring in the Western and Eastern provided by the 2014 United States federal study funds. reaches, which are defined as follows: Senate Committee on Environment and DATES: Submit comments concerning Western Reach. This area includes the Public Works Committee Resolution and this notice on or before April 4, 2016. West Richmond Channel, Pinole Shoal specifying ‘‘navigation, ecosystem There will be no additional public Channel, Carquinez Strait, and the Bulls restoration, flood risk reduction, and meeting in conjunction with this Head Reach portion of the Suisun Bay other water related resource purposes.’’ scoping period. Channel. Avon (just east of the Benicia- This additional study authority will be ADDRESSES: Mail written comments Martinez Bridge) separates the Western discussed programmatically in the EIS/ concerning this notice to: U.S. Army Reach from the Eastern Reach. Western ¥ EIR. Corps of Engineers, San Francisco Reach is currently maintained at 35 The study area for the overall project District, Planning Branch, ATTN: feet MLLW, although the channels have consists of two reaches: The Western ¥ Cynthia J. Fowler, 1455 Market Street, an authorized depth of 45 feet MLLW. Reach and Eastern Reach. The Western San Francisco, CA 94103–1398. Eastern Reach. This area includes the Reach extends from Central San Comment letters should include the remaining portions of the Suisun Bay Francisco Bay to Avon and includes the commenter’s physical mailing address, Channel (i.e., Suisun Bay Channel east West Richmond Channel, Pinole Shoal the project title, and the USACE file of Avon and New York Slough) and all Channel, and Bulls Head Reach portion number in the subject line. of the Stockton Deep Water Ship of the Suisun Bay Channel. The Eastern Channel (DWSC). The Eastern Reach is FOR FURTHER INFORMATION CONTACT: Reach extends from Avon to the Port of also maintained at a depth of ¥35 feet Cynthia J. Fowler, U.S. Army Corps of Stockton and includes the remaining MLLW. portions of the Suisun Bay Channel Engineers, San Francisco District, The Phase I project-level alternatives (east of Avon), New York Slough Planning Branch, 1455 Market Street, described below are anticipated to be Channel, and the Stockton Deep Water San Francisco CA 94103–1398, (415) analyzed in the Draft EIS/EIR. Phase II Ship Channel. The Western Reach is 503–6870, cynthia.j.fowler@ will be evaluated at a programmatic authorized to a depth of ¥45 feet mean usace.army.mil. level because of uncertainties associated lower low water (MLLW), but is SUPPLEMENTARY INFORMATION: As with its scope, size, and other details. currently maintained to ¥35 feet previously mentioned, the USACE No Action, in which dredging to MLLW. Additional deepening of the intends to prepare an EIS to reevaluate deepen the Western Reach would not Eastern Reach requires separate incremental deepening of the Western occur and all construction-related

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activities would be avoided. Scoping Process: The USACE is both the Government in the Sunshine Maintenance dredging would continue seeking participation of all interested Act and the Board’s enabling legislation. annually or on an as-needed basis and federal, state, and local agencies, Native MATTERS TO BE CONSIDERED: In this the federal standard placement sites American groups, and other concerned public hearing, the Board wishes to would continue to be used. private organizations or individuals gather information regarding the Deepening to ¥37 feet MLLW, which through this public notice. The purpose hazards to the public and workers posed would deepen the Western Reach to a of the public scoping period is to solicit by the management of transuranic (TRU) depth of ¥37 feet MLLW with up to 2 comments regarding the potential waste at Los Alamos National feet of overdepth for a maximum depth impacts, environmental issues, and Laboratory (LANL) as well as the of ¥39 feet MLLW. To account for rapid alternatives associated with the Department of Energy’s (DOE) plans to shoaling, an approximately 800-foot proposed action to be considered in the address those hazards. The Board will long sediment trap would be Draft EIS/EIR; identify other significant also examine DOE’s actions taken or constructed at Bulls Head Reach by issues; provide other relevant planned to resolve known inadequacies dredging up to an additional 6 feet information; and recommend mitigation in the current safety basis of the various ¥ (including 2 feet of overdepth) to 43 measures. The public comment period facilities that manage or store TRU feet MLLW. is anticipated to run from March 4 to ¥ waste at LANL, and actions to improve Deepening to 38 feet MLLW, which April 4, 2016. TRU waste management at LANL in would deepen the Western Reach to a The public will have an additional ¥ response to the challenges caused by the depth of 38 feet MLLW with up to 2 opportunity to comment once the Draft Waste Isolation Pilot Plant (WIPP) feet of overdepth for a maximum depth EIS/EIR is released, which is anticipated ¥ accident and the associated of 40 feet MLLW. Under this to be in the summer of 2016. The investigation findings. alternative, an approximately 800-foot USACE will announce availability of the A senior Board technical staff long sediment trap at Bulls Head Reach Draft EIS/EIR in the Federal Register employee will present information to would be constructed by dredging up to and other media, and the USACE and the Board regarding TRU waste an additional 6 feet (including 2 feet of Port of Stockton will provide a 45-day ¥ management at LANL, including safety overdepth) to 44 feet MLLW. review period for the public, issues identified at Area G including Under both deepening alternatives, organizations, and agencies to review issues with inappropriately remediated dredged material is expected to be and comment on the Draft EIS/EIR. All nitrate salt-bearing waste, corrective placed at one or more permitted and interested parties should respond to this actions resulting from the WIPP economically feasible beneficial reuse notice and provide a current address if accident, and federal oversight. The sites. they wish to be notified of the Draft EIS/ Board will then receive testimony from Purpose and Need: The purpose of the EIR circulation. Phase I study is to evaluate more senior officials from DOE Headquarters and National Nuclear Security efficient deep-draft navigation via John C. Morrow, incremental deepening of the Western Administration (NNSA) Headquarters Lieutenant Colonel, U.S. Army, District regarding federal oversight of LANL Reach in a manner that minimizes Engineer. adverse environmental effects. A transuranic waste management. After a [FR Doc. 2016–04758 Filed 3–3–16; 8:45 am] brief recess, the Board will receive potential subsequent Phase II BILLING CODE 3720–58–P multipurpose project involving testimony from DOE and NNSA Los deepening and ecosystem restoration in Alamos Field Office leadership as well both the Western and Eastern Reaches as LANL leadership regarding technical DEFENSE NUCLEAR FACILITIES resolution of safety issues. Following will also be discussed SAFETY BOARD programmatically. The purpose of Phase the public comment period, the hearing will conclude with statements from II is also to evaluate efficient deep-draft Sunshine Act Notice navigation and beneficial use senior officials from DOE and NNSA as opportunities using material generated AGENCY: Defense Nuclear Facilities well as the Board Chairman. The public from the deepening project. The need Safety Board. hearing portion of this proceeding is for the Phase I and Phase II studies is ACTION: Notice of Public Hearing. authorized by 42 U.S.C. 2286b. to address vessel restrictions imposed FOR MORE INFORMATION CONTACT: Mark SUMMARY: Pursuant to the provisions of by the existing channel depths, which Welch, General Manager, Defense the Government in the Sunshine Act (5 are inadequate to accommodate vessels Nuclear Facilities Safety Board, 625 U.S.C. 552b), notice is hereby given of with drafts exceeding ¥35 feet MLLW. Indiana Avenue NW., Suite 700, Issues: The detailed environmental the Defense Nuclear Facilities Safety Washington, DC 20004–2901, (800) 788– analysis will consider the effect of Board’s (Board) public hearing 4016. maintaining or deepening the Western described below. The Board invites any SUPPLEMENTARY INFORMATION: Public Reach on biological resources, interested persons or groups to present participation in the hearing is invited sediments, air quality, greenhouse gas any comments, technical information, or during the public comment period of emissions, climate change, water data concerning safety issues related to the agenda. The Board is setting aside quality, geology, sediments, hydraulics the matters to be considered. time for presentations and comments and hydrology, hazards, noise, utilities, DATES: Session I: 5:00 p.m.–6:30 p.m., from the public. Persons interested in navigation, environmental justice, Session II: 6:45 p.m.–9:00 p.m., March speaking during the public comment transportation, land use, cultural and 22, 2016. period are encouraged to pre-register by historic resources, aesthetics, recreation, PLACE: Santa Fe Community Convention submitting a request in writing to the and socioeconomic effects, as well as Center, 201 West Marcy Street, Santa Fe, Board’s address listed above or by cumulative impacts and other specific New Mexico 87501. Parking will be telephone to the Office of the General potential environmental issues of available at no cost. Counsel at (202) 694–7062 prior to close concern. Where existing information is STATUS: Open. The Board has of business on March 18, 2016. The sufficiently available, the EIS/EIR will determined that an open hearing Board asks that commenters describe also consider the effects of both phases. furthers the public interests underlying the nature and scope of their oral

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presentations. Those who pre-register Catalog of Federal Domestic especially for minority and low-income will be scheduled to speak first. Assistance (CFDA) Number: 84.031C. students, through various policy Individual oral comments may be DATES: initiatives. This competition specifically limited by the time available, depending Applications Available: March 4, acknowledges the importance of on the number of persons who register. 2016. student-centered programs that will At the beginning of the hearing, the Deadline for Transmittal of increase the number of Hispanic and Board will post a list of speakers at the Applications: May 3, 2016. low-income students who graduate with entrance to the hearing room. Anyone Deadline for Intergovernmental degrees in STEM fields, as well as the who wishes to comment or provide Review: July 5, 2016. need to promote strong articulation and technical information or data may do so Full Text of Announcement transfer models, leading to more transfer in writing, either in lieu of, or in students attaining STEM field degrees. addition to, making an oral I. Funding Opportunity Description In recent years, the Department has presentation. The Board Members may Purpose of Program: The Hispanic- emphasized the importance of question presenters to the extent Serving Institutions STEM and promoting evidence-based practices deemed appropriate. Public Articulation Program supports eligible through our grant competitions. In an participation in the hearing will be Hispanic-Serving institutions (as effort to focus on promising strategies subject to the participation criteria defined in section 502 of the Higher that have been the subject of research posted on the Board’s Web site with the Education Act of 1965, as amended and evaluation as a way to enhance the hearing agenda. Written comments and (HEA) (20 U.S.C. 1101a)) (HSIs) in effectiveness of work supported by documents will be accepted at the developing and carrying out activities funded applicants with Federal dollars, hearing or may be sent to the Board’s described in section 503(b) of the HEA and to improve outcomes for students Washington, DC, office. The Board will (20 U.S.C. 1101b(b)) to increase the participating in our programs, we have hold the hearing record open until April number of Hispanic and low-income included competitive preference 22, 2016, for the receipt of additional students attaining degrees in the fields priorities encouraging applicants to materials. of science, technology, engineering, and model their proposed projects on The hearing will be presented live math (STEM). evidence-based strategies. For through Internet video streaming. A link Background: Given the growth in the applicants that address a competitive to the presentation will be available on Hispanic population, taking steps to preference priority, we award one the Board’s Web site (www.dnfsb.gov). A increase the number of Hispanic additional point if the activities or transcript of the hearing, along with a students with STEM credentials is strategies are supported by a study that DVD video recording, will be made critical to the future workforce and meets the evidence of promise standard available by the Board for inspection economy of the United States. Data from or three additional points if the and viewing by the public at the Board’s the U.S. Bureau of Labor Statistics 1 activities or strategies are supported by Washington office and at the project that jobs in occupations related a study (or studies) that meet the Department of Energy’s (DOE) public to STEM will grow to more than nine moderate evidence of effectiveness reading room at the DOE Federal million between 2012 and 2022. This standard. Building, 1000 Independence Avenue represents an increase of about one Applicants must demonstrate that the SW., Washington, DC 20585. The Board million jobs over 2012 employment research cited is relevant to the specifically reserves its right to further levels. Additionally, the U.S. Census proposed project activities or strategies. schedule and otherwise regulate the Bureau reports that Latinos accounted In assessing the relevance of the course of the hearing, to recess, for just 6.5 percent of the STEM research cited to the proposed project, reconvene, postpone, or adjourn the workforce in 2011, even though they the Secretary will consider, among other hearing, conduct further reviews, and made up about 17 percent of the U.S. factors, the portion of the requested otherwise exercise its authority under population. The number of Hispanic funds that will be dedicated to the the Atomic Energy Act of 1954, as students graduating with a evidence-based strategies or activities. amended. postsecondary degree has increased in In addition, in an effort to help generate recent years; however, these students evidence about effective intervention Dated: March 1, 2016. continue to be significantly strategies and best practices that lead to Joyce L. Connery, underrepresented in the total number of increased completion rates at two- and Chairman. students earning STEM credentials. In four-year HSIs, particularly for STEM [FR Doc. 2016–04928 Filed 3–2–16; 11:15 am] 2013 Hispanic students accounted for credentials, we have included a BILLING CODE 3670–01–P nine percent of students earning STEM selection criterion awarding additional degrees and certificates, with the points for applications that propose majority of such Hispanic students rigorous evaluation methods for their DEPARTMENT OF EDUCATION coming from HSIs.2 proposed projects. These data demonstrate the need for Priorities: In accordance with 34 CFR Applications for New Awards; comprehensive support programs that 75.105(b)(2)(v), Absolute Priority 1 is Hispanic-Serving Institutions STEM promote educational opportunities in from the list of authorized activities in and Articulation Program STEM fields for Hispanics. The the statute (see section 503(b)(5) of the HEA (20 U.S.C. 1101b(b)(5)). In AGENCY: Office of Postsecondary Department has promoted college retention, affordability, and completion, accordance with 34 CFR Education, Department of Education. 75.105(b)(2)(iv), Absolute Priority 2 is ACTION: Notice. 1 Vilorio, D. (2014, March). STEM 101: Intro to from section 371(b)(2)(B) of the HEA (20 tomorrow’s jobs. Occupational Outlook Quarterly. U.S.C. 1067q(b)(2)(B)). In accordance Overview Information Retrieved from www.bls.gov/careeroutlook/2014/ with 34 CFR 75.105(b)(2)(ii), the Hispanic-Serving Institutions STEM spring/art01.pdf. competitive preference priorities are 2 Excelencia in Education. (2015). Finding Your and Articulation Program Workforce: Latinos in Science, Technology, from 34 CFR 75.226. Notice inviting applications for new Engineering, and Math (STEM). Washington, DC: Absolute Priorities: For FY 2016 and awards for fiscal year (FY) 2016. Excelencia in Education. any subsequent year in which we make

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awards from the list of unfunded Evidence of promise means there is receive the process, product, strategy, or applications from this competition, empirical evidence to support the practice. these priorities are absolute priorities. theoretical linkage(s) between at least (ii) There is at least one study of the Under 34 CFR 75.105(c)(3), we consider one critical component and at least one effectiveness of the process, product, only applications that meet both relevant outcome presented in the logic strategy, or practice being proposed that priorities. model for the proposed process, meets the What Works Clearinghouse These priorities are: product, strategy, or practice. Evidence Standards with reservations, Specifically, evidence of promise means found a statistically significant favorable Absolute Priority 1 the conditions in both paragraphs (i) impact on a relevant outcome (with no An application that proposes to and (ii) of this definition are met: statistically significant and overriding develop or enhance tutoring, (i) There is at least one study that is unfavorable impacts on that outcome for counseling, and student service a— relevant populations in the study or in programs designed to improve academic (A) Correlational study with statistical other studies of the intervention success, including innovative and controls for selection bias; reviewed by and reported on by the customized instruction courses (which (B) Quasi-experimental design study What Works Clearinghouse), includes a may include remedial education and that meets the What Works sample that overlaps with the English language instruction) designed Clearinghouse Evidence Standards with populations or settings proposed to to help retain students and move the reservations; or receive the process, product, strategy, or students rapidly into core courses and (C) Randomized controlled trial that practice, and includes a large sample through program completion. meets the What Works Clearinghouse and a multi-site sample. Evidence Standards with or without Absolute Priority 2 reservations. Note: Multiple studies can cumulatively (ii) The study referenced in paragraph meet the large and multi-site sample An application that proposes (i) of this definition found a statistically requirements as long as each study meets the activities to increase the number of other requirements in this paragraph. significant or substantively important Hispanic and other low-income students (defined as a difference of 0.25 standard Multi-site sample means more than attaining degrees in the STEM fields and deviations or larger), favorable one site, where site can be defined as a proposes to develop model transfer and association between at least one critical local educational agency, locality, or articulation agreements between two- component and one relevant outcome State. year HSIs and four-year institutions in presented in the logic model for the Quasi-experimental design study STEM fields. proposed process, product, strategy, or means a study using a design that Competitive Preference Priorities: For practice. attempts to approximate an FY 2016 and any subsequent year in Logic model (also referred to as theory experimental design by identifying a which we make awards from the list of of action) means a well-specified comparison group that is similar to the unfunded applications from this conceptual framework that identifies treatment group in important respects. competition, these priorities are key components of the proposed These studies, depending on design and competitive preference priorities. Under process, product, strategy, or practice implementation, can meet What Works 34 CFR 75.105(c)(2)(i), we award one (i.e., the active ‘‘ingredients’’ that are Clearinghouse Evidence Standards with additional point to an application that hypothesized to be critical to achieving reservations (but not What Works meets Competitive Preference Priority 1 the relevant outcomes) and describes Clearinghouse Evidence Standards and three additional points to an the relationships among the key without reservations). application that meets Competitive components and outcomes, theoretically Randomized controlled trial means a Preference Priority 2. Applicants may and operationally. study that employs random assignment address only one of the competitive Note: In developing logic models, of, for example, students, teachers, preference priorities and must clearly classrooms, schools, or districts to indicate in their application which applicants may want to use resources such as the Pacific Education Laboratory’s Education receive the intervention being evaluated competitive preference priority they are Logic Model Application (the treatment group) or not to receive addressing. Applicants that address (www.relpacific.mcrel.org/PERR.html or the intervention (the control group). The Competitive Preference Priority 2, but http://files.eric.ed.gov/fulltext/ED544779.pdf) estimated effectiveness of the whose applications do not meet the to help design their logic model. intervention is the difference between moderate evidence of effectiveness Moderate evidence of effectiveness the average outcome for the treatment standard, may still be considered under means one of the following conditions group and for the control group. These Competitive Preference Priority 1 to is met: studies, depending on design and determine whether their applications (i) There is at least one study of the implementation, can meet What Works meet the evidence of promise standard. effectiveness of the process, product, Clearinghouse Evidence Standards These priorities are: strategy, or practices being proposed without reservations. Competitive Preference Priority 1. that meets the What Works Relevant outcome means the student (One additional point) Applications Clearinghouse Evidence Standards outcome(s) (or the ultimate outcome if supported by evidence of effectiveness without reservations, found a not related to students) the proposed that meets the conditions set out in the statistically significant favorable impact process, product, strategy, or practice is definition of ‘‘evidence of promise.’’ on a relevant outcome (with no designed to improve; consistent with Competitive Preference Priority 2. statistically significant and overriding the specific goals of a program. (Three additional points) Applications unfavorable impacts on that outcome for Strong theory means a rationale for supported by evidence of effectiveness relevant populations in the study or in the proposed process, product, strategy, that meets the conditions set out in the other studies of the intervention or practice that includes a logic model. definition of ‘‘moderate evidence of reviewed by and reported on by the What Works Clearinghouse Evidence effectiveness.’’ What Works Clearinghouse), and Standards means the standards set forth Definitions: These definitions are includes a sample that overlaps with the in the What Works Clearinghouse from 34 CFR 77.1. populations or settings proposed to Procedures and Standards Handbook

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(Version 3.0, March 2014), which can be that are low, per full-time equivalent that it meets the requirement for 25 found at the following link: http:// (FTE) undergraduate student, in percent Hispanic enrollment is also not ies.ed.gov/ncee/wwc/ comparison with the average eligible to apply for a grant. DocumentSum.aspx?sid=19. educational and general expenditures (b) An eligible HSI that submits Program Authority: 20 U.S.C. per FTE undergraduate student of multiple applications may only be 1067q(b)(2)(B). institutions that offer similar instruction awarded one grant. (section 502(a)(2)(A)(ii) of the HEA; 20 2. Cost Sharing or Matching: This Although the HSI STEM and U.S.C. 1101a(a)(2)(A)(ii)); program does not require cost sharing or Articulation Program authorized under matching unless the grantee uses a section 371 of the HEA is not part of the Note: The notice announcing the FY 2016 process for designation of eligible portion of its grant for establishing or Developing HSIs Program authorized by improving an endowment fund. If a title V of the HEA, the eligibility and institutions, and inviting applications for waiver of eligibility requirements, was grantee uses a portion of its grant for activity provisions under the published in the Federal Register on endowment fund purposes, it must Developing HSIs Program apply to the November 19, 2015 (80 FR 72422). Only match those grant funds with non- HSI STEM and Articulation Program institutions that the Department determines Federal funds (section 503(c)(2) of the pursuant to section 371(a)(2) and are eligible, or are granted a waiver, may HEA; 20 U.S.C. 1101b(c)(2)). (b)(2)(B) of the HEA. apply for a grant in this program. IV. Application and Submission Applicable Regulations: (a) The (iii) Be accredited by a nationally Information Education Department General recognized accrediting agency or Administrative Regulations in 34 CFR association that the Secretary has 1. Address to Request for Application parts 75, 77, 79, 82, 84, 86, 97, 98, and determined to be a reliable authority as Package: Everardo Gil or Jeffrey 99. (b) The Office of Management and to the quality of education or training Hartman, Office of Postsecondary Budget Guidelines to Agencies on offered, or making reasonable progress Education, U.S. Department of Governmentwide Debarment and toward accreditation, according to such Education, 400 Maryland Avenue SW., Suspension (Nonprocurement) in 2 CFR an agency or association (section Room 7E311, Washington, DC 20202. part 180, as adopted and amended as 502(a)(2)(A)(iv) of the HEA; 20 U.S.C. Telephone: (202) 219–7000 or (202) regulations of the Department in 2 CFR 1101a(a)(2)(A)(iv)); 502–7607 or by email: Everardo.Gil@ part 3485 (c) The Uniform (iv) Be legally authorized to provide, ed.gov or [email protected]. Administrative Requirements, Cost and provide within the State, an If you use a telecommunications Principles, and Audit Requirements for educational program for which the device for the deaf (TDD) or a text Federal Awards in 2 CFR part 200, as institution awards a bachelor’s degree, telephone (TTY), call the Federal Relay adopted and amended as regulations of or be a junior or community college Service (FRS), toll free, at 1–800–877– the Department in 2 CFR part 3474. (section 502(a)(2)(A)(iii) of the HEA; 20 8339. Note: The regulations in 34 CFR part 86 U.S.C. 1101a(a)(2)(A)(iii)); and Individuals with disabilities can apply to institutions of higher education (v) Have an enrollment of obtain a copy of the application package (IHEs) only. undergraduate FTE students that is at in an accessible format (e.g., braille, least 25 percent Hispanic students at the large print, audiotape, or compact disc) II. Award Information end of the award year immediately by contacting the program contact Type of Award: Discretionary grants. preceding the date of application person listed in this section. Estimated Available Funds: (section 502(a)(5)(B) of the HEA; 20 2. Content and Form of Application $91,773,000. U.S.C. 1101a(a)(5)(B)). Submission: Requirements concerning the content of an application, together Contingent upon the availability of Note: Institutions that have been identified funds and the quality of applications, as meeting the requirements to be an with the forms you must submit, are in we may make additional awards in FY ‘‘eligible institution’’ for purposes of title V the application package for this 2017 from the list of unfunded of the HEA as described in the Federal program. applications from this competition. Register notice published on November 19, Page Limit: The application narrative Estimated Range of Awards: 2015, including the requirement that it have (Part III of the application) is where you, $700,000–1,200,000. at least 25 percent Hispanic enrollment, do the applicant, address the selection not need to submit any additional eligibility Estimated Average Size of Awards: criteria, the absolute priorities, and the information but must submit a grant competitive preference priorities that $775,000. application. Institutions that have been Estimated Number of Awards: 109. reviewers use to evaluate your identified as meeting the basic requirements application. We have established the to be an eligible institution except for the Note: The Department is not bound by any following mandatory page limits for all estimates in this notice. requirement for 25 percent Hispanic enrollment must submit documentation to applications: Project Period: Up to 60 months. demonstrate that they meet that requirement. • If you are not addressing a competitive preference priority, you III. Eligibility Information The institution must submit either: The data the institution submitted to the Department must limit your application narrative to 1. Eligible Applicants: (a) IHEs that in response to the IPEDS surveys for Fall no more than 50 pages. qualify as eligible HSIs are eligible to 2014 or the data submitted by the institution • If you are addressing one of the apply under the HSI STEM and to the State. See the application package for competitive preference priorities, you Articulation Program. To be an eligible more information regarding eligibility must limit your application narrative to HSI, an IHE must— documentation. no more than 55 pages. (i) Have an enrollment of needy An institution that is required to Please include a separate heading for students, as defined in section 502(b) of submit documentation of its percentage the absolute priorities and for the the HEA (section 502(a)(2)(A)(i) of the of Hispanic student enrollment but does competitive preference priority, if you HEA; 20 U.S.C. 1101a(a)(2)(A)(i)); not do so will not be eligible to apply address one. (ii) Have, except as provided in for a grant. An institution that meets the For the purpose of determining section 522(b) of the HEA, average basic requirements of an eligible compliance with the page limits, each educational and general expenditures institution but does not demonstrate page on which there are words will be

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counted as one full page. Applicants under FOR FURTHER INFORMATION awarded a grant, during the project must use the following standards: CONTACT in section VII of this notice. If period. • A ‘‘page’’ is 8.5″ x 11″, on one side the Department provides an You can obtain a DUNS number from only, with 1″ margins at the top, bottom, accommodation or auxiliary aid to an Dun and Bradstreet at the following and both sides. Page numbers and an individual with a disability in Web site: http://fedgov.dnb.com/ identifier may be within the 1″ margins. connection with the application webform. A DUNS number can be • Double space (no more than three process, the individual’s application created within one to two business days. lines per vertical inch) all text in the remains subject to all other If you are a corporate entity, agency, application narrative, except titles, requirements and limitations in this institution, or organization, you can headings, footnotes, quotations, notice. obtain a TIN from the Internal Revenue references, captions and all text in Deadline for Intergovernmental Service. If you are an individual, you charts, tables, figures, and graphs. These Review: July 5, 2016. can obtain a TIN from the Internal items may be single-spaced. Charts, 4. Intergovernmental Review: This Revenue Service or the Social Security tables, figures, and graphs in the program is subject to Executive Order Administration. If you need a new TIN, application narrative count toward the 12372 and the regulations in 34 CFR please allow two to five weeks for your page limit. part 79. Information about TIN to become active. • Use a font that is either 12 point or Intergovernmental Review of Federal The SAM registration process can take larger, or no smaller than 10 pitch Programs under Executive Order 12372 approximately seven business days, but (characters per inch). However, you may is in the application package for this may take upwards of several weeks, use a 10-point font in charts, tables, program. depending on the completeness and figures, graphs, footnotes, and endnotes. 5. Funding Restrictions: (a) General. accuracy of the data you enter into the • Use one of the following fonts: We reference regulations outlining SAM database. Thus, if you think you Times New Roman, Courier, Courier funding restrictions in the Applicable might want to apply for Federal New, or Arial. An application submitted Regulations section of this notice. financial assistance under a program in any other font (including Times (b) Applicability of Executive Order administered by the Department, please Roman or Arial Narrow) will not be 13202. Applicants that apply for allow sufficient time to obtain and accepted. construction funds under the HSI STEM register your DUNS number and TIN. The page limit applies to all of the and Articulation Program must comply We strongly recommend that you application narrative section, including with Executive Order 13202, as register early. your complete response to the selection amended. This Executive order provides Note: Once your SAM registration is active, criteria, the absolute priorities, and a that recipients of Federal construction it may be 24 to 48 hours before you can competitive preference priority. funds may not ‘‘require or prohibit access the information in, and submit an However, the page limit does not apply bidders, offerors, contractors, or application through, Grants.gov. to Part I, the Application for Federal subcontractors to enter into or adhere to If you are currently registered with Assistance (SF 424); the Department of agreements with one or more labor SAM, you may not need to make any Education Supplemental Information organizations, on the same or other changes. However, please make certain form (SF 424); Part II, Budget construction project(s)’’ or ‘‘otherwise that the TIN associated with your DUNS Information—Non-Construction discriminate against bidders, offerors, number is correct. Also note that you Programs (ED 524) and budget narrative; contractors, or subcontractors for will need to update your registration Part IV, the assurances and becoming or refusing to become or annually. This may take three or more certifications; or the one-page project remain signatories or otherwise to business days. abstract. If you include any attachments adhere to agreements with one or more Information about SAM is available at or appendices not specifically requested labor organizations, on the same or www.SAM.gov. To further assist you in the application package, these items other related construction project(s).’’ with obtaining and registering your will be counted as part of your Projects funded under this program that DUNS number and TIN in SAM or application narrative for purposes of the include construction activity will be updating your existing SAM account, page-limit requirement. provided a copy of this Executive order we have prepared a SAM.gov Tip Sheet, 3. Submission Dates and Times: and will be asked to certify that they which you can find at: www2.ed.gov/ Applications Available: March 4, will adhere to it. fund/grant/apply/sam-faqs.html. 2016. 6. Data Universal Numbering System In addition, if you are submitting your Deadline for Transmittal of Number, Taxpayer Identification application via Grants.gov, you must (1) Applications: May 3, 2016. Number, and System for Award be designated by your organization as an Applications for grants under this Management: To do business with the Authorized Organization Representative program must be submitted Department of Education, you must— (AOR); and (2) register yourself with electronically using the Grants.gov a. Have a Data Universal Numbering Grants.gov as an AOR. Details on these Apply site (Grants.gov). For information System (DUNS) number and a Taxpayer steps are outlined at the following (including dates and times) about how Identification Number (TIN); Grants.gov Web page: www.grants.gov/ to submit your application b. Register both your DUNS number web/grants/register.html. electronically, or in paper format by and TIN with the System for Award 7. Other Submission Requirements: mail or hand delivery, please refer to Management (SAM) (formerly the Applications for grants under the HSI Other Submission Requirements in Central Contractor Registry), the STEM and Articulation Program must section IV of this notice. Government’s primary registrant be submitted electronically unless you We do not consider an application database; qualify for an exception to this that does not comply with the deadline c. Provide your DUNS number and requirement in accordance with the requirements. TIN on your application; and instructions in this section. Individuals with disabilities who d. Maintain an active SAM a. Electronic Submission of need an accommodation or auxiliary aid registration with current information Applications. in connection with the application while your application is under review Applications for grants under the HSI process should contact the person listed by the Department and, if you are STEM and Articulation Program, CFDA

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number 84.031C, must be submitted deadline date to begin the submission email if your application met all the electronically using the process through Grants.gov. Grants.gov validation requirements or if Governmentwide Grants.gov Apply site • You should review and follow the there were any errors (such as at www.Grants.gov. Through this site, Education Submission Procedures for submission of your application by you will be able to download a copy of submitting an application through someone other than a registered the application package, complete it Grants.gov that are included in the Authorized Organization offline, and then upload and submit application package for this competition Representative, or inclusion of an your application. You may not email an to ensure that you submit your attachment with a file name that electronic copy of a grant application to application in a timely manner to the contains special characters). You will be us. Grants.gov system. You can also find the given an opportunity to correct any We will reject your application if you Education Submission Procedures errors and resubmit, but you must still submit it in paper format unless, as pertaining to Grants.gov under News meet the deadline for submission of described elsewhere in this section, you and Events on the Department’s G5 applications. qualify for one of the exceptions to the system home page at www.G5.gov. In Once your application is successfully electronic submission requirement and addition, for specific guidance and validated by Grants.gov, the Department submit, no later than two weeks before procedures for submitting an will retrieve your application from the application deadline date, a written application through Grants.gov, please Grants.gov and send you an email with statement to the Department that you refer to the Grants.gov Web site at: a unique PR/Award number for your qualify for one of these exceptions. www.grants.gov/web/grants/applicants/ application. apply-for-grants.html. These emails do not mean that your Further information regarding • calculation of the date that is two weeks You will not receive additional application is without any disqualifying before the application deadline date is point value because you submit your errors. While your application may have provided later in this section under application in electronic format, nor been successfully validated by Exception to Electronic Submission will we penalize you if you qualify for Grants.gov, it must also meet the Requirement. an exception to the electronic Department’s application requirements submission requirement, as described as specified in this notice and in the You may access the electronic grant elsewhere in this section, and submit application instructions. Disqualifying application for this competition at your application in paper format. errors could include, for instance, www.Grants.gov. You must search for • You must submit all documents failure to upload attachments in a read- the downloadable application package electronically, including all information only, non-modifiable PDF; failure to for this program by the CFDA number. you typically provide on the following submit a required part of the Do not include the CFDA number’s forms: The Application for Federal application; or failure to meet applicant alpha suffix in your search (e.g., search Assistance (SF 424), the Department of eligibility requirements. It is your for 84.031, not 84.031C). Education Supplemental Information for responsibility to ensure that your Please note the following: SF 424, Budget Information—Non- • submitted application has met all of the When you enter the Grants.gov site, Construction Programs (ED 524), and all Department’s requirements. you will find information about necessary assurances and certifications. • We may request that you provide us submitting an application electronically • You must upload any narrative original signatures on forms at a later through the site, as well as the hours of sections and all other attachments to date. operation. your application as files in a read-only, Application Deadline Date Extension • Applications received by Grants.gov non-modifiable Portable Document in Case of Technical Issues with the are date and time stamped. Your Format (PDF) format. Do not upload an Grants.gov System: If you are application must be fully uploaded and interactive or fillable PDF file. If you experiencing problems submitting your submitted and must be date and time upload a file type other than a read- application through Grants.gov, please stamped by the Grants.gov system no only, non-modifiable PDF (e.g., Word, contact the Grants.gov Support Desk, later than 4:30:00 p.m., Washington, DC Excel, WordPerfect, etc.) or submit a toll free, at 1–800–518–4726. You must time, on the application deadline date. password-protected file, we will not obtain a Grants.gov Support Desk Case Except as otherwise noted in this review that material. Please note that Number and must keep a record of it. section, we will not accept your this could result in your application not If you are prevented from application if it is received—that is, date being considered for funding because electronically submitting your and time stamped by the Grants.gov the material in question—for example, application on the application deadline system—after 4:30:00 p.m., Washington, the project narrative—is critical to a date because of technical problems with DC time, on the application deadline meaningful review of your proposal. For the Grants.gov system, we will grant you date. We do not consider an application that reason, it is important to allow an extension until 4:30:00 p.m., that does not comply with the deadline yourself adequate time to upload all Washington, DC time, the following requirements. When we retrieve your material as PDF files. The Department business day to enable you to transmit application from Grants.gov, we will will not convert material from other your application electronically or by notify you if we are rejecting your formats to PDF. hand delivery. You also may mail your application because it was date and time • Your electronic application must application by following the mailing stamped by the Grants.gov system after comply with any page-limit instructions described elsewhere in this 4:30:00 p.m., Washington, DC time, on requirements described in this notice. notice. the application deadline date. • After you electronically submit If you submit an application after • The amount of time it can take to your application, you will receive from 4:30:00 p.m., Washington, DC time, on upload an application will vary Grants.gov an automatic notification of the application deadline date, please depending on a variety of factors, receipt that contains a Grants.gov contact the persons listed under FOR including the size of the application and tracking number. This notification FURTHER INFORMATION CONTACT in the speed of your Internet connection. indicates receipt by Grants.gov only, not section VII of this notice and provide an Therefore, we strongly recommend that receipt by the Department. Grants.gov explanation of the technical problem you do not wait until the application will also notify you automatically by you experienced with Grants.gov, along

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with the Grants.gov Support Desk Case must mail the original and two copies the U.S. Department of Education Number. We will accept your of your application, on or before the Application Control Center at (202) 245– application if we can confirm that a application deadline date, to the 6288. technical problem occurred with the Department at the following address: Grants.gov system and that the problem U.S. Department of Education, V. Application Review Information affected your ability to submit your Application Control Center, Attention: 1. Selection Criteria: The selection application by 4:30:00 p.m., (CFDA Number 84.031C) LBJ Basement criteria for this competition are from 34 Washington, DC time, on the Level 1, 400 Maryland Avenue SW., CFR 75.210. We will award up to 100 application deadline date. We will Washington, DC 20202–4260. points to an application under the contact you after we determine whether You must show proof of mailing selection criteria; the total possible your application will be accepted. consisting of one of the following: points for each selection criterion are Note: The extensions to which we refer in (1) A legibly dated U.S. Postal Service noted in parentheses. this section apply only to the unavailability postmark. (a) Quality of the Project Design. of, or technical problems with, the Grants.gov (2) A legible mail receipt with the (Maximum 30 points) The Secretary system. We will not grant you an extension date of mailing stamped by the U.S. considers the quality of the design of the if you failed to fully register to submit your Postal Service. proposed project. In determining the application to Grants.gov before the (3) A dated shipping label, invoice, or quality of the design of the proposed application deadline date and time or if the receipt from a commercial carrier. project, the Secretary considers the technical problem you experienced is (4) Any other proof of mailing following factors: unrelated to the Grants.gov system. acceptable to the Secretary of the U.S. (1) The extent to which the design of Exception to Electronic Submission Department of Education. the proposed project is appropriate to, Requirement: You qualify for an If you mail your application through and will successfully address, the needs exception to the electronic submission the U.S. Postal Service, we do not of the target population or other requirement, and may submit your accept either of the following as proof identified needs. (Up to 10 points) application in paper format, if you are of mailing: (2) The extent to which the design of unable to submit an application through (1) A private metered postmark. the proposed project includes a the Grants.gov system because— (2) A mail receipt that is not dated by • thorough, high-quality review of the You do not have access to the the U.S. Postal Service. relevant literature, a high-quality plan Internet; or • Note: The U.S. Postal Service does not for project implementation, and the use You do not have the capacity to uniformly provide a dated postmark. Before of appropriate methodological tools to upload large documents to the relying on this method, you should check ensure successful achievement of Grants.gov system; and with your local post office. project objectives. (Up to 5 points) • No later than two weeks before the (3) The extent to which the proposed application deadline date (14 calendar We will not consider applications project is supported by strong theory (as days or, if the fourteenth calendar day postmarked after the application defined in this notice). (Up to 5 points) before the application deadline date deadline date. (4) The extent to which the proposed falls on a Federal holiday, the next c. Submission of Paper Applications project represents an exceptional business day following the Federal by Hand Delivery. approach to the priority or priorities holiday), you mail or fax a written If you qualify for an exception to the established for the competition. (Up to statement to the Department, explaining electronic submission requirement, you 10 points) which of the two grounds for an (or a courier service) may deliver your exception prevents you from using the paper application to the Department by (b) Quality of Project Services. Internet to submit your application. hand. You must deliver the original and (Maximum 20 points) The Secretary If you mail your written statement to two copies of your application by hand, considers the quality of the services to the Department, it must be postmarked on or before the application deadline be provided by the proposed project. In no later than two weeks before the date, to the Department at the following determining the quality of the services application deadline date. If you fax address: U.S. Department of Education, to be provided by the proposed project, your written statement to the Application Control Center, Attention: the Secretary considers the quality and Department, we must receive the faxed (CFDA Number 84.031C), 550 12th sufficiency of strategies for ensuring statement no later than two weeks Street SW., Room 7039, Potomac Center equal access and treatment for eligible before the application deadline date. Plaza, Washington, DC 20202–4260. project participants who are members of Address and mail or fax your The Application Control Center groups that have traditionally been statement to: Everardo Gil or Jeffrey accepts hand deliveries daily between underrepresented based on race, Hartman, Office of Postsecondary 8:00 a.m. and 4:30:00 p.m., Washington, national origin, gender, age, or Education, U.S. Department of DC time, except Saturdays, Sundays, disability. Education, 400 Maryland Avenue SW., and Federal holidays. In addition, the Secretary considers Room 7E311, Washington, DC 20202. Note for Mail or Hand Delivery of Paper the following factors: FAX: (202) 205–0063. Applications: If you mail or hand deliver (1) The extent to which services to be Your paper application must be your application to the Department— provided by the proposed project reflect submitted in accordance with the mail (1) You must indicate on the envelope up-to-date knowledge from research and or hand delivery instructions described and—if not provided by the Department—in effective practice. (Up to 10 points) in this notice. Item 11 of the SF 424 the CFDA number, (2) The likely impact of the services b. Submission of Paper Applications including suffix letter, if any, of the to be provided by the proposed project by Mail. competition under which you are submitting on the intended recipients of those your application; and If you qualify for an exception to the (2) The Application Control Center will services. (Up to 10 points) electronic submission requirement, you mail to you a notification of receipt of your (c) Significance. (Maximum 20 points) may mail (through the U.S. Postal grant application. If you do not receive this The Secretary considers the significance Service or a commercial carrier) your notification within 15 business days from the of the proposed project. In determining application to the Department. You application deadline date, you should call the significance of the proposed project,

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the Secretary considers the following submitted a report of unacceptable 2. Administrative and National Policy factors: quality. Requirements: We identify (1) The potential contribution of the In addition, in making a competitive administrative and national policy proposed project to increased grant award, the Secretary requires requirements in the application package knowledge or understanding of various assurances including those and reference these and other educational problems, issues, or applicable to Federal civil rights laws requirements in the Applicable effective strategies. (Up to 5 points) that prohibit discrimination in programs Regulations section of this notice. (2) The likelihood that the proposed or activities receiving Federal financial We reference the regulations outlining project will result in system change or assistance from the Department of the terms and conditions of an award in improvement. (Up to 15 points) Education (34 CFR 100.4, 104.5, 106.4, the Applicable Regulations section of (d) Quality of the Management Plan. 108.8, and 110.23). this notice and include these and other (Maximum 10 points) The Secretary Awards will be made in rank order specific conditions in the GAN. The considers the quality of the management according to the average score received GAN also incorporates your approved plan for the proposed project. In from an evaluation performed by a application as part of your binding determining the quality of the panel of non-Federal reviewers based on commitments under the grant. management plan for the proposed responses to the selection criteria and, 3. Reporting: (a) If you apply for a project, the Secretary considers the if applicable, the competitive preference grant under this competition, you must following factors: priorities. If an application is scored ensure that you have in place the (1) The adequacy of the management highly, has the possibility of being necessary processes and systems to plan to achieve the objectives of the funded, and includes a response to one comply with the reporting requirements proposed project on time and within of the competitive preference priorities, in 2 CFR part 170 should you receive budget, including clearly defined the Institute of Education Sciences (IES) funding under the competition. This responsibilities, timelines, and will review the studies cited in the does not apply if you have an exception application to determine whether they milestones for accomplishing project under 2 CFR 170.110(b). meet the ‘‘moderate evidence of (b) At the end of your project period, tasks. (Up to 5 points) effectiveness’’ or the ‘‘evidence of you must submit a final performance (2) The extent to which the time promise’’ standard. Only those report, including financial information, commitments of the project director and applications that address a competitive as directed by the Secretary. If you principal investigator and other key preference priority and have the receive a multiyear award, you must personnel are appropriate and adequate possibility of being funded because of submit an annual performance report to meet the objectives of the proposed high scores and available funds for new that provides the most current project. (Up to 5 points) awards will undergo further review by performance and financial expenditure (e) Quality of the Project Evaluation. IES. information as directed by the Secretary (Maximum 20 points) The Secretary under 34 CFR 75.118. The Secretary considers the quality of the evaluation Note: As noted in 34 CFR 75.217, we will may also require more frequent to be conducted of the proposed project. use other information noted in this section to select applications for new grants when two performance reports under 34 CFR In determining the quality of the or more applicants receive the same score in 75.720(c). For specific requirements on evaluation, the Secretary considers the the rank order and the program funds are reporting, please go to www.ed.gov/ following factors: insufficient to fund all applicants with the fund/grant/apply/appforms.html. (1) The extent to which the goals, same cut off score. (c) Under 34 CFR 75.250(b), the objectives, and outcomes to be achieved 3. Risk Assessment and Special Secretary may provide a grantee with by the proposed project are clearly Conditions: Consistent with 2 CFR additional funding for data collection specified and measurable. (Up to 5 200.205, before awarding grants under analysis and reporting. In this case the points) this competition the Department Secretary establishes a data collection (2) The extent to which the methods conducts a review of the risks posed by period. of evaluation are thorough, feasible, and applicants. Under 2 CFR 3474.10, the 4. Performance Measures: The appropriate to the goals, objectives, and Secretary may impose special Secretary has established the following outcomes of the proposed project. (Up conditions and, in appropriate key performance measures for assessing to 5 points) circumstances, high-risk conditions on a the effectiveness of the HSI STEM and (3) The extent to which the methods grant if the applicant or grantee is not Articulation Program: of evaluation will, if well-implemented, financially stable; has a history of a. The percentage change, over the produce evidence about the project’s unsatisfactory performance; has a five-year grant period, of the number of effectiveness that would meet the What financial or other management system Hispanic and low-income full-time Works Clearinghouse Evidence that does not meet the standards in 2 STEM field degree-seeking Standards with reservations. (Up to 10 CFR part 200, subpart D; has not undergraduate students enrolled. points) fulfilled the conditions of a prior grant; b. The percentage of Hispanic and 2. Review and Selection Process: We or is otherwise not responsible. low-income first-time, full-time STEM remind potential applicants that in field degree-seeking undergraduate reviewing applications in any VI. Award Administration Information students who were in their first year of discretionary grant competition, the 1. Award Notices: If your application postsecondary enrollment in the Secretary may consider, under 34 CFR is successful, we notify your U.S. previous year and are enrolled in the 75.217(d)(3), the past performance of the Representative and U.S. Senators and current year who remain in a STEM applicant in carrying out a previous send you a Grant Award Notification field degree/credential program. award, such as the applicant’s use of (GAN); or we may send you an email c. The percentage of Hispanic and funds, achievement of project containing a link to access an electronic low-income first-time, full-time degree- objectives, and compliance with grant version of your GAN. We may notify seeking undergraduate students enrolled conditions. The Secretary may also you informally, also. at four-year HSIs graduating within six consider whether the applicant failed to If your application is not evaluated or years of enrollment with a STEM field submit a timely performance report or not selected for funding, we notify you. degree.

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d. The percentage of Hispanic and Applicants should periodically check Overview Information low-income first-time, full-time degree- the HSI Program Web site for Technical Assistance and seeking undergraduate students enrolled information regarding pre-application Dissemination to Improve Services and at two-year HSIs graduating within three technical assistance workshops and Results for Children with Disabilities years of enrollment with a STEM field webinars. The address is: www.ed.gov/ (TA&D); Personnel Development to degree/credential. programs/idueshsi/index.html. Improve Services and Results for e. The percentage of Hispanic and Children with Disabilities (Personnel low-income students transferring VIII. Other Information Development); and Educational successfully to a four-year institution Accessible Format: Individuals with Technology, Media, and Materials for from a two-year institution and retained disabilities can obtain this document Individuals with Disabilities (ETechM2) in a STEM field major. and a copy of the application package in Programs—Postsecondary Education f. The number of Hispanic and low- an accessible format (e.g., braille, large Center for Individuals who are Deaf or income students participating in grant- print, audiotape, or compact disc) on funded student support programs or Hard of Hearing request to one of the program contact Notice inviting applications for a new services. persons listed under FOR FURTHER g. The percent of Hispanic and low- award for fiscal year (FY) 2016. INFORMATION CONTACT in section VII of Catalog of Federal Domestic income students who participated in this notice. Assistance (CFDA) Number: 84.326D. grant-supported services or programs Electronic Access to This Document: who successfully completed gateway DATES: The official version of this document is Applications Available: March 4, courses. the document published in the Federal h. The percent of Hispanic and low- 2016. Register. Free Internet access to the Deadline for Transmittal of income students who participated in official edition of the Federal Register grant-supported services or programs in Applications: April 18, 2016. and the Code of Federal Regulations is Deadline for Intergovernmental good academic standing. available via the Federal Digital System Review: June 17, 2016. i. The percent of Hispanic and low- at: www.gpo.gov/fdsys. At this site you income STEM field major transfer can view this document, as well as all Full Text of Announcement students on track to complete a STEM other documents of this Department I. Funding Opportunity Description field degree within three years from published in the Federal Register, in Purpose of Program: Funding from their transfer date. text or PDF. To use PDF, you must have three Department of Education j. The percent of Hispanic and low- Adobe Acrobat Reader, which is (Department) programs supports this income students who participated in available free at the site. competition: The TA&D program, the grant-supported services or programs You may also access documents of the Personnel Development program, and and completed a degree or credential. Department published in the Federal 5. Continuation Awards: In making a the ETechM2 program. Register by using the article search continuation award under 34 CFR The purpose of the TA&D program is feature at: www.federalregister.gov. 75.253, the Secretary considers, among to promote academic achievement and Specifically, through the advanced other things: Whether a grantee has to improve results for children with search feature at this site, you can limit made substantial progress in achieving disabilities by providing technical your search to documents published by the goals and objectives of the project; assistance (TA), supporting model the Department. whether the grantee has expended funds demonstration projects, disseminating in a manner that is consistent with its Dated: March 1, 2016. useful information, and implementing approved application and budget; and, Lynn Mahaffie, activities that are supported by if the Secretary has established Deputy Assistant Secretary for Policy, scientifically based research. performance measurement Planning and Innovation Delegated the Duties The purposes of the Personnel requirements, the performance targets in of Assistant Secretary for Postsecondary Development program are to: (1) Help the grantee’s approved application. Education. address State-identified needs for In making a continuation award, the [FR Doc. 2016–04868 Filed 3–3–16; 8:45 am] personnel—in special education, related Secretary also considers whether the BILLING CODE 4000–01–P services, early intervention, and regular grantee is operating in compliance with education—to work with children with the assurances in its approved disabilities; and (2) ensure that those application, including those applicable DEPARTMENT OF EDUCATION personnel have the skills and to Federal civil rights laws that prohibit knowledge—derived from practices that discrimination in programs or activities Applications for New Awards; have been determined through research receiving Federal financial assistance Technical Assistance and and experience to be successful—that from the Department (34 CFR 100.4, Dissemination To Improve Services are needed to serve those children. 104.5, 106.4, 108.8, and 110.23). and Results for Children With Finally, the purposes of the ETechM2 Disabilities; Personnel Development program are to: (1) Improve results for VII. Agency Contacts To Improve Services and Results for children with disabilities by promoting Children With Disabilities; and FOR FURTHER INFORMATION CONTACT: the development, demonstration, and Jeffrey Hartman or Everardo Gil, Office Educational Technology, Media, and use of technology; (2) support of Postsecondary Education, U.S. Materials for Individuals With educational activities designed to be of Department of Education, 400 Maryland Disabilities Programs—Postsecondary educational value in the classroom for Avenue SW., Room 7E311, Washington, Education Center for Individuals Who students with disabilities; (3) provide DC 20202. Telephone: (202) 502–7607 Are Deaf or Hard of Hearing support for captioning and video or (202) 219–7000 or by email: AGENCY: Office of Special Education and description that is appropriate for use in [email protected] or Rehabilitative Services, Department of the classroom; and (4) provide [email protected]. Education. accessible educational materials to If you use a TDD or a TTY, call the students with disabilities in a timely ACTION: Notice. FRS, toll free, at 1–800–877–8339. manner.

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Priority: In accordance with 34 CFR an additional four years’ time (i.e., eight Pursuant to this requirement, in FY 75.105(b)(2)(v), this priority is from years after leaving high school) 2011, the Department’s Office of Special allowable activities specified in the (Newman et al., 2011). Transition Education Programs (OSEP) funded a statute (see sections 662(c)(2), planning teams and adult agencies must national center to support the efforts of 663(c)(8)(C), 674(b) and (c), and 681(d) therefore anticipate the likelihood that postsecondary institutions, working of the Individuals with Disabilities students who are deaf or hard of hearing with other relevant organizations and Education Act (IDEA) (20 U.S.C. 1462, will need an extended time period or public agencies, to more effectively 1463, 1474, and 1481)). long-term services and support to address the postsecondary, vocational, Absolute Priority: For FY 2016 and complete postsecondary education and technical, continuing, and adult any subsequent year in which we make training (Luft, 2014). education needs of students who are awards from the list of unfunded Individuals who are deaf or hard of deaf or hard of hearing, so that a greater applications from this competition, this hearing have unique communication number of these students persist in, and priority is an absolute priority. Under 34 and language barriers that require a complete, college or other CFR 75.105(c)(3), we consider only range of accommodations for success in postsecondary education and training applications that meet this priority. postsecondary education and training programs. The center’s project period is This priority is: settings. Research, policy, and practice scheduled to end on September 30, Postsecondary Education Center for suggest decisions about 2016. OSEP believes postsecondary Individuals who are Deaf or Hard of accommodations should be made on an institutions and other relevant Hearing. individual basis (Cawthon & Leppo, organizations and public agencies Background: 2013; Marschark, 2001; U.S. Department continue to need technical assistance The purpose of this priority is to fund of Education, 2005). and training on how to best support a cooperative agreement to establish and For example, different students who are deaf or hard of operate a Postsecondary Education accommodations are needed for a hearing. For more information about the Center for Individuals who are Deaf or student who has hearing aids or a current center, see www.pepnet.org. Hard of Hearing (Center). The Center cochlear implant and uses oral-auditory Section 504 of the Rehabilitation Act will support postsecondary education strategies, a student with a cochlear of 1973, as amended, and the Americans through its work with institutions, State implant who uses sign language in with Disabilities Act of 1990, as educational agencies (SEAs), local addition to oral-auditory strategies, and amended (ADA), outline postsecondary educational agencies (LEAs), State a student who uses sign language only institutions’ obligations to ensure that vocational rehabilitation (VR) agencies, (Ferrell, Bruce, & Luckner, 2014; they do not discriminate on the basis of VR service providers, and other relevant Marschark, 2001). Postsecondary disability. These obligations include organizations and public agencies, to institutions must be well-informed providing academic adjustments and more effectively address the about relevant requirements and the auxiliary aids and services for students postsecondary, vocational, technical, various accommodations that may be with disabilities (28 CFR 35.160–164; 28 continuing, and adult education appropriate for students who are deaf or CFR 36.303; 34 CFR 104.44). (postsecondary education and training) hard of hearing (e.g., oral transliteration Given that statistics show many needs of individuals who are deaf or services, sign language transliteration, individuals who are deaf or hard of hard of hearing, including those who and sign language interpreting and hearing are enrolling in mainstream have co-occurring disabilities, such as transcription services). postsecondary institutions (Raue & learning and emotional disabilities, and In addition, deaf or hard of hearing Lewis, 2011), and considering the wide those who are English learners. The students who may not pursue range of accommodations that may be Center will foster collaboration among traditional postsecondary education necessary to serve this low-incidence postsecondary institutions, SEAs, LEAs, may need access to appropriate job population, it is paramount that State VR agencies, VR service providers, training or other postsecondary personnel at postsecondary institutions and other relevant organizations and education opportunities. Luft and Huff and training programs have the public agencies to support improved (2011) examined the transition strengths knowledge and skills needed to provide outcomes for deaf or hard of hearing and needs of middle and high school fully accessible learning experiences transition-aged youth. students who were deaf or hard of (Cawthon et al., 2014; Lang, 2002). Although an increasing number of hearing and found substantial deficits in For example, personnel must be individuals who are deaf or hard of their employment and independent skilled at helping to determine hearing are attending postsecondary living skills. To ensure students appropriate accommodations for education and training programs, successfully transition to postsecondary students’ communication needs. literature suggests they have poor rates settings, postsecondary institutions— Personnel must be knowledgeable about of completion, as compared to their along with public agencies such as a variety of interpreting, transcription, non-disabled peers, often due to secondary schools, vocational and note-taking services and remote or inadequate postsecondary skill rehabilitation agencies, community onsite captioning technologies (e.g., C- preparation (Convertino, Marschark, service agencies, centers for Print or Communication Access Real- Sapere, Sarchet, & Zupan, 2009). independent living, and one-stop time Translation (CART)), as well as Newman, Wagner, Cameto, and Knokey centers funded under the Workforce assistive listening devices that may (2009) reported that, based on National Innovation and Opportunity Act—must serve as effective accommodations for Longitudinal Transition Study–2 provide appropriate supports and access some students who are deaf or hard of (NLTS2) data, 72 percent of deaf or hard to relevant resources. hearing (Cawthon, Nichols, & Collier, of hearing students enrolled in Section 682(d)(1)(B) of IDEA requires 2009). With the rapid pace of postsecondary school settings after the Secretary to ensure that, for each technological advancement and the leaving high school. Of these students, fiscal year, not less than $4,000,000 is increasing sophistication of technology, only 15 percent graduated or completed provided to address the postsecondary, it is important for personnel at training within four years. However, vocational, technical, continuing, and postsecondary institutions and other these students’ postsecondary adult education needs of individuals relevant organizations and public completion rates rose to 53 percent with who are deaf or hard of hearing. agencies to stay current on available

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technology and policies to ensure focus of their SSIP work. For success in increase the number of individuals who communication access for their deaf or this area, States will need access to a are deaf or hard of hearing who, without hard of hearing students. center that provides TA to support the requiring remedial coursework, are To address the diverse and complex implementation of their SSIP strategies admitted to, persist in, and complete needs of individuals with disabilities, to improve postsecondary education college or other postsecondary including individuals who are deaf or and training outcomes for students who education and training; hard of hearing and their families, are deaf or hard of hearing. (d) An increased body of knowledge policymakers and other professionals Priority: on how to effectively utilize technology have stressed the importance of The purpose of this priority is to fund to promote access and provide ensuring individuals with disabilities a Center that will support the efforts of accommodations (e.g., high-quality have access to a comprehensive set of postsecondary institutions, SEAs, LEAs, captioning, note-taking, and interpreting services and supports to help them State VR Agencies, VR service services) for individuals who are deaf or develop the skills they will need to providers, and other relevant hard of hearing in postsecondary access and succeed in postsecondary organizations and public agencies, to education and training settings; and education and training settings (Federal more effectively address the (e) Expanded dissemination of lessons Partners in Transition, 2015; National postsecondary, vocational, technical, learned from implementing evidence- Agenda Steering Committee, 2005). continuing, and adult education based practices and strategies to inform Research suggests that better post-school (postsecondary education and training) national, State, and local efforts to outcomes for individuals with needs of individuals who are deaf or improve postsecondary education and disabilities may be linked to strong and hard of hearing, including those who training outcomes for individuals who effective partnerships between agencies have co-occurring disabilities, such as are deaf or hard of hearing. responsible for programs that play a key learning and emotional disabilities, and In addition to these programmatic role in providing services to individuals those who are English learners. requirements, to be considered for with disabilities and their families The Center must achieve, at a funding under this priority, applicants (Federal Partners in Transition, 2015; minimum, the following outcomes: must meet the application and Landmark, Ju, & Zhang, 2010; National (a) Increased numbers of individuals administrative requirements in this Council on Disability, 2008; Test et al., who are deaf or hard of hearing who, priority. OSEP encourages innovative 2009; U.S. Government Accountability without requiring remedial coursework, approaches to meet the following Office, 2011). Currently no single are admitted to, persist in, and complete requirements: system or agency is responsible for college or other postsecondary (a) Demonstrate, in the narrative providing all the necessary supports to education and training programs, section of the application under help individuals with disabilities including adult basic education and ‘‘Significance of the Project,’’ how the develop essential skills. Individuals developmental education programs; proposed project will— with disabilities, including those who (b) Improved collaboration among (1) Address the training and are deaf or hard of hearing, often need postsecondary institutions, SEAs, LEAs, information needs of postsecondary to simultaneously access services from State VR agencies, VR service providers, institutions, SEAs, LEAs, State VR several different agencies to successfully and other relevant organizations and agencies, VR service providers, and meet their needs. Providing support for public agencies so they are more other relevant organizations and public improved interagency collaboration at effective at the following: agencies for better implementing State and local levels may produce (1) Identifying roles, responsibilities, evidence-based practices and strategies better outcomes in postsecondary and procedures for outreach to that will increase the number of education and training for individuals individuals who are deaf or hard of individuals who are deaf or hard of who are deaf or hard of hearing. The hearing and who are interested in hearing who, without remedial Department intends to build on current pursuing postsecondary education and coursework, are admitted to, persist in, efforts to improve outcomes in training, including outreach to and complete college or other postsecondary education and training secondary school students who have postsecondary education and training, for individuals who are deaf or hard identified postsecondary education and including adult basic education and hearing. The Department will fund a TA training goals as part of an developmental education programs. To center dedicated to improving the individualized education program or meet this requirement, the applicant collaboration among postsecondary individualized plan for employment; must— institutions, SEAs, LEAs, State VR (2) Identifying education and (i) Include a project design that is agencies, VR service providers, and employment training opportunities for evidence-based; other relevant organizations and public individuals who are deaf or hard of (ii) Present applicable national and agencies. hearing and who are not college bound; State data demonstrating the training In addition, OSEP has developed a (3) Improving the ability of needs of postsecondary institutions, Results-Driven Accountability (RDA) individuals who are deaf or hard of SEAs, LEAs, State VR agencies, VR system that requires all States to hearing to be effective self-advocates in service providers, and other relevant develop a State Systemic Improvement postsecondary education and training organizations and public agencies for Plan (SSIP) 1 that will incorporate settings; and better implementing evidence-based strategies to produce improved (4) Providing TA and services to practices and strategies that will outcomes for students with disabilities. individuals who are deaf or hard of increase the success of students who are A number of States have identified hearing and their families; deaf or hard of hearing in postsecondary improving post-school outcomes as the (c) Improved capacity of education and training; and postsecondary institutions, SEAs, LEAs, (iii) Identify current issues and policy 1 For more information about the SSIP, see page State VR agencies, VR service providers, initiatives in secondary transition, 18 of the Part B Measurement Table under ‘‘Forms and other relevant organizations and postsecondary education, career and Instructions’’ at www.regulations.gov/#!docket preparation, and employment for Detail; D=ED-2013-ICCD-0047. For more public agencies to implement evidence- information about RDA, see http://www2.ed.gov/ based (as defined in this notice) students who are deaf or hard of about/offices/list/osers/osep/rda/index.html. practices and strategies designed to hearing; and

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(2) Address the current and emerging (3) Be based on current research and (B) Its proposed approach to measure needs of postsecondary institutions, make use of evidence-based practices the readiness of potential TA recipients SEAs, LEAs, State VR agencies, VR and strategies. To meet this to work with the project, assessing, at a service providers, and other relevant requirement, the applicant must minimum, their current infrastructure, organizations and public agencies for describe— available resources, and ability to build better implementing SSIP strategies to (i) The current research on the most capacity at a local level; and improve postsecondary education and effective ways to support students who (iv) Its proposed approach to training outcomes for students who are are deaf or hard of hearing in intensive, sustained TA,4 which must deaf or hard of hearing. postsecondary education and training; identify— (b) Demonstrate, in the narrative (ii) The current research on the use of (A) The intended recipients of the section of the application under adult learning principles and products and services under this ‘‘Quality of the Project Services,’’ how implementation science to inform the approach; the proposed project will— proposed TA; and (B) Its proposed approach to measure (iii) How the proposed project will (1) Ensure equal access and treatment the readiness of postsecondary incorporate both current research for members of groups that have institutions, SEAs, LEAs, State VR identified in paragraphs (3)(i) and (ii) historically been underrepresented Agencies, VR service providers, and and evidence-based practices and based on race, color, national origin, other relevant organizations and public strategies to facilitate the development gender, age, or disability in accessing agencies to work with the project, and delivery of its products and postsecondary education and training. including their commitment to the services; initiative, alignment of the initiative to To meet this requirement, the applicant (4) Develop products, create training must describe how it will— their needs, current infrastructure, modules, and hold meetings to available resources, and ability to build (i) Identify the needs of intended encourage collaborative activities recipients for TA and information; and capacity at the local, district, or State between service providers; level; (ii) Ensure that services and products (5) Provide TA that is of high quality (C) Its proposed plan for assisting meet the needs of the intended and sufficient intensity and duration to postsecondary institutions, SEAs, LEAs, recipients (e.g., by creating materials in achieve the intended outcomes of the State VR Agencies, VR service formats and languages accessible to the proposed project. To address this providers, and other relevant stakeholders served by the intended requirement, the applicant must organizations and public agencies to recipients); describe— (2) Achieve its goals, objectives, and (i) How it proposes to identify and build training systems that include intended outcomes. To meet this increase the number of students who are professional development based on requirement, the applicant must deaf or hard of hearing who, without adult learning principles and coaching; provide— requiring remedial coursework, are and (D) Its proposed plan for working with (i) Measurable intended project admitted to, persist in, and complete students, families, postsecondary outcomes; college or other postsecondary institutions, SEAs, LEAs, State VR (ii) A logic model that depicts, at a education and training; agencies, VR service providers, and minimum, the goals, activities, outputs, (ii) Its proposed approach to other relevant organizations and public and outcomes of the proposed project. A universal, general TA,2 which must agencies at the State and local levels logic model communicates how a identify the intended recipients of the (e.g., TA providers, schools, transition project will achieve its outcomes and products and services under this coordinators, guidance counselors, provides a framework for both the approach; career and technical education formative and summative evaluations of (iii) Its proposed approach to targeted, 3 educators, Department of Labor the project; and specialized TA, which must identify— (A) The intended recipients of the personnel, private industry, (iii) A conceptual framework to postsecondary education develop project plans and activities, products and services under this approach; and professional(s)) to ensure there is describing any underlying concepts, communication between each level and assumptions, expectations, beliefs, or 2 ‘‘Universal, general TA’’ means TA and there are systems in place to effectively theories, as well as the presumed information provided to independent users through address the postsecondary education relationships or linkages among these their own initiative, resulting in minimal and training needs of individuals who interaction with TA center staff and including one- variables, and any empirical support for are deaf or hard of hearing, including this framework; time, invited or offered conference presentations by TA center staff. This category of TA also includes those who have co-occurring Note: Section 77.1(c) of the Education information or products, such as newsletters, disabilities, such as learning and Department General Administrative guidebooks, or research syntheses, downloaded emotional disabilities, and those who Regulations (EDGAR) contains a definition from the TA center’s Web site by independent users. Brief communications by TA center staff with are English learners; and for ‘‘logic model’’ that incorporates the term (6) Develop products and implement ‘‘conceptual framework’’ into that definition. recipients, either by telephone or email, are also considered universal, general TA. In the TA&D Technical Assistance and services that maximize efficiency. To 3 ‘‘Targeted, specialized TA’’ means TA based on address this requirement, the applicant Dissemination program priorities, OSEP has needs common to multiple recipients and not chosen to keep the two concepts separate in extensively individualized. A relationship is must describe— an effort to promote a fuller description of established between the TA recipient and one or both the theory behind the proposed project more TA center staff. This category of TA includes 4 ‘‘Intensive, sustained TA’’ means TA services and how that theory is operationalized in a one-time, labor-intensive events, such as facilitating often provided onsite and requiring a stable, logic model that depicts how the project will strategic planning or hosting regional or national ongoing relationship between the TA center staff work. The following Web sites provide conferences. It can also include episodic, less labor- and the TA recipient. ‘‘TA services’’ are defined as examples for constructing logic models: intensive events that extend over a period of time, a negotiated series of activities designed to reach a such as facilitating a series of conference calls on valued outcome. This category of TA should result www.researchutilization.org/matrix/ _ single or multiple topics that are designed around in changes to policy, program, practice, or logicmodel resource3c.html and the needs of the recipients. Facilitating operations that support increased recipient capacity www.osepideasthatwork.org/logicModel/ communities of practice can also be considered or improved outcomes at one or more systems index.asp. targeted, specialized TA. levels.

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(i) How the proposed project will use samples if appropriate; designing (i) Clearly defined responsibilities for technology to achieve the intended instruments or identifying data sources; key project personnel, consultants, and project outcomes; and identifying analytic strategies); and subcontractors, as appropriate; and (ii) With whom the proposed project (iii) Revise, as needed, the evaluation (ii) Timelines and milestones for will collaborate and the intended plan submitted in the grant application accomplishing the project tasks; outcome of this collaboration; and such that it clearly— (2) Key project personnel and any (iii) How the proposed project will (A) Specifies the measures and consultants and subcontractors will be use non-project resources to achieve the associated instruments or sources for allocated to the project and how these intended project outcomes. data appropriate to the evaluation allocations are appropriate and adequate (c) In the narrative section of the questions, suggests analytic strategies to achieve the project’s intended application under ‘‘Quality of the for those data, provides a timeline for outcomes; Evaluation Plan,’’ include an evaluation conducting the evaluation, and includes (3) The proposed management plan plan for the project as described in the staff assignments for completing the will ensure that the products and following paragraphs. plan; services provided are of high quality; and The evaluation plan must describe (B) Delineates the data expected to be (4) The proposed project will benefit measures of: Progress in available by the end of the second from a diversity of perspectives, implementation, including the extent to project year for use during the project’s including students, families, transition which the project’s products and intensive review for continued funding specialists, career and technical services have reached their target described under the heading Fourth and education professionals, school population; intended outcomes or Fifth Years of the Project; and results of the project’s activities in order guidance counselors, postsecondary (C) Can be used to assist the project to evaluate those activities; and how education professionals, VR counselors, director and the OSEP project officer, well the goals or objectives of the private industry, TA providers, with the assistance of CIPP, as needed, proposed project, as described in its researchers, and policy makers, among to specify the performance measures to logic model, have been met. others, in its development and be addressed in the project’s Annual In designing the evaluation plan, the operation. Performance Report; project must— (f) Address the following application (1) Designate, with the approval of the (2) Cooperate with CIPP staff in order requirements. The applicant must— OSEP project officer, a project liaison to accomplish the tasks described in (1) Include, in Appendix A, a logic staff person with sufficient dedicated paragraph (1) of this section; and model as described in paragraph time, experience in evaluation, and (3) Dedicate sufficient funds in each (b)(2)(ii) of these requirements. knowledge of the project to work in budget year to cover the costs of (2) Include, in Appendix A, a collaboration with the Center to carrying out the tasks described in conceptual framework for the project as Improve Project Performance (CIPP),5 paragraphs (1) and (2) of this section described in paragraph (b)(2)(iii) of the Center’s project director, and the and implementing the evaluation plan. these requirements; OSEP project officer on the following (d) Demonstrate, in the narrative (3) Include, in Appendix A, person- tasks: section of the application under loading charts and timelines as (i) Revise, as needed, the logic model ‘‘Adequacy of Project Resources,’’ applicable, to illustrate the management submitted in the grant application to how— plan described in the narrative; provide for a more comprehensive (1) The proposed project will (4) Include, in the budget, attendance measurement of implementation and encourage applications for employment at the following: outcomes and to reflect any changes or from persons who are members of (i) A one and one-half day kick-off clarifications to the model discussed at groups that have historically been meeting in Washington, DC after receipt the kick-off meeting; underrepresented based on race, color, of the award, and an annual planning (ii) Refine the evaluation design and national origin, gender, age, or meeting in Washington, DC, with the instrumentation proposed in the grant disability, as appropriate; OSEP project officer and other relevant application consistent with the logic (2) The proposed key project staff during each subsequent year of the model (e.g., preparing evaluation personnel, consultants, and project period. Note: Within 30 days of receipt of the questions about significant program subcontractors have the qualifications award, a post-award teleconference processes and outcomes; developing and experience to carry out the must be held between the OSEP project quantitative or qualitative data proposed activities and achieve the officer and the grantee’s project director collections that permit both the project’s intended outcomes; or other authorized representative; collection of progress data, including (3) The applicant and any key (ii) A two and one-half day project fidelity of implementation, as partners have adequate resources to directors’ conference in Washington, DC appropriate, and the assessment of carry out the proposed activities; and during each year of the project period; project outcomes; selecting respondent (4) The proposed costs are reasonable (iii) Two annual two-day trips to in relation to the anticipated results and attend Department briefings, 5 The major tasks of CIPP are to guide, coordinate, benefits. and oversee the design of formative evaluations for Department-sponsored conferences, and every large discretionary investment (i.e., those (e) Demonstrate, in the narrative other meetings, as requested by OSEP; awarded $500,000 or more per year and required to section of the application under and participate in the 3+2 process) in OSEP’s Technical ‘‘Quality of the Management Plan,’’ (iv) A one-day intensive review Assistance and Dissemination; Personnel how— Development; Parent Training and Information meeting in Washington, DC, during the Centers; and Educational Technology, Media, and (1) The proposed management plan last half of the second year of the project Materials programs. The efforts of CIPP are will ensure that the project’s intended period; expected to enhance individual project evaluation outcomes will be achieved on time and (5) Include, in the budget, a line item plans by providing expert and unbiased TA in for an annual set-aside of five percent of designing the evaluations with due consideration of within budget. To address this the project’s budget. CIPP does not function as a requirement, the applicant must the grant amount to support emerging third-party evaluator. describe— needs that are consistent with the

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proposed project’s intended outcomes, (2014). Evidence-based practices for transition predictors for improving post- as those needs are identified in students with sensory impairments school outcomes for students with consultation with OSEP. (Document No. IC–4). Retrieved from disabilities. Career Development for Note: With approval from the OSEP University of Florida, Collaboration for Exceptional Individuals, 32, 160–181. Effective Educator, Development, project officer, the project must U.S. Department of Education, Office for Accountability, and Reform Center. Civil Rights. (2005). Deaf students reallocate any remaining funds from this Landmark, L.J., Ju, S., & Zhang, D. (2010). education services. Retrieved from annual set-aside no later than the end of Substantiated best practices in transition: http://www2.ed.gov/about/offices/list/ the third quarter of each budget period; Fifteen plus years later. Career ocr/docs/hq9806.html. and Development for Exceptional U.S. Government Accountability Office. (6) Maintain a Web site that meets Individuals, 33, 165–176. (2011). Deaf and hard of hearing government or industry-recognized Lang, H.G. (2002). Higher education for deaf children: Federal support for developing standards for accessibility. students: Research priorities in the new language and literacy. Retrieved from Fourth and Fifth Years of the Project: millennium. Journal of Deaf Studies and www.gao.gov/assets/320/318707.pdf. Deaf Education, 7(4), 267–280. In deciding whether to continue Luft, P. (2014). A national survey of Definitions funding the project for the fourth and transition services for deaf and hard of fifth years, the Secretary will consider For the purposes of this priority: hearing. Career Development and Evidence-based means supported by the requirements of 34 CFR 75.253(a), as Transition for Exceptional Individuals, well as— 37(3) 177–192. strong theory. (a) The recommendation of a review Luft, P., & Huff, K. (2011). How prepared are Strong theory means a rationale for team consisting of experts selected by transition-age deaf and hard of hearing the proposed process, product, strategy, the Secretary. This review will be students for adult living? Results of the or practice that includes a logic model. Waiver of Proposed Rulemaking: conducted by OSEP during a one-day Transition Competence Battery. American Annals of the Deaf, 155(5), Under the Administrative Procedure Act intensive meeting that will be held 569–579. (APA) (5 U.S.C. 553) the Department during the last half of the second year Marschark, M. (2001). Language development generally offers interested parties the of the project period; in children who are deaf: A research (b) The timeliness with which, and opportunity to comment on proposed synthesis. Alexandria, VA: National priorities and requirements. Section how well, the requirements of the Association of State Directors of Special 681(d) of IDEA, however, makes the negotiated cooperative agreement have Education. Retrieved from been or are being met by the project; and www.nasdse.org. public comment requirements of the (c) Whether the quality, relevance, National Agenda Steering Committee. (2005). APA inapplicable to the priority in this and usefulness of the project’s products National agenda: Moving forward on notice. and services are aligned with the achieving educational equality for deaf Program Authority: 20 U.S.C. 1462, 1463, and hard of hearing students. Retrieved 1474, 1481, and 1482. project’s objectives and likely to result from www.ndepnow.org/pdfs/national_ in the project achieving its intended Applicable Regulations: (a) EDGAR in agenda.pdf. 34 CFR parts 75, 77, 79, 81, 82, 84, 86, outcomes. National Council on Disability. (2008). The 97, 98, and 99. (b) The Office of References Rehabilitation Act: Outcomes for transition-age youth. Washington, DC: Management and Budget Guidelines to Cawthon, S.W., Garberoglio, C., Caemmerer, Author. Agencies on Governmentwide J.M., Bond, M.P., Leppo, R.H., Newman, L., Wagner, M., Cameto, R., & Debarment and Suspension Schoffstall, S.J., Rainey, J.C., & Hamilton, Knokey, A. M. (2009). The post-high (Nonprocurement) in 2 CFR part 180, as G.A. (2014). Professional preparedness school outcomes of youth with adopted and amended as regulations of and perspectives on transition for disabilities up to 4 years after high the Department in 2 CFR part 3485. (c) individuals who are deaf or hard of school: A report from the National The Uniform Administrative hearing. Career Development and Longitudinal Transition Study-2 Requirements, Cost Principles, and Transition for Exceptional Individuals. (NLTS2). Menlo Park, CA: SRI Retrieved from http://cde.sagepub.com/ International. Retrieved from Audit Requirements for Federal Awards content/early/2014/10/16/ www.nlts2.org/reports/2009_04/nlts2_ in 2 CFR part 200, as adopted and 2165143414553025.full.pdf+html. report_2009_04_complete.pdf. amended as regulations of the Cawthon, S.W., & Leppo, R. (2013). Newman, L., Wagner, M., Knokey, A.M., Department in 2 CFR part 3474. Accommodations quality for students Marder, C., Nagle, K., Shaver, D., Wei, Note: The regulations in 34 CFR part 79 who are deaf or hard of hearing. X., with Cameto, R., Contreras, E., apply to all applicants except federally American Annals of the Deaf, 158, 438– Ferguson, K., Greene, S., & Schwarting, recognized Indian tribes. 452. M. (2011). The post-high school Cawthon, S.W., Nichols, S.K., & Collier, M. outcomes of young adults with Note: The regulations in 34 CFR part 86 (2009). Facilitating access: What disabilities up to 8 years after high apply to institutions of higher education information do Texas postsecondary school. A report from the National (IHEs) only. institutions provide on accommodations Longitudinal Transition Study-2 and services for students who are deaf or (NLTS2) (NCSER 2011–3005). Menlo II. Award Information hard of hearing? American Annals of the Park, CA: SRI International. Retrieved Deaf, 155(5), 450–460. from http://nlts2.org/reports/2011_09_ Type of Award: Cooperative Convertino, C.M., Marschark, M., Sapere, P., 02/nlts2_report_2011_09_02_ agreement. Sarchet, T., & Zupan, M. (2009). complete.pdf. Estimated Available Funds: Three Predicting academic success among deaf Raue, K., & Lewis, L. (2011). Students with programs plan to make available a total college students. Journal of Deaf Studies disabilities at degree-granting of $4,000,000 for this competition: and Deaf Education, 14(3), 324–343. postsecondary institutions (NCES 2011– $1,300,000 from the TA&D program; Federal Partners in Transition Strategic 018). Washington, DC: National Center $1,700,000 from the Personnel Planning Committee. (2015). The 2020 for Education Statistics, Institute of Federal youth transition plan: A Federal Education Sciences, U.S. Department of Development program; and $1,000,000 interagency strategy. Washington, DC: Education. from the ETechM2 program. U.S. Department of Labor, Office of Test, D.W., Mazzotti, V.L., Mustian, A.L., Contingent upon the availability of Disability Employment Policy. Fowler, C.H., Kortering, L.J., & Kohler, funds and the quality of applications, Ferrell, K.A., Bruce, S., & Luckner, J. L. P.H. (2009). Evidence-based secondary we may make additional awards in FY

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2017 from the list of unfunded IV. Application and Submission guidance provided in the application applications from this competition. Information package for completing the abstract), the Maximum Award: We will reject any 1. Address to Request Application table of contents, the list of priority application that proposes a budget Package: You can obtain an application requirements, the resumes, the reference exceeding $4,000,000 or the individual package via the Internet or from the list, the letters of support, or the program budget amounts described in Education Publications Center (ED appendices. However, the page limit the note below for a single budget Pubs). To obtain a copy via the Internet, and double-spacing requirements do period of 12 months. use the following address: www.ed.gov/ apply to all of Part III, the application Note: In each budget period of 12 months, fund/grant/apply/grantapps/index.html. narrative, including all text in charts, $1,300,000 must be budgeted under the To obtain a copy from ED Pubs, write, tables, figures, graphs, and screen shots. TA&D program (consistent with section fax, or call: ED Pubs, U.S. Department We will reject your application if you 663(c)(8)(C) of IDEA); $1,700,000 must be of Education, P.O. Box 22207, exceed the page limit in the application budgeted under the Personnel Development Alexandria, VA 22304. Telephone, toll narrative section or if you apply program (consistent with section 662(c)(2) of standards other than those specified in IDEA); and $1,000,000 must be budgeted free: 1–877–433–7827. FAX: (703) 605– 6794. If you use a telecommunications this notice and the application package. under the ETechM2 program (consistent with 3. Submission Dates and Times: section 674(b) of IDEA). device for the deaf (TDD) or a text telephone (TTY), call, toll free: 1–877– Applications Available: March 4, Estimated Number of Awards: 1. 576–7734. 2016. Note: The Department is not bound by any You can contact ED Pubs at its Web Deadline for Transmittal of estimates in this notice. site, also: www.EDPubs.gov or at its Applications: April 18, 2016. Project Period: Up to 36 months with email address: [email protected]. Applications for grants under this an optional additional 24 months based If you request an application package competition must be submitted on performance. Applications must from ED Pubs, be sure to identify this electronically using the Grants.gov include plans for both the 36-month competition as follows: CFDA number Apply site (Grants.gov). For information award and the 24-month extension. 84.326D. (including dates and times) about how Individuals with disabilities can to submit your application III. Eligibility Information obtain a copy of the application package electronically, or in paper format by 1. Eligible Applicants: SEAs; LEAs, in an accessible format (e.g., braille, mail or hand delivery if you qualify for including public charter schools that are large print, audiotape, or compact disc) an exception to the electronic considered LEAs under State law; IHEs; by contacting the person or team listed submission requirement, please refer to other public agencies; private nonprofit under Accessible Format in section VIII Other Submission Requirements in organizations; freely associated States of this notice. section IV of this notice. and outlying areas; Indian tribes or 2. Content and Form of Application We do not consider an application tribal organizations; and for-profit Submission: Requirements concerning that does not comply with the deadline organizations. the content of an application, together requirements. 2. Cost Sharing or Matching: This with the forms you must submit, are in Individuals with disabilities who program does not require cost sharing or the application package for this need an accommodation or auxiliary aid matching. competition. in connection with the application 3. Eligible Subgrantees: (a) Under 34 Page Limit: The application narrative process should contact the person listed CFR 75.708(b) and (c) a grantee may (Part III of the application) is where you, under FOR FURTHER INFORMATION award subgrants—to directly carry out the applicant, address the selection CONTACT in section VII of this notice. If project activities described in its criteria that reviewers use to evaluate the Department provides an application—to the following types of your application. You must limit Part III accommodation or auxiliary aid to an entities: SEAs; LEAs, including public to no more than 70 pages, using the individual with a disability in charter schools that are considered following standards: connection with the application LEAs under State law; IHEs; other • A ‘‘page’’ is 8.5″ x 11″, on one side process, the individual’s application public agencies; private nonprofit only, with 1″ margins at the top, bottom, remains subject to all other organizations; freely associated States and both sides. requirements and limitations in this and outlying areas; Indian tribes or • Double-space (no more than three notice. tribal organizations; and for-profit lines per vertical inch) all text in the Deadline for Intergovernmental organizations. application narrative, including titles, Review: June 17, 2016. (b) The grantee may award subgrants headings, footnotes, quotations, 4. Intergovernmental Review: This to entities it has identified in an reference citations, and captions, as well competition is subject to Executive approved application. as all text in charts, tables, figures, Order 12372 and the regulations in 34 4. Other General Requirements: (a) graphs, and screen shots. CFR part 79. Information about Recipients of funding under this • Use a font that is 12 point or larger. Intergovernmental Review of Federal competition must make positive efforts • Use one of the following fonts: Programs under Executive Order 12372 to employ and advance in employment Times New Roman, Courier, Courier is in the application package for this qualified individuals with disabilities New, or Arial. An application submitted program. (see section 606 of IDEA). in any other font (including Times 5. Funding Restrictions: We reference (b) Each applicant for, and recipient Roman or Arial Narrow) will not be regulations outlining funding of, funding under this program must accepted. restrictions in the Applicable involve individuals with disabilities, or The page limit and double-spacing Regulations section of this notice. parents of individuals with disabilities requirements do not apply to Part I, the 6. Data Universal Numbering System ages birth through 26, in planning, cover sheet; Part II, the budget section, Number, Taxpayer Identification implementing, and evaluating the including the narrative budget Number, and System for Award project (see section 682(a)(1)(A) of justification; Part IV, the assurances and Management: To do business with the IDEA). certifications; or the abstract (follow the Department of Education, you must—

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a. Have a Data Universal Numbering (AOR); and (2) register yourself with and time stamped by the Grants.gov System (DUNS) number and a Taxpayer Grants.gov as an AOR. Details on these system—after 4:30:00 p.m., Washington, Identification Number (TIN); steps are outlined at the following DC time, on the application deadline b. Register both your DUNS number Grants.gov Web page: www.grants.gov/ date. We do not consider an application and TIN with the System for Award web/grants/register.html. that does not comply with the deadline Management (SAM) (formerly the 7. Other Submission Requirements: requirements. When we retrieve your Central Contractor Registry), the Applications for grants under this application from Grants.gov, we will Government’s primary registrant competition must be submitted notify you if we are rejecting your database; electronically unless you qualify for an application because it was date and time c. Provide your DUNS number and exception to this requirement in stamped by the Grants.gov system after TIN on your application; and accordance with the instructions in this 4:30:00 p.m., Washington, DC time, on d. Maintain an active SAM section. the application deadline date. registration with current information a. Electronic Submission of • The amount of time it can take to while your application is under review Applications. upload an application will vary by the Department and, if you are Applications for grants under the depending on a variety of factors, awarded a grant, during the project Postsecondary Education Center for including the size of the application and period. Individuals who are Deaf or Hard of the speed of your Internet connection. You can obtain a DUNS number from Hearing competition, CFDA number Therefore, we strongly recommend that Dun and Bradstreet at the following 84.326D, must be submitted you do not wait until the application Web site: http://fedgov.dnb.com/ electronically using the deadline date to begin the submission webform. A DUNS number can be Governmentwide Grants.gov Apply site process through Grants.gov. • created within one to two business days. at www.Grants.gov. Through this site, You should review and follow the If you are a corporate entity, agency, you will be able to download a copy of Education Submission Procedures for institution, or organization, you can the application package, complete it submitting an application through obtain a TIN from the Internal Revenue offline, and then upload and submit Grants.gov that are included in the Service. If you are an individual, you your application. You may not email an application package for this competition can obtain a TIN from the Internal electronic copy of a grant application to to ensure that you submit your Revenue Service or the Social Security us. application in a timely manner to the Administration. If you need a new TIN, We will reject your application if you Grants.gov system. You can also find the please allow two to five weeks for your submit it in paper format unless, as Education Submission Procedures TIN to become active. described elsewhere in this section, you pertaining to Grants.gov under News The SAM registration process can take qualify for one of the exceptions to the and Events on the Department’s G5 approximately seven business days, but electronic submission requirement and system home page at www.G5.gov. In may take upwards of several weeks, submit, no later than two weeks before addition, for specific guidance and depending on the completeness and the application deadline date, a written procedures for submitting an accuracy of the data you enter into the statement to the Department that you application through Grants.gov, please SAM database. Thus, if you think you qualify for one of these exceptions. refer to the Grants.gov Web site at: might want to apply for Federal Further information regarding www.grants.gov/web/grants/applicants/ financial assistance under a program calculation of the date that is two weeks apply-for-grants.html. • You will not receive additional administered by the Department, please before the application deadline date is point value because you submit your allow sufficient time to obtain and provided later in this section under application in electronic format, nor register your DUNS number and TIN. Exception to Electronic Submission will we penalize you if you qualify for We strongly recommend that you Requirement. an exception to the electronic register early. You may access the electronic grant application for the Postsecondary submission requirement, as described Note: Once your SAM registration is active, Education Center for Individuals who elsewhere in this section, and submit it may be 24 to 48 hours before you can are Deaf or Hard of Hearing competition your application in paper format. access the information in, and submit an at www.Grants.gov. You must search for • You must submit all documents application through, Grants.gov. the downloadable application package electronically, including all information If you are currently registered with for this competition by the CFDA you typically provide on the following SAM, you may not need to make any number. Do not include the CFDA forms: The Application for Federal changes. However, please make certain number’s alpha suffix in your search Assistance (SF 424), the Department of that the TIN associated with your DUNS (e.g., search for 84.326, not 84.326D). Education Supplemental Information for number is correct. Also note that you Please note the following: SF 424, Budget Information—Non- will need to update your registration • When you enter the Grants.gov site, Construction Programs (ED 524), and all annually. This may take three or more you will find information about necessary assurances and certifications. business days. submitting an application electronically • You must upload any narrative Information about SAM is available at through the site, as well as the hours of sections and all other attachments to www.SAM.gov. To further assist you operation. your application as files in a read-only, with obtaining and registering your • Applications received by Grants.gov non-modifiable Portable Document DUNS number and TIN in SAM or are date and time stamped. Your Format (PDF). Do not upload an updating your existing SAM account, application must be fully uploaded and interactive or fillable PDF file. If you we have prepared a SAM.gov Tip Sheet, submitted and must be date and time upload a file type other than a read- which you can find at: www2.ed.gov/ stamped by the Grants.gov system no only, non-modifiable PDF (e.g., Word, fund/grant/apply/sam-faqs.html. later than 4:30:00 p.m., Washington, DC Excel, WordPerfect, etc.) or submit a In addition, if you are submitting your time, on the application deadline date. password-protected file, we will not application via Grants.gov, you must (1) Except as otherwise noted in this review that material. Please note that be designated by your organization as an section, we will not accept your this could result in your application not Authorized Organization Representative application if it is received—that is, date being considered for funding because

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the material in question—for example, If you are prevented from Department, we must receive the faxed the project narrative—is critical to a electronically submitting your statement no later than two weeks meaningful review of your proposal. For application on the application deadline before the application deadline date. that reason it is important to allow date because of technical problems with Address and mail or fax your yourself adequate time to upload all the Grants.gov system, we will grant you statement to: Louise Tripoli, U.S. material as PDF files. The Department an extension until 4:30:00 p.m., Department of Education, 400 Maryland will not convert material from other Washington, DC time, the following Avenue SW., Room 5132, Potomac formats to PDF. Additional, detailed business day to enable you to transmit Center Plaza, Washington, DC 20202– information on how to attach files is in your application electronically or by 5108. FAX: (202) 245–7590. the application instructions. hand delivery. You also may mail your Your paper application must be • Your electronic application must application by following the mailing submitted in accordance with the mail comply with any page-limit instructions described elsewhere in this or hand delivery instructions described requirements described in this notice. notice. in this notice. • After you electronically submit If you submit an application after b. Submission of Paper Applications your application, you will receive from 4:30:00 p.m., Washington, DC time, on by Mail. Grants.gov an automatic notification of the application deadline date, please If you qualify for an exception to the receipt that contains a Grants.gov contact the person listed under FOR electronic submission requirement, you tracking number. This notification FURTHER INFORMATION CONTACT in may mail (through the U.S. Postal indicates receipt by Grants.gov only, not section VII of this notice and provide an Service or a commercial carrier) your receipt by the Department. Grants.gov explanation of the technical problem application to the Department. You will also notify you automatically by you experienced with Grants.gov, along must mail the original and two copies email if your application met all the with the Grants.gov Support Desk Case of your application, on or before the Grants.gov validation requirements or if Number. We will accept your application deadline date, to the there were any errors (such as application if we can confirm that a Department at the following address: submission of your application by technical problem occurred with the U.S. Department of Education, someone other than a registered Grants.gov system and that the problem Application Control Center, Attention: Authorized Organization affected your ability to submit your (CFDA Number 84.326D), LBJ Basement Representative, or inclusion of an application by 4:30:00 p.m., Level 1, 400 Maryland Avenue SW., attachment with a file name that Washington, DC time, on the Washington, DC 20202–4260. contains special characters). You will be application deadline date. We will You must show proof of mailing given an opportunity to correct any contact you after we determine whether consisting of one of the following: errors and resubmit, but you must still your application will be accepted. (1) A legibly dated U.S. Postal Service meet the deadline for submission of Note: The extensions to which we refer in postmark. applications. (2) A legible mail receipt with the Once your application is successfully this section apply only to the unavailability of, or technical problems with, the Grants.gov date of mailing stamped by the U.S. validated by Grants.gov, the Department system. We will not grant you an extension Postal Service. will retrieve your application from if you failed to fully register to submit your (3) A dated shipping label, invoice, or Grants.gov and send you an email with application to Grants.gov before the receipt from a commercial carrier. a unique PR/Award number for your application deadline date and time or if the (4) Any other proof of mailing technical problem you experienced is application. acceptable to the Secretary of the U.S. These emails do not mean that your unrelated to the Grants.gov system. Department of Education. application is without any disqualifying Exception to Electronic Submission If you mail your application through errors. While your application may have Requirement: You qualify for an the U.S. Postal Service, we do not been successfully validated by exception to the electronic submission accept either of the following as proof Grants.gov, it must also meet the requirement, and may submit your of mailing: Department’s application requirements application in paper format, if you are (1) A private metered postmark. as specified in this notice and in the unable to submit an application through (2) A mail receipt that is not dated by application instructions. Disqualifying the Grants.gov system because— the U.S. Postal Service. errors could include, for instance, • You do not have access to the failure to upload attachments in a read- Internet; or Note: The U.S. Postal Service does not only, non-modifiable PDF; failure to • You do not have the capacity to uniformly provide a dated postmark. Before submit a required part of the upload large documents to the relying on this method, you should check with your local post office. application; or failure to meet applicant Grants.gov system; and eligibility requirements. It is your • No later than two weeks before the We will not consider applications responsibility to ensure that your application deadline date (14 calendar postmarked after the application submitted application has met all of the days or, if the fourteenth calendar day deadline date. Department’s requirements. before the application deadline date c. Submission of Paper Applications • We may request that you provide us falls on a Federal holiday, the next by Hand Delivery. original signatures on forms at a later business day following the Federal If you qualify for an exception to the date. holiday), you mail or fax a written electronic submission requirement, you Application Deadline Date Extension statement to the Department, explaining (or a courier service) may deliver your in Case of Technical Issues with the which of the two grounds for an paper application to the Department by Grants.gov System: If you are exception prevents you from using the hand. You must deliver the original and experiencing problems submitting your Internet to submit your application. two copies of your application by hand, application through Grants.gov, please If you mail your written statement to on or before the application deadline contact the Grants.gov Support Desk, the Department, it must be postmarked date, to the Department at the following toll free, at 1–800–518–4726. You must no later than two weeks before the address: U.S. Department of Education, obtain a Grants.gov Support Desk Case application deadline date. If you fax Application Control Center, Attention: Number and must keep a record of it. your written statement to the (CFDA Number 84.326D), 550 12th

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Street SW., Room 7039, Potomac Center procedure will make it easier for the does not apply if you have an exception Plaza, Washington, DC 20202–4260. Department to find peer reviewers by under 2 CFR 170.110(b). The Application Control Center ensuring that greater numbers of (b) At the end of your project period, accepts hand deliveries daily between individuals who are eligible to serve as you must submit a final performance 8:00 a.m. and 4:30:00 p.m., Washington, reviewers for any particular group of report, including financial information, DC time, except Saturdays, Sundays, applicants will not have conflicts of as directed by the Secretary. If you and Federal holidays. interest. It also will increase the quality, receive a multiyear award, you must Note for Mail or Hand Delivery of Paper independence, and fairness of the submit an annual performance report Applications: If you mail or hand deliver review process, while permitting panel that provides the most current your application to the Department— members to review applications under performance and financial expenditure (1) You must indicate on the envelope discretionary grant competitions for information as directed by the Secretary and—if not provided by the Department—in which they also have submitted under 34 CFR 75.118. The Secretary Item 11 of the SF 424 the CFDA number, applications. However, if the may also require more frequent including suffix letter, if any, of the Department decides to select an equal performance reports under 34 CFR competition under which you are submitting your application; and number of applications in each group 75.720(c). For specific requirements on (2) The Application Control Center will for funding, this may result in different reporting, please go to www.ed.gov/ mail to you a notification of receipt of your cut-off points for fundable applications fund/grant/apply/appforms/ grant application. If you do not receive this in each group. appforms.html. notification within 15 business days from the 4. Risk Assessment and Special (c) Under 34 CFR 75.250(b), the application deadline date, you should call Conditions: Consistent with 2 CFR Secretary may provide a grantee with the U.S. Department of Education 200.205, before awarding grants under additional funding for data collection Application Control Center at (202) 245– this competition the Department analysis and reporting. In this case the 6288. conducts a review of the risks posed by Secretary establishes a data collection period. V. Application Review Information applicants. Under 2 CFR 3474.10, the Secretary may impose special 4. Performance Measures: Under the 1. Selection Criteria: The selection conditions and, in appropriate Government Performance and Results criteria for this competition are from 34 circumstances, high risk conditions on a Act of 1993 (GPRA), the Department has CFR 75.210 and are listed in the grant if the applicant or grantee is not established a set of performance application package. financially stable; has a history of measures, including long-term 2. Review and Selection Process: We unsatisfactory performance; has a measures, that are designed to yield remind potential applicants that in financial or other management system information on various aspects of the reviewing applications in any that does not meet the standards in 2 Technical Assistance and Dissemination discretionary grant competition, the CFR part 200, subpart D; has not to Improve Services and Results for Secretary may consider, under 34 CFR fulfilled the conditions of a prior grant; Children with Disabilities program. 75.217(d)(3), the past performance of the or is otherwise not responsible. These measures focus on the extent to applicant in carrying out a previous which projects provide high-quality award, such as the applicant’s use of VI. Award Administration Information products and services, the relevance of funds, achievement of project 1. Award Notices: If your application project products and services to objectives, and compliance with grant is successful, we notify your U.S. educational and early intervention conditions. The Secretary may also Representative and U.S. Senators and policy and practice, and the use of consider whether the applicant failed to send you a Grant Award Notification products and services to improve submit a timely performance report or (GAN); or we may send you an email educational and early intervention submitted a report of unacceptable containing a link to access an electronic policy and practice. quality. version of your GAN. We may notify Grantees will be required to report In addition, in making a competitive you informally, also. information on their project’s grant award, the Secretary requires If your application is not evaluated or performance in annual performance various assurances including those not selected for funding, we notify you. reports and additional performance data applicable to Federal civil rights laws 2. Administrative and National Policy to the Department (34 CFR 75.590 and that prohibit discrimination in programs Requirements: We identify 75.591). or activities receiving Federal financial administrative and national policy 5. Continuation Awards: In making a assistance from the Department of requirements in the application package continuation award under 34 CFR Education (34 CFR 100.4, 104.5, 106.4, and reference these and other 75.253, the Secretary considers, among 108.8, and 110.23). requirements in the Applicable other things: Whether a grantee has 3. Additional Review and Selection Regulations section of this notice. made substantial progress in achieving Process Factors: In the past, the We reference the regulations outlining the goals and objectives of the project; Department has had difficulty finding the terms and conditions of an award in whether the grantee has expended funds peer reviewers for certain competitions the Applicable Regulations section of in a manner that is consistent with its because so many individuals who are this notice and include these and other approved application and budget; and, eligible to serve as peer reviewers have specific conditions in the GAN. The if the Secretary has established conflicts of interest. The standing panel GAN also incorporates your approved performance measurement requirements under section 682(b) of application as part of your binding requirements, the performance targets in IDEA also have placed additional commitments under the grant. the grantee’s approved application. constraints on the availability of 3. Reporting: (a) If you apply for a In making a continuation award, the reviewers. Therefore, the Department grant under this competition, you must Secretary also considers whether the has determined that for some ensure that you have in place the grantee is operating in compliance with discretionary grant competitions, necessary processes and systems to the assurances in its approved applications may be separated into two comply with the reporting requirements application, including those applicable or more groups and ranked and selected in 2 CFR part 170 should you receive to Federal civil rights laws that prohibit for funding within specific groups. This funding under the competition. This discrimination in programs or activities

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receiving Federal financial assistance SUMMARY: This notice sets forth the Open Portion of Meeting: During this from the Department (34 CFR 100.4, schedule and summary agenda for a open meeting, PCAST is scheduled to 104.5, 106.4, 108.8, and 110.23). partially-closed meeting of the have presenters brief on the topic of One President’s Council of Advisors on Health. They will also hear from VII. Agency Contact Science and Technology (PCAST), and speakers who will remark on National FOR FURTHER INFORMATION CONTACT: describes the functions of the Council. Science Foundation Science and Louise Tripoli, U.S. Department of The Federal Advisory Committee Act Engineering Indicators and who will Education, 400 Maryland Avenue SW., (Pub. L. 92–463, 86 Stat. 770) requires discuss cancer research frontiers. Room 5132, Potomac Center Plaza, that public notice of these meetings be Additional information and the agenda, Washington, DC 20202–5108. announced in the Federal Register. including any changes that arise, will be Telephone: (202) 245–7554. DATES: March 25, 2016 9:00 a.m. to posted at the PCAST Web site at: http:// If you use a TDD or a TTY, call the 12:00 p.m. whitehouse.gov/ostp/pcast. Federal Relay Service (FRS), toll free, at Closed Portion of the Meeting: PCAST 1–800–877–8339. ADDRESSES: The meeting will be held at may hold a closed meeting of the National Academy of Sciences, 2101 approximately one hour with the VIII. Other Information Constitution Avenue NW., Washington, President on March 25, 2016, which Accessible Format: Individuals with DC in the Lecture Room. must take place in the White House for disabilities can obtain this document FOR FURTHER INFORMATION CONTACT: the President’s scheduling convenience and a copy of the application package in Information regarding the meeting and to maintain Secret Service an accessible format (e.g., braille, large agenda, time, location, and how to protection. This meeting will be closed print, audiotape, or compact disc) by register for the meeting is available on to the public because such portion of contacting the Grants and Contracts the PCAST Web site at: http:// the meeting is likely to disclose matters Services Team, U.S. Department of whitehouse.gov/ostp/pcast. A live video that are to be kept secret in the interest Education, 400 Maryland Avenue SW., webcast and an archive of the webcast of national defense or foreign policy Room 5037, Potomac Center Plaza, after the event are expected to be under 5 U.S.C. 552b(c)(1). Washington, DC 20202–2550. available at http://whitehouse.gov/ostp/ Public Comments: It is the policy of Telephone: (202) 245–7363. If you use a pcast. The archived video will be the PCAST to accept written public TDD or a TTY, call the FRS, toll free, at available within one week of the comments of any length, and to 1–800–877–8339. meeting. Questions about the meeting accommodate oral public comments Electronic Access to This Document: should be directed to Ms. Jennifer whenever possible. The PCAST expects The official version of this document is Michael at [email protected], (202) that public statements presented at its the document published in the Federal 395–2121. Please note that public meetings will not be repetitive of Register. Free Internet access to the seating for this meeting is limited and previously submitted oral or written official edition of the Federal Register is available on a first-come, first-served statements. and the Code of Federal Regulations is basis. The public comment period for this available via the Federal Digital System meeting will take place on March 25, SUPPLEMENTARY INFORMATION: The 2016 at a time specified in the meeting at: www.gpo.gov/fdsys. At this site you President’s Council of Advisors on can view this document, as well as all agenda posted on the PCAST Web site Science and Technology (PCAST) is an at http://whitehouse.gov/ostp/pcast. other documents of this Department advisory group of the nation’s leading published in the Federal Register, in This public comment period is designed scientists and engineers, appointed by only for substantive commentary on text or PDF. To use PDF you must have the President to augment the science Adobe Acrobat Reader, which is PCAST’s work, not for business and technology advice available to him marketing purposes. available free at the site. from inside the White House, cabinet You may also access documents of the Oral Comments: To be considered for departments, and other Federal Department published in the Federal the public speaker list at the meeting, agencies. See the Executive Order at Register by using the article search interested parties should register to http://www.whitehouse.gov/ostp/pcast. feature at: www.federalregister.gov. speak at http://whitehouse.gov/ostp/ PCAST is consulted about and provides Specifically, through the advanced pcast, no later than 12:00 p.m. Eastern analyses and recommendations search feature at this site, you can limit Time on March 18, 2016. Phone or concerning a wide range of issues where your search to documents published by email reservations will not be accepted. understandings from the domains of the Department. To accommodate as many speakers as science, technology, and innovation possible, the time for public comments Dated: February 29, 2016. may bear on the policy choices before will be limited to two (2) minutes per Michael K. Yudin, the President. PCAST is co-chaired by person, with a total public comment Assistant Secretary for Special Education and Dr. John P. Holdren, Assistant to the period of up to 15 minutes. If more Rehabilitative Services. President for Science and Technology, speakers register than there is space [FR Doc. 2016–04867 Filed 3–3–16; 8:45 am] and Director, Office of Science and available on the agenda, PCAST will BILLING CODE 4000–01–P Technology Policy, Executive Office of randomly select speakers from among the President, The White House; and Dr. those who applied. Those not selected Eric S. Lander, President, Broad to present oral comments may always DEPARTMENT OF ENERGY Institute of the Massachusetts Institute file written comments with the of Technology and Harvard. committee. Speakers are requested to President’s Council of Advisors on Type of Meeting: Open and Closed. bring at least 25 copies of their oral Science and Technology Meeting Proposed Schedule and Agenda: The comments for distribution to the PCAST AGENCY: Office of Science, Department President’s Council of Advisors on members. of Energy. Science and Technology (PCAST) is Written Comments: Although written scheduled to meet in open session on comments are accepted continuously, ACTION: Notice of partially-closed March 25, 2016, from 9:00 a.m. to 12:00 written comments should be submitted meeting. p.m. to PCAST no later than 12:00 p.m.

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Eastern Time on March 18, 2016 so that exceeds the concentration limits of is LLRW that has radionuclide the comments may be made available to radionuclides established for Class C concentrations that exceed the limits for the PCAST members prior to this waste in 10 CFR 61.55,’’ as well as Class C LLRW provided in 10 CFR meeting for their consideration. GTCC-like waste which is DOE owned 61.55. Information regarding how to submit or generated LLRW and non-defense- This Final EIS also addresses GTCC- comments and documents to PCAST is generated transuranic radioactive waste like waste which is DOE owned or available at http://whitehouse.gov/ostp/ having characteristics similar to GTCC generated LLRW and non-defense- pcast in the section entitled ‘‘Connect LLRW and for which there may be no generated transuranic radioactive waste with PCAST.’’ path to disposal. This Final EIS also having characteristics similar to GTCC Please note that because PCAST identifies DOE’s preferred alternative for LLRW and for which there may be no operates under the provisions of FACA, the disposal of GTCC and GTCC-like path to disposal. The NRC LLRW waste all public comments and/or waste at the Waste Isolation Pilot Plant classification system in 10 CFR 61.55 presentations will be treated as public (WIPP) geologic repository in New does not apply to radioactive waste documents and will be made available Mexico and land disposal at generic generated or owned by DOE and for public inspection, including being commercial facilities. disposed of in DOE facilities. DOE posted on the PCAST Web site. DATES: DOE will publish a Record of evaluates GTCC-like waste in the Final Meeting Accommodations: Decision no sooner than 30 days after EIS because similar approaches may be Individuals requiring special publication of the U.S. EPA Notice of used to dispose of both GTCC LLRW accommodation to access this public Availability in the Federal Register and and GTCC-like waste. DOE’s proposed meeting should contact Ms. Jennifer not before Congressional Action as action is therefore to construct and Michael at least ten business days prior required by the Energy Policy Act of operate a new facility or facilities, or use to the meeting so that appropriate 2005 (Pub. L. 109–58). an existing facility or facilities, for the disposal of GTCC LLRW and GTCC-like arrangements can be made. ADDRESSES: This Final EIS is available waste. The Final EIS evaluates Issued in Washington, DC, on February 26, on the DOE NEPA Web site at http:// alternative methods for disposal of these 2016. energy.gov/nepa and on the GTCC Web wastes at various alternative locations, LaTanya R. Butler, site at http://www.gtcceis.anl.gov. evaluates generic commercial disposal Deputy Committee Management Officer. Copies of the Final EIS are also available sites in four regions of the U.S., and a in the public reading rooms and [FR Doc. 2016–04870 Filed 3–3–16; 8:45 am] ‘‘No Action Alternative’’ as required libraries listed in SUPPLEMENTARY BILLING CODE 6450–01–P under NEPA. INFORMATION. A printed summary and compact disc (CD) of the complete Final Types and Estimated Quantities of DEPARTMENT OF ENERGY EIS or a complete printed copy of the GTCC LLRW and GTCC-Like Wastes Final EIS (approximately 4,198 pages) The total inventory volume of GTCC Notice of Availability of the Final may be requested by sending an email LLRW and GTCC-like waste evaluated Environmental Impact Statement for to: [email protected]. in the Final EIS is about 12,000 m3, and the Disposal of Greater-Than-Class C FOR FURTHER INFORMATION CONTACT: For is estimated to contain approximately (GTCC) Low-Level Radioactive Waste further information about this Final EIS, 160 million curies of radioactivity. Of and GTCC-Like Waste please contact Ms. Theresa J. this total, approximately 3,000 m3 and AGENCY: Department of Energy. Kliczewski, GTCC EIS Document less than one million curies are ACTION: Notice of availability. Manager, U.S. Department of Energy, estimated to be GTCC-like waste. Office of Disposition Planning & Policy Approximately ten percent of the total SUMMARY: The U.S. Department of (EM–32), 1000 Independence Avenue estimated inventory volume of GTCC Energy (DOE or Department) announces SW., Washington, DC 20585 or by email LLRW and GTCC-like waste is currently the availability of its Final at [email protected]. For general in storage, while approximately 90 Environmental Impact Statement for the information regarding the DOE NEPA percent is expected to be generated in Disposal of Greater-Than-Class C process, please contact: Ms. Carol M. the future. (GTCC) Low-Level Radioactive Waste Borgstrom, Director, Office of NEPA GTCC LLRW and GTCC-like waste, for and GTCC-Like Waste (Final EIS) (DOE/ Policy and Compliance (GC–54), U.S. purposes of the Final EIS, are EIS–0375), prepared pursuant to the Department of Energy, 1000 categorized into three waste types: National Environmental Policy Act Independence Avenue SW., activated metals, sealed sources, and (NEPA). This Final EIS considered Washington, DC 20585, Telephone: other waste. Activated metals are largely public comments, including a Comment (202) 586–4600, or leave a message at generated from the decommissioning of Response Document that addresses all (800) 472–2756. nuclear reactors. They include portions comments received on the Draft EIS. SUPPLEMENTARY INFORMATION: of the nuclear reactor vessel, such as the The U.S. Environmental Protection core shroud and core support plate. Agency (EPA) is a cooperating agency in Background Activated metals wastes represent the preparation of this EIS. The Final Section 3(b)(1)(D) of the Low-Level approximately 17 percent of the total EIS evaluates the potential human Radioactive Waste Policy Amendments inventory volume and approximately 98 health and environmental impacts of a Act (LLRWPAA) of 1985 (Pub. L. 99– percent of the radioactivity from GTCC range of reasonable alternatives for 240) makes the U.S. Federal LLRW and GTCC-like waste. Most of the disposing of an estimated 12,000 cubic Government responsible for the disposal activated metals will not be generated meters (m3) of waste, containing of GTCC LLRW that results from NRC for several decades, when the majority approximately 160 million curies of and Agreement State licenses. The of the currently operating reactors are radioactivity. This includes GTCC low- LLRWPAA also specified in Section scheduled to undergo decommissioning. level radioactive waste (LLRW) as 3(b)(2) that such waste be disposed of in Sealed sources are widely used for defined by the Nuclear Regulatory a facility licensed by NRC. DOE is the medical purposes, such as in equipment Commission (NRC) in 10 CFR 72.3, i.e., Federal agency responsible for the to diagnose and treat illnesses ‘‘low-level radioactive waste that disposal of GTCC LLRW. GTCC LLRW (particularly cancer), sterilize medical

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devices, and irradiate blood for Responses to Public Comment Energy Policy Act of 2005 (Pub. L. 109– transplant patients; and for industrial The Final EIS includes a Comment 58), DOE will submit a Report to purposes, such as nondestructive testing Response Document that includes all Congress on GTCC, and await of structures and industrial equipment comments received on the Draft EIS as Congressional Action. The Report to and exploration of geologic formations well as DOE’s detailed responses to the Congress must include all GTCC for oil and gas. They are located in individual comments. DOE received a disposal alternatives under hospitals, universities, and industries total of 1,196 comment records, which consideration. Once Congressional throughout the U.S. Sealed sources accounted for 3,982 individual Action has occurred, DOE may then represent approximately 25 percent of comments. Of the 1,196 comment issue a Record of Decision in the the total inventory volume and records received, 154 were from Federal Register and implement the approximately one percent of the total organizations or federal or state disposal alternative(s). radioactivity from GTCC LLRW and agencies; 495 were from private citizens; Public Reading Rooms and Libraries GTCC-like waste. and 547 were campaign letters, emails, Copies of the Final EIS are available Other waste primarily includes or web comments received from six for public review at the locations listed contaminated equipment, debris, scrap organizations. All comments received below: metal, resins, and solidified sludges. on the Draft EIS were considered by These wastes are associated with the DOE in the preparation of this Final District of Columbia production of molybdenum-99, which is GTCC EIS. U.S. Department of Energy, Freedom of used in about 16 million medical Information Act Public Reading procedures (e.g., to detect cancer) each Preferred Alternative Room, 1000 Independence Avenue year; the production of radioisotope Given the diverse characteristics (e.g., SW., Room 1G–033, Washington, DC power systems in support of space different radionuclide inventories, range 20585, (202) 586–5955. exploration (e.g. from the plutonium- of physical conditions, and derived 238 production project) and national from both commercial and DOE sources) Idaho security; and the environmental cleanup of GTCC and GTCC-like waste analyzed U.S. Department of Energy, Public of the West Valley Demonstration in this Final EIS, the preferred Reading Room, 1776 Science Center Project site in New York. Other waste alternative selected is not limited to one Drive, Idaho Falls, ID 83401, (208) represents approximately 58 percent of disposal technology. The preferred 526–0833. the total inventory volume and alternative for the disposal of GTCC and approximately one percent of the GTCC-like waste is the WIPP geologic Nevada radioactivity from GTCC and GTCC-like repository and/or land disposal at Nevada Site Office, U.S. Department of wastes. generic commercial facilities. These Energy, Public Reading Room, 755 Disposal Alternatives Evaluated land disposal conceptual designs may East Flamingo Road, Room 103, Las be altered or enhanced, as necessary, to Vegas, NV 89119, (702) 794–5106. The Final EIS evaluates a range of provide the optimal application at a Amargosa Valley Library, 829 E. Farm reasonable alternatives for the disposal given location. For generic commercial Road, Amargosa, NV 89020, (775) of GTCC LLRW and GTCC-like waste facilities, the preferred alternative does 372–5340. including: not include land disposal at DOE sites. Clark County Library, 1401 E. Flamingo 1. No Action, as required by NEPA; In addition, there is presently no Road, Las Vegas, NV 89119, (702) 2. Disposal in the WIPP geologic preference among the three land 507–3400. repository in New Mexico; disposal technologies at the generic Indian Springs Library, 715 Gretta Lane, commercial sites. The factors 3. Disposal in a new intermediate- Indian Springs, NV 89018, (702) 879– considered during the development of depth borehole disposal facility at the 3845. the preferred alternative include public Hanford Site in Washington, the Idaho Las Vegas Library, 833 N. Las Vegas comment provided on the Draft EIS; National Laboratory in Idaho, the Los Boulevard, Las Vegas, NV 89101, disposal site impacts including Alamos National Laboratory and WIPP (702) 507–3500. potential human health impacts, Pahrump Community Library, 701 S. Vicinity in New Mexico, the Nevada cultural resources and tribal concerns; East Street, Pahrump, NV 89048, (775) National Security Site (formerly known waste types impacts including 727–5930. as the Nevada Test Site) in Nevada and radionuclide inventory and Tonopah Public Library, 167 S. Central generic commercial sites in four regions characteristics and availability for Street, Tonopah, NV 89049, (775) of the U.S.; and disposal; and disposal method impacts 482–3374. 4. Disposal in a new enhanced near- including inadvertent human intrusion, surface trench disposal facility at the construction and operation and cost. New Mexico Hanford, the Idaho National Laboratory, The analysis in this Final GTCC EIS has DOE FOIA Reading Room, Government the Los Alamos National Laboratory and provided the Department with the Information/Zimmerman Library, the WIPP, the Nevada National Security integrated insight needed to identify a University of New Mexico, MSC05 Site, Savannah River Site in South preferred alternative with the potential 3020, 1 University of New Mexico, Carolina, and generic commercial sites; to enable the disposal of the entire Albuquerque, NM 87131–0001, (505) and waste inventory analyzed in this EIS. 277–7180. 5. Disposal in a new above-grade vault The Department has determined that the Carlsbad Field Office, U.S. Department disposal facility at the Hanford, the preferred alternative would satisfy the of Energy, WIPP Information Center, Idaho National Laboratory, the Los needs of the Department for the disposal 4021 National Parks Highway, Alamos National Laboratory and the of GTCC and GTCC-like waste. Carlsbad, NM 88220, (575) 234–7348 WIPP, the Nevada National Security or (800) 336–9477. Site, Savannah River Site in South Next Steps Carlsbad Public Library, 101 South Carolina, as well as at generic Following the issuance of the Final Halagueno Street, Carlsbad, NM commercial facilities. GTCC EIS and in accordance with the 88220, (575) 885–6776.

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Eunice Public Library, 1039 10th Street, DEPARTMENT OF ENERGY 5, 2015. Agenda updates and Eunice, NM 88231, (575) 394–2336. presentations will be posted on the Advanced Scientific Computing Espan˜ ola Public Library, 313 N Paseo de ASCAC Web site prior to the meeting at: Advisory Committee On˜ ate, Espan˜ ola, NM 87532, (505) http://science.energy.gov/ascr/ascac/. Public Participation: The meeting is 747–6087. AGENCY: Office of Science, Department open to the public. Individuals and Mesa Public Library, 2400 Central of Energy. representatives of organizations who Avenue, Los Alamos, NM 87544, ACTION: Notice of open meeting. would like to offer comments and (505) 662–8250. suggestions may do so during the SUMMARY: This notice announces a Santa Fe Public Library, 145 meeting. Approximately 30 minutes will meeting of the Advanced Scientific be reserved for public comments. Time Washington Street, Santa Fe, NM Computing Advisory Committee 87501, (505) 955–6780. allotted per speaker will depend on the (ASCAC). The Federal Advisory number who wish to speak but will not Santa Fe Public Library, Oliver La Farge Committee Act (Pub. L. 92–463, 86 Stat. exceed 10 minutes. The Designated Branch, 1730 Llano Street, Santa Fe, 770) requires that public notice of these Federal Officer is empowered to NM 87501, (505) 955–4860. meetings be announced in the Federal conduct the meeting in a fashion that New Mexico State Library, 1209 Camino Register. will facilitate the orderly conduct of Carlos Rey, Santa Fe, NM 87507, (505) DATES: Monday, April 4, 2016, 8:30 business. 476–9717. a.m.–5:30 p.m.; Tuesday, April 5, 2016, Those wishing to speak should submit Los Alamos National Laboratory, Public 8:30 a.m.–12:00 p.m. your request at least five days before the Reading Room, P.O. Box 1663, Mail ADDRESSES: American Geophysical meeting. Those not able to attend the Stop M9991, Los Alamos, NM 87545, Union (AGU), 2000 Florida Avenue meeting or who have insufficient time to Phone: (505) 667–0216. NW., Washington, DC 20009–1277. address the committee are invited to FOR FURTHER INFORMATION CONTACT: send a written statement to Christine J. Robert Oppenheimer Study Ctr & Res Chalk, U.S. Department of Energy, 1000 Library, Technical Area 3, Building Christine Chalk, Office of Advanced Scientific Computing Research; SC–21/ Independence Avenue SW., Washington 207, Los Alamos National Laboratory, DC 20585, email to Christine.Chalk@ Los Alamos, NM 87545. Germantown Building; U.S. Department of Energy, 1000 Independence Avenue science.doe.gov. Oregon SW., Washington, DC 20585–1290; Minutes: The minutes of this meeting Telephone (301) 903–7486. will be available within 90 days on the Portland State University, Government Advanced Scientific Computing Web SUPPLEMENTARY INFORMATION: site at http://science.energy.gov/ascr/ Information, Branford Price Millar Purpose of the Committee: To provide ascac/. Library, 1875 SW Park Avenue, advice and guidance on a continuing Portland, OR 97201, (503) 725–5874. basis to the Office of Science and to the Issued at Washington, DC, on February 26, 2016. South Carolina Department of Energy on scientific priorities within the field of advanced LaTanya R. Butler, University of South Carolina—Aiken, scientific computing research. Deputy Committee Management Officer. Gregg-Graniteville Library, 471 Purpose of the Meeting: This meeting [FR Doc. 2016–04854 Filed 3–3–16; 8:45 am] University Parkway, Aiken, SC 29801, is the semi-annual meeting of the BILLING CODE 6450–01–P (803) 641–3320. Committee. South Carolina State Library, 1500 Tentative Agenda Topics DEPARTMENT OF ENERGY Senate Street, Columbia, SC 29211, • (803) 734–8026. View from Germantown • Program Response to the report from Biological and Environmental Washington the Next Generation Networking for Research Advisory Committee Science Committee of Visitors AGENCY: Office of Science, Department U.S. Department of Energy, Public • Update on Exascale project activities of Energy. Reading Room, Consolidated • Summary of workshops on ACTION: Notice of open meeting. Information Center, 2770 University technologies ‘‘beyond exascale’’ Drive, Room 101L, Richland, WA • Technical presentations SUMMARY: This notice announces a 99352, (509) 372–7443. • Public Comment (10-minute rule) meeting of the Biological and University of Washington, Suzzallo- The meeting agenda includes the Environmental Research Advisory Allen Library, Government program response to the report from the Committee (BERAC). The Federal Publications Division, Seattle, WA Committee of Visitors on the Next Advisory Committee Act (Pub. L. 92– 98195, (206) 543–1937. Generation Networking for Science 463, 86 Stat.770) requires that public Gonzaga University, Foley Center program; an update on the budget, notice of these meetings be announced Library, 101–L 502 East Boone accomplishments and planned activities in the Federal Register. Avenue, Spokane, WA 99258, (509) of the Advanced Scientific Computing DATES: 313–5931. Research program; an update on Tuesday, March 22, 2016; 9:00 a.m.– exascale computing project activities; 6:00 p.m. Issued in Washington, DC, on February 19, information on recent workshops Wednesday, March 23, 2016; 8:30 a.m.– 2016. exploring potential technologies 12:30 p.m. Mark Senderling, ‘‘beyond exascale’’—such as quantum ADDRESSES: Gaithersburg Marriott Director, Office of Disposition Planning & computing and neom orphic computing; Washingtonian Center, 9751 Policy, Office of Environmental Management, a technical presentation from an Washingtonian Boulevard, Gaithersburg, U.S. Department of Energy. exascale researcher; and an opportunity Maryland 20878. [FR Doc. 2016–04731 Filed 3–3–16; 8:45 am] for comments from the public. The FOR FURTHER INFORMATION CONTACT: Dr. BILLING CODE 6450–01–P meeting will conclude at noon on April Sharlene Weatherwax, Designated

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Federal Officer, BERAC, U.S. Issued in Washington, DC, on February 26, clicking on the appropriate link in the Department of Energy, Office of Science, 2016. above list. They are also available for Office of Biological and Environmental LaTanya R. Butler, electronic review in the Commission’s Research, SC–23/Germantown Building, Deputy Committee Management Officer. Public Reference Room in Washington, 1000 Independence Avenue SW., [FR Doc. 2016–04869 Filed 3–3–16; 8:45 am] DC. There is an eSubscription link on Washington, DC 20585–1290; Phone BILLING CODE 6450–01–P the Web site that enables subscribers to (301) 903–3251; Fax (301) 903–5051 or receive email notification when a email: sharlene.weatherwax@ document is added to a subscribed science.doe.gov. The most current DEPARTMENT OF ENERGY docket(s). For assistance with any FERC information concerning this meeting can Online service, please email be found on the Web site: http:// Federal Energy Regulatory [email protected]. or call science.energy.gov/ber/berac/meetings/. Commission (866) 208–3676 (toll free). For TTY, call SUPPLEMENTARY INFORMATION: [Docket No. ER16–999–000] (202) 502–8659. Purpose of the Committee: To provide Dated: February 25, 2016. advice on a continuing basis to the Greenleaf Energy Unit 1 LLC; Nathaniel J. Davis, Sr., Director, Office of Science of the Supplemental Notice That Initial Deputy Secretary. Department of Energy, on the many Market-Based Rate Filing Includes [FR Doc. 2016–04695 Filed 3–3–16; 8:45 am] Request for Blanket Section 204 complexes scientific and technical BILLING CODE 6717–01–P issues that arises in the development Authorization and implementation of the Biological This is a supplemental notice in the and Environmental Research Program. above-referenced proceeding of DEPARTMENT OF ENERGY Greenleaf Energy Unit 1 LLC’s Tentative Agenda Topics Federal Energy Regulatory application for market-based rate • Commission Report from the Director, Office of authority, with an accompanying rate Science tariff, noting that such application [Docket No. EL16–40–000] • Report from the Office of Biological includes a request for blanket and Environmental Research authorization, under 18 CFR part 34, of Hoosier Energy Rural Electric • News from the Biological Systems future issuances of securities and Cooperative, Inc.; Notice of Filing Science and Climate and assumptions of liability. Take notice that on February 18, 2016, Environmental Sciences Divisions Any person desiring to intervene or to Hoosier Energy Rural Electric • Multiple DOE National Laboratories protest should file with the Federal Cooperative, Inc. (Hoosier), on behalf of report on their strategic plans and Energy Regulatory Commission, 888 itself and its eighteen participating future visions First Street NE., Washington, DC 20426, electric distribution cooperative • Presentations on Microbiome, CESD in accordance with Rules 211 and 214 member-owners (collectively, the Computational Requirements, ASR of the Commission’s Rules of Practice Participating Members) 1 pursuant to Aerosols, Trait Methods for Land and Procedure (18 CFR 385.211 and section 292.402 of the Federal Energy Models 385.214). Anyone filing a motion to Regulatory Commission’s Rules of • Next Generation Ecosystem intervene or protest must serve a copy Practice and Procedure, 18 CFR 292.402, Experiments Tropics presentation of that document on the Applicant. filed a petition for partial waiver of • BERAC member Science Talk Notice is hereby given that the certain obligations imposed on Hoosier • New Business deadline for filing protests with regard and the Participating Members under • Public Comment to the applicant’s request for blanket sections 292.303(a) and 292.303(b) of authorization, under 18 CFR part 34, of Public Participation: The day and a the Public Utility Regulatory Policies future issuances of securities and 2 half meeting is open to the public. If you Act of 1978, as amended. assumptions of liability, is March 16, Any person desiring to intervene or to would like to file a written statement 2016. with the Committee, you may do so protest this filing must file in The Commission encourages accordance with Rules 211 and 214 of either before or after the meeting. If you electronic submission of protests and would like to make oral statements the Commission’s Rules of Practice and interventions in lieu of paper, using the Procedure (18 CFR 385.211, 385.214). regarding any of the items on the FERC Online links at http:// agenda, you should contact Sharlene Protests will be considered by the www.ferc.gov. To facilitate electronic Commission in determining the Weatherwax at sharlene.weatherwax@ service, persons with Internet access science.doe.go (email) or (301)903–5051 who will eFile a document and/or be 1 Hoosier’s eighteen Participating Member-owners (fax). You must make your request for listed as a contact for an intervenor joining in this petition are: Bartholomew County an oral statement at least five business must create and validate an REMC (Columbus, IN); Clark County REMC days before the meeting. Reasonable eRegistration account using the (Sellersburg, IN); Daviess-Martin County REMC provision will be made to include the (Loogootee, IN); Decatur County REMC (Greensburg, eRegistration link. Select the eFiling IN); Dubois REC, Inc. (Jasper, IN); Harrison REMC scheduled oral statements on the link to log on and submit the (Corydon, IN); Henry County REMC (New Castle, agenda. The Chairperson of the intervention or protests. IN); Jackson County REMC (Brownstown, Committee will conduct the meeting to Persons unable to file electronically IN);.Johnson County REMC (Franklin, IN); Orange facilitate the orderly conduct of should submit an original and 5 copies County REMC (Orleans, IN); RushShelby Energy (Manilla, IN); South Central Indiana REMC business. Public comment will follow of the intervention or protest to the (Martinsville, IN); Southeastern Indiana REMC the 10-minute rule. Federal Energy Regulatory Commission, (Osgood, IN); Southern Indiana Power (Tell City, Minutes: The minutes of this meeting 888 First Street NE., Washington, DC IN); Utilities District of Western Indiana REMC will be available for public review and 20426. (Bloomfield, IN); Wayne-White Counties Electric Cooperative (Fairfield, IL); WIN Energy REMC copying within 45 days at the BERAC The filings in the above-referenced (Vincennes, IN); and Whitewater Valley REMC Web site: http://science.energy.gov/ber/ proceeding are accessible in the (Liberty, IN). berac/meetings/berac-minutes/. Commission’s eLibrary system by 2 16 U.S.C. 824a–3.

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appropriate action to be taken, but will license application during the permit The first page of any filing should not serve to make protestants parties to term. A preliminary permit does not include docket number P–14755–000. the proceeding. Any person wishing to authorize the permit holder to perform More information about this project, become a party must file a notice of any land-disturbing activities or including a copy of the application, can intervention or motion to intervene, as otherwise enter upon lands or waters be viewed or printed on the ‘‘eLibrary’’ appropriate. Such notices, motions, or owned by others without the owners’ link of Commission’s Web site at http:// protests must be filed on or before the express permission. www.ferc.gov/docs-filing/elibrary.asp. comment date. On or before the The proposed project would consist of Enter the docket number (P–14755) in comment date, it is not necessary to the following: (1) An existing 21-foot- the docket number field to access the serve motions to intervene or protests high, 470-foot-long concrete and stone document. For assistance, contact FERC on persons other than the Applicant. dam with a 150-foot-long ogee spillway, Online Support. two 4.5-foot-wide, 7-foot-high stoplog The Commission encourages Dated: February 25, 2016. bays, and two 6.25-foot-wide, 7.66-foot- electronic submission of protests and Nathaniel J. Davis, Sr., interventions in lieu of paper using the high outlet gates; (2) an existing 20-acre Deputy Secretary. ‘‘eFiling’’ link at http://www.ferc.gov. impoundment with a normal storage Persons unable to file electronically capacity of 112 acre-feet at spillway [FR Doc. 2016–04697 Filed 3–3–16; 8:45 am] should submit an original and 5 copies crest elevation of about 474.5 feet BILLING CODE 6717–01–P of the protest or intervention to the national geodetic vertical datum (NGVD Federal Energy Regulatory Commission, ’29); (3) an existing gated intake DEPARTMENT OF ENERGY 888 First Street NE., Washington, DC structure and forebay leading to an 20426. existing 200-foot-long, 9-foot-diameter steel penstock; (4) an existing brick Federal Energy Regulatory This filing is accessible on-line at Commission http://www.ferc.gov, using the building housing a 415 kilowatt (kW) ‘‘eLibrary’’ link and is available for turbine-generator, along with a control [Project No. 12532–006] electronic review in the Commission’s panel and switchgear; (5) a new 75-foot- Pine Creek Mine, LLC; Notice of Public Reference Room in Washington, long, 13.8-kilovolt (kV) transmission Application Tendered for Filing With DC. There is an ‘‘eSubscription’’ link on line connecting the generator to Public the Commission and Establishing the Web site that enables subscribers to Service Company of New Hampshire’s Procedural Schedule for Licensing and receive email notification when a existing distribution system; and (6) Deadline for Submission of Final document is added to a subscribed appurtenant facilities. The estimated Amendments docket(s). For assistance with any FERC annual generation of the proposed Pittsfield Project would be about 1,400 Online service, please email Take notice that the following megawatt-hours. The existing dam is [email protected], or call hydroelectric application has been filed owned by New Hampshire Department (866) 208–3676 (toll free). For TTY, call with the Commission and is available (202) 502–8659. of Environmental Services. Applicant Contact: Mr. Douglas Troy, for public inspection. Comment Date: 5:00 p.m. Eastern 5 Main Street, Pittsfield, NH 03263; a. Type of Application: New Minor Time on March 10, 2016. phone: (603) 435–3598. License. Dated: February 25, 2016. FERC Contact: John Ramer; phone: b. Project No.: 12532–006. Nathaniel J. Davis, Sr., (202) 502–8969 or email: john.ramer@ c. Date Filed: February 12, 2016 Deputy Secretary. ferc.gov. d. Applicant: Pine Creek Mine, LLC [FR Doc. 2016–04694 Filed 3–3–16; 8:45 am] Deadline for filing comments, motions e. Name of Project: Pine Creek Mine Tunnel Hydroelectric Project BILLING CODE 6717–01–P to intervene, competing applications (without notices of intent), or notices of f. Location: The project is located at intent to file competing applications: 60 Pine Creek Mine adjacent to Morgan and DEPARTMENT OF ENERGY days from the issuance of this notice. Pine Creeks in Inyo County California. Competing applications and notices of The project’s mine access tunnel, mine Federal Energy Regulatory intent must meet the requirements of 18 plug, mine water storage cavity, Commission CFR 4.36. penstock, generator, and most of its The Commission strongly encourages primary transmission line would be [Project No. 14755–000] electronic filing. Please file comments, located under Federal land managed by Ever Better Hydro Power, LLC; Notice motions to intervene, notices of intent, the United States Forest Service. of Preliminary Permit Application and competing applications using the g. Filed Pursuant to: Federal Power Accepted for Filing and Soliciting Commission’s eFiling system at http:// Act, 16 U.S.C. 791(a)–825(r) Comments, Motions To Intervene, and www.ferc.gov/docs-filing/efiling.asp. h. Applicant Contacts: Craig N. Competing Applications Commenters can submit brief comments Rossell, Member, Pine Creek Mine LLC, up to 6,000 characters, without prior 228 West Bonita Avenue Claremont, On February 16, 2016, Ever Better registration, using the eComment system California 91711, (909) 482–1000; Lynn Hydro Power, LLC, filed an application at http://www.ferc.gov/docs-filing/ Goodfellow, 9050 Pine Creek Road, for a preliminary permit, pursuant to ecomment.asp. You must include your Bishop, California 93514 (760) 387– section 4(f) of the Federal Power Act name and contact information at the end 2076. (FPA), proposing to study the feasibility of your comments. For assistance, i. FERC Contact: Joseph Hassell, (202) of the Pittsfield Mill Dam Hydroelectric please contact FERC Online Support at 502–8079 or [email protected]. Project (Pittsfield Project or project) to [email protected], (866) j. This application is not ready for be located on Suncook River, in the 208–3676 (toll free), or (202) 502–8659 environmental analysis at this time. town of Pittsfield, in Merrimack County, (TTY). In lieu of electronic filing, please k. The Project Description: The New Hampshire. The sole purpose of a send a paper copy to: Secretary, Federal proposed Pine Creek Tunnel preliminary permit, if issued, is to grant Energy Regulatory Commission, 888 Hydroelectric Project would include: (1) the permit holder priority to file a First Street NE., Washington, DC 20426. The existing Pine Creek Mine site, mine

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entrance tunnels, mine shafts, and approximately 200 feet of groundwater available for inspection and concrete plug; (2) an existing 30-foot- in the existing mine works. The reproduction at the address in item (h) long steel pipe that runs through the groundwater would be released at above. concrete plug, to be used as a proposed approximately the same rate at which it m. You may also register online at penstock; (3) a proposed Pelton turbine recharges the mine, which is about 10 http://www.ferc.gov/docs-filing/ generating unit located in the mine cubic feet per second. esubscription.asp to be notified via tunnel with a total installed capacity of l. Locations of the Application: A 1.5 megawatts; (4) a proposed copy of the application is available for email of new filings and issuances underground power line that would run review at the Commission in the Public related to this or other pending projects. approximately 2,500 feet from the Reference Room or may be viewed on For assistance, contact FERC Online generating unit to the mine portal; and the Commission’s Web site at http:// Support. (5) another proposed 60-foot-long www.ferc.gov using the ‘‘eLibrary’’ link. n. Procedural Schedule: Enter the docket number excluding the transmission line from the mine portal The application will be processed to an existing substation on the mine last three digits in the docket number according to the following preliminary site. The proposed project would have field to access the document. For Hydro Licensing Schedule. Revisions to an average annual generation of 5.6 assistance, please contact FERC Online gigawatt-hours. Support at FERCOnlineSupport@ the schedule may be made as Pine Creek Mine, LLC would seal the ferc.gov, (866) 208–3676 (toll free), or appropriate. mine entrance tunnel to store (202) 502–8659 (TTY). A copy is also

Milestone Target date

Notice of Acceptance/Notice of Ready for Environmental Analysis ...... May 2016. Filing of recommendations, preliminary terms and conditions, and fishway prescriptions ...... July 2016. Commission issues Draft EA ...... January 2017. Comments on Draft Environmental Assessment (EA) ...... March 2017. Modified terms and conditions ...... May 2017. Commission issues Final EA ...... August 2017.

o. Final amendments to the Federal Power Act and Request for Accession Number: 20160224–5028. application must be filed with the Expedited Action of 8point3 Energy Comments Due: 5 p.m. ET 3/16/16. Commission no later than 30 days from Partners LP and Solar Star Colorado III, Docket Numbers: ER16–1000–000. the issuance date of the notice of ready LLC. Applicants: Madison Gas and Electric for environmental analysis. Filed Date: 2/25/16. Company. Dated: February 25, 2016. Accession Number: 20160225–5047. Description: Compliance filing: Comments Due: 5 p.m. ET 3/17/16. Nathaniel J. Davis, Sr., Certificate of Concurrence to be effective Take notice that the Commission 2/22/2016. Deputy Secretary. received the following exempt Filed Date: 2/24/16. [FR Doc. 2016–04696 Filed 3–3–16; 8:45 am] wholesale generator filings: Accession Number: 20160224–5139. BILLING CODE 6717–01–P Docket Numbers: EG16–58–000. Comments Due: 5 p.m. ET 3/16/16. Applicants: Middlesex Energy Center, Docket Numbers: ER16–1001–000. DEPARTMENT OF ENERGY LLC. Applicants: Commonwealth Edison Description: Middlesex Energy Company, PJM Interconnection, L.L.C. Federal Energy Regulatory Center, LLC submits the Notice of Self- Description: § 205(d) Rate Filing: Commission Certification of Exempt Wholesale ComEd submits Transmission Upgrade Generator Status. Agreement No. 4417 to be effective 2/ Combined Notice of Filings #1 Filed Date: 2/24/16. 25/2016. Accession Number: 20160224–0001. Filed Date: 2/25/16. Take notice that the Commission Comments Due: 5 p.m. ET 3/16/16. Accession Number: 20160225–5061. received the following electric corporate Docket Numbers: EG16–59–000. Comments Due: 5 p.m. ET 3/17/16. filings: Applicants: San Roman Wind I, LLC. Docket Numbers: ER16–1002–000. Docket Numbers: EC16–11–000. Description: San Roman Wind I, LLC Applicants: Midcontinent Applicants: Greeley Energy Facility, Notice of Self-Certification of Exempt Independent System Operator, Inc. LLC. Wholesale Generator Status. Description: § 205(d) Rate Filing: Description: Second Supplement to Filed Date: 2/25/16. 2016–02–25_SA 2791 Notice of October 13, 2015 Application for Accession Number: 20160225–5164. Termination Ameren-FutureGen GIA Authorization Under Section 203 of the Comments Due: 5 p.m. ET 3/17/16. (J239) to be effective 4/5/2016. Federal Power Act and Request for Take notice that the Commission Filed Date: 2/25/16. Expedited Action of Greeley Energy received the following electric rate Accession Number: 20160225–5114. Facility, LLC. filings: Comments Due: 5 p.m. ET 3/17/16. Filed Date: 2/24/16. Docket Numbers: ER16–996–000. Docket Numbers: ER16–1003–000. Accession Number: 20160224–5077. Applicants: Pacific Gas and Electric Applicants: Midcontinent Comments Due: 5 p.m. ET 3/7/16. Company. Independent System Operator, Inc., Docket Numbers: EC16–80–000. Description: Notice of Termination of Ameren Illinois Company. Applicants: 8point3 Energy Partners Pacific Gas and Electric Company for Description: § 205(d) Rate Filing: LP, Solar Star Colorado III, LLC. Transmission Service for San Luis Unit, 2016–02–25_SA 2901 Ameren Illinois- Description: Application for Rate Schedule No. 227. ComEd Kewanee CA to be effective Authorization under Section 203 of the Filed Date: 2/24/16. 2/4/2016.

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Filed Date: 2/25/16. Dated: February 25, 2016. transmission formula rate; Pacific Accession Number: 20160225–5144. Nathaniel J. Davis, Sr., Alternating Current Intertie Comments Due: 5 p.m. ET 3/17/16. Deputy Secretary. transmission formula rate; and third- Docket Numbers: ER16–1004–000. [FR Doc. 2016–04693 Filed 3–3–16; 8:45 am] party transmission service formula rate. Applicants: Roundtop Energy LLC. BILLING CODE 6717–01–P Western proposed to extend Rate Description: Compliance filing: Schedules CV–F13, CPP–2, CV–T3, CV– Roundtop Energys Reactive Power NWT5, COTP–T3, PACI–T3, CV–TPT7, Filing to be effective 4/1/2016. DEPARTMENT OF ENERGY CV–UUP1, CV–SPR4, CV–SUR4, CV– Filed Date: 2/25/16. RFS4, CV–EID4, and CV–GID1 through Accession Number: 20160225–5177. Western Area Power Administration September 30, 2019. As part of the Comments Due: 5 p.m. ET 3/17/16. notice, Western provided a 30-day Central Valley Project, California- comment period ending on September Docket Numbers: ER16–1005–000. Oregon Transmission Project, Pacific Applicants: RE Mustang LLC. 24, 2015. Western received three Alternating Current Intertie, Third-Party comments, each in support of the three- Description: § 205(d) Rate Filing: Transmission Service; and Information Mustang Shared Facilities Agreement to year rate extension. Formula rates on the Path 15 Transmission Upgrade- previously confirmed and approved by be effective 4/25/2016. Rate Order No. WAPA–173 Filed Date: 2/25/16. FERC, for which no adjustment is Accession Number: 20160225–5182. AGENCY: Western Area Power contemplated, may be extended by the Comments Due: 5 p.m. ET 3/17/16. Administration, DOE. Deputy Secretary on an interim basis, following notice of proposed extension Docket Numbers: ER16–1006–000. ACTION: Notice of Extension and Rate at least 30 days before expiration.2 Applicants: RE Mustang LLC. Order for Sierra Nevada Region’s Power, By Delegation Order No. 00–037.00A, Description: § 205(d) Rate Filing: Transmission, and Ancillary Services effective October 25, 2013, the Secretary Mustang LGIA Co Tenancy Agreement Formula Rates. of Energy delegated: (1) The authority to to be effective 4/25/2016. SUMMARY: The Western Area Power develop power and transmission rates to Filed Date: 2/25/16. Administration (Western) extends, on Western’s Administrator; (2) the Accession Number: 20160225–5183. an interim basis, the existing Central authority to confirm, approve, and place Comments Due: 5 p.m. ET 3/17/16. Valley Project power, transmission, and such rates into effect on an interim basis Docket Numbers: ER16–1007–000. ancillary services formula rates; to the Deputy Secretary of Energy; and Applicants: Amazon Energy, LLC. California-Oregon Transmission Project (3) the authority to confirm, approve, Description: § 205(d) Rate Filing: transmission formula rate; Pacific and place into effect on a final basis, to Amazon Energy, LLC Notice of Alternating Current Intertie remand, or to disapprove such rates to Succession to be effective 2/26/2016. transmission formula rate; and third- FERC. This extension is issued under Filed Date: 2/25/16. party transmission service formula rate. the Delegation Order and DOE rate Accession Number: 20160225–5185. This action extends Rate Schedules CV– extension procedures at 10 CFR Comments Due: 5 p.m. ET 3/17/16. F13, CPP–2, CV–T3, CV–NWT5, COTP– 903.23(a). Take notice that the Commission T3, PACI–T3, CV–TPT7, CV–UUP1, CV– FERC confirmed and approved Rate received the following public utility SPR4, CV–SUR4, CV–RFS4, CV–EID4, Order No. WAPA–156,3 Rate Schedules holding company filings: and CV–GID1 through September 30, CV–F13, CPP–2, CV–T3, CV–NWT5, Docket Numbers: PH16–5–000. 2019. The interim rates will be in effect COTP–T3, PACI–T3, CV–TPT7, CV– Applicants: Gaz Metro inc. until the Federal Energy Regulatory UUP1, CV–SPR4, CV–SUR4, CV–RFS4, Description: Gaz Metro inc. FERC 65– Commission (FERC) places the formula CV–EID4, and CV–GID1, for five years. B Waiver Notification. rates into effect on a final basis or until These formula rates expire on Filed Date: 2/24/16. superseded. September 30, 2016. The rates and Accession Number: 20160224–5150. DATES: This action is effective October revenue requirements resulting from the Comments Due: 5 p.m. ET 3/16/16. 1, 2016. approved formula rate methodologies The filings are accessible in the FOR FURTHER INFORMATION CONTACT: Mr. are recalculated each year, based on Commission’s eLibrary system by Subhash Paluru, Regional Manager, updated financial and operational data. clicking on the links or querying the Sierra Nevada Region, Western Area The existing formula rates provide docket number. Power Administration, 114 Parkshore sufficient revenue to repay all annual Any person desiring to intervene or Drive, Folsom, CA 95630–4710, expenses, including interest expense, protest in any of the above proceedings telephone (916) 353–4418, email and to repay capital investments within must file in accordance with Rules 211 [email protected]; or Ms. Regina Rieger, the allowable periods, thus ensuring and 214 of the Commission’s Rates Manager, Sierra Nevada Region, repayment within the cost recovery Regulations (18 CFR 385.211 and Western Area Power Administration, criteria set forth in DOE Order RA 385.214) on or before 5:00 p.m. Eastern 114 Parkshore Drive, Folsom, CA 6120.2. time on the specified comment date. 95630–4710, telephone (916) 353–4629, Upon consideration of Western’s Protests may be considered, but email [email protected]. proposal and the comments received, I hereby approve, on an interim basis, intervention is necessary to become a SUPPLEMENTARY INFORMATION: On August Rate Order No. WAPA–173, which party to the proceeding. 25, 2015, Western published a notice in extends, without adjustment, the eFiling is encouraged. More detailed the Federal Register 1 in which Western existing power, transmission, and information relating to filing proposed to extend, without adjustment, ancillary service formula rates in the requirements, interventions, protests, the existing Central Valley Project above Rate Schedules through service, and qualifying facilities filings power, transmission, and ancillary can be found at: http://www.ferc.gov/ services formula rates; California- 2 See 10 CFR 903.23(a). docs-filing/efiling/filing-req.pdf. For Oregon Transmission Project 3 See U. S. Dept. of Energy, Western Area Power other information, call (866) 208–3676 Admin., Docket No. EF11–9–000, 137 FERC (toll free). For TTY, call (202) 502–8659. 1 See 80 FR 51556 (August 25, 2015). ¶ 62,201 (2011).

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September 30, 2019. Rate Order No. 156,1 Rate Schedules CV–F13, CPP–2, Dated: February 26, 2016. WAPA–173 will be submitted to FERC CV–T3, CV–NWT5, COTP–T3, PACI– Elizabeth Sherwood-Randall, for confirmation and approval on a final T3, CV–TPT7, CV–UUP1, CV–SPR4, Deputy Secretary of Energy. basis. CV–SUR4, CV–RFS4, CV–EID4, and [FR Doc. 2016–04876 Filed 3–3–16; 8:45 am] Dated: February 26, 2016. CV–GID1. FERC approved the rates for BILLING CODE 6450–01–P five years through September 30, 2016. Elizabeth Sherwood-Randall, On August 25, 2015, Western published Deputy Secretary of Energy. a notice in the Federal Register ENVIRONMENTAL PROTECTION DEPARTMENT OF ENERGY proposing to extend the existing formula AGENCY Rate Schedules for three years, without Deputy Secretary adjustment.2 In accordance with 10 CFR [ER–FRL–9025–8] 903.23(a), Western provided for a In the Matter of: Western Area Power Environmental Impact Statements; consultation and comment period that Administration Extension of Formula Rates Notice of Availability for the Central Valley Project, California- ended on September 24, 2015. Western Oregon Transmission Project, Pacific received three comments, each in Responsible Agency: Office of Federal Alternating Current Intertie, and Third-Party support of the three-year rate extension. Activities, General Information (202) Transmission Service; and Information on Discussion 564–7146 or http://www2.epa.gov/nepa. the Path 15 Transmission Upgrade, Rate Weekly receipt of Environmental Impact Order No. WAPA–173. The power, transmission, and Statements (EISs) ancillary service formula rates, Rate Order Confirming, Approving, And Filed 02/22/2016 Through 02/26/2016, Schedules CV–F13, CPP–2, CV–T3, CV– Pursuant to 40 CFR 1506.9. Placing The Central Valley Project, NWT5, COTP–T3, PACI–T3, CV–TPT7, California-Oregon Transmission CV–UUP1, CV–SPR4, CV–SUR4, CV– Notice Project, Pacific Alternating Current RFS4, CV–EID4, and CV–GID1, Section 309(a) of the Clean Air Act Intertie, And Third-Party Transmission approved under Rate Order No. WAPA– requires that EPA make public its Service Formula Rates Into Effect On 156, expire on September 30, 2016. The comments on EISs issued by other An Interim Basis existing formula rate methodologies are Federal agencies. EPA’s comment letters recalculated at least annually and These rates were established in on EISs are available at: https:// provide adequate revenue to recover accordance with section 302 of the cdxnodengn.epa.gov/cdx-nepa-public/ annual expenses, including interest Department of Energy (DOE) action/eis/search. expense, and repay capital investments Organization Act (42 U.S.C. 7152). This EIS No. 20160047, Final Supplement, within allowable time periods, thus Act transferred to and vested in the NNSA, TN, Production of Tritium in ensuring repayment within the cost Secretary of Energy the power marketing a Commercial Light Water Reactor, recovery criteria set forth in DOE Order functions of the Secretary of the Review Period Ends: 04/04/2016, RA 6120.2. Department of the Interior and the Contact: Curtis Chambellan 505–845– Rate Order No. WAPA–173 extends, Bureau of Reclamation under the 5073. without adjustment, the existing Reclamation Act of 1902 (Ch. 1093, 32 EIS No. 20160048, Final, USAF, AK, formula Rate Schedules CV–F13, CPP– Stat. 388), as amended and United States Air Force F–35A 2, CV–T3, CV–NWT5, COTP–T3, PACI– supplemented by subsequent laws, Operational Beddown-Pacific, Review T3, CV–TPT7, CV–UUP1, CV–SPR4, particularly section 9(c) of the Period Ends: 04/04/2016, Contact: CV–SUR4, CV–RFS4, CV–EID4, and Reclamation Project Act of 1939 (43 Toni Ristau 907–377–2116. CV–GID1 through September 30, 2019, U.S.C. 485h(c)), section 5 of the Flood EIS No. 20160049, Final, DOE, NM, thereby continuing to ensure project Control Act of 1944 (16 U.S.C. 825s), Disposal of Greater-than-Class-C repayment within the cost recovery and other acts that specifically apply to (GTCC) Low-Level Radioactive Waste criteria. the project involved. and GTCC-Like Waste, Review Period By Delegation Order No. 00–037.00A, Ends: 04/04/2016, Contact: Theresa J. effective October 25, 2013, the Secretary Order Kliczewski 202–586–3301. EIS No. 20160050, Final, USFS, CA, Jess of Energy delegated: (1) The authority to In view of the above and under the Project, Review Period Ends: 04/04/ develop power and transmission rates to authority delegated to me, I hereby 2016, Contact: Danika Carlson 530– the Administrator of the Western Area extend, on an interim basis, the existing 468–1225. Power Administration (Western); (2) the power, transmission, and ancillary EIS No. 20160051, Draft, DOC, PRO, authority to confirm, approve, and place services formula Rate Schedules CV– Programmatic—Nationwide Public such rates into effect on an interim basis F13, CPP–2, CV–T3, CV–NWT5, COTP– Safety Broadband Network for the to the Deputy Secretary of Energy; and T3, PACI–T3, CV–TPT7, CV–UUP1, CV– Non-Contiguous United States, (3) the authority to confirm, approve, SPR4, CV–SUR4, CV–RFS4, CV–EID4, Comment Period Ends: 05/03/2016, and place into effect on a final basis, to and CV–GID1. Rate Order No. WAPA– Contact: Amanda Pereira 571–665– remand, or to disapprove such rates to 173 extends, without adjustment, the 6141. the Federal Energy Regulatory existing formula rates through EIS No. 20160052, Final, USACE, CA, Commission (FERC). This extension is September 30, 2019. The formula rates Cordova Hills, Review Period Ends: issued pursuant to the Delegation Order shall be in effect on an interim basis, 04/04/2016, Contact: Lisa M. Gibson and DOE rate extension procedures at pending FERC’s confirmation and 916–557–5288. 10 CFR 903.23(a). approval of this extension or substitute EIS No. 20160053, Final Supplement, rate on a final basis. Background TVA, TN, Adoption—Production of Tritium in a Commercial Light Water On December 2, 2011, FERC 1 See U.S. Dept. of Energy, Western Area Power Admin., Docket No. EF11–9–000, 137 FERC Reactor, Contact: Charles P. Nicholson confirmed and approved the existing ¶ 62,201 (2011). 865–632–3582. The Tennessee Valley formula rates, Rate Order No. WAPA– 2 See 80 FR 51556 (August 25, 2015). Authority is adopting the U.S.

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Department of Energy’s National ADDRESSES: All persons who request a that explain how eligible persons may Nuclear Security Administration’s hearing must comply with the Agency’s request a hearing and the consequences FSEIS #20160047, filed with EPA on Rules of Practice Governing Hearings, of requesting or failing to request such 02/24/2016. TVA is a cooperating 40 CFR part 164. Requests for hearing a hearing (see Unit VII.). agency for the project. Therefore, must be filed with the Hearing Clerk in B. What is the Agency’s authority for recirculation of the document is not EPA’s Office of Administrative Law taking these actions? necessary under Section 1306.3(c) of Judges (‘‘OALJ’’), in conformance with the CEQ Regulations. the requirements of 40 CFR part 164. The Agency’s authority is contained The OALJ uses different addresses in section 6(e) of FIFRA, 7 U.S.C. Amended Notices depending on the delivery method. 136d(e). EIS No. 20150343, Draft, NPS, AZ, Please see Unit VII. for specific C. Who is affected by this action? Backcountry Management Plan Grand instructions. This announcement will directly Canyon National Park, Comment FOR FURTHER INFORMATION CONTACT: Period Ends: 04/04/2016, Contact: affect the pesticide registrants listed in Susan Lewis, Registration Division Unit I.A. and others who may distribute, Rachel Bennett 928–638–7326. (7505P), Office of Pesticide Programs, Revision to FR Notice Published 12/ sell or use the products listed in Unit Environmental Protection Agency, 1200 I.A. This announcement may also be of 11/2015; Extending Comment Period Pennsylvania Ave. NW., Washington, from 03/04/2016 to 04/04/2016. particular interest to a wide range of DC 20460–0001; main telephone stakeholders including environmental, EIS No. 20160028, Final, FHWA, WI, I– number: (703) 305–7090; email address: human health, farm worker, and 94 East-West Corridor (70th St–16th [email protected]. agricultural advocates; the chemical St), Review Period Ends: 04/15/2016, SUPPLEMENTARY INFORMATION: industry; pesticide users; and members Contact: Michael Davies 608–829– of the public interested in the sale, 7500. Revision to FR Notice Published I. Executive Summary distribution, or use of pesticides. EPA 02/12/2016; Extending Comment A. What action is the Agency taking? believes the stakeholders described Period from 03/14/2016 to 04/15/ above encompass those likely to be 2016. EPA is announcing its intent to cancel the registration of four (4) pesticide affected; however, more remote effects Dated: March 1, 2016. products containing the insecticide are possible, and the Agency has not Dawn Roberts, flubendiamide owing to the registrants’ attempted to describe all the other Management Analyst, NEPA Compliance failure to comply with a required specific entities that may be affected by Division, Office of Federal Activities. condition of their registrations. this action. [FR Doc. 2016–04833 Filed 3–3–16; 8:45 am] Specifically, EPA intends to cancel each II. Legal Authority BILLING CODE 6560–50–P of the following pesticide products, FIFRA generally governs pesticide listed in sequence by EPA registration sale, distribution, and use in the United number. ENVIRONMENTAL PROTECTION • EPA Reg. No. 264–1025—BELT SC States and establishes a federal AGENCY Insecticide. registration scheme that generally • EPA Reg. No. 71711–26— precludes distributing or selling any [EPA–HQ–OPP–2007–0099; FRL–9943–25] FLUBENDIAMIDE Technical. pesticide that has not been ‘‘registered’’ • EPA Reg. No. 71711–32—VETICA by EPA. 7 U.S.C. 136a(a). A FIFRA Flubendiamide; Notice of Intent To Insecticide. registration is a license that establishes Cancel Pesticide Registrations • EPA Reg. No. 71711–33— the terms and conditions under which TOURISMO Insecticide. a pesticide may be lawfully sold, AGENCY: Environmental Protection The following is a list of the names distributed, and used. See id. 7 U.S.C. Agency (EPA). and addresses of record for all 136a(c)(1)(A)–(F) and 136a(d)(1). ACTION: Notice. registrants of the products listed in this The flubendiamide products at issue unit, in sequence by EPA company in this proceeding were conditionally SUMMARY: Pursuant to section 6(e) of the number (this number corresponds to the registered pursuant to FIFRA section Federal Insecticide, Fungicide and first part of the EPA registration 3(c)(7)(C) and EPA’s regulations at 40 Rodenticide Act (FIFRA), EPA hereby numbers of the products). CFR 152.114 and 152.115. Those announces its intent to cancel the • EPA Co. No. 264—Bayer provisions allow that a conditional registration of four (4) pesticide CropScience LP, P.O. Box 12014, 2 T.W. registration of an active ingredient not products containing the insecticide Alexander Drive, Research Triangle contained in any currently registered flubendiamide owing to the registrants’ Park, NC 27709–2014. products be registered for a reasonably failure to comply with a required • EPA Co. No. 71711—Nichino sufficient time for the registrant to condition of their registrations. This America, Inc., 4550 New Linden Hill generate and submit newly-required document identifies the products at Road, Suite 501, Wilmington, DE data on the condition that by the end of issue, summarizes EPA’s basis for these 19808–2951. such time the Administrator determines actions, and explains how adversely In addition, this document the data do not meet or exceed risk affected persons may request a hearing summarizes EPA’s legal authority for criteria and subject to such other and the consequences of requesting or the proposed cancellation (see Unit II.), conditions as the Administrator may failing to request such a hearing. the registrants’ failure to comply with a prescribe. The conditional registration DATES: Under FIFRA section 6(e), required condition of registration (see provision was added to FIFRA to affected registrants and other adversely Unit III.), EPA’s existing stocks address the inequity created by the affected persons must request a hearing determination (see Unit IV.), scope of then-existing statutory scheme between within 30 days from the date that the the ensuing cancellation proceeding if a existing registrants and new applicants, affected registrant received EPA’s Notice hearing is requested (see Unit V.), and to provide a ‘‘middle ground’’ in the of Intent to Cancel. Please see Unit timing of cancellation of registration registration process between totally VII.A.2. for specific instructions. (see Unit VI.), and procedural matters denying registration and granting it. See

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Woodstream Corp. v Jackson, 845 F. III. Registrants’ Failure To Comply degradate NNI–001-des-iodo to Supp. 2d. 174,181 (D.D.C. 2012). With a Required Condition of invertebrates of aquatic systems; in light However, the utility of conditional Registration of these concerns, the conditional registrations depends on affected Flubendiamide is an insecticide registrations required use of vegetative registrants’ compliance with the terms which targets lepidoptera pests filter strips and submission of and conditions of their registrations. If approved for use on corn, cotton, additional data to address the concerns. registrants accept registrations subject to tobacco, tree fruits, nuts, vegetables, and In addition, instead of the registrations conditions, but then fail to honor those vine crops. EPA has determined that the automatically expiring on a date certain, conditions, EPA could well become flubendiamide registrations listed in a condition was added that obligated the more restrictive in its use of the Unit I.A. should be cancelled because registrants to expeditiously request conditional registration authority, and the registrants have failed to satisfy a voluntary cancellation of the society would lose some of the benefits required condition of their registrations. registrations if EPA notified them that offered by a flexible registration process. EPA issued conditional registrations EPA determined the registrations did not meet the FIFRA standard for FIFRA section 6(e) establishes for each of the flubendiamide products registration. procedures for cancellation of identified in Unit I.A., beginning with conditional registrations issued the issuance of Flubendiamide The Registrants understood and pursuant to FIFRA section 3(c)(7). Technical and Belt SC Insecticide on agreed by signing the PAL that if, after Pursuant to FIFRA section 6(e), the August 1, 2008. The Notices of EPA review of the referenced Administrator is required to issue a Registration (‘‘NOR’’) issued on August conditional data, EPA were to make a notice of intent to cancel a conditional 1, 2008, state that the product is determination that continued registration under FIFRA section 3(c)(7) conditionally registered in accordance registration of flubendiamide products if (1) during the period provided for the with FIFRA section 3(c)(7), will result in unreasonable adverse satisfaction of the condition, the incorporating by reference conditions of effects on the environment, EPA would Administrator determines that the registration set forth in EPA’s notify the Registrants, and within one registrant has failed to initiate and preliminary acceptance letter (‘‘PAL’’). (1) week of notification of this finding, pursue appropriate action to satisfy any Vetica and Tourismo flubendiamide the Registrants would submit a request imposed condition, or (2) at the end of registrations were issued March 4, 2009, for voluntary cancellation of all the the period provided for satisfaction of and the PAL applied to those flubendiamide registrations. Without any condition, the condition has not registrations as well. The NOR states that condition, the registration would been satisfied. The Administrator is that ‘‘release for shipment of these likely not have been approved by EPA. authorized to permit the sale and use of products constitutes acceptance of the Moreover, pursuant to the terms of the existing stocks of a pesticide whose conditions of registration as outlined in NORs for the four flubendiamide conditional registration has been the preliminary acceptance letter for registrations, each Registrant accepted all conditions of their flubendiamide canceled to such extent and subject to flubendiamide, dated July 31, 2008. If registrations—expressly including the such conditions as the Administrator these conditions are not complied with, conditions specified in the PAL—upon may specify, if the Administrator the registration will be subject to sale or distribution of pesticide products determines that such sale or use is not cancellation in accordance with section pursuant to those registrations. The inconsistent with the purposes of this 6(e) of FIFRA.’’ The Registrants Registrants were notified on January 29, Act and will not have unreasonable subsequently released each of these 2016 that EPA had made such a finding adverse effects on the environment. products for shipment, thereby accepting the specified conditions of and, under the terms of the time- If a hearing is requested by an registration. limited/conditional registration, the adversely affected party, a hearing shall EPA’s PAL for flubendiamide (which, Registrants were obligated to submit an be conducted in accordance with FIFRA as noted previously, included appropriate request for voluntary section 6(d) and 40 CFR part 164 (the conditions of registration which were cancellation to EPA by or before regulations establishing the procedures specifically incorporated into the NORs) February 5, 2016. Letter to Ms. Nancy for hearings under FIFRA). The scope of was issued on July 31, 2008, and Delaney, Regulatory Manager, a hearing under FIFRA section 6(e) is specified the conditions under which Authorized Agent for Nichino America, quite narrow; FIFRA provides that the EPA would approve registration of the Inc., c/o Bayer CropScience, from Jack only matters for resolution at that flubendiamide products. The E. Housenger, Director, Office of hearing shall be whether the registrant flubendiamide registrants, Bayer Pesticide Programs, January 29, 2016. has initiated and pursued appropriate CropScience LP, as authorized agent for On February 5, 2016, Bayer submitted a action to comply with the condition or Nichino America, Inc., agreed to these letter to EPA on its behalf and as conditions within the time provided or terms by concurring with the regulatory agent for Nichino, informing whether the condition or conditions Registration Division’s intended terms EPA that neither registrant would have been satisfied within the time and conditions of registration. comply with the condition to submit provided, and whether the Application for a New Section 3 voluntary cancellation requests for the Administrator’s determination with Registration of Flubendiamide with flubendiamide registrations. Response respect to the disposition of existing Associated Tolerance, July 31, 2008. At to Request to Submit Voluntary stocks is consistent with FIFRA. A the time of registration, the product was Cancellation Requests for decision after completion of the hearing conditionally registered subject to a Flubendiamide Technical Registration is final. Consistent with the narrowness time limit of 5 years. EPA required and Associated End Use Products, of the scope of hearing, the statute also flubendiamide to be conditionally February 5, 2016. Consistent with the provides that a hearing under FIFRA registered because of concerns regarding position stated in the February 5, 2016 section 6(e) shall be held and a flubendiamide’s mobility, stability/ letter, neither Bayer nor Nichino has determination made within seventy-five persistence, accumulation in soils, submitted a voluntary cancellation (75) days after receipt of a request for water columns and sediments, and the request in response to EPA’s letter of hearing. extremely toxic nature of the primary January 29, 2016. Once EPA exercised

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the registration condition set forth in the right to continue to distribute or sell approved-labeling accompanying the NOR, the registrants’ failure to comply existing stocks of a cancelled pesticide. product. The quantity of existing stocks with that condition of registration by Per FIFRA section 6(a)(1), the of these products currently in the hands submitting requests for voluntary disposition of existing stocks of of end users is expected to be cancellation makes the flubendiamide cancelled pesticides is at the discretion sufficiently low that the costs and risks products identified in Unit I.A. subject of the Administrator. Inasmuch as the associated with collecting them for to cancellation under FIFRA section disposition of existing stocks of a disposal would be high compared to 6(e). cancelled pesticide is at EPA’s those associated with the use of the discretion, EPA considers it cancelled product in accordance with IV. EPA’s Existing Stocks inappropriate to reward registrants who its labeling. When containers of Determination disregard the terms and conditions of flubendiamide have already been Existing stocks of cancelled pesticides registration, like the condition at issue opened, transporting them can create a are those products that were ‘‘released here, by allowing any distribution or greater risk of spillage. Open containers for shipment’’ before the effective date sale of existing stocks. This is not a case also create additional burden when sent of cancellation. FIFRA sections 6(a)(1) where the registrants have made a for disposal because proper disposal and 6(e) allow the Agency to permit the diligent effort to comply with the may require that the content be verified, continued sale and use of existing condition of registration, only to fail adding additional expense. Because of stocks of pesticides that have been through circumstances beyond their the probable wide dispersal of product cancelled, to the extent that the control. Rather, they simply refuse to in user’s hands, notification and Administrator determines that such sale comply with a condition they earlier subsequent supervision of users or use would not be inconsistent with chose to accept in order to obtain the imposes significant costs on state and/ the purposes of this Act. 7 U.S.C. registration initially. Their refusal to or federal authorities. EPA may amend 136d(a)(1). FIFRA section 6(a)(1) comply with the condition will likely its position regarding use of existing authorizes the Administrator to ‘‘permit delay the cancellation for a number of stocks of end-use flubendiamide the continued sale and use of existing months, during which time they may products at hearing if the quantity of stocks of a pesticide whose registration not only continue to sell and distribute those products in the hands of end users is suspended or canceled . . . under the previously-produced product that increases prior to cancellation. For these such conditions, and for such uses as should by the terms and conditions of reasons, EPA intends to allow existing the Administrator determines that such registration now be cancelled, but also stocks of the end-use flubendiamide sale or use is not inconsistent with the to continue to produce, sell and products EPA Reg. Nos. 264–1025, purposes of this Act.’’ distribute additional quantities until 71711–32, and 71711–33, in the hands EPA’s policy in regard to the cancellation through the FIFRA section of end users to be used until exhausted. 6(e) proceeding. For these reasons, and disposition of existing stocks of V. Scope of Proceeding cancelled pesticides appears in a policy consistent with EPA’s existing stocks statement issued in 1991 and amended policy, EPA has determined that it The scope of a hearing under FIFRA in 1996. (56 FR 29362, June 26, 1991 would not be appropriate to allow any section 6(e) is quite narrow; FIFRA (FRL–3846–4) and 61 FR 16632, April further sale or distribution, by any provides that the only matters for 16, 1996 (FRL–5363–8)). The existing person, of existing stocks of the resolution at that hearing shall be stocks policy indicates that although products identified in Unit I.A. after whether the registrant has initiated and registrants who fail to satisfy a general those registrations are cancelled, except pursued appropriate action to comply condition (i.e., one which requires a to the extent that distribution is for with the condition or conditions within registrant to submit required data when purposes of returning material back up the time provided or whether the all other registrants of the similar the channels of trade, for purposes of condition or conditions have been product are required to do so) would disposal, or for purposes of lawful satisfied within the time provided, and typically be allowed to distribute and export. whether the Administrator’s determination with respect to the sell existing stocks of the cancelled EPA has determined that use of disposition of existing stocks is pesticide for one year, existing stocks of the technical flubendiamide registration (EPA Reg. consistent with FIFRA. The Statute also On the other hand, if a registrant of a No. 71711–26) should be prohibited provides that a hearing under FIFRA conditional registration fails to comply with upon the cancellation of that section 6(e) shall be held and a a specific condition identified at the time the determination made within seventy-five registration was issued, the Agency does not registration. Technical products are believe it is generally appropriate to allow used solely for the purpose of days after receipt of a request for any sale and use of existing stocks if the manufacturing other pesticide products. hearing. registration is cancelled. Accordingly, the For the same reason discussed above A FIFRA section 6(e) proceeding is Agency does not anticipate allowing a with respect to sale and distribution of intended only to address whether registrant to sell or distribute existing stocks cancelled products, EPA believes it conditions of registration have been of cancelled products that were conditionally would be inappropriate to allow use of met, not to assess the merits of registered if the registrant fails to existing stocks of EPA Reg. No. 71711– conditions or whether the registrants demonstrate compliance with any specific 26 to produce additional flubendiamide disagree with the conditions of their requirements set forth in the conditional pesticide products unless those approved registration. Similarly, the registration. 56 FR at 29366–67. products are clearly designated solely FIFRA section 6(e) proceeding is limited The registration condition in the for lawful export. to whether the Agency’s existing stocks instant case is specific and was EPA believes it would be appropriate determination ‘‘is consistent’’ with identified at the time the registration to allow continued use of existing stocks FIFRA, not whether the existing stock was issued, so the Agency does not of the cancelled end-use flubendiamide provisions of the NOIC strike an optimal intend to allow any sale or distribution products EPA Reg. Nos. 264–1025, balance between the risks and benefits of existing stocks. 71711–32, and 71711–33, currently held associated with the distribution, sale Neither FIFRA nor any other law by end users, provided that such use is and use of existing stocks of a cancelled gives the registrant or anyone else a consistent with the previously pesticide. FIFRA section 6(e)(2)

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provides that where a FIFRA section period for requesting a hearing is Documents that a party hand delivers 6(e) cancellation hearing is requested, calculated from the date the affected or sends using a courier or commercial the scope of the hearing and the registrant receives the Notice of Intent to delivery service (such as Federal standard of review in regard to the Cancel, without regard to the date of Express or UPS) must be addressed to Administrator’s determination with issuance or publication in the Federal the following OALJ hand delivery respect to the disposition of existing Register. EPA issued this Notice of address: U.S. Environmental Protection stocks is limited to whether that Intent to Cancel and promptly sent it to Agency, Office of Administrative Law determination is consistent with FIFRA. each registrant by certified mail on Judges, Ronald Reagan Building, Rm. Congress mandated a final decision February 29, 2016. Registrants will be M1200, 1300 Pennsylvania Ave. NW., within seventy-five (75) days, and a able to calculate the deadline for their Washington, DC 20460. broader or more complex hearing could request based on their receipt of the B. The Hearing not reasonably be completed in such a Notice of Intent to Cancel. In order to limited timeframe. Accordingly, the assure that any requests for hearing from If a hearing concerning any product only matters for resolution in any persons other than the registrants are affected by this document is requested hearing requested regarding this matter received in a timely manner, persons in a timely and effective manner, the shall be whether the registrants satisfied other than the registrants who wish to hearing will be governed by the the condition of registration requiring submit a request for hearing are urged Agency’s Rules of Practice Governing them to submit timely requests for to assume that the registrants received Hearings under FIFRA, 40 CFR part 164, voluntary cancellation when notified by the Notice of Intent to Cancel on March and the procedures set forth in Unit VII. EPA of its determination that the 1, 2016, and make sure that a request for Any interested person may participate registrations caused unreasonable hearing is received by EPA’s Office of in the hearing, in accordance with 40 adverse effects on the environment, and Administrative Law Judges on or before CFR 164.31. whether the proposed existing stocks March 31, 2016. Documents and transcripts will be provision is consistent with FIFRA. 3. How must a hearing be requested? available in the Administrative Law All persons who request a hearing must Judges’ Electronic Docket Database VI. Timing of Cancellation of comply with the Agency’s Rules of available at http://yosemite.epa.gov/ Registration Practice Governing Hearings under oarm/alj/alj_web_docket.nsf. The The cancellation of registration of FIFRA, 40 CFR part 164. Among other physical public docket for the hearing is each of the specific products identified requirements, these rules include the located at the U.S. Environmental in Unit I.A. will be final and effective following requirements: Protection Agency, Office of thirty (30) days after the date of receipt a. Each hearing request must Administrative Law Judges, Ronald by the registrant, unless a valid hearing specifically identify by registration or Reagan Building, Rm. M1200, 1300 request is received regarding that accession number each individual Pennsylvania Ave. NW., Washington, specific flubendiamide product. pesticide product concerning which a DC 20460 and documents can be viewed In the event a hearing is held hearing is requested, 40 CFR 164.22(a); from 8:30 a.m. to 4:30 p.m., Monday concerning a particular product, the b. Each hearing request must be through Friday, except federal holidays. accompanied by a document setting cancellation of the registration for that List of Subjects product will not become effective forth specific objections which respond except pursuant to a final order issued to the Agency’s reasons for proposing Environmental protection, Pesticides by the Environmental Appeals Board or cancellation as set forth in this and pests, Cancellation. (if the matter is referred to the document and state the factual basis for Dated: February 29, 2016. Administrator pursuant to 40 CFR each such objection, 40 CFR 164.22(a); Louise P. Wise, 164.2(g)) the Administrator, or an initial and Acting Assistant Administrator, Office of decision of the presiding Administrative c. Each hearing request must be Chemical Safety and Pollution Prevention. received by the OALJ within the Law Judge that becomes a final order [FR Doc. 2016–04905 Filed 3–3–16; 8:45 am] applicable 30-day period (40 CFR pursuant to 40 CFR 164.90(b). Pursuant BILLING CODE 6560–50–P to FIFRA section 6(e)(2), such order 164.5(a)). shall issue within seventy-five (75) days Failure to comply with any one of after receipt of a request for hearing. these requirements will invalidate the ENVIRONMENTAL PROTECTION request for a hearing and, in the absence AGENCY VII. Procedural Matters of a valid hearing request, result in final This unit explains how eligible cancellation of registration for the [FRL–9943–37-Region 1] persons may request a hearing and the product in question by operation of law. 4. Where does a person submit a Proposed Cercla Administrative Cost consequences of requesting or failing to Recovery Settlement: Former Athol request such a hearing. hearing request? Requests for hearing must be submitted to the OALJ. The Rod and Gun Club Superfund Site, A. Requesting a Hearing OALJ uses different addresses Athol, Massachusetts 1. Who can request a hearing? A depending on the delivery method. AGENCY: Environmental Protection registrant or any other person who is Please note that mail deliveries to Agency (EPA). adversely affected by a cancellation as federal agencies are screened off-site, ACTION: Notice of proposed settlement; described in this document may request and this security procedure can delay request for public comments. a hearing. delivery. Documents that a party sends 2. When must a hearing be requested? using the U.S. Postal Service must be SUMMARY: Notice is hereby given of a A request for a hearing by a registrant addressed to the following OALJ proposed administrative cost settlement or other adversely affected person must mailing address: U.S. Environmental for recovery of response costs be submitted in writing within thirty Protection Agency, Office of concerning the Former Athol Rod and (30) days after the date of the registrant’s Administrative Law Judges, Mail Code Gun Club Superfund Site, located in receipt of the Notice of Intent to Cancel. 1900R, 1200 Pennsylvania Avenue NW., Athol, Worcester County, Massachusetts Under FIFRA section 6(e), the time Washington, DC 20460. with the Settling Party the Town of

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Athol. The proposed settlement requires 122(h)(l) of the Comprehensive telephone number. You will receive an the Settling Party to pay the Environmental Response, email confirmation from us. Please be Environmental Protection Agency (EPA) Compensation, and Liability Act prepared to show a photo identification $275,000, plus interest, to the (CERCLA). EPA covenants not to sue or when you arrive. If you need assistance Hazardous Substance Superfund to take administrative action against the for accessibility reasons, or if you have settle EPA’s past response costs, which Settling Party, the Town of Athol, any questions, contact Dale L. Aultman, currently amount to $3,434,307.47. In pursuant to Section 107(a) of CERCLA, Secretary to the Farm Credit System exchange, EPA will provide the Settling 42 U.S.C. 9607(a), for Past Response Insurance Corporation Board, at (703) Party with a covenant not to sue for past Costs. In exchange, the Settling Party 883–4009. The matters to be considered costs. The settlement has been approved agrees to pay EPA $275,000, plus at the meeting are: by the Environmental and Natural interest running from the effective date Open Session Resources Division of the United States of the Settlement Agreement through Department of Justice. For 30 days the date of payment. The Town will pay A. Approval of Minutes following the date of publication of this $100,000 thirty days after the effective • December 10, 2015—Regular notice, the Agency will receive written date of the Settlement Agreement, and Meeting comments relating to the settlement for $87,500 a year later, and a final $87,500 recovery of response costs. The Agency a year plus interest for each installment. B. Quarterly Business Reports will consider all comments received and For 30 days following the date of • FCSIC Financial Reports may modify or withdraw its consent to publication of this notice, the Agency • Report on Insured and Other this cost recovery settlement if will receive written comments relating Obligations comments received disclose facts or to the settlement for recovery of • Quarterly Report on Annual considerations which indicate that the response costs. Performance Plan settlement is inappropriate, improper, or inadequate. The Agency’s response to Dated: February 1, 2016. C. New Business Bryan Olson, any comments received will be available • Report on Investment Portfolio Director, Office of Site Remediation and for public inspection at the Athol Public • Presentation of 2015 Audit Results Library, 568 Main Street, Athol, MA Restoration. 01331 and at the Environmental [FR Doc. 2016–04903 Filed 3–3–16; 8:45 am] Closed Session Protection Agency—Region I, 5 Post BILLING CODE 6560–50–P • FCSIC Report on System Office Square, Suite 100, Boston, MA Performance 02109–3912. DATES: Comments must be submitted by FARM CREDIT SYSTEM INSURANCE Executive Session April 4, 2016. CORPORATION • Executive Session of the FCSIC ADDRESSES: Comments should be Board Audit Committee with the Farm Credit System Insurance addressed to Peter DeCambre, External Auditor Corporation Board; Regular Meeting Enforcement Counsel, U.S. Dated: March 1, 2016. Environmental Protection Agency, 5 SUMMARY: Notice is hereby given of the Dale L. Aultman, Post Office Square, Suite 100 (OES04– regular meeting of the Farm Credit Secretary, Farm Credit System Insurance 2), Boston, MA 02109–3912 (Telephone System Insurance Corporation Board Corporation Board. No. 617–918–1890) and should (Board). [FR Doc. 2016–04816 Filed 3–3–16; 8:45 am] reference the Former Athol Rod and Gun Club Site, U.S. EPA Docket No: 01– DATES: The meeting of the Board will be BILLING CODE 6710–01–P 2016–0003. held at the offices of the Farm Credit Administration in McLean, Virginia, on FOR FURTHER INFORMATION CONTACT: A March 10, 2016, from 1:00 p.m. until FEDERAL COMMUNICATIONS copy of the proposed settlement may be such time as the Board concludes its COMMISSION obtained from Stacy Greendlinger, business. Office of Site Remediation and [OMB 3060–0942] Restoration, U.S. Environmental ADDRESSES: Farm Credit System Protection Agency, Region I, 5 Post Insurance Corporation, 1501 Farm Information Collection Being Reviewed Office Square, Suite 100 (OSRR02–2), Credit Drive McLean, Virginia 22102. by the Federal Communications Boston, MA 02109–3912, (617) 918– Submit attendance requests via email to Commission Under Delegated 1403; [email protected]. [email protected]. See Authority Technical questions can also be directed SUPPLEMENTARY INFORMATION for further AGENCY: Federal Communications information about attendance requests. to Stacy Greendlinger. For legal Commission. questions, Peter DeCambre, Office of FOR FURTHER INFORMATION CONTACT: Dale ACTION: Notice and request for Environmental Stewardship, U.S. L. Aultman, Secretary to the Farm comments. Environmental Protection Agency, Credit System Insurance Corporation Region I, 5 Post Office Square, Suite 100 Board, (703) 883–4009, TTY (703) 883– SUMMARY: As part of its continuing effort (OES04–3), Boston, MA 02109–3912, 4056. to reduce paperwork burdens, and as (617) 918–1890; decambre.peter@ SUPPLEMENTARY INFORMATION: Parts of required by the Paperwork Reduction epa.gov. this meeting of the Board will be open Act (PRA) of 1995 (44 U.S.C. 3501– SUPPLEMENTARY INFORMATION: This to the public (limited space available), 3520), the Federal Communications proposed administrative settlement for and parts will be closed to the public. Commission (FCC or Commission) recovery of past response costs Please send an email to VisitorRequest@ invites the general public and other concerning the Former Athol Rod and FCA.gov at least 24 hours before the Federal agencies to take this Gun Club Superfund Site, located in meeting. In your email include: name, opportunity to comment on the Athol, Worcester County, Massachusetts postal address, entity you are following information collections. is made in accordance with Section representing (if applicable), and Comments are requested concerning:

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Whether the proposed collection of Privacy Act Impact Assessment: No FEDERAL COMMUNICATIONS information is necessary for the proper impact(s). COMMISSION performance of the functions of the Nature and Extent of Confidentiality: Commission, including whether the The Commission is not requesting [OMB 3060–0775] information shall have practical utility; respondents to submit confidential the accuracy of the Commission’s Information Collection Being Reviewed information to the Commission. If the burden estimate; ways to enhance the by the Federal Communications Commission requests respondents to quality, utility, and clarity of the Commission information collected; ways to minimize submit information to the Commission AGENCY: Federal Communications the burden of the collection of that the respondents believe are Commission. information on the respondents, confidential, respondents may wish including the use of automated request confidential treatment of such ACTION: Notice and request for collection techniques or other forms of information pursuant to 47 CFR 0.459 of comments. the Commission’s rules. information technology; and ways to SUMMARY: As part of its continuing effort further reduce the information Needs and Uses: The Commission is to reduce paperwork burdens, and as collection burden on small business requesting an extension of a currently required by the Paperwork Reduction concerns with fewer than 25 employees. approved collection from the Office of Act (PRA) of 1995 (44 U.S.C. 3501– The FCC may not conduct or sponsor a Management and Budget (OMB). There 3520), the Federal Communications collection of information unless it is no change in the reporting, Commission (FCC or the Commission) displays a currently valid OMB control recordkeeping and/or third party invites the general public and other number. No person shall be subject to disclosure requirements. Federal agencies to take this any penalty for failing to comply with opportunity to comment on the a collection of information subject to the The Report and Order, FCC 00–193, required the Commission to take action following information collection. PRA that does not display a valid OMB Comments are requested concerning: control number. to further accelerate the development of competition in the local and long- Whether the proposed collection of DATES: Written PRA comments should information is necessary for the proper be submitted on or before May 3, 2016. distance telecommunications markets, and to further establish explicit performance of the functions of the If you anticipate that you will be Commission, including whether the universal service support that will be submitting comments, but find it information shall have practical utility; sustainable in an increasingly difficult to do so within the period of the accuracy of the Commission’s time allowed by this notice, you should competitive marketplace, pursuant to burden estimate; ways to enhance the advise the contact listed below as soon the mandate of the Telecommunications quality, utility, and clarity of the as possible. Act of 1996. The Order required price information collected; ways to minimize ADDRESSES: Direct all PRA comments to cap local exchange carriers (LECs) to the burden of the collection of Nicole Ongele, FCC, via email to PRA@ modify their annual access tariff filings information on the respondents, fcc.gov and to [email protected]. by: (1) Subtracting from their July 2000 including the use of automated FOR FURTHER INFORMATION CONTACT: For tariff filings the estimated universal collection techniques or other forms of additional information about the service support that they were to receive information technology; and ways to information collection, contact Nicole from Universal Service Administrative further reduce the information Ongele at (202) 418–2991. Company (USAC) over that year; (2) collection burden on small business SUPPLEMENTARY INFORMATION: consolidating the access revenues that concerns with fewer than 25 employees. OMB Control Number: 3060–0942. they examined to determine whether to The FCC may not conduct or sponsor Title: Access Charge Reform, Price charge the subscriber line charge (SLC) a collection of information unless it Cap Performance Review for Local cap or the actual cost of their access displays a currently valid control Exchange Carriers, Low-Volume Long lines; (3) if they choose to deaverage number. No person shall be subject to Distance Users, Federal-State Joint their SLC, adding up the components of any penalty for failing to comply with Board on Universal Service. their averaged traffic sensitive charges a collection of information subject to the Form Number: N/A. to test whether the charges have reached PRA that does not display a valid Office Type of Review: Extension of a the target rate; and (4) calculating their of Management and Budget (OMB) currently approved collection. SLC rates by Unbundled Network control number. Respondents: Business or other for- Element Zone. See 47 CFR 61.45–61.49. DATES: Written PRA comments should profit. The Commission requires price cap be submitted on or before May 3, 2016. Number of Respondents and LECs who choose not to follow the If you anticipate that you will be Responses: 20 respondents; 20 voluntary portions of the CALLS submitting comments, but find it responses. Proposal to submit cost support difficult to do so within the period of Estimated Time per Response: 2–15 time allowed by this notice, you should hours. information, which the Commission would use to set their access rate levels. advise the contact listed below as soon Frequency of Response: Annual as possible. reporting requirements, third party Federal Communications Commission. ADDRESSES: Direct all PRA comments to disclosure requirements and Gloria J. Miles, Nicole Ongele, FCC, via email PRA@ recordkeeping requirement. Federal Register Liaison Officer, Office of the fcc.gov and to [email protected]. Obligation to Respond: Required to Secretary. obtain or retain benefits. Statutory FOR FURTHER INFORMATION CONTACT: For [FR Doc. 2016–04839 Filed 3–3–16; 8:45 am] authority for this information collection additional information about the is contained in 47 U.S.C. 1, 4(i), and (j), BILLING CODE 6712–01–P information collection, contact Nicole 201–209, 218–222, 254 and 403. Ongele at (202) 418–2991. Total Annual Burden: 56 hours. SUPPLEMENTARY INFORMATION: Total Annual Cost: No cost. OMB Control Number: 3060–0775.

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Title: Section 64.1903, Obligations of there has been a change to and Trust Company, Center Point, Iowa; Independent Incumbent Local Exchange recordkeeping requirement and the Peoples Trust and Savings Bank, Carriers (LECs) Subject to Rate of Return Commission’s previous burden Riverside, Iowa; Hiawatha Bank and Regulation. estimates. Trust Company, Hiawatha, Iowa; White Form Number: N/A. This recordkeeping requirement is State Bank, South English, Iowa; The Type of Review: Extension of a used by the Commission to ensure that Exchange State Bank, Springville, Iowa; currently approved collection. independent incumbent LECs that Lone Tree Service Company, Lone Tree, Respondents: Business or other for- provide international, interexchange Iowa, and Farmers and Merchants profit. services do so in compliance with the Savings Bank, Iowa City, Iowa. Number of Respondents and Communications Act, as amended, and Responses: 255 respondents; 255 Board of Governors of the Federal Reserve with Commission policies and System, March 1, 2016. responses. regulations. Estimated Time per Response: 500 Michael J. Lewandowski, hours–6,056 hours. Federal Communications Commission. Associate Secretary of the Board. Frequency of Response: Gloria J. Miles, [FR Doc. 2016–04819 Filed 3–3–16; 8:45 am] Recordkeeping requirements. Federal Register Liaison Officer, Office of the BILLING CODE 6210–01–P Obligation to Respond: Mandatory. Secretary. Statutory authority for this information [FR Doc. 2016–04840 Filed 3–3–16; 8:45 am] collection is contained in 47 U.S.C. 151, BILLING CODE 6712–01–P FEDERAL RESERVE SYSTEM 152, 154, 201, 202, 251, 271, 272, and 303(r) of the Communications Act of Agency Information Collection Activities: Announcement of Board 1934, as amended. FEDERAL RESERVE SYSTEM Total Annual Burden: 155,280 hours. Approval Under Delegated Authority Total Annual Cost: No cost. Change in Bank Control Notices; and Submission to OMB Privacy Impact Assessment: No Acquisitions of Shares of a Bank or AGENCY: Board of Governors of the impact(s). Bank Holding Company Nature and Extent of Confidentiality: Federal Reserve System. There is no need for confidentiality. The notificants listed below have SUMMARY: Notice is hereby given of the Needs and Uses: The Commission applied under the Change in Bank final approval of proposed information will submit this collection to the Office Control Act (12 U.S.C. 1817(j)) and collections by the Board of Governors of of Management and Budget (OMB) for § 225.41 of the Board’s Regulation Y (12 the Federal Reserve System (Board) approval of an extension of an existing CFR 225.41) to acquire shares of a bank under OMB delegated authority. Board- collection in order to obtain the three or bank holding company. The factors approved collections of information are year clearance from them. that are considered in acting on the incorporated into the official OMB The Commission imposed notices are set forth in paragraph 7 of inventory of currently approved recordkeeping requirements on the Act (12 U.S.C. 1817(j)(7)). collections of information. Copies of the independent local exchange carriers The notices are available for Paperwork Reduction Act Submission, (LECs). Independent incumbent LECs immediate inspection at the Federal supporting statements and approved wishing to offer international, Reserve Bank indicated. The notices collection of information instrument(s) interexchange services must comply also will be available for inspection at are placed into OMB’s public docket with the requirements of the the offices of the Board of Governors. files. The Federal Reserve may not Competitive Carrier Fifth Report and Interested persons may express their conduct or sponsor, and the respondent Order, CC Docket Nos. 96–149, 96–61 views in writing to the Reserve Bank is not required to respond to, an and 00–175. One of the requirements is indicated for that notice or to the offices information collection that has been that the independent incumbent LEC’s of the Board of Governors. Comments extended, revised, or implemented on or international, interexchange affiliate (for must be received not later than March after October 1, 1995, unless it displays facilities-based providers of 21, 2016. a currently valid OMB control number. international, interexchange services) A. Federal Reserve Bank of Chicago must maintain books of account (Colette A. Fried, Assistant Vice FOR FURTHER INFORMATION CONTACT: separate from such LEC’s local exchange President) 230 South LaSalle Street, Federal Reserve Board Acting Clearance and other activities. See 47 CFR 64.1903 Chicago, Illinois 60690–1414: Officer—Nuha Elmaghrabi—Office of for the specific recordkeeping 1. Thomas R. Bernau, Des Moines, the Chief Data Officer, Board of requirements. In May of 2013, the Iowa, and John W. Bernau, Manchester, Governors of the Federal Reserve Commission granted, in part, a petition Iowa, each individually and as co- System, Washington, DC 20551 (202) for forbearance from the separate trustees of the Kay J. A. Bernau Marital 452–3829. Telecommunications Device affiliate requirement, 47 CFR 64.1903, Election Trust and the Kay J. A. Bernau for the Deaf (TDD) users may contact for independent incumbent local Marital Trust; and together as a family (202) 263–4869, Board of Governors of exchange carriers (LECs) that are subject control group acting in concert with the the Federal Reserve System, to price cap regulation and adopted a Bernau Family Control Group consisting Washington, DC 20551. Second Further Notice of Proposed of the William R. and Kay J. A. Bernau OMB Desk Officer—Shagufta Rulemaking to consider modifying or Family Trust for Thomas R. Bernau and Ahmed—Office of Information and eliminating the separate affiliate the William R. and Kay J. A. Bernau Regulatory Affairs, Office of requirement for independent incumbent Family Trust for John W. Bernau, all of Management and Budget, New LECs that are subject to rate-of-return Iowa City, Iowa; to retain voting shares Executive Office Building, Room 10235, regulation, see Petition of USTelecom of Country Bancorporation, and thereby 725 17th Street NW.,Washington, DC for Forbearance Under 47 U.S.C. 160(C) indirectly retain voting shares of 20503. From Enforcement of Certain Legacy Peoples Savings Bank, both in Final approval under OMB delegated Telecommunications Regulations, 28 Crawfordsville, Iowa; Walker State authority of the implementation of the FCC Rcd. 7627 (2013). Accordingly, Bank, Walker, Iowa; Center Point Bank following report:

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Collection title: Application for The Application will be implemented as DC 20405, at telephone 202–501–0930 Membership for the Community proposed. or via email at [email protected]. Advisory Council. Board of Governors of the Federal Reserve ADDRESSES: Submit comments regarding Agency form number: FR 1401. System, March 1, 2016. OMB control number: 7100-to be this burden estimate or any other aspect Robert deV. Frierson, assigned. of this collection of information, Frequency: Annual. Secretary of the Board. including suggestions for reducing this Reporters: Persons seeking to be [FR Doc. 2016–04818 Filed 3–3–16; 8:45 am] burden to: Office of Information and considered for Community Advisory BILLING CODE 6210–01–P Regulatory Affairs of OMB, Attention: Council (CAC) membership. Desk Officer for GSA, Room 10236, Estimated annual reporting hours: NEOB, Washington, DC 20503. 1,100 hours. GENERAL SERVICES Additionally submit a copy to GSA by Estimated average hours per response: ADMINISTRATION any of the following methods: 1 hour. • Regulations.gov: http:// Estimated number of respondents: [OMB Control No. 3090–0274; Docket 2015– 1,100. 0001; Sequence 18] www.regulations.gov. Submit comments General description of information via the Federal eRulemaking portal by collection: The CAC Application is Submission for OMB Review; Public searching the OMB control number. required to obtain a benefit and is a Buildings Service; Art-in-Architecture Select the link ‘‘Submit a Comment’’ collection of information from persons Program National Artist Registry, GSA that corresponds with ‘‘Information seeking to be considered for Form 7437 Collection 3090–0274, Art-in- membership on the CAC. It is Architecture Program National Artist AGENCY: Public Buildings Service, authorized pursuant to the Federal Registry, GSA Form 7437’’. Follow the General Services Administration (GSA). Reserve’s general authority to establish instructions provided at the ‘‘Submit a the CAC, which is derived from sections ACTION: Notice of request for comments Comment’’ screen. Please include your 2A and 10 of the Federal Reserve Act regarding an extension to an existing name, company name (if any), and (12 U.S.C. 225a and 244). OMB clearance. ‘‘Information Collection 3090–0274, Art- Information provided on the in-Architecture Program National Artist SUMMARY: Under the provisions of the Application for Membership will be Registry, GSA Form 7437’’ on your Paperwork Reduction Act, the kept confidential under exemption attached document. Regulatory Secretariat Division will be (b)(6) of the Freedom of Information Act submitting to the Office of Management • Mail: General Services (FOIA) to the extent that the disclosure and Budget (OMB) a request to review Administration, Regulatory Secretariat of information ‘‘would constitute a and approve an extension of a Division (MVCB), 1800 F Street NW., clearly unwarranted invasion of previously approved information Washington, DC 20405. ATTN: Ms. personal privacy.’’ (5 U.S.C. 552(b)(6)). collection requirement regarding Art-in Flowers/IC 3090–0274, Art-in- Abstract: The CAC was established to Architecture Program National Artist Architecture Program National Artist provide information, advice, and Registry, GSA Form 7437. A notice was Registry, GSA Form 7437. recommendations to the Board on published in the Federal Register at 80 policy matters and issues affecting Instructions: Please submit comments FR 79897 on December 23, 2015. One consumers and communities. The only and cite Information Collection comment was received. Application for Membership would be 3090–0274, Art-in-Architecture Program The Art-in-Architecture Program is used to obtain information about the National Artist Registry, GSA Form the result of a policy decision made in experience and qualification of persons 7437, in all correspondence related to January 1963 by GSA Administrator seeking to be considered for CAC this collection. Comments received Bernard L. Boudin, who served on the membership. The Application for generally will be posted without change Ad Hoc Committee on Federal Office Membership would collect a candidate’s to http://www.regulations.gov, including Space in 1961–1962. contact information, current any personal and/or business The program has been modified over employment, areas of expertise, a confidential information provided. To the years, most recently in 2009, when resume, which typically includes confirm receipt of your comment(s), a requirement was instituted that all information about employment history, please check www.regulations.gov, artists who want to be considered for education, and training, and a statement approximately two to three days after any potential GSA commission must be explaining why they are interested in submission to verify posting (except included on the National Artists serving on the CAC and what they allow 30 days for posting of comments Registry, which serves as the qualified believe are their primary qualifications. submitted by mail). list of eligible artists. The program Candidates could voluntarily elect to continues to commission works of art SUPPLEMENTARY INFORMATION: provide additional information to from living American artists. One-half of support their application, such as copies one percent of the estimated A. Purpose of publications or letters of construction cost of new or substantially recommendation. The Art-in-Architecture Program Current Actions: On November 25, renovated Federal buildings and U.S. actively seeks to commission works 2015 the Federal Reserve published a courthouses is allocated for from the full spectrum of American notice in the Federal Register (80 FR commissioning works of art. artists and strives to promote new media 73765) requesting public comment for DATES: Submit comments on or before and inventive solutions for public art. 60 days on the implementation of the April 4, 2016. The GSA Form 7437, Art-in- Application for Membership for the FOR FURTHER INFORMATION CONTACT: Ms. Architecture Program National Artist Community Advisory Council. The Jennifer Gibson, Office of the Chief Registry, will be used to collect comment period for this notice expired Architect, Art-in-Architecture & Fine information from artists across the on January 25, 2016. The Federal Arts Division (PCAC), 1800 F Street country to participate and to be Reserve did not receive any comments. NW., Room 5400 PCAC, Washington, considered for commissions.

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B. Discussion and Analysis ACTION: Notice. trust model certificates and model From GSA Form 7437 documents described below (all of SUMMARY: The U.S. Office of which are included under OMB Instructions: Return this form with a Government Ethics (OGE) is publishing paperwork control number 3209–0007) current resume and up to 20 digital this first round notice and seeking for a three-year extension of approval by images of the artist’s work created comment on the twelve executive OMB under the Paperwork Reduction within the last ten years to the address branch OGE model certificates and Act (44 U.S.C. chapter 35). At that time, below. Please use jpeg format 10 x 7.5 model documents for qualified trusts. OGE will publish a second paperwork inches at 72 dpi. On a separate sheet, for OGE intends to submit these forms to notice in the Federal Register to inform each image please include the name of the Office of Management and Budget the public and the agencies. The current artist, title of work, date, medium/ (OMB) for review and approval of a paperwork approval for the model materials, and dimensions. three-year extension under the certificates and model trust documents, Comment: In the National Artist Paperwork Reduction Act of 1995 (44 last granted by OMB in 2013, is Registry Instructions, #2 states that artist U.S.C. chapter 35). OGE is proposing no scheduled to expire at the end of is to submit 20 images of work within changes to these forms at this time. November 2016. OGE is proposing no the last 10 years. On Form GSA 7437, DATES: Written comments by the public changes to the twelve qualified trust instructions state the artist is to submit and the agencies on this proposed certificates and model documents at this 20 images of work within the last 5 extension are invited and must be time. years. received on or before May 3, 2016. OGE is the supervising ethics office Response: GSA Form 7437 ADDRESSES: You may submit comments for the executive branch of the Federal instructions should be changed to say to OGE on this paperwork notice by any Government under the Ethics in that the artist is to submit 20 images of of the following methods: Government Act of 1978 (EIGA). work within the last ten years. Email: [email protected]. Include Presidential nominees to executive Public comments are particularly reference to ‘‘Qualified trust model branch positions subject to Senate invited on: Whether this collection of certificates and model trust documents confirmation and any other executive information is necessary and whether it paperwork comment’’ in the subject line branch officials may seek OGE approval will have practical utility; whether our of the message. for EIGA qualified blind or diversified estimate of the public burden of this Fax: 202–482–9237. trusts as one means to be used to avoid collection of information is accurate and Mail, Hand Delivery/Courier: U.S. conflicts of interest. based on valid assumptions and Office of Government Ethics, Suite 500, OGE is the sponsoring agency for the methodology; and ways to enhance the 1201 New York Avenue NW., model certificates and model trust quality, utility, and clarity of the Washington, DC 20005–3917, Attention: documents for qualified blind and information to be collected. Paul D. Ledvina, Agency Clearance diversified trusts of executive branch officials set up under section 102(f) of C. Annual Reporting Burden Officer. Instructions: All comments, including the Ethics in Government Act, 5 U.S.C. Respondents: 300. attachments and other supporting app. § 102(f), and OGE’s implementing Responses per Respondent: 1. materials, will become part of the public financial disclosure regulations at Total Responses: .25. record and subject to public disclosure. subpart D of 5 CFR part 2634. The Hours per Response: .25. Comments may be posted on OGE’s Web various model certificates and model Total Burden Hours: 75. trust documents are utilized by OGE Obtaining Copies of Proposals: site, www.oge.gov. Sensitive personal information, such as account numbers and settlors, trustees and other Requesters may obtain a copy of the fiduciaries in establishing and information collection documents from or Social Security numbers, should not be included. Comments generally will administering these qualified trusts. the General Services Administration, There are two categories of Regulatory Secretariat Division (MVCB), not be edited to remove any identifying or contact information. information collection requirements that 1800 F Street NW., Washington, DC OGE plans to submit for renewed FOR FURTHER INFORMATION CONTACT: Mr. 20405, telephone 202–501–4755. Please paperwork approval, each with its own Ledvina at the U.S. Office of cite OMB Control No. 3090–0274, Art- related reporting model certificates or Government Ethics; telephone: 202– in-Architecture Program National Artist model trust documents which are 482–9247; TTY: 800–877–8339; FAX: Registry, GSA Form 7437, in all subject to paperwork review and 202–482–9237; Email: pledvina@ correspondence. approval by OMB. The OGE regulatory oge.gov. The model Certificate of Dated: February 29, 2016. citations for these two categories, Independence and model Certificate of together with identification of the forms David A. Shive, Compliance for qualified trusts are used for their implementation, are as Chief Information Officer. codified in appendixes A and B to 5 [FR Doc. 2016–04803 Filed 3–3–16; 8:45 am] follows: CFR part 2634. Appendix C of 5 CFR i. Qualified trust certifications—5 CFR BILLING CODE 6820–34–P 2634 provides the Privacy Act 2634.404(f) and (g), 2634.405(c) and (d), Statement and Public Burden Statement 2634.407, 2634.408(d)(4), 2634.410, for the model certificates. Copies of the 2634.414 and appendixes A and B to OFFICE OF GOVERNMENT ETHICS ten qualified trust model documents are part 2634 (the two implementing forms, available on OGE’s Web site, Agency Information Collection the Certificate of Independence and www.oge.gov. Electronic copies of these Certificate of Compliance, are codified Activities; Submission for OMB documents may also be obtained, Review; Proposed Collection; respectively in the cited appendixes); without charge, by contacting Mr. and Comment Request for Unmodified Ledvina. Qualified Trust Model Certificates and ii. Qualified trust communications SUPPLEMENTARY INFORMATION: Model Trust Documents The Office and model provisions and agreements— of Government Ethics intends to submit, 5 CFR 2634.404(f), 2634.407(a), AGENCY: Office of Government Ethics after this first round notice and 2634.408(a)–(c), 2634.407 and 2634.414 (OGE). comment period, all twelve qualified (the ten implementing forms are the: (A)

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Blind Trust Communications (Expedited first and second round paperwork of the typical trust administrator fee Procedure for Securing Approval of renewal notice for the trust forms in structure (an average of 1 percent of Proposed Communications); (B) Model 2013 and 2014 (77 FR 76293–76294 total assets) and OGE’s experience with Qualified Blind Trust Provisions; (C) (December 27, 2012) and 78 FR 40144– administration of the qualified trust Model Qualified Diversified Trust 40146 (December 1, 2009)). The estimate program. The $1,000,000 annual cost Provisions; (D) Model Qualified Blind is based on the amount of time imposed figure is based on OGE’s estimate of an Trust Provisions (For Use in the Case of on a trust administrator or private average of five possible active trusts Multiple Fiduciaries); (E) Model representative. anticipated to be under administration Qualified Blind Trust Provisions (For i. Trust Certificates: for each of the next two years with Use in the Case of an Irrevocable Pre- A. Certificate of Independence: Total combined total assets of $100,000,000. Existing Trust); (F) Model Qualified filers (executive branch): 5; private However, OGE notes that the $1,000,000 Diversified Trust Provisions (Hybrid citizen filers (100%): 5; private citizen figure is a cost estimate for the overall Version); (G) Model Qualified burden hours (20 minutes/certificate): 2. administration of the trusts, only a Diversified Trust Provisions (For Use in B. Certificate of Compliance: Total portion of which relates to information the Case of Multiple Fiduciaries); (H) filers (executive branch): 10; private collection and reporting. For want of a Model Qualified Diversified Trust citizen filers (100%): 10; private citizen precise way to break out the costs Provisions (For Use in the Case of an burden hours (20 minutes/certificate): 3; directly associated with information Irrevocable Pre-Existing Trust); (I) and collection, OGE is continuing to report Model Confidentiality Agreement ii. Model Qualified Trust Documents: to OMB the full $1,000,000 estimate for Provisions (For Use in the Case of a A. Blind Trust Communications: Total paperwork clearance purposes. Privately Owned Business); and (J) users (executive branch): 5; private Public comment is invited on each Model Confidentiality Agreement citizen users (100%): 5; aspect of the model qualified trust Provisions (For Use in the Case of communications documents (private certificates and model trust documents, Investment Management Activities)). citizens): 25 (based on an average of five and underlying regulatory provisions, as The communications formats and the communications per user, per year); set forth in this notice, including confidentiality agreements (items ii.(A), private citizen burden hours (20 specific views on the need for and (I) and (J) above), once completed, minutes/communication): 8. practical utility of this set of collections B. Model Qualified Blind Trust: Total would not be available to the public of information, the accuracy of OGE’s users (executive branch): 2; private because they contain sensitive, burden estimate, the potential for citizen users (100%): 2; private citizen confidential information. All the other enhancement of quality, utility and completed model trust certificates and burden hours (100 hours/model): 200. C. Model Qualified Diversified Trust: clarity of the information collected, and model trust documents (except for any the minimization of burden (including trust provisions that relate to the Total users (executive branch): 1; private citizen users (100%): 1; private the use of information technology). testamentary disposition of trust assets) Comments received in response to are retained and made publicly citizen burden hours (100 hours/model): 100. this notice will be summarized for, and available based upon a proper request may be included with, the OGE request under EIGA (by filling out an OGE Form D–H. Of the five remaining model qualified trust documents: Total users for extension of the OMB paperwork 201 access form) until the periods for approval for the set of the various retention of all other reports (usually the (executive branch): 2; private citizen users (100%): 2; private citizen burden existing qualified trust model OGE Form 278 Public Financial certificates, the model communications Disclosure Reports) of the individual hours (100 hours/model): 200. package, and the model trust establishing the trust have lapsed I–J. Of the two model confidentiality documents. The comments will also (generally six years after the filing of the agreements: Total users (executive become a matter of public record. last other report). See 5 CFR branch): 1; private citizen users (100%): 2634.603(g)(2) of OGE’s executive 1; private citizen burden hours (50 Approved: February 29, 2016. branch financial disclosure regulation. hours/agreement): 50. Walter M. Shaub, Jr., The U.S. Office of Government Ethics However, the total annual reporting Director, Office of Government Ethics. hour burden on filers themselves is zero administers the qualified trust program [FR Doc. 2016–04822 Filed 3–3–16; 8:45 am] and not the 563 hours estimated above for the executive branch. At the present BILLING CODE 6345–03–P time, there are no active filers using the because OGE’s estimating methodology trust model certificates and documents. reflects the fact that all respondents hire However, OGE intends to submit to private trust administrators or other OMB a request for extension of approval private representatives to set up and DEPARTMENT OF HEALTH AND for two reasons. First, under OMB’s maintain the qualified blind and HUMAN SERVICES implementing regulations for the diversified trusts. Respondents themselves, typically incoming private Centers for Disease Control and Paperwork Reduction Act, at 5 CFR Prevention (CDC) 1320.3(c)(4)(i), any recordkeeping, citizen Presidential nominees, therefore reporting or disclosure requirement incur no hour burden. The estimated Board of Scientific Counselors, contained in a sponsoring agency rule of total annual cost burden to respondents National Institute for Occupational general applicability is deemed to meet resulting from the collection of Safety and Health (BSC, NIOSH) the minimum threshold of ten or more information is $1,000,000. Those who persons. Second, OGE does anticipate use the model documents for guidance In accordance with section 10(a)(2) of possible limited use of these forms are private trust administrators or other the Federal Advisory Committee Act during the forthcoming three-year private representatives hired to set up (Pub. L. 92–463), the Centers for Disease period 2016–2019. Therefore, the and maintain the qualified blind and Control and Prevention (CDC) estimated burden figures, representing diversified trusts of executive branch announces the following meeting for the branchwide implementation of the officials who seek to establish such aforementioned committee: forms, will remain the same as qualified trusts. The cost burden figure Time and Date: 8:30 a.m.–3:00 p.m., previously reported by OGE in its prior is based primarily on OGE’s knowledge EDT, March 30, 2016.

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Place: Patriots Plaza I, 395 E Street 3; Translation Research, and the NIOSH whether the information will have SW., Room 9000, Washington, DC Center for Maritime Safety and Health practical utility; (b) Evaluate the 20201. Studies. accuracy of the agencies estimate of the Status: The meeting is open to the Agenda items are subject to change as burden of the proposed collection of public, limited only by the space priorities dictate. information, including the validity of available. The meeting room An agenda is also posted on the the methodology and assumptions used; accommodates approximately 33 NIOSH Web site (http://www.cdc.gov/ (c) Enhance the quality, utility, and people. The public is welcome to niosh/bsc/). Members of the public who clarity of the information to be participate during the public comment wish to address the NIOSH BSC are collected; (d) Minimize the burden of period, 12:30 p.m.–12:45 p.m. EDT, requested to contact the Executive the collection of information on those March 30, 2016. Please note that the Secretary for scheduling purposes (see who are to respond, including through public comment period ends at the time contact information below). the use of appropriate automated, indicated above or following the last Alternatively, written comments to the electronic, mechanical, or other call for comments, whichever is earlier. BSC may be submitted via an on-line technological collection techniques or Members of the public who want to form at the following Web site: http:// other forms of information technology, comment must sign up by providing www.cdc.gov/niosh/bsc/contact.html. e.g., permitting electronic submission of their name by mail, email, or telephone, Contact Person for More Information: responses; and (e) Assess information at the addresses provided below by Paul J. Middendorf, Ph.D., Executive collection costs. March 18, 2016. Each commenter will Secretary, BSC, NIOSH, CDC, 1600 To request additional information on be provided up to five minutes for Clifton Road NE., MS–E20, Atlanta, GA the proposed project or to obtain a copy comment. A limited number of time 30329–4018, telephone (404)498–2500, of the information collection plan and slots are available and will be assigned fax (404)498–2526. instruments, call (404) 639–7570 or on a first come-first served basis. The Director, Management Analysis send an email to [email protected]. Written Written comments will be accepted to and Services Office has been delegated comments and/or suggestions regarding attendees who do not have the the authority to sign Federal Register the items contained in this notice opportunity to speak at the meeting, and notices pertaining to announcements of should be directed to the Attention: will also be accepted from those unable meetings and other committee CDC Desk Officer, Office of Management to attend the public session. The management activities, for both the and Budget, Washington, DC 20503 or meeting is also open to the public via Centers for Disease Control and by fax to (202) 395–5806. Written webcast. If you wish to attend in person Prevention and the Agency for Toxic comments should be received within 30 or by webcast, please see the NIOSH Substances and Disease Registry. days of this notice. Web site to register (http:// Proposed Project www.cdc.gov/niosh/bsc/) or call (404– Elaine Baker, 498–2539) at least five business days in Director, Management Analysis and Services Monitoring and Reporting for the Core advance of the meeting. Teleconference Office, Centers for Disease Control and State Violence and Injury Prevention is available toll-free; please dial (888) Prevention. Program Cooperative Agreement— 397–9578, Participant Pass Code [FR Doc. 2016–04713 Filed 3–3–16; 8:45 am] New—National Center for Injury 63257516. BILLING CODE 4163–18–P Prevention and Control (NCIPC), Purpose: The Secretary, the Assistant Centers for Disease Control and Secretary for Health, and by delegation Prevention (CDC). the Director, Centers for Disease Control DEPARTMENT OF HEALTH AND Background and Brief Description and Prevention, are authorized under HUMAN SERVICES Sections 301 and 308 of the Public The Centers for Disease Control and Health Service Act to conduct directly Centers for Disease Control and Prevention (CDC) seeks new OMB or by grants or contracts, research, Prevention approval to collect information from awardees funded under the Core State experiments, and demonstrations [30Day–16–16BZ] relating to occupational safety and Violence and Injury Prevention Program health and to mine health. The Board of Agency Forms Undergoing Paperwork cooperative agreement program (Core Scientific Counselors provides guidance Reduction Act Review SVIPP). CDC’s National Center for Injury to the Director, National Institute for Prevention and Control (NCIPC) is Occupational Safety and Health on The Centers for Disease Control and committed to working with its partners research and prevention programs. Prevention (CDC) has submitted the to promote action that reduces injuries, Specifically, the Board provides following information collection request violence, and disabilities, by providing guidance on the Institute’s research to the Office of Management and Budget leadership in identifying priorities, activities related to developing and (OMB) for review and approval in promoting prevention strategies, evaluating hypotheses, systematically accordance with the Paperwork developing useful tools, and monitoring documenting findings and Reduction Act of 1995. The notice for the effectiveness of Injury and Violence disseminating results. The Board the proposed information collection is Prevention (IVP) program activities. evaluates the degree to which the published to obtain comments from the Unintentional and violence-related activities of the National Institute for public and affected agencies. injuries and their consequences are the Occupational Safety and Health: (1) Written comments and suggestions leading causes of death for the first four Conform to appropriate scientific from the public and affected agencies decades of life, regardless of gender, standards, (2) address current, relevant concerning the proposed collection of race, or socioeconomic status. needs, and (3) produce intended results. information are encouraged. Your More than 192,000 individuals in the Matters for Discussion: NIOSH comments should address any of the United States die each year as a result Director’s update; Diacetyl in Coffee following: (a) Evaluate whether the of unintentional injuries and violence, Roasting; Burden, Need, and Impact proposed collection of information is and more than 31 million others suffer Framework for Research and National necessary for the proper performance of non-fatal injuries requiring emergency Occupational Research Agenda (NORA) the functions of the agency, including department visits each year. Support

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and guidance for programs addressing However, awardees will also have the Services (HHS), the White House, IVP have been provided through opportunity to compete to be funded for Congress, and other sources. cooperative agreement funding and one or both of the Enhanced Information to be collected will also technical assistance administered by components. It is expected that those strengthen CDC’s ability to monitor NCIPC. Awardees report progress and funded for Enhanced components will awardee progress, provide data-driven activity information to NCIPC on an have a greater burden, given the technical assistance, and disseminate annual schedule using three documents: requirement to report on more domains the most current surveillance data on Annual Progress Report, Evaluation and of activity. unintentional and intentional injuries. Information to be collected will Performance Management Plan, and provide crucial data for program The total estimated annualized Injury Indicator Spreadsheet. Burden is performance monitoring and provide burden for this collection is 3,120 hours. expected to vary based on awardee CDC with the capacity to respond in a OMB approval is requested for three funding type. For example all awardees timely manner to requests for years. The only cost to respondents will who successfully compete will be information about the program from the be time spent on responding to the funded for the BASE component. Department of Health and Human progress reports.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hours)

Core SVIPP BASE Awardees ...... Initial Population—Annual Progress Report .. 20 1 22 Annual Progress Report ...... 20 1 11 Evaluation and Performance Management 20 1 2 Plan. Injury Indicator Spreadsheet ...... 20 1 14 Core SVIPP 1—Enhanced Component Initial Population—Annual Progress Report .. 5 1 73 Awardees. Annual Progress Report ...... 5 1 58 Evaluation and Performance Management 5 1 3 Plan. Injury Indicator Spreadsheet ...... 5 1 14 Core SVIPP 2—Enhanced Component Initial Population—Annual Progress Report .. 5 1 146 Awardees. Annual Progress Report ...... 5 1 116 Evaluation and Performance Management 5 1 4 Plan. Injury Indicator Spreadsheet ...... 5 1 14

Leroy A. Richardson, (PRA), federal agencies are required to please reference the document identifier Chief, Information Collection Review Office, publish notice in the Federal Register or OMB control number. To be assured Office of Scientific Integrity, Office of the concerning each proposed collection of consideration, comments and Associate Director for Science, Office of the information, including each proposed recommendations must be received by Director, Centers for Disease Control and extension or reinstatement of an existing the OMB desk officer via one of the Prevention. collection of information, and to allow following transmissions: OMB, Office of [FR Doc. 2016–04796 Filed 3–3–16; 8:45 am] a second opportunity for public Information and Regulatory Affairs, BILLING CODE 4163–18–P comment on the notice. Interested Attention: CMS Desk Officer, Fax persons are invited to send comments Number: (202) 395–5806 or Email: regarding the burden estimate or any [email protected]. DEPARTMENT OF HEALTH AND other aspect of this collection of HUMAN SERVICES To obtain copies of a supporting information, including any of the statement and any related forms for the Centers for Medicare & Medicaid following subjects: (1) The necessity and proposed collection(s) summarized in Services utility of the proposed information this notice, you may make your request collection for the proper performance of using one of following: [Document Identifiers: CMS–10110, CMS– the agency’s functions; (2) the accuracy 10387, CMS–10400 and CMS–10593] of the estimated burden; (3) ways to 1. Access CMS’ Web site address at enhance the quality, utility, and clarity http://www.cms.hhs.gov/ Agency Information Collection of the information to be collected; and PaperworkReductionActof1995. Activities: Submission for OMB (4) the use of automated collection Review; Comment Request 2. Email your request, including your techniques or other forms of information address, phone number, OMB number, ACTION: Notice. technology to minimize the information and CMS document identifier, to collection burden. [email protected]. SUMMARY: The Centers for Medicare & DATES: 3. Call the Reports Clearance Office at Medicaid Services (CMS) is announcing Comments on the collection(s) of (410) 786–1326. an opportunity for the public to information must be received by the OMB desk officer by April 4, 2016. comment on CMS’ intention to collect FOR FURTHER INFORMATION CONTACT: information from the public. Under the ADDRESSES: When commenting on the Reports Clearance Office at (410) 786– Paperwork Reduction Act of 1995 proposed information collections, 1326.

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SUPPLEMENTARY INFORMATION: Under the (OMB Control Number: 0938–1140); certification and offering of Qualified Paperwork Reduction Act of 1995 (PRA) Frequency: Yearly; Affected Public: Health Plans (QHPs). To offer insurance (44 U.S.C. 3501–3520), federal agencies Private sector (Business or other For- through an Exchange, a health insurance must obtain approval from the Office of profits and Not-for-profit institutions); issuer must have its health plans Management and Budget (OMB) for each Number of Respondents: 15,421; Total certified as QHPs by the Exchange. A collection of information they conduct Annual Responses: 678,524; Total QHP must meet certain minimum or sponsor. The term ‘‘collection of Annual Hours: 701,119. (For policy certification standards, such as network information’’ is defined in 44 U.S.C. questions regarding this collection adequacy, inclusion of Essential 3502(3) and 5 CFR 1320.3(c) and contact Penny Gershman at 410–786– Community Providers (ECPs), and non- includes agency requests or 6643). discrimination. The Exchange is requirements that members of the public 2. Type of Information Collection responsible for ensuring that QHPs meet submit reports, keep records, or provide Request: Reinstatement of a previously these minimum certification standards information to a third party. Section approved collection; Title of as described in the Exchange rule under 3506(c)(2)(A) of the PRA (44 U.S.C. Information Collection: Manufacturer 45 CFR parts 155 and 156, based on the 3506(c)(2)(A)) requires federal agencies Submission of Average Sales Price Affordable Care Act, as well as other to publish a 30-day notice in the (ASP) Data for Medicare Part B Drugs standards determined by the Exchange. Federal Register concerning each and Biologicals; Use: In accordance with The reporting requirements and data proposed collection of information, Section 1847A of the Social Security collection in the Exchange rule address including each proposed extension or Act (the Act), Medicare Part B covered Federal requirements that various reinstatement of an existing collection drugs and biologicals not paid on a cost entities must meet with respect to the of information, before submitting the or prospective payment basis are paid establishment and operation of an collection to OMB for approval. To based on the average sales price (ASP) Exchange; minimum requirements that comply with this requirement, CMS is of the drug or biological, beginning in health insurance issuers must meet with publishing this notice that summarizes Calendar Year (CY) 2005. The ASP data respect to participation in a State based the following proposed collection(s) of reporting requirements are specified in or Federally-facilitated Exchange; and information for public comment: Section 1927 of the Act. The reported requirements that employers must meet ASP data are used to establish the 1. Type of Information Collection with respect to participation in the Medicare payment amounts. The Request: Reinstatement of a previously SHOP and compliance with other reporting template was revised in CY provisions of the Affordable Care Act. approved collection; Title of 2011 in order to facilitate accurate Information Collection: Skilled Nursing This proposed information collection collection of ASP data. An was published in the Federal Register Facility (SNF) Prospective Payment accompanying user guide with System and Consolidated Billing; Use: on November 23, 2015 (80 FR 72968). instructions on the template’s use was No comments were received. Form We are requesting approval of a also created and included an reinstatement of a Change of Therapy Number: CMS–10400; Frequency: explanation of the data elements in the Monthly, Annual; Affected Public: OMRA for Skilled Nursing Facilities template. Form Number: CMS–10110 (SNFs). As described in CMS–1351–F, Private Sector; Number of Respondents: (OMB Control Number: 0938–0921); 11,004; Number of Responses: 11,485; we finalized the assessment effective Frequency: Quarterly; Affected Public: October 1, 2011. The SNFs are required Total Annual Hours: 55,775. (For policy Private sector (Business or other For- questions regarding this collection, to submit this assessment. The COT profits); Number of Respondents: 180; contact Leigha Basini at 301–492–4380.) OMRA is comprised of a subset of Total Annual Responses: 720; Total resident assessment information Annual Hours: 34,560. (For policy 4. Type of Information Collection developed for use by SNFs to satisfy a questions regarding this collection Request: New collection (Request for a Medicare payment requirement. The contact Amy Gruber at 410–786–1542). new OMB control number); Title of burden associated with this is the SNF 3. Type of Information Collection Information Collection: Establishment of staff time required to complete the COT Request: Revision of a currently an Exchange by a State and Qualified OMRA, SNF staff time to encode the approved collection; Title of Health Plans; Use: The Patient data, and SNF staff time spent in Information Collection: Establishment of Protection and Affordable Care Act, transmitting the data. The SNFs are Exchanges and Qualified Health Plans; Public Law 111–148, enacted on March required to complete a COT OMRA Use: The Patient Protection and 23, 2010, and the Health Care and when a SNF resident was receiving a Affordable Care Act, Public Law 111– Education Reconciliation Act, Public sufficient level of rehabilitation therapy 148, enacted on March 23, 2010, and the Law 111–152, enacted on March 30, to qualify for an Ultra High, Very High, Health Care and Education 2010 (collectively, ‘‘Affordable Care High, Medium, or Low Rehabilitation Reconciliation Act, Public Law 111– Act’’), expand access to health category and when the intensity of 152, enacted on March 30, 2010 insurance for individuals and therapy (as indicated by the total (collectively, ‘‘Affordable Care Act’’), employees of small businesses through reimbursable therapy minutes (RTM) expand access to health insurance for the establishment of new Affordable delivered, and other therapy qualifiers individuals and employees of small Insurance Exchanges (Exchanges), such as number of therapy days and businesses through the establishment of including the Small Business Health disciplines providing therapy) changes new Affordable Insurance Exchanges Options Program (SHOP). As directed to such a degree that it would no longer (Exchanges), including the Small by the rule Establishment of Exchanges reflect the RUG–IV classification and Business Health Options Program and Qualified Health Plans; Exchange payment assigned for a given SNF (SHOP). Standards for Employers (77 FR 18310) resident based on the most recent As directed by the rule Establishment (Exchange rule), each Exchange will assessment used for Medicare payment. of Exchanges and Qualified Health assume responsibilities related to the The COT OMRA is a type of required Plans; Exchange Standards for certification and offering of Qualified PPS assessment which uses the same Employers (77 FR 18310) (Exchange Health Plans (QHPs). To offer insurance item set as the End of Therapy (EOT) rule), each Exchange will assume through an Exchange, a health insurance OMRA. Form Number: CMS–10387 responsibilities related to the issuer must have its health plans

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certified as QHPs by the Exchange. A PRA), federal agencies are require; to Contents QHP must meet certain minimum publish notice in the Federal Register This notice sets out a summary of the certification standards, such as network concerning each proposed collection of use and burden associated with the adequacy, inclusion of Essential information (including each proposed following information collections. More Community Providers (ECPs), and non- extension or reinstatement of an existing detailed information can be found in discrimination. The Exchange is collection of information) and to allow each collection’s supporting statement responsible for ensuring that QHPs meet 60 days for public comment on the and associated materials (see these minimum certification standards proposed action. Interested persons are ADDRESSES). as described in the Exchange rule under invited to send comments regarding our 45 CFR parts 155 and 156, based on the burden estimates or any other aspect of CMS–10152 Data Collection for Affordable Care Act, as well as other this collection of information, including Medicare Beneficiaries Receiving NaF– standards determined by the Exchange. any of the following subjects: (1) The 18 Positron Emission Tomography The reporting requirements and data necessity and utility of the proposed (PET) To Identify Bone Metastasis in collection in the Exchange rule address information collection for the proper Cancer Federal requirements that various performance of the agency’s functions; Under the PRA (44 U.S.C. 3501– entities must meet with respect to the (2) the accuracy of the estimated 3520), federal agencies must obtain establishment and operation of an burden; (3) ways to enhance the quality, approval from the Office of Management Exchange; minimum requirements that utility, and clarity of the information to and Budget (OMB) for each collection of health insurance issuers must meet with be collected; and (4) the use of information they conduct or sponsor. respect to participation in a State based automated collection techniques or The term ‘‘collection of information’’ is or Federally-facilitated Exchange; and other forms of information technology to defined in 44 U.S.C. 3502(3) and 5 CFR requirements that employers must meet minimize the information collection 1320.3(c) and includes agency requests with respect to participation in the burden. or requirements that members of the SHOP and compliance with other public submit reports, keep records, or provisions of the Affordable Care Act. DATES: Comments must be received by provide information to a third party. Comments have been received, May 3, 2016. Section 3506(c)(2)(A) of the PRA however; there were no comments that ADDRESSES: When commenting, please requires federal agencies to publish a impacted the burden, and therefore no reference the document identifier or 60-day notice in the Federal Register additional changes were made. Form OMB control number. To be assured concerning each proposed collection of Number: CMS–10593 (OMB Control consideration, comments and information, including each proposed Number: 0938–NEW); Frequency: recommendations must be submitted in extension or reinstatement of an existing Annually, Monthly; Affected Public: any one of the following ways: collection of information, before Private Sector; Business or other for- 1. Electronically. You may send your submitting the collection to OMB for profit; Number of Respondents: 20; comments electronically to http:// approval. To comply with this Total Annual Responses: 400; Total www.regulations.gov. Follow the requirement, CMS is publishing this Annual Hours: 36,900. (For policy instructions for ‘‘Comment or notice. questions regarding this collection Submission’’ or ‘‘More Search Options’’ 1. Type of Information Collection contact Christy Woods at 301–492– to find the information collection Request: Extension of a previously 5140.) document(s) that are accepting approved collection; Title: Data Dated: March 1, 2016. comments. Collection for Medicare Beneficiaries William N. Parham, III, 2. By regular mail. You may mail Receiving NaF–18 Positron Emission Director, Paperwork Reduction Staff, Office written comments to the following Tomography (PET) to Identify Bone of Strategic Operations and Regulatory address: CMS, Office of Strategic Metastasis in Cancer; Use: In Decision Affairs. Operations and Regulatory Affairs, Memorandum #CAG–00065R, issued on [FR Doc. 2016–04841 Filed 3–3–16; 8:45 am] Division of Regulations Development, February 26, 2010, the Centers for BILLING CODE 4120–01–P Attention: Document Identifier/OMB Medicare and Medicaid Services (CMS) Control Number ______, Room C4– determined that the evidence is 26–05, 7500 Security Boulevard, sufficient to conclude that for Medicare DEPARTMENT OF HEALTH AND Baltimore, Maryland 21244–1850. beneficiaries receiving NaF–18 PET scan HUMAN SERVICES To obtain copies of a supporting to identify bone metastasis in cancer is statement and any related forms for the reasonable and necessary only when the Centers for Medicare & Medicaid proposed collection(s) summarized in provider is participating in and patients Services this notice, you may make your request are enrolled in a clinical study designed [Document Identifier: CMS–10152] using one of following: to information at the time of the scan to 1. Access CMS’ Web site address at assist in initial antitumor treatment Agency Information Collection http://www.cms.hhs.gov/ planning or to guide subsequent Activities: Proposed Collection; PaperworkReductionActof1995. treatment strategy by the identification, Comment Request 2. Email your request, including your location and quantification of bone AGENCY: Centers for Medicare & address, phone number, OMB number, metastases in beneficiaries in whom Medicaid Services, HHS. and CMS document identifier, to bone metastases are strongly suspected ACTION: Notice. [email protected]. based on clinical symptoms or the 3. Call the Reports Clearance Office at results of other diagnostic studies. SUMMARY: The Centers for Medicare & (410) 786–1326. Qualifying clinical studies must ensure Medicaid Services (CMS) is announcing that specific hypotheses are addressed; FOR FURTHER INFORMATION CONTACT: an opportunity for the public to appropriate data elements are collected; Reports Clearance Office at (410) 786– comment on CMS’ intention to collect hospitals and providers are qualified to 1326. information from the public. Under the provide the PET scan and interpret the Paperwork Reduction Act of 1995 (the SUPPLEMENTARY INFORMATION: results; participating hospitals and

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providers accurately report data on all illness associated with consumption of Management, FDA will post your Medicare enrolled patients; and all produce grown in fields or other comment, as well as any attachments, patient confidentiality, privacy, and growing areas amended with untreated except for information submitted, other Federal laws must be followed. biological soil amendments of animal marked and identified, as confidential, Consistent with section 1142 of the origin that are potentially contaminated if submitted as detailed in Social Security Act (the Act), the with enteric pathogens, such as ‘‘Instructions.’’ Agency for Healthcare Research and Escherichia coli O157:H7 or Salmonella. Instructions: All submissions received Quality (AHRQ) supports clinical The risk assessment also will evaluate must include the Docket No. FDA– research studies that CMS determines the impact of certain interventions, such 2016–N–0321 for ‘‘Risk Assessment of meets specified standards and address as use of a time interval between Foodborne Illness Associated with the specified research questions. To application of the soil amendment and Pathogens from Produce Grown in qualify for payment, providers must crop harvest, on the predicted risk. The Fields Amended with Untreated prescribe certain NaF–18 PET scans for risk assessment is intended to inform Biological Soil Amendments of Animal beneficiaries with a set of clinical policy decisions with regard to produce Origin; Request for Comments, criteria specific to each solid tumor. The safety. Scientific Data, and Information’’. Received comments and scientific data statuary authority for this policy is DATES: Submit either electronic or section 1862(a)(1)(E) of the Act. The written comments and scientific data and information will be placed in the need to prospectively collect and information by May 3, 2016. docket and, except for those submitted information at the time of the scan is to as ‘‘Confidential Submissions,’’ publicly ADDRESSES: assist the provider in decision making You may submit comments viewable at http://www.regulations.gov for patient management. Form Number: and scientific data and information as or at the Division of Dockets CMS–10152 (OCN: 0938–0968); follows: Management between 9 a.m. and 4 p.m., Frequency: Annual; Affected Public: Electronic Submissions Monday through Friday. Private Sector (Business or other for- • Confidential Submissions—To Submit electronic comments and profits); Number of Respondents: submit a comment with confidential 25,000; Total Annual Responses: scientific data and information in the information that you do not wish to be following way: made publicly available submit your 25,000; Total Annual Hours: 2,084 • hours. (For policy questions regarding Federal eRulemaking Portal: http:// comments and scientific data and this collection contact Stuart Caplan at www.regulations.gov. Follow the information only as a written/paper 410–786–8564.) instructions for submitting comments. submission. You should submit two Comments and scientific data and copies total. One copy will include the Dated: March 1, 2016. information submitted electronically, information you claim to be confidential William N. Parham, III, including attachments, to http:// with a heading or cover note that states Director, Paperwork Reduction Staff, Office www.regulations.gov will be posted to ‘‘THIS DOCUMENT CONTAINS of Strategic Operations and Regulatory the docket unchanged. Because your Affairs. CONFIDENTIAL INFORMATION’’. The comment will be made public, you are Agency will review this copy, including [FR Doc. 2016–04861 Filed 3–3–16; 8:45 am] solely responsible for ensuring that your the claimed confidential information, in BILLING CODE 4120–01–P comment does not include any its consideration of comments and confidential information that you or a scientific data and information. The third party may not wish to be posted, second copy, which will have the DEPARTMENT OF HEALTH AND such as medical information, your or HUMAN SERVICES claimed confidential information anyone else’s Social Security number, or redacted/blacked out, will be available Food and Drug Administration confidential business information, such for public viewing and posted on http:// as a manufacturing process. Please note www.regulations.gov. Submit both [Docket No. FDA–2016–N–0321] that if you include your name, contact copies to the Division of Dockets information, or other information that Management. If you do not wish your Risk Assessment of Foodborne Illness identifies you in the body of your name and contact information to be Associated With Pathogens From comments and scientific data and made publicly available, you can Produce Grown in Fields Amended information, that information will be provide this information on the cover With Untreated Biological Soil posted on http://www.regulations.gov. sheet and not in the body of your Amendments of Animal Origin; • If you want to submit a comment comments and scientific data and Request for Scientific Data, with confidential information that you information and you must identify this Information, and Comments do not wish to be made available to the information as ‘‘confidential.’’ Any AGENCY: Food and Drug Administration, public, submit the comment as a information marked as ‘‘confidential’’ HHS. written/paper submission and in the will not be disclosed except in ACTION: Notice; request for comments manner detailed (see ‘‘Written/Paper accordance with 21 CFR 10.20 and other and for scientific data and information. Submissions’’ and ‘‘Instructions’’). applicable disclosure law. For more information about FDA’s posting of Written/Paper Submissions SUMMARY: The Food and Drug comments and scientific data and Administration (FDA or we) is Submit written/paper submissions as information to public dockets, see 80 FR requesting scientific data, information, follows: 56469, September 18, 2015, or access and comments that would assist the • Mail/Hand delivery/Courier (for the information at: http://www.fda.gov/ Agency in its plan to develop a risk written/paper submissions): Division of regulatoryinformation/dockets/ assessment for produce grown in fields Dockets Management (HFA–305), Food default.htm. or other growing areas amended with and Drug Administration, 5630 Fishers Docket: For access to the docket to untreated biological soil amendments of Lane, Rm. 1061, Rockville, MD 20852. read background documents or the animal origin (including raw manure). • For written/paper comments and electronic and written/paper comments The risk assessment will evaluate and, scientific data and information and scientific data and information if feasible, quantify the risk of human submitted to the Division of Dockets received, go to http://

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www.regulations.gov and insert the B. How did FDA’s rule on produce II. FDA’s Risk Assessment docket number, found in brackets in the safety address BSAAO? FDA, in consultation with the U.S. heading of this document, into the In January 2013, based in part upon Department of Agriculture, is ‘‘Search’’ box and follow the prompts conducting a risk assessment to evaluate and/or go to the Division of Dockets authority provided by the FDA Food Safety Modernization Act, we published the risk of human illness associated Management, 5630 Fishers Lane, Rm. a proposed Produce Safety Rule entitled with the consumption of produce grown 1061, Rockville, MD 20852. ‘‘Standards for the Growing, Harvesting, in growing areas amended with untreated BSAAO that are potentially FOR FURTHER INFORMATION CONTACT: Jane Packing, and Holding of Produce for contaminated with enteric pathogens Van Doren, Center for Food Safety and Human Consumption’’ (78 FR 3504, such as E. coli O157:H7 or Salmonella. Applied Nutrition (HFS–005), Food and January 16, 2013). Among other The risk assessment will evaluate the Drug Administration, 5100 Paint Branch provisions related to BSAAO, the impact of different agricultural and proposed rule included at Pkwy., College Park, MD 20740, 240– ecological conditions and certain § 112.56(a)(1)(i) (21 CFR 112.56(a)(1)(i)) 402–2927. interventions, such as use of a time a 9-month minimum application interval or intervals between application SUPPLEMENTARY INFORMATION: interval for untreated BSAAO applied in of untreated BSAAO and crop harvest, a manner that does not contact covered I. Background on the predicted risk. The risk produce during application and assessment will take into account A. What are the food safety concerns minimizes the potential for contact with available data and information on related to untreated biological soil covered produce after application (78 relevant steps in the produce food safety amendments of animal origin? FR 3504 at 3637). In response to public continuum including: The initial comments, we withdrew this proposed prevalence and levels of pathogens in Biological soil amendments of animal 9-month minimum application interval untreated BSAAO; the methods used to origin (BSAAO) can be a source of in a supplemental proposed rulemaking apply untreated BSAAO to soils; contamination of produce with that we published on September 29, pathogen survival (and growth) in pathogens that can cause human illness. 2014 (79 FR 58434 at 58457 through untreated BSAAO and soils amended Human pathogens in BSAAO, once 58461). In the supplemental proposed with untreated BSAAO; pathogen introduced to the growing environment, rule, we acknowledged the limited body transfer to produce grown in amended may be inactivated at a rate that is of currently available scientific evidence soils; pathogen survival and growth on dependent upon a number of relating to the proposed 9-month produce; and pathogen survival, growth, environmental, regional, and other interval and the need for additional and cross-contamination during storage agricultural and ecological factors. The research in this area, and described our and other steps in the supply chain (e.g., rate of pathogen population decline over planned risk assessment and research washing). The risk assessment will time is also influenced by the types of agenda (79 FR 58434 at 58460 through include characterization of the 58461). Accordingly, we deferred our BSAAO and application methods. variability and uncertainty of pathogen decision on an appropriate minimum Furthermore, the types of produce and survival and growth under different application interval. whether or not BSAAO may come into agricultural and ecological conditions contact with a harvestable portion of the On November 27, 2015, we published (e.g., soil types, application methods, or crop influences the likelihood of a final Produce Safety Rule entitled geographic locations/climatic factors) pathogen transfer from the amended soil ‘‘Standards for the Growing, Harvesting, and time intervals between application to produce (Ref. 1). Packing, and Holding of Produce for of untreated BSAAO and crop harvest. Some produce farms use untreated Human Consumption,’’ (80 FR 74354). The risk assessment is intended to BSAAO for various reasons, including The final rule is now codified at 21 CFR inform policy decisions with regard to that they are inexpensive, readily part 112. In the preamble to the final produce safety. rule, we restated our decision with available, and rich nutrient sources for III. Issues for Consideration growing crops. Whether it is feasible for respect to the appropriate minimum a farm to use untreated BSAAO as a BSAAO application interval (80 FR FDA is requesting comments and principal nutrient source depends on 74354 at 74463). We reserved one of the scientific data and other information provisions in the final rule’s Subpart F numerous factors, including whether relevant to this risk assessment. We are (Biological Soil Amendments of Animal particularly interested in scientific data there is a required time interval between Origin and Human Waste) because we and information concerning, but not application and harvest and the length continue to believe that a quantitative limited to, the following factors that of such an interval (which may affect application interval standard is may affect the risk of human illness the nutrients retained or available from necessary and anticipate locating such a associated with the consumption of BSAAO), and crop nutrient demand future standard in that provision. As produce grown in fields or other (i.e., the nutrients needed to support finalized, the Produce Safety Rule growing areas amended with untreated crop growth). Typical examples of establishes that there is no minimum BSAAO (including raw manure): untreated BSAAO are raw cattle application interval required when 1. Data on the prevalence and levels manure, poultry litter, swine slurry, and untreated BSAAO are applied in a of pathogens. horse manure. FDA acknowledges that manner that does not contact covered a. The frequency of detecting the required application intervals for certain produce during or after application presence of pathogens in untreated uses of untreated BSAAO could (§ 112.56(a)(1)(ii)), and the minimum BSAAO and soil amended with BSAAO, influence the number of crop cycles a application interval is [reserved] when such as Salmonella in poultry litter, and farm is able to undertake each year and/ applied in a manner that does not E. coli O157:H7 and other pathogenic or the choices farms make regarding contact produce during application and Shiga-toxin producing E. coli in cattle which type of amendment to apply (e.g., minimizes the potential for contact with manure. Samples may be obtained at raw manure, composted manure, or produce after application different stages of untreated BSAAO other nutrient sources). (§ 112.56(a)(1)(i)). storage prior to application, or after

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application. If available, for each data e. The survival of pathogens on greens, or produce generally) during point, we also invite information produce in the field or other growing transportation and storage; regarding the following: area before harvest; and c. Typical storage conditions (e.g., D The type of untreated BSAAO (e.g., f. The variability in the survival of time, temperature) for produce animal origin and content); different Salmonella serotypes, different (including, for example, specific D subtypes of E. coli O157:H7, or other how the untreated BSAAO, commodities or categories, such as leafy including raw manure, was sampled pathogens of public health significance greens, or produce generally), from and handled prior to analysis; in amended soils under field, harvest until consumer purchase and D the size of the analytical unit (i.e., greenhouse, or laboratory conditions. whether and how those storage detection limit) and test method; 3. On-farm practices with regard to conditions affect pathogen levels; and D the number of positives, the total the use of untreated BSAAO, including, number of samples, and the time period but not limited to, the following aspects. d. The types and concentration of in which the testing was conducted; and a. The extent to which untreated antimicrobial chemicals or other D sampling protocol (e.g., simple BSAAO are used in different regions in treatments, if any, applied to the water random, stratified random, targeted). the United States, as well outside the used for wash or transport of produce b. The pathogen concentration, i.e., United States in regions that export during farm or other distribution the number of pathogen cells per produce to the United States; operations prior to retail, and the amount (unit volume or weight), in b. The types of untreated BSAAO and efficacy of these treatments in reducing contaminated untreated BSAAO or soil the soil type, and associated physical pathogen levels, as well as the amended with untreated BSAAO, and chemical parameters (including but likelihood of cross-contamination especially cattle manure and poultry not exclusive to nutrient content, during wash or transport. litter. If available, for each data point, moisture and pH); and the crops 5. Storage conditions such as times typically grown in each BSAAO- we ask that the data be provided in and temperatures that may affect unaggregated form and that Most amended soil type; pathogen growth and/or survival during Probable Number (MPN) patterns as c. Characterization of the proportion transportation and storage of produce in well as raw data (e.g., number of of produce farms that have one or more the consumer’s home, and consumer positive and negative tubes per serial soil types per geographical location; handling practices with respect to dilution) be provided. d. The amount of untreated BSAAO 2. Data and information on survival of applied per unit surface (e.g., per acre) produce after purchase, including data pathogens (e.g., Salmonella, E. coli or the ratio of untreated BSAAO/soil, and information on consumer washing O157:H7), and pathogen transfer to including typical ratio and variability by practices. produce. commodity type, including, for We are also interested in other a. Kinetic data that describe the example, row crops such as leafy greens; comments concerning, but not limited survival (or inactivation) or growth of e. The time of year, number of to, the types of untreated BSAAO, pathogens in untreated BSAAO, applications, and amount of untreated produce commodities, relevant especially cattle manure and poultry BSAAO that are applied; agricultural and ecological conditions, litter; f. The method of application (e.g., and appropriate mitigation strategies b. Kinetic data that describe the surface, incorporated), and whether or that the Agency should consider in the survival (or inactivation) or growth of not the amended soil is covered (e.g., risk assessment. pathogens in soil amended with with plastic mulch); untreated BSAAO, especially cattle g. Produce commodity type and IV. Reference manure and poultry litter, as influenced cropping cycles; The following reference is on display h. Climate conditions and irrigation by soil type, untreated BSAAO type, in the Division of Dockets Management application method, geographic practices after soil is amended, before (see ADDRESSES) and is available for locations/climatic factors (e.g., and after planting; and viewing by interested persons between temperature, days of sunlight, intensity i. The crop density (e.g., the number of solar irradiation, moisture, rainfall) of rows per bed, and the distance 9 a.m. and 4 p.m., Monday through and other factors; between adjacent rows in a bed), Friday; they are also available c. The mechanisms for pathogen distance between two crop beds (furrow electronically at http:// transfer from soils to specific types or width), and the influence of such factors www.regulations.gov. FDA has verified categories of produce, such as leafy on pathogen transfer. the Web site address, as of the date this greens, or to produce generally, and 4. Harvesting, handling, and storage document publishes in the Federal associated transfer coefficients, conditions that may affect pathogen Register, but Web sites are subject to including irrigation and rain water detection and levels, survival, growth, change over time. splash, direct contact between produce or inactivation between harvest and 1. Food and Drug Administration, 2015. and soil, machinery or people or retail sale along the farm-to-fork ‘‘Final Qualitative Assessment of Risk to animals contaminated by soil and continuum. Public Health from On-Farm directly contacting produce during a. The harvesting practices and the Contamination of Produce.’’ Available at: growth and harvest of produce; average conditions as well as the range http://www.fda.gov/downloads/Food/ d. Pathogen transfer rates (i.e., transfer of climactic conditions prior to FoodScienceResearch/ coefficients) from amended soils to harvesting (e.g., time and temperature, RiskSafetyAssessment/UCM470780.pdf. specific types or categories of produce, rain events) under which produce is Accessed January 20, 2016. such as leafy greens, or to produce handled in the field and in packing Dated: February 29, 2016. generally, as influenced by soil type, operations; untreated BSAAO type, application b. The survival, growth, or Leslie Kux, method, climate factors, commodity inactivation of pathogens on produce Associate Commissioner for Policy. type or any other pertinent factors not (including, for example, specific [FR Doc. 2016–04712 Filed 3–3–16; 8:45 am] listed here; commodities or categories such as leafy BILLING CODE 4164–01–P

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND • If you want to submit a comment HUMAN SERVICES HUMAN SERVICES with confidential information that you do not wish to be made available to the Food and Drug Administration Food and Drug Administration public, submit the comment as a [Docket No. FDA–2016–N–0701] written/paper submission and in the [Docket No. FDA–2012–N–0386] manner detailed (see ‘‘Written/Paper Intent to Review a Nonclinical Study Submissions’’ and ‘‘Instructions’’). Agency Information Collection Data Reviewer’s Guide Template Written/Paper Submissions Activities; Announcement of Office of AGENCY: Food and Drug Administration, Management and Budget Approval; Submit written/paper submissions as HHS. follows: Registration and Product Listing for ACTION: Notice of availability; request • Mail/Hand delivery/Courier (for Owners and Operators of Domestic for comments. written/paper submissions): Division of Tobacco Product Establishments and Dockets Management (HFA–305), Food Listing of Ingredients in Tobacco SUMMARY: The Food and Drug and Drug Administration, 5630 Fishers Products Administration (FDA), Center for Drug Lane, Rm. 1061, Rockville, MD 20852. Evaluation and Research (CDER), is • For written/paper comments AGENCY: Food and Drug Administration, establishing a public docket to collect submitted to the Division of Dockets HHS. comments related to a proposed Management, FDA will post your Nonclinical Study Data Reviewer’s ACTION: Notice. comment, as well as any attachments, Guide (SDRG) template. As part of except for information submitted, FDA’s ongoing collaboration with the marked and identified, as confidential, SUMMARY: The Food and Drug Pharmaceutical Users Software if submitted as detailed in Administration (FDA) is announcing Exchange (PhUSE), an independent, ‘‘Instructions.’’ that a collection of information entitled non-profit consortium addressing Instructions: All submissions received ‘‘Registration and Product Listing for computational science issues, a PhUSE must include the Docket No. FDA– Owners and Operators of Domestic working group developed the PhUSE 2016–N–0701 for ‘‘Intent to Review a Tobacco Product Establishments and Nonclinical SRDG template. The Nonclinical Study Data Reviewer’s Listing of Ingredients in Tobacco purpose of this review is to evaluate the Guide Template.’’ Received comments Products’’ has been approved by the template and determine whether FDA will be placed in the docket and, except Office of Management and Budget will recommend its use either as is, or for those submitted as ‘‘Confidential (OMB) under the Paperwork Reduction in a modified form, for regulatory Submissions,’’ publicly viewable at Act of 1995. submissions of nonclinical study data. http://www.regulations.gov or at the FDA is seeking public comment on the Division of Dockets Management FOR FURTHER INFORMATION CONTACT: FDA use of the PhUSE Nonclinical SDRG between 9 a.m. and 4 p.m., Monday PRA Staff, Office of Operations, Food template for regulatory submissions. through Friday. and Drug Administration, 8455 DATES: Although you can comment on • Confidential Submissions—To Colesville Rd., COLE–14526, Silver the PhUSE Nonclinical SRDG template submit a comment with confidential Spring, MD 20993–0002, PRAStaff@ at any time, to ensure that the Agency information that you do not wish to be fda.hhs.gov. considers your comments in this review, made publicly available, submit your comments only as a written/paper SUPPLEMENTARY INFORMATION: On July please submit either electronic or submission. You should submit two 29, 2015, the Agency submitted a written comments by May 3, 2016. copies total. One copy will include the proposed collection of information ADDRESSES: You may submit comments information you claim to be confidential entitled ‘‘Registration and Product as follows: with a heading or cover note that states Listing for Owners and Operators of Electronic Submissions ‘‘THIS DOCUMENT CONTAINS Domestic Tobacco Product Submit electronic comments in the CONFIDENTIAL INFORMATION.’’ The Establishments and Listing of following way: Agency will review this copy, including Ingredients in Tobacco Products’’ to • Federal eRulemaking Portal: http:// the claimed confidential information, in OMB for review and clearance under 44 www.regulations.gov. Follow the its consideration of comments. The U.S.C. 3507. An Agency may not instructions for submitting comments. second copy, which will have the conduct or sponsor, and a person is not Comments submitted electronically, claimed confidential information required to respond to, a collection of including attachments, to http:// redacted/blacked out, will be available information unless it displays a www.regulations.gov will be posted to for public viewing and posted on http:// currently valid OMB control number. the docket unchanged. Because your www.regulations.gov. Submit both OMB has now approved the information comment will be made public, you are copies to the Division of Dockets collection and has assigned OMB solely responsible for ensuring that your Management. If you do not wish your control number 0910–0650. The comment does not include any name and contact information to be approval expires on January 31, 2019. A confidential information that you or a made publicly available, you can copy of the supporting statement for this third party may not wish to be posted, provide this information on the cover information collection is available on such as medical information, your or sheet and not in the body of your the Internet at http://www.reginfo.gov/ anyone else’s Social Security number, or comments and you must identify this public/do/PRAMain. confidential business information, such information as ‘‘confidential.’’ Any Dated: February 29, 2016. as a manufacturing process. Please note information marked as ‘‘confidential’’ that if you include your name, contact will not be disclosed except in Leslie Kux, information, or other information that accordance with 21 CFR 10.20 and other Associate Commissioner for Policy. identifies you in the body of your applicable disclosure law. For more [FR Doc. 2016–04703 Filed 3–3–16; 8:45 am] comments, that information will be information about FDA’s posting of BILLING CODE 4164–01–P posted on http://www.regulations.gov. comments to public dockets, see 80 FR

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56469, September 18, 2015, or access does not specifically recommend its use. OMB recommends that written the information at: http://www.fda.gov/ Although the Guide does not specify comments be faxed to the Office of regulatoryinformation/dockets/ specific SDRGs for clinical and Information and Regulatory Affairs, default.htm. nonclinical studies, PhUSE project OMB, Attn: FDA Desk Officer, FAX: Docket: For access to the docket to groups have created separate clinical 202–395–7285, or emailed to oira_ read background documents or the and nonclinical studies templates. This [email protected]. All electronic and written/paper comments notice applies specifically to the comments should be identified with the received, go to http:// nonclinical SDRG template. A separate OMB control number 0910–0508 and www.regulations.gov and insert the notice was issued for the clinical SDRG title ‘‘Medical Device User Fee Small docket number, found in brackets in the template in July 2015 (see ‘‘Intent to Business Qualification and heading of this document, into the Review a Study Data Reviewer’s Guide Certification.’’ Also include the FDA ‘‘Search’’ box and follow the prompts Template’’ (80 FR 43779, July 23, docket number found in brackets in the and/or go to the Division of Dockets 2015)). heading of this document. Management, 5630 Fishers Lane, Rm. FDA now intends to review the FOR FURTHER INFORMATION CONTACT: FDA 1061, Rockville, MD 20852. PhUSE Nonclinical SDRG template, a PRA Staff, Office of Operations, Food FOR FURTHER INFORMATION CONTACT: deliverable of the working group effort and Drug Administration, 8455 Crystal Allard, Center for Drug described previously in this document, Colesville Rd., COLE–14526, Silver Evaluation and Research, Food and with the potential result that FDA could Spring, MD 20993–0002, PRAStaff@ Drug Administration, 10903 New recommend the use of the template in fda.hhs.gov. Hampshire Ave., Bldg. 21, Rm. 1518, its current form, or in a modified form, SUPPLEMENTARY INFORMATION: In Silver Spring, MD 20993–0002, 301– for use in the regulatory submission of compliance with 44 U.S.C. 3507, FDA 796–8856, [email protected]. study data in conformance with the has submitted the following proposed SUPPLEMENTARY INFORMATION: Guide. FDA invites public comment on collection of information to OMB for all matters regarding the use of the review and clearance. I. Background PhUSE Nonclinical SDRG template. Medical Device User Fee Small FDA is a participating member of II. Electronic Access Business Qualification and Certification PhUSE, an independent, non-profit consortium of academic, regulatory, The PhUSE Nonclinical SDRG OMB Control Number 0910–0508— non-profit, and private sector entities. template is available at http:// Extension www.phusewiki.org/wiki/ PhUSE provides a global platform for _ _ Section 101 of the Medical Device the discussion of topics encompassing index.php?title=Study Data Reviewer’s_Guide. User Fee and Modernization Act the work of biostatisticians, data (MDUFMA) (Pub. L. 107–250) amends managers, statistical programmers, and Dated: February 29, 2016. the Federal Food, Drug, and Cosmetic e-clinical information technology Leslie Kux, Act, to provide for user fees for certain professionals, with the mission of Associate Commissioner for Policy. medical device applications. FDA providing an open, transparent, and [FR Doc. 2016–04791 Filed 3–3–16; 8:45 am] published a Federal Register notice on collaborative forum to address BILLING CODE 4164–01–P August 3, 2015 (80 FR 46033), computational science issues. As part of announcing fees for fiscal year (FY) this collaboration, PhUSE working 2016. To avoid harming small groups develop and periodically publish DEPARTMENT OF HEALTH AND businesses, MDUFMA provides for proposals for enhancing the review and HUMAN SERVICES reduced or waived fees for applicants analysis of human and animal study who qualify as a small business. This data submitted to regulatory agencies. Food and Drug Administration means there are two levels of fees; a You can learn more about PhUSE [Docket No. FDA–2015–N–3287] standard fee and a reduced or waived working groups at http://www.phuse.eu/ small business fee. You can qualify for cs-working-groups.aspx. (FDA has Agency Information Collection a small business fee discount under verified the Web site addresses, as of the Activities; Submission for Office of MDUFMA if you reported gross receipts date this document publishes in the Management and Budget Review; or sales of no more than $100 million Federal Register, but Web sites are Comment Request; Medical Device on your Federal income tax return for subject to change over time.) User Fee Small Business Qualification the most recent tax year. If you have any In December 2014, FDA published the and Certification affiliates, partners, or parent firms, you Study Data Technical Conformance must add their gross receipts or sales to Guide (the ‘‘Guide,’’ available at http:// AGENCY: Food and Drug Administration, yours, and the total must be no more www.fda.gov/ForIndustry/ HHS. than $100 million. If your gross receipts DataStandards/StudyDataStandards/ ACTION: Notice of availability. or sales are no more than $30 million, default.htm), which contains technical including all of your affiliates, partners, SUMMARY: The Food and Drug recommendations to sponsors for the and parent firms, you will also qualify Administration (FDA) is announcing submission of animal and human study for a waiver of the fee for your first that a proposed collection of data and related information in a (ever) premarket application (product information has been submitted to the standardized electronic format. In development protocol, biologics Office of Management and Budget section 2.2 of the Guide, FDA licensing application, or premarket (OMB) for review and clearance under recommends that each submitted study report). An applicant must pay the full the Paperwork Reduction Act of 1995. contain a Study Data Reviewer’s Guide standard fee unless it provides evidence containing any special considerations or DATES: Fax written comments on the demonstrating to FDA that it meets the directions that may facilitate review of collection of information by April 4, small business criteria (Form FDA 3602, the study data. FDA notes in the Guide 2016. ‘‘FY 2016 MDUFMA Small Business that the PhUSE SDRG template is an ADDRESSES: To ensure that comments on Qualification Certification—For a example of how to create an SDRG but the information collection are received, Business Headquartered in the United

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States’’). The evidence required by qualifying for the small business fee groups/fdagov-public/@fdagov-meddev- MDUFMA is a copy of the most recent rates. Thus, foreign governments, gen/documents/document/ Federal income tax return of the including the European Union, have ucm456779.pdf. This guidance applicant, and any affiliate, partner, or objected. In lieu of a Federal income tax describes the criteria FDA will use to parent firm. FDA will review these return, the 2007 Amendments will decide whether an entity qualifies as a materials and decide whether an allow a foreign business to qualify as a MDUFMA small business and will help applicant is a small business within the small business by submitting a prospective applicants understand what meaning of MDUFMA. certification from its national taxing they need to do to meet the small The 2007 Amendments provide an authority, the foreign equivalent of our business criteria for FY 2016. alternative way for a foreign business to Internal Revenue Service. This The estimated burden is based on the qualify as a small business eligible to certification, referred to as a ‘‘National number of applications received in the pay a significantly lower fee when a Taxing Authority Certification,’’ must: last 3 years and includes time required medical device user fee must be paid (1) Be in English; (2) be from the to collect the required information. (Form FDA 3602A, ‘‘FY 2016 MDUFMA national taxing authority of the country Based on our experience with Form Foreign Small Business Qualification in which the business is headquartered; FDA 3602, FDA believes it will take Certification—For a Business (3) provide the business’ gross receipts each respondent 1 hour to complete the Headquartered Outside the United or sales for the most recent year, in both form. Based on our experience with States’’). Before passage of the 2007 the local currency and in U.S. dollars, Form FDA 3602A, FDA also believes Amendments, the only way a business and the exchange rate used in that it will take each respondent 1 hour could qualify as a small business was to converting local currency to U.S. to complete. submit a Federal (U.S.) income tax dollars; (4) provide the dates during return showing its gross receipts or sales which the reported receipts or sales In the Federal Register of September that did not exceed a statutory were collected; and (5) bear the official 17, 2015 (80 FR 55854), FDA published threshold, currently, $100 million. If a seal of the national taxing authority. a 60-day notice requesting public business could not provide a Federal Both Forms FDA 3602 and FDA comment on the proposed collection of income tax return, it did not qualify as 3602A are available in the guidance information. Although one comment a small business and had to pay the document, ‘‘FY 2016 Medical Device was received, it was not responsive to standard (full) fee. Because many User Fee Small Business Qualification the four collection of information topics foreign businesses have not, and cannot, and Certification; Guidance for Industry, solicited and therefore will not be file a Federal (U.S.) income tax return, Food and Drug Administration Staff, discussed in this document. this requirement has effectively and Foreign Governments’’ available on FDA estimates the burden of this prevented those businesses from the Internet at: http://www.fda.gov/ucm/ collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average FDA Form No. Number of responses per Total annual burden per Total hours respondents respondent responses response

FDA 3602—FY 2016 MDUFA Small Business Qualification and Certification For a Business Headquartered in the United States...... 3,600 1 3,600 1 3,600 FDA 3602A—FY 2016 MDUFA Foreign Small Business Qualification and Certification For a Business Headquartered Outside the United States ...... 1,400 1 1,400 1 1,400

Total ...... 5,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: February 29, 2016. DEPARTMENT OF HEALTH AND guidance entitled ‘‘Labeling for Leslie Kux, HUMAN SERVICES Permanent Hysteroscopically-Placed Associate Commissioner for Policy. Tubal Implants Intended for Food and Drug Administration [FR Doc. 2016–04704 Filed 3–3–16; 8:45 am] Sterilization.’’ This draft guidance addresses the inclusion of a boxed BILLING CODE 4164–01–P [Docket No. FDA–2016–D–0435] warning and a patient decision checklist Labeling for Permanent in the product labeling for permanent Hysteroscopically-Placed Tubal hysteroscopically-placed tubal implants Implants Intended for Sterilization, intended for female sterilization and as Draft Guidance for Industry and Food well as the content and format of those and Drug Administration Staff; materials. This draft guidance is being Availability issued in response to information provided to FDA, including in AGENCY: Food and Drug Administration, comments made at a 2015 Panel meeting HHS. and in comments submitted to the ACTION: Notice of availability. associated public docket, that women SUMMARY: The Food and Drug are not receiving or understanding Administration (FDA or Agency) is information relating to the risks and announcing the availability of the draft benefits of this type of device. This draft

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guidance is not final nor is it in effect those submitted as ‘‘Confidential FOR FURTHER INFORMATION CONTACT: at this time. Submissions,’’ publicly viewable at Jason Roberts, Division of Reproductive, DATES: Although you can comment on http://www.regulations.gov or at the Gastro-Renal, and Urological Devices, any guidance at any time (see 21 CFR Division of Dockets Management Center for Devices and Radiological 10.115(g)(5)), to ensure that the Agency between 9 a.m. and 4 p.m., Monday Health, Food and Drug Administration, considers your comment of this draft through Friday. 10903 New Hampshire Ave., Bldg. 66, guidance before it begins work on the • Confidential Submissions—To Rm. G218, Silver Spring, MD 20993– final version of the guidance, submit submit a comment with confidential 0002, 240–402–6400. either electronic or written comments information that you do not wish to be SUPPLEMENTARY INFORMATION: on the draft guidance by May 3, 2016. made publicly available, submit your I. Background ADDRESSES: You may submit comments comments only as a written/paper as follows: submission. You should submit two Female sterilization is a commonly copies total. One copy will include the performed surgical procedure that Electronic Submissions information you claim to be confidential permanently prevents a woman from Submit electronic comments in the with a heading or cover note that states becoming pregnant by occluding her following way: ‘‘THIS DOCUMENT CONTAINS fallopian tubes. Traditionally, surgery • Federal eRulemaking Portal: http:// CONFIDENTIAL INFORMATION.’’ The has been performed by bilateral tubal www.regulations.gov. Follow the Agency will review this copy, including ligation (BTL) through a laparotomy, a instructions for submitting comments. the claimed confidential information, in mini-laparotomy, transvaginal approach Comments submitted electronically, its consideration of comments. The or at the time of cesarean delivery, and, including attachments, to http:// second copy, which will have the more recently, laparoscopy. During BTL, www.regulations.gov will be posted to claimed confidential information the fallopian tubes are cut or physically the docket unchanged. Because your redacted/blacked out, will be available occluded by using various procedures or comment will be made public, you are for public viewing and posted on http:// medical instruments, such as solely responsible for ensuring that your www.regulations.gov. Submit both electrosurgical coagulation, implantable comment does not include any copies to the Division of Dockets clips, or rings. On November 4, 2002, confidential information that you or a Management. If you do not wish your FDA approved the Essure System for third party may not wish to be posted, name and contact information to be Permanent Birth Control, the first such as medical information, your or made publicly available, you can permanent hysteroscopically-placed anyone else’s Social Security number, or provide this information on the cover tubal implant, as an alternative, non- confidential business information, such sheet and not in the body of your incisional method of providing female as a manufacturing process. Please note comments and you must identify this sterilization. As the number of that if you include your name, contact information as ‘‘confidential.’’ Any hysteroscopic sterilizations with such information, or other information that information marked as ‘‘confidential’’ devices has increased, additional identifies you in the body of your will not be disclosed except in information, including reports of comments, that information will be accordance with 21 CFR 10.20 and other adverse events, has accumulated. Some posted on http://www.regulations.gov. applicable disclosure law. For more of these events have resulted in surgery • If you want to submit a comment information about FDA’s posting of and/or removal of the implants. with confidential information that you comments to public dockets, see 80 FR The Federal Register on July 22, 2015 do not wish to be made available to the 56469, September 18, 2015, or access (80 FR 43440), announced a meeting of public, submit the comment as a the information at: http://www.fda.gov/ a public advisory committee of the FDA written/paper submission and in the regulatoryinformation/dockets/ to seek expert scientific and clinical manner detailed (see ‘‘Written/Paper default.htm. opinion on the risks and benefits of the Submissions’’ and ‘‘Instructions’’). Essure System for Permanent Birth Docket: For access to the docket to Control. On September 24, 2015, FDA Written/Paper Submissions read background documents or the convened its Obstetrics and Gynecology Submit written/paper submissions as electronic and written/paper comments Devices Panel of the Medical Devices follows: received, go to http:// Advisory Committee to discuss • Mail/Hand delivery/Courier (for www.regulations.gov and insert the available data regarding benefits, risks, written/paper submissions): Division of docket number, found in brackets in the and potential mitigation strategies to Dockets Management (HFA–305), Food heading of this document, into the prevent or reduce the frequency/severity and Drug Administration, 5630 Fishers ‘‘Search’’ box and follow the prompts of the adverse events reported in Lane, Rm. 1061, Rockville, MD 20852. and/or go to the Division of Dockets association with this device (Ref. 1). • For written/paper comments Management, 5630 Fishers Lane, Rm. FDA is issuing this draft guidance submitted to the Division of Dockets 1061, Rockville, MD 20852. document after considering the input of Management, FDA will post your Submit written requests for a single the Panel members and other comment, as well as any attachments, copies of the guidance to the Office of stakeholders. FDA believes that the except for information submitted, the Center Director, Guidance and labeling described in this guidance will marked and identified, as confidential, Policy Development, Center for Devices help to ensure that women are receiving if submitted as detailed in and Radiological Health, Food and Drug and understanding information about ‘‘Instructions.’’ Administration, 10903 New Hampshire the risks and benefits of these devices so Instructions: All submissions received Ave., Bldg. 66, Rm. 5431, Silver Spring, that they can make informed decisions must include the Docket No. FDA– MD 20993–0002. Send one self- regarding use of these devices. In 2016–D–0435 for ‘‘Labeling for addressed adhesive label to assist that addition to issuing this guidance, FDA Permanent Hysteroscopically-Placed office in processing your request. See continues to determine what, if any, Tubal Implants Intended for SUPPLEMENTARY INFORMATION section for further actions are warranted in Sterilization.’’ Received comments will electronic access to the draft guidance response to these reported adverse be placed in the docket and, except for document. events.

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II. Significance of Guidance www.fda.gov/AdvisoryCommittees/ maintaining recovery; and a reduction This draft guidance is being issued CommitteesMeetingMaterials/ in the number of deaths from opioid consistent with FDA’s good guidance MedicalDevices/MedicalDevices overdose. AdvisoryCommittee/Obstetricsand practices regulation (21 CFR 10.115). DATES: The challenge starts on March 4, The draft guidance, when finalized, will GynecologyDevices/ 2016 10:00 a.m. ET. The challenge ends represent the current thinking of FDA ucm463457.htm. on May 27, 2016 11:59 p.m. ET. on ‘‘Labeling for Permanent Dated: February 29, 2016. FOR FURTHER INFORMATION CONTACT: Hysteroscopically-Placed Tubal Leslie Kux, Danielle Tarino Rivkin, Health Implants Intended for Sterilization.’’ It Associate Commissioner for Policy. Information Technology Team, Center does not establish any rights for any [FR Doc. 2016–04790 Filed 3–3–16; 8:45 am] for Substance Abuse Treatment, person and is not binding on FDA or the BILLING CODE 4164–01–P Substance Abuse and Mental Health public. You can use an alternative Services Administration, U.S. approach if it satisfies the requirements Department of Health and Human of the applicable statutes and DEPARTMENT OF HEALTH AND Services, Public Health Advisor, regulations. HUMAN SERVICES SAMHSA/CSAT, 5600 Fishers Lane, III. Electronic Access Rockville, MD 20857, Phone: Substance Abuse and Mental Health 240.276.2857, Email: Danielle.Tarino@ Persons interested in obtaining a copy Services Administration samhsa.hhs.gov. of the draft guidance may do so by downloading an electronic copy from Announcement of Requirements and SUPPLEMENTARY INFORMATION: the Internet. A search capability for all Registration for the Opioid Overdose Subject of Challenge Competition: Center for Devices and Radiological Prevention Challenge Opioid Recovery Support. Health guidance documents is available Eligibility Rules for Participating in the Authority: 15 U.S.C. 3719. at http://www.fda.gov/MedicalDevices/ Competition DeviceRegulationandGuidance/ AGENCY: SAMHSA, HHS. To satisfy the mandatory provisions of GuidanceDocuments/default.htm. ACTION: Notice. Guidance documents are also available the COMPETES Act, use the following at http://www.regulations.gov. Persons SUMMARY: In summarizing the challenge language: unable to download an electronic copy that will be issued by your agency, A. The Competition is open only to: of ‘‘Labeling for Permanent please answer the following four (i) Individuals who are at least 18 Hysteroscopically-Placed Tubal questions: years of age at the time of entry, and are Implants Intended for Sterilization’’ (1) What action is being taken? citizens or permanent residents of the may send an email request to CDRH- The Substance Abuse and Mental United States as of the time of entry; [email protected] to receive an Health Services Administration (ii) teams of eligible individuals electronic copy of the document. Please (SAMHSA) has issued a challenge to where each team member meets the use the document number 1500051 to developers to help support patients in eligibility requirements for individual identify the guidance you are recovery who are receiving medication Contestants; and requesting. assisted treatment for opioid use (iii) corporations (including not-for- disorder with an innovative app that profit corporations and other nonprofit IV. Paperwork Reduction Act of 1995 provides features and information that organizations), limited liability This draft guidance refers to support their recovery. companies, partnerships, and other legal previously approved collections of (2) Why is this action necessary? entities that, at the time of entry, are information found in FDA regulations. Addressing the opioid epidemic is a domiciled (or incorporated) in the These collections of information are top priority for the U.S. Department of United States, have been duly organized subject to review by the Office of Health and Human Services and the or incorporated and validly exist, and Management and Budget (OMB) under Secretary is committed to evidence- employ no more than one hundred (100) the Paperwork Reduction Act of 1995 informed interventions to turn the tide people (‘‘Organizations’’). (44 U.S.C. 3501–3520). The collections against opioid drug-related overdose B. Each team or Organization shall of information in 21 CFR part 801, and misuse. To that end, Substance appoint one individual (the regarding labeling have been approved Abuse and Mental Health Services ‘‘Representative’’) to represent and act, under OMB control number 0910–0485. Administration (SAMHSA) is issuing a including entering a Submission, on V. Reference three-month challenge to spur behalf of said team or Organization. The developers to create an app that Representative must meet the eligibility The following reference is on display provides additional recovery support to requirements for an individual in the Division of Dockets Management patients receiving outpatient Contestant and must be duly authorized (see ADDRESSES) and is available for medication-assisted treatment for opioid to submit on behalf of the team or viewing by interested persons between use disorder. Organization. The Representative 9 a.m. and 4 p.m., Monday through (3) What is the objective of the represents and warrants that: (i) He/she Friday; it are also available challenge? is duly authorized to act on behalf of the electronically at http:// To provide support to people in team or Organization; and (ii) each www.regulations.gov. FDA has verified recovery from opioid use disorder member of the team (or in the case of the Web site address, as of the date this receiving medication assisted-treatment Organization, each participating document publishes in the Federal so that they can maintain treatment and member) has read the Official Rules and Register, but Web sites are subject to achieve long-term recovery. agrees to abide by these Official Rules. change over time. (4) What is the intended effect of this The Representative will ensure that 1. Meeting Materials of the Obstetrics action? each member of the team or and Gynecology Devices Panel An increase in the number of Organization reads, agrees to, and (2015), available at http:// individuals with opioid use disorders complies with the Official Rules.

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C. An individual may join more than samhsaopioidrecoveryapp.devpost.com/ him or herself from judging a one team or Organization, and an (the ‘‘Competition Web site’’) and click Submission if the Judge, the Sponsor or individual who is part of a team or ‘‘Sign Up’’ to create a Devpost account, the Administrator considers that it is Organization may also enter the or click ‘‘Log In’’ and log in with an inappropriate, for any reason, for the Competition on an individual basis. existing Devpost account. There is no Judge to evaluate a specific Submission D. The following individuals, teams, charge for creating a Devpost account. or group of Submissions. and Organizations are not eligible (ii) After a Contestant signs up on the C. A Contestant’s likelihood of regardless of whether or not they meet Competition Web site, a confirmation winning will depend primarily on the the criteria set forth above: email will be sent to the email address number and quality of all of the (i) The Sponsor, the Administrator, provided by the Contestant. The Submissions, as determined by the and any advertising agency, contractor Contestant should use the confirmation Judges using the criteria in these Official or other organization involved with the email to verify their email address. Rules. The judging period is May 30, design, production, promotion, (iii) Contestant should indicate their 2016 at 10:00 a.m. Eastern Time through execution, or distribution of the agreement in participating by clicking July 1, 2016 at 11:59 p.m. Eastern Time Competition (collectively ‘‘Promotion ‘‘Register’’ on the Competition Web site (the ‘‘Judging Period’’). Entities’’); all employees, in order to receive important D. Criteria: representatives and agents of such Competition updates. Judging Criteria: Promotion Entities; and all members of (iv) In the event of a dispute a. Quality of Idea (Includes the degree any such employee, representative or pertaining to this Competition, the to which the proposed app can support agent’s immediate family or household; authorized account holder of the email patient recovery by addressing the (ii) any individual involved with the address used to sign up for the Devpost required and optional insights, the design, production, promotion, account used to enter the Submission creativity of the idea and the innovation execution, or distribution of the will be deemed to be the Contestant (in of the proposed app to support Competition and each member of any case of an individual) and the recovery). such individual’s immediate family or Contestant’s Representative, in the case b. Implementation of Idea (Includes household; of a team or Organization. The how well the idea was implemented (iii) any company or individual that ‘‘authorized account holder’’ is the including the user experience, design employs any Judge or that otherwise has natural person or legal entity assigned and technical functionality). a material business relationship or an email address by an Internet access c. Potential Impact (Includes the affiliation with any Judge; provider, online service provider or patient value and potential impact the (iv) any parent company, subsidiary, other organization responsible for application can have for individuals in or other affiliate of any company assigning email addresses for the recovery). described above. domain associated with the submitted E. If deemed necessary by the judging E. This Challenge falls under the address. Contestants generally and panel, each of the top five finalists may COMPETES Act. As such, if a potential winners may be required to be asked to participate in a virtual or in- Contestant is a federal grantee, they may show proof of being the authorized person meeting with federal staff to not use federal funds to develop account holder. discuss their Application and COMPETES Act challenge applications Amount of the Prize: 1st prize: demonstrate its operation. The purpose unless consistent with the purpose of $15,000 cash; 2nd prize: $7,500 cash; of these meetings will be to further their grant award. 3rd prize: $5,000 cash. evaluate the Contestant’s product, Payment of the Prize: Prize payment F. If Contestant is a federal contractor, provide any additional information to will be paid by contractor. they may not use federal funds from a SAMHSA, and clarify any concerns or contract to develop COMPETES Act Basis Upon Which Winner Will Be questions raised by the review panel. challenge applications or to fund efforts Selected F. Tie Breakers. In the event of a tie in support of a COMPETES Act between two or more Submissions, the challenge submission. A. All eligible Submissions will be judged by an expert panel of impartial panel of Judges will vote on the tied G. For purposes hereof: submissions. (i) The members of an individual’s judges (the ‘‘Judges’’) selected by the G. The Sponsor reserves the right, in immediate family include such Sponsor. The internal panel will judge these Submissions on the criteria its sole discretion, to individual’s spouse, children and step- a. cancel, suspend, or modify the children, parents and step-parents, and identified in these Official Rules to select finalist Submissions. Finalist Challenge, and/or siblings and step-siblings; and b. not award any prizes if no (ii) the members of an individual’s Submissions will then be judged by the submissions are deemed worthy. household include any other person that expert judging panel determined by the H. All decisions made by the Sponsor shares the same residence as such Sponsor. The judging panel is not regarding adherence to contest rules are individual for at least three (3) months required to test the Application and may final. out of the year. choose to judge based solely on the text I. All selection of contest winners is H. A Contestant will not be deemed description and video provided in the final. ineligible because the individual or Submission. The Sponsor and the entity used federal facilities or Administrator reserve the right to divide Additional Information consulted with federal employees and assign the criteria identified below B. Submission during a competition if the facilities and in these Official Rules among different employees are made available to all members of the internal and expert (i) Contestants must create a working Contestants participating in the judging panels. The Sponsor and the software application. Apps must be competition on an equitable basis. Administrator reserve the right to developed as either: substitute or modify the judging panel at a. iOS or Android, as a downloadable Registration Process for Participants any time for any reason. app. (i) Beginning on March 4, 2016 at B. All Judges shall be and remain fair Contestants can submit an app 10:00 a.m. Eastern Time, visit http:// and impartial. Any Judge may recuse developed for just one operating system

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(OS) but the 1st place winner must Administrator before the end of the or alterations to the Submission until develop for both iOS and Android Challenge Submission Period using one the end of the Judging Period. within six months of winning the prize of the following methods: The iOS App Contestants may save draft versions of OR file registered to the reviewers unique their Submission before entering it on b. an HTML5 mobile web application device ID (UDID), the Sponsor will the Competition Web site. accessible via a mobile browser (Chrome provide UDIDs upon request (see (4) The Sponsor and/or the or Safari) on the device. contact info at the end of the rules Administrator, at their sole discretion, (i) The 1st place winner will need to section). For more details see: https:// may permit a Contestant to modify part host the HTML5 mobile web app for at developer.apple.com/library/ios/ of the Submission after the Competition least 2 years from delivery of signed documentation/IDEs/Conceptual/ Submission Deadline for the purpose of affidavit by prizewinner AppDistributionGuide/ removing material that potentially c. both a. and b. above. TestingYouriOSApp/ infringes a third party mark or right, (ii) During the Competition TestingYouriOSApp.html. discloses personally identifiable Submission Period, Contestant must OR, provide a link to the app in the information, or is otherwise visit the Competition Web site and Apple iTunes store; inappropriate or deemed not relevant by confirm that he or she has, or if OR contestants can use one of the the administrator. The modified Contestant is a Representative, all following options: Submission must remain substantively members of their team or Organization Beta by Crashalytics You may send the same as the original Submission have, read and agree to the Official the Administrator a beta test via with the only modification being what Rules. Then, Contestant must submit its Crashalytics. Use the Administrator’s is permitted by the Sponsor and/or Submission by providing the following testing email ([email protected]) Administrator. Any modifications items included in subsections a-n and UDID’s (Sponsor will provide beyond what is permitted may result in below: UDIDs upon request) to provision a disqualification. a. The name of the Application; build and send the Administrator a link (5) Applications cannot be changed b. a brief text description (no more via the ‘‘Share Links’’ button. Add the after the Competition Submission than 350 words) of the Application and testing link to the Enter a Submission Period and before the end of the Judging how it functions; including a list of the form under ‘‘iOS Build Link’’. Beta by Period, unless the Contestant has features and how they address the Crashalytics is a free service. Please provided an installation file and testing insights provided in Attachment A. If review the how-to for their Beta instructions on the Enter an Application any additional resources have been Distribution tool. form on the Competition Web site. provided in the Application by the Diawi Send the beta file via Diawi. (6) Upon award the winner must Contestant, the Contestant will submit After uploading your file, Diawi creates submit a project directory with all an Excel or .csv file with a list of all the a unique short URL to access the supporting assets, such as uncompiled additional resources that includes the installation page (for ex: aBcDeF). When code, data, images, etc., belonging to the title of the resource; the source of the opened in Safari on the iOS device, the application for review. resource; and a link to the resource if page will display a link to install the applicable. Additionally, if Application application. Note that you will need to 5. Submission Requirements uses any additional copyrighted include provisioning for one or more of A. Language Requirements material, contestant must have written the UDIDs the Sponsor will provide consent to use it. The Administrator upon request. All Submission materials must be in and/or Sponsor reserves the right to i. for Web or HTML5 mobile Web: A English. request additional documentation from link to a Web site where the application B. Text Description, Image and Video Contestants to verify this information. can be accessed free of charge; Requirements c. a text description of testing j. step-by-step testing instructions instructions for the app; including the minimum operating (i) The text description must describe d. at least one image (screenshot) of system or Web browser version required the Application’s key features and the working Application; for testing and login instructions, if a functionality, and must outline how the e. a link to a video uploaded to login is required; features address the insights specified Devpost.com and YouTube.com that k. the submitter type (individual, by the Administrator in Attachment A. clearly demonstrates the Application’s team, or organization); (ii) The image(s) must be photographs functionality and features (by walking l. the Organization name, if the or screenshots of your working through the Application); submitter is an Organization; and Application. f. the Application platform (iOS, m. the Contestant Representative’s (iii) The video portion of the Android, HTML5 Web); phone number; Submission: g. for Android applications: The n. the Contestant’s email address. a. Should be no longer than five (5) Android APK file and any other (Note that items a-n above, are minutes; associated files needed to run the app or collectively a ‘‘Submission.’’) b. must clearly demonstrate the a link to the app in the Google Play (2) For sake of clarity, all parts of the Application’s features and functionality, store; Submission must be entered at the same especially those that address the h. for IOS applications: time on the Competition Web site. All required assets and insights; and If your Application is available on the Submissions must be received by no c. must not include music or other iTunes App Store provide a link in the later than 11:59 p.m. Eastern Time on copyrighted material or use third party ‘‘Web site URL’’ field on ‘‘Enter a May 27, 2016. Applications that cannot trademarks unless the Contestant has Submission’’ form. If you charge a fee be accessed for judging during the written permission to use such material. for downloading your Application, you Judging Period will be disqualified. (iv) If the video is primarily must provide a promo code. (3) Once a Submission has been promotional rather than a If your Application is not yet publicly submitted and the Competition demonstration of the Application’s available on the iTunes App Store, you Submission Period has ended, a functionality and features (by walking must send a test build to the Contestant may not make any changes through the Application), the

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Submission may be disqualified at the period of at least one (1) year. Each (ii) Submissions must not attempt to Sponsor’s and/or Administrator’s sole Application must be available free of duplicate a prior Submission already discretion. charge for testing, evaluation and use by submitted in this Competition. Sponsor (v) Please provide a description of the Competition Sponsor, Administrator or Administrator reserves the right in its ideas for how you could promote the and judges during the Competition and sole discretion to disqualify any app if you are a prizewinner (350 words until the Judging Period ends at 11:59 Submission that is a duplicate or max). p.m. Eastern Time on July 1, 2016. For substantially similar to another one year following the prize Submission. C. Content Requirements distribution, prize winners will be (iii) Submissions must be free of (i) The Submission must only address required to provide to the Sponsor a malware. Contestant agrees that the insights provided. report of monthly data on the number of Sponsor and the Administrator may (ii) The Submission must include the app downloads. conduct testing on the Application to required information contained in the (viii) Contestants must acknowledge, determine whether malware or other INSERT ASSET FILE NAME. This as a prerequisite to any subsequent security threats may be present. includes APIs and resources. The acquisition by federal contract or other Submission not complying with these ASSET FILE NAME will indicate method, they may be required to make requirements may be disqualified. whether content is optional or required. their product compliant with Section (iv) Each Application will be tested by Entries may not substantially alter the 508 accessibility and usability the Administrator, the Sponsor or their meaning, intent, or otherwise requirements at their own expense. Any designees. Submissions may be misrepresent the content in whole or in electronic information technology that disqualified if the Application does not part. The intention of this clause is to is ultimately obtained by HHS for its function as depicted in the video or ensure that the integrity of the content use, development, or maintenance must expressed in the text description, at the is maintained. meet Section 508 accessibility and Sponsor’s and/or Administrator’s sole (iii) The Submission must target usability standards. Past experience has discretion. individuals in recovery from opioid demonstrated that it can be costly for (v) Prizewinners may be required to misuse who are receiving outpatient solution-providers to ‘‘retrofit’’ submit the source code and any relevant medication-assisted treatment. solutions if remediation is later needed. data of their Application to the (iv) The submission features should The HHS Section 508 Evaluation Administrator and/or Sponsor upon be designed to encourage repeat usage of Product Assessment Template, available request at any time. the app. at www.hhs.gov/od/vendors/index.html, (vi) A Contestant may submit more (v) A Submission must not include an provides a useful roadmap for than one Submission. However, each audio or visual performance, including developers to review. It is a simple, Submission must be unique, as but not limited to music, dance, or other Web-based checklist utilized by HHS determined by Sponsor and/or the performing art, third-party copyrighted officials to allow vendors to document Administrator in their sole discretion. If material or trademarks, unless the how their products do or do not meet a Contestant enters two or more Contestant has written permission to the various Section 508 requirements. Submissions that are substantially use such material. (ix) Submissions requiring approval similar, the Sponsor and Administrator (vi) The Submission must not use from a third party, such as an app store, reserve the right to disqualify HHS’s or SAMHSA’s logos or official in order to be accessible to the public, Submissions or require the Contestant to seals and must not claim endorsement. must be submitted to such third party or choose one Submission to enter into the D. Application Requirements app store for review before the end of Competition. In addition to the requirements the Competition Submission Period. For (vii) Submissions must not include described above in Sections 5(A)–5(C): any software that is not a web or mobile any email addresses, phone numbers, (i) The Application must be able to be Web Application run on a web browser addresses, or social security numbers in successfully installed and capable of (tablet and desktop Applications), the Submission name, text description, running consistently as described on the Contestants will be required to provide video, or images. platform for which it is intended. an installation file containing the (viii) Contestants must not imply (ii) Applications may be newly Application. endorsement of their Application by the created or existing applications E. General Requirements Sponsor in any of the Submission modified to meet the requirements of components or in any advertising or the Competition. (i) Submissions must not: media, including Web sites and app (iii) Applications must be designed a. Violate any law or regulation; stores, featuring the Contestant’s for use with existing modern b. depict hatred; Application. smartphones. c. be in bad taste; (ix) Submissions must: (a) Be the (iv) Applicants using HTML5 should d. denigrate (or be derogatory original work product of the Contestant; limit the data burden on users and towards) any person or group of persons (b) be solely owned by Contestant and where possible the submissions should or any race, ethnic group or culture; with no other person or entity having leverage local storage and client-side e. threaten a specific community in any right or interest in it; and (c) not cache options. society, including any specific race, violate the Intellectual Property rights or (v) Applications must not collect or ethnic group or culture; other rights including but not limited to store personally identifiable information f. incite violence or be likely to incite copyright, trademark, patent, contract, (PII) or protected health information violence; and/or privacy rights, of any other (PHI) as defined in 45 CFR 160.103. g. contain vulgar or obscene language person or entity. A Contestant may (vi) Applications must not collect or or excessive violence; contract with a third party for technical require input of end user email h. contain pornography, obscenity or assistance to create the Submission addresses within the Application. sexual activity; or provided the Submission components (vii) The Prizewinners must offer the i. disparage the Sponsor or are solely the Contestant’s work product Application to the public for free for a Administrator. and the result of the Contestant’s ideas

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and creativity, and the Contestant owns reviewed for suitability for use to assist Notice showing it as either suitable/ all rights to them. the homeless. The properties were available or suitable/unavailable. (x) By entering a Submission, reviewed using information provided to For properties listed as suitable/ Contestant represents, warrants and HUD by Federal landholding agencies unavailable, the landholding agency has agrees that the Submission (including, regarding unutilized and underutilized decided that the property cannot be without limitation, the Application) is buildings and real property controlled declared excess or made available for the original work of the Contestant and by such agencies or by GSA regarding use to assist the homeless, and the complies with the Official Rules. its inventory of excess or surplus property will not be available. Contestant further represents, Federal property. This Notice is also warrants and agrees that any use of the published in order to comply with the Properties listed as unsuitable will Submission by the Sponsor, December 12, 1988 Court Order in not be made available for any other Administrator and/or Judges (or any of National Coalition for the Homeless v. purpose for 20 days from the date of this their respective partners, subsidiaries Veterans Administration, No. 88–2503– Notice. Homeless assistance providers and affiliates) as authorized by these OG (D.D.C.). interested in a review by HUD of the Official Rules, shall not: Properties reviewed are listed in this determination of unsuitability should a. Infringe upon, misappropriate or Notice according to the following call the toll free information line at 1– otherwise violate any intellectual categories: Suitable/available, suitable/ 800–927–7588 for detailed instructions property right or proprietary right unavailable, and suitable/to be excess, or write a letter to Ann Marie Oliva at including, without limitation, any and unsuitable. The properties listed in the address listed at the beginning of statutory or common law trademark, the three suitable categories have been this Notice. Included in the request for copyright or patent, nor any privacy reviewed by the landholding agencies, review should be the property address rights, moral rights nor any other rights and each agency has transmitted to (including zip code), the date of of any person or entity; or HUD: (1) Its intention to make the publication in the Federal Register, the b. constitute or result in any property available for use to assist the landholding agency, and the property misappropriation or other violation of homeless, (2) its intention to declare the number. any person’s publicity rights or right of property excess to the agency’s needs, or For more information regarding privacy. (3) a statement of the reasons that the particular properties identified in this property cannot be declared excess or Notice (i.e., acreage, floor plan, existing Summer King, made available for use as facilities to sanitary facilities, exact street address), Statistician. assist the homeless. providers should contact the [FR Doc. 2016–04815 Filed 3–3–16; 8:45 am] Properties listed as suitable/available appropriate landholding agencies at the BILLING CODE 4162–20–P will be available exclusively for following addresses: GSA: Mr. Flavio homeless use for a period of 60 days Peres, General Services Administration, from the date of this Notice. Where Office of Real Property Utilization and DEPARTMENT OF HOUSING AND property is described as for ‘‘off-site use Disposal, 1800 F Street NW., Room 7040 URBAN DEVELOPMENT only’’ recipients of the property will be Washington, DC 20405, (202) 501–0084; NASA: Mr. Frank T. Bellinger, Facilities [Docket No. FR–5907–N–10] required to relocate the building to their own site at their own expense. Engineering Division, National Federal Property Suitable as Facilities Homeless assistance providers Aeronautics & Space Administration, To Assist the Homeless interested in any such property should Code JX, Washington, DC 20546, (202) send a written expression of interest to 358–1124; NAVY: Mr. Steve Matteo, AGENCY: Office of the Assistant HHS, addressed to: Ms. Theresa M. Department of the Navy, Asset Secretary for Community Planning and Ritta, Chief Real Property Branch, the Management; Division, Naval Facilities Development, HUD. Department of Health and Human Engineering Command, Washington ACTION: Notice. Services, Room 5B–17, Parklawn Navy Yard, 1330 Patterson Ave. SW., Building, 5600 Fishers Lane, Rockville, Suite 1000, Washington, DC 20374; SUMMARY: This Notice identifies MD 20857, (301) 443–2265 (This is not (202) 685–9426; (These are not toll-free unutilized, underutilized, excess, and a toll-free number.) HHS will mail to the numbers). surplus Federal property reviewed by interested provider an application Dated: February 25, 2016. HUD for suitability for use to assist the packet, which will include instructions homeless. Brian P. Fitzmaurice, for completing the application. In order Director, Division of Community Assistance, FOR FURTHER INFORMATION CONTACT: to maximize the opportunity to utilize a Office of Special Needs Assistance Programs. Juanita Perry, Department of Housing suitable property, providers should and Urban Development, 451 Seventh submit their written expressions of TITLE V, FEDERAL SURPLUS PROPERTY Street SW., Room 7266, Washington, DC interest as soon as possible. For PROGRAM FEDERAL REGISTER REPORT FOR 03/04/2016 20410; telephone (202) 402–3970; TTY complete details concerning the number for the hearing- and speech- processing of applications, the reader is Suitable/Available Properties impaired (202) 708–2565 (these encouraged to refer to the interim rule Land telephone numbers are not toll-free), or governing this program, 24 CFR part call the toll-free Title V information line 581. New Jersey at 800–927–7588. For properties listed as suitable/to be 49 Acres SUPPLEMENTARY INFORMATION: In excess, that property may, if Woodbridge Avenue accordance with 24 CFR part 581 and subsequently accepted as excess by Edison NJ 08817 Landholding Agency: GSA section 501 of the Stewart B. McKinney GSA, be made available for use by the Property Number: 54201610006 Homeless Assistance Act (42 U.S.C. homeless in accordance with applicable Status: Excess 11411), as amended, HUD is publishing law, subject to screening for other GSA Number: NJ–0944–AA this Notice to identify Federal buildings Federal use. At the appropriate time, Comments: 49 acres, contact GSA for more and other real property that HUD has HUD will publish the property in a information.

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Unsuitable Properties information. Persons with hearing or information described in Section A on Building speech impairments may access this the following: number through TTY by calling the toll- (1) Whether the proposed collection Mississippi free Federal Relay Service at (800) 877– of information is necessary for the Bldg.: 1210 Multi-Purpose Office 8339. proper performance of the functions of Stennis Space Center the agency, including whether the Hancock County MS 39529 FOR FURTHER INFORMATION CONTACT: Landholding Agency: NASA Arlette Mussington, Office of Policy, information will have practical utility; Property Number: 71201610001 Programs and Legislative Initiatives, (2) The accuracy of the agency’s Status: Unutilized PIH, Department of Housing and Urban estimate of the burden of the proposed Comments: public access denied and no Development, 451 7th Street SW., collection of information; alternative method to gain access without (L’Enfant Plaza, Room 2206), (3) Ways to enhance the quality, compromising national security. Washington, DC 20410; telephone 202– utility, and clarity of the information to Reasons: Secured Area. 402–4109, (this is not a toll-free be collected; and Land number). Persons with hearing or (4) Ways to minimize the burden of Virginia speech impairments may access this the collection of information on those number via TTY by calling the Federal who are to respond; including through 96 Acres the use of appropriate automated Naval Air Station Oceana Information Relay Service at (800) 877– Virginia Beach VA 23460 8339. Copies of available documents collection techniques or other forms of Landholding Agency: Navy submitted to OMB may be obtained information technology, e.g., permitting Property Number: 77201610022 from Ms. Mussington. electronic submission of responses. Status: Underutilized SUPPLEMENTARY INFORMATION: This HUD encourages interested parties to Comments: public access denied and no notice informs the public that HUD is submit comment in response to these alternative method to gain access without questions. compromising national security. seeking approval from OMB for the Authority: Section 3507 of the Paperwork Reasons: Secured Area. information collection described in Section A. Reduction Act of 1995, 44 U.S.C. Chapter 35 [FR Doc. 2016–04497 Filed 3–3–16; 8:45 am] as amended. BILLING CODE 4210–67–P A. Overview of Information Collection Dated: February 23, 2016. Title of Information Collection: Public Merrie Nichols-Dixon, Housing Agency (PHA) Lease and DEPARTMENT OF HOUSING AND Deputy Director, Office of Policy, Programs Grievance Requirements. URBAN DEVELOPMENT and Legislative Initiatives. OMB Approval Number: 2577–0006. [FR Doc. 2016–04776 Filed 3–3–16; 8:45 am] [Docket No. FR–5916–N–03] Type of Request: Revision of a BILLING CODE 4210–67–P currently approved collection. 60-Day Notice of Proposed Information Form Number: N/A. Collection: Public Housing Agency Description of the need for the DEPARTMENT OF HOUSING AND (PHA) Lease and Grievance information and proposed use: The URBAN DEVELOPMENT Requirements Public Housing lease and grievance [Docket No. FR–5910–N–02] AGENCY: Office of the Assistant procedures are a recordkeeping requirement on the part of Public Secretary for Public and Indian 60-Day Notice of Proposed Information Housing agencies (PHAs) as they are Housing, HUD. Collection: Border Community Capital required to enter into and maintain ACTION: Notice. Initiative and Semi-Annual Reporting lease agreements for each individual or SUMMARY: HUD is seeking approval from family that occupies a Public Housing AGENCY: Office of Community Planning the Office of Management and Budget unit. Also, both PHAs and tenants are and Development, HUD. (OMB) for the information collection required to follow the protocols set forth ACTION: Notice. described below. In accordance with the in the grievance procedures for both an Paperwork Reduction Act, HUD is informal and formal grievance hearing. SUMMARY: HUD is seeking approval from requesting comment from all interested This information collection is a revision the Office of Management and Budget parties on the proposed collection of of the previous submission. The (OMB) for the information collection information. The purpose of this notice reduction in burden hours is described below. In accordance with the is to allow for 60 days of public attributable to a fewer number of tenants Paperwork Reduction Act, HUD is comment. in public housing covered by these lease requesting comment from all interested and grievance procedures. parties on the proposed collection of DATES: Comments Due Date: May 3, Respondents (i.e. affected public): 2016. information. The purpose of this notice Public Housing Authorities (PHAs). is to allow for 60 days of public ADDRESSES: Interested persons are Estimated Number of Respondents: comment. invited to submit comments regarding 945,539. DATES: Comments Due Date: May 3, this proposal. Comments should refer to Estimated Number of Responses: 2016. the proposal by name and/or OMB 1,359,284. Control Number and should be sent to: Frequency of Response: 1. ADDRESSES: Interested persons are Colette Pollard, Reports Management Average Hours per Response: .25. invited to submit comments regarding Officer, QDAM, Department of Housing Total Estimated Burdens: 330,939 this proposal. Comments should refer to and Urban Development, 451 7th Street hours. the proposal by name and/or OMB SW., Room 4176, Washington, DC Control Number and should be sent to: 20410–5000; telephone 202–402–3400 B. Solicitation of Public Comment Colette Pollard, Reports Management (this is not a toll-free number) or email This notice is soliciting comments Officer, QDAM, Department of Housing at [email protected] for a copy of from members of the public and affected and Urban Development, 451 7th Street the proposed forms or other available parties concerning the collection of SW., Room 4176, Washington, DC

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20410–5000; telephone 202–402–3400 HUD 2880; HUD 2990; HUD 2991; HUD agencies recognize that the targeted (this is not a toll-free number) or email 2993; HUD 2994A; HUD 27061; and border communities and populations at [email protected] for a copy of HUD 27300. receive insufficient services because the proposed forms or other available Description of the need for the they lack organizations with the information. Persons with hearing or information and proposed use: The capacity to effectively respond to speech impairments may access this Border Community Capital Initiative community needs. Conversely, higher- number through TTY by calling the toll- (‘‘Border Initiative’’) is a collaborative capacity organizations working along free Federal Relay Service at (800) 877– effort among three federal agencies—the the border consistently cite lack of 8339. Department of Housing and Urban access to capital as a major barrier to FOR FURTHER INFORMATION CONTACT: Development (HUD), the Department of expansion. Thann Young, Office of Rural Housing the Treasury—Community Development The Border Initiative focuses on and Economic Development, Financial Institutions Fund (CDFI Fund) improving colonias communities and Department of Housing and Urban and the Department of Agriculture— creating asset building opportunities for Development, 451 7th Street SW., Room Rural Development (USDA–RD). The colonias residents by helping local 7240, Washington, DC 20410; email Initiative’s goal is to increase access to financial institutions improve their Thann Young at [email protected] capital for affordable housing, business capacity to raise capital, and to lend and or telephone 202–708–2290. This is not lending and community facilities in the invest it in their communities. a toll-free number. Persons with hearing chronically underserved and Strengthening local community or speech impairments may access this undercapitalized U.S./Mexico border development lenders and investors will number through TTY by calling the toll- region. Specifically, it will provide also widen the channels through which free Federal Relay Service at (800) 877– direct investment and technical larger private institutions and federal 8339. assistance to community development agencies can reach potential home Copies of available documents lending and investing institutions that owners, renters, business owners, submitted to OMB may be obtained focus on affordable housing, small facilities operators and service providers from Ms. Pollard. business and community facilities to who need their support. SUPPLEMENTARY INFORMATION: This benefit the residents of colonias. The list of federally recognized Indian notice informs the public that HUD is HUD, USDA–RD and the CDFI Fund tribes can be found in the notice seeking approval from OMB for the have all identified lack of capacity published by the Department of the information collection described in among organizations serving the Interior on Friday, January 29, 2016 Section A. colonias and similar persistent poverty (Federal Register/Vol. 81, Federal communities as a limiting factor in the Register/Vol. 81, No. 19). A. Overview of Information Collection effectiveness of federal programs. Respondents (i.e. affected public): Title of Information Collection: Border Inconsistent availability of limited Public. Community Capital Initiative. public funding in any one region or Estimated Number of Respondents: OMB Approval Number: 2506–0196. community plays a role in this, because 50. Type of Request: Extension of organizations specializing in affordable Estimated Number of Responses: 50. Collection. housing, small business support and Frequency of Response: Occasion. Form Numbers: OMB 83–1 SF 424; community facilities cannot sustain Average Hours per Response: 100. HUD 424CB; HUD 424–CBW; SF–LLL; themselves and grow. All of the Total Estimated Burdens: 2,801.

Annual Total Burden per Total annual Burden cost Respondents responses responses response hours per instrument

HUD–424CB ...... 50 1 50 .2 10 $250.00 HUD–424CBW ...... 50 1 50 .2 10 250.00 HUD–2880 ...... 50 1 50 .05 2.5 62.50 HUD–2990 ...... 50 1 50 .05 2.5 62.50 HUD–2991 ...... 50 1 50 .05 2.5 62.50 HUD–2993 ...... 50 1 50 .05 2.5 62.50 HUD–2994A ...... 50 1 50 .05 2.5 62.50 HUD–27061 ...... 50 1 50 .05 2.5 62.50 HUD–27300 ...... 50 1 50 .05 2.5 62.50 600 ...... 600 ...... 2,801 937.50

B. Solicitation of Public Comment (3) Ways to enhance the quality, Authority: Section 3507 of the Paperwork This notice is soliciting comments utility, and clarity of the information to Reduction Act of 1995, 44 U.S.C. Chapter 35. from members of the public and affected be collected; and Dated: February 23, 2016. parties concerning the collection of (4) Ways to minimize the burden of Harriet Tregoning, information described in Section A on the collection of information on those Principal Deputy Assistant Secretary for the following: who are to respond; including through Community Planning and Development. (1) Whether the proposed collection the use of appropriate automated [FR Doc. 2016–04777 Filed 3–3–16; 8:45 am] of information is necessary for the collection techniques or other forms of BILLING CODE 4210–67–P proper performance of the functions of information technology, e.g., permitting the agency, including whether the electronic submission of responses. information will have practical utility; (2) The accuracy of the agency’s HUD encourages interested parties to estimate of the burden of the proposed submit comment in response to these collection of information; questions.

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DEPARTMENT OF THE INTERIOR recommends policy, coordinates and those who wished to speak but could reviews management actions, and not be accommodated on the agenda, Fish and Wildlife Service provides organizational budget may submit written statements to [FWS–R8–FHC–2016–N029; oversight. Elizabeth Hadley up to 7 days after the meeting. FXFR1334088TWG0W4–123–FF08EACT00] Meeting Agenda Meeting Minutes Trinity River Adaptive Management The TAMWG will hold a concurrent Working Group; Public Meeting meeting with the Trinity River Science Summary minutes of the meeting will Symposium/Decision Support System be maintained by Elizabeth Hadley (see AGENCY: Fish and Wildlife Service, workshop. The goal workshop is to FOR FURTHER INFORMATION CONTACT). The Interior. advance the development and use of a minutes will be available for public ACTION: Notice. decision support system for the Trinity inspection within 14 days after the River Restoration Program (TRRP). meeting, and will be posted on the SUMMARY: We, the U.S. Fish and The workshop will consist of oral TAMWG Web site at http:// Wildlife Service, announce a public presentations and panel discussions www.fws.gov/arcata. meeting of the Trinity River Adaptive related to four key elements: Dated: February 29, 2016. Management Working Group (TAMWG). (1) Providing background on DSS and Joseph C. Polos, The TAMWG is a Federal advisory example applications, committee that affords stakeholders the (2) Communicating the status of DSS Supervisory Fish Biologist, Arcata Fish and opportunity to give policy, management, development for the TRRP and how it Wildlife Office, Arcata, California. and technical input concerning Trinity can be used in the near term to support [FR Doc. 2016–04795 Filed 3–3–16; 8:45 am] River (California) restoration efforts to decision making, BILLING CODE 4333–15–P the Trinity Management Council (TMC). (3) Identifying and initiating an The TMC interprets and recommends approach to resolve key organization policy, coordinates and reviews and administrative challenges to DSS DEPARTMENT OF THE INTERIOR management actions, and provides development, and Bureau of Land Management organizational budget oversight. (4) Initiating next steps recommended DATES: Public meeting: TAMWG will by the Science Advisory Board for [LLNVW00000.L5110000.GN0000.LVEMF150 4350.15X MO#4500088392] meet from 8:30 a.m. to 5 p.m. Pacific implementation of a DSS, such as a Time on Tuesday, March 29, 2016, and workplan, schedule, and identification of task leaders. Notice of Intent To Prepare an from 8:30 a.m. to 5 p.m. Pacific Time on Environmental Impact Statement for Wednesday, March 30, 2016, and from A detailed addendum will be posted on the TAMWG Web site (http:// the Proposed Marigold Mine Plan of 9 a.m. to 12 p.m. Pacific Time on Operations—Mackay Optimization Thursday, March 31, 2016. www.fws.gov/arcata/fisheries/ tamwg.html) when it is finalized. Project Amendment, Humboldt County, Deadlines: For deadlines on NV submitting written material, please see Public Input ‘‘Public Input’’ under SUPPLEMENTARY AGENCY: Bureau of Land Management, INFORMATION. You must contact Interior. Elizabeth Hadley ACTION: ADDRESSES: The meeting will be held at Notice of Intent. If you wish to (FOR FURTHER the Trinity Alps Performing Art Center, INFORMATION SUMMARY: In compliance with the 101 Arbuckle Court, Weaverville, CA CONTACT) no later National Environmental Policy Act of than 96093. 1969, as amended (NEPA), and the FOR FURTHER INFORMATION CONTACT: Submit written infor- March 22, 2016. Federal Land Policy and Management Joseph C. Polos, by mail at U.S. Fish and mation or questions Act of 1976, as amended, the Bureau of Wildlife Service, 1655 Heindon Road, for the TAMWG to Land Management (BLM) Humboldt Arcata, CA 95521; by telephone at 707– consider during the River Field Office, Winnemucca, 822–7201; or by email at joe_polos@ meeting. Nevada intends to prepare an fws.gov; or Elizabeth W. Hadley, Environmental Impact Statement (EIS) Redding Electric Utility, by mail at 777 Submitting Written Information or to analyze the potential impacts of Cypress Avenue, Redding, CA 96001; by Questions approving an expansion to the existing telephone at 530–339–7308 or by email Interested members of the public may gold mining operation in Humboldt at [email protected]. Individuals submit relevant information or County, Nevada. This notice is with a disability may request an questions for the TAMWG to consider announcing the beginning of the accommodation by sending an email to during the meeting. Written statements scoping process to solicit public either point of contact. must be received by the date listed in comments and identify issues to be SUPPLEMENTARY INFORMATION: In ‘‘Public Input,’’ so that the information considered in the EIS. The notice also accordance with the requirements of the may be available to the TAMWG for serves to initiate public consultation, as Federal Advisory Committee Act, 5 their consideration prior to this meeting. required under the National Historic U.S.C. App., we announce that the Written statements must be supplied to Preservation Act. Trinity River Adaptive Management Elizabeth Hadley in one of the following DATES: This notice initiates the public Working Group will hold a meeting. formats: One hard copy with original scoping process for the EIS. Comments signature, one electronic copy with on issues may be submitted in writing Background original signature, and one electronic until April 4, 2016. The date(s) and The TAMWG affords stakeholders the copy via email (acceptable file formats location(s) of any scoping meetings will opportunity to give policy, management, are Adobe Acrobat PDF, MS Word, be announced at least 15 days in and technical input concerning Trinity PowerPoint, or rich text file). advance through local media, River (California) restoration efforts to Registered speakers who wish to newspapers, and the BLM Web site at: the TMC. The TMC interprets and expand on their oral statements, or http://www.blm.gov/nv/st/en/fo/

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wfo.html. In order to be included in the Plan of Operations modification would the public involvement process under Draft EIS, all comments must be encompass 1,893 acres of new the National Historic Preservation Act received prior to the close of the 30-day disturbance (approximately 843 acres of (54 U.S.C. 306108) as provided in 36 scoping period or 15 days after the last public land and 1,050 acres of private CFR 800.2(d)(3). The information about public meeting, whichever is later. We land), and include a re-classification of historic and cultural resources within will provide additional opportunities the type of authorized disturbance of the area potentially affected by the for public participation upon approximately 706 acres of which 306 proposed action will assist the BLM in publication of the Draft EIS. acres are public land and 400 acres are identifying and evaluating impacts to ADDRESSES: You may submit comments private land. If approved, the proposed such resources in the context of both related to the Marigold Mine—Mackay modification would increase the mine NEPA and the NHPA. Optimization Project by any of the life by up to 10 years. All proposed The BLM will consult with Indian following methods: disturbance would be within the tribes on a government-to-government • Web site: http://www.blm.gov/nv/st/ existing approved Plan boundary and basis in accordance with Executive en/fo/wfo.html includes the following: Combine four of Order 13175, Secretarial Order 3317, • Email: [email protected]. Include the existing and authorized open pits and other policies. Tribal concerns, Marigold Mine EIS Comments in the (Target 1, Target 2, Target 3, and East including but not limited to, impacts on subject line. Hill) to become a single open pit to be Indian trust assets and potential impacts • Fax: 775–623–1503. renamed the Mackay Pit; combine the to cultural resources, will be given due • Mail: BLM Winnemucca District, existing and approved Terry Zone and consideration. Federal, State, and local Humboldt River Field Office, 5100 E. Section 8 Pits to become the Mackay agencies, along with tribes and other Winnemucca Blvd., Winnemucca, NV North Pit; increase the size of the stakeholders that may be interested in or 89445. authorized Section 5 North Pit; dewater affected by the proposed Marigold Mine Documents pertinent to this proposal the Mackay Pit and Mackay North Pit at Plan of Operations—Mackay may be examined at the Humboldt River a rate of up to 6,000 gallons per minute Optimization Project that the BLM is Field Office. (gpm) with an average rate of about evaluating, are invited to participate in FOR FURTHER INFORMATION CONTACT: 1,500 to 2,000 gpm; construct and the scoping process and, if eligible, may Jeanette Black, telephone 775–623– operate six rapid infiltration basins request or be requested by the BLM to 1500; address BLM Winnemucca (RIBs); construct and operate new participate in the development of the District, Humboldt River Field Office, production, dewatering, and monitoring environmental analysis as a cooperating 5100 E. Winnemucca Blvd., wells with associated roads, power, and agency. Winnemucca, NV 89445; email jblack@ pipelines; create one new waste rock Before including your address, phone blm.gov. Contact Ms. Black to have your storage area (WRSA) (Section 5 North) number, email address, or other name added to our mailing list. Persons and expand the Northeast and personal identifying information in your who use a telecommunications device Northwest Expansion WRSAs; construct comment, you should be aware that for the deaf (TDD) may call the Federal heap leach processing pad (HLP) cells your entire comment—including your Information Relay Service (FIRS) at 1– 22, 23, and 24; construct new process personal identifying information—may 800–877–8339 to contact the above ponds on existing disturbance; construct be made publicly available at any time. two new carbon column trains on individual during normal business While you can ask us in your comment existing disturbance; relocate the county hours. The FIRS is available 24 hours a to withhold your personal identifying road called Buffalo Valley Road to day, 7 days a week, to leave a message information from public review, we accommodate the mine changes; re- or question with the above individual. cannot guarantee that we will be able to establish a private land access road to You will receive a reply during normal do so. land holdings in Section 30; relocate the business hours. existing 120-kV power line (right-of-way Authority: 40 CFR 1501.7. SUPPLEMENTARY INFORMATION: The held by NV Energy); and move the Stephen Sappington, applicant, Marigold Mining Company, a planned location of the authorized but wholly-owned subsidiary of Silver Field Manager, Humboldt River Field Office. not yet constructed utility corridor. [FR Doc. 2016–04806 Filed 3–3–16; 8:45 am] Standard Resources Inc., has requested The purpose of the public scoping to modify its approved Plan of process is to determine relevant issues BILLING CODE 4310–HC–P Operations by expanding its operations that will influence the scope of the at the existing Marigold Mine, which is environmental analysis, including DEPARTMENT OF THE INTERIOR located adjacent to Battle Mountain alternatives, and guide the process for approximately 35 miles southeast of developing the EIS. At present, the BLM Bureau of Land Management Winnemucca, Humboldt County, has identified the following preliminary Nevada; and 13 miles northwest of issues: (a) The formation of a pit lake [LLCOS01000.L12200000.DP0000] Battle Mountain, Lander County, after completion of mining activities, Nevada. The mine is currently Notice of Intent To Amend the and ensuring that there is neither Resource Management Plan for the authorized up to a disturbance of 5,720 degradation of waters of the state nor Tres Rios Field Office and Prepare an acres (approximately 3,275 acres of undue or unnecessary degradation of Associated Environmental private land and 2,445 acres of public public lands; (b) potential impacts to Assessment, Colorado land), which was permitted under a wildlife habitat; and (c) potential series of Environmental Impact impacts to cultural sites. Application of AGENCY: Bureau of Land Management, Statements and Environmental mitigation hierarchy strategies will be Interior. Assessments from July 1988 through addressed for on-site, regional, and ACTION: Notice. October 2013. compensatory mitigation appropriate to The proposed action is for the BLM to the types of impacts and resource SUMMARY: In compliance with the approve as proposed the company’s objectives. National Environmental Policy Act changes to its Plan of Operations. The The BLM will utilize and coordinate (NEPA) of 1969, as amended, and the proposed changes presented under this the NEPA scoping process to help fulfill Federal Land Policy and Management

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Act (FLPMA) of 1976, as amended, the Tres Rios Field Office, Dolores, • Gypsum Valley (currently Bureau of Land Management (BLM) Tres Colorado, intends to prepare an RMP designated as ACEC): Approximately Rios Field Office, Dolores, Colorado, Amendment with an associated EA for 13,200 acres (combined Big Gypsum intends to prepare a Resource the Tres Rios Field Office, announces Valley and Little Gypsum Valley); Management Plan (RMP) Amendment the beginning of the scoping process, • Lake Como: Approximately 100 with an associated Environmental and seeks public input on issues and acres; Assessment (EA) for the Tres Rios Field planning criteria. The amendment • McIntyre Canyon: Approximately Office to evaluate the management of 18 planning area is located in Dolores, 3,000 acres; • potential Areas of Critical Montezuma, Montrose, San Juan and Mesa Verde Entrance: Approximately 1,300 acres; Environmental Concern (ACEC) and by San Miguel counties in southwest • this notice is announcing the beginning Colorado and encompasses Muleshoe Bench: Approximately of the scoping process to solicit public approximately 130,000 acres of Federal 700 acres; • Northdale: Approximately 4,000 comments and identify issues. surface public land. The BLM is acres; DATES: This notice initiates the public considering amending the Tres Rios • Silvey’s Pocket: Approximately 700 scoping process for the RMP RMP to address 18 areas found to have acres; Amendment with an associated EA. relevance and importance consistent • Slick Rock: Approximately 3,600 Comments on issues may be submitted with BLM Manual 1613—Areas of acres; in writing until April 4, 2016. The BLM Critical Environmental Concern. The • Snaggletooth: Approximately will announce the date(s) and RMP Amendment and associated EA 24,000 acres; and location(s) of any scoping meetings at will evaluate these areas to determine if • Spring Creek Basin: Approximately least 15 days in advance through local they should be designated as an ACEC, 25,500 acres. news media, newspapers and the BLM and if so, what management Preliminary planning criteria include: Web site at: www.blm.gov/co/st/en/ prescriptions are necessary to protect 1. The BLM will continue to manage BLM_Information/nepa/TRFO_ the relevant and important values of the Tres Rios Field Office in accordance NEPA.html. The BLM must receive all each area. There are suitable Wild and with FLPMA and other applicable laws comments prior to the close of the 30- Scenic River segments and lands with and regulations. Section 202(c)(3) of day scoping period or 15 days after the wilderness characteristics units within FLPMA mandates the agency to give last public meeting, whichever is later, the nominated ACEC areas. These priority to the designation and in order to include them in the analysis. resources will be considered throughout protection of ACECs in the planning We will provide additional the analysis process. The purpose of the process; opportunities for public participation as public scoping process is to determine 2. The BLM will comply with NEPA, appropriate. relevant issues that will influence the including preparing appropriate environmental analysis for the proposed ADDRESSES: You may submit comments scope of the environmental analysis, action; on issues and planning criteria related including alternatives, and guide the 3. Planning decisions will strive for to the Tres Rios Field Office RMP ACEC planning process. BLM personnel; compatiblility with existing plans and Amendment EA by any of the following Federal, State and local agencies; and other stakeholders identified policies of adjacent Federal, State, local methods: and tribal agencies as long as the • Web site: www.blm.gov/co/st/en/ preliminary issues for the plan decisions are consistent with Federal BLM_Information/nepa/TRFO_ amendment area. Preliminary issues law governing the administration of NEPA.html. include those resources within the public land; • Email: BLM_CO_TRFO_ACEC@ analysis area that would meet the 4. The planning area only includes blm.gov. relevance and importance criteria as set areas that meet the relevance and • Fax: (970) 240–5367. forth in BLM Manual 1613 and require • Mail: BLM, 2465 S. Townsend Ave., special management attention to address importance criteria defined in BLM Montrose, CO 81401. resource conflicts. See the plan Manual 1613; and 5. The BLM will follow the Documents pertinent to this proposal amendment Web site at www.blm.gov/ procedures for ACEC planning in BLM may be examined at the Tres Rios Field co/st/en/BLM_Information/nepa/TRFO_ Manual 1613. Office, Dolores Public Lands Center, NEPA.html to view maps and additional You may submit comments on issues 29211 Highway 184, Dolores, CO 81323. information on the previously and planning criteria in writing to the FOR FURTHER INFORMATION CONTACT: Gina nominated areas being considered. The BLM at any public scoping meeting, or Jones, District NEPA Coordinator; areas nominated include: • you may submit them to the BLM using telephone (970) 240–5381; address 2465 Anasazi Culture (currently one of the methods listed in the S. Townsend Ave. Montrose, CO 81401; designated as an ACEC): Approximately ADDRESSES section above. Please submit _ _ _ email BLM CO TRFO [email protected]. 1,200 acres; comments by the close of the 30-day • Contact Gina Jones to have your name Cement Creek: Approximately 450 scoping period or within 15 days after added to our mailing list. Persons who acres; the last public meeting, whichever is use a telecommunications device for the • Cinnamon Pass: Approximately 560 later. deaf (TDD) may call the Federal acres; The BLM will use and coordinate the Information Relay Service (FIRS) at 1– • Coyote Wash: Approximately 650 NEPA scoping process to help fulfill the 800–877–8339 to contact the above acres; public involvement process under the individual during normal business • Disappointment Valley: National Historic Preservation Act (54 hours. The FIRS is available 24 hours a Approximately 2,700 acres; U.S.C. 306108) as provided in 36 CFR day, seven days a week, to leave a • Dolores River Canyon: 800.2(d)(3). The information about message or question with the above Approximately 12,000 acres; historic and cultural resources within individual. You will receive a reply • Dry Creek Basin: Approximately the area potentially affected by the during normal business hours. 35,000 acres; proposed action will assist the BLM in SUPPLEMENTARY INFORMATION: This • Grassy Hills: Approximately 450 identifying and evaluating impacts to document provides notice that the BLM acres; such resources.

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The BLM will consult with Indian Authority: 40 CFR 1501.7 and 43 CFR October 5, 1998, and would be in the tribes on a government-to-government 1610.2. public interest. The change of use area basis in accordance with Executive Ruth Welch, was previously analyzed under Environmental Assessments NV–050–30 Order 13175 and other policies. The BLM Colorado State Director. BLM will give tribal concerns, including dated June 30, 1983, and NV–S010– impacts on Indian trust assets and [FR Doc. 2016–04805 Filed 3–3–16; 8:45 am] 2009–0012–EA dated December 30, potential impacts to cultural resources, BILLING CODE 4310–JB–P 2008. The environmental consequences due consideration. The BLM invites of the new use were reviewed in Determination of NEPA Adequacy DOI– Federal, State and local agencies, along DEPARTMENT OF THE INTERIOR with tribes and other stakeholders that BLM–NV–S010–2016–0008–DNA dated may be interested in or affected by the Bureau of Land Management January 11, 2016. On February 18, 2015, proposed action the BLM is evaluating, the City of Las Vegas relinquished 16.61 to participate in the scoping process [LLNVS01000.L58530000.ES0000 241A; N– acres to allow Opportunity Village to and, if eligible, may request or be 93838–01; 14–08807; MO# 4500088787 apply for an R&PP lease for park, TAS:14X5232] requested by the BLM to participate in unemployment resource center, and arts developing the environmental analysis Notice of Realty Action: Recreation enrichment center with appurtenances as a cooperating agency. and Public Purposes Lease (N–93838), for children and adults with intellectual Before including your address, phone Transfer of Interest and Change of Use disabilities. The parcel of land is located number, email address, or other of Public Lands in Clark County, NV on the corner of Thom and Rome personal identifying information in your Boulevard in Las Vegas, Nevada, and is comment, you should be aware that AGENCY: Bureau of Land Management, legally described as: your entire comment—including your Interior. Mount Diablo Meridian, Nevada ACTION: personal identifying information—may Notice. T. 19 S., R. 60 E., be made publicly available at any time. SUMMARY: The Bureau of Land Sec. 24, lot 5. While you can ask us in your comment Management (BLM), Las Vegas Field The area described contains 16.61 acres. to withhold your personal identifying Office, received notification from the The change of use area would be from information from public review, we City of Las Vegas to transfer their a park site to a park, unemployment cannot guarantee that we will be able to interest of a previously approved resource center, and arts enrichment do so. The minutes and list of attendees Recreation and Public Purposes (R&PP) center with appurtenances for children for each scoping meeting will be Act lease to Opportunity Village. and adults with intellectual disabilities. available to the public and open for 30 Opportunity Village, (a nonprofit) The appurtenances include a storage days after the meeting to any participant proposes to change the use of the building, loading dock, refuse who wishes to clarify the views he or original R&PP lease from a park site to enclosure, parking lots, landscaping, she expressed. The BLM will evaluate a park, unemployment resource center, lighting, walkways, drainage, irrigation, identified issues to be addressed in the and arts enrichment center with utilities, and ancillary improvements. plan, and will place them into one of appurtenances for children and adults Additional detailed information three categories: with intellectual disabilities. pertaining to this application, plan of 1. Issues to be resolved in the Plan DATES: Comments regarding the transfer development, and site plan is in case Amendment; of interest and the change of use must file N–93838, which is located at the 2. Issues to be resolved through policy be submitted to the BLM on or before BLM, Las Vegas Field Office at the or administrative action; or April 18, 2016. address listed above. The land is not required for any 3. Issues beyond the scope of this Plan ADDRESSES: Send written comments to Federal purpose. The Opportunity Amendment. the BLM Las Vegas Field Office, 4701 N. Village, a qualified applicant under the Torrey Pines Drive, Las Vegas, Nevada The BLM will provide an explanation R&PP Act, has not applied for more than 89130, or email: [email protected]. in the Preliminary EA as to why an the 640 acre limitation consistent with issue was placed in category two or FOR FURTHER INFORMATION CONTACT: 43 CFR 2741.7(a)(5), and has submitted three. The BLM also encourages the Kerri-Anne Thorpe, 702–515–5196, or a statement in compliance with the public to identify any management [email protected]. Persons who use a regulation at 43 CFR 2741.4(b). questions and concerns that should be telecommunications device for the deaf The change of use of the public land addressed in the amendment process. (TDD) may call the Federal Information shall be subject to valid existing rights The BLM will collaborative with Relay Service (FIRS) at 1–800–877–8339 as previously published. Upon interested parties to identify the to contact the above individual during publication of this notice in the Federal management decisions best suited to normal business hours. The FIRS is Register, the land above will be local, regional, and national needs and available 24 hours a day, 7 days a week, segregated from all other forms of concerns. to leave a message or question with the appropriation under the public land The BLM will use an interdisciplinary above individual. You will receive a laws, including the general mining laws, approach to develop the Plan reply during normal business hours. except for lease and/or subsequent Amendment in order to consider the SUPPLEMENTARY INFORMATION: The conveyance under the R&PP Act, leasing variety of resource issues and concerns transfer of interest requested by the City under the mineral laws, and disposals identified. Specialists with expertise in of Las Vegas to Opportunity Village and under the mineral material disposal the following disciplines will be the change of use from a park site to a laws. involved in the planning process: park, unemployment resource center, Interested parties may submit written Rangeland management, minerals and and arts enrichment center with comments on the suitability of the land geology, outdoor recreation, appurtenances for children and adults for use as a park, unemployment archaeology, paleontology, wildlife and with intellectual disabilities is resource center, and arts enrichment fisheries, lands and realty, hydrology, consistent with the BLM Las Vegas center with appurtenances for children soils, sociology and economics. Resource Management Plan dated and adults with intellectual disabilities.

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Interested parties may also submit thereof by reason of infringement of of the ’229 patent, and whether an written comments regarding the specific certain claims of U.S. Patent No. industry in the United States exists as use proposed in the application and 7,082,630 (‘‘the ’630 patent’’); U.S. required by subsection (a)(2) of section plan of development, and whether the Patent No. 7,690,059 (‘‘the ’059 patent’’); 337; BLM followed proper administrative U.S. Patent No. 7,784,125 (‘‘the ’125 (2) For the purpose of the procedures in reaching the decision to patent’’); and U.S. Patent No. 8,701,229 investigation so instituted, the following change the use from a park to a park, (‘‘the ’229 patent’’). The complaint are hereby named as parties upon which unemployment resource center, and arts further alleges that an industry in the this notice of investigation shall be enrichment center with appurtenances United States exists as required by served: for children and adults with intellectual subsection (a)(2) of section 337. disabilities under the R&PP Act, or any The complainant requests that the (a) The complainant is: Stryker other factor not directly related to the Commission institute an investigation Corporation, 2825 Airview Boulevard, suitability of the land for R&PP use. and, after the investigation, issue a Kalamazoo, MI 49002. Before including your address, phone limited exclusion order and cease and (b) The respondents are the following number, email address, or other desist orders. entities alleged to be in violation of personal identifying information in your ADDRESSES: The complaint, except for section 337, and are the parties upon comment, you should be aware that any confidential information contained which the complaint is to be served: your entire comment—including your therein, is available for inspection personal identifying information—may during official business hours (8:45 a.m. Umano Me´dical Inc., 230, boulevard be made publicly available at any time. to 5:15 p.m.) in the Office of the Nilus-Leclerc, L’Islet, Que´bec G0R 2C0, While you can ask us in your comment Secretary, U.S. International Trade Canada. to withhold your personal identifying Commission, 500 E Street SW., Room Umano Me´dical World Inc., 230, information from public review, we 112, Washington, DC 20436, telephone boulevard Nilus-Leclerc, L’Islet, Que´bec cannot guarantee that we will be able to (202) 205–2000. Hearing impaired G0R 2C0. Canada. do so. individuals are advised that information (3) For the investigation so instituted, Any adverse comments will be on this matter can be obtained by the Chief Administrative Law Judge, reviewed by the BLM Nevada State contacting the Commission’s TDD U.S. International Trade Commission, Director or other authorized official of terminal on (202) 205–1810. Persons shall designate the presiding the Department of the Interior, who may with mobility impairments who will Administrative Law Judge. sustain, vacate, or modify this realty need special assistance in gaining access action. In the absence of any adverse to the Commission should contact the The Office of Unfair Import comments, the decision will become Office of the Secretary at (202) 205– Investigations will not participate as a effective on May 3, 2016. 2000. General information concerning party in this investigation. Authority: 43 CFR 2741.5(h). the Commission may also be obtained Responses to the complaint and the by accessing its internet server at http:// notice of investigation must be Vanessa L. Hice, www.usitc.gov. The public record for submitted by the named respondents in Assistant Field Manager, Las Vegas Field this investigation may be viewed on the Office. accordance with section 210.13 of the Commission’s electronic docket (EDIS) Commission’s Rules of Practice and [FR Doc. 2016–04807 Filed 3–3–16; 8:45 am] at http://edis.usitc.gov. Procedure, 19 CFR 210.13. Pursuant to BILLING CODE 4310–HC–P FOR FURTHER INFORMATION CONTACT: The 19 CFR 201.16(e) and 210.13(a), such Office of Unfair Import Investigations, responses will be considered by the U.S. International Trade Commission, Commission if received not later than 20 INTERNATIONAL TRADE telephone (202) 205–2560. days after the date of service by the COMMISSION Authority: The authority for institution of Commission of the complaint and the [Investigation No. 337–TA–987] this investigation is contained in section 337 notice of investigation. Extensions of of the Tariff Act of 1930, as amended, and time for submitting responses to the Certain Hospital Beds, and in section 210.10 of the Commission’s Rules complaint and the notice of Components Thereof Institution of of Practice and Procedure, 19 CFR 210.10 (2015). investigation will not be granted unless Investigation good cause therefor is shown. AGENCY: U.S. International Trade Scope of Investigation: Having Failure of a respondent to file a timely Commission. considered the complaint, the U.S. response to each allegation in the ACTION: Notice. International Trade Commission, on complaint and in this notice may be February 29, 2016, ordered that— deemed to constitute a waiver of the SUMMARY: Notice is hereby given that a (1) Pursuant to subsection (b) of right to appear and contest the complaint was filed with the U.S. section 337 of the Tariff Act of 1930, as allegations of the complaint and this International Trade Commission on amended, an investigation be instituted notice, and to authorize the February 1, 2016, under section 337 of to determine whether there is a administrative law judge and the the Tariff Act of 1930, as amended, 19 violation of subsection (a)(1)(B) of Commission, without further notice to U.S.C. 1337, on behalf of Stryker section 337 in the importation into the the respondent, to find the facts to be as Corporation of Kalamazoo, Michigan. United States, the sale for importation, alleged in the complaint and this notice Supplements were filed on February 18, or the sale within the United States after 2016 and February 22, 2016. The importation of certain hospital beds, and to enter an initial determination complaint as supplemented alleges and components thereof by reason of and a final determination containing violations of section 337 based upon the infringement of one or more of claims such findings, and may result in the importation into the United States, the 15–18 and 20 of the ’630 patent; claims issuance of an exclusion order or a cease sale for importation, and the sale within 1–2, 5–7, 12 and 15–16 of the ’059 and desist order or both directed against the United States after importation of patent; claims 10 and 19 of the ’125 the respondent. certain hospital beds, and components patent; and claims 1–4, 12, 14, and 19 By order of the Commission.

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Issued: March 1, 2016. list containing the names and addresses Quality Management District v. Blue Lisa R. Barton, of all persons, or their representatives, Lake Power, LLC, Civil Action No. 3:16– Secretary to the Commission. who are parties to the investigations. cv–00961. The United States and the North Coast [FR Doc. 2016–04820 Filed 3–3–16; 8:45 am] Background BILLING CODE 7020–02–P Unified Air Quality Management On January 13, 2016, Tensar District (‘‘District’’) filed this lawsuit Corporation, Morrow, Georgia filed a under the Clean Air Act. The complaint INTERNATIONAL TRADE petition with the Commission and seeks injunctive relief and civil COMMISSION Commerce, alleging that an industry in penalties for violations of the Clean Air the United States is materially injured Act’s Prevention of Significant [Investigation Nos. 701–TA–554 and 731– or threatened with material injury by Deterioration provisions, 42 U.S.C. TA–1309 (Preliminary)] reason of LTFV and subsidized imports 7470–92, and the North Coast Unified Certain Biaxial Integral Geogrid of certain biaxial integral geogrid Air Quality Management District Rules Products From China products from China. Accordingly, at Defendant Blue Lake Power, LLC’s effective January 13, 2016, the biomass-fired electric generating plant Determinations Commission, pursuant to sections 703(a) in Blue Lake, California. Specifically, On the basis of the record 1 developed and 733(a) of the Tariff Act of 1930 (19 the complaint alleges that, when in the subject investigations, the United U.S.C. 1671b(a) and 1673b(a)), instituted defendant restarted the plant in 2010, it States International Trade Commission countervailing duty investigation No. failed to obtain appropriate permits and (‘‘Commission’’) determines, pursuant 701–TA–554 and antidumping duty failed to install and operate required to the Tariff Act of 1930 (‘‘the Act’’), investigation No. 731–TA–1309 pollution control devices to reduce that there is a reasonable indication that (Preliminary). emissions of carbon monoxide (CO), Notice of the institution of the an industry in the United States is oxides of nitrogen (NOX), and/or materially injured by reason of imports Commission’s investigations and of a particulate matter with a diameter of 10 public conference to be held in of certain biaxial integral geogrid microns (PM10) at its facility. products from China, provided for in connection therewith was given by The proposed consent decree requires subheading 3926.90.99 of the posting copies of the notice in the Office the defendant to perform injunctive Harmonized Tariff Schedule of the of the Secretary, U.S. International relief and pay a $5,000 civil penalty to United States, that are alleged to be sold Trade Commission, Washington, DC, be shared between the United States and in the United States at less than fair and by publishing the notice in the the District. The defendant is required value (‘‘LTFV’’) and that are allegedly Federal Register of January 20, 2016 (81 to install and operate pollution control subsidized by the government of China. FR 3157). The conference was held in equipment at its facility, meet emission Washington, DC, on February 3, 2016, limitations for CO, NOX, and PM10, and Commencement of Final Phase and all persons who requested the adopt operational procedures to reduce Investigations opportunity were permitted to appear in additional emissions of particulate Pursuant to section 207.18 of the person or by counsel. matter from the facility. In addition, Commission’s rules, the Commission The Commission made these Blue Lake Power will contribute also gives notice of the commencement determinations pursuant to sections $10,000 to the District’s wood stove of the final phase of its investigations. 703(a) and 733(a) of the Tariff Act of replacement program in order to The Commission will issue a final phase 1930 (19 U.S.C. 1671b(a) and 1673b(a)). mitigate the adverse effects of past notice of scheduling, which will be It completed and filed its particulate matter emissions from the published in the Federal Register as determinations in these investigations facility. provided in section 207.21 of the on February 29, 2016. The views of the The publication of this notice opens Commission’s rules, upon notice from Commission are contained in USITC a period for public comment on the the Department of Commerce Publication 4596 (March 2016), entitled proposed consent decree. Comments (‘‘Commerce’’) of affirmative Certain Biaxial Integral Geogrid should be addressed to the Assistant preliminary determinations in the Products from China: Investigation Nos. Attorney General, Environment and investigations under sections 703(b) or 701–TA–554 and 731–TA–1309 Natural Resources Division, and should 733(b) of the Act, or, if the preliminary (Preliminary). refer to United States and North Coast determinations are negative, upon By order of the Commission. Unified Air Quality Management notice of affirmative final Issued: February 29, 2016. District v. Blue Lake Power LLC, D.J. Ref. determinations in those investigations Lisa R. Barton, No. 90–5–2–1–11038. All comments under sections 705(a) or 735(a) of the Secretary to the Commission. must be submitted no later than thirty (30) days after the publication date of Act. Parties that filed entries of [FR Doc. 2016–04701 Filed 3–3–16; 8:45 am] this notice. Comments may be appearance in the preliminary phase of BILLING CODE 7020–02–P the investigations need not enter a submitted either by email or by mail: separate appearance for the final phase To submit of the investigations. Industrial users, DEPARTMENT OF JUSTICE comments: Send them to: and, if the merchandise under investigation is sold at the retail level, Notice of Lodging of Proposed By e-mail .. pubcomment-ees.enrd@ representative consumer organizations Consent Decree Under the Clean Air usdoj.gov. have the right to appear as parties in Act By mail ..... Assistant Attorney General, U.S. Commission antidumping and DOJ—ENRD, P.O. Box 7611, countervailing duty investigations. The On February 26, 2016, the Department Washington, DC 20044–7611. Secretary will prepare a public service of Justice lodged a proposed consent decree with the United States District During the public comment period, the consent decree may be examined 1 The record is defined in sec. 207.2(f) of the Court for the Northern District of Commission’s Rules of Practice and Procedure (19 California in the lawsuit entitled United and downloaded at this Justice CFR § 207.2(f)). States and North Coast Unified Air Department Web site: http://

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www.justice.gov/enrd/consent-decrees. ADDRESSES: Send written comments to • enhance the quality, utility, and We will provide a paper copy of the Patricia Mertens, Office of clarity of the information to be consent decree upon written request Unemployment Insurance, Room S– collected; and and payment of reproduction costs. 4524, Employment and Training • minimize the burden of the Please mail your request and payment Administration, U.S. Department of collection of information on those who to: Consent Decree Library, U.S. DOJ— Labor, 200 Constitution Avenue NW., are to respond, including through the ENRD, P.O. Box 7611, Washington, DC Washington, DC 20210. Telephone use of appropriate automated, 20044–7611. number: 202–693–3182 (this is not a electronic, mechanical, or other Please enclose a check or money order toll-free number). Individuals with technological collection techniques or for $11.25 (25 cents per page hearing or speech impairments may other forms of information technology, reproduction cost) payable to the United access the telephone number above via e.g., permitting electronic submissions States Treasury. TTY by calling the toll-free Federal of responses. Information Relay Service at 1–877– Henry S. Friedman, III. Current Actions 889–5627 (TTY/TDD). Fax: 202–693– Assistant Section Chief, Environmental Type of Review: Extension without Enforcement Section, Environment and 2874. Email: [email protected]. Natural Resources Division. To obtain a copy of the proposed changes. Title: Confidentiality and Disclosure [FR Doc. 2016–04721 Filed 3–3–16; 8:45 am] information collection request (ICR), please contact the person listed above. of State Unemployment Compensation BILLING CODE 4410–15–P Information Final Rule and State SUPPLEMENTARY INFORMATION: Income and Eligibility Verification I. Background provisions of the Deficit Reduction Act DEPARTMENT OF LABOR The Deficit Reduction Act of 1984 of 1984. Employment and Training established an Income and Eligibility OMB Number: 1205–0238. Administration Verification System (IEVS) for the Affected Public: State Workforce exchange of information among state Agencies. Estimated Total Annual Respondents: Comment Request for Information agencies administering specific 53 state agencies. Collection for Confidentiality and programs. The programs include Annual Frequency: As needed. Disclosure of State Unemployment Temporary Assistance for Needy Estimated Total Annual Responses: Compensation Information and State Families, Medicaid, Food Stamps, 904,957. Income and Eligibility Verification Supplemental Security Income, Average Estimated Response Time per Provisions of the Deficit Reduction Unemployment Compensation and any Act, Extension Without Change Response: 1 minute. state program approved under Titles I, Estimated Total Annual Burden AGENCY: Employment and Training X, XIV, or XVI of the Social Security Hours: 18,672 hours. Administration (ETA), Labor. Act. Under the Act, programs Total Annual Estimated Burden Cost ACTION: Notice. participating must exchange for Respondents: $862,901.96. information to the extent that it is useful We will summarize and/or include in SUMMARY: The Department of Labor and productive in verifying eligibility the request for OMB approval of the (Department), as part of its continuing and benefit amounts to assist the child ICR, the comments received in response effort to reduce paperwork and support program and the Secretary of to this comment request; they will also respondent burden, conducts a Health and Human Services in verifying become a matter of public record. preclearance consultation program to eligibility and benefit amounts under provide the general public and federal Titles II and XVI of the Social Security Portia Wu, agencies with an opportunity to Act. Assistant Secretary for Employment and comment on proposed and/or On September 27, 2006, the ETA of Training, Labor. continuing collections of information in the Department of Labor issued a final [FR Doc. 2016–04691 Filed 3–3–16; 8:45 am] accordance with the Paperwork rule regarding the Confidentiality and BILLING CODE 4510–FW–P Reduction Act of 1995 [44 U.S.C. Disclosure of State Unemployment 3506(c)(2)(A)] (PRA). The PRA helps to Compensation Information. This rule ensure that respondents can provide supports and expands upon the DEPARTMENT OF LABOR data in the desired format with minimal requirements of the Deficit Reduction reporting burden (time and financial Act of 1984 and subsequent regulatory Office of the Secretary resources), collection instruments are changes. Agency Information Collection clearly understood, and the impact of II. Review Focus Activities; Submission for OMB collection requirements on respondents Review; Comment Request; Notice of can be properly assessed. The Department of Labor is Special Enrollment Rights Under Currently, ETA is soliciting comments particularly interested in comments Group Health Plans concerning the collection of data about which: the regulatory requirements of the • Evaluate whether the proposed ACTION: Notice. Confidentiality and Disclosure of State collection of information is necessary Unemployment Compensation for the proper performance of the SUMMARY: On February 29, 2016, the Information final rule and State Income functions of the agency, including Department of Labor (DOL) will submit and Eligibility Verification System whether the information will have the Employee Benefits Security (IEVS) provisions of the Deficit practical utility; Administration (EBSA) sponsored Reduction Act of 1984, which expires • evaluate the accuracy of the information collection request (ICR) September 30, 2016. agency’s estimate of the burden of the titled, ‘‘Notice of Special Enrollment DATES: Submit written comments to the proposed collection of information, Rights under Group Health Plans,’’ to office listed in the addressee’s section including the validity of the the Office of Management and Budget below on or before May 3, 2016. methodology and assumptions used; (OMB) for review and approval for

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continued use, without change, in cannot conduct or sponsor a collection OMB Control Number: 1210–0101. accordance with the Paperwork of information, and the public is Affected Public: Private Sector— Reduction Act of 1995 (PRA), 44 U.S.C. generally not required to respond to an businesses or other for-profits and not- 3501 et seq. Public comments on the information collection, unless it is for-profit institutions. ICR are invited. approved by the OMB under the PRA Total Estimated Number of DATES: The OMB will consider all and displays a currently valid OMB Respondents: 2,300,000. written comments that agency receives Control Number. In addition, Total Estimated Number of on or before April 4, 2016. notwithstanding any other provisions of Responses: 8,600,000. law, no person shall generally be subject Total Estimated Annual Time Burden: ADDRESSES: A copy of this ICR with to penalty for failing to comply with a 1 hour. applicable supporting documentation; collection of information that does not Total Estimated Annual Other Costs including a description of the likely display a valid Control Number. See 5 Burden: $75,000. respondents, proposed frequency of CFR 1320.5(a) and 1320.6. The DOL Dated: February 26, 2016. response, and estimated total burden obtains OMB approval for this may be obtained free of charge from the Michel Smyth, information collection under Control RegInfo.gov Web site at http:// Departmental Clearance Officer. Number 1210–0101. [FR Doc. 2016–04685 Filed 3–3–16; 8:45 am] www.reginfo.gov/public/do/ OMB authorization for an ICR cannot _ BILLING CODE 4510–29–P PRAViewICR?ref nbr=201601-1210-002 be for more than three (3) years without or by contacting Michel Smyth by renewal, and the DOL seeks to extend telephone at 202–693–4129, TTY 202– PRA authorization for this information DEPARTMENT OF LABOR 693–8064, (these are not toll-free collection for three (3) more years, numbers) or by email at DOL_PRA_ without any change to existing Office of the Secretary [email protected]. requirements. The DOL notes that Submit comments about this request existing information collection Agency Information Collection by mail or courier to the Office of requirements submitted to the OMB Activities; Submission for OMB Information and Regulatory Affairs, receive a month-to-month extension Review; Comment Request; Annual Attn: OMB Desk Officer for DOL–EBSA, while they undergo review. For Report for Multiple Employer Welfare Office of Management and Budget, additional substantive information Arrangements Room 10235, 725 17th Street NW., about this ICR, see the related notice Washington, DC 20503; by Fax: 202– published in the Federal Register on ACTION: Notice. 395–5806 (this is not a toll-free _ November 23, 2015 (80 FR 72990). SUMMARY: On February 29, 2016, the number); or by email: OIRA Interested parties are encouraged to [email protected]. Commenters Department of Labor (DOL) will submit send comments to the OMB, Office of the Employee Benefits Security are encouraged, but not required, to Information and Regulatory Affairs at send a courtesy copy of any comments Administration (EBSA) sponsored the address shown in the ADDRESSES information collection request (ICR) by mail or courier to the U.S. section within thirty (30) days of Department of Labor-OASAM, Office of titled, ‘‘Annual Report for Multiple publication of this notice in the Federal Employer Welfare Arrangements,’’ to the Chief Information Officer, Attn: Register. In order to help ensure Departmental Information Compliance the Office of Management and Budget appropriate consideration, comments (OMB) for review and approval for Management Program, Room N1301, should mention OMB Control Number 200 Constitution Avenue NW., continued use, without change, in 1210–0101. The OMB is particularly accordance with the Paperwork Washington, DC 20210; or by email: interested in comments that: [email protected]. • Reduction Act of 1995 (PRA), 44 U.S.C. Evaluate whether the proposed 3501 et seq. Public comments on the FOR FURTHER INFORMATION CONTACT: collection of information is necessary ICR are invited. Contact Michel Smyth by telephone at for the proper performance of the DATES: 202–693–4129, TTY 202–693–8064, functions of the agency, including The OMB will consider all (these are not toll-free numbers) or by whether the information will have written comments that agency receives email at [email protected]. practical utility; on or before April 4, 2016. • ADDRESSES: A copy of this ICR with Authority: 44 U.S.C. 3507(a)(1)(D). Evaluate the accuracy of the agency’s estimate of the burden of the applicable supporting documentation; SUPPLEMENTARY INFORMATION: This ICR proposed collection of information, including a description of the likely seeks to extend PRA authority for the including the validity of the respondents, proposed frequency of Notice of Special Enrollment Rights methodology and assumptions used; response, and estimated total burden under Group Health Plans information • Enhance the quality, utility, and may be obtained free of charge from the collection. Under regulations 29 CFR clarity of the information to be RegInfo.gov Web site at http:// 2590.701–6(c), a group health plan must collected; and www.reginfo.gov/public/do/ provide an individual who is offered • Minimize the burden of the PRAViewICR?ref_nbr= 201602-1210-001 coverage under the plan a notice collection of information on those who or by contacting Michel Smyth by describing the plan’s special enrollment are to respond, including through the telephone at 202–693–4129, TTY 202– rights at or before the time coverage is use of appropriate automated, 693–8064, (these are not toll-free offered. The regulations provide electronic, mechanical, or other numbers) or by email at detailed sample language describing technological collection techniques or [email protected]. special enrollment rights for use in the other forms of information technology, Submit comments about this request notice. Employee Retirement Income e.g., permitting electronic submission of by mail or courier to the Office of Security Act of 1974 section 734 responses. Information and Regulatory Affairs, authorizes this information collection. Agency: DOL–EBSA. Attn: OMB Desk Officer for DOL–EBSA, See 29 U.S.C. 1191c. Title of Collection: Notice of Special Office of Management and Budget, This information collection is subject Enrollment Rights under Group Health Room 10235, 725 17th Street NW., to the PRA. A Federal agency generally Plans. Washington, DC 20503; by Fax: 202–

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395–5806 (this is not a toll-free Control Number. In addition, Total Estimated Number of number); or by email: notwithstanding any other provisions of Responses: 456. [email protected]. law, no person shall generally be subject Total Estimated Annual Time Burden: Commenters are encouraged, but not to penalty for failing to comply with a 95 hours. required, to send a courtesy copy of any collection of information that does not Total Estimated Annual Other Costs comments by mail or courier to the U.S. display a valid Control Number. See 5 Burden: $81,900. Department of Labor-OASAM, Office of CFR 1320.5(a) and 1320.6. The DOL Dated: February 26, 2016. the Chief Information Officer, Attn: obtains OMB approval for this Michel Smyth, Departmental Information Compliance information collection under Control Departmental Clearance Officer. Management Program, Room N1301, Number 1210–0116. [FR Doc. 2016–04686 Filed 3–3–16; 8:45 am] 200 Constitution Avenue NW., OMB authorization for an ICR cannot BILLING CODE 4510–29–P Washington, DC 20210; or by email: be for more than three (3) years without [email protected]. renewal, and the DOL seeks to extend PRA authorization for this information FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF LABOR collection for three (3) more years, Michel Smyth by telephone at 202–693– without any change to existing Office of the Secretary 4129, TTY 202–693–8064, (these are not requirements. The DOL notes that toll-free numbers) or by email at existing information collection Agency Information Collection [email protected]. requirements submitted to the OMB Activities; Submission for OMB Authority: 44 U.S.C. 3507(a)(1)(D). receive a month-to-month extension Review; Comment Request; Multiple Employer Welfare Arrangement SUPPLEMENTARY INFORMATION: This ICR while they undergo review. For seeks to extend PRA authority for the additional substantive information Administrative Law Judge Administrative Hearing Procedures Annual Report for Multiple Employer about this ICR, see the related notice published in the Federal Register on Welfare Arrangements (MEWA), Form ACTION: Notice. M–1, information collection. The Health November 23, 2015 (80 FR 72990). Insurance Portability and Interested parties are encouraged to SUMMARY: On February 29, 2016, the Accountability Act of 1996, codified as send comments to the OMB, Office of Department of Labor (DOL) will submit Part 7 of Title I of the Employee Information and Regulatory Affairs at the Employee Benefits Security Retirement Income Security Act of 1974 the address shown in the ADDRESSES Administration (EBSA) sponsored (ERISA), was enacted to improve the section within thirty (30) days of information collection request (ICR) portability and continuity of health care publication of this notice in the Federal titled, ‘‘Multiple Employer Welfare coverage for group health plan Register. In order to help ensure Arrangement Administrative Law Judge participants and beneficiaries. In the appropriate consideration, comments Administrative Hearing Procedures,’’ to interest of assuring compliance with should mention OMB Control Number the Office of Management and Budget Part 7, ERISA section 101(g) further 1210–0116. The OMB is particularly (OMB) for review and approval for interested in comments that: continued use, without change, in permits the Secretary of Labor to require • a MEWA, as defined in ERISA section Evaluate whether the proposed accordance with the Paperwork 3(40), to report to the Secretary in such collection of information is necessary Reduction Act of 1995 (PRA), 44 U.S.C. form and manner as the Secretary might for the proper performance of the 3501 et seq. Public comments on the determine. See 29 U.S.C. 1021(g), functions of the agency, including ICR are invited. 1002(40). The DOL published a final whether the information will have DATES: The OMB will consider all rule providing for such reporting on an practical utility; written comments that agency receives • Evaluate the accuracy of the annual basis, together with Form M–1 to on or before April 4, 2016. agency’s estimate of the burden of the be used by a MEWA for the annual proposed collection of information, ADDRESSES: A copy of this ICR with report. The reporting requirement including the validity of the applicable supporting documentation; enables the Secretary to determine methodology and assumptions used; including a description of the likely whether the requirements of ERISA Part • Enhance the quality, utility, and respondents, proposed frequency of 7 are being carried out. The Patient clarity of the information to be response, and estimated total burden Protection and Affordable Care Act collected; and may be obtained free of charge from the (Pub. L. 111–148, 124 Stat. 119) and the • Minimize the burden of the RegInfo.gov Web site at http:// Health Care and Education collection of information on those who www.reginfo.gov/public/do/ _ Reconciliation Act of 2010 (Pub. L.111– are to respond, including through the PRAViewICR?ref nbr=201601-1210-001 152, 124 Stat. 1029) amended ERISA use of appropriate automated, or by contacting Michel Smyth by section 101(g) to provide that a MEWA electronic, mechanical, or other telephone at 202–693–4129, TTY 202– providing benefits consisting of medical technological collection techniques or 693–8064, (these are not toll-free _ _ care (within the meaning of ERISA other forms of information technology, numbers) or by email at DOL PRA section 733(a)(2), 29 U.S.C. 1191b(a)(2)), e.g., permitting electronic submission of [email protected]. that is not a group health plan, must responses. Submit comments about this request register with the Secretary prior to Agency: DOL–EBSA. by mail or courier to the Office of operating in a State. Title of Collection: Annual Report for Information and Regulatory Affairs, This information collection is subject Multiple Employer Welfare Attn: OMB Desk Officer for DOL–EBSA, to the PRA. A Federal agency generally Arrangements. Office of Management and Budget, cannot conduct or sponsor a collection OMB Control Number: 1210–0116. Room 10235, 725 17th Street NW., of information, and the public is Affected Public: Private Sector— Washington, DC 20503; by Fax: 202– generally not required to respond to an businesses or other for-profits and not- 395–5806 (this is not a toll-free information collection, unless it is for-profit institutions. number); or by email: OIRA_ approved by the OMB under the PRA Total Estimated Number of [email protected]. Commenters and displays a currently valid OMB Respondents: 456. are encouraged, but not required, to

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send a courtesy copy of any comments without any change to existing OFFICE OF MANAGEMENT AND by mail or courier to the U.S. requirements. The DOL notes that BUDGET Department of Labor-OASAM, Office of existing information collection the Chief Information Officer, Attn: requirements submitted to the OMB Calendar Year (CY) 2015 Cost of Departmental Information Compliance receive a month-to-month extension Outpatient Medical, Dental, and Management Program, Room N1301, while they undergo review. For Cosmetic Surgery Services Furnished 200 Constitution Avenue NW., additional substantive information by Department of Defense Medical Washington, DC 20210; or by email: about this ICR, see the related notice Treatment Facilities; Certain Rates _ _ DOL PRA [email protected]. published in the Federal Register on Regarding Recovery From Tortiously FOR FURTHER INFORMATION CONTACT: November 23, 2015 (80 FR 72991). Liable Third Persons Contact Michel Smyth by telephone at Interested parties are encouraged to 202–693–4129, TTY 202–693–8064, send comments to the OMB, Office of AGENCY: Office of Management and (these are not toll-free numbers) or by Information and Regulatory Affairs at Budget, Executive Office of the _ _ email at DOL PRA [email protected]. the address shown in the ADDRESSES President. Authority: 44 U.S.C. 3507(a)(1)(D). section within thirty (30) days of ACTION: Notice. SUPPLEMENTARY INFORMATION: This ICR publication of this notice in the Federal Register. In order to help ensure seeks to extend PRA authority for the SUMMARY: By virtue of the authority Multiple Employer Welfare appropriate consideration, comments should mention OMB Control Number vested in the President by section 2(a) Arrangement (MEWA) Administrative of Public Law 87–603 (76 Stat. 593; 42 Law Judge (ALJ) Administrative Hearing 1210–0148. The OMB is particularly U.S.C. 2652), and delegated to the Procedures information collection interested in comments that: Director of the Office of Management requirements codified in regulations 29 • Evaluate whether the proposed CFR 2571.3. Employee Retirement collection of information is necessary and Budget (OMB) by the President Income Security Act of 1974 (ERISA) for the proper performance of the through Executive Order No. 11541 of section 521 provides that the Secretary functions of the agency, including July 1, 1970, the rates referenced below of Labor may issue ex parte cease and whether the information will have are hereby established. These rates are desist orders when it appears to the practical utility; for use in connection with the recovery Secretary that the alleged conduct of a • Evaluate the accuracy of the from tortiously liable third persons for MEWA under ERISA section 3(40) is agency’s estimate of the burden of the the cost of outpatient medical, dental fraudulent or creates an immediate proposed collection of information, and cosmetic surgery services furnished danger to the public safety or welfare or including the validity of the by military treatment facilities through is causing or can be reasonably expected methodology and assumptions used; the Department of Defense. They are the to cause significant, imminent, and • Enhance the quality, utility, and same rates as the outpatient medical, irreparable public injury. See 29 U.S.C. clarity of the information to be dental and cosmetic surgery services 1151, 2002(40). ERISA section 521(b) collected; and reimbursement rates that were set on provides that a person who is adversely • July 1, 2015 for billing medical insurers, affected by the issuance of a cease and Minimize the burden of the collection of information on those who but require a different approval desist order may request an authority for the purpose of billing for administrative hearing regarding the are to respond, including through the use of appropriate automated, tort liability. The rates were established order. See 29 U.S.C. 1151(b). The in accordance with the requirements of regulatory provision that is the subject electronic, mechanical, or other OMB Circular A–25, requiring of this ICR describes the procedures technological collection techniques or reimbursement of the full cost of all before an ALJ when a person seeks an other forms of information technology, administrative hearing for review of e.g., permitting electronic submission of services provided. The CY 2015 such an order. responses. outpatient medical, dental and cosmetic This information collection is subject Agency: DOL–EBSA. surgery rates referenced are effective to the PRA. A Federal agency generally Title of Collection: Multiple Employer upon publication of this notice in the cannot conduct or sponsor a collection Welfare Arrangement Administrative Federal Register and will remain in of information, and the public is Law Judge Administrative Hearing effect until further notice. Previously generally not required to respond to an Procedures. published inpatient rates remain in information collection, unless it is OMB Control Number: 1210–0148. effect until further notice. Pharmacy approved by the OMB under the PRA rates are updated periodically. A full Affected Public: Private Sector— and displays a currently valid OMB disclosure of the rates is posted at businesses or other for-profits. Control Number. In addition, Health.mil Web site in the Defense notwithstanding any other provisions of Total Estimated Number of Health Agency Uniform Business Office Respondents: 10. law, no person shall generally be subject section (http://health.mil/Military- to penalty for failing to comply with a Total Estimated Number of Health-Topics/Business-Support/ collection of information that does not Responses: 10. Uniform-Business-Office). display a valid Control Number. See 5 Total Estimated Annual Time Burden: CFR 1320.5(a) and 1320.6. The DOL 20 hours. Shaun Donovan, obtains OMB approval for this Total Estimated Annual Other Costs Director, Office Management and Budget. information collection under Control Burden: $595,700. [FR Doc. 2016–04856 Filed 3–3–16; 8:45 am] Number 1210–0148. BILLING CODE P OMB authorization for an ICR cannot Dated: February 26, 2016. be for more than three (3) years without Michel Smyth, renewal, and the DOL seeks to extend Departmental Clearance Officer. PRA authorization for this information [FR Doc. 2016–04687 Filed 3–3–16; 8:45 am] collection for three (3) more years, BILLING CODE 4510–29–P

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NATIONAL AERONAUTICS AND MS 30, NASA Langley Research Center, the date of publication in the Federal SPACE ADMINISTRATION Hampton, VA 23681; (757) 864–3230 Register of the U.S. Environmental (phone), (757) 864–9190 (fax). Protection Agency’s Notice of [Notice (16–020)] FOR FURTHER INFORMATION CONTACT: Availability of the DPEIS. Once known, Notice of Intent To Grant a Partially Jennifer L. Riley, Patent Attorney, Office this date will be published on the Exclusive License of Chief Counsel, MS 30, NASA Langley project Web site: http:// Research Center, Hampton, VA 23681; environmental.ksc.nasa.gov/projects/ AGENCY: National Aeronautics and (757) 864–5057; Fax: (757) 864–9190. peis.htm. Space Administration. Information about other NASA ADDRESSES: Comments submitted by ACTION: Notice of intent to grant inventions available for licensing can be mail should be addressed to National partially exclusive license. found online at http:// Aeronautics and Space Administration, technology.nasa.gov. Kennedy Space Center, ATTN: Donald SUMMARY: This notice is issued in accordance with 35 U.S.C. 209(e) and 37 Mark P. Dvorscak, Dankert, Environmental Management CFR 404.7(a)(1)(i). NASA hereby gives Agency Counsel for Intellectual Property. Branch, SI–E3, Kennedy Space Center, FL 32899. Comments may be submitted notice of its intent to grant a partially [FR Doc. 2016–04705 Filed 3–3–16; 8:45 am] via email to ksc-dl-centerwide-eis@ exclusive license in the United States to BILLING CODE 7510–13–P practice the invention described and mail.nasa.gov. claimed in U.S. Patent No. 7,168,935 B2 The DPEIS may be reviewed at the titled ‘‘Solid Freeform Fabrication NATIONAL AERONAUTICS AND following locations: Apparatus and Methods,’’ NASA Case SPACE ADMINISTRATION (a) Titusville Public Library, 2121 S. Hopkins Avenue Titusville, Florida No. MSC–23518–1; U.S. Patent No. [Notice 16–017] 8,344,281 B2 titled ‘‘Use of Beam 32780 (321–264–5026) Deflection to Control an Electron Beam National Environmental Policy Act; (b) Cape Canaveral Public Library, 201 Wire Deposition Process,’’ NASA Case Center Master Plan Update; Kennedy Polk Avenue, Cape Canaveral, Florida No. LAR–17245–1; U.S. Patent No. Space Center 32920 (321–868–1101) 8,452,073 B2 titled ‘‘Closed-Loop (c) Cocoa Beach Public Library, 550 AGENCY: Process Control for Electron Beam National Aeronautics and North Brevard Avenue, Cocoa Beach, Freeform Fabrication and Deposition Space Administration (NASA). Florida 32931(321–868–1104) Processes,’’ NASA Case No. LAR– ACTION: Notice of Availability of the (d) Merritt Island Public Library, 1195 17766–1, to COSM Advanced Draft Programmatic Environmental North Courtenay Parkway, Merritt Manufacturing Systems LLC, having its Impact Statement (DPEIS) for the Center Island, Florida 32953 (321–455–1369) principal place of business in Peabody, Master Plan (CMP) Update covering (e) Port St. John Public Library, 6500 Massachusetts. The fields of use may be Center-wide Operations, Kennedy Space Carole Avenue, Port St. John, Florida limited to, but not necessarily limited Center (KSC), Titusville, Florida. 32927 (321–633–1867) (f) New Smyrna Beach Public Library, to, aerospace. The patent rights in these SUMMARY: Pursuant to the National 1001 S. Dixie Freeway, New Smyrna inventions have been assigned to the Environmental Policy Act, as amended, United States of America as represented Beach, FL 32168 (386–424–2910) (NEPA) (42 U.S.C. 4321 et seq.), the (g) NASA Headquarters Library, Room by the Administrator of the National Council on Environmental Quality Aeronautics and Space Administration. 1J20, 300 E Street SW., Washington, Regulations for Implementing the DC 20546–0001 (202–358–0168) The prospective partially exclusive Procedural Provisions of NEPA (40 CFR license will comply with the terms and parts 1500–1508), and NASA’s NEPA A limited number of hard copies and conditions of 35 U.S.C. 209 and 37 CFR policy and procedures (14 CFR part compact discs of the DPEIS are 404.7. 1216, subpart 1216.3), NASA has available, on a first request basis, by DATES: The prospective partially prepared and issued a DPEIS for its contacting the NASA point of contact exclusive license may be granted unless, continued operation of the Kennedy listed under FOR FURTHER INFORMATION. within fifteen (15) days from the date of The DPEIS is available on the internet Space Center, located near Titusville, ® this published notice, NASA receives Florida. The U.S. Fish and Wildlife in Adobe portable document format at written objections including evidence Service (USFWS), National Park Service http://environmental.ksc.nasa.gov/ and argument that establish that the (NPS), Federal Aviation Administration projects/peis.htm. The Federal Register grant of the license would not be (FAA), and Space Florida have served as Notice of Intent to prepare the consistent with the requirements of 35 Cooperating Agencies in preparing the Programmatic Environmental Impact U.S.C. 209 and 37 CFR 404.7. DPEIS. Statement (PEIS), issued on May 20, Competing applications completed and The purpose of this notice is to 2014, is also available on the internet at received by NASA within fifteen (15) apprise interested agencies, the same Web site address, as well as at: days of the date of this published notice organizations, tribal governments, and https://www.gpo.gov/fdsys/pkg/FR- will also be treated as objections to the individuals of the availability of the 2014-05-20/pdf/2014-11565.pdf. grant of the contemplated partially DPEIS and to invite comments on the FOR FURTHER INFORMATION CONTACT: Mr. exclusive license. document. In cooperation with USFWS Donald Dankert, Environmental Objections submitted in response to and NPS, NASA will hold public Management Branch, NASA Kennedy this notice will not be made available to meetings as part of the DPEIS review Space Center, Mail Code: SI–E3, the public for inspection and, to the process. The meeting locations and Kennedy Space Center, FL 32899, extent permitted by law, will not be dates are provided under Email: [email protected], released under the Freedom of SUPPLEMENTARY INFORMATION below. Telephone: (321) 861–1196. Information Act, 5 U.S.C. 552. DATES: Interested parties are invited to SUPPLEMENTARY INFORMATION: The PEIS ADDRESSES: Objections relating to the submit comments on environmental has been prepared to evaluate the prospective license may be submitted to issues and concerns, preferably in potential environmental impacts from Patent Counsel, Office of Chief Counsel, writing, within forty-five (45) days from proposed Center-wide KSC operations,

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activities, and facilities for a two-decade Rather, each NASA program would SUMMARY: The Nuclear Regulatory planning horizon. These operations, continue to be operated as an Commission (NRC) is considering an activities, and facilities are described in independent entity to a significant amendment to Master Materials License the 2012 CMP, which has a planning degree, to be funded separately, and to 42–23539–01AF, Docket No. 030–28641, horizon of 2012–2032. The CMP manage activities and buildings in issued to the Department of the Air considers a range of future scenarios for support of its own program. Under this Force (the licensee). This amendment repurposing existing facilities, scenario there would continue to be a will allow the licensee to decommission recapitalizing infrastructure, non-NASA presence at KSC. a former magnesium-thorium alloy reorganizing the management of KSC disposal trench at Hill Air Force Base, and its land resources, and various Public Meetings Utah, in accordance with instructions kinds of partnerships (some of which NASA and its Cooperating Agencies provided in an NRC-approved are already in place). plan to hold two public meetings in decommissioning plan. The NRC In the coming years, KSC will remain Florida to solicit comments on the conducted an environmental impact the world’s preeminent launch facility DPEIS. assessment in support of this licensing for Government and commercial space The public meetings are currently action. Based on the results of this access. KSC will support NASA, and scheduled for: assessment, the NRC concluded that a ultimately our Nation’s competitiveness, —Tuesday, March 29, 2016, 5:00 p.m. to Finding of No Significant Impact by investing in next-generation 8:00 p.m. at the at the Eastern Florida (FONSI) is appropriate. technologies and encouraging State College Titusville Campus, John DATES: The license amendment will be innovation. KSC will foster Henry Jones Gymnasium; issued on March 4, 2016. partnerships—intergovernmental, —Wednesday, March 30, 2016, 5:00 ADDRESSES: Please refer to Docket ID commercial, academic, and p.m. to 8:00 p.m. at the New Smyrna NRC–2015–0054 when contacting the international—to expand its ability to Beach High School Gymnasium, 1015 NRC about the availability of support both public and private space Tenth Street New Smyrna Beach. information regarding this document. initiatives. These institutional efforts The meeting format will include an You may obtain publicly-available and initiatives necessitate changes to open-house workshop from 5:00 p.m. to information related to this document the infrastructure, facilities, and 6:00 p.m. KSC staff and the using any of the following methods: operations at KSC over the coming Environmental Impact Statement (EIS) • Federal Rulemaking Web site: Go to decades which are identified in a new contractor will provide an overview of http://www.regulations.gov and search CMP Update that has been developed by the DPEIS findings from 6:00 p.m. to for Docket ID NRC–2015–0054. Address the Center Planning and Development 6:15 p.m., followed by a public questions about NRC dockets to Carol Office. comment period from 6:15 p.m. to 8:00 Gallagher; telephone: 301–415–3463; Alternatives p.m. The open-house workshop will email: [email protected]. For consist of poster stations describing the technical questions, contact the The DPEIS evaluates the proposed project, the NEPA process, individual listed in the FOR FURTHER environmental consequences of three and the DPEIS findings. NASA KSC and INFORMATION CONTACT section of this alternative means of managing KSC for cooperating agencies’ staff will be document. the coming two decades: • NRC’s Agencywide Documents (1) Proposed Action—KSC would present during the open-house Access and Management System continue to transition to a multi-user workshop portion to accept comments. NASA will consider all comments (ADAMS): You may obtain publicly spaceport. A number of new facilities received during the comment period in available documents online in the would be constructed, including two developing its Final EIS and comments ADAMS Public Documents collection at seaports and horizontal and vertical received and responses to comments http://www.nrc.gov/reading-rm/ launch and landing facilities. There will be included in the final document. adams.html. To begin the search, select would be changes in the acreage of In conclusion, written public input on ‘‘ADAMS Public Documents’’ and then designated land-use categories at KSC. (2) Alternative 1—This was added as environmental issues and concerns select ‘‘Begin Web-based ADAMS a direct response to concerns expressed associated with NASA’s DPEIS Search.’’ For problems with ADAMS, in comments received during the PEIS analyzing its CMP Update are hereby please contact the NRC’s Public public scoping period in June 2014, as requested. Document Room (PDR) reference staff at well as other observations and data 1–800–397–4209, 301–415–4737, or by Cheryl E. Parker, email to [email protected]. The acquired from stakeholders and other Federal Register Liaison Officer. agencies during the scoping process. ADAMS accession number for each [FR Doc. 2016–04454 Filed 3–3–16; 8:45 am] document referenced in this document Alternative 1 is similar to the Proposed BILLING CODE 7510–13–P Action in many regards, but is (if that document is available in differentiated in several key respects: ADAMS) is provided the first time that Primarily, differences in the siting and a document is referenced. NUCLEAR REGULATORY • NRC’s PDR: You may examine and size of vertical and horizontal launch COMMISSION purchase copies of public documents at and landing facilities. Also, the two new the NRC’s PDR, Room O1–F21, One seaports would not be constructed. At [Docket No. 030–28641; NRC–2015–0054] White Flint North, 11555 Rockville this time, Alternative 1 is NASA’s Pike, Rockville, Maryland 20852. preferred alternative. Department of the Air Force; Hill Air (3) No Action Alternative—KSC Force Base, Utah FOR FURTHER INFORMATION CONTACT: Jack management would continue its E. Whitten, Region IV, U.S. Nuclear AGENCY: Nuclear Regulatory Regulatory Commission, 1600 E. Lamar emphasis on dedicated NASA programs Commission. and would not maximize its transition Blvd., Arlington, TX 76011; telephone: ACTION: Environmental assessment and in the coming years towards a multi- 817–200–1197, email: Jack.Whitten@ finding of no significant impact; user spaceport with fully-integrated nrc.gov. issuance. NASA programs and non-NASA users. SUPPLEMENTARY INFORMATION:

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I. Introduction thorium alloy that had been incinerated which have been determined to have an The NRC is considering the issuance and buried at LMTA. Effective January insignificant impact in a similar setting of an amendment to Materials License 28, 1981, approximately 10 years after as established in an environmental 42–23539–01AF, issued to the termination of the license, NRC impact statement or an environmental Department of the Air Force (licensee), regulations in 10 CFR part 20 were assessment resulting in a FONSI. In to approve a proposed amended (45 FR 71761) to delete other words, the licensee requested a Decommissioning Plan (DP) for Section 20.304. categorical exclusion from the In November 1993, an NRC inspector remediation of a magnesium-thorium environmental assessment process for visited the LMTA to independently alloy burial pit located at Hill Air Force Site WR–111 based on the completion of ascertain whether the magnesium- Base, Utah. As required by part 51 of a similar EA and FONSI for the LMTA thorium alloy burial trench was still in March 2014. title 10 of the Code of Federal present at the facility (ADAMS Regulations (10 CFR), the NRC Accession No. ML16021A132). The The NRC staff acknowledges the performed an environmental assessment inspector identified two apparent licensee’s request for a categorical of the proposed activity. Based on the disposal pits, based on changes in exclusion; however, NUREG–1748, results of the environmental assessment topography and changes in background Environmental Review Guidance for that follows, the NRC has determined radiation exposure rates. In response, Licensing Actions Associated with not to prepare an environmental impact the licensee and its contractors NMSS Programs (ADAMS Accession statement for the license amendment, conducted five separate investigations No. ML032450279), Section 1.6.1, states and is issuing a Finding of No from 1993–2013 to determine the extent that another agency’s EA can be adopted Significant Impact (FONSI). of surface and subsurface radiological by the NRC, but the NRC is responsible A detailed Environmental Assessment contamination at the site. The for preparing its own EA in accordance (EA) for this project was prepared by the investigations confirmed that the with the requirements of 10 CFR 51.32– NRC and can be found in ADAMS under surface and subsurface soils were 35. The NRC must prepare a site- Accession No. ML16013A246. A contaminated with thorium-232. The specific EA and FONSI (as appropriate) summary of the environmental licensee estimated that the volume of to ensure that the site-specific aspects assessment is provided below. In soil to be remediated was approximately have been addressed. addition, the NRC staff analyzed the 2,420 cubic yards (1,850 cubic meters), radiological and industrial safety including swelling and over-excavation Facility Description impacts to workers and the public. The factors. The LMTA is a 740-acre (300-hectare) resulting Safety Evaluation Report can The licensee submitted a draft be found in ADAMS under Accession decommissioning Plan (DP) to the NRC facility managed by Hill Air Force Base. No. ML16013A248. by Memorandum dated May 12, 2014 The property is located approximately 15 miles northwest of Hill Air Force Background Information (ADAMS Accession No. ML14197A685). This submittal included a final status Base in a remote section of Weber The U.S. Atomic Energy Commission survey plan and derived concentration County, Utah. The disposal trench (Site (AEC) issued Source Material License guideline level evaluation for Site WR– WR–111) is located in the southeastern C–3650 (Docket No. 040–00204) to the 111, the licensee’s designation for the corner of LMTA. The area of the trench Marquardt Aircraft Company of Van burial trench. In response to preliminary is estimated to be 170 feet (52 meters) Nuys, California, in January 1957 for comments from NRC staff, the licensee by 170 feet (52 meters). There are no possession of magnesium-thorium alloy. provided supplemental information by buildings or structures within or In June 1961, Marquardt requested AEC Memorandum dated September 12, immediately adjacent to the WR–111 approval to burn machine chips and 2014. [The September 12, 2014, site. small pieces of magnesium-thorium submittal contained non-publicly The current land use is military and scrap material in trenches at the Little available information. The submittal industrial, with extensive rangeland Mountain Test Annex (LMTA) at Hill was redacted by the Air Force and re- present around the property. Industrial Air Force Base, Utah. Docket file records released as publicly available on properties are located approximately 1 (ADAMS Accession No. ML16021A132) December 18, 2014, ADAMS Accession mile (1.6 kilometers) to the northeast of indicate that 500 pounds (226.8 No. ML15030A218]. This supplemental the WR–111 site. The nearest residence kilograms) of scrap alloy was buried in information included a licensee request is situated about 2 miles (3.2 kilometers) June 1959, 1,500 pounds (680.4 for a waiver from the environmental east of the site. The land use is not kilograms) of alloy was buried in impact assessment process. expected to change in the near future, February 1960, and 3,600 pounds (1,633 In support of this request for a waiver, and the Federal Government plans to kilograms) of alloy was incinerated the licensee submitted an continue to control the LMTA property within the burial pit in August 1961. No environmental assessment (EA) and for research and development activities. other records of disposals were FONSI (ADAMS Accession No. provided in the AEC’s docket file. ML15030A218) to the NRC dated March The groundwater at the WR–111 site In September 1961, License C–3650 2014 involving a proposed emergency is reported to occur between 34–57 feet expired, and License STB–434 was power unit overhaul complex at the (10.4–17.4 meters) below ground issued to the licensee. The AEC LMTA. This particular EA included the surface. Four monitoring wells were subsequently terminated License STB– area encompassing the magnesium- installed around the site in 2006, in 434 in April 1971. During the time thorium decommissioning project at part, to determine if the contents of the frame that the two licenses were active, LMTA, but this EA did not specifically disposal trench have infiltrated into the regulation 10 CFR 20.304 allowed address the proposed decommissioning groundwater. The licensee’s contractor licensees to dispose of certain project at Site WR–111 itself. Citing sampled the wells in November 2006. radioactive wastes by burial. The AEC regulation 32 CFR part 989, appendix B, Based on these sample results, the allowed License STB–434 to be the licensee requested a categorical licensee’s contractor concluded that the terminated in 1971 without exclusion from further analysis of those buried thorium waste was not leaching consideration of the magnesium- actions that are similar to other actions into the local groundwater.

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II. Environmental Assessment project (Weber County, Utah) is not in impact on groundwater because the complete attainment status with Federal groundwater table is below the depth of Description of the Proposed Action clean air standards. For this reason, the the excavation. There may be a potential The NRC’s proposed action is to Air Force attempts to control emissions impact from storm water during work amend License 42–23539–01AF, originating from Hill Air Force Base. activities, but the contractor has approving the proposed DP, as The potential air quality impacts developed procedures to respond to supplemented. The licensee would then resulting from decommissioning Site potential rainwater runoff during work be authorized to conduct WR–111 would include fugitive dust activities. decommissioning as specified in the from ground disturbance and emissions The Air Force eliminated several NRC-approved DP. Concurrently with from construction/transportation issues from further study, such as the approval of the DP, the NRC plans equipment. cultural resources. Cultural resources to approve the licensee’s proposed site- At Site WR–111, the primary short- include archaeological, architectural, specific soil cleanup criteria and final term health hazard to site workers is the and traditional cultural properties. In status survey plan. potential for airborne radioactivity the Air Force’s assessment, it explained The decommissioning work includes during excavation remediation. In that four previous cultural surveys were excavating the trench with heavy response, the licensee’s contractor conducted in the area, and no cultural equipment, packaging and transporting committed to implement engineering resources were identified. The NRC staff the excavated material to an offsite controls to suppress dust and to conduct noted that the location of the disposal location for permanent disposal, air sampling. If the air samplers indicate trench had already been disturbed; conducting radiological surveys to the presence of airborne radioactive therefore, excavation of the radioactive confirm that the site has been dust, the work will be suspended until material from the trench will not result completely remediated, and backfilling the cause of the radioactive dust is in the disturbance of any new area not the trench with clean material. After identified and corrected. The contractor already disturbed. completion of decommissioning, the also committed to cover soil piles as Other issues eliminated from further NRC is expected to review the licensee’s practical and use silt fencing as needed. study by the Air Force included impacts proposed final status survey results and Another potential impact on air quality on geology and surface soils, conduct an independent radiological involves emissions from equipment and occupational safety and health, noise, survey to confirm the licensee’s final vehicles that are used to excavate the accident potential, airfield status survey results. trenches, ship the radioactive wastes for encroachment, and socio-economic disposal, and transport workers to and resources. The NRC staff reviewed these Need for the Proposed Action from the jobsite. The NRC staff potential impacts and concluded that The purpose of the proposed action is concluded that the overall air quality none would be significantly affected by to reduce the residual radioactivity at impact will be minimal due to the the decommissioning of Site WR–111. Site WR–111 to levels that allow release limited duration of the project. For example, occupational safety and of the property for unrestricted use. If The second environmental impact is health was eliminated from the licensee conducts site remediation solid and hazardous wastes. The consideration because the contractor in accordance with instructions licensee plans to manage and dispose of will use trained individuals and provided in the DP, the licensee will be the radioactive wastes in accordance approved procedures to control the in compliance with the radiological with instructions provided in the DP work. criteria for license termination, as and associated work plan. Non- Environmental Impacts of the specified in regulation 10 CFR part 20, radioactive hazardous wastes are not Alternatives to the Proposed Action subpart E. Approval of the DP would expected to be encountered during allow the NRC to fulfill its decommissioning. In addition, liquid As an alternative to the proposed responsibilities under the Atomic hazardous wastes are not expected to be action, the staff considered denial of the Energy Act to ensure protection of the created. The contractor will sample the proposed action (i.e., the ‘‘no-action’’ public health and safety and radioactive wastes for non-radiological alternative). The no-action alternative environment. hazardous waste constituents to ensure assumes that the status quo is that the wastes are acceptable for maintained. With respect to the WR–111 Environmental Impacts of the Proposed shipment to the chosen disposal site. site, the no-action alternative means that Action The third environmental impact the licensee would not be allowed to In its EA and FONSI dated March 14, involves biological resources. At the conduct decommissioning work, and 2014, the Air Force summarized the WR–111 site, the decommissioning the disposal trench would continue to potential impacts of the proposed work will result in temporary loss of remain onsite at the LMTA. construction of four buildings and habitat and displacement of animal The no-action alternative is not demolition of two buildings at the species, specifically, mule deer and acceptable because it violates the NRC’s LMTA to support the overhaul of rodents. However, the footprint of the Timeliness Rule regulations that are emergency power units used in fighter decommissioning project is small, 1 acre specified in 10 CFR part 30.36. The aircraft. The Air Force identified and (0.4 hectares), and the contractor and Timeliness Rule requires licensees to analyzed four environmental effects— licensee plan to restore the property decommission their facilities in a timely air quality, solid and hazardous wastes, after completion of work. Therefore, the manner when licensed activities have biological resources, and water quality. short-term decommissioning of Site permanently ceased. In addition, the The NRC staff reviewed the licensee’s WR–111 would have a minimal impact radioactive contamination at Site WR– environmental impact assessment with on biological resources. 111 currently exceeds the radiological an emphasis on the potential impacts The fourth analyzed environmental criteria for license termination as that may occur while conducting impact involves water quality. There are specified in subpart E to 10 CFR part 20. decommissioning work at Site WR–111. no surface water sources in the vicinity Approval of the no-action alternative The first environmental impact is air of the proposed work area; therefore, the would prevent the licensee from quality. This impact was analyzed by work should have no impact on surface conducting decommissioning work as the Air Force because the location of the waters. The work should not have an necessary to release the site for

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unrestricted use under subpart E Support of Rulemaking on Radiological adams.html. To begin the search, select requirements. Criteria for License Termination of NRC- ‘‘ADAMS Public Documents’’ and then Licensed Nuclear Facilities’’ (ADAMS select ‘‘Begin Web-based ADAMS Agencies and Persons Consulted Accession No. ML042310492). Search.’’ For problems with ADAMS, In accordance with its stated policy, Based on the analysis contained in please contact the NRC’s Public the NRC consulted with the Utah this EA, the NRC staff concludes that Document Room (PDR) reference staff at Department of Environmental Quality, the proposed action will not have a 1–800–397–4209, 301–415–4737, or by Division of Waste Management and significant effect on the quality of the email to [email protected]. For the Radiation Control, regarding the human environment and has convenience of the reader, the ADAMS environmental assessment and safety determined not to prepare an accession numbers are provided in a evaluation impacts of the proposed environmental impact statement for the table in the ‘‘Availability of Documents’’ action (ADAMS Accession No. proposed action. Accordingly, the NRC section of this document. ML15338A187). On January 6, 2016, the has determined that a Finding of No • NRC’s PDR: You may examine and State agency informed the NRC that it Significant Impact (FONSI) is purchase copies of public documents at had no comments on the proposed appropriate. the NRC’s PDR, Room O1–F21, One action (ADAMS Accession No. Dated at Arlington, Texas, this 17th day of White Flint North, 11555 Rockville ML16008B076). Pike, Rockville, Maryland 20852. As part of its 2014 environmental February 2016. FOR FURTHER INFORMATION CONTACT: assessment process for the overhaul For the Nuclear Regulatory Commission. complex, the Air Force consulted with Jack E. Whitten, Steven Lynch, Office of Nuclear Reactor local Tribes and the Utah Division of Chief, Nuclear Materials Safety Branch B, Regulation, U.S. Nuclear Regulatory State History. The Air Force provided Division of Nuclear Materials Safety, Region Commission, Washington, DC 20555– documentation of their responses as IV Office. 0001; telephone: 301–415–1524, email: attachments to its EA. The Utah [FR Doc. 2016–04863 Filed 3–3–16; 8:45 am] [email protected]. Division of State History and the Hopi BILLING CODE 7590–01–P SUPPLEMENTARY INFORMATION: Tribe concurred with the finding of no I. Introduction adverse impacts, and the Navajo Nation concluded that the proposed project NUCLEAR REGULATORY Under section 2.106 of title 10 of the would not have an impact on Navajo COMMISSION Code of Federal Regulations (10 CFR), the NRC is providing notice of the traditional cultural properties (ADAMS [Docket No. 50–608; NRC–2013–0053] Accession Nos. ML15282A470 and issuance of Construction Permit, ML15282A476). The NRC staff did not SHINE Medical Technologies, Inc.; CPMIF–001 to SHINE and, issuance of consult with these State and tribal SHINE Medical Isotope Facility the Record of Decision (ROD) under 10 entities, due to the results of the Air CFR 51.102(c). The construction permit, Force’s consultations. AGENCY: Nuclear Regulatory which is immediately effective, The NRC staff determined that the Commission. authorizes SHINE to construct a facility proposed action will not affect listed ACTION: Construction permit and record that will house eight utilization species or critical habitats based on the of decision; issuance. facilities and one production facility results of previous consultations designed for the production of medical SUMMARY: The U.S. Nuclear Regulatory provided by the Air Force to the NRC. radioisotopes, as described in SHINE’s Commission (NRC) is providing notice Therefore, no further consultations are application for construction permit, in of the issuance of Construction Permit required under Section 7 of the Janesville, Wisconsin. With respect to CPMIF–001 to SHINE Medical Endangered Species Act. Likewise, the the application for the construction Technologies, Inc. (SHINE) and record NRC staff determined that the proposed permit filed by SHINE, the NRC finds of decision, located in Janesville, action is not the type of activity that has that the applicable standards and Wisconsin. the potential to cause effects on historic requirements of the Atomic Energy Act properties, in part, because there are no ADDRESSES: Please refer to Docket ID of 1954, as amended (the Act), and the structures located at or adjacent to Site NRC–2013–0053 when contacting the Commission’s regulations have been WR–111. Therefore, no further NRC about the availability of met. The NRC finds that any required consultation is required under Section information regarding this document. notifications to other agencies or bodies 106 of the National Historic You may obtain publicly-available have been duly made and that, among Preservation Act. information related to this document other things, there is reasonable using any of the following methods: assurance that the activities authorized III. Finding of No Significant Impact • Federal Rulemaking Web site: Go to by the permit will be conducted in The NRC staff concluded that the http://www.regulations.gov and search compliance with the rules and proposed decommissioning project at for Docket ID NRC–2013–0053. Address regulations of the Commission, that Site WR–111 at Hill Air Force Base, questions about NRC dockets to Carol safety questions will be satisfactorily Utah, will have a minimal impact on the Gallagher; telephone: 301–415–3463; resolved by the completion of environment. The NRC staff considered email: [email protected]. For construction, and that, taking into air quality, solid and hazardous wastes, technical questions, contact the consideration siting criteria, the biological resources, water quality, individual listed in the FOR FURTHER proposed facility can be constructed and cultural resources, and worker safety. In INFORMATION CONTACT section of this operated at the proposed location addition, the staff determined that the document. without under risk to public health and affected environment and the • NRC’s Agencywide Documents safety, subject to the conditions listed in environmental impacts associated with Access and Management System the construction permit. Furthermore, the decommissioning of Site WR–111 (ADAMS): You may obtain publicly- the NRC finds that the licensee is are bounded by the impacts evaluated available documents online in the technically and financially qualified to by NUREG–1496, ‘‘Generic ADAMS Public Documents collection at engage in the activities authorized, and Environmental Impact Statement in http://www.nrc.gov/reading-rm/ that issuance of the license will not be

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inimical to the common defense and documenting its final decision on the in the construction permit package, as security or to the health and safety of mandatory hearing held on December well as the Commission’s hearing the public. Finally, the NRC finds that 15, 2015, which serves as the ROD in decision and ROD, are available online the findings required by Subpart A of 10 this proceeding. The NRC also prepared in the ADAMS Public Documents CFR part 51 have been made. a document summarizing the ROD to collection at http://www.nrc.gov/ Accordingly, the immediately accompany its action on the reading-rm/adams.html. From this site, effective construction permit was issued construction permit application that persons can access the NRC’s ADAMS, on February 29, 2016. incorporates by reference materials which provides text and image files of II. Further Information contained in the FEIS. In accordance NRC’s public documents. with 10 CFR 2.390 of the NRC’s The NRC prepared a Safety Evaluation III. Availability of Documents Report (SER) and Final Environmental ‘‘Agency Rules of Practice and Impact Statement (FEIS) that document Procedure,’’ details with respect to this The documents identified in the the information reviewed and the NRC’s action, including the SER, FEIS, following table are available to conclusion. The Commission also summary of the ROD, and interested persons through one or more issued its Memorandum and Order accompanying documentation included of the following methods, as indicated.

ADAMS Document Accession No.

Construction Permit No. CPMIF–001 ...... ML16041A471 Commission’s Memorandum and Order on the mandatory hearing (ROD) ...... ML16056A094 Summary of the Record of Decision ...... ML16041A470 Safety Evaluation Report Related to the SHINE Medical Technologies, Inc. Construction Permit Application for a Medical Ra- ML15342A396 dioisotope Production Facility. NUREG–2183, Final Environmental Impact Statement for the Construction Permit for the SHINE Medical Radioisotope Pro- ML15288A046 duction Facility. SHINE Construction Permit Application ...... ML13088A192 ML15259A272 ML15258A431

Dated at Rockville, Maryland, this 29 day 2013, as the regulations currently select ‘‘Begin Web-based ADAMS of February 2016. require. The NRC staff reviewed this Search.’’ For problems with ADAMS, For the Nuclear Regulatory Commission. request and determined that it is please contact the NRC’s Public Lawrence E. Kokajko, appropriate to grant the exemption to Document Room (PDR) reference staff at Director, Division of Policy and Rulemaking, the EP update requirements until 1–800–397–4209, 301–415–4737, or by Office of Nuclear Reactor Regulation. December 31, 2016, but stipulated that email to [email protected]. The [FR Doc. 2016–04864 Filed 3–3–16; 8:45 am] the updates to the Final Safety Analysis ADAMS accession number for each BILLING CODE 7590–01–P Report (FSAR) must be submitted prior document referenced (if it available in to requesting the NRC resume its review ADAMS) is provided the first time that of the COL application, or by December a document is referenced. NUCLEAR REGULATORY 31, 2016, whichever comes first. • NRC’s PDR: You may examine and COMMISSION DATES: The exemption is effective on purchase copies of public documents at March 4, 2016. [Docket Nos. 52–022 and 52–023; NRC– the NRC’s PDR, Room O1–F21, One 2013–0261] ADDRESSES: Please refer to Docket ID White Flint North, 11555 Rockville NRC–2013–0261 when contacting the Pike, Rockville, Maryland 20852. Duke Energy Progress; Combined NRC about the availability of FOR FURTHER INFORMATION CONTACT: License Applications for Shearon information regarding this document. Brian Hughes, Office of New Reactors, Harris Nuclear Plant Units 2 and 3 You may obtain publicly-available U.S. Nuclear Regulatory Commission, information related to this document Washington, DC 20555–0001; telephone: AGENCY: Nuclear Regulatory using any of the following methods: 301–415–6582; email: Brian.Hughes@ Commission. • Federal Rulemaking Web site: Go to nrc.gov. ACTION: Exemption; issuance. http://www.regulations.gov and search for Docket ID NRC–2013–0261. Address SUPPLEMENTARY INFORMATION: SUMMARY: The U.S. Nuclear Regulatory questions about NRC dockets to Carol I. Background Commission (NRC) is issuing an Gallagher; telephone: 301–415–3463; exemption in response to an August 12, email: [email protected]. For On February 18, 2008, (ADAMS 2015, letter from Duke Energy Progress technical questions, contact the Accession No. ML080580078) DEP (DEP). On May 2, 2013, DEP requested individuals listed in the FOR FURTHER submitted to the NRC a COL application that the NRC suspend review of its INFORMATION CONTACT section of this for two units of Westinghouse Electric combined license (COL) application document. Company’s AP1000 advanced until further notice. On August 12, • NRC’s Agencywide Documents pressurized water reactors to be 2015, DEP requested an exemption from Access and Management System constructed and operated at the existing certain regulatory requirements which, (ADAMS): You may obtain publicly- Shearon Harris Nuclear Plant (Harris) if granted, would allow them to revise available documents online in the site (Docket Numbers 052000–22 and their COL application in order to ADAMS Public Documents collection at 052000–23). The NRC docketed the address enhancements to the Emergency http://www.nrc.gov/reading-rm/ Harris Units 2 and 3 COL application on Preparedness (EP) rules by December adams.html. To begin the search, select April 23, 2008. On May 2, 2013 31, 2016, rather than by December 31, ‘‘ADAMS Public Documents’’ and then (ADAMS Accession No. ML13123A344),

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DEP requested that the NRC suspend before December 31, 2016, rather than license is issued, the exemption does review of the Harris Units 2 and 3 COL the initial December 31, 2013, date not increase the probability of application. The NRC granted DEP’s required by 10 CFR part 50, appendix E, postulated accidents. Additionally, request for suspension and all review section I.5. The current requirement to based on the nature of the requested activities related to the Harris Units 2 comply with the new EP rule could not exemption as described above, no new and 3 COL application were suspended be changed, absent the exemption. accident precursors are created by the while the application remained exemption; thus neither the probability, III. Discussion docketed. On July 29, 2013 (ADAMS nor the consequences of postulated Accession No. ML13212A361), DEP Pursuant to 10 CFR 50.12(a), the accidents are increased. Therefore, there requested an exemption from the Commission may, upon application by is no undue risk to public health and requirements in part 50, appendix E, any interested person or upon its own safety. section I.5 of title 10 of the Code of initiative, grant exemptions from the Consistent With Common Defense and Federal Regulations (10 CFR), as requirements of 10 CFR part 50, Security referenced by 10 CFR 52.79(a)(21), to including 10 CFR part 50, appendix E, submit an update to the COL section I.5, when: (1) The exemption(s) The requested exemption would application, addressing the are authorized by law, will not present allow DEP to submit the revised COL enhancements to the EP rules by an undue risk to public health or safety, application prior to requesting the NRC December 31, 2013, which the NRC and are consistent with the common to resume the review and, in any event, granted through December 31, 2014. On defense and security; and (2) special on or before December 31, 2016. This August 1, 2014 (ADAMS Accession No. circumstances are present. As relevant schedule change has no relation to ML14216A432), DEP requested another to the requested exemption, special security issues. Therefore, the common exemption from the requirements of 10 circumstances exist if: ‘‘Application of defense and security is not impacted. the regulation in the particular CFR part 50, appendix E, section I.5, as Special Circumstances referenced by 10 CFR 52.79(a)(21), to circumstances would not serve the submit an update to the COL underlying purpose of the rule or is not Special Circumstances, in accordance application, addressing the necessary to achieve the underlying with 10 CFR 50.12(a)(2(ii) are present enhancements to the EP rules by purpose of the rule’’ (10 CFR whenever: December 31, 2014, which the NRC 50.12(a)(2)(ii)). (1) Application of the regulation in the particular circumstances would not granted through December 31, 2015. On Authorized by Law August 12, 2015 (ADAMS Accession serve the underlying purpose of the rule No. ML15226A352), DEP requested The exemption is a one-time schedule or is not necessary to achieve the another exemption from the exemption from the requirements of 10 underlying purpose of the rule (10 CFR requirements of 10 CFR part 50, CFR part 50, appendix E, section I.5. 50.12(a)(ii); or (2) The exemption would appendix E, section I.5, as referenced by The exemption would allow DEP to only provide temporary relief from the 10 CFR 52.79(a)(21), to submit an revise its COL application, and comply applicable regulation or the applicant update to the COL application, with the new EP rules on or before has made good faith efforts to comply addressing the enhancements to the EP December 31, 2016, in lieu of the initial with the regulation (10 CFR rules by December 31, 2016 December 31, 2013, the date required by 50.12(a)(2)(v)). 10 CFR part 50, appendix E, section I.5. The purpose of 10 CFR part 50, II. Request/Action As stated above, 10 CFR 50.12 allows appendix E, section I.5 is to ensure that Part 50, appendix E, section 1.5, the NRC to grant exemptions from the applicants and new COL holders requires that an applicant for a COL requirements of 10 CFR part 50 . The updated their COL applications or COLs under Subpart C of 10 CFR part 52 NRC staff has determined that granting to allow the NRC to review them whose application was docketed prior to DEP the requested one-time exemption efficiently and effectively, and to bring December 23, 2011, must revise their from the requirements of 10 CFR part the applicants or licensees into COL application to comply with the EP 50, appendix E, section I.5 will not compliance prior to receiving a license, rules published in the Federal Register result in a violation of the Atomic or, for licensees, prior to operating the (76 FR 72560) on November 23, 2011. Energy Act of 1954, as amended, or NRC plant. The targets of Section I.5 of the An applicant that does not receive a regulations. Therefore, the exemption is rule were those applications that were COL before December 31, 2013, shall authorized by law. being actively reviewed by the NRC staff revise its COL application to comply when the rule went into effect on with these changes no later than No Undue Risk to Public Health and November 23, 2011. Since the Harris December 31, 2013. Safety Units 2 and 3 COL application is now Since DEP will not hold a COL prior The underlying purpose of the suspended compelling DEP to revise its to December 31, 2013, it is therefore enhancements to EP found in 10 CFR COL application in order to meet the required to revise its application to be part 50, appendix E, is to amend certain compliance deadline would result in compliant with the new EP rules. EP requirements to enhance protective unnecessary burden and hardship for Similar to an earlier exemption request measures in the event of a radiological the applicant to meet the compliance it submitted, as described above, by emergency; address, in part, date. If the NRC were to grant this letter dated August 12, 2015, (ADAMS enhancements identified after the exemption, and DEP were then required Accession No. ML15226A352), DEP terrorist events of September 11, 2001; to update its application to comply with requested another exemption from the clarify regulations to effect consistent the EP rule enhancements by December requirements of 10 CFR part 50, Emergency Plan implementation among 31, 2016, or prior to any request to appendix E, section I.5, to submit the licensees; and modify certain restart their review, the purpose of the required COL application revision to requirements to be more effective and rule would still be achieved. For this comply with the new EP rules. The efficient. Since plant construction reason, the application of 10 CFR part requested exemption would allow DEP cannot proceed until the NRC review of 50, appendix E, section I.5, for the to revise its COL application, and the application is completed, a suspended Harris 2 and 3 COL comply with the new EP rules on or mandatory hearing is completed and a application is deemed unnecessary and,

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therefore, special circumstances are administrative in nature, and does not SUMMARY: The U.S. Nuclear Regulatory present. impact the probability or consequences Commission (NRC) is considering of accidents. issuance of an exemption to Exelon Eligibility for Categorical Exclusion (vi) The requirements from which an Generation Company, LLC (hereafter, From Environmental Review exemption is sought involve: EGC or the applicant). EGC is the With respect to the exemption’s (B) Reporting requirements; general licensee operating the Dresden impact on the quality of the human The exemption request involves Nuclear Power Station (DNPS) environment, the NRC has determined submitting an updated COL application Independent Spent Fuel Storage that this specific exemption request is by DEP and Installation (ISFSI) located in Morris, eligible for categorical exclusion as (G) Scheduling requirements; Illinois. Specifically, EGC seeks identified in 10 CFR 51.22(c)(25) and The proposed exemption relates to the authorization to load and store one justified by the NRC staff as follows: schedule for submitting a COL DNPS Unit 1 thoria rod canister (c) The following categories of actions application update to the NRC. containing 18 DNPS Unit 1 thoria rods are categorical exclusions provided that: IV. Conclusion in a Holtec International, Inc., multi- (i) There is no significant hazards purpose canister (MPC)–68M. Thoria consideration; Accordingly, the Commission has rods are not approved for storage in the The criteria for determining whether determined that, pursuant to 10 CFR MPC–68M per Certificate of Compliance there is no significant hazards 50.12(a), the exemption is authorized by (CoC) No. 1014, Amendment 8, Rev. 1 1 consideration are found in 10 CFR law, will not present an undue risk to Appendix B, ‘‘Approved Contents and 50.92. The proposed action involves the public health and safety, and is Design Features.’’ EGC plans to load and only a schedule change regarding the consistent with the common defense store Holtec HI–STORM 100 spent fuel submission of an update to the and security. Also special circumstances casks utilizing Amendment 8, Rev. 1 to application for which the licensing are present. Therefore, the Commission CoC No. 1014 in the 2016 DNPS spent review has been suspended. Therefore, hereby grants DEP a one-time exemption fuel loading campaign (SFLC). there are no significant hazards from the requirements of 10 CFR part 50 ADDRESSES: Please refer to Docket ID considerations because granting the Appendix E, Section I.5 pertaining to NRC–2016–0047 when contacting the proposed exemption would not: the Harris Units 2 and 3 COL NRC about the availability of (1) Involve a significant increase in application to allow submittal of the information regarding this document. the probability or consequences of an revised COL application that complies You may obtain publicly-available accident previously evaluated; or with the enhancements to the EP rules information related to this document (2) Create the possibility of a new or prior to any request to the NRC to different kind of accident from any using any of the following methods: resume the review, and in any event, no • accident previously evaluated; or Federal Rulemaking Web site: Go to later than December 31, 2016. http://www.regulations.gov and search (3) Involve a significant reduction in Pursuant to 10 CFR 51.22, the for Docket ID NRC–2016–0047. Address a margin of safety. Commission has determined that the (ii) There is no significant change in questions about NRC dockets to Carol exemption request meets the applicable the types or significant increase in the Gallagher; telephone: 301–415–3463; categorical exclusion criteria set forth in amounts of any effluents that may be email: [email protected]. For 10 CFR 51.22(c)(25), and the granting of released offsite; technical questions, contact the this exemption will not have a The proposed action involves only a individual listed in the FOR FURTHER significant effect on the quality of the schedule change which is INFORMATION CONTACT section of this human environment. administrative in nature, and does not document. involve any changes to be made in the This exemption is effective upon • NRC’s Agencywide Documents types or significant increase in the issuance. Access and Management System amounts of effluents that may be Dated at Rockville, Maryland, this 26th day (ADAMS): You may obtain publicly- released offsite. of February 2016. available documents online in the (iii) There is no significant increase in For the Nuclear Regulatory Commission. ADAMS Public Documents collection at individual or cumulative public or Francis M. Akstulewicz, http://www.nrc.gov/reading-rm/ occupational radiation exposure; Director, Division of New Reactor Licensing, adams.html. To begin the search, select Since the proposed action involves Office of New Reactors. ‘‘ADAMS Public Documents’’ and then only a schedule change which is [FR Doc. 2016–04850 Filed 3–3–16; 8:45 am] select ‘‘Begin Web-based ADAMS administrative in nature, it does not BILLING CODE 7590–01–P Search.’’ For problems with ADAMS, contribute to any significant increase in please contact the NRC’s Public occupational or public radiation Document Room (PDR) reference staff at exposure. NUCLEAR REGULATORY 1–800–397–4209, 301–415–4737, or by (iv) There is no significant COMMISSION email to [email protected]. For the construction impact; convenience of the reader, the ADAMS The proposed action involves only a [Docket No. 50–010, 50–237, 50–249 and 72– 37; NRC–2016–0047] accession numbers are provided in a schedule change which is table in the ‘‘Availability of administrative in nature; the application Documents,’’ Section IV of this review is suspended until further Exelon Generation Company, LLC; document. notice, and there is no consideration of Dresden Nuclear Power Station, Units any construction at this time, and hence 1, 2 and 3; Independent Spent Fuel Storage Installation 1 The licensee’s application referred to the proposed action does not involve Amendment 8; since that time, Amendment 8 has any construction impact. AGENCY: Nuclear Regulatory been revised. (On February 16, 2016, Amendment (v) There is no significant increase in Commission. 8, Rev. 1 to CoC 1014 became effective.) This the potential for or consequences from revision does not impact the exemption request that ACTION: Environmental assessment and is the subject of this environmental assessment radiological accidents; and finding of no significant impact; because none of the changes in the revision revised The proposed action involves only a issuance. the thoria contents or the physical characteristics of schedule change which is the storage cask.

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• NRC’s PDR: You may examine and issue the exemption to EGC as radiological environmental impacts purchase copies of public documents at proposed, will be based on the results from approval of the exemption would the NRC’s PDR, Room O1–F21, One of the NRC staff’s review as documented not change from those evaluated in CoC White Flint North, 11555 Rockville in this environmental assessment and in 1014, Amendment Nos. 1 and 8, Pike, Rockville, Maryland 20852. the separate Federal Register Notice. because: (1) The proposed action would not involve any construction activities, FOR FURTHER INFORMATION CONTACT: II. Environmental Assessment Bernard White, Office of Nuclear land disturbance, excavation, physical Material Safety and Safeguards, U.S. Description of the Proposed Action changes to the DNPS facilities, or changes in land use; (2) operation of the Nuclear Regulatory Commission, The proposed action would exempt ISFSI does not require usage of water Washington, DC 20555–0001; telephone: EGC from specific portions of the resources; and (3) the ISFSI does not 301–415–6577, email: Bernard.White@ requirements of 10 CFR 72.212, generate gaseous, liquid, or solid nrc.gov. ‘‘Conditions of general license issued effluents or wastes during operation. under § 72.210,’’ specifically 10 CFR SUPPLEMENTARY INFORMATION: Therefore, there are no significant non- 72.212(a)(2), 10 CFR 72.212(b)(3), I. Introduction radiological impacts associated with the 72.212(b)(5)(i), a portion of proposed action. The NRC is considering issuance of an 72.212(b)(11), and 10 CFR 72.214, ‘‘List The NRC staff also determined that exemption from the spent fuel storage of approved spent fuel storage casks.’’ the radiological doses to workers and to requirements applicable to EGC to The proposed exemption request the public associated with the proposed operate an ISFSI at the DNPS located in pertains to the requirements of CoC No. action are bounded by previous analyses Morris, Illinois. As required by § 51.30 1014, Amendment 8, Rev. 1, Appendix for CoC 1014, Amendment No. 8, and of title 10 of the Code of Federal B, ‘‘Approved Contents and Design that radiological doses would be below Regulations (10 CFR), the NRC Features,’’ Table 2.1–1, ‘‘Fuel Assembly the NRC’s regulatory limits in 10 CFR performed an environmental Limits.’’ The addition of a new multi- part 20 and Part 72. In prior NRC staff assessment. Based on the results of the purpose canister (MPC)–68M to the reviews of CoC 1014, Amendment Nos. environmental assessment, the NRC has approved models included in CoC No. 1 and 8, the NRC staff concluded that determined not to prepare an 1014 was one of the additions included the Metamic-HT basket in the MPC– environmental impact statement for the in Amendment 8. Thoria rods are 68M has very little effect on the external exemption, and is issuing a finding of approved content for the MPC–68F, dose rate; and a single thoria rod no significant impact. MPC–68, and MPC–68FF. However, canister, while unbounded in part of the Exelon Generation Company holds a Appendix B, Table 2.1–1, Section VI, gamma source spectrum, will not general license under 10 CFR part 72 for does not include, as approved content, impact cask external dose rates. the storage of spent fuel in the DNPS thoria rods for storage in the MPC–68M. Additionally, the NRC staff determined ISFSI. The applicant is subject to 10 For the DNPS ISFSI, the exemption that the proposed action will not CFR 72.212, which provides in part that would allow ECG to deviate from the increase the probability or consequences the general license is limited to storage requirements of CoC No. 1014, of accidents since the exemption would of spent fuel in casks approved under Amendment 8, Rev. 1 by permitting the authorize loading of a different type of the provisions of 10 CFR part 72. The storage of thoria rods in the MPC–68M. fuel assembly, but use the same general licensee must ensure that each Need for the Proposed Action procedures for loading, preparation for cask used conforms to the terms, storage, and storage as all other fuel conditions, and specifications of a CoC, The proposed action would relieve assemblies. No changes are being made or an amended CoC, listed in Section the applicant from requirements of 10 in the types or quantities of effluents 72.214. CFR 72.212(a)(2), 72.212(b)(3), that may be released offsite, and there The applicant requested an exemption 72.212(b)(5)(i), the portion of is no significant increase in which would allow storage in the Holtec 72.212(b)(11) which states that ‘‘The occupational or public radiation HI–STORM MPC–68M of a DNPS Unit licensee shall comply with the terms, exposure. Therefore, there are no 1 thoria rod canister containing 18 conditions, and specifications of the significant radiological environmental DNPS Unit 1 thoria rods. Specifically, CoC . . .’’, and 10 CFR 72.214, ‘‘List of impacts associated with the proposed the applicant requested an exemption approved spent fuel storage casks.’’ The action. Based on these findings, the NRC from 10 CFR 72.212(b)(3) and the applicant maintains that loading the concludes that there are no significant portion of 10 CFR 72.212(b)(11) that thoria rod canister during the 2016 environmental impacts associated with requires compliance with the terms, DNPS SFLC is part of a program to the approval of the exemption. conditions, and specifications of CoC ensure full core discharge capability. If No. 1014, Amendment No. 8, Rev. 1. In not loaded during the 2016 DNPS SFLC, Environmental Impacts of the evaluating the request, the NRC is also EGC states that it would not be able to Alternatives to the Proposed Action considering, pursuant to authority in load and store the DNPS Unit 1 thoria An alternative to the proposed 72.7, exemption from similar rod canister until 2018. exemption request would be for Holtec, requirements in 10 CFR 72.212(a)(2), 10 the CoC holder, to submit an CFR 72.212(b)(5)(i); and 10 CFR 72.214, Environmental Impacts of the Proposed amendment request for Certificate of ‘‘List of approved spent fuel storage Action Compliance No. 1014, which the NRC casks.’’ The NRC staff is performing a In the preparation of this would need to review for approval. The technical review of the exemption Environmental Assessment, the staff NRC review and approval of an request and will prepare a separate used guidance in NUREG–1748, amendment request would result in a Federal Register notice to document the ‘‘Environmental Review Guidance for delay in the loading and storage of the NRC review of the structural integrity, Licensing Actions Associated with DNPS Unit 1 thoria rod canister. EGC criticality control, thermal, shielding, NMSS Programs.’’ plans to load the thoria rod canister and confinement design functions for a The staff evaluated the environmental during the DNPS 2016 SFLC as part of loaded DNPS Unit 1 thoria rod canister. impacts associated with this exemption. a program to ensure full core discharge The NRC staff’s decision whether to The NRC staff determined that non- capability. In order to load the thoria

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rod canister during the spring 2016 10 CFR 72.214. The environmental Therefore, no consultation is required SFLC campaign, EGC stated that it must assessment for the May 1, 2000, final under Section 106 of the National finalize fuel loading package rule concluded that there would be no Historic Preservation Act. documentation by December 2015. significant environmental impact for Based on the amount of time generally adding the Holtec HI–STORM system, III. Finding of No Significant Impact required to review and approve CoC and therefore, the NRC issued a finding The NRC staff has reviewed EGC’s amendment requests (e.g., 18 months to of no significant impact. exemption request to authorize EGC to 27 months), there would not be Alternative Use of Resources load and store one DNPS Unit 1 thoria adequate time for development of fuel rod canister containing 18 DNPS Unit 1 This action does not impact any loading packages. The timing thoria rods in the DNPS ISFSI. Based on resource implications discussed in constraints would also extend beyond its review of the proposed action, in the scheduled start of the DNPS SFLC previous environmental reviews. accordance with the requirements in 10 campaign in Spring 2016. According to Agencies and Persons Consulted CFR part 51, the NRC staff has EGC, delaying the approval to mid-2016 determined that approval of the or beyond would delay EGC’s ability to The staff consulted with Mr. Joseph exemption from the requirements of 10 have full-core offload capability in the Klinger, Assistant Director of the Illinois CFR 72.212(a)(2), 10 CFR 72.212(b)(3), DNPS spent fuel pool until spring 2018. Emergency Management Agency (IEMA) 72.212(b)(5)(i), a portion of 10 CFR This alternative is not considered by email, regarding the environmental 72.212(b)(11), and 10 CFR 72.214 to further because it does not meet the impact of the proposed action. The allow EGC to load and store one DNPS purpose and need of the proposed State’s response was received by email Unit 1 thoria rod canister containing 18 action. dated October 28, 2015. The email As another alternative to the proposed response states that IEMA reviewed the DNPS Unit 1 thoria rods in CoC No. action, the staff considered denial of the draft environmental assessment and 1014, Amendment 8, Revision 1, will exemption request (i.e., the ‘‘no-action’’ found ‘‘no basis for denial of this not significantly affect the quality of the alternative). This alternative would have Exemption Request.’’ Mr. Klinger human environment. For these reasons, the same environmental impacts as the concurred with the environmental NRC has determined that pursuant to 10 proposed action. In the event that the assessment and finding of no significant CFR 51.31, preparation of an NRC denied the requested exemption, impact. Environmental Impact Statement is not EGC would continue to operate under The NRC staff has determined that a required for the proposed action, and the requirements of the current Holtec consultation under Section 7 of the pursuant to 10 CFR 51.32, a Finding of HI–STORM CoC, which has previously Endangered Species Act is not required No Significant Impact (FONSI) is been determined to have no significant because the proposed action will not appropriate. impacts. The potential environmental affect listed species or critical habitat. IV. Availability of Documents impact of using the Holtec HI–STORM The NRC staff has also determined that system was initially analyzed in the the proposed action is not a type of The documents identified in the environmental assessment for the final activity that has the potential to impact following table are available to rule (65 FR 25241; May 1, 2000) to add historic properties because the proposed interested persons through one or more the Holtec HI–STORM system to the list action would occur within the of the methods indicated in the of approved spent fuel storage casks in established DNPS site boundary. ADDRESSES section.

ADAMS Document Accession No.

Exelon Generation Company (EGC) application dated January 29, 2015 ...... ML15029A334 EGC supplement dated June 8, 2015 ...... ML15159A745 NRC email dated October 21, 2015, to Illinois Emergency Management Agency (IEMA) forwarding draft environmental assess- ment and IEMA response dated October 28, 2015, to draft environmental assessment ...... ML15323A022 Holtec HI–STORM final rule ...... ML010670391 NUREG–1748, ‘‘Environmental Review Guidance for Licensing Actions Associated with NMSS Programs’’ ...... ML032450279

Dated at Rockville, Maryland, this 25th day NUCLEAR REGULATORY Week of March 14, 2016—Tentative of February, 2016. COMMISSION For the Nuclear Regulatory Commission. Tuesday, March 15, 2016 Steve Ruffin, [NRC–2016–0001] 9:00 a.m. Briefing on Power Reactor Acting Chief, Spent Fuel Licensing Branch, Decommissioning Rulemaking Division of Spent Fuel Management, Office Sunshine Act Meeting (Public Meeting) (Contact: Jason of Nuclear Material Safety and Safeguards. Carneal: 301–415–1451) [FR Doc. 2016–04750 Filed 3–3–16; 8:45 am] DATES: March 7, 14, 21, 28, April 4, 11, This meeting will be webcast live at 2016. BILLING CODE 7590–01–P the Web address—http://www.nrc.gov/. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Thursday, March 17, 2016 Maryland. 9:30 a.m. Meeting with the Advisory STATUS: Public and Closed. Committee on the Medical Uses of Isotopes (Public Meeting) (Contact: Week of March 7, 2016 Douglas Bollock: 301–415–6609) There are no meetings scheduled for This meeting will be webcast live at the week of March 7, 2016. the Web address—http://www.nrc.gov/.

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Week of March 21, 2016—Tentative March 2, 2016. Document Room (PDR) reference staff at Denise McGovern, 1–800–397–4209, 301–415–4737, or by There are no meetings scheduled for Policy Coordinator, Office of the Secretary. email to [email protected]. The the week of March 21, 2016. [FR Doc. 2016–04996 Filed 3–2–16; 4:15 pm] ADAMS accession number for each Week of March 28, 2016—Tentative BILLING CODE 7590–01–P document referenced (if that document is available in ADAMS) is provided the Tuesday, March 29, 2016 first time that the document is 9:30 a.m. Briefing on Project Aim NUCLEAR REGULATORY referenced. • (Public Meeting) (Contact: Janelle COMMISSION NRC’s PDR: You may examine and Jessie: 301–415–6775) purchase copies of public documents at [Docket Nos. 52–022 and 52–023; NRC– the NRC’s PDR, Room O1–F21, One This meeting will be webcast live at 2013–0261] White Flint North, 11555 Rockville the Web address—http://www.nrc.gov/. Duke Energy Progress; Combined Pike, Rockville, Maryland 20852. Wednesday, March 30, 2016 License Application for Shearon Harris FOR FURTHER INFORMATION CONTACT: Brian Hughes, Office of New Reactors, 9:30 a.m. Briefing on Security Issues Nuclear Power Plants Units 2 and 3 U.S. Nuclear Regulatory Commission, (Closed Ex. 1) AGENCY: Nuclear Regulatory Washington, DC, 20555–0001; Week of April 4, 2016—Tentative Commission. telephone: 301–415–6582; email: ACTION: Exemption; issuance. [email protected]. Tuesday, April 5, 2016 SUPPLEMENTARY INFORMATION: SUMMARY: The U.S. Nuclear Regulatory 9:30 a.m. Briefing on Threat Commission (NRC) is issuing an Environment Assessment (Closed I. Background exemption in response to an August 12, Ex. 1) On February 18, 2008, DEP, submitted 2015, letter from Duke Energy Progress to the NRC a COL application for two Week of April 11, 2016—Tentative (DEP), which requested an exemption units of Westinghouse Electric from certain regulatory requirements Company’s AP1000 advanced There are no meetings scheduled for that requires DEP to submit an update pressurized water reactors to be the week of April 11, 2016. to the Final Safety Analysis Report constructed and operated at the existing * * * * * (FSAR) included in their combined Shearon Harris Nuclear Plant (Harris) license (COL) application by December The schedule for Commission site (ADAMS) Accession No. 31, 2015. The NRC staff reviewed this meetings is subject to change on short ML080580078). The NRC docketed the request and determined that it is notice. For more information or to verify Shearon Harris Units 2 and 3 COL appropriate to grant the exemption, but the status of meetings, contact Denise application (Docket Numbers 52–022 stipulated that the update to the FSAR McGovern at 301–415–0681 or via email and 52–023) on April 23, 2008. On April must be submitted prior to, or at [email protected]. 15, 2013, (ADAMS Accession No. coincident with the resumption of the * * * * * ML13112A761) DEP submitted Revision COL application review or by December The NRC Commission Meeting 5 to the COL application including 31, 2016, whichever comes first. Schedule can be found on the Internet updates to the FSAR, per subsection at: http://www.nrc.gov/public-involve/ DATES: The exemption is effective on 50.71(e)(3)(iii) of title 10 of the Code of public-meetings/schedule.html. March 4, 2016. Federal Regulations (10 CFR). On May * * * * * ADDRESSES: Please refer to Docket ID 2, 2013 (ADAMS Accession No. NRC–2013–0261 when contacting the ML13123A344), DEP requested that the The NRC provides reasonable NRC about the availability of NRC suspend review of the Shearon accommodation to individuals with information regarding this document. Harris Nuclear Plant Units 2 and 3 COL disabilities where appropriate. If you You may access publicly-available application. On August 7, 2013 need a reasonable accommodation to information related to this action by the (ADAMS Accession No. ML13220B004), participate in these public meetings, or following methods: DEP requested an exemption from the need this meeting notice or the • Federal Rulemaking Web site: Go to 10 CFR 50.71(e)(3)(iii) requirements to transcript or other information from the http://www.regulations.gov and search submit the COL application FSAR public meetings in another format (e.g. for Docket ID NRC–2013–0261. Address update, which NRC granted through braille, large print), please notify questions about NRC dockets to Carol December 31, 2014. On August 1, 2014 Kimberly Meyer, NRC Disability Gallagher; telephone: 301–415–3463; (ADAMS Accession No. ML14216A431), Program Manager, at 301–287–0739, by email: [email protected]. For DEP requested another exemption from videophone at 240–428–3217, or by technical questions, contact the the 10 CFR 50.71(e)(3)(iii) requirements email at Kimberly.Meyer-Chambers@ individuals listed in the FOR FURTHER to submit the COL application FSAR nrc.gov. Determinations on requests for INFORMATION CONTACT section of this update by December 31, 2015. On reasonable accommodation will be document. August 12, 2015 (ADAMS Accession made on a case-by-case basis. • NRC’s Agencywide Documents No. ML15226A353), DEP requested * * * * * Access and Management System another exemption from the 10 CFR Members of the public may request to (ADAMS): You may obtain publicly- 50.71(e)(3)(iii) requirements to submit receive this information electronically. available documents online in the the COL application FSAR update by If you would like to be added to the ADAMS Public Documents collection at December 31, 2016. distribution, please contact the Nuclear http://www.nrc.gov/reading-rm/ Regulatory Commission, Office of the adams.html. To begin the search, select II. Request/Action Secretary, Washington, DC 20555 (301– ‘‘ADAMS Public Documents’’ and then Paragraph 50.71(e)(3)(iii) requires that 415–1969), or email select ‘‘Begin Web-based ADAMS an applicant for a COL under Subpart C [email protected] or Search.’’ For problems with ADAMS, of 10 CFR part 52, submit updates to [email protected]. please contact the NRC’s Public their FSAR annually during the period

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from docketing the application to the DEP to submit its FSAR on an annual No Undue Risk to Public Health and Commission making its 10 CFR basis is not necessary as the FSAR will Safety 52.103(g) finding. not be changed or updated until the The underlying purpose of 10 CFR Pursuant to 10 CFR 50.71(e)(3)(iii) the review is restarted. Requiring the 50.71(e)(3)(iii) is to provide for a timely next annual update of the FSAR updates would result in undue hardship and comprehensive update of the FSAR included in the Harris Units 2 and 3 on DEP, and the purpose of 10 CFR associated with a COL application in COL application would be due by 50.71(e)(3)(iii) would still be achieved if order to support an effective and December 31, 2014. In a letter dated the update is submitted prior to efficient review by the NRC staff and August 1, 2014 (ADAMS Accession No. restarting the review and in any event issuance of the NRC staff’s safety ML14216A431), DEP requested that the by December 31, 2016. evaluation report. The requested Harris Units 2 and 3 COL application be exempt from the 10 CFR 50.71(e)(3)(iii) The requested exemption to defer exemption is solely administrative in requirements until December 31, 2015, submittal of the next update to the nature, in that it pertains to the or prior to a request to reactivate the FSAR included in the Harris Units 2 schedule for submittal to the NRC of Harris Units 2 and 3 COL application and 3 COL application would provide revisions to an application under 10 review. only temporary relief from the CFR part 52, for which a license has not In a letter dated August 12, 2015 regulations in 10 CFR 50.71(e)(3)(iii). As been granted. In addition, since the (ADAMS Accession No. ML15226A353), evidenced by the proper submittal of review of the application has been DEP requested that the Harris Units 2 annual updates on June 23, 2009 suspended, any update to the and 3 COL application be exempt from (ADAMS Accession No. ML091810540), application submitted by DEP will not be reviewed by the NRC at this time. the 10 CFR 50.71(e)(3)(iii) requirements April 12, 2010 (ADAMS Accession No. Plant construction cannot proceed until until December 31, 2016, or prior to a ML101120592), April 14, 2011 (ADAMS the NRC’s review of the application is request to reactivate the Harris Units 2 Accession No. ML111170902), April 12, and 3 COL application review. The completed, a mandatory hearing is 2012 (ADAMS Accession No. completed, and a license is issued. exemption would allow DEP to submit ML12122A656) and April 15, 2013 the next FSAR update at a later date, but Additionally, based on the nature of the (ADAMS Accession No. ML13112A761), requested exemption as described still in advance of NRC’s reinstating its DEP has made good faith efforts to review of the application and in any above, no new accident precursors are comply with 10 CFR 50.71(e)(3)(iii) event, by December 31, 2016. The created by the exemption; thus neither prior to requesting suspension of the current requirement to submit an FSAR the probability, nor the consequences of update could not be changed, absent the review. In its subsequent requests dated postulated accidents are increased. exemption. August 1, 2014, and August 12, 2015 Therefore, there is no undue risk to DEP asked the NRC to grant exemption public health and safety. III. Discussion from 10 CFR 50.71(e)(3)(iii) until Consistent With Common Defense and Pursuant to 10 CFR 50.12 the December 31, 2016, or prior to any Security Commission may, upon application by request to reactivate Harris Units 2 and any interested person or upon its own 3 COL application review. For the The requested exemption would initiative, grant exemptions from the reasons stated above, the application of allow DEP to submit the next FSAR requirements of 10 CFR part 50, 10 CFR 50.71(e)(3)(iii) in this particular update prior to requesting the NRC to including 10 CFR 50.71(e)(3)(iii) when: circumstance can be deemed resume the review and, in any event, on (1) The exemption(s) are authorized by unnecessary and the granting of the or before December 31, 2015. This law, will not present an undue risk to exemption would allow only temporary schedule change has no relation to public health or safety, and are relief from a rule that the applicant had security issues. Therefore, the common consistent with the common defense made good faith efforts to comply with, defense and security is not impacted. and security; and (2) special therefore special circumstances are Special Circumstances circumstances are present. As relevant present. to the requested exemption, special Special circumstances, in accordance circumstances exist if: ‘‘[a]pplication of Authorized by Law with 10 CFR 50.12(a)(2)(ii) are present the regulation in the particular whenever: (1) Application of the The exemption is a schedule circumstances would not serve the regulation in the particular exemption from the requirements of 10 underlying purpose of the rule or is not circumstances would not serve the necessary to achieve the underlying CFR 50.71(e)(3)(iii). The exemption underlying purpose of the rule or is not purpose of the rule’’ (10 CFR would allow DEP to submit the next necessary to achieve the underlying 50.12(a)(2)(ii)) and if ‘‘[t]he exemption Harris Units 2 and 3 COL application purpose of the rule’’ (10 CFR would provide only temporary relief FSAR update on or before December 31, 50.12(a)(2)(ii)). The underlying purpose from the applicable regulation and the 2016, in lieu of the required scheduled of 10 CFR 50.71(e)(3)(iii) is to ensure licensee or applicant has made good submittal in December 31, 2015. As that the NRC has the most up-to date faith efforts to comply with the stated above, 10 CFR 50.12 allows the information in order to perform its regulation’’ (10 CFR 50.12(a)(2)(v)). NRC to grant exemptions from the review of a COL application efficiently The purpose of 10 CFR 50.71(e)(3)(iii) requirements of 10 CFR part 50. The and effectively. Because the requirement is to ensure that the NRC has the most NRC staff has determined that granting to annually update the FSAR was up to date information regarding the DEP the requested exemption from the intended for active reviews and the COL application, in order to perform an requirements of 10 CFR 50.71(e)(3)(iii) Shearon Harris Units 2 and 3 COL efficient and effective review. The rule will provide only temporary relief from application review is now suspended, targeted those applications that are this regulation and will not result in a the application of this regulation in this being actively reviewed by the NRC. violation of the Atomic Energy Act of particular circumstance is unnecessary Because DEP requested the NRC 1954, as amended, or the NRC’s in order to achieve its underlying suspend its review of the Harris Units regulations. Therefore, the exemption is purpose. If the NRC were to grant this 2 and 3 COL application, compelling authorized by law. exemption, and DEP were then required

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to update its FSAR by December 31, The proposed action involves only a significant effect on the quality of the 2016, or prior to any request to restart schedule change which is human environment. of their review, the purpose of the rule administrative in nature, and does not This exemption is effective upon would still be achieved. involve any changes to be made in the issuance. Special circumstances in accordance types or significant increase in the Dated at Rockville, Maryland, this 26th day with 10 CFR 50.12(a)(2)(v) are present amounts of effluents that may be of February 2016. whenever the exemption would provide released offsite. For The Nuclear Regulatory Commission. only temporary relief from the (iii) There is no significant increase in Francis M. Akstulewicz, individual or cumulative public or regulation and the applicant has made Director, Division of New Reactor Licensing, good faith efforts to comply with this occupational radiation exposure; Office of New Reactors. regulation. Because of the assumed and Since the proposed action involves [FR Doc. 2016–04852 Filed 3–3–16; 8:45 am] imposed new deadline of December 31, only a schedule change which is BILLING CODE 7590–01–P 2016, DEP’s exemption request seeks administrative in nature, it does not only temporary relief from the contribute to any significant increase in requirement that it file an update to the occupational or public radiation FSAR included in the Shearon Harris exposure. POSTAL REGULATORY COMMISSION Units 2 and 3 COL application. (iv) There is no significant [Docket Nos. MC2016–83 and CP2016–108; Additionally DEP submitted the construction impact; Order No. 3117] required annual updates to its FSAR The proposed action involves only a throughout the application process until schedule change which is New Postal Product administrative in nature; the application asking for suspension of its review. AGENCY: review is suspended until further Postal Regulatory Commission. Therefore, since the relief from the ACTION: Notice. requirements of 10 CFR 50.71(e)(3)(iii) notice, and there is no consideration of would be temporary and the applicant any construction at this time, and hence SUMMARY: The Commission is noticing a has made good faith efforts to comply the proposed action does not involve recent Postal Service filing concerning with the rule, and the underlying any construction impact. the addition of Priority Mail Contract (v) There is no significant increase in purpose of the rule is not served by 189 negotiated service agreement to the the potential for or consequences from application of the rule in this competitive product list. This notice radiological accidents; and circumstance, the special circumstances informs the public of the filing, invites The proposed action involves only a required by 10 CFR 50.12(a)(2)(ii) and public comment, and takes other schedule change which is 50.12(a)(2)(v) for the granting of an administrative steps. administrative in nature, and does not exemption from 10 CFR 50.71(e)(3)(iii) DATES: Comments are due: March 7, exist. impact the probability or consequences of accidents. 2016. Eligibility for Categorical Exclusion (vi) The requirements from which an ADDRESSES: Submit comments From Environmental Review exemption is sought involve: electronically via the Commission’s (B) Reporting requirements; With respect to the exemption’s Filing Online system at http:// The exemption request involves impact on the quality of the human www.prc.gov. Those who cannot submit submitting an updated FSAR by DEP environment, the NRC has determined comments electronically should contact and that this specific exemption request is the person identified in the FOR FURTHER (G) Scheduling requirements; INFORMATION CONTACT section by eligible for categorical exclusion as The proposed exemption relates to the identified in 10 CFR 51.22(c)(25) telephone for advice on filing schedule for submitting FSAR updates alternatives. provided that: to the NRC. (i) There is no significant hazards FOR FURTHER INFORMATION CONTACT: consideration; IV. Conclusion David A. Trissell, General Counsel, at The criteria for determining whether Accordingly, the Commission has 202–789–6820. there is no significant hazards determined that, pursuant to 10 CFR SUPPLEMENTARY INFORMATION: consideration are found in 10 CFR 50.12(a), the exemption is authorized by Table of Contents 50.92. The proposed action involves law, will not present an undue risk to only a schedule change regarding the the public health and safety, and is I. Introduction submission of an update to the consistent with the common defense II. Notice of Commission Action application for which the licensing and security. Also special circumstances III. Ordering Paragraphs review has been suspended. Therefore, are present. Therefore, the Commission I. Introduction there is no significant hazards hereby grants DEP a one-time exemption consideration because granting the from the requirements of 10 CFR In accordance with 39 U.S.C. 3642 proposed exemption would not: 50.71(e)(3)(iii) pertaining to the Shearon and 39 CFR 3020.30–.35, the Postal (1) Involve a significant increase in Harris Nuclear Power Plant Units 2 and Service filed a formal request and the probability or consequences of an 3 COL application to allow submittal of associated supporting information to accident previously evaluated; or the next FSAR update prior to any add Priority Mail Contract 189 to the (2) Create the possibility of a new or request to the NRC to resume the competitive product list.1 different kind of accident from any review, and in any event no later than The Postal Service accident previously evaluated; or December 31, 2016. contemporaneously filed a redacted (3) Involve a significant reduction in Pursuant to 10 CFR 51.22, the contract related to the proposed new a margin of safety. Commission has determined that the (ii) There is no significant change in exemption request meets the applicable 1 Request of the United States Postal Service to categorical exclusion criteria set forth in Add Priority Mail Contract 189 to Competitive the types or significant increase in the Product List and Notice of Filing (Under Seal) of amounts of any effluents that may be 10 CFR 51.22(c)(25), and the granting of Unredacted Governors’ Decision, Contract, and released offsite; this exemption will not have a Supporting Data, February 26, 2016 (Request).

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product under 39 U.S.C. 3632(b)(3) and SUMMARY: The Commission is noticing a with the policies of 39 U.S.C. 3632, 39 CFR 3015.5. Request, Attachment B. recent Postal Service filing concerning 3633, or 3642, 39 CFR part 3015, and 39 To support its Request, the Postal the addition of Priority Mail Contract CFR part 3020, subpart B. Comments are Service filed a copy of the contract, a 191 negotiated service agreement to the due no later than March 7, 2016. The copy of the Governors’ Decision competitive product list. This notice public portions of these filings can be authorizing the product, proposed informs the public of the filing, invites accessed via the Commission’s Web site changes to the Mail Classification public comment, and takes other (http://www.prc.gov). Schedule, a Statement of Supporting administrative steps. The Commission appoints Lyudmila Justification, a certification of DATES: Comments are due: March 7, Y. Bzhilyanskaya to serve as Public compliance with 39 U.S.C. 3633(a), and 2016. Representative in these dockets. an application for non-public treatment ADDRESSES: Submit comments III. Ordering Paragraphs of certain materials. It also filed electronically via the Commission’s It is ordered: supporting financial workpapers. Filing Online system at http:// 1. The Commission establishes Docket www.prc.gov. Those who cannot submit II. Notice of Commission Action Nos. MC2016–85 and CP2016–110 to comments electronically should contact The Commission establishes Docket consider the matters raised in each the person identified in the FOR FURTHER Nos. MC2016–83 and CP2016–108 to docket. INFORMATION CONTACT section by consider the Request pertaining to the 2. Pursuant to 39 U.S.C. 505, telephone for advice on filing proposed Priority Mail Contract 189 Lyudmila Y. Bzhilyanskaya is appointed alternatives. product and the related contract, to serve as an officer of the Commission respectively. FOR FURTHER INFORMATION CONTACT: to represent the interests of the general The Commission invites comments on David A. Trissell, General Counsel, at public in these proceedings (Public whether the Postal Service’s filings in 202–789–6820. Representative). the captioned dockets are consistent SUPPLEMENTARY INFORMATION: 3. Comments are due no later than with the policies of 39 U.S.C. 3632, March 7, 2016. Table of Contents 3633, or 3642, 39 CFR part 3015, and 39 4. The Secretary shall arrange for CFR part 3020, subpart B. Comments are I. Introduction publication of this order in the Federal due no later than March 7, 2016. The II. Notice of Commission Action Register. III. Ordering Paragraphs public portions of these filings can be By the Commission. accessed via the Commission’s Web site I. Introduction Stacy L. Ruble, (http://www.prc.gov). In accordance with 39 U.S.C. 3642 Secretary. The Commission appoints Lawrence and 39 CFR 3020.30–.35, the Postal Fenster to serve as Public [FR Doc. 2016–04690 Filed 3–3–16; 8:45 am] Service filed a formal request and Representative in these dockets. BILLING CODE 7710–FW–P associated supporting information to III. Ordering Paragraphs add Priority Mail Contract 191 to the 1 It is ordered: competitive product list. POSTAL REGULATORY COMMISSION 1. The Commission establishes Docket The Postal Service contemporaneously filed a redacted [Docket Nos. MC2016–88 and CP2016–113; Nos. MC2016–83 and CP2016–108 to Order No. 3115] consider the matters raised in each contract related to the proposed new docket. product under 39 U.S.C. 3632(b)(3) and New Postal Product 2. Pursuant to 39 U.S.C. 505, 39 CFR 3015.5. Request, Attachment B. To support its Request, the Postal AGENCY: Postal Regulatory Commission. Lawrence Fenster is appointed to serve Service filed a copy of the contract, a as an officer of the Commission to ACTION: Notice. copy of the Governors’ Decision represent the interests of the general authorizing the product, proposed SUMMARY: The Commission is noticing a public in these proceedings (Public changes to the Mail Classification recent Postal Service filing concerning Representative). Schedule, a Statement of Supporting the addition of Priority Mail & First- 3. Comments are due no later than Justification, a certification of Class Package Service Contract 14 March 7, 2016. compliance with 39 U.S.C. 3633(a), and negotiated service agreement to the 4. The Secretary shall arrange for an application for non-public treatment competitive product list. This notice publication of this order in the Federal of certain materials. It also filed informs the public of the filing, invites Register. supporting financial workpapers. public comment, and takes other By the Commission. administrative steps. II. Notice of Commission Action Stacy L. Ruble, DATES: Comments are due: March 7, Secretary. The Commission establishes Docket 2016. Nos. MC2016–85 and CP2016–110 to [FR Doc. 2016–04726 Filed 3–3–16; 8:45 am] ADDRESSES: Submit comments BILLING CODE 7710–FW–P consider the Request pertaining to the proposed Priority Mail Contract 191 electronically via the Commission’s product and the related contract, Filing Online system at http:// www.prc.gov. Those who cannot submit POSTAL REGULATORY COMMISSION respectively. The Commission invites comments on comments electronically should contact [Docket Nos. MC2016–85 and CP2016–110; whether the Postal Service’s filings in the person identified in the FOR FURTHER Order No. 3108] the captioned dockets are consistent INFORMATION CONTACT section by telephone for advice on filing New Postal Product 1 Request of the United States Postal Service to alternatives. Add Priority Mail Contract 191 to Competitive FOR FURTHER INFORMATION CONTACT: AGENCY: Postal Regulatory Commission. Product List and Notice of Filing (Under Seal) of David A. Trissell, General Counsel, at ACTION: Notice. Unredacted Governors’ Decision, Contract, and Supporting Data, February 26, 2016 (Request). 202–789–6820.

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SUPPLEMENTARY INFORMATION: these proceedings (Public compliance with 39 U.S.C. 3633(a), as Representative). required by 39 CFR 3015.5. Table of Contents 3. Comments are due no later than The Postal Service also filed the I. Introduction March 7, 2016. unredacted Modification and supporting II. Notice of Commission Action 4. The Secretary shall arrange for III. Ordering Paragraphs financial information under seal. The publication of this order in the Federal Postal Service seeks to incorporate by I. Introduction Register. reference the Application for Non- In accordance with 39 U.S.C. 3642 By the Commission. Public Treatment originally filed in this and 39 CFR 3020.30–.35, the Postal Stacy L. Ruble, docket for the protection of information Service filed a formal request and Secretary. that it has filed under seal. Notice at 1– 2. associated supporting information to [FR Doc. 2016–04725 Filed 3–3–16; 8:45 am] add Priority Mail & First-Class Package BILLING CODE 7710–FW–P The Modification revises the mailer’s Service Contract 14 to the competitive contact information in various articles product list.1 in the agreement, allows use of Priority The Postal Service POSTAL REGULATORY COMMISSION Mail Express International service, and contemporaneously filed a redacted amends Annex 1 of the agreement. Id. contract related to the proposed new [Docket No. CP2015–62; Order No. 3113] at 1. product under 39 U.S.C. 3632(b)(3) and The Postal Service intends to notify 39 CFR 3015.5. Request, Attachment B. New Postal Product the mailer of the effective date within 30 To support its Request, the Postal days of receiving approval of the AGENCY: Postal Regulatory Commission. Service filed a copy of the contract, a modification from the Commission. Id. copy of the Governors’ Decision ACTION: Notice. Attachment 1 at 2. The Postal Service authorizing the product, proposed certifies that the Modification complies changes to the Mail Classification SUMMARY: The Commission is noticing a with 39 U.S.C. 3633. Notice, Attachment Schedule, a Statement of Supporting recent Postal Service filing concerning 2. Justification, a certification of an amendment to an existing Global compliance with 39 U.S.C. 3633(a), and Expedited Package Services 3 negotiated II. Notice of Filings an application for non-public treatment service agreement. This notice informs of certain materials. It also filed the public of the filing, invites public The Commission invites comments on supporting financial workpapers. comment, and takes other whether the changes presented in the administrative steps. Postal Service’s Notice are consistent II. Notice of Commission Action with the policies of 39 U.S.C. 3632, DATES: Comments are due: March 7, The Commission establishes Docket 3633, or 3642, 39 CFR 3015.5, and 39 2016. Nos. MC2016–88 and CP2016–113 to CFR part 3020, subpart B. Comments are consider the Request pertaining to the ADDRESSES: Submit comments due no later than March 7, 2016. The proposed Priority Mail & First-Class electronically via the Commission’s public portions of these filings can be Package Service Contract 14 product Filing Online system at http:// accessed via the Commission’s Web site and the related contract, respectively. www.prc.gov. Those who cannot submit (http://www.prc.gov). The Commission invites comments on comments electronically should contact The Commission appoints Kenneth R. whether the Postal Service’s filings in the person identified in the FOR FURTHER Moeller to represent the interests of the the captioned dockets are consistent INFORMATION CONTACT section by general public (Public Representative) with the policies of 39 U.S.C. 3632, telephone for advice on filing in this docket. 3633, or 3642, 39 CFR part 3015, and 39 alternatives. CFR part 3020, subpart B. Comments are III. Ordering Paragraphs FOR FURTHER INFORMATION CONTACT: due no later than March 7, 2016. The David A. Trissell, General Counsel, at It is ordered: public portions of these filings can be 202–789–6820. accessed via the Commission’s Web site 1. The Commission reopens Docket (http://www.prc.gov). SUPPLEMENTARY INFORMATION: No. CP2015–62 for consideration of matters raised by the Postal Service’s The Commission appoints Kenneth R. Table of Contents Moeller to serve as Public Notice. Representative in these dockets. I. Introduction 2. Pursuant to 39 U.S.C. 505, the II. Notice of Filings III. Ordering Paragraphs III. Ordering Paragraphs Commission appoints Kenneth R. Moeller to serve as an officer of the It is ordered: I. Introduction Commission (Public Representative) to 1. The Commission establishes Docket On February 26, 2016, the Postal represent the interests of the general Nos. MC2016–88 and CP2016–113 to public in this proceeding. consider the matters raised in each Service filed notice that it has agreed to docket. a modification to the existing Global 3. Comments are due no later than 2. Pursuant to 39 U.S.C. 505, Kenneth Expedited Package Services 3 negotiated March 7, 2016. R. Moeller is appointed to serve as an service agreement approved in this 4. The Secretary shall arrange for 1 officer of the Commission to represent docket. In support of its Notice, the publication of this order in the Federal the interests of the general public in Postal Service includes a redacted copy Register. of the Modification and a certification of By the Commission. 1 Request of the United States Postal Service to Add Priority Mail & First-Class Package Service 1 Notice of the United States Postal Service of Stacy L. Ruble, Contract 14 to Competitive Product List and Notice Filing Modification to Global Expedited Package Secretary. of Filing (Under Seal) of Unredacted Governors’ Services 3 Negotiated Service Agreement, February [FR Doc. 2016–04723 Filed 3–3–16; 8:45 am] Decision, Contract, and Supporting Data, February 26, 2016 (Notice). The modification is an 26, 2016 (Request). attachment to the Notice (Modification). BILLING CODE 7710–FW–P

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POSTAL REGULATORY COMMISSION II. Notice of Commission Action comments electronically should contact The Commission establishes Docket the person identified in the FOR FURTHER [Docket Nos. MC2016–87 and CP2016–112; Nos. MC2016–87 and CP2016–112 to INFORMATION CONTACT section by Order No. 3107] consider the Request pertaining to the telephone for advice on filing alternatives. New Postal Product proposed Priority Mail Express Contract 33 product and the related contract, FOR FURTHER INFORMATION CONTACT: AGENCY: Postal Regulatory Commission. respectively. David A. Trissell, General Counsel, at ACTION: Notice. The Commission invites comments on 202–789–6820. whether the Postal Service’s filings in SUPPLEMENTARY INFORMATION: SUMMARY: The Commission is noticing a the captioned dockets are consistent Table of Contents recent Postal Service filing concerning with the policies of 39 U.S.C. 3632, the addition of Priority Mail Express 3633, or 3642, 39 CFR part 3015, and 39 I. Introduction Contract 33 negotiated service CFR part 3020, subpart B. Comments are II. Notice of Filings agreement to the competitive product due no later than March 7, 2016. The III. Ordering Paragraphs list. This notice informs the public of public portions of these filings can be I. Introduction the filing, invites public comment, and accessed via the Commission’s Web site On February 26, 2016, the Postal takes other administrative steps. (http://www.prc.gov). Service filed notice that it has agreed to DATES: Comments are due: March 7, The Commission appoints Katalin K. a modification to the existing Global 2016. Clendenin to serve as Public Expedited Package Services 3 negotiated Representative in these dockets. ADDRESSES: Submit comments service agreement approved in this electronically via the Commission’s III. Ordering Paragraphs docket.1 In support of its Notice, the Filing Online system at http:// Postal Service includes a redacted copy It is ordered: of the Modification and a certification of www.prc.gov. Those who cannot submit 1. The Commission establishes Docket comments electronically should contact compliance with 39 U.S.C. 3633(a), as Nos. MC2016–87 and CP2016–112 to required by 39 CFR 3015.5. the person identified in the FOR FURTHER consider the matters raised in each INFORMATION CONTACT section by The Postal Service also filed the docket. unredacted Modification and supporting telephone for advice on filing 2. Pursuant to 39 U.S.C. 505, Katalin alternatives. financial information under seal. The K. Clendenin is appointed to serve as an Postal Service seeks to incorporate by FOR FURTHER INFORMATION CONTACT: officer of the Commission to represent reference the Application for Non- David A. Trissell, General Counsel, at the interests of the general public in Public Treatment originally filed in this 202–789–6820. these proceedings (Public docket for the protection of information SUPPLEMENTARY INFORMATION: Representative). that it has filed under seal. Notice at 1– 3. Comments are due no later than 2. Table of Contents March 7, 2016. The Modification revises several I. Introduction 4. The Secretary shall arrange for articles in the agreement to change the II. Notice of Commission Action publication of this order in the Federal mailer’s minimum commitment, allows III. Ordering Paragraphs Register. use of Priority Mail Express I. Introduction By the Commission. International service, and amends Stacy L. Ruble, Annex 1 of the agreement. Id. at 1. In accordance with 39 U.S.C. 3642 The Postal Service intends to notify Secretary. and 39 CFR 3020.30–.35, the Postal the mailer of the effective date of the Service filed a formal request and [FR Doc. 2016–04689 Filed 3–3–16; 8:45 am] agreement within 30 days of receiving associated supporting information to BILLING CODE 7710–FW–P approval of the Modification from the add Priority Mail Express Contract 33 to Commission. Id. Attachment 1 at 2. The the competitive product list.1 Postal Service asserts that the POSTAL REGULATORY COMMISSION The Postal Service Modification will not impair the ability contemporaneously filed a redacted [Docket No. CP2016–53; Order No. 3118] of the contract to comply with 39 U.S.C. contract related to the proposed new 3633. Notice, Attachment 2 at 1. product under 39 U.S.C. 3632(b)(3) and New Postal Product 39 CFR 3015.5. Request, Attachment B. II. Notice of Filings AGENCY: Postal Regulatory Commission. To support its Request, the Postal The Commission invites comments on Service filed a copy of the contract, a ACTION: Notice. whether the changes presented in the copy of the Governors’ Decision Postal Service’s Notice are consistent SUMMARY: The Commission is noticing a authorizing the product, proposed with the policies of 39 U.S.C. 3632, recent Postal Service filing concerning changes to the Mail Classification 3633, or 3642, 39 CFR 3015.5, and 39 an amendment to an existing Global Schedule, a Statement of Supporting CFR part 3020, subpart B. Comments are Expedited Package Services 3 negotiated Justification, a certification of due no later than March 7, 2016. The service agreement. This notice informs compliance with 39 U.S.C. 3633(a), and public portions of these filings can be the public of the filing, invites public an application for non-public treatment accessed via the Commission’s Web site comment, and takes other of certain materials. It also filed (http://www.prc.gov). administrative steps. supporting financial workpapers. The Commission appoints Kenneth R. DATES: Comments are due: March 7, Moeller to represent the interests of the 1 Request of the United States Postal Service to 2016. Add Priority Mail Express Contract 33 to ADDRESSES: Submit comments 1 Notice of the United States Postal Service of Competitive Product List and Notice of Filing Filing Modification to Global Expedited Package (Under Seal) of Unredacted Governors’ Decision, electronically via the Commission’s Services 3 Contract, February 26, 2016 (Notice). The Contract, and Supporting Data, February 26, 2016 Filing Online system at http:// modification is an attachment to the Notice (Request). www.prc.gov. Those who cannot submit (Modification).

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general public (Public Representative) Service filed a formal request and POSTAL REGULATORY COMMISSION in this docket. associated supporting information to [Docket Nos. MC2016–84 and CP2016–109; add Priority Mail Contract 192 to the III. Ordering Paragraphs Order No. 3106] competitive product list.1 It is ordered: The Postal Service New Postal Product 1. The Commission reopens Docket contemporaneously filed a redacted No. CP2016–53 for consideration of contract related to the proposed new AGENCY: Postal Regulatory Commission. matters raised by the Postal Service’s product under 39 U.S.C. 3632(b)(3) and ACTION: Notice. Notice. 39 CFR 3015.5. Request, Attachment B. 2. Pursuant to 39 U.S.C. 505, the To support its Request, the Postal SUMMARY: The Commission is noticing a Commission appoints Kenneth R. Service filed a copy of the contract, a recent Postal Service filing concerning Moeller to serve as an officer of the copy of the Governors’ Decision the addition of Priority Mail Contract Commission (Public Representative) to authorizing the product, proposed 190 negotiated service agreement to the represent the interests of the general changes to the Mail Classification competitive product list. This notice public in this proceeding. Schedule, a Statement of Supporting informs the public of the filing, invites 3. Comments are due no later than Justification, a certification of public comment, and takes other March 7, 2016. compliance with 39 U.S.C. 3633(a), and administrative steps. 4. The Secretary shall arrange for an application for non-public treatment DATES: Comments are due: March 7, publication of this order in the Federal of certain materials. It also filed 2016. Register. supporting financial workpapers. ADDRESSES: Submit comments By the Commission. II. Notice of Commission Action electronically via the Commission’s Stacy L. Ruble, The Commission establishes Docket Filing Online system at http:// Secretary. Nos. MC2016–86 and CP2016–111 to www.prc.gov. Those who cannot submit [FR Doc. 2016–04727 Filed 3–3–16; 8:45 am] consider the Request pertaining to the comments electronically should contact BILLING CODE 7710–FW–P proposed Priority Mail Contract 192 the person identified in the FOR FURTHER product and the related contract, INFORMATION CONTACT section by respectively. telephone for advice on filing POSTAL REGULATORY COMMISSION The Commission invites comments on alternatives. [Docket Nos. MC2016–86 and CP2016–111; whether the Postal Service’s filings in FOR FURTHER INFORMATION CONTACT: Order No. 3114] the captioned dockets are consistent David A. Trissell, General Counsel, at with the policies of 39 U.S.C. 3632, 202–789–6820. New Postal Product 3633, or 3642, 39 CFR part 3015, and 39 SUPPLEMENTARY INFORMATION: CFR part 3020, subpart B. Comments are AGENCY: Postal Regulatory Commission. due no later than March 7, 2016. The Table of Contents ACTION: Notice. public portions of these filings can be I. Introduction SUMMARY: The Commission is noticing a accessed via the Commission’s Web site II. Notice of Commission Action recent Postal Service filing concerning (http://www.prc.gov). III. Ordering Paragraphs The Commission appoints Jennaca D. the addition of Priority Mail Contract Upperman to serve as Public I. Introduction 192 negotiated service agreement to the Representative in these dockets. competitive product list. This notice In accordance with 39 U.S.C. 3642 informs the public of the filing, invites III. Ordering Paragraphs and 39 CFR 3020.30–.35, the Postal Service filed a formal request and public comment, and takes other It is ordered: administrative steps. associated supporting information to 1. The Commission establishes Docket add Priority Mail Contract 190 to the DATES: Comments are due: March 7, Nos. MC2016–86 and CP2016–111 to competitive product list.1 2016. consider the matters raised in each The Postal Service ADDRESSES: Submit comments docket. contemporaneously filed a redacted electronically via the Commission’s 2. Pursuant to 39 U.S.C. 505, Jennaca contract related to the proposed new Filing Online system at http:// D. Upperman is appointed to serve as an product under 39 U.S.C. 3632(b)(3) and officer of the Commission to represent www.prc.gov. Those who cannot submit 39 CFR 3015.5. comments electronically should contact the interests of the general public in these proceedings (Public Request, Attachment B the person identified in the FOR FURTHER Representative). INFORMATION CONTACT section by To support its Request, the Postal 3. Comments are due no later than telephone for advice on filing Service filed a copy of the contract, a March 7, 2016. copy of the Governors’ Decision alternatives. 4. The Secretary shall arrange for authorizing the product, proposed FOR FURTHER INFORMATION CONTACT: publication of this order in the Federal changes to the Mail Classification David A. Trissell, General Counsel, at Register. Schedule, a Statement of Supporting 202–789–6820. By the Commission. Justification, a certification of SUPPLEMENTARY INFORMATION: Stacy L. Ruble, compliance with 39 U.S.C. 3633(a), and Table of Contents Secretary. an application for non-public treatment [FR Doc. 2016–04724 Filed 3–3–16; 8:45 am] of certain materials. It also filed I. Introduction II. Notice of Commission Action BILLING CODE 7710–FW–P supporting financial workpapers. III. Ordering Paragraphs 1 Request of the United States Postal Service to 1 Request of the United States Postal Service to I. Introduction Add Priority Mail Contract 192 to Competitive Add Priority Mail Contract 190 to Competitive Product List and Notice of Filing (Under Seal) of Product List and Notice of Filing (Under Seal) of In accordance with 39 U.S.C. 3642 Unredacted Governors’ Decision, Contract, and Unredacted Governors’ Decision, Contract, and and 39 CFR 3020.30–.35, the Postal Supporting Data, February 26, 2016 (Request). Supporting Data, February 26, 2016 (Request).

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II. Notice of Commission Action Commission a Request of the United 3642 and 3632(b)(3), on February 26, The Commission establishes Docket States Postal Service to Add Priority 2016, it filed with the Postal Regulatory Nos. MC2016–84 and CP2016–109 to Mail Contract 190 to Competitive Commission a Request of the United consider the Request pertaining to the Product List. Documents are available at States Postal Service to Add Priority proposed Priority Mail Contract 190 www.prc.gov, Docket Nos. MC2016–84, Mail Contract 192 to Competitive product and the related contract, CP2016–109. Product List. Documents are available at www.prc.gov, Docket Nos. MC2016–86, respectively. Stanley F. Mires, CP2016–111. The Commission invites comments on Attorney, Federal Compliance. whether the Postal Service’s filings in [FR Doc. 2016–04780 Filed 3–3–16; 8:45 am] Stanley F. Mires, the captioned dockets are consistent Attorney, Federal Compliance. with the policies of 39 U.S.C. 3632, BILLING CODE 7710–12–P [FR Doc. 2016–04782 Filed 3–3–16; 8:45 am] 3633, or 3642, 39 CFR part 3015, and 39 BILLING CODE 7710–12–P CFR part 3020, subpart B. Comments are POSTAL SERVICE due no later than March 7, 2016. The public portions of these filings can be Product Change—Priority Mail POSTAL SERVICE accessed via the Commission’s Web site Negotiated Service Agreement (http://www.prc.gov). Product Change—Priority Mail AGENCY: TM The Commission appoints Lyudmila Postal Service . Negotiated Service Agreement Y. Bzhilyanskaya to serve as Public ACTION: Notice. Representative in these dockets. AGENCY: Postal ServiceTM. SUMMARY: The Postal Service gives ACTION: Notice. III. Ordering Paragraphs notice of filing a request with the Postal It is ordered: Regulatory Commission to add a SUMMARY: The Postal Service gives 1. The Commission establishes Docket domestic shipping services contract to notice of filing a request with the Postal Nos. MC2016–84 and CP2016–109 to the list of Negotiated Service Regulatory Commission to add a consider the matters raised in each Agreements in the Mail Classification domestic shipping services contract to docket. Schedule’s Competitive Products List. the list of Negotiated Service 2. Pursuant to 39 U.S.C. 505, DATES: Effective date: March 4, 2016. Agreements in the Mail Classification Lyudmila Y. Bzhilyanskaya is appointed FOR FURTHER INFORMATION CONTACT: Schedule’s Competitive Products List. to serve as an officer of the Commission Elizabeth A. Reed, 202–268–3179. DATES: Effective date: March 4, 2016. to represent the interests of the general SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: public in these proceedings (Public United States Postal Service® hereby Elizabeth A. Reed, 202–268–3179. Representative). gives notice that, pursuant to 39 U.S.C. SUPPLEMENTARY INFORMATION: The 3. Comments are due no later than 3642 and 3632(b)(3), on February 26, United States Postal Service® hereby March 7, 2016. 2016, it filed with the Postal Regulatory gives notice that, pursuant to 39 U.S.C. 4. The Secretary shall arrange for Commission a Request of the United 3642 and 3632(b)(3), on February 26, publication of this order in the Federal States Postal Service to Add Priority 2016, it filed with the Postal Regulatory Register. Mail Contract 189 to Competitive Commission a Request of the United By the Commission. Product List. Documents are available at States Postal Service to Add Priority Stacy L. Ruble, www.prc.gov, Docket Nos. MC2016–83, Mail Contract 191 to Competitive Secretary. CP2016–108. Product List. Documents are available at www.prc.gov, Docket Nos. MC2016–85, [FR Doc. 2016–04688 Filed 3–3–16; 8:45 am] Stanley F. Mires, CP2016–110. BILLING CODE 7710–FW–P Attorney, Federal Compliance. [FR Doc. 2016–04779 Filed 3–3–16; 8:45 am] Stanley F. Mires, BILLING CODE 7710–12–P Attorney, Federal Compliance. POSTAL SERVICE [FR Doc. 2016–04781 Filed 3–3–16; 8:45 am] BILLING CODE 7710–12–P Product Change—Priority Mail POSTAL SERVICE Negotiated Service Agreement Product Change—Priority Mail AGENCY: Postal ServiceTM. POSTAL SERVICE Negotiated Service Agreement ACTION: Notice. Product Change—Priority Mail and AGENCY: Postal ServiceTM. SUMMARY: First-Class Package Service The Postal Service gives ACTION: Notice. notice of filing a request with the Postal Negotiated Service Agreement Regulatory Commission to add a SUMMARY: The Postal Service gives AGENCY: Postal ServiceTM. domestic shipping services contract to notice of filing a request with the Postal ACTION: Notice. the list of Negotiated Service Regulatory Commission to add a Agreements in the Mail Classification domestic shipping services contract to SUMMARY: The Postal Service gives Schedule’s Competitive Products List. the list of Negotiated Service notice of filing a request with the Postal DATES: Effective date: March 4, 2016. Agreements in the Mail Classification Regulatory Commission to add a FOR FURTHER INFORMATION CONTACT: Schedule’s Competitive Products List. domestic shipping services contract to Elizabeth A. Reed, 202–268–3179. DATES: Effective date: March 4, 2016. the list of Negotiated Service SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: Agreements in the Mail Classification United States Postal Service® hereby Elizabeth A. Reed, 202–268–3179. Schedule’s Competitive Products List. gives notice that, pursuant to 39 U.S.C. SUPPLEMENTARY INFORMATION: The DATES: Effective date: March 4, 2016. 3642 and 3632(b)(3), on February 26, United States Postal Service® hereby FOR FURTHER INFORMATION CONTACT: 2016, it filed with the Postal Regulatory gives notice that, pursuant to 39 U.S.C. Elizabeth A. Reed, 202–268–3179.

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SUPPLEMENTARY INFORMATION: The of 1934 (‘‘Act’’) 1 and Rule 19b–4 subscribe to the service. FIX Drop Copy United States Postal Service® hereby thereunder,2 notice is hereby given that Port users are those users who are gives notice that, pursuant to 39 U.S.C. on February 26, 2016, Miami designated by an Electronic Exchange 3642 and 3632(b)(3), on February 26, International Securities Exchange LLC Member (‘‘EEM’’) 4 to receive the 2016, it filed with the Postal Regulatory (‘‘MIAX’’ or ‘‘Exchange’’) filed with the information and the information is Commission a Request of the United Securities and Exchange Commission restricted for use by the EEM only. The States Postal Service to Add Priority (‘‘Commission’’) a proposed rule change Exchange assesses a monthly per port Mail & First-Class Package Service as described in Items I and II, which fee to users of the FIX Drop Copy Ports. Contract 14 to Competitive Product List. Items have been prepared by the The FIX Drop Copy Port currently Documents are available at Exchange. The Commission is provides the user with a copy of real- www.prc.gov, Docket Nos. MC2016–88, publishing this notice to solicit time trade execution updates. The CP2016–113. comments on the proposed rule change updates contain a copy of trade from interested persons. execution messages on a low latency, Stanley F. Mires, real-time basis. A FIX Drop Copy Port Attorney, Federal Compliance. I. Self-Regulatory Organization’s can be configured to monitor any [FR Doc. 2016–04784 Filed 3–3–16; 8:45 am] Statement of the Terms of Substance of number of FIX Ports used by that EEM the Proposed Rule Change BILLING CODE 7710–12–P and a FIX Port user can have any The Exchange is filing a proposal to number of FIX Drop Copy Ports. The amend the MIAX Options Fee Schedule FIX Drop Copy Port sends messages POSTAL SERVICE (‘‘Fee Schedule’’). containing reports of order executions to The text of the proposed rule change the user based upon the group of FIX Product Change—Priority Mail Express is available on the Exchange’s Web site Negotiated Service Agreement Ports that it is configured to monitor. at http://www.miaxoptions.com/filter/ The Exchange proposes to provide _ AGENCY: Postal ServiceTM. wotitle/rule filing, at MIAX’s principal FIX Drop Copy Port users with ACTION: Notice. office, and at the Commission’s Public information regarding trade corrections Reference Room. and trade cancellations in addition to SUMMARY: The Postal Service gives II. Self-Regulatory Organization’s the information regarding trade notice of filing a request with the Postal Statement of the Purpose of, and executions currently received by such Regulatory Commission to add a Statutory Basis for, the Proposed Rule users. The purpose of including this domestic shipping services contract to Change additional information in the FIX Drop the list of Negotiated Service Copy Port without charge is to enhance Agreements in the Mail Classification In its filing with the Commission, the the service provided by the Exchange by Schedule’s Competitive Products List. Exchange included statements way of a value-added feature that DATES: Effective date: March 4, 2016. concerning the purpose of and basis for transmits trade correction and FOR FURTHER INFORMATION CONTACT: the proposed rule change and discussed cancellation information directly to FIX Elizabeth A. Reed, 202–268–3179. any comments it received on the Drop Copy Port users. Moreover, this proposed rule change. The text of these SUPPLEMENTARY INFORMATION: The value-added feature enhances statements may be examined at the United States Postal Service® hereby transparency on the Exchange places specified in Item IV below. The gives notice that, pursuant to 39 U.S.C. respecting the status of trade corrections 3642 and 3632(b)(3), on February 26, Exchange has prepared summaries, set and cancellations submitted to the 2016, it filed with the Postal Regulatory forth in sections A, B, and C below, of Exchange. Commission a Request of the United the most significant aspects of such MIAX currently assesses a FIX Drop States Postal Service to Add Priority statements. Copy Port fee of $500 per port per Mail Express Contract 33 to Competitive A. Self-Regulatory Organization’s month based on the number of FIX Drop Product List. Documents are available at Statement of the Purpose of, and the Copy Ports to which a user subscribes www.prc.gov, Docket Nos. MC2016–87, Statutory Basis for, the Proposed Rule and the fee includes connectivity to the CP2016–112. Change Exchange’s primary, secondary and disaster recovery data centers at no Stanley F. Mires, 1. Purpose additional cost. The Exchange is not Attorney, Federal Compliance. The purpose of the proposed rule proposing a change to the FIX Drop [FR Doc. 2016–04783 Filed 3–3–16; 8:45 am] change is to broaden the description of Copy Port fee. BILLING CODE 7710–12–P the information that is provided to users The proposed change to the of the MIAX Financial Information information provided to FIX Drop Copy Exchange (‘‘FIX’’) Drop Copy Port to Exchange Members are deemed ‘‘members’’ under SECURITIES AND EXCHANGE reflect information regarding trade the Exchange Act. See Exchange Rule 100. The term COMMISSION corrections and trade cancellations. ‘‘Market Makers’’ refers to ‘‘Lead Market Makers,’’ ‘‘Primary Lead Market Makers’’ and ‘‘Registered [Release No. 34–77251; File No. SR–MIAX– The FIX Drop Copy Port is a messaging interface that currently Market Makers’’ collectively. A Lead Market Maker 2016–06] is a Member registered with the Exchange for the provides a copy of real-time trade purpose of making markets in securities traded on Self-Regulatory Organizations; Miami execution information through a FIX the Exchange and that is vested with the rights and International Securities Exchange LLC; Port 3 to FIX Drop Copy Port users who responsibilities specified in Chapter VI of these Rules with respect to Lead Market Makers. A Notice of Filing and Immediate Primary Lead Market Maker is a Lead Market Maker 1 Effectiveness of a Proposed Rule 15 U.S.C. 78s(b)(1). appointed by the Exchange to act as the Primary Change To Amend the MIAX Options 2 17 CFR 240.19bb–4. Lead Market Maker for the purpose of making Fee Schedule 3 A FIX Port is an interface with MIAX systems markets in securities traded on the Exchange. A that enables the Port user (typically an Electronic Registered Market Maker is a Member registered with the Exchange for the purpose of making February 29, 2016. Exchange Member or a Market Maker) to submit orders electronically to MIAX. The term ‘‘Electronic markets in securities traded on the Exchange, who Pursuant to the provisions of Section Exchange Member’’ means the holder of a Trading is not a Lead Market Maker. See Exchange Rule 100. 19(b)(1) of the Securities Exchange Act Permit who is not a Market Maker. Electronic 4 See id.

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Port users will be implemented on a III. Date of Effectiveness of the IV. Solicitation of Comments date announced by the Exchange by Proposed Rule Change and Timing for Regulatory Circular. Commission Action Interested persons are invited to submit written data, views, and 2. Statutory Basis Because the proposed rule change arguments concerning the foregoing, MIAX believes that its proposed rule does not (i) significantly affect the including whether the proposed rule change is consistent with Section 6(b) of protection of investors or the public change is consistent with the Act. the Act 5 in general, and furthers the interest; (ii) impose any significant Comments may be submitted by any of objectives of Section 6(b)(5) of the Act 6 burden on competition; and (iii) become the following methods: in particular, in that it is designed to operative for 30 days from the date on prevent fraudulent and manipulative which it was filed, or such shorter time Electronic Comments acts and practices, to promote just and as the Commission may designate, it has • Use the Commission’s Internet equitable principles of trade, to foster become effective pursuant to Section comment form (http://www.sec.gov/ cooperation and coordination with 19(b)(3)(A) of the Act 8 and Rule 19b– rules/sro.shtml); or persons engaged in facilitating 4(f)(6) thereunder.9 • Send an email to rule-comments@ transactions in securities, to remove A proposed rule change filed sec.gov. Please include File Number SR– impediments to and perfect the pursuant to Rule 19b–4(f)(6) under the mechanisms of a free and open market Act 10 normally does not become MIAX–2016–06 on the subject line. and a national market system and, in operative for 30 days after the date of its Paper Comments general, to protect investors and the filing. However, Rule 19b–4(f)(6)(iii) 11 public interest. permits the Commission to designate a • Send paper comments in triplicate The proposed rule change is designed shorter time if such action is consistent to Secretary, Securities and Exchange to protect investors and the public with the protection of investors and the Commission, 100 F Street NE., interest and to promote just and public interest. The Exchange has asked Washington, DC 20549–1090. equitable principles of trade by adding the Commission to waive the 30-day transparency to the Exchange’s All submissions should refer to File operative delay so that the proposal may marketplace through the new Number SR–MIAX–2016–06. This file become operative immediately upon information included in the FIX Drop number should be included on the filing. The Commission believes that Copy Port at no additional cost. subject line if email is used. To help the waiver of the operative delay is Commission process and review your B. Self-Regulatory Organization’s consistent with the protection of Statement on Burden on Competition investors and the public interest comments more efficiently, please use because it would enable market only one method. The Commission will The Exchange does not believe that post all comments on the Commission’s the proposed rule change will impose participants to benefit from the Internet Web site (http://www.sec.gov/ any burden on competition that is not additional information provided in the rules/sro.shtml). Copies of the necessary or appropriate in furtherance FIX Drop Copy Port without undue of the purposes of the Act. The delay. Therefore, the Commission submission, all subsequent proposed enhancement of services by hereby waives the operative delay and amendments, all written statements the Exchange provided to its Members designates the proposal operative upon with respect to the proposed rule and others using its facilities will not filing.12 change that are filed with the Commission, and all written have an impact on competition. In fact, At any time within 60 days of the MIAX’s proposed additional filing of the proposed rule change, the communications relating to the information provided to users of the FIX Commission summarily may proposed rule change between the Drop Copy Port at no additional cost temporarily suspend such rule change if Commission and any person, other than will benefit all Members who desire to it appears to the Commission that such those that may be withheld from the use such services. action is necessary or appropriate in the public in accordance with the The FIX Drop Copy Port will continue public interest, for the protection of provisions of 5 U.S.C. 552, will be to be offered as a service for FIX Drop investors, or otherwise in furtherance of available for Web site viewing and Copy Port users at the same price, the purposes of the Act. If the printing in the Commission’s Public which is within the range of prices for Commission takes such action, the Reference Room, 100 F Street NE., similar ports offered by other Commission shall institute proceedings Washington, DC 20549, on official exchanges,7 and therefore the Exchange to determine whether the proposed rule business days between the hours of believes that the current price of the change should be approved or 10:00 a.m. and 3:00 p.m. Copies of the port fee does not impose a burden on disapproved. filing also will be available for competition. inspection and copying at the principal C. Self-Regulatory Organization’s 8 15 U.S.C. 78s(b)(3)(A). office of the Exchange. All comments Statement on Comments on the 9 17 CFR 240.19b–4(f)(6). As required under Rule received will be posted without change; 19b–4(f)(6)(iii), the Exchange provided the Proposed Rule Change Received From Commission with written notice of its intent to file the Commission does not edit personal Members, Participants, or Others the proposed rule change, along with a brief identifying information from Written comments were neither description and the text of the proposed rule submissions. You should submit only change, at least five business days prior to the date information that you wish to make solicited nor received. of filing of the proposed rule change, or such shorter time as designated by the Commission. available publicly. All submissions 5 15 U.S.C. 78f(b). 10 17 CFR 240.19b–4(f)(6). should refer to File Number SR–MIAX– 6 15 U.S.C. 78f(b)(5). 11 17 CFR 240.19b–4(f)(6)(iii). 2016–06, and should be submitted on or 7 See NYSE Arca Options Fees and Charges, p. 12, 12 For purposes only of waiving the 30-day before March 25, 2016. and NYSE Amex Options Fee Schedule, p .24. Both operative delay, the Commission has also NYSE Arca Options and NYSE Amex Options considered the proposed rule’s impact on charge $500 per port per month for a drop copy efficiency, competition, and capital formation. See port. 15 U.S.C. 78c(f).

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For the Commission, by the Division of request a hearing by writing to the more of the Funds. No Distributor will Trading and Markets, pursuant to delegated Commission’s Secretary and serving be affiliated with any national securities authority.13 applicants with a copy of the request, exchange, as defined in Section 2(a)(26) Robert W. Errett, personally or by mail. Hearing requests of the Act (‘‘Exchange’’). The Distributor Deputy Secretary. should be received by the Commission for each Fund will comply with the [FR Doc. 2016–04708 Filed 3–3–16; 8:45 am] by 5:30 p.m. on March 24, 2016, and terms and conditions of the requested BILLING CODE 8011–01–P should be accompanied by proof of order. NLD, a Nebraska limited liability service on applicants, in the form of an company and broker-dealer registered affidavit, or for lawyers, a certificate of under the Exchange Act, will act as the SECURITIES AND EXCHANGE service. Pursuant to rule 0–5 under the initial Distributor of the Funds. COMMISSION Act, hearing requests should state the 4. Applicants request that the order [Investment Company Act Release No. nature of the writer’s interest, any facts apply to the Initial Fund and any 32011; 812–14554] bearing upon the desirability of a additional series of the Trust, and any hearing on the matter, the reason for the other open-end management investment CLS Investments, LLC, et al.; Notice of request, and the issues contested. company or series thereof, that may be Application Persons who wish to be notified of a created in the future (‘‘Future Funds’’ hearing may request notification by February 29, 2016. and together with the Initial Fund, writing to the Commission’s Secretary. ‘‘Funds’’), each of which will operate as AGENCY: Securities and Exchange ADDRESSES: Secretary, Securities and an ETF and will track a specified index Commission (‘‘Commission’’). Exchange Commission, 100 F Street NE., comprised of domestic or foreign equity ACTION: Notice of an application for an Washington, DC 20549–1090; and/or fixed income securities (each, an order under section 6(c) of the Applicants, 17605 Wright Street, ‘‘Underlying Index’’). Any Future Fund Investment Company Act of 1940 (the Omaha, NE 68130 will (a) be advised by CLS or an entity ‘‘Act’’) for an exemption from sections FOR FURTHER INFORMATION CONTACT: controlling, controlled by, or under 2(a)(32), 5(a)(1), 22(d), and 22(e) of the Bruce R. MacNeil, Senior Counsel, at common control with CLS (each, an Act and rule 22c-1 under the Act, under (202) 551–6817, or Daniele Marchesani, ‘‘Adviser’’) and (b) comply with the sections 6(c) and 17(b) of the Act for an Branch Chief, at (202) 551–6821 terms and conditions of the exemption from sections 17(a)(1) and (Division of Investment Management, application.1 17(a)(2) of the Act, and under section Chief Counsel’s Office). 12(d)(1)(J) for an exemption from 5. Each Fund will hold certain SUPPLEMENTARY INFORMATION: sections 12(d)(1)(A) and 12(d)(1)(B) of The securities, currencies, other assets, and the Act. following is a summary of the other investment positions (‘‘Portfolio application. The complete application Holdings’’) selected to correspond SUMMARY OF APPLICATION: Applicants may be obtained via the Commission’s generally to the performance of its request an order that would permit (a) Web site by searching for the file Underlying Index. The Underlying series of certain open-end management number, or for an applicant using the Indexes will be comprised solely of investment companies to issue shares Company name box, at http:// equity and/or fixed income securities (‘‘Shares’’) redeemable in large www.sec.gov/search/search.htm or by issued by one or more of the following aggregations only (‘‘Creation Units’’); (b) calling (202) 551–8090. categories of issuers: (i) Domestic secondary market transactions in Shares Applicants’ Representations issuers and (ii) non-domestic issuers to occur at negotiated market prices meeting the requirements for trading in 1. The Trust is a Delaware statutory rather than at net asset value (‘‘NAV’’); U.S. markets. Other Funds will be based trust and is registered under the Act as (c) certain series to pay redemption on Underlying Indexes that will be an open-end management investment proceeds, under certain circumstances, comprised solely of foreign and company with multiple series. Each more than seven days after the tender of domestic, or solely foreign, equity and/ series will operate as an exchange Shares for redemption; (d) certain or fixed income securities (‘‘Foreign traded fund (‘‘ETF’’). affiliated persons of the series to deposit Funds’’). 2. CLS will be the investment adviser securities into, and receive securities 6. Applicants represent that each to the new series of the Trust (‘‘Initial from, the series in connection with the Fund will invest at least 80% of its Fund’’). Each Adviser (as defined purchase and redemption of Creation assets (excluding securities lending below) will be registered as an Units; and (e) certain registered collateral) in the component securities investment adviser under the management investment companies and of its respective Underlying Index Investment Advisers Act of 1940 unit investment trusts outside of the (‘‘Component Securities’’) and TBA (‘‘Advisers Act’’). The Adviser may same group of investment companies as Transactions,2 enter into sub-advisory agreements with and in the case of the series to acquire Shares. one or more investment advisers to act Foreign Funds, Component Securities APPLICANTS: CLS Investments, LLC as sub-advisers to particular Funds (‘‘CLS’’), AdvisorOne Funds (‘‘Trust’’) (each, a ‘‘Sub-Adviser’’). Any Sub- 1 All existing entities that intend to rely on the and Northern Lights Distributors, LLC requested order have been named as applicants. Adviser will either be registered under Any other existing or future entity that (‘‘NLD’’). the Advisers Act or will not be required subsequently relies on the order will comply with DATES: Filing Dates: The application to register thereunder. the terms and conditions of the order. A Fund of was filed on September 29, 2015, and 3. The Trust will enter into a Funds (as defined below) may rely on the order amended on February 1, 2016. only to invest in Funds and not in any other distribution agreement with one or more registered investment company. HEARING OR NOTIFICATION OF HEARING: distributors. Each distributor for a Fund 2 A ‘‘to-be-announced transaction’’ or ‘‘TBA An order granting the requested relief will be a broker-dealer (‘‘Broker’’) Transaction’’ is a method of trading mortgage- will be issued unless the Commission registered under the Securities backed securities. In a TBA Transaction, the buyer and seller agree upon general trade parameters such orders a hearing. Interested persons may Exchange Act of 1934 (‘‘Exchange Act’’) as agency, settlement date, par amount and price. and will act as distributor and principal The actual pools delivered generally are determined 13 17 CFR 200.30–3(a)(12). underwriter (‘‘Distributor’’) for one or two days prior to settlement date.

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and Depositary Receipts 3 representing The information provided on the Web Except with respect to the Self-Indexing Component Securities. Each Fund may site will be formatted to be reader- Funds, no Index Provider is or will be also invest up to 20% of its assets in friendly. an Affiliated Person, or a Second-Tier certain index futures, options, options 9. A Fund will utilize either a Affiliate, of a Trust or a Fund, of the on index futures, swap contracts or replication or representative sampling Adviser, of any Sub-Adviser to or other derivatives, as related to its strategy to track its Underlying Index. A promoter of a Fund, or of the respective Underlying Index and its Fund using a replication strategy will Distributor. Component Securities, cash and cash invest in the Component Securities of 11. Applicants recognize that Self- equivalents, other investment its Underlying Index in the same Indexing Funds could raise concerns companies, as well as in securities and approximate proportions as in such regarding the ability of the Affiliated other instruments not included in its Underlying Index. A Fund using a Index Provider to manipulate the Underlying Index but which the Adviser representative sampling strategy will Underlying Index to the benefit or believes will help the Fund track its hold some, but not necessarily all of the detriment of the Self-Indexing Fund. Underlying Index. A Fund may also Component Securities of its Underlying Applicants further recognize the engage in short sales in accordance with Index. Applicants state that a Fund potential for conflicts that may arise its investment objective. using a representative sampling strategy with respect to the personal trading 7. Each Trust may issue Funds that will not be expected to track the activity of personnel of the Affiliated seek to track Underlying Indexes performance of its Underlying Index Index Provider who have knowledge of constructed using 130/30 investment with the same degree of accuracy as changes to an Underlying Index prior to strategies (‘‘130/30 Funds’’) or other would an investment vehicle that the time that information is publicly long/short investment strategies (‘‘Long/ invested in every Component Security disseminated. Short Funds’’). Each Long/Short Fund of the Underlying Index with the same 12. Applicants propose that each Self- will establish (i) exposures equal to weighting as the Underlying Index. Indexing Fund will post on its Web site, approximately 100% of the long Applicants expect that each Fund will on each day the Fund is open, including positions specified by the Long/Short have an annual tracking error relative to any day when it satisfies redemption Index 4 and (ii) exposures equal to the performance of its Underlying Index requests as required by Section 22(e) of approximately 100% of the short of less than 5%. the Act (a ‘‘Business Day’’), before positions specified by the Long/Short 10. Each Fund will be entitled to use commencement of trading of Shares on Index. Each 130/30 Fund will include its Underlying Index pursuant to either the Listing Exchange, the identities and strategies that: (i) Establish long a licensing agreement with the entity quantities of the Portfolio Holdings that positions in securities so that total long that compiles, creates, sponsors or will form the basis for the Fund’s exposure represents approximately maintains the Underlying Index (each, calculation of its NAV at the end of the 130% of a Fund’s net assets; and (ii) an ‘‘Index Provider’’) or a sub-licensing Business Day. Applicants believe that simultaneously establish short positions arrangement with the Adviser, which requiring Self-Indexing Funds to in other securities so that total short will have a licensing agreement with maintain full portfolio transparency will exposure represents approximately 30% such Index Provider.6 A ‘‘Self-Indexing also provide an additional mechanism of such Fund’s net assets. Fund’’ is a Fund for which an affiliated for addressing any such potential 8. Each Business Day, for each Long/ person, as defined in section 2(a)(3) of conflicts of interest. Short Fund and 130/30 Fund, the the Act (‘‘Affiliated Person’’), or an 13. In addition, applicants do not Adviser will provide full portfolio affiliated person of an Affiliated Person believe the potential for conflicts of transparency on the Fund’s publicly (‘‘Second-Tier Affiliate’’), of the Trust or interest raised by the Adviser’s use of available Web site (‘‘Web site’’) by a Fund, of the Adviser, of any Sub- the Underlying Indexes in connection making available the Fund’s Portfolio Adviser to or promoter of a Fund, or of with the management of the Self Holdings (defined below) before the the Distributor (each, an ‘‘Affiliated Indexing Funds and the Affiliated commencement of trading of Shares on Index Provider’’) will serve as the Index Accounts will be substantially different the Listing Exchange (defined below).5 Provider. In the case of Self-Indexing from the potential conflicts presented by Funds, an Affiliated Index Provider will an adviser managing two or more 3 Depositary receipts representing foreign create a proprietary, rules-based registered funds. Both the Act and the securities (‘‘Depositary Receipts’’) include methodology to create Underlying Advisers Act contain various American Depositary Receipts and Global 7 Depositary Receipts. The Funds may invest in Indexes (each an ‘‘Affiliated Index’’). protections to address conflicts of Depositary Receipts representing foreign securities interest where an adviser is managing in which they seek to invest. Depositary Receipts 6 The licenses for the Self-Indexing Funds will two or more registered funds and these are typically issued by a financial institution (a specifically state that the Affiliated Index Provider ‘‘depositary bank’’) and evidence ownership (as defined below), or in case of a sub-licensing protections will also help address these interests in a security or a pool of securities that agreement, the Adviser, must provide the use of the conflicts with respect to the Self- have been deposited with the depositary bank. A Affiliated Indexes (as defined below) and related Indexing Funds.8 Fund will not invest in any Depositary Receipts that intellectual property at no cost to the Trust and the 14. Each Adviser and any Sub- the Adviser or any Sub-Adviser deems to be illiquid Self-Indexing Funds. Adviser has adopted or will adopt, or for which pricing information is not readily 7 The Affiliated may be made available to available. No affiliated person of a Fund, the registered investment companies, as well as pursuant to Rule 206(4)–7 under the Adviser or any Sub-Adviser will serve as the separately managed accounts of institutional Advisers Act, written policies and depositary bank for any Depositary Receipts held by investors and privately offered funds that are not procedures designed to prevent a Fund. deemed to be ‘‘investment companies’’ in reliance violations of the Advisers Act and the 4 Underlying Indexes that include both long and on section 3(c)(1) or 3(c)(7) of the Act for which the short positions in securities are referred to as Advisor acts as adviser or subadviser (‘‘Affiliated ‘‘Long/Short Indexes.’’ Accounts’’) as well as other such registered constituents of such Underlying Indexes or a 5 Under accounting procedures followed by each investment companies, separately managed representative sample of such constituents of the Fund, trades made on the prior Business Day (‘‘T’’) accounts and privately offered funds for which it Underlying Index. Consistent with relief requested will be booked and reflected in NAV on the current does not act either as adviser or subadviser from section 17(a), the Affiliated Accounts will not Business Day (T+1). Accordingly, the Funds will be (‘‘Unaffiliated Accounts’’). The Affiliated Accounts engage in Creation Unit transactions with a Fund. able to disclose at the beginning of the Business Day and the Unaffiliated Accounts, like the Funds, 8 See, e.g., Rule 17j–1 under the Act and Section the portfolio that will form the basis for the NAV would seek to track the performance of one or more 204A under the Advisers Act and Rules 204A–1 calculation at the end of the Business Day. Underlying Index(es) by investing in the and 206(4)–7 under the Advisers Act.

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rules thereunder. These include policies transactions will comply with the Act, the Redemption Instruments will each and procedures designed to minimize the rules thereunder and the terms and correspond pro rata to the positions in potential conflicts of interest among the conditions of the requested order. In the Fund’s portfolio (including cash Self-Indexing Funds and the Affiliated this regard, each Self-Indexing Fund’s positions) 14 except: (a) In the case of Accounts, such as cross trading policies, board of directors or trustees (‘‘Board’’) bonds, for minor differences when it is as well as those designed to ensure the will periodically review the Self- impossible to break up bonds beyond equitable allocation of portfolio Indexing Fund’s use of an Affiliated certain minimum sizes needed for transactions and brokerage Index Provider. Subject to the approval transfer and settlement; (b) for minor commissions. In addition, CLS will of the Self-Indexing Fund’s Board, the differences when rounding is necessary adopt policies and procedures as Adviser, Affiliated Persons of the to eliminate fractional shares or lots that required under section 204A of the Adviser (‘‘Adviser Affiliates’’) and are not tradeable round lots; 15 (c) TBA Advisers Act, which are reasonably Affiliated Persons of any Sub-Adviser Transactions, short positions, designed in light of the nature of its (‘‘Sub-Adviser Affiliates’’) may be derivatives and other positions that business to prevent the misuse, in authorized to provide custody, fund cannot be transferred in kind 16 will be violation of the Advisers Act or the accounting and administration and excluded from the Deposit Instruments Exchange Act or the rules thereunder, of transfer agency services to the Self- and the Redemption Instruments; 17(d) material non-public information by the Indexing Funds. Any services provided to the extent the Fund determines, on a ETS Securities or an associated person by the Adviser, Adviser Affiliates, Sub- given Business Day, to use a (‘‘Inside Information Policy’’). Any other Adviser and Sub-Adviser Affiliates will representative sampling of the Fund’s Adviser or Sub-Adviser will be required be performed in accordance with the portfolio; 18 or (e) for temporary periods, to adopt and maintain a similar Inside provisions of the Act, the rules under to effect changes in the Fund’s portfolio Information Policy. In accordance with the Act and any relevant guidelines as a result of the rebalancing of its the Code of Ethics 9 and Inside from the staff of the Commission. Underlying Index (any such change, a Information Policy of the Adviser and Applications for prior orders granted to ‘‘Rebalancing’’). If there is a difference any Sub-Adviser, personnel of those Self-Indexing Funds have received relief between the NAV attributable to a entities with knowledge about the to operate such funds on the basis Creation Unit and the aggregate market composition of the Portfolio Deposit 10 discussed above.12 value of the Deposit Instruments or will be prohibited from disclosing such 16. The Shares of each Fund will be Redemption Instruments exchanged for information to any other person, except purchased and redeemed in Creation the Creation Unit, the party conveying as authorized in the course of their Units and generally on an in-kind basis. instruments with the lower value will employment, until such information is Except where the purchase or also pay to the other an amount in cash made public. In addition, an Index redemption will include cash under the equal to that difference (the ‘‘Cash Provider will not provide any limited circumstances specified below, Amount’’). information relating to changes to an purchasers will be required to purchase 17. Purchases and redemptions of Underlying Index’s methodology for the Creation Units by making an in-kind Creation Units may be made in whole or inclusion of component securities, the deposit of specified instruments in part on a cash basis, rather than in inclusion or exclusion of specific (‘‘Deposit Instruments’’), and kind, solely under the following component securities, or methodology shareholders redeeming their Shares circumstances: (a) To the extent there is for the calculation or the return of will receive an in-kind transfer of a Cash Amount; (b) if, on a given component securities, in advance of a specified instruments (‘‘Redemption 13 Business Day, the Fund announces public announcement of such changes Instruments’’). On any given Business before the open of trading that all by the Index Provider.11 The Adviser Day, the names and quantities of the purchases, all redemptions or all will also include under Item 10.C of Part instruments that constitute the Deposit purchases and redemptions on that day 2 of its Form ADV a discussion of its Instruments and the names and will be made entirely in cash; (c) if, relationship to any Affiliated Index quantities of the instruments that upon receiving a purchase or Provider and any material conflicts of constitute the Redemption Instruments redemption order from an Authorized interest resulting therefrom, regardless will be identical, unless the Fund is Participant, the Fund determines to of whether the Affiliated Index Provider Rebalancing (as defined below). In require the purchase or redemption, as is a type of affiliate specified in Item 10. addition, the Deposit Instruments and applicable, to be made entirely in 15. To the extent the Self-Indexing 12 See, e.g., Emerging Global Advisors, LLC, et al., Funds transact with an Affiliated Person 14 The portfolio used for this purpose will be the of the Adviser or Sub-Adviser, such Investment Company Act Release Nos. 30910 (February 10, 2014) (notice) and 30975 (March 7, same portfolio used to calculate the Fund’s NAV for 2014) (order); VTL Associates, LLC, et al., the Business Day. 9 The Adviser has also adopted or will adopt a Investment Company Act Release Nos. 30815 15 A tradeable round lot for a security will be the code of ethics pursuant to Rule 17j–1 under the Act (December 2, 2013) (notice) and 30849 (December standard unit of trading in that particular type of and Rule 204A–1 under the Advisers Act, which 30, 2013) (order); Horizons ETFs Management security in its primary market. contains provisions reasonably necessary to prevent (USA) LLC and Horizons ETF Trust, Investment 16 This includes instruments that can be Access Persons (as defined in Rule 17j–1) from Company Act Release Nos. 30803 (November 21, transferred in kind only with the consent of the engaging in any conduct prohibited in Rule 17j–1 2013) (notice) and 30833 (December 17, 2013) original counterparty to the extent the Fund does (‘‘Code of Ethics’’). (order). not intend to seek such consents. 10 The instruments and cash that the purchaser is 13 The Funds must comply with the federal 17 Because these instruments will be excluded required to deliver in exchange for the Creation securities laws in accepting Deposit Instruments from the Deposit Instruments and the Redemption Units it is purchasing are referred to as the and satisfying redemptions with Redemption Instruments, their value will be reflected in the ‘‘Portfolio Deposit.’’ Instruments, including that the Deposit Instruments determination of the Cash Amount (as defined 11 In the event that an Adviser or Sub-Adviser and Redemption Instruments are sold in below). serves as the Affiliated Index Provider for a Self- transactions that would be exempt from registration 18 A Fund may only use sampling for this purpose Indexing Fund, the terms ‘‘Affiliated Index under the Securities Act of 1933 (‘‘Securities Act’’). if the sample: (i) Is designed to generate Provider’’ or ‘‘Index Provider,’’ with respect to that In accepting Deposit Instruments and satisfying performance that is highly correlated to the Self-Indexing Fund, will be limited to the redemptions with Redemption Instruments that are performance of the Fund’s portfolio; (ii) consists employees of the applicable Adviser or Sub-Adviser restricted securities eligible for resale pursuant to entirely of instruments that are already included in that are responsible for creating, compiling and rule 144A under the Securities Act, the Funds will the Fund’s portfolio; and (iii) is the same for all maintaining the relevant Underlying Index. comply with the conditions of rule 144A. Authorized Participants on a given Business Day.

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cash; 19 (d) if, on a given Business Day, Distributor. The Distributor will be Distributor will maintain a record of the the Fund requires all Authorized responsible for transmitting the orders instructions given to the applicable Participants purchasing or redeeming to the Funds and will furnish to those Fund to implement the delivery of its Shares on that day to deposit or receive placing such orders confirmation that Shares. (as applicable) cash in lieu of some or the orders have been accepted, but 21. Shares of each Fund will be listed all of the Deposit Instruments or applicants state that the Distributor may and traded individually on an Redemption Instruments, respectively, reject any order which is not submitted Exchange. It is expected that one or solely because: (i) Such instruments are in proper form. more member firms of an Exchange will not eligible for transfer through either 19. Each Business Day, before the be designated to act as a market maker the NSCC or DTC (defined below); or (ii) open of trading on the Exchange on (each, a ‘‘Market Maker’’) and maintain in the case of Foreign Funds holding which Shares are primarily listed a market for Shares trading on the non-U.S. investments, such instruments (‘‘Listing Exchange’’), each Fund will Exchange. Prices of Shares trading on an are not eligible for trading due to local cause to be published through the NSCC Exchange will be based on the current trading restrictions, local restrictions on the names and quantities of the bid/offer market. Transactions involving securities transfers or other similar instruments comprising the Deposit the sale of Shares on an Exchange will circumstances; or (e) if the Fund permits Instruments and the Redemption be subject to customary brokerage an Authorized Participant to deposit or Instruments, as well as the estimated commissions and charges. receive (as applicable) cash in lieu of Cash Amount (if any), for that day. The 22. Applicants expect that purchasers some or all of the Deposit Instruments list of Deposit Instruments and of Creation Units will include or Redemption Instruments, Redemption Instruments will apply institutional investors and arbitrageurs. respectively, solely because: (i) Such until a new list is announced on the Market Makers, acting in their roles to instruments are, in the case of the following Business Day, and there will provide a fair and orderly secondary purchase of a Creation Unit, not be no intra-day changes to the list market for the Shares, may from time to available in sufficient quantity; (ii) such except to correct errors in the published time find it appropriate to purchase or instruments are not eligible for trading list. Each Listing Exchange will redeem Creation Units. Applicants by an Authorized Participant or the disseminate, every 15 seconds during expect that secondary market investor on whose behalf the regular Exchange trading hours, through purchasers of Shares will include both Authorized Participant is acting; or (iii) the facilities of the Consolidated Tape institutional and retail investors.22 The a holder of Shares of a Foreign Fund Association, an amount for each Fund price at which Shares trade will be holding non-U.S. investments would be stated on a per individual Share basis disciplined by arbitrage opportunities subject to unfavorable income tax representing the sum of (i) the estimated created by the option continually to treatment if the holder receives Cash Amount and (ii) the current value purchase or redeem Shares in Creation redemption proceeds in kind.20 of the Deposit Instruments. Units, which should help prevent 18. Creation Units will consist of 20. Transaction expenses, including Shares from trading at a material specified large aggregations of Shares operational processing and brokerage discount or premium in relation to their (e.g., 25,000 Shares) as determined by costs, will be incurred by a Fund when NAV. the Adviser, and it is expected that the investors purchase or redeem Creation 23. Shares will not be individually initial price of a Creation Unit will Units in-kind and such costs have the redeemable, and owners of Shares may range from $1 million to $10 million. potential to dilute the interests of the acquire those Shares from the Fund, or All orders to purchase Creation Units Fund’s existing shareholders. Each tender such Shares for redemption to must be placed with the Distributor by Fund will impose purchase or the Fund, in Creation Units only. To or through an ‘‘Authorized Participant’’ redemption transaction fees redeem, an investor must accumulate which is either (1) a ‘‘Participating (‘‘Transaction Fees’’) in connection with enough Shares to constitute a Creation Party,’’ i.e., a Broker or other participant effecting such purchases or redemptions Unit. Redemption requests must be in the Continuous Net Settlement of Creation Units. In all cases, such placed through an Authorized System of the NSCC, a clearing agency Transaction Fees will be limited in Participant. A redeeming investor may registered with the Commission, or (2) accordance with requirements of the pay a Transaction Fee, calculated in the a participant in The Depository Trust Commission applicable to management same manner as a Transaction Fee Company (‘‘DTC’’) (‘‘DTC Participant’’), investment companies offering payable in connection with purchases of which, in either case, has signed a redeemable securities. Since the Creation Units. participant agreement with the Transaction Fees are intended to defray 24. Neither the Trust nor any Fund the transaction expenses as well as to will be advertised or marketed or 19 In determining whether a particular Fund will prevent possible shareholder dilution otherwise held out as a traditional open- sell or redeem Creation Units entirely on a cash or resulting from the purchase or end investment company or a ‘‘mutual in-kind basis (whether for a given day or a given fund.’’ Instead, each such Fund will be order), the key consideration will be the benefit that redemption of Creation Units, the would accrue to the Fund and its investors. For Transaction Fees will be borne only by marketed as an ‘‘ETF.’’ All marketing instance, in bond transactions, the Adviser may be such purchasers or redeemers.21 The materials that describe the features or able to obtain better execution than Share Distributor will be responsible for method of obtaining, buying or selling purchasers because of the Adviser’s size, experience Creation Units, or Shares traded on an and potentially stronger relationships in the fixed delivering the Fund’s prospectus to income markets. Purchases of Creation Units either those persons acquiring Shares in Exchange, or refer to redeemability, will on an all cash basis or in-kind are expected to be Creation Units and for maintaining prominently disclose that Shares are not neutral to the Funds from a tax perspective. In records of both the orders placed with individually redeemable and will contrast, cash redemptions typically require selling disclose that the owners of Shares may portfolio holdings, which may result in adverse tax it and the confirmations of acceptance consequences for the remaining Fund shareholders furnished by it. In addition, the acquire those Shares from the Fund or that would not occur with an in-kind redemption. As a result, tax consideration may warrant in-kind 21 Where a Fund permits an in-kind purchaser to 22 Shares will be registered in book-entry form redemptions. substitute cash-in-lieu of depositing one or more of only. DTC or its nominee will be the record or 20 A ‘‘custom order’’ is any purchase or the requisite Deposit Instruments, the purchaser registered owner of all outstanding Shares. redemption of Shares made in whole or in part on may be assessed a higher Transaction Fee to cover Beneficial ownership of Shares will be shown on a cash basis in reliance on clause (e)(i) or (e)(ii). the cost of purchasing such Deposit Instruments. the records of DTC or the DTC Participants.

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tender such Shares for redemption to issue Shares that are redeemable in applicants assert that secondary market the Fund in Creation Units only. The Creation Units only. Applicants state transactions in Shares will not lead to Funds will provide copies of their that investors may purchase Shares in discrimination or preferential treatment annual and semi-annual shareholder Creation Units and redeem Creation among purchasers. Finally, applicants reports to DTC Participants for Units from each Fund. Applicants contend that the price at which Shares distribution to beneficial owners of further state that because Creation Units trade will be disciplined by arbitrage Shares. may always be purchased and redeemed opportunities created by the option at NAV, the price of Shares on the Applicants’ Legal Analysis continually to purchase or redeem secondary market should not vary Shares in Creation Units, which should 1. Applicants request an order under materially from NAV. help prevent Shares from trading at a section 6(c) of the Act for an exemption Section 22(d) of the Act and Rule 22c– material discount or premium in from sections 2(a)(32), 5(a)(1), 22(d), and relation to their NAV. 22(e) of the Act and rule 22c–1 under 1 under the Act the Act, under section 12(d)(1)(J) of the 4. Section 22(d) of the Act, among Section 22(e) Act for an exemption from sections other things, prohibits a dealer from 7. Section 22(e) of the Act generally 12(d)(1)(A) and (B) of the Act, and selling a redeemable security that is prohibits a registered investment under sections 6(c) and 17(b) of the Act currently being offered to the public by company from suspending the right of for an exemption from sections 17(a)(1) or through an underwriter, except at a redemption or postponing the date of and 17(a)(2) of the Act. current public offering price described payment of redemption proceeds for 2. Section 6(c) of the Act provides that in the prospectus. Rule 22c–1 under the more than seven days after the tender of the Commission may exempt any Act generally requires that a dealer a security for redemption. Applicants person, security or transaction, or any selling, redeeming or repurchasing a state that settlement of redemptions for class of persons, securities or redeemable security do so only at a Foreign Funds will be contingent not transactions, from any provision of the price based on its NAV. Applicants state only on the settlement cycle of the Act, if and to the extent that such that secondary market trading in Shares United States market, but also on exemption is necessary or appropriate will take place at negotiated prices, not current delivery cycles in local markets in the public interest and consistent at a current offering price described in for underlying foreign securities held by with the protection of investors and the a Fund’s prospectus, and not at a price a Foreign Fund. Applicants state that purposes fairly intended by the policy based on NAV. Thus, purchases and the delivery cycles currently practicable and provisions of the Act. Section 17(b) sales of Shares in the secondary market for transferring Redemption Instruments of the Act authorizes the Commission to will not comply with section 22(d) of to redeeming investors, coupled with exempt a proposed transaction from the Act and rule 22c–1 under the Act. local market holiday schedules, may section 17(a) of the Act if evidence Applicants request an exemption under require a delivery process of up to establishes that the terms of the section 6(c) from these provisions. fourteen (14) calendar days. transaction, including the consideration 5. Applicants assert that the concerns to be paid or received, are reasonable sought to be addressed by section 22(d) Accordingly, with respect to Foreign and fair and do not involve of the Act and rule 22c–1 under the Act Funds only, applicants hereby request overreaching on the part of any person with respect to pricing are equally relief under section 6(c) from the concerned, and the proposed satisfied by the proposed method of requirement imposed by section 22(e) to transaction is consistent with the pricing Shares. Applicants maintain that allow Foreign Funds to pay redemption policies of the registered investment while there is little legislative history proceeds within fourteen calendar days regarding section 22(d), its provisions, following the tender of Creation Units company and the general provisions of 23 the Act. Section 12(d)(1)(J) of the Act as well as those of rule 22c–1, appear to for redemption. provides that the Commission may have been designed to (a) prevent 8. Applicants believe that Congress exempt any person, security, or dilution caused by certain riskless- adopted section 22(e) to prevent transaction, or any class or classes of trading schemes by principal unreasonable, undisclosed or persons, securities or transactions, from underwriters and contract dealers, (b) unforeseen delays in the actual payment any provisions of section 12(d)(1) if the prevent unjust discrimination or of redemption proceeds. Applicants exemption is consistent with the public preferential treatment among buyers, propose that allowing redemption interest and the protection of investors. and (c) ensure an orderly distribution of payments for Creation Units of a Foreign investment company shares by Fund to be made within fourteen Sections 5(a)(1) and 2(a)(32) of the Act eliminating price competition from calendar days would not be inconsistent 3. Section 5(a)(1) of the Act defines an dealers offering shares at less than the with the spirit and intent of section ‘‘open-end company’’ as a management published sales price and repurchasing 22(e). Applicants suggest that a investment company that is offering for shares at more than the published redemption payment occurring within sale or has outstanding any redeemable redemption price. fourteen calendar days following a security of which it is the issuer. 6. Applicants believe that none of redemption request would adequately Section 2(a)(32) of the Act defines a these purposes will be thwarted by afford investor protection. redeemable security as any security, permitting Shares to trade in the 9. Applicants are not seeking relief other than short-term paper, under the secondary market at negotiated prices. from section 22(e) with respect to terms of which the owner, upon its Applicants state that (a) secondary Foreign Funds that do not effect presentation to the issuer, is entitled to market trading in Shares does not creations and redemptions of Creation receive approximately a proportionate involve a Fund as a party and will not Units in-kind. share of the issuer’s current net assets, result in dilution of an investment in or the cash equivalent. Because Shares Shares, and (b) to the extent different 23 Applicants acknowledge that no relief obtained will not be individually redeemable, prices exist during a given trading day, from the requirements of section 22(e) will affect any obligations Applicants may otherwise have applicants request an order that would or from day to day, such variances occur under rule 15c6–1 under the Exchange Act permit the Funds to register as open-end as a result of third-party market forces, requiring that most securities transactions be settled management investment companies and such as supply and demand. Therefore, within three business days of the trade date.

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Section 12(d)(1) excessive layering of fees and overly Fund of Funds Adviser, Fund of Funds 10. Section 12(d)(1)(A) of the Act complex fund structures. Applicants Sub-Adviser, employee or Sponsor of prohibits a registered investment believe that the requested exemption is the Fund of Funds, or a person of which company from acquiring securities of an consistent with the public interest and any such officer, director, member of an investment company if such securities the protection of investors. advisory board, Fund of Funds Adviser represent more than 3% of the total 14. Applicants believe that neither a or Fund of Funds Sub-Adviser, outstanding voting stock of the acquired Fund of Funds nor a Fund of Funds employee or Sponsor is an affiliated Affiliate would be able to exert undue person (except that any person whose company, more than 5% of the total 24 assets of the acquiring company, or, influence over a Fund. To limit the relationship to the Fund is covered by together with the securities of any other control that a Fund of Funds may have section 10(f) of the Act is not an Underwriting Affiliate). investment companies, more than 10% over a Fund, applicants propose a 16. Applicants do not believe that the of the total assets of the acquiring condition prohibiting a Fund of Funds proposed arrangement will involve company. Section 12(d)(1)(B) of the Act Adviser or Sponsor, any person controlling, controlled by, or under excessive layering of fees. The board of prohibits a registered open-end directors or trustees of any Investing investment company, its principal common control with a Fund of Funds Adviser or Sponsor, and any investment Management Company, including a underwriter and any other broker-dealer majority of the directors or trustees who from knowingly selling the investment company and any issuer that would be an investment company but for sections are not ‘‘interested persons’’ within the company’s shares to another investment meaning of section 2(a)(19) of the Act company if the sale will cause the 3(c)(1) or 3(c)(7) of the Act that is advised or sponsored by a Fund of (‘‘disinterested directors or trustees’’), acquiring company to own more than will find that the advisory fees charged 3% of the acquired company’s voting Funds Adviser or Sponsor, or any person controlling, controlled by, or under the contract are based on services stock, or if the sale will cause more than provided that will be in addition to, 10% of the acquired company’s voting under common control with a Fund of Funds Adviser or Sponsor (‘‘Fund of rather than duplicative of, services stock to be owned by investment provided under the advisory contract of companies generally. Funds Advisory Group’’) from controlling (individually or in the any Fund in which the Investing 11. Applicants request an exemption Management Company may invest. In to permit registered management aggregate) a Fund within the meaning of section 2(a)(9) of the Act. The same addition, under condition B.5., a Fund investment companies and unit of Funds Adviser, or a Fund of Funds’ investment trusts (‘‘UITs’’) that are not prohibition would apply to any Fund of Funds Sub-Adviser, any person trustee or Sponsor, as applicable, will advised or sponsored by the Adviser, waive fees otherwise payable to it by the and not part of the same ‘‘group of controlling, controlled by or under common control with the Fund of Fund of Funds in an amount at least investment companies,’’ as defined in equal to any compensation (including section 12(d)(1)(G)(ii) of the Act as the Funds Sub-Adviser, and any investment company or issuer that would be an fees received pursuant to any plan Funds (such management investment adopted by a Fund under rule 12b–1 companies are referred to as ‘‘Investing investment company but for sections 3(c)(1) or 3(c)(7) of the Act (or portion under the Act) received from a Fund by Management Companies,’’ such UITs the Fund of Funds Adviser, trustee or are referred to as ‘‘Investing Trusts,’’ of such investment company or issuer) advised or sponsored by the Fund of Sponsor or an affiliated person of the and Investing Management Companies Fund of Funds Adviser, trustee or and Investing Trusts are collectively Funds Sub-Adviser or any person controlling, controlled by or under Sponsor, other than any advisory fees referred to as ‘‘Funds of Funds’’), to paid to the Fund of Funds Adviser, acquire Shares beyond the limits of common control with the Fund of Funds Sub-Adviser (‘‘Fund of Funds trustee or Sponsor or its affiliated section 12(d)(1)(A) of the Act; and the person by a Fund, in connection with Funds, and any principal underwriter Sub-Advisory Group’’). 15. Applicants propose other the investment by the Fund of Funds in for the Funds, and/or any Broker conditions to limit the potential for the Fund. Applicants state that any sales registered under the Exchange Act, to undue influence over the Funds, charges and/or service fees charged with sell Shares to Funds of Funds beyond including that no Fund of Funds or respect to shares of a Fund of Funds the limits of section 12(d)(1)(B) of the Fund of Funds Affiliate (except to the will not exceed the limits applicable to Act. a fund of funds as set forth in NASD 12. Each Investing Management extent it is acting in its capacity as an investment adviser to a Fund) will cause Conduct Rule 2830.25 Company will be advised by an 17. Applicants submit that the investment adviser within the meaning a Fund to purchase a security in an offering of securities during the proposed arrangement will not create an of section 2(a)(20)(A) of the Act (the overly complex fund structure. ‘‘Fund of Funds Adviser’’) and may be existence of an underwriting or selling syndicate of which a principal Applicants note that no Fund will sub-advised by investment advisers acquire securities of any investment within the meaning of section underwriter is an Underwriting Affiliate (‘‘Affiliated Underwriting’’). An company or company relying on section 2(a)(20)(B) of the Act (each, a ‘‘Fund of 3(c)(1) or 3(c)(7) of the Act in excess of Funds Sub-Adviser’’). Any investment ‘‘Underwriting Affiliate’’ is a principal underwriter in any underwriting or the limits contained in section adviser to an Investing Management 12(d)(1)(A) of the Act, except to the Company will be registered under the selling syndicate that is an officer, director, member of an advisory board, extent permitted by exemptive relief Advisers Act. Each Investing Trust will from the Commission permitting the be sponsored by a sponsor (‘‘Sponsor’’). 24 Fund to purchase shares of other 13. Applicants submit that the A ‘‘Fund of Funds Affiliate’’ is a Fund of Funds Adviser, Fund of Funds Sub-Adviser, Sponsor, investment companies for short-term proposed conditions to the requested promoter, and principal underwriter of a Fund of cash management purposes. To ensure a relief adequately address the concerns Funds, and any person controlling, controlled by, Fund of Funds is aware of the terms and underlying the limits in sections or under common control with any of those entities. A ‘‘Fund Affiliate’’ is an investment adviser, 12(d)(1)(A) and (B), which include promoter, or principal underwriter of a Fund and 25 Any references to NASD Conduct Rule 2830 concerns about undue influence by a any person controlling, controlled by or under include any successor or replacement FINRA rule fund of funds over underlying funds, common control with any of these entities. to NASD Conduct Rule 2830.

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conditions of the requested order, the Affiliated Funds making that investor a transactions. Applicants also note that Fund of Funds will enter into an Second-Tier Affiliate of the Funds. the ability to take deposits and make agreement with the Fund (‘‘FOF 20. Applicants request an exemption redemptions ‘‘in-kind’’ will help each Participation Agreement’’). The FOF from sections 17(a)(1) and 17(a)(2) of the Fund to track closely its Underlying Participation Agreement will include an Act pursuant to sections 6(c) and 17(b) Index and therefore aid in achieving the acknowledgement from the Fund of of the Act to permit persons that are Fund’s objectives. Funds that it may rely on the order only Affiliated Persons of the Funds, or 22. Applicants also seek relief under to invest in the Funds and not in any Second-Tier Affiliates of the Funds, sections 6(c) and 17(b) from section other investment company. solely by virtue of one or more of the 17(a) to permit a Fund that is an 18. Applicants also note that a Fund following: (a) Holding 5% or more, or in affiliated person, or an affiliated person may choose to reject a direct purchase excess of 25%, of the outstanding of an affiliated person, of a Fund of of Shares in Creation Units by a Fund Shares of one or more Funds; (b) an Funds to sell its Shares to and redeem of Funds. To the extent that a Fund of affiliation with a person with an its Shares from a Fund of Funds, and to Funds purchases Shares in the ownership interest described in (a); or engage in the accompanying in-kind secondary market, a Fund would still (c) holding 5% or more, or more than transactions with the Fund of Funds.26 retain its ability to reject any initial 25%, of the shares of one or more Applicants state that the terms of the investment by a Fund of Funds in Affiliated Funds, to effectuate purchases transactions are fair and reasonable and excess of the limits of section and redemptions ‘‘in-kind.’’ do not involve overreaching. Applicants 12(d)(1)(A) by declining to enter into a 21. Applicants assert that no useful note that any consideration paid by a FOF Participation Agreement with the purpose would be served by prohibiting Fund of Funds for the purchase or Fund of Funds. such affiliated persons from making ‘‘in- redemption of Shares directly from a kind’’ purchases or ‘‘in-kind’’ Sections 17(a)(1) and (2) of the Act Fund will be based on the NAV of the redemptions of Shares of a Fund in Fund.27 Applicants believe that any 19. Sections 17(a)(1) and (2) of the Act Creation Units. Both the deposit proposed transactions directly between generally prohibit an affiliated person of procedures for ‘‘in-kind’’ purchases of the Funds and Funds of Funds will be a registered investment company, or an Creation Units and the redemption consistent with the policies of each affiliated person of such a person, from procedures for ‘‘in-kind’’ redemptions of Fund of Funds. The purchase of selling any security to or purchasing any Creation Units will be effected in Creation Units by a Fund of Funds security from the company. Section exactly the same manner for all directly from a Fund will be 2(a)(3) of the Act defines ‘‘affiliated purchases and redemptions, regardless accomplished in accordance with the person’’ of another person to include (a) of size or number. There will be no investment restrictions of any such any person directly or indirectly discrimination between purchasers or Fund of Funds and will be consistent owning, controlling or holding with redeemers. Deposit Instruments and with the investment policies set forth in power to vote 5% or more of the Redemption Instruments for each Fund the Fund of Funds’ registration outstanding voting securities of the will be valued in the identical manner statement. Applicants also state that the other person, (b) any person 5% or more as those Portfolio Holdings currently of whose outstanding voting securities held by such Fund and the valuation of proposed transactions are consistent are directly or indirectly owned, the Deposit Instruments and with the general purposes of the Act and controlled or held with the power to Redemption Instruments will be made are appropriate in the public interest. vote by the other person, and (c) any in an identical manner regardless of the Applicants’ Conditions person directly or indirectly controlling, identity of the purchaser or redeemer. controlled by or under common control Applicants do not believe that ‘‘in-kind’’ Applicants agree that any order of the with the other person. Section 2(a)(9) of purchases and redemptions will result Commission granting the requested the Act defines ‘‘control’’ as the power in abusive self-dealing or overreaching, to exercise a controlling influence over but rather assert that such procedures 26 Although applicants believe that most Funds of Funds will purchase Shares in the secondary the management or policies of a will be implemented consistently with market and will not purchase Creation Units company, and provides that a control each Fund’s objectives and with the directly from a Fund, a Fund of Funds might seek relationship will be presumed where general purposes of the Act. Applicants to transact in Creation Units directly with a Fund one person owns more than 25% of a believe that ‘‘in-kind’’ purchases and that is an affiliated person of a Fund of Funds. To company’s voting securities. The Funds the extent that purchases and sales of Shares occur redemptions will be made on terms in the secondary market and not through principal may be deemed to be controlled by the reasonable to applicants and any transactions directly between a Fund of Funds and Adviser or an entity controlling, affiliated persons because they will be a Fund, relief from Section 17(a) would not be controlled by or under common control valued pursuant to verifiable objective necessary. However, the requested relief would with the Adviser and hence affiliated apply to direct sales of Shares in Creation Units by standards. The method of valuing a Fund to a Fund of Funds and redemptions of persons of each other. In addition, the Portfolio Holdings held by a Fund is those Shares. Applicants are not seeking relief from Funds may be deemed to be under identical to that used for calculating Section 17(a) for, and the requested relief will not common control with any other ‘‘in-kind’’ purchase or redemption apply to, transactions where a Fund could be registered investment company (or values and therefore creates no deemed an affiliated person, or an affiliated person of an affiliated person of a Fund of Funds because series thereof) advised by an Adviser or opportunity for affiliated persons or an Adviser or an entity controlling, controlled by an entity controlling, controlled by or Second-Tier Affiliates of applicants to or under common control with an Adviser provides under common control with an Adviser effect a transaction detrimental to the investment advisory services to that Fund of Funds. (an ‘‘Affiliated Fund’’). Any investor, other holders of Shares of that Fund. 27 Applicants acknowledge that the receipt of compensation by (a) an affiliated person of a Fund including Market Makers, owning 5% or Similarly, applicants submit that, by of Funds, or an affiliated person of such person, for holding in excess of 25% of the Trust or using the same standards for valuing the purchase by the Fund of Funds of Shares of a such Funds, may be deemed affiliated Portfolio Holdings held by a Fund as are Fund or (b) an affiliated person of a Fund, or an persons of the Trust or such Funds. In used for calculating ‘‘in-kind’’ affiliated person of such person, for the sale by the Fund of its Shares to a Fund of Funds, may be addition, an investor could own 5% or redemptions or purchases, the Fund prohibited by Section 17(e)(1) of the Act. The FOF more, or in excess of 25% of the will ensure that its NAV will not be Participation Agreement also will include this outstanding shares of one or more adversely affected by such securities acknowledgment.

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relief will be subject to the following voting securities of a Fund, it will vote compensation (including fees received conditions: its Shares of the Fund in the same pursuant to any plan adopted by a Fund proportion as the vote of all other under rule 12b-l under the Act) received A. ETF Relief holders of the Fund’s Shares. This from a Fund by the Fund of Funds 1. The requested relief to permit ETF condition does not apply to the Fund of Adviser, or trustee or Sponsor of the operations will expire on the effective Funds’ Sub-Advisory Group with Investing Trust, or an affiliated person date of any Commission rule under the respect to a Fund for which the Fund of of the Fund of Funds Adviser, or trustee Act that provides relief permitting the Funds’ Sub-Adviser or a person or Sponsor of the Investing Trust, other operation of index-based ETFs. controlling, controlled by or under than any advisory fees paid to the Fund 2. As long as a Fund operates in common control with the Fund of of Funds Adviser, or trustee or Sponsor reliance on the requested order, the Funds’ Sub-Adviser acts as the of an Investing Trust, or its affiliated Shares of such Fund will be listed on an investment adviser within the meaning person by the Fund, in connection with Exchange. of section 2(a)(20)(A) of the Act. the investment by the Fund of Funds in 3. Neither the Trust nor any Fund will 2. No Fund of Funds or Fund of the Fund. Any Fund of Funds Sub- be advertised or marketed as an open- Funds Affiliate will cause any existing Adviser will waive fees otherwise end investment company or a mutual or potential investment by the Fund of payable to the Fund of Funds Sub- fund. Any advertising material that Funds in a Fund to influence the terms Adviser, directly or indirectly, by the describes the purchase or sale of of any services or transactions between Investing Management Company in an Creation Units or refers to redeemability the Fund of Funds or Fund of Funds amount at least equal to any will prominently disclose that Shares Affiliate and the Fund or a Fund compensation received from a Fund by are not individually redeemable and Affiliate. the Fund of Funds Sub-Adviser, or an that owners of Shares may acquire those 3. The board of directors or trustees of affiliated person of the Fund of Funds Shares from the Fund and tender those an Investing Management Company, Sub-Adviser, other than any advisory Shares for redemption to a Fund in including a majority of the disinterested fees paid to the Fund of Funds Sub- Creation Units only. directors or trustees, will adopt Adviser or its affiliated person by the 4. The Web site, which is and will be procedures reasonably designed to Fund, in connection with the publicly accessible at no charge, will ensure that the Fund of Funds Adviser investment by the Investing contain, on a per Share basis for each and Fund of Funds Sub-Adviser are Management Company in the Fund Fund, the prior Business Day’s NAV and conducting the investment program of made at the direction of the Fund of the market closing price or the midpoint the Investing Management Company Funds Sub-Adviser. In the event that the of the bid/ask spread at the time of the without taking into account any Fund of Funds Sub-Adviser waives fees, calculation of such NAV (‘‘Bid/Ask consideration received by the Investing the benefit of the waiver will be passed Price’’), and a calculation of the Management Company or a Fund of through to the Investing Management premium or discount of the market Funds Affiliate from a Fund or Fund Company. closing price or Bid/Ask Price against Affiliate in connection with any services 6. No Fund of Funds or Fund of such NAV. or transactions. Funds Affiliate (except to the extent it 5. Each Self-Indexing Fund, Long/ 4. Once an investment by a Fund of is acting in its capacity as an investment Short Fund and 130/30 Fund will post Funds in the securities of a Fund adviser to a Fund) will cause a Fund to on the Web site on each Business Day, exceeds the limits in section purchase a security in any Affiliated before commencement of trading of 12(d)(1)(A)(i) of the Act, the Board of Underwriting. Shares on the Exchange, the Fund’s the Fund, including a majority of the 7. The Board of a Fund, including a Portfolio Holdings. directors or trustees who are not majority of the non-interested Board 6. No Adviser or any Sub-Adviser to ‘‘interested persons’’ within the members, will adopt procedures a Self-Indexing Fund, directly or meaning of Section 2(a)(19) of the Act reasonably designed to monitor any indirectly, will cause any Authorized (‘‘non-interested Board members’’), will purchases of securities by the Fund in Participant (or any investor on whose determine that any consideration paid an Affiliated Underwriting, once an behalf an Authorized Participant may by the Fund to the Fund of Funds or a investment by a Fund of Funds in the transact with the Self-Indexing Fund) to Fund of Funds Affiliate in connection securities of the Fund exceeds the limit acquire any Deposit Instrument for the with any services or transactions: (i) Is of section 12(d)(1)(A)(i) of the Act, Self-Indexing Fund through a fair and reasonable in relation to the including any purchases made directly transaction in which the Self-Indexing nature and quality of the services and from an Underwriting Affiliate. The Fund could not engage directly. benefits received by the Fund; (ii) is Board will review these purchases within the range of consideration that periodically, but no less frequently than B. Fund of Funds Relief the Fund would be required to pay to annually, to determine whether the 1. The members of a Fund of Funds’ another unaffiliated entity in connection purchases were influenced by the Advisory Group will not control with the same services or transactions; investment by the Fund of Funds in the (individually or in the aggregate) a Fund and (iii) does not involve overreaching Fund. The Board will consider, among within the meaning of section 2(a)(9) of on the part of any person concerned. other things: (i) Whether the purchases the Act. The members of a Fund of This condition does not apply with were consistent with the investment Funds’ Sub-Advisory Group will not respect to any services or transactions objectives and policies of the Fund; (ii) control (individually or in the aggregate) between a Fund and its investment how the performance of securities a Fund within the meaning of section adviser(s), or any person controlling, purchased in an Affiliated Underwriting 2(a)(9) of the Act. If, as a result of a controlled by or under common control compares to the performance of decrease in the outstanding voting with such investment adviser(s). comparable securities purchased during securities of a Fund, the Fund of Funds’ 5. The Fund of Funds Adviser, or a comparable period of time in Advisory Group or the Fund of Funds’ trustee or Sponsor of an Investing Trust, underwritings other than Affiliated Sub-Advisory Group, each in the as applicable, will waive fees otherwise Underwritings or to a benchmark such aggregate, becomes a holder of more payable to it by the Fund of Funds in as a comparable market index; and (iii) than 25 percent of the outstanding an amount at least equal to any whether the amount of securities

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purchased by the Fund in Affiliated directors or trustees, will find that the provided by an affiliated person to issue Underwritings and the amount advisory fees charged under such shares (‘‘Shares’’) redeemable in large purchased directly from an contract are based on services provided aggregations only (‘‘Creation Units’’); (b) Underwriting Affiliate have changed that will be in addition to, rather than secondary market transactions in Shares significantly from prior years. The duplicative of, the services provided to occur at negotiated market prices Board will take any appropriate actions under the advisory contract(s) of any rather than at net asset value (‘‘NAV’’); based on its review, including, if Fund in which the Investing (c) certain series to pay redemption appropriate, the institution of Management Company may invest. proceeds, under certain circumstances, procedures designed to ensure that These findings and their basis will be more than seven days after the tender of purchases of securities in Affiliated fully recorded in the minute books of Shares for redemption; (d) certain Underwritings are in the best interest of the appropriate Investing Management affiliated persons of the series to deposit shareholders of the Fund. Company. securities into, and receive securities 8. Each Fund will maintain and 11. Any sales charges and/or service from, the series in connection with the preserve permanently in an easily fees charged with respect to shares of a purchase and redemption of Creation accessible place a written copy of the Fund of Funds will not exceed the Units; (e) certain registered management procedures described in the preceding limits applicable to a fund of funds as investment companies and unit condition, and any modifications to set forth in NASD Conduct Rule 2830. investment trusts outside of the same such procedures, and will maintain and 12. No Fund will acquire securities of group of investment companies as the preserve for a period of not less than six an investment company or company series to acquire Shares; and (f) certain years from the end of the fiscal year in relying on section 3(c)(1) or 3(c)(7) of series to perform creations and which any purchase in an Affiliated the Act in excess of the limits contained redemptions of Creation Units in-kind Underwriting occurred, the first two in section 12(d)(1)(A) of the Act, except in a master-feeder structure. years in an easily accessible place, a to the extent the Fund acquires Applicants: Charles Schwab written record of each purchase of securities of another investment Investment Management, Inc. (‘‘CSIM’’ securities in Affiliated Underwritings company pursuant to exemptive relief or ‘‘Current Adviser’’), Schwab Strategic once an investment by a Fund of Funds from the Commission permitting the Trust (‘‘Trust’’), and SEI Investments in the securities of the Fund exceeds the Fund to acquire securities of one or Distribution Co. (‘‘SEI’’ or limit of section 12(d)(1)(A)(i) of the Act, more investment companies for short- ‘‘Distributor’’). setting forth from whom the securities term cash management purposes. were acquired, the identity of the DATES: Filing Dates: The application was underwriting syndicate’s members, the For the Commission, by the Division of filed on June 5, 2015 and amended on terms of the purchase, and the Investment Management, under delegated September 4, 2015 and December 24, authority. information or materials upon which 2015. the Board’s determinations were made. Robert W. Errett, Hearing or Notification of Hearing: An 9. Before investing in a Fund in Deputy Secretary. order granting the requested relief will excess of the limit in section [FR Doc. 2016–04722 Filed 3–3–16; 8:45 am] be issued unless the Commission orders 12(d)(1)(A), a Fund of Funds and the BILLING CODE 8011–01–P a hearing. Interested persons may Trust will execute a FOF Participation request a hearing by writing to the Agreement stating, without limitation, Commission’s Secretary and serving that their respective boards of directors SECURITIES AND EXCHANGE applicants with a copy of the request, or trustees and their investment COMMISSION personally or by mail. Hearing requests advisers, or trustee and Sponsor, as [Investment Company Act Release No. should be received by the Commission applicable, understand the terms and 32014; File No. 812–14481] by 5:30 p.m. on March 24, 2016, and conditions of the order, and agree to should be accompanied by proof of fulfill their responsibilities under the Charles Schwab Investment service on applicants, in the form of an order. At the time of its investment in Management, Inc., et al.; Notice of affidavit, or for lawyers, a certificate of Shares of a Fund in excess of the limit Application service. Pursuant to rule 0–5 under the in section 12(d)(1)(A)(i), a Fund of Act, hearing requests should state the Funds will notify the Fund of the February 29, 2016. nature of the writer’s interest, any facts investment. At such time, the Fund of AGENCY: Securities and Exchange bearing upon the desirability of a Funds will also transmit to the Fund a Commission (‘‘Commission’’). hearing on the matter, the reason for the list of the names of each Fund of Funds ACTION: Notice of an application for an request, and the issues contested. Affiliate and Underwriting Affiliate. The order under section 6(c) of the Persons who wish to be notified of a Fund of Funds will notify the Fund of Investment Company Act of 1940 (the hearing may request notification by any changes to the list of the names as ‘‘Act’’) for an exemption from sections writing to the Commission’s Secretary. soon as reasonably practicable after a 2(a)(32), 5(a)(1), 22(d), and 22(e) of the ADDRESSES: Secretary, Securities and change occurs. The Fund and the Fund Act and rule 22c–1 under the Act, under Exchange Commission, 100 F Street NE., of Funds will maintain and preserve a sections 6(c) and 17(b) of the Act for an Washington, DC 20549–1090; copy of the order, the FOF Participation exemption from sections 17(a)(1) and Applicants: CSIM and Trust, 211Main Agreement, and the list with any 17(a)(2) of the Act, and under section Street, SF211–05–491, San Francisco, updated information for the duration of 12(d)(1)(J) for an exemption from CA 94105; SEI, 1 Freedom Valley Drive, the investment and for a period of not sections 12(d)(1)(A) and 12(d)(1)(B) of Oaks, PA 19456. less than six years thereafter, the first the Act. two years in an easily accessible place. FOR FURTHER INFORMATION CONTACT: 10. Before approving any advisory SUMMARY: Summary of Application: Bruce R. MacNeil, Senior Counsel, at contract under section 15 of the Act, the Applicants request an order that would (202) 551–6817, or Daniele Marchesani, board of directors or trustees of each permit (a) series of certain open-end Branch Chief, at (202) 551–6821 Investing Management Company management investment companies that (Division of Investment Management, including a majority of the disinterested track the performance of an index Chief Counsel’s Office).

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SUPPLEMENTARY INFORMATION: The terms and conditions of the application. of its respective Underlying Index following is a summary of the The Initial Self-Indexing Fund and (‘‘Component Securities’’) and TBA application. The complete application Future Self-Indexing Funds, together, Transactions,3 and in the case of may be obtained via the Commission’s are the ‘‘Self-Indexing Funds.’’ 1 International and Global Funds, Web site by searching for the file 5. Applicants state that a Fund may Component Securities and Depositary number, or for an applicant using the operate as a feeder fund in a master- Receipts 4 representing Component Company name box, at http:// feeder structure (‘‘Feeder Fund’’). Securities. Each Self-Indexing Fund, or www.sec.gov/search/search.htm or by Applicants request that the order permit its respective Master Fund, may also calling (202) 551–8090. a Feeder Fund to acquire shares of invest up to 20% of its assets in another registered investment company securities and other instruments not Applicants’ Representations in the same group of investment included in its Underlying Index but 1. The Trust, a Delaware statutory companies having substantially the which the Adviser and/or Sub-Adviser trust, is registered under the Act as an same investment objectives as the believes will help the Self-Indexing open-end management investment Feeder Fund (‘‘Master Fund’’) beyond Fund, or its respective Master Fund, company with multiple series. the limitations in section 12(d)(1)(A) of track its Underlying Index, including 2. The Current Adviser is registered as the Act and permit the Master Fund, but not limited to certain index futures, an investment adviser under the and any principal underwriter for the options, options on futures, options on Investment Advisers Act of 1940 (the Master Fund, to sell shares of the Master index futures, swap contracts or other ‘‘Advisers Act’’) and will be the Fund to the Feeder Fund beyond the derivatives, cash and cash equivalents, investment adviser to the Self-Indexing limitations in section 12(d)(1)(B) of the and other investment companies. A Funds (defined below). Any other Act (‘‘Master-Feeder Relief’’). Self-Indexing Fund may also engage in Adviser (defined below) will also be Applicants may structure certain Feeder short sales in accordance with its registered as an investment adviser Funds to generate economies of scale investment objective. under the Advisers Act. The Adviser and incur lower overhead costs.2 There 8. The Trust may offer Self-Indexing may enter into sub-advisory agreements would be no ability by Fund Funds that seek to track Underlying with one or more investment advisers to shareholders to exchange Shares of Indexes constructed using 130/30 act as sub-advisers to particular Self- Feeder Funds for shares of another investment strategies (‘‘130/30 Funds’’) Indexing Funds (each, a ‘‘Sub- feeder series of the Master Fund. or other long/short investment strategies Adviser’’). Any Sub-Adviser will either 6. Each Self-Indexing Fund, or its (‘‘Long/Short Funds’’). Each 130/30 be registered under the Advisers Act or respective Master Fund, will hold Fund will include strategies that: (i) will not be subject to registration certain securities (‘‘Portfolio Establish long positions in securities so thereunder. Securities’’) selected to correspond that total long exposure represents 3. The Trust will enter into a generally to the performance of its approximately 130% of the Self- distribution agreement with one or more Underlying Index. Each Underlying Indexing Fund’s net assets; and (ii) distributors, each a broker-dealer Index will be comprised solely of simultaneously establish short positions (‘‘Broker’’) registered under the domestic and/or foreign equity and/or in other securities so that total short Securities Exchange Act of 1934 (the fixed income securities. Each Self- exposure represents approximately 30% ‘‘Exchange Act’’), who will act as Indexing Fund will track one of the of such Self-Indexing Fund’s net assets. distributor and principal underwriter of following types of Underlying Indexes: Each Long/Short Fund will obtain one or more of the Self-Indexing Funds (i) An index made up of domestic equity exposures equal to the long and short (each, a ‘‘Distributor’’). The Distributor securities and/or domestic fixed income positions specified by the Long/Short of any Self-Indexing Fund may be an securities, (ii) an index made up of Index.5 affiliated person, as defined in section foreign equity securities and/or foreign 9. A Self-Indexing Fund, or its 2(a)(3) of the Act (‘‘Affiliated Person’’), fixed income securities (such Funds, respective Master Fund, will utilize or an affiliated person of an Affiliated ‘‘International Funds’’), or (iii) an index either a replication or representative Person (‘‘Second-Tier Affiliate’’), of that made up of foreign and domestic equity Self-Indexing Fund’s Adviser and/or securities and/or foreign and domestic 3 A ‘‘to-be-announced transaction’’ or ‘‘TBA Sub-Advisers. No Distributor will be fixed income securities (such Funds, Transaction’’ is a method of trading mortgage- affiliated with any Exchange (defined backed securities. In a TBA Transaction, the buyer ‘‘Global Funds’’). and seller agree upon general trade parameters such below). 7. Applicants represent that each Self- as agency, settlement date, par amount and price. 4. Applicants request that the order Indexing Fund, or its respective Master The actual pools delivered generally are determined apply to the initial series of the Trust Fund, will invest at least 80% of its two days prior to settlement date. described in the application (‘‘Initial assets (excluding securities lending 4 Depositary receipts representing foreign Self-Indexing Fund’’), as well as any securities (‘‘Depositary Receipts’’) include collateral) in the component securities American Depositary Receipts and Global additional series of the Trust and other Depositary Receipts. The Self-Indexing Funds may open-end management investment 1 All existing entities that intend to rely on the invest in Depositary Receipts representing foreign companies, or series thereof, that may requested order have been named as applicants. securities in which they seek to invest. Depositary be created in the future (‘‘Future Self- Any other existing or future entity that Receipts are typically issued by a financial subsequently relies on the order will comply with institution (a ‘‘depositary bank’’) and evidence Indexing Funds’’), each of which will the terms and conditions of the order. A Fund of ownership interests in a security or a pool of operate as an exchange-traded fund Funds (as defined below) may rely on the order securities that have been deposited with the (‘‘ETF’’) and will track a specified only to invest in Self-Indexing Funds and not in depositary bank. A Self-Indexing Fund will not equity and/or a specified fixed income any other registered investment company. invest in any Depositary Receipts that the Adviser 2 Operating in a master-feeder structure could or any Sub-Adviser deems to be illiquid or for securities index (each, an ‘‘Underlying also impose costs on a Feeder Fund and reduce its which pricing information is not readily available. Index’’). Any Future Self-Indexing Fund tax efficiency. The Feeder Fund’s Board will No affiliated person of a Self-Indexing Fund, the will (a) be advised by the Current consider any such potential disadvantages against Adviser or any Sub-Adviser will serve as the Adviser or an entity controlling, the benefits of economies of scale and other benefits depositary bank for any Depositary Receipts held by of operating within a master-feeder structure. In a a Self-Indexing Fund. controlled by, or under common control master-feeder structure, the Master Fund—rather 5 Underlying Indexes that include both long and with the Current Adviser (each, an than the Feeder Fund—would generally invest its short positions in securities are referred to as ‘‘Adviser’’) and (b) comply with the portfolio in compliance with the requested order. ‘‘Long/Short Indexes.’’

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sampling strategy to track its Underlying 11. Applicants recognize that Self- its NAV at the end of the Business Index. A Self-Indexing Fund, or its Indexing Funds could raise concerns Day.11 Applicants believe that requiring respective Master Fund, using a regarding the ability of the Affiliated Self-Indexing Funds, or their respective replication strategy will invest in the Index Provider to manipulate the Master Funds, to maintain full portfolio Component Securities of its Underlying Underlying Index to the benefit or transparency will provide an effective Index in the same approximate detriment of the Self-Indexing Fund. alternative mechanism for addressing proportions as in such Underlying Applicants further recognize the any such potential conflicts of interest. Index. A Self-Indexing Fund, or its potential for conflicts that may arise 13. Applicants represent that each respective Master Fund, using a with respect to the personal trading Self-Indexing Fund’s Portfolio Holdings representative sampling strategy will activity of personnel of the Affiliated will be as transparent as the portfolio hold some, but not necessarily all of the Index Provider who have knowledge of holdings of existing actively managed Component Securities of its Underlying changes to an Underlying Index prior to ETFs. Applicants observe that the Index. Applicants state that a Self- the time that information is publicly framework set forth in the Prior Self- Indexing Fund, or its respective Master disseminated. Prior orders granted to Indexing Orders was established before Fund, using a representative sampling self-indexing ETFs (‘‘Prior Self-Indexing the Commission began issuing strategy will not be expected to track the Orders’’) addressed these concerns by exemptive relief to allow the offering of performance of its Underlying Index creating a framework that required: (i) actively-managed ETFs.12 Unlike with the same degree of accuracy as Transparency of the Underlying passively-managed ETFs, actively- would an investment vehicle that Indexes; (ii) the adoption of policies and managed ETFs do not seek to replicate invested in every Component Security procedures not otherwise required by the performance of a specified index but of the Underlying Index with the same the Act designed to mitigate such rather seek to achieve their investment weighting as the Underlying Index. conflicts of interest; (iii) limitations on objectives by using an ‘‘active’’ Applicants expect that each Self- the ability to change the rules for index management strategy. Applicants Indexing Fund, or its respective Master compilation and the component contend that the structure of actively Fund, will have an annual tracking error securities of the index; (iv) that the managed ETFs presents potential relative to the performance of its index provider enter into an agreement conflicts of interest that are the same as Underlying Index of less than 5%. with an unaffiliated third party to act as those presented by Self-Indexing Funds 10. An Affiliated Person, or a Second- ‘‘Calculation Agent’’; and (v) certain because the portfolio managers of an Tier Affiliate, of the Trust or a Self- limitations designed to separate actively managed ETF by definition Indexing Fund, of the Adviser, of any employees of the index provider, have advance knowledge of pending Sub-Adviser to or promoter of a Self- adviser and Calculation Agent (clauses portfolio changes. However, rather than Indexing Fund, or of the Distributor (ii) through (v) are hereinafter referred requiring Policies and Procedures 6 (each, an ‘‘Affiliated Index Provider’’) to as ‘‘Policies and Procedures’’).9 similar to those required under the Prior will create a proprietary, rules-based 12. Instead of adopting the same or Self-Indexing Orders, applicants believe methodology to create Underlying similar Policies and Procedures, that actively managed ETFs address Indexes.7 The Affiliated Index Provider applicants propose that each day that a these potential conflicts of interest will create, compile, sponsor or Self-Indexing Fund, the NYSE and the appropriately through full portfolio maintain the Underlying Indexes. Each national securities exchange (as defined transparency, as the conditions to their Self-Indexing Fund will be entitled to in section 2(a)(26) of the Act) (an relevant exemptive relief require. use its Underlying Index pursuant to a ‘‘Exchange’’)) on which the Self- 14. In addition, applicants do not licensing agreement with the Affiliated Indexing Fund’s Shares are primarily believe the potential for conflicts of 8 Index Provider. listed (‘‘Listing Exchange’’) are open for interest raised by the Adviser’s use of business, including any day that a Self- the Underlying Indexes in connection 6 The applicants currently expect that the Adviser Indexing Fund is required to be open with the management of the Self- will serve as the Affiliated Index Provider for the under section 22(e) of the Act (a Indexing Funds, their respective Master Self-Indexing Funds. In the event that the Adviser Funds, and the Affiliated Accounts will serves as the Affiliated Index Provider for a Self- ‘‘Business Day’’), each Self-Indexing Indexing Fund, the term ‘‘Affiliated Index Fund will post on its publicly available be substantially different from the Provider,’’ with respect to that Self-Indexing Fund, potential conflicts presented by an Web site (‘‘Web site’’),10 before will refer to the employees of the Adviser that are adviser managing two or more registered commencement of trading of Shares on responsible for creating, compiling and maintaining funds. Both the Act and the Advisers the relevant Underlying Index. the Listing Exchange, the identities and 7 The Underlying Indexes may be made available quantities of the portfolio securities, 11 Under accounting procedures followed by each to registered investment companies, as well as assets, and other positions held by the separately managed accounts of institutional Self-Indexing Fund, trades made on the prior investors and privately offered funds that are not Self-Indexing Fund (‘‘Portfolio Business Day (‘‘T’’) will be booked and reflected in deemed to be ‘‘investment companies’’ in reliance Holdings’’) that will form the basis for NAV on the current Business Day (‘‘T+1’’). on section 3(c)(1) or 3(c)(7) of the Act for which the the Self-Indexing Fund’s calculation of Accordingly, the Self-Indexing Funds will be able Adviser acts as adviser or sub-adviser (‘‘Affiliated to disclose at the beginning of each Business Day Accounts’’) as well as other such registered the portfolio that will form the basis for the NAV investment companies, separately managed must provide the use of the Underlying Indexes and calculation at the end of that Business Day. accounts and privately offered funds for which it related intellectual property at no cost to the Trust 12 See, e.g., In the Matter of Huntington Asset does not act either as adviser or sub-adviser and the Self-Indexing Funds. Advisors, Inc., et al., Investment Company Act (‘‘Unaffiliated Accounts’’). The Affiliated Accounts 9 See, e.g., In the Matter of WisdomTree Release Nos. 30032 (April 10, 2012) (notice) and and the Unaffiliated Accounts, like the Self- Investments Inc., et al., Investment Company Act 30061 (May 8, 2012) (order); In the Matter of Russell Indexing Funds, would seek to track the Release Nos. 27324 (May 18, 2006) (notice) and Investment Management Co., et al., Investment performance of one or more Underlying Index(es) 27391 (June 12, 2006) (order); In the Matter of Company Act Release Nos. 29655 (April 20, 2011) by investing in the constituents of such Underlying IndexIQ ETF Trust, et al., Investment Company Act (notice) and 29671 (May 16, 2011) (order); In the Indexes or a representative sample of such Release Nos. 28638 (Feb. 27, 2009) (notice) and Matter of Eaton Vance Management, et al., constituents of the Underlying Index. Consistent 28653 (March 20, 2009) (order); and Van Eck Investment Company Act Release Nos. 29591 with the relief requested from section 17(a), the Associates Corporation, et al., Investment Company (March 11, 2011) (notice) and 29620 (March 30, Affiliated Accounts will not engage in Creation Unit Act Release Nos. 29455 (Oct. 1, 2010) (notice) and 2011) (order) and; In the Matter of iShares Trust, et transactions with a Self-Indexing Fund. 29490 (Oct. 26, 2010) (order). al., Investment Company Act Release Nos. 29543 8 The licenses for the Self-Indexing Funds will 10 The information provided on the Web site will (Dec. 27, 2010) (notice) and 29571 (Jan. 24, 2011) specifically state that the Affiliated Index Provider be formatted to be reader-friendly. (order).

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Act contain various protections to ADV a discussion of its relationship to constitute the Redemption Instruments address conflicts of interest where an any Affiliated Index Provider and any will be identical, unless the Self- adviser is managing two or more material conflicts of interest resulting Indexing Fund is Rebalancing (as registered funds and these protections therefrom, regardless of whether the defined below). In addition, the Deposit will also help address these conflicts Affiliated Index Provider is a type of Instruments and the Redemption with respect to the Self-Indexing affiliate specified in Item 10. Instruments will each correspond pro Funds.13 16. To the extent the Self-Indexing rata to the positions in the Self-Indexing 15. The Adviser and any Sub-Adviser Funds or their respective Master Funds Fund’s portfolio (including cash has adopted or will adopt, pursuant to transact with an Affiliated Person of the positions) 17 except: (a) In the case of Rule 206(4)–7 under the Advisers Act, Adviser or Sub-Adviser, such bonds, for minor differences when it is written policies and procedures transactions will comply with the Act, impossible to break up bonds beyond designed to prevent violations of the the rules thereunder and the terms and certain minimum sizes needed for Advisers Act and the rules thereunder. conditions of the requested order. In transfer and settlement; (b) for minor These include policies and procedures this regard, each Self-Indexing Fund’s differences when rounding is necessary designed to minimize potential conflicts board of directors or trustees (‘‘Board’’) to eliminate fractional shares or lots that of interest among the Self-Indexing will periodically review the Self- are not tradeable round lots; 18 (c) TBA Funds, their respective Master Funds, Indexing Fund’s use of an Affiliated Transactions, short positions, and the Affiliated Accounts, such as Index Provider. Subject to the approval derivatives and other positions that cross trading policies, as well as those of the Self-Indexing Fund’s Board, the cannot be transferred in kind 19 will be designed to ensure the equitable Adviser, Affiliated Persons of the excluded from the Deposit Instruments allocation of portfolio transactions and Adviser (‘‘Adviser Affiliates’’) and and the Redemption Instruments; 20(d) brokerage commissions. In addition, the Affiliated Persons of any Sub-Adviser to the extent the Self-Indexing Fund Adviser has adopted policies and (‘‘Sub-Adviser Affiliates’’) may be determines, on a given Business Day, to procedures as required under section authorized to provide custody, fund use a representative sampling of the 204A of the Advisers Act, which are accounting and administration and Self-Indexing Fund’s portfolio; 21 or (e) reasonably designed in light of the transfer agency services to the Self- for temporary periods, to effect changes nature of its business to prevent the Indexing Funds. Any services provided in the Self-Indexing Fund’s portfolio as misuse, in violation of the Advisers Act by the Adviser, Adviser Affiliates, Sub- a result of the rebalancing of its or the Exchange Act or the rules Adviser and Sub-Adviser Affiliates will Underlying Index (any such change, a thereunder, of material non-public be performed in accordance with the ‘‘Rebalancing’’). If there is a difference information by the Adviser or an provisions of the Act, the rules under between the NAV attributable to a associated person (‘‘Inside Information the Act and any relevant guidelines Creation Unit and the aggregate market Policy’’). Any Sub-Adviser will be from the staff of the Commission. value of the Deposit Instruments or required to adopt and maintain a similar 17. In light of the foregoing, Redemption Instruments exchanged for Inside Information Policy and Code of applicants believe it is appropriate to the Creation Unit, the party conveying Ethics.14 In accordance with the Code of allow the Self-Indexing Funds to be instruments with the lower value will Ethics and Inside Information Policy of fully transparent in lieu of Policies and also pay to the other an amount in cash the Adviser and Sub-Advisers, Procedures from the Prior Self-Indexing equal to that difference (the ‘‘Cash personnel of those entities with Orders discussed above. Amount’’). knowledge about the composition of the 18. The Shares of each Self-Indexing 19. Purchases and redemptions of Portfolio Deposit 15 will be prohibited Fund will be purchased and redeemed Creation Units may be made in whole or from disclosing such information to any in Creation Units and generally on an in part on a cash basis, rather than in other person, except as authorized in in-kind basis. Except where the kind, solely under the following the course of their employment, until purchase or redemption will include circumstances: (a) To the extent there is such information is made public. In cash under the limited circumstances a Cash Amount; (b) if, on a given addition, no Affiliated Index Provider specified below, purchasers will be Business Day, the Self-Indexing Fund will provide any information relating to required to purchase Creation Units by announces before the open of trading changes to an Underlying Index’s making an in-kind deposit of specified that all purchases, all redemptions or all methodology for the inclusion or instruments (‘‘Deposit Instruments’’), purchases and redemptions on that day exclusion of component securities, or and shareholders redeeming their will be made entirely in cash; (c) if, methodology for the calculation or the Shares will receive an in-kind transfer return of component securities, in of specified instruments (‘‘Redemption 17 The portfolio used for this purpose will be the 16 same portfolio used to calculate the Self-Indexing advance of a public announcement of Instruments’’). On any given Business Fund’s NAV for the Business Day. such changes by such Affiliated Index Day, the names and quantities of the 18 A tradeable round lot for a security will be the Provider. The Adviser will also include instruments that constitute the Deposit standard unit of trading in that particular type of under Item 10.C. of Part 2 of its Form Instruments and the names and security in its primary market. 19 This includes instruments that can be quantities of the instruments that transferred in kind only with the consent of the 13 See, e.g., rule 17j–1 under the Act and section original counterparty to the extent the Self-Indexing 204A under the Advisers Act and rules 204A–1 and 16 The Self-Indexing Funds must comply with the Fund does not intend to seek such consents. 206(4)–7 under the Advisers Act. federal securities laws in accepting Deposit 20 Because these instruments will be excluded 14 The Adviser has also adopted or will adopt a Instruments and satisfying redemptions with from the Deposit Instruments and the Redemption code of ethics pursuant to rule 17j–1 under the Act Redemption Instruments, including that the Deposit Instruments, their value will be reflected in the and rule 204A–1 under the Advisers Act, which Instruments and Redemption Instruments are sold determination of the Cash Amount (defined below). contains provisions reasonably necessary to prevent in transactions that would be exempt from 21 A Self-Indexing Fund may only use sampling Access Persons (as defined in rule 17j–1) from registration under the Securities Act of 1933 for this purpose if the sample: (i) Is designed to engaging in any conduct prohibited in rule 17j–1 (‘‘Securities Act’’). In accepting Deposit Instruments generate performance that is highly correlated to the (‘‘Code of Ethics’’). and satisfying redemptions with Redemption performance of the Self-Indexing Fund’s portfolio; 15 The instruments and cash that the purchaser is Instruments that are restricted securities eligible for (ii) consists entirely of instruments that are already required to deliver in exchange for the Creation resale pursuant to rule 144A under the Securities included in the Self-Indexing Fund’s portfolio; and Units it is purchasing is referred to as the ‘‘Portfolio Act, the Self-Indexing Funds will comply with the (iii) is the same for all Authorized Participants Deposit.’’ conditions of rule 144A. (defined below) on a given Business Day.

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upon receiving a purchase or broker-dealer or other participant in the cases, such Transaction Fees will be redemption order from an Authorized Continuous Net Settlement System of limited in accordance with Participant, the Self-Indexing Fund the NSCC, a clearing agency registered requirements of the Commission determines to require the purchase or with the Commission, or (2) a applicable to management investment redemption, as applicable, to be made participant in The Depository Trust companies offering redeemable entirely in cash; 22 (d) if, on a given Company (‘‘DTC’’) (‘‘DTC Participant’’), securities. Since the Transaction Fees Business Day, the Self-Indexing Fund which, in either case, has signed a are intended to defray the transaction requires all Authorized Participants participant agreement with the expenses as well as to prevent possible purchasing or redeeming Shares on that Distributor. The Distributor will be shareholder dilution resulting from the day to deposit or receive (as applicable) responsible for transmitting the orders purchase or redemption of Creation cash in lieu of some or all of the Deposit to the Self-Indexing Funds and will Units, the Transaction Fees will be Instruments or Redemption Instruments, furnish to those placing such orders borne only by such purchasers or respectively, solely because: (i) Such confirmation that the orders have been redeemers.25 The Distributor will be instruments are not eligible for transfer accepted, but applicants state that the responsible for delivering the Self- through either the NSCC or DTC Distributor may reject any order which Indexing Fund’s prospectus to those (defined below); or (ii) in the case of is not submitted in proper form. persons acquiring Shares in Creation International and Global Funds holding 21. Each Business Day, before the Units and for maintaining records of non-U.S. investments, such instruments open of trading on the Listing Exchange, both the orders placed with it and the are not eligible for trading due to local each Self-Indexing Fund will cause to confirmations of acceptance furnished trading restrictions, local restrictions on be published through the NSCC the by it. In addition, the Distributor will securities transfers or other similar names and quantities of the instruments maintain a record of the instructions circumstances; or (e) if the Self-Indexing comprising the Deposit Instruments and given to the applicable Fund to Fund permits an Authorized Participant the Redemption Instruments, as well as implement the delivery of its Shares. to deposit or receive (as applicable) cash the estimated Cash Amount (if any), for 23. Shares of each Self-Indexing Fund in lieu of some or all of the Deposit that day. The list of Deposit Instruments will be listed and traded individually on Instruments or Redemption Instruments, and Redemption Instruments will apply respectively, solely because: (i) Such until a new list is announced on the an Exchange. It is expected that one or instruments are, in the case of the following Business Day, and there will more member firms of an Exchange will purchase of a Creation Unit, not be no intra-day changes to the list be designated to act as a market maker available in sufficient quantity; (ii) such except to correct errors in the published (each, a ‘‘Market Maker’’) and maintain instruments are not eligible for trading list. Each Listing Exchange will a market for Shares trading on the by an Authorized Participant or the disseminate, every 15 seconds during Exchange. Prices of Shares trading on an investor on whose behalf the regular Exchange trading hours, through Exchange will be based on the current Authorized Participant is acting; or (iii) the facilities of the Consolidated Tape bid/offer market. Transactions involving a holder of Shares of an International Association, an amount for each Self- the sale of Shares on an Exchange will Fund or Global Fund holding non-U.S. Indexing Fund stated on a per be subject to customary brokerage investments would be subject to individual Share basis representing the commissions and charges. unfavorable income tax treatment if the sum of (i) the estimated Cash Amount 24. Applicants expect that purchasers holder receives redemption proceeds in and (ii) the current value of the Portfolio of Creation Units will include kind.23 Securities and other assets of the Self- institutional investors and arbitrageurs. 20. Creation Units will consist of Indexing Fund. Market Makers, acting in their roles to specified large aggregations of Shares, 22. Transaction expenses, including provide a fair and orderly secondary e.g., at least 25,000 Shares, and it is operational processing and brokerage market for the Shares, may from time to expected that the initial price of a costs, will be incurred by a Self- time find it appropriate to purchase or Creation Unit will range from $1 million Indexing Fund when investors purchase redeem Creation Units. Applicants to $15 million. All orders to purchase or redeem Creation Units in-kind and expect that secondary market Creation Units must be placed with the such costs have the potential to dilute purchasers of Shares will include both Distributor by or through an the interests of the Self-Indexing Fund’s institutional and retail investors.26 The ‘‘Authorized Participant’’ which is existing shareholders. Each Self- price at which Shares trade will be either (1) a ‘‘Participating Party,’’ i.e., a Indexing Fund may (but is not required disciplined by arbitrage opportunities to) impose purchase or redemption created by the option continually to 22 In determining whether a particular Self- transaction fees (‘‘Transaction Fees’’) in purchase or redeem Shares in Creation Indexing Fund will sell or redeem Creation Units entirely on a cash or in-kind basis (whether for a connection with effecting such Units, which should help prevent given day or a given order), the key consideration purchases or redemptions of Creation Shares from trading at a material will be the benefit that would accrue to the Self- Units. With respect to Feeder Funds, the discount or premium in relation to their Indexing Fund and its investors. For instance, in Transaction Fee would be paid NAV. bond transactions, the Adviser may be able to 24 obtain better execution than Share purchasers indirectly to the Master Fund. In all because of the Adviser’s size, experience and 25 Where a Self-Indexing Fund permits an in-kind potentially stronger relationships in the fixed 24 Applicants are not requesting relief from purchaser (or redeeming investor) to substitute (or income markets. Purchases of Creation Units either section 18 of the Act. Accordingly, a Master Fund receive) cash-in-lieu of depositing one or more of on an all cash basis or in-kind are expected to be may require a Transaction Fee payment to cover the requisite Deposit Instruments (or receiving one neutral to the Self-Indexing Funds from a tax expenses related to purchases or redemptions of the or more Portfolio Securities), the purchaser (or perspective. In contrast, cash redemptions typically Master Fund’s shares by a Feeder Fund only if it redeeming investor) may be assessed a higher require selling portfolio holdings, which may result requires the same payment for equivalent purchases Transaction Fee to cover the cost of purchasing in adverse tax consequences for the remaining Self- or redemptions by any other feeder fund. Thus, for such Deposit Instruments (or selling such Portfolio Indexing Fund shareholders that would not occur example, a Master Fund may require payment of a Securities). with an in-kind redemption. As a result, tax Transaction Fee by a Feeder Fund for transactions 26 Shares will be registered in book-entry form consideration may warrant in-kind redemptions. for 20,000 or more shares so long as it requires only. DTC or its nominee will be the record or 23 A ‘‘custom order’’ is any purchase or payment of the same Transaction Fee by all feeder registered owner of all outstanding Shares. redemption of Shares made in whole or in part on funds for transactions involving 20,000 or more Beneficial ownership of Shares will be shown on a cash basis in reliance on clause (e)(i) or (e)(ii). shares. the records of DTC or the DTC Participants.

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25. Shares will not be individually concerned, and the proposed 1 under the Act. Applicants request an redeemable, and owners of Shares may transaction is consistent with the exemption under section 6(c) from these acquire those Shares from the Self- policies of the registered investment provisions. Indexing Fund, or tender such Shares company and the general provisions of 5. Applicants assert that the concerns for redemption to the Self-Indexing the Act. Section 12(d)(1)(J) of the Act sought to be addressed by section 22(d) Fund, in Creation Units only. To provides that the Commission may of the Act and rule 22c–1 under the Act redeem, an investor must accumulate exempt any person, security, or with respect to pricing are equally enough Shares to constitute a Creation transaction, or any class or classes of satisfied by the proposed method of Unit. Redemption requests must be persons, securities or transactions, from pricing Shares. Applicants maintain that placed through an Authorized any provisions of section 12(d)(1) if the while there is little legislative history Participant. A redeeming investor may exemption is consistent with the public regarding section 22(d), its provisions, pay a Transaction Fee, calculated in the interest and the protection of investors. as well as those of rule 22c–1, appear to same manner as a Transaction Fee have been designed to (a) prevent payable in connection with purchases of Sections 5(a)(1) and 2(a)(32) of the Act dilution caused by certain riskless- Creation Units. 3. Section 5(a)(1) of the Act defines an trading schemes by principal 26. Neither the Trust nor any Self- ‘‘open-end company’’ as a management underwriters and contract dealers, (b) Indexing Fund will be advertised or investment company that is offering for prevent unjust discrimination or marketed or otherwise held out as a sale or has outstanding any redeemable preferential treatment among buyers, traditional open-end investment security of which it is the issuer. and (c) ensure an orderly distribution of company or a ‘‘mutual fund.’’ Instead, Section 2(a)(32) of the Act defines a investment company shares by each such Self-Indexing Fund will be redeemable security as any security, eliminating price competition from marketed as an ‘‘ETF.’’ All marketing other than short-term paper, under the dealers offering shares at less than the materials that describe the features or terms of which the owner, upon its published sales price and repurchasing method of obtaining, buying or selling presentation to the issuer, is entitled to shares at more than the published Creation Units, or Shares traded on an receive approximately a proportionate redemption price. Exchange, or refer to redeemability, will share of the issuer’s current net assets, 6. Applicants believe that none of prominently disclose that Shares are not or the cash equivalent. Because Shares these purposes will be thwarted by individually redeemable and will will not be individually redeemable, permitting Shares to trade in the disclose that the owners of Shares may applicants request an order that would secondary market at negotiated prices. acquire those Shares from the Self- permit the Self-Indexing Funds to Applicants state that (a) secondary Indexing Fund or tender such Shares for register as open-end management market trading in Shares does not redemption to the Self-Indexing Fund in investment companies and issue Shares involve a Self-Indexing Fund as a party Creation Units only. The Self-Indexing that are redeemable in Creation Units and will not result in dilution of an Funds will provide copies of their only.27 Applicants state that investors investment in Shares, and (b) to the annual and semi-annual shareholder may purchase Shares in Creation Units extent different prices exist during a reports to DTC Participants for and redeem Creation Units from each given trading day, or from day to day, distribution to beneficial owners of Self-Indexing Fund. Applicants further such variances occur as a result of third- Shares. state that because Creation Units may party market forces, such as supply and demand. Therefore, applicants assert Applicants’ Legal Analysis always be purchased and redeemed at NAV, the price of Shares on the that secondary market transactions in 1. Applicants request an order under secondary market should not vary Shares will not lead to discrimination or section 6(c) of the Act for an exemption preferential treatment among materially from NAV. from sections 2(a)(32), 5(a)(1), 22(d), and purchasers. Finally, applicants contend 22(e) of the Act and rule 22c–1 under Section 22(d) of the Act and Rule 22c– that the price at which Shares trade will the Act, under section 12(d)(1)(J) of the 1 Under the Act be disciplined by arbitrage Act for an exemption from sections 4. Section 22(d) of the Act, among opportunities created by the option 12(d)(1)(A) and (B) of the Act, and other things, prohibits a dealer from continually to purchase or redeem under sections 6(c) and 17(b) of the Act selling a redeemable security that is Shares in Creation Units, which should for an exemption from sections 17(a)(1) currently being offered to the public by help prevent Shares from trading at a and 17(a)(2) of the Act. or through an underwriter, except at a material discount or premium in 2. Section 6(c) of the Act provides that relation to their NAV. the Commission may exempt any current public offering price described person, security or transaction, or any in the prospectus. Rule 22c–1 under the Section 22(e) class of persons, securities or Act generally requires that a dealer 7. Section 22(e) of the Act generally transactions, from any provision of the selling, redeeming or repurchasing a prohibits a registered investment Act, if and to the extent that such redeemable security do so only at a company from suspending the right of exemption is necessary or appropriate price based on its NAV. Applicants state redemption or postponing the date of in the public interest and consistent that secondary market trading in Shares payment of redemption proceeds for with the protection of investors and the will take place at negotiated prices, not more than seven days after the tender of purposes fairly intended by the policy at a current offering price described in a security for redemption. Applicants and provisions of the Act. Section 17(b) a Self-Indexing Fund’s prospectus, and state that settlement of redemptions for of the Act authorizes the Commission to not at a price based on NAV. Thus, International and Global Funds will be exempt a proposed transaction from purchases and sales of Shares in the contingent not only on the settlement section 17(a) of the Act if evidence secondary market will not comply with cycle of the United States market, but establishes that the terms of the section 22(d) of the Act and rule 22c– also on current delivery cycles in local transaction, including the consideration markets for underlying foreign Portfolio 27 The Master Funds will not require relief from to be paid or received, are reasonable sections 2(a)(32) and 5(a)(1) because the Master Securities held by an International Fund and fair and do not involve Funds will issue individually redeemable or Global Fund. Applicants state that overreaching on the part of any person securities. the delivery cycles currently practicable

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for transferring Redemption Instruments stock, or if the sale will cause more than prohibiting a Fund of Funds Adviser or to redeeming investors, coupled with 10% of the acquired company’s voting Sponsor, any person controlling, local market holiday schedules, may stock to be owned by investment controlled by, or under common control require a delivery process of up to companies generally. with a Fund of Funds Adviser or fifteen (15) calendar days.28 11. Applicants request an exemption Sponsor, and any investment company Accordingly, with respect to to permit registered management and any issuer that would be an International and Global Funds only, investment companies and unit investment company but for sections applicants hereby request relief under investment trusts (‘‘UITs’’) that are not 3(c)(1) or 3(c)(7) of the Act that is section 6(c) from the requirement advised or sponsored by the Adviser, advised or sponsored by a Fund of imposed by section 22(e) to allow and not part of the same ‘‘group of Funds Adviser or Sponsor, or any International and Global Funds to pay investment companies,’’ as defined in person controlling, controlled by, or redemption proceeds within fifteen section 12(d)(1)(G)(ii) of the Act as the under common control with a Fund of calendar days following the tender of Self-Indexing Funds (such management Funds Adviser or Sponsor (‘‘Fund of Creation Units for redemption.29 investment companies are referred to as Funds Advisory Group’’) from 8. Applicants believe that Congress ‘‘Investing Management Companies,’’ controlling (individually or in the adopted section 22(e) to prevent such UITs are referred to as ‘‘Investing aggregate) a Self-Indexing Fund within unreasonable, undisclosed or Trusts,’’ and Investing Management the meaning of section 2(a)(9) of the Act. unforeseen delays in the actual payment Companies and Investing Trusts are The same prohibition would apply to of redemption proceeds. Applicants collectively referred to as ‘‘Funds of any Fund of Funds Sub-Adviser, any propose that allowing redemption Funds’’), to acquire Shares beyond the person controlling, controlled by or payments for Creation Units of an limits of section 12(d)(1)(A) of the Act; under common control with the Fund of International Fund or Global Fund to be and the Self-Indexing Funds, and any Funds Sub-Adviser, and any investment made within fifteen calendar days principal underwriter for the Self- company or issuer that would be an would not be inconsistent with the Indexing Funds, and/or any Broker investment company but for sections spirit and intent of section 22(e). registered under the Exchange Act, to 3(c)(1) or 3(c)(7) of the Act (or portion Applicants suggest that a redemption sell Shares to Funds of Funds beyond of such investment company or issuer) payment occurring within fifteen the limits of section 12(d)(1)(B) of the advised or sponsored by the Fund of calendar days following a redemption Act. Funds Sub-Adviser or any person request would adequately afford 12. Each Investing Management controlling, controlled by or under investor protection. Company will be advised by an common control with the Fund of 9. Applicants are not seeking relief investment adviser within the meaning Funds Sub-Adviser (‘‘Fund of Funds from section 22(e) with respect to of section 2(a)(20)(A) of the Act (the Sub-Advisory Group’’). International and Global Funds that do ‘‘Fund of Funds Adviser’’) and may be 15. Applicants propose other not effect creations and redemptions of sub-advised by investment advisers conditions to limit the potential for Creation Units in-kind.30 within the meaning of section undue influence over the Self-Indexing 2(a)(20)(B) of the Act (each a ‘‘Fund of Funds, including that no Fund of Funds Section 12(d)(1) Funds Sub-Adviser’’). Any investment or Fund of Funds Affiliate (except to the 10. Section 12(d)(1)(A) of the Act adviser to an Investing Management extent it is acting in its capacity as an prohibits a registered investment Company will be registered under the investment adviser to a Self-Indexing company from acquiring securities of an Advisers Act. Each Investing Trust will Fund) will cause a Self-Indexing Fund investment company if such securities be sponsored by a sponsor (‘‘Sponsor’’). to purchase a security in an offering of represent more than 3% of the total 13. Applicants submit that the securities during the existence of an outstanding voting stock of the acquired proposed conditions to the requested underwriting or selling syndicate of company, more than 5% of the total relief adequately address the concerns which a principal underwriter is an assets of the acquiring company, or, underlying the limits in sections Underwriting Affiliate (‘‘Affiliated together with the securities of any other 12(d)(1)(A) and (B), which include Underwriting’’). An ‘‘Underwriting investment companies, more than 10% concerns about undue influence by a Affiliate’’ is a principal underwriter in of the total assets of the acquiring fund of funds over underlying funds, any underwriting or selling syndicate company. Section 12(d)(1)(B) of the Act excessive layering of fees and overly that is an officer, director, member of an prohibits a registered open-end complex fund structures. Applicants advisory board, Fund of Funds Adviser, investment company, its principal believe that the requested exemption is Fund of Funds Sub-Adviser, employee underwriter and any other broker-dealer consistent with the public interest and or Sponsor of the Fund of Funds, or a from knowingly selling the investment the protection of investors. person of which any such officer, company’s shares to another investment 14. Applicants believe that neither a director, member of an advisory board, company if the sale will cause the Fund of Funds nor a Fund of Funds Fund of Funds Adviser or Fund of acquiring company to own more than Affiliate would be able to exert undue Funds Sub-Adviser, employee or 3% of the acquired company’s voting influence over a Self-Indexing Fund.31 Sponsor is an affiliated person (except To limit the control that a Fund of that any person whose relationship to 28 Certain countries in which a Self-Indexing Funds may have over a Self-Indexing the Self-Indexing Fund is covered by Fund may invest have historically had settlement Fund, applicants propose a condition section 10(f) of the Act is not an periods of up to fifteen (15) calendar days. Underwriting Affiliate). 29 Applicants acknowledge that no relief obtained 31 A ‘‘Fund of Funds Affiliate’’ is a Fund of Funds 16. Applicants do not believe that the from the requirements of section 22(e) will affect Adviser, Fund of Funds Sub-Adviser, Sponsor, proposed arrangement will involve any obligations applicants may otherwise have promoter, and principal underwriter of a Fund of under rule 15c6–1 under the Exchange Act Funds, and any person controlling, controlled by, excessive layering of fees. The board of requiring that most securities transactions be settled or under common control with any of those entities. directors or trustees of any Investing within three business days of the trade date. A ‘‘Self-Indexing Fund Affiliate’’ is an investment Management Company, including a 30 In addition, the requested exemption from adviser, promoter, or principal underwriter of a majority of the directors or trustees who section 22(e) would only apply to in-kind Self-Indexing Fund and any person controlling, redemptions by the Feeder Funds and would not controlled by or under common control with any are not ‘‘interested persons’’ within the apply to in-kind redemptions by other feeder funds. of these entities. meaning of section 2(a)(19) of the Act

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(‘‘disinterested directors or trustees’’), that a Fund of Funds purchases Shares company, and provides that a control will find that the advisory fees charged in the secondary market, a Self-Indexing relationship will be presumed where under the contract are based on services Fund would still retain its ability to one person owns more than 25% of a provided that will be in addition to, reject any initial investment by a Fund company’s voting securities. The Self- rather than duplicative of, services of Funds in excess of the limits of Indexing Funds may be deemed to be provided under the advisory contract of section 12(d)(1)(A) by declining to enter controlled by the Adviser or an entity any Self-Indexing Fund, or its respective into a FOF Participation Agreement controlling, controlled by or under Master Fund, in which the Investing with the Fund of Funds. common control with the Adviser and Management Company may invest. In 19. Applicants also are seeking the hence affiliated persons of each other. In addition, under condition B.5., a Fund Master-Feeder Relief to permit the addition, the Self-Indexing Funds may of Funds Adviser, or a Fund of Funds’ Feeder Funds to perform creations and be deemed to be under common control trustee or Sponsor, as applicable, will redemptions of Shares in-kind in a with any other registered investment waive fees otherwise payable to it by the master-feeder structure. Applicants company (or series thereof) advised by Fund of Funds in an amount at least assert that this structure is substantially an Adviser or an entity controlling, equal to any compensation (including identical to traditional master-feeder controlled by or under common control fees received pursuant to any plan structures permitted pursuant to the with an Adviser (an ‘‘Affiliated Fund’’). adopted by a Self-Indexing Fund, or its exception provided in section Any investor, including Market Makers, respective Master Fund, under rule 12b– 12(d)(1)(E) of the Act. Section owning 5% or holding in excess of 25% 1 under the Act) received from a Self- 12(d)(1)(E) provides that the percentage of the Trust or such Self-Indexing Indexing Fund by the Fund of Funds limitations of section 12(d)(1)(A) and (B) Funds, may be deemed affiliated Adviser, trustee or Sponsor or an shall not apply to a security issued by persons of the Trust or such Self- affiliated person of the Fund of Funds an investment company (in this case, Indexing Funds. In addition, an investor Adviser, trustee or Sponsor, other than the shares of the applicable Master could own 5% or more, or in excess of any advisory fees paid to the Fund of Fund) if, among other things, that 25% of the outstanding shares of one or Funds Adviser, trustee or Sponsor or its security is the only investment security more Affiliated Funds making that affiliated person by a Self-Indexing held by the investing investment investor a Second-Tier Affiliate of the Fund, in connection with the company (in this case, the Feeder Self-Indexing Funds. investment by the Fund of Funds in the Fund). Applicants believe the proposed 21. Applicants request an exemption Self-Indexing Fund. Applicants state master-feeder structure complies with from sections 17(a)(1) and 17(a)(2) of the that any sales charges and/or service section 12(d)(1)(E) because each Feeder Act pursuant to sections 6(c) and 17(b) fees charged with respect to shares of a Fund will hold only investment of the Act to permit persons that are Fund of Funds will not exceed the securities issued by its corresponding Affiliated Persons of the Self-Indexing limits applicable to a fund of funds as Master Fund; however, the Feeder Funds, or Second-Tier Affiliates of the set forth in NASD Conduct Rule 2830.32 Funds may receive securities other than Self-Indexing Funds, solely by virtue of 17. Applicants submit that the securities of its corresponding Master one or more of the following: (a) proposed arrangement will not create an Fund if a Feeder Fund accepts an in- Holding 5% or more, or in excess of overly complex fund structure. kind creation. To the extent that a 25%, of the outstanding Shares of one Applicants note that no Self-Indexing Feeder Fund may be deemed to be or more Self-Indexing Funds; (b) an Fund, or its respective Master Fund, holding both shares of the Master Fund affiliation with a person with an will acquire securities of any investment and other securities, applicants request ownership interest described in (a); or company or company relying on section relief from section 12(d)(1)(A) and (B). (c) holding 5% or more, or more than 3(c)(1) or 3(c)(7) of the Act in excess of The Feeder Funds would operate in 25%, of the shares of one or more the limits contained in section compliance with all other provisions of Affiliated Funds, to effectuate purchases 12(d)(1)(A) of the Act, except to the section 12(d)(1)(E). and redemptions ‘‘in-kind.’’ 22. Applicants assert that no useful extent permitted by exemptive relief Sections 17(a)(1) and (2) of the Act from the Commission permitting the purpose would be served by prohibiting Self-Indexing Fund, or its respective 20. Sections 17(a)(1) and (2) of the Act such affiliated persons from making ‘‘in- Master Fund, to purchase shares of generally prohibit an affiliated person of kind’’ purchases or ‘‘in-kind’’ a registered investment company, or an other investment companies for short- redemptions of Shares of a Self-Indexing affiliated person of such a person, from term cash management purposes. To Fund in Creation Units. Both the selling any security to or purchasing any ensure a Fund of Funds is aware of the deposit procedures for ‘‘in-kind’’ security from the company. Section terms and conditions of the requested purchases of Creation Units and the 2(a)(3) of the Act defines ‘‘affiliated order, the Fund of Funds will enter into redemption procedures for ‘‘in-kind’’ person’’ of another person to include (a) an agreement with the Self-Indexing redemptions of Creation Units will be any person directly or indirectly Fund (‘‘FOF Participation Agreement’’). effected in exactly the same manner for owning, controlling or holding with The FOF Participation Agreement will all purchases and redemptions, power to vote 5% or more of the include an acknowledgement from the regardless of size or number. There will outstanding voting securities of the Fund of Funds that it may rely on the be no discrimination between other person, (b) any person 5% or more purchasers or redeemers. Deposit order only to invest in the Self-Indexing of whose outstanding voting securities Instruments and Redemption Funds and not in any other investment are directly or indirectly owned, Instruments for each Self-Indexing Fund company. controlled or held with the power to 18. Applicants also note that a Self- will be valued in the identical manner vote by the other person, and (c) any Indexing Fund may choose to reject a as those Portfolio Securities currently person directly or indirectly controlling, direct purchase of Shares in Creation held by such Self-Indexing Fund and controlled by or under common control Units by a Fund of Funds. To the extent the valuation of the Deposit Instruments with the other person. Section 2(a)(9) of and Redemption Instruments will be 32 Any references to NASD Conduct Rule 2830 the Act defines ‘‘control’’ as the power made in an identical manner regardless include any successor or replacement FINRA rule to exercise a controlling influence over of the identity of the purchaser or to NASD Conduct Rule 2830. the management or policies of a redeemer. Applicants do not believe

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that ‘‘in-kind’’ purchases and overreaching. Applicants note that any concerned, the proposed transactions redemptions will result in abusive self- consideration paid by a Fund of Funds are consistent with the policy of each dealing or overreaching, but rather for the purchase or redemption of Fund and will be consistent with the assert that such procedures will be Shares directly from a Self-Indexing investment objectives and policies of implemented consistently with each Fund will be based on the NAV of the each Fund of Funds, and the proposed Self-Indexing Fund’s objectives and Self-Indexing Fund.34 Applicants transactions are consistent with the with the general purposes of the Act. believe that any proposed transactions general purposes of the Act. Applicants believe that ‘‘in-kind’’ directly between the Self-Indexing Applicants’ Conditions purchases and redemptions will be Funds and Funds of Funds will be made on terms reasonable to applicants consistent with the policies of each Applicants agree that any order of the and any Affiliated Persons because they Fund of Funds. The purchase of Commission granting the requested will be valued pursuant to verifiable Creation Units by a Fund of Funds relief will be subject to the following objective standards. The method of directly from a Self-Indexing Fund will conditions: valuing Portfolio Securities held by a be accomplished in accordance with the A. ETF Relief Self-Indexing Fund is identical to that investment restrictions of any such used for calculating ‘‘in-kind’’ purchase Fund of Funds and will be consistent 1. The requested relief, other than the or redemption values and therefore with the investment policies set forth in section 12(d)(1) relief and the Master- creates no opportunity for Affiliated the Fund of Funds’ registration Feeder Relief, to permit ETF operations Persons or Second-Tier Affiliates of statement. Applicants also state that the will expire on the effective date of any applicants to effect a transaction proposed transactions are consistent Commission rule under the Act that detrimental to the other holders of with the general purposes of the Act and provides relief permitting the operation Shares of that Self-Indexing Fund. are appropriate in the public interest. of index-based ETFs. Similarly, applicants submit that, by 24. To the extent that a Fund operates 2. As long as a Self-Indexing Fund using the same standards for valuing in a master-feeder structure, applicants operates in reliance on the requested Portfolio Securities held by a Self- also request relief permitting the Feeder order, the Shares of such Self-Indexing Indexing Fund as are used for Funds to engage in in-kind creations Fund will be listed on an Exchange. calculating ‘‘in-kind’’ redemptions or and redemptions with the applicable 3. Neither the Trust nor any Self- purchases, the Self-Indexing Fund, or its Master Fund. Applicants state that the Indexing Fund will be advertised or respective Master Fund, will ensure that customary section 17(a)(1) and 17(a)(2) marketed as an open-end investment its NAV will not be adversely affected relief would not be sufficient to permit company or a mutual fund. Any by such securities transactions. such transactions because the Feeder advertising material that describes the Applicants also note that the ability to Funds and the applicable Master Fund purchase or sale of Creation Units or take deposits and make redemptions could also be affiliated by virtue of refers to redeemability will prominently ‘‘in-kind’’ will help each Self-Indexing having the same investment adviser. disclose that Shares are not individually Fund, or its respective Master fund, to However, applicants believe that in- redeemable and that owners of Shares track closely its Underlying Index and kind creations and redemptions may acquire those Shares from the Self- therefore aid in achieving the Self- between a Feeder Fund and a Master Indexing Fund and tender those Shares Indexing Fund’s objectives. Fund advised by the same investment for redemption to a Self-Indexing Fund 23. Applicants also seek relief under adviser do not involve ‘‘overreaching’’ in Creation Units only. sections 6(c) and 17(b) from section by an affiliated person. Such 4. The Web site, which is and will be 17(a) to permit a Self-Indexing Fund transactions will occur only at the publicly accessible at no charge, will that is an Affiliated Person, or a Second- Feeder Fund’s proportionate share of contain, on a per Share basis for each Tier Affiliate, of a Fund of Funds to sell the Master Fund’s net assets, and the Self-Indexing Fund, the prior Business its Shares to and redeem its Shares from distributed securities will be valued in Day’s NAV and the market closing price a Fund of Funds, and to engage in any the same manner as they are valued for or the midpoint of the bid/ask spread at accompanying in-kind transactions with the purposes of calculating the 33 the time of the calculation of such NAV the Fund of Funds. Applicants state applicable Master Fund’s NAV. Further, (‘‘Bid/Ask Price’’), and a calculation of that the terms of the transactions are fair all such transactions will be effected the premium or discount of the market and reasonable and do not involve with respect to pre-determined closing price or Bid/Ask Price against securities and on the same terms with such NAV. 33 Although applicants believe that most Funds of Funds will purchase Shares in the secondary respect to all investors. Finally, such 5. Each Self-Indexing Fund will post market and will not purchase Creation Units transaction would only occur as a result on the Web site on each Business Day, directly from a Self-Indexing Fund, a Fund of of, and to effectuate, a creation or before commencement of trading of Funds might seek to transact in Creation Units redemption transaction between the Shares on the Exchange, the identities directly with a Self-Indexing Fund that is an affiliated person of a Fund of Funds. To the extent Feeder Fund and a third-party investor. and quantities of the Self-Indexing that purchases and sales of Shares occur in the Applicants believe that the terms of the Fund’s, or its respective Master Fund’s, secondary market and not through principal proposed transactions are reasonable Portfolio Holdings. transactions directly between a Fund of Funds and and fair and do not involve a Self-Indexing Fund, relief from section 17(a) 6. No Adviser or any Sub-Adviser, would not be necessary. However, the requested overreaching on the part of any person directly or indirectly, will cause any relief would apply to direct sales of Shares in Authorized Participant (or any investor Creation Units by a Self-Indexing Fund to a Fund 34 Applicants acknowledge that the receipt of on whose behalf an Authorized of Funds and redemptions of those Shares. compensation by (a) an affiliated person of a Fund Applicants are not seeking relief from section 17(a) of Funds, or an affiliated person of such person, for Participant may transact with the Self- for, and the requested relief will not apply to, the purchase by the Fund of Funds of Shares of a Indexing Fund) to acquire any Deposit transactions where a Self-Indexing Fund could be Self-Indexing Fund or (b) an affiliated person of a Instrument for a Self-Indexing Fund, or deemed an affiliated person, or an affiliated person Self-Indexing Fund, or an affiliated person of such its respective Master Fund, through a of an affiliated person of a Fund of Funds because person, for the sale by the Self-Indexing Fund of its transaction in which the Self-Indexing an Adviser or an entity controlling, controlled by Shares to a Fund of Funds, may be prohibited by or under common control with an Adviser provides section 17(e)(1) of the Act. The FOF Participation Fund, or its respective Master Fund, investment advisory services to that Fund of Funds. Agreement also will include this acknowledgment. could not engage directly.

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B. Section 12(d)(1) Relief meaning of section 2(a)(19) of the Act waiver will be passed through to the 1. The members of a Fund of Funds’ (‘‘non-interested Board members’’), will Investing Management Company. 6. No Fund of Funds or Fund of Advisory Group will not control determine that any consideration paid Funds Affiliate (except to the extent it (individually or in the aggregate) a Self- by the Self-Indexing Fund, or its is acting in its capacity as an investment Indexing Fund, or its respective Master respective Master Fund, to the Fund of adviser to a Self-Indexing Fund) will Fund, within the meaning of section Funds or a Fund of Funds Affiliate in cause a Self-Indexing Fund, or its 2(a)(9) of the Act. The members of a connection with any services or respective Master Fund, to purchase a Fund of Funds’ Sub-Advisory Group transactions: (i) Is fair and reasonable in security in any Affiliated Underwriting. will not control (individually or in the relation to the nature and quality of the services and benefits received by the 7. The Board of a Self-Indexing Fund, aggregate) a Self-Indexing Fund, or its or its respective Master Fund, including respective Master Fund, within the Self-Indexing Fund, or its respective Master Fund; (ii) is within the range of a majority of the non-interested Board meaning of section 2(a)(9) of the Act. If, members, will adopt procedures as a result of a decrease in the consideration that the Self-Indexing Fund would be required to pay to reasonably designed to monitor any outstanding voting securities of a Self- purchases of securities by a Self- Indexing Fund, the Fund of Funds’ another unaffiliated entity in connection with the same services or transactions; Indexing Fund, or its respective Master Advisory Group or the Fund of Funds’ Fund, in an Affiliated Underwriting, Sub-Advisory Group, each in the and (iii) does not involve overreaching on the part of any person concerned. once an investment by a Fund of Funds aggregate, becomes a holder of more in the securities of the Self-Indexing than 25 percent of the outstanding This condition does not apply with respect to any services or transactions Fund exceeds the limit of section voting securities of a Self-Indexing 12(d)(1)(A)(i) of the Act, including any Fund, it will vote its Shares of the Self- between a Self-Indexing Fund, or its respective Master Fund, and its purchases made directly from an Indexing Fund in the same proportion Underwriting Affiliate. The Board will as the vote of all other holders of the investment adviser(s), or any person controlling, controlled by or under review these purchases periodically, but Self-Indexing Fund’s Shares. This no less frequently than annually, to condition does not apply to the Fund of common control with such investment adviser(s). determine whether the purchases were Funds’ Sub-Advisory Group with influenced by the investment by the respect to a Self-Indexing Fund, or its 5. The Fund of Funds Adviser, or Fund of Funds in the Self-Indexing respective Master Fund, for which the trustee or Sponsor of an Investing Trust, Fund. The Board will consider, among Fund of Funds’ Sub-Adviser or a person as applicable, will waive fees otherwise other things: (i) Whether the purchases controlling, controlled by or under payable to it by the Fund of Funds in were consistent with the investment common control with the Fund of an amount at least equal to any objectives and policies of the Self- Funds’ Sub-Adviser acts as the compensation (including fees received Indexing Fund, or its respective Master investment adviser within the meaning pursuant to any plan adopted by a Self- Fund; (ii) how the performance of of section 2(a)(20)(A) of the Act. Indexing Fund, or its respective Master securities purchased in an Affiliated 2. No Fund of Funds or Fund of Fund, under rule 12b–l under the Act) Underwriting compares to the Funds Affiliate will cause any existing received from a Self-Indexing Fund, or performance of comparable securities or potential investment by the Fund of its respective Master Fund, by the Fund purchased during a comparable period Funds in a Self-Indexing Fund to of Funds Adviser, or trustee or Sponsor of time in underwritings other than influence the terms of any services or of the Investing Trust, or an affiliated Affiliated Underwritings or to a transactions between the Fund of Funds person of the Fund of Funds Adviser, or benchmark such as a comparable market or Fund of Funds Affiliate and the Self- trustee or Sponsor of the Investing index; and (iii) whether the amount of Indexing Fund, or its respective Master Trust, other than any advisory fees paid securities purchased by the Self- Fund, or a Self-Indexing Fund Affiliate. to the Fund of Funds Adviser, trustee or Indexing Fund, or its respective Master 3. The board of directors or trustees of Sponsor of an Investing Trust, or its Fund, in Affiliated Underwritings and an Investing Management Company, affiliated person by the Self-Indexing the amount purchased directly from an including a majority of the disinterested Fund, or its respective Master Fund, in Underwriting Affiliate have changed directors or trustees, will adopt connection with the investment by the significantly from prior years. The procedures reasonably designed to Fund of Funds in the Self-Indexing Board will take any appropriate actions ensure that the Fund of Funds Adviser Fund. Any Fund of Funds Sub-Adviser based on its review, including, if and Fund of Funds Sub-Adviser are will waive fees otherwise payable to the appropriate, the institution of conducting the investment program of Fund of Funds Sub-Adviser, directly or procedures designed to ensure that the Investing Management Company indirectly, by the Investing Management purchases of securities in Affiliated without taking into account any Company in an amount at least equal to Underwritings are in the best interest of consideration received by the Investing any compensation received from a Self- shareholders of the Self-Indexing Fund. Management Company or a Fund of Indexing Fund, or its respective Master 8. Each Self-Indexing Fund, or its Funds Affiliate from a Self-Indexing Fund, by the Fund of Funds Sub- respective Master Fund, will maintain Fund, or its respective Master Fund, or Adviser, or an affiliated person of the and preserve permanently in an easily Self-Indexing Fund Affiliate in Fund of Funds Sub-Adviser, other than accessible place a written copy of the connection with any services or any advisory fees paid to the Fund of procedures described in the preceding transactions. Funds Sub-Adviser or its affiliated condition, and any modifications to 4. Once an investment by a Fund of person by the Self-Indexing Fund, or its such procedures, and will maintain and Funds in the securities of a Self- respective Master Fund, in connection preserve for a period of not less than six Indexing Fund exceeds the limits in with the investment by the Investing years from the end of the fiscal year in section 12(d)(1)(A)(i) of the Act, the Management Company in the Self- which any purchase in an Affiliated Board of the Self-Indexing Fund, or its Indexing Fund made at the direction of Underwriting occurred, the first two respective Master Fund, including a the Fund of Funds Sub-Adviser. In the years in an easily accessible place, a majority of the directors or trustees who event that the Fund of Funds Sub- written record of each purchase of are not ‘‘interested persons’’ within the Adviser waives fees, the benefit of the securities in Affiliated Underwritings

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once an investment by a Fund of Funds 3(c)(1) or 3(c)(7) of the Act in excess of offers for the options to which it is in the securities of the Self-Indexing the limits contained in section registered, as follows: Fund exceeds the limit of section 12(d)(1)(A) of the Act, except to the i. No change. 12(d)(1)(A)(i) of the Act, setting forth extent (i) the Self-Indexing Fund, or its ii. Bid/ask Differentials (Quote Spread from whom the securities were respective Master Fund, acquires Parameters). Options on equities acquired, the identity of the securities of another investment (including Exchange-Traded Fund underwriting syndicate’s members, the company pursuant to exemptive relief Shares), and on index options must be terms of the purchase, and the from the Commission permitting the quoted with a difference not to exceed information or materials upon which Self-Indexing Fund, or its respective $5 between the bid and offer regardless the Board’s determinations were made. Master Fund, to acquire securities of of the price of the bid, including before 9. Before investing in a Self-Indexing one or more investment companies for and during the opening. However, Fund in excess of the limit in section short-term cash management purposes respecting in-the-money series where 12(d)(1)(A), a Fund of Funds and the or (ii) the Self-Indexing Fund acquires the market for the underlying security is Trust will execute a FOF Participation securities of the Master Fund pursuant wider than $5, the bid/ask differential Agreement stating without limitation to the Master-Feeder Relief. may be as wide as the quotation for the that their respective boards of directors For the Commission, by the Division of underlying security on the primary or trustees and their investment Investment Management, under delegated market. The Exchange may establish advisers, or trustee and Sponsor, as authority. differences other than the above for one applicable, understand the terms and Robert W. Errett, conditions of the order, and agree to or more series or classes of options. fulfill their responsibilities under the Deputy Secretary. iii. No change. order. At the time of its investment in [FR Doc. 2016–04794 Filed 3–3–16; 8:45 am] (e)–(f) No change. BILLING CODE 8011–01–P Shares of a Self-Indexing Fund in excess II. Self-Regulatory Organization’s of the limit in section 12(d)(1)(A)(i), a Statement of the Purpose of, and Fund of Funds will notify the Self- SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule Indexing Fund of the investment. At Change such time, the Fund of Funds will also COMMISSION transmit to the Self-Indexing Fund a list [Release No. 34–77252; File No. SR–BX– In its filing with the Commission, the of the names of each Fund of Funds 2016–012] Exchange included statements Affiliate and Underwriting Affiliate. The concerning the purpose of and basis for Fund of Funds will notify the Self- Self-Regulatory Organizations; the proposed rule change and discussed Indexing Fund of any changes to the list NASDAQ BX, Inc.; Notice of Filing and any comments it received on the of the names as soon as reasonably Immediate Effectiveness of Proposed proposed rule change. The text of these practicable after a change occurs. The Rule Change To Amend BX Options statements may be examined at the Self-Indexing Fund and the Fund of Chapter VII, Section 6 places specified in Item IV below. The Funds will maintain and preserve a Exchange has prepared summaries, set copy of the order, the FOF Participation February 29, 2016. forth in sections A, B, and C below, of Agreement, and the list with any Pursuant to Section 19(b)(1) of the the most significant aspects of such updated information for the duration of Securities Exchange Act of 1934 statements. the investment and for a period of not (‘‘Act’’),1 and Rule 19b–4 thereunder,2 less than six years thereafter, the first notice is hereby given that on February A. Self-Regulatory Organization’s two years in an easily accessible place. 17, 2016, NASDAQ BX, Inc. Statement of the Purpose of, and 10. Before approving any advisory (‘‘Exchange’’) filed with the Securities Statutory Basis for, the Proposed Rule contract under section 15 of the Act, the and Exchange Commission (‘‘SEC’’ or Change board of directors or trustees of each ‘‘Commission’’) the proposed rule 1. Purpose Investing Management Company change as described in Items I, II, and including a majority of the disinterested III, below, which Items have been The purpose of the proposal is to directors or trustees, will find that the prepared by the Exchange. The harmonize BX Options Chapter VII, advisory fees charged under such Commission is publishing this notice to Section 6(d)(ii) with similar provisions contract are based on services provided solicit comments on the proposed rule of the Exchange’s affiliated exchanges that will be in addition to, rather than change from interested persons. regarding bid/ask differentials (also duplicative of, the services provided known as quote spread parameters). I. Self-Regulatory Organization’s under the advisory contract(s) of any Quote spread parameters establish the Statement of the Terms of Substance of Self-Indexing Fund, or its respective maximum permissible width between the Proposed Rule Change Master Fund, in which the Investing the bid and the offer in a particular Management Company may invest. The Exchange proposes to amend BX option series. Quote spreads apply to These findings and their basis will be Options Chapter VII, Section 6. quotes, not orders, and are thus only fully recorded in the minute books of The text of the proposed rule change applicable to the BX Options Market the appropriate Investing Management is below; proposed new language is Makers who are required to submit two- Company. italicized; proposed deletions are in sided quotes.3 11. Any sales charges and/or service brackets. Specifically, the Exchange proposes to fees charged with respect to shares of a add language to its rule regarding bid/ Sec. 6 Market Maker Quotations Fund of Funds will not exceed the ask differentials to permit the Exchange limits applicable to a fund of funds as (a)–(c) No change. to establish bid/ask differentials other set forth in NASD Conduct Rule 2830. (d) Continuous Quotes. A Market than what is specified in the rule. Both 12. No Self-Indexing Fund, or its Maker must enter continuous bids and the NASDAQ Options Market and the respective Master Fund, will acquire securities of any other investment 1 15 U.S.C. 78s(b)(1). 3 See Chapter I, Section (a)(9) and Chapter VII, company or company relying on section 2 17 CFR 240.19b–4. Sections 5 and 6.

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NASDAQ PHLX have this provision.4 the protection of investors or the public Commission, and all written Some of the circumstances that may interest; (ii) impose any significant communications relating to the result in wider quote spread parameters burden on competition; and (iii) become proposed rule change between the include volatility in the underlying, operative for 30 days from the date on Commission and any person, other than recent news affecting the underlying which it was filed, or such shorter time those that may be withheld from the and heavy volume in the underlying or as the Commission may designate, it has public in accordance with the the overlying option. become effective pursuant to Section provisions of 5 U.S.C. 552, will be 19(b)(3)(A)(iii) of the Act 7 and available for Web site viewing and 2. Statutory Basis subparagraph (f)(6) of Rule 19b–4 printing in the Commission’s Public The Exchange believes that its thereunder.8 Reference Room, 100 F Street NE., proposal is consistent with Section 6(b) At any time within 60 days of the Washington, DC 20549, on official of the Act 5 in general, and furthers the filing of the proposed rule change, the business days between the hours of objectives of Section 6(b)(5) of the Act 6 Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the in particular, in that it is designed to temporarily suspend such rule change if filing also will be available for promote just and equitable principles of it appears to the Commission that such inspection and copying at the principal trade, to remove impediments to and action is: (i) Necessary or appropriate in office of the Exchange. All comments perfect the mechanism of a free and the public interest; (ii) for the protection received will be posted without change; open market and a national market of investors; or (iii) otherwise in the Commission does not edit personal system, and, in general to protect furtherance of the purposes of the Act. identifying information from investors and the public interest, by If the Commission takes such action, the submissions. You should submit only permitting different quote spread Commission shall institute proceedings information that you wish to make parameters to be established by the to determine whether the proposed rule available publicly. Exchange to address specific requests as should be approved or disapproved. All submissions should refer to File well as general market events. This Number SR–BX–2016–012 and should IV. Solicitation of Comments should promote just and equitable be submitted on or before March 25, principles of trade and protect investors Interested persons are invited to 2016. by having quote spread parameters submit written data, views, and For the Commission, by the Division of reflect potential volatility and activity in arguments concerning the foregoing, Trading and Markets, pursuant to delegated the underlying security, and thereby including whether the proposed rule authority.9 encourage robust market making that change is consistent with the Act. Robert W. Errett, reflects current market conditions. Comments may be submitted by any of Deputy Secretary. the following methods: B. Self-Regulatory Organization’s [FR Doc. 2016–04709 Filed 3–3–16; 8:45 am] Statement on Burden on Competition Electronic Comments BILLING CODE 8011–01–P The Exchange does not believe that • Use the Commission’s Internet the proposed rule change will impose comment form (http://www.sec.gov/ any burden on competition not rules/sro.shtml); or SMALL BUSINESS ADMINISTRATION • necessary or appropriate in furtherance Send an email to rule-comments@ [Disaster Declaration #14641] of the purposes of the Act. With respect sec.gov. Please include File Number SR– to intra-market competition, the BX–2016–012 on the subject line. California Disaster #CA–00245 proposed language will apply to all Declaration of Economic Injury Paper Comments quoting market participants equally. With respect to inter-market • Send paper comments in triplicate AGENCY: U.S. Small Business competition, market participants who to Secretary, Securities and Exchange Administration. disagree with the quote spread Commission, 100 F Street NE., ACTION: Notice. parameters that the Exchange Washington, DC 20549–1090. SUMMARY: This is a notice of an establishes may choose to trade on All submissions should refer to File Economic Injury Disaster Loan (EIDL) another options exchange. Number SR–BX–2016–012. This file declaration for the State of California, C. Self-Regulatory Organization’s number should be included on the dated 02/25/2016. Statement on Comments on the subject line if email is used. To help the Incident: Hazardous Ocean Proposed Rule Change Received From Commission process and review your Conditions and Rapid Displacement of Members, Participants, or Others comments more efficiently, please use Sand Resulting in the Closure of only one method. The Commission will Ventura Harbor. No written comments were either post all comments on the Commission’s Incident Period: 01/22/2016 through solicited or received. Internet Web site (http://www.sec.gov/ 02/20/2016. III. Date of Effectiveness of the rules/sro.shtml). Effective Date: 02/25/2016. Proposed Rule Change and Timing for Copies of the submission, all EIDL Loan Application Deadline Date: Commission Action subsequent amendments, all written 11/25/2016. statements with respect to the proposed ADDRESSES: Submit completed loan Because the foregoing proposed rule rule change that are filed with the change does not: (i) Significantly affect applications to: U.S. Small Business Administration, Processing And 7 15 U.S.C. 78s(b)(3)(a)(iii) [sic]. 4 Disbursement Center, 14925 Kingsport See NOM Chapter VII, Section 6 and PHLX Rule 8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 1014(c)(i)(A)(1)(a). PHLX recently amended its rules 4(f)(6) requires a self-regulatory organization to give Road, Fort Worth, TX 76155. to add the same language respecting U.S. dollar- the Commission written notice of its intent to file FOR FURTHER INFORMATION CONTACT: A. settled foreign currency options. Securities the proposed rule change at least five business days Escobar, Office of Disaster Assistance, Exchange Act Release No. 76966 (January 22, 2016), prior to the date of filing of the proposed rule 81 FR 4724 (January 27, 2016) (SR–Phlx–2016–06). change, or such shorter time as designated by the U.S. Small Business Administration, 5 15 U.S.C. 78f(b). Commission. The Exchange has satisfied this 6 15 U.S.C. 78f(b)(5). requirement. 9 17 CFR 200.30–3(a)(12).

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409 3rd Street SW., Suite 6050, SOCIAL SECURITY ADMINISTRATION Or you may submit your comments Washington, DC 20416. online through www.regulations.gov, [Docket No: SSA–2016–0006] referencing Docket ID Number [SSA– SUPPLEMENTARY INFORMATION: Notice is 2016–0006]. hereby given that as a result of the Agency Information Collection Administrator’s EIDL declaration, Activities: Proposed Request and I. The information collection below is applications for economic injury Comment Request pending at SSA. SSA will submit it to disaster loans may be filed at the The Social Security Administration OMB within 60 days from the date of address listed above or other locally (SSA) publishes a list of information this notice. To be sure we consider your announced locations. collection packages requiring clearance comments, we must receive them no The following areas have been by the Office of Management and later than May 3, 2016. Individuals can determined to be adversely affected by Budget (OMB) in compliance with obtain copies of the collection the disaster: Public Law 104–13, the Paperwork instrument by writing to the above email address. Primary Counties: Ventura. Reduction Act of 1995, effective October 1, 1995. This notice includes revisions Agency/Employer Government Contiguous Counties: of OMB-approved information Pension Offset Questionnaire—20 CFR California: Kern, Los Angeles, Santa collections. 404.408(a)—0960–0470. When an Barbara. SSA is soliciting comments on the individual is concurrently receiving accuracy of the agency’s burden Social Security spousal, or surviving The Interest Rates are: estimate; the need for the information; spousal, benefits and a government its practical utility; ways to enhance its Percent pension, the individual may have the quality, utility, and clarity; and ways to amount of Social Security benefits minimize burden on respondents, reduced by the government pension Businesses and Small Agricultural including the use of automated Cooperatives without Credit amount. This is the Government collection techniques or other forms of Available Elsewhere ...... 4.000 Pension Offset (GPO). SSA uses Form information technology. Mail, email, or Non-Profit Organizations without SSA–L4163 to collect accurate pension fax your comments and Credit Available Elsewhere ...... 2.625 information from the Federal or State recommendations on the information government agency paying the pension collection(s) to the OMB Desk Officer for purposes of applying the pension The number assigned to this disaster and SSA Reports Clearance Officer at for economic injury is 146410. the following addresses or fax numbers. offset provision. SSA uses this form The State which received an EIDL (OMB) Office of Management and only when (1) the claimant does not Declaration # is California. Budget, Attn: Desk Officer for SSA, Fax: have the information; and (2) the 202–395–6974, Email address: OIRA_ pension-paying agency has not (Catalog of Federal Domestic Assistance cooperated with the claimant. Number 59008) [email protected]. (SSA) Social Security Administration, Respondents are State government Dated: February 25, 2016. OLCA, Attn: Reports Clearance Director, agencies which have information SSA Maria Contreras-Sweet, 3100 West High Rise, 6401 Security needs to determine if the GPO applies Administrator. Blvd., Baltimore, MD 21235, Fax: 410– and the amount of offset. [FR Doc. 2016–04866 Filed 3–3–16; 8:45 am] 966–2830, Email address: Type of Request: Revision of an OMB- BILLING CODE 8025–01–P [email protected]. approved information collection.

Average Number of Frequency of burden per Estimated total Modality of completion respondents response response annual burden (minutes) (hours)

SSA–L4163 ...... 1000 1 3 50

II. SSA submitted the information writing to OR.Reports.Clearance@ interview is necessary to determine collection below to OMB for clearance. ssa.gov. whether SSI recipients met and Your comments regarding the Statement for Determining Continuing continue to meet all statutory and information collection would be most Eligibility for Supplemental Security regulatory requirements for SSI useful if OMB and SSA receive them 30 Income Payment—20 CFR 416.204— eligibility, and whether they received, days from the date of this publication. 0960–0145. SSA uses Form SSA–8202– and still receive the correct payment To be sure we consider your comments, BK to conduct low-and middle-error- amount. The respondents are SSI we must receive them no later than profile telephone or face-to-face recipients and their representatives, if redetermination interviews with April 4, 2016. Individuals can obtain applicable Supplemental Security Income (SSI) copies of the OMB clearance package by recipients and representative payees. Type of Request: Revision of an OMB- The information SSA collects during the approved information collection.

Average Number of Frequency of burden per Estimated total Modality of completion respondents response response annual burden (minutes) (hours)

SSA–8202–BK ...... 10,307 1 21 3,607

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Average Number of Frequency of burden per Estimated total Modality of completion respondents response response annual burden (minutes) (hours)

Modernized Supplemental Security Income Claims System ...... 2,289,599 1 20 763,200

Totals ...... 2,299,906 ...... 766,807

Dated: March 1, 2016. pursuant to 49 U.S.C. 10502(b). A final 60 days of the filing of the petition. The Naomi R. Sipple, decision will be issued by June 3, 2016. deadline for submission of comments on Reports Clearance Officer, Social Security Any offer of financial assistance the EA typically will be within 30 days Administration. (OFA) under 49 CFR 1152.27(b)(2) will of its service. [FR Doc. 2016–04797 Filed 3–3–16; 8:45 am] be due no later than June 13, 2016, or Board decisions and notices are BILLING CODE 4191–02–P 10 days after service of a decision available on our Web site at granting the petition for exemption, WWW.STB.DOT.GOV. whichever occurs first. Each OFA must Decided: March 1, 2016. 1 SURFACE TRANSPORTATION BOARD be accompanied by a $1,600 filing fee. By the Board, Rachel D. Campbell, All interested persons should be Director, Office of Proceedings. [Docket No. AB 1182X] aware that, following abandonment, the Brendetta S. Jones, Lines may be suitable for other public Clearance Clerk. Brandon Railroad, L.L.C.— use, including interim trail use. Any Abandonment Exemption—in Douglas request for a public use condition under [FR Doc. 2016–04835 Filed 3–3–16; 8:45 am] County, NE 49 CFR 1152.28 or for interim trail use/ BILLING CODE 4915–01–P On February 16, 2016, Brandon rail banking under 49 CFR 1152.29 will Railroad, L.L.C. (BRR), filed with the be due no later March 24, 2016. Each SURFACE TRANSPORTATION BOARD Surface Transportation Board (Board) a interim trail use request must be petition under 49 U.S.C. 10502 for accompanied by a $300 filing fee.2 [Docket No. FD 35998] exemption from the prior approval All filings in response to this notice must refer to Docket No. AB 1182X and Wichita, Tillman & Jackson Railway requirements of 49 U.S.C. 10903 to Company—Lease Exemption abandon 17.3 miles of rail lines (the must be sent to: (1) Surface Transportation Board, 395 E Street SW., Containing Interchange Commitment— Lines) located in Douglas County, Neb. Union Pacific Railroad Company The Lines traverse United States Postal Washington, DC 20423–0001; and (2) Service Zip Code 68107. Karl Morell, Karl Morell & Associates, Wichita, Tillman & Jackson Railway According to BRR, there is currently 655 Fifteenth Street NW., Suite 225, Company (WTJR), a Class III rail carrier, one company, United States Cold Washington, DC 20005. Replies to the has filed a verified notice of exemption Storage, Inc. (Cold Storage), that could petition are due on or before March 24, under 49 CFR 1150.41 to continue to potentially use common carrier rail 2016. lease from Union Pacific Railroad service. In August 2015, BRR entered Persons seeking further information Company (UP) approximately 16.55 into a long-term Confidential Private concerning abandonment procedures miles of rail line located between Transportation Services Agreement with may contact the Board’s Office of Public milepost 0.99 at Wichita Falls, Tex., and Cold Storage in the event Cold Storage Assistance, Governmental Affairs, and milepost 17.54 near Burkburnett, Tex. decides to once again utilize rail service. Compliance at (202) 245–0238 or refer (the Line). Additionally, GBW Railcar Services, to the full abandonment or WTJR states that it was originally LLC (GBW), utilizes the Lines to provide discontinuance regulations at 49 CFR pt. authorized to lease the Line in 1991 1 private carriage for the rail cars moving 1152. Questions concerning and was authorized to renew the lease to and from its repair facilities on the environmental issues may be directed to in 2010.2 WTJR recently entered into a Lines. Once the proposed abandonment the Board’s Office of Environmental lease agreement which, among other is authorized by the Board and Analysis (OEA) at (202) 245–0305. things, extends the term of the lease for consummated, the Lines will continue Assistance for the hearing impaired is 10 years.3 As required by 49 CFR to be used by GBW to provide private available through the Federal 1150.43(h)(1), WTJR has disclosed in its carriage and by BRR to provide contract Information Relay Service (FIRS) at 1– verified notice that the lease agreement (not common carrier) service for Cold 800–877–8339. contains an interchange commitment Storage. An environmental assessment (EA) (or that affects the interchange point at BRR states that the Lines do not environmental impact statement (EIS), if Wichita Falls. In addition, WTJR has contain federally granted rights-of-way. necessary) prepared by OEA will be provided additional information Any documentation in BRR’s possession served upon all parties of record and regarding the interchange commitment will be made available to those upon any agencies or other persons who as required by 49 CFR 1150.43(h). WTJR requesting it. commented during its preparation. The interest of railroad employees Other interested persons may contact 1 See Wichita, Tillman & Jackson Ry.—Lease & will be protected by the conditions set OEA to obtain a copy of the EA (or EIS). Operation Exemption—Mo. Pac. R.R., FD 31787 EAs in these abandonment proceedings (ICC served Jan. 8, 1991). forth in Oregon Short Line Railroad— 2 See Wichita, Tillman & Jackson Ry.—Lease Abandonment Portion Goshen Branch normally will be made available within Renewal Exemption—Union Pac. R.R., FD 35452 Between Firth & Ammon, in Bingham & (STB served Dec. 23, 2010). Bonneville Counties, Idaho, 360 I.C.C. 1 See 49 CFR 1002.2(f)(25). 3 WTJR filed a confidential, complete version of 2 See Regulations Governing Fees for Servs. the lease agreement to be kept confidential by the 91 (1979). Performed in Connection with Licensing & Related Board under 49 CFR 1104.14(a) without need for By issuance of this notice, the Board Servs.—2015 Update, EP 542 (Sub-No. 23), slip op. the filing of an accompanying motion for protective is instituting an exemption proceeding at 17, item 27(i) (STB served July 15, 2015). order under 49 CFR 1104.14(b)

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states that it will continue to be the agencies, will seek public comment and estimated by worldsteel to have operator of the Line. convene a public hearing on the global contracted by 5 percent in 2015 over WTJR certifies that its projected steel industry situation and its impact 2014 levels, more than previously revenues as a result of the proposed on the U.S. steel industry and market. anticipated, while steel production transaction will not result in WTJR’s DATES: Written comments are due by decreased by only 2.2 percent and becoming a Class II or Class I rail carrier 11:59 p.m., March 29, 2016. Persons exports increased by 26 percent in 2015 and that its annual revenues do not wishing to testify orally at the hearing over 2014 levels. Steel production by exceed $5 million. must provide written notification of the European Union, India, South Korea WTJR states that it intends to their intention, as well as a summary of and Brazil is also affecting the global consummate the transaction on or their testimony, by 11:59 p.m., March market and entering the United States. shortly after March 18, 2016, the 29, 2016. The hearing will be held on Many countries have responded to effective date of the exemption (30 days April 12, 2016, beginning at 9:30 a.m. in sharp increases of steel imports from after the verified notice of exemption the Main Hearing Room, 500 E Street China and other countries by taking a was filed). SW., Washington, DC 20436, in the variety of trade remedy measures. If the verified notice contains false or facilities of the U.S. International Trade At the 79th meeting of the OECD Steel misleading information, the exemption Commission. is void ab initio. Petitions to revoke the Committee in December 2015, the ADDRESSES: Written comments and exemption under 49 U.S.C. 10502(d) United States and the governments of notifications of intent to testify should may be filed at any time. The filing of other major steel producing countries be submitted electronically via the a petition to revoke will not noted that ‘‘demand weakness coupled Internet at www.regulations.gov. If you automatically stay the effectiveness of with further increases in steelmaking are unable to provide submissions at the exemption. Petitions for stay must capacity over the next few years—in an www.regulations.gov, please contact Iris be filed no later than March 11, 2016 (at Mayfield at (202) 395–5656, to arrange environment of already low steel prices, least seven days before the exemption for an alternative method of unsustainably weak profitability, and becomes effective). transmission. mounting debt—suggests that An original and 10 copies of all adjustment pressures are likely to grow pleadings, referring to Docket No. FD FOR FURTHER INFORMATION CONTACT: For significantly in the short to medium 35998, must be filed with the Surface procedural questions concerning written term.’’ The OECD Steel Committee Transportation Board, 395 E Street SW., comments, please contact Iris Mayfield called for immediate action to address Washington, DC 20423–0001. In at (202) 395–5656. All other questions the excess capacity challenge and its regarding this notice should be directed addition, a copy of each pleading must impact in the steel sector. be served on applicant’s representative, to Fred Fischer, Director for Industry Karl Morell, Karl Morell & Associates, Affairs, at (202) 395–6114. The U.S. Government is interested in Suite 225, 655 15th Street NW., SUPPLEMENTARY INFORMATION: obtaining stakeholder views on the global steel industry situation and its Washington, DC 20005. 1. Background According to WTJR, this action is impact on the U.S. steel industry and categorically excluded from The Organization for Economic market, as well as other U.S. industry environmental review under 49 CFR Cooperation and Development (OECD) sectors that may have concerns about 1105.6(c). Steel Committee has recently noted the impact of excess capacity on their Board decisions and notices are mounting challenges in the global steel particular market. USTR and Commerce available on our Web site at sector. According to the OECD note that there are a number of on-going WWW.STB.DOT.GOV. Secretariat, global crude steelmaking antidumping and countervailing duty Decided: March 1, 2016. capacity more than doubled from 2000 investigations and administrative to 2014, with global capacity growth led By the Board, Rachel D. Campbell, reviews on steel imports in progress. Director, Office of Proceedings. by an unprecedented expansion in These proceedings are not the subject of capacity by China. Global steelmaking Brendetta S. Jones, this Public Comment and Hearing capacity is projected by the OECD to Clearance Clerk. request. Commenters should note that grow even further in the 2015 to 2017 Commerce will not place the [FR Doc. 2016–04836 Filed 3–3–16; 8:45 am] period, to 2,323 million metric tons information responsive to this request BILLING CODE 4915–01–P (MMT), approximately 700 MMT in for public information in the record of excess of global steel demand in 2015. its antidumping or countervailing duty At the same time, global demand for OFFICE OF THE UNITED STATES proceedings and will not consider such steel is weakening. In October 2015, the information in its proceedings. TRADE REPRESENTATIVE World Steel Association (worldsteel), the global steel producers’ industry 2. Public Comment and Hearing Request for Comments and Notice of association, lowered its forecasts for Public Hearing Concerning Policy world steel demand, estimating that USTR and Commerce invite written Recommendations on the Global Steel demand decreased by 1.7 percent in comments and/or oral testimony of Industry Situation and Impact on U.S. 2015. Global production also decreased interested persons on issues including, Steel Industry and Market by 2.8 percent in 2015 over 2014 levels. but not limited to, the following: (a) AGENCY: Office of the United States Despite significant production and Status and causes of the excess capacity Trade Representative. demand decreases, world steel exports situation in the global steel industry, including other factors that impact the ACTION: Request for comments; notice of have increased by more than 4 percent global steel market (e.g., contracting hearing. between January–July 2015 relative to the same period in 2014, according to markets and softening worldwide SUMMARY: The Office of the United the OECD. demand, weak raw material prices, and States Trade Representative (USTR), Changes in the economy in China, the government support and policies that jointly with the U.S. Department of world’s largest consumer, producer and encourage capacity expansion as well as Commerce (Commerce) and with the exporter of steel, are having impacts exports); (b) countries and policies of participation of other U.S. Government globally. Demand for steel in China is concern; (c) status of the U.S. steel

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market, steel manufacturing supply www.regulations.gov, enter docket possible, please include any exhibits, chain and demand trends; (d) impacts of number USTR–2016–0001 on the home annexes, or other attachments in the foreign trade barriers, unfair trade page and click ‘‘search.’’ The site will same file as the submission itself, not as practices, subsidies and other policies provide a search-results page listing all separate files. on U.S. imports and exports of steel; (e) documents associated with this docket. As noted, USTR and Commerce the current and potential future impact Find a reference to this notice and click strongly urge submitters to file of excess global steelmaking capacity on on the link entitled ‘‘Comment Now!’’ comments through U.S. steel producing companies, U.S. (For further information on using the www.regulations.gov, if at all possible. workers, suppliers to the U.S. steel www.regulations.gov Web site, please Any alternative arrangements must be industry (e.g., iron ore, ferrous scrap, consult the resources provided on the made with Iris Mayfield in advance of and other raw materials), U.S. steel Web site by clicking on ‘‘How to Use transmitting a comment. Ms. Mayfield consuming manufacturers, and States, Regulations.gov’’ on the bottom of the should be contacted at (202) 395–5656. localities and communities; (f) U.S. steel home page). General information concerning USTR industry responses and adjustment to The www.regulations.gov Web site is available at www.ustr.gov. General the impact of the global market situation allows users to provide comments by information concerning Commerce is on their business and overall filling in a ‘‘Type Comment’’ field, or by available at www.commerce.gov. competitiveness, including trade attaching a document using an ‘‘Upload Comments will be placed in the docket remedy and other U.S. enforcement File’’ field. Submitters are requested to and open to public inspection, except actions, industry cost savings efforts and limit comments to 10 double-spaced business confidential information. participation in U.S. export markets; (g) pages and to include an executive Comments may be viewed on the other sectors in which excess capacity summary of no more than two double- www.regulations.gov Web site by impacts their particular industry in the spaced pages, providing supporting entering the relevant docket number in United States and may merit further information in appendices. USTR and the search field on the home page. Commerce prefer that comments be consideration; and (h) views on whether Jim Sanford, further enforcement tools or approaches, provided in an attached document. If a document is attached, it is sufficient to Assistant U.S. Trade Representative for Small or legislative action are needed. Written Business, Market Access and Industrial comments must be received no later type ‘‘See attached’’ in the ‘‘Type Competitiveness. than 11:59 p.m., March 29, 2016. Comment’’ field. USTR prefers [FR Doc. 2016–04857 Filed 3–3–16; 8:45 am] A hearing will be held on April 12, submissions in Microsoft Word (.doc) or 2016, in the Main Hearing Room, 500 E Adobe Acrobat (.pdf). If the submission BILLING CODE 3290–F6–P Street SW., Washington, DC 20436, in is in an application other than those the facilities of the U.S. International two, please indicate the name of the Trade Commission. Persons wishing to application in the ‘‘Type Comment’’ DEPARTMENT OF TRANSPORTATION testify at the hearing must provide field. Federal Aviation Administration written notification of their intention by For any comments submitted 11:59 p.m., March 29, 2016. The intent electronically containing business Notice of Meeting of the National Parks to testify notification must be made in confidential information, the file name Overflights Advisory Group Aviation the ‘‘Type Comment’’ field under docket of the business confidential version Rulemaking Committee number USTR–2016–0001 on the should begin with the characters ‘‘BC’’. www.regulations.gov Web site and The submission must be marked ACTION: Notice of meeting. should include the name, address and ‘‘BUSINESS CONFIDENTIAL’’ at the top telephone number of the person and bottom of the cover page and each SUMMARY: The Federal Aviation presenting the testimony. A summary of succeeding page, and the submission Administration (FAA) and the National the testimony should be attached by should indicate, via brackets, the Park Service (NPS), in accordance with using the ‘‘Upload File’’ field. The name specific information that is confidential. the National Parks Air Tour of the file should also include who will Additionally, ‘‘Business Confidential’’ Management Act of 2000, announce the be presenting the testimony. Remarks at must be included in the ‘‘Type next meeting of the National Parks the hearing should be limited to no Comment’’ field. For any submission Overflights Advisory Group (NPOAG) more than five minutes to allow for containing business confidential Aviation Rulemaking Committee (ARC). possible questions from the government information, a non-confidential version This notification provides the date, representatives. must be submitted separately (i.e., not as location, and agenda for the meeting. part of the same submission with the Date and Location: The NPOAG ARC 3. Requirements for Submissions confidential version), indicating where will meet on April 13, 2016. The Persons submitting a notification of confidential information has been meeting will take place in Biscayne intent to testify and/or written redacted. The file name of the public National Park’s Dante Fascell Visitor comments must do so in English and version should begin with the character Center Auditorium, 9700 SW. 328th must identify (on the first page of the ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be Street, Homestead, FL 33033. The submission) ‘‘Global Steel Industry followed by the name of the person or meeting will be held from 8:30 a.m. to Situation.’’ In order to be assured of entity submitting the comments or reply 4:30 p.m. on April 13, 2016. This consideration, comments should be comments. Filers submitting comments NPOAG meeting will be open to the submitted by 11:59 p.m., March 29, containing no business confidential public. 2016. information should name their file using FOR FURTHER INFORMATION CONTACT: In order to ensure the timely receipt the name of the person or entity Keith Lusk, AWP–1SP, Special and consideration of comments, USTR submitting the comments. Programs Staff, Federal Aviation and Commerce strongly encourage Please do not attach separate cover Administration, Western-Pacific Region commenters to make on-line letters to electronic submissions; rather, Headquarters, P.O. Box 92007, Los submissions, using the include any information that might Angeles, CA 90009–2007, telephone: www.regulations.gov Web site. To appear in a cover letter in the comments (310) 725–3808, email: Keith.Lusk@ submit comments via themselves. Similarly, to the extent faa.gov.

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SUPPLEMENTARY INFORMATION: Los Angeles, CA 90009–2007, 2. Group Meetings (11:00 a.m.–5:00 telephone: (310) 725–3808. p.m.) Background Issued in Hawthorne, CA, on February 29, Wednesday, April 13, 2016 The National Parks Air Tour 2016. 1. Group Meetings (9:00 a.m.–5:00 p.m.) Management Act of 2000 (NPATMA), Keith Lusk, enacted on April 5, 2000, as Public Law Program Manager, Special Programs Staff, Thursday, April 14, 2016 106–181, required the establishment of Western-Pacific Region. 1. Group Meetings (9:00 a.m.–2:00 p.m.) the NPOAG within one year after its [FR Doc. 2016–04849 Filed 3–3–16; 8:45 am] enactment. The Act requires that the 2. Plenary Meeting (2:00 p.m.–4:00 p.m.) BILLING CODE 4910–13–P NPOAG be a balanced group of a. Presentation of WG–95 SG progress representatives of general aviation, report to WG–95/SC–230 b. Q&A sessions commercial air tour operations, DEPARTMENT OF TRANSPORTATION environmental concerns, and Native Attendance is open to the interested American tribes. The Administrator of Federal Aviation Administration public but limited to space availability. the FAA and the Director of NPS (or Members of the public who wish to their designees) serve as ex officio Eighth Meeting: RTCA Special attend should email one of the following members of the group. Representatives Committee (230) Airborne Weather by March 13, 2016: Vince LoPresto at of the Administrator and Director serve Detection Systems (Joint With [email protected]; Francois alternating 1-year terms as chairperson EUROCAE WG–95) Larue at Francois.Larue@ of the advisory group. zodiacaerospace.com; or Jeffery Finley AGENCY: Federal Aviation The duties of the NPOAG include at [email protected]. Administration (FAA), U.S. Department With the approval of the chairman, providing advice, information, and of Transportation. (DOT). recommendations to the FAA members of the public may present oral Administrator and the NPS Director on; ACTION: Notice of Eighth RTCA Special statements at the meeting. Plenary implementation of Public Law 106–181; Committee 230 meeting. information will be provided upon request. Persons who wish to present quiet aircraft technology; other SUMMARY: The FAA is issuing this notice measures that might accommodate statements or obtain information should to advise the public of the Eighth RTCA contact the person listed in the FOR interests to visitors of national parks; Special Committee 230 meeting. and at the request of the Administrator FURTHER INFORMATION CONTACT section. DATES: and the Director, on safety, The meeting will be held April Members of the public may present a environmental, and other issues related 12–14, 2016 from 8:30 a.m.–5:00 p.m. written statement to the committee at to commercial air tour operations over ADDRESSES: The meeting will be held at any time. national parks or tribal lands. Hilton Melbourne Beach Oceanfront Issued in Washington, DC, on March 1, Hotel, 3003 North Highway A1A, 2016. Agenda for the April 13, 2016 NPOAG Melbourne, FL 32903, DC Tel: (202) Latasha Robinson, Meeting 330–0680. Management & Program Analyst, NextGen, The agenda for the meeting will FOR FURTHER INFORMATION CONTACT: The Enterprise Support Services Division, Federal include, but is not limited to, an update RTCA Secretariat, 1150 18th Street NW., Aviation Administration. on ongoing park specific air tour Suite 910, Washington, DC 20036, or by [FR Doc. 2016–04847 Filed 3–3–16; 8:45 am] planning projects, commercial air tour telephone at (202) 833–9339, fax at (202) BILLING CODE 4910–13–P reporting, and the Grand Canyon quiet 833–9434, or Web site at http:// technology seasonal relief incentive. www.rtca.org or Karan Hofmann, Program Director, RTCA, Inc., DEPARTMENT OF TRANSPORTATION Attendance at the Meeting and [email protected], (202) 330–0680. Submission of Written Comments Federal Aviation Administration SUPPLEMENTARY INFORMATION: Pursuant Although this is not a public meeting, to section 10(a)(2) of the Federal Notice of Intent To Rule on Request To interested persons may attend. Because Advisory Committee Act (Pub. L. 92– Release Airport Property at the seating is limited, if you plan to attend 463, 5 U.S.C., App.), notice is hereby McKinney National Airport in please contact the person listed under given for a meeting of RTCA Special McKinney, Texas FOR FURTHER INFORMATION CONTACT so Committee 230. The agenda will include that meeting space may be made to the following: AGENCY: Federal Aviation accommodate all attendees. Written Administration (FAA), DOT. Tuesday, April 12, 2016 comments regarding the meeting will be ACTION: Notice of request to release accepted directly from attendees or may 1. Plenary Meeting (8:30 a.m.–11:00 airport property. be sent to the person listed under FOR a.m.) FURTHER INFORMATION CONTACT. a. Welcome SUMMARY: The FAA proposes to rule and b. Introduction—tour de table— invite public comment on the release of Record of the Meeting Logistic & Agenda land at the McKinney National Airport If you cannot attend the NPOAG c. Short presentation (WG–95)— under the provisions of Section 125 of meeting, a summary record of the TOR—Work Plan—Remaining work the Wendell H. Ford Aviation meeting will be made available under d. Short presentation (WG–95 SG)— Investment Reform Act for the 21st the NPOAG section of the FAA ATMP TOR—Work Plan Century (AIR 21). Web site at: http://www.faa.gov/about/ e. Future Meetings—June/October DATES: Comments must be received on office_org/headquarters_offices/arc/ f. Summary of progress through WG95 or before April 4, 2016. programs/air_tour_management_plan/ SG Webex ADDRESSES: Comments on this parks_overflights_group/minutes.cfm or g. Review of common Actions application may be mailed or delivered through the Special Programs Staff, between WG–95/SC–230 and the to the FAA at the following address: Mr. Western-Pacific Region, P.O. Box 92007, subgroup WG95 SG Cameron Bryan, Acting Manager,

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Federal Aviation Administration, SUMMARY: This notice announces actions South Capitol Street/M Street into an at- Southwest Region, Airports Division, taken by the FHWA and other Federal grade intersection. Streetscape Texas Airports Development Office, agencies that are final within the improvements will be included along ASW–650, 10101 Hillwood Parkway, meaning of 23 U.S.C. 139(l)(1). The the section of South Capitol Street north Fort Worth, Texas 76177. actions relate to a proposed highway of I–695. The I–695/South Capitol Street In addition, one copy of any project, South Capitol Street Project, the interchange will be reconstructed. The comments submitted to the FAA must reconstruction of South Capitol Street existing ramp from northbound South be mailed or delivered to Mr. Ken from Firth Sterling Avenue SE. to D Capitol Street to eastbound I–695 will Wiegand, Airport Manager, at the Street and Suitland Parkway from be converted to an at-grade intersection. following address: P.O. Box 517, Martin Luther King, Jr. Avenue SE. to The eastbound I–695 ramp to McKinney, Texas 75070. South Capitol Street; replacement of the southbound South Capitol Street will be FOR FURTHER INFORMATION CONTACT: Mr. Frederick Douglass Memorial Bridge; converted to an urban interchange ramp Anthony Mekhail, Program Manager, and streetscape improvements to New with South Capitol Street. The Federal Aviation Administration, Texas Jersey Avenue SE., Washington, DC. alignment for the new Frederick Airports Development Office, ASW– Those actions grant licenses, permits, Douglass Memorial Bridge was shifted 650, 10101 Hillwood Parkway, Fort and approvals for the project. parallel to and directly adjacent to the Worth, TX 76177, Telephone: (817) DATES: By this notice, the FHWA is south side or downstream from the 222–5663, email: Anthony.Mekhail@ advising the public of final agency existing bridge superstructure. Traffic faa.gov. actions subject to 23 U.S.C. 139(l)(1). A ovals of approximately 250 feet by 555 The request to release property may claim seeking judicial review of the feet in size will be placed at the both the be reviewed in person at this same Federal agency actions on the highway western and eastern approaches to the location. project will be barred unless the claim new bridge. Both ovals will be oriented SUPPLEMENTARY INFORMATION: The FAA is filed on or before August 1, 2016. If in the same direction. The east traffic invites public comment on the request the Federal law that authorizes judicial oval will be located entirely within the to release property at the McKinney review of a claim provides a time period existing DDOT right-of-way. The west National Airport under the provisions of of less than 150 days for filing such oval will connect South Capitol Street, the AIR 21. claim, then that shorter time period still Potomac Avenue and Q Street SW. The The following is a brief overview of applies. east oval will connect with the realigned the request: FOR FURTHER INFORMATION CONTACT: For South Capitol Street and Suitland City of McKinney requests the release FHWA: Mr. Joseph C. Lawson, Division Parkway, and provide a direct roadway of 0.166 acress and 0.064 of non- Administrator, Federal Highway connection with the Poplar Point aeronautical airport property. The Administration, 1990 K Street NW., section of Anacostia Park, including its property is located on the south side of Suite 510, Washington, DC 20006–1103; shared-use paths. The Martin Luther the airport near FM 546. The property telephone: (202) 219–3570; email: King, Jr. Avenue SE overpass at Suitland to be released will be sold and revenues [email protected]. The Parkway will be converted into an urban shall be used to fund enhance FHWA District of Columbia Division diamond interchange. This will include development, operations and Office’s normal business hours are 8:00 the widening of Martin Luther King, Jr. maintenance of the airport. Any person a.m. to 4:30 p.m. (eastern time). You Avenue SE at Suitland Parkway to may inspect the request in person at the may also contact Mr. Delmar Lytle, accommodate a new multi-use trail. The FAA office listed above under FOR Program Manager, Anacostia Waterfront existing Suitland Parkway/I–295 FURTHER INFORMATION CONTACT. Initiative, District Department of interchange will be converted into a In addition, any person may, upon Transportation (DDOT), 55 M Street SE., modified diamond with a two-lane loop request, inspect the application, notice Suite 400, Washington, DC, 20003; ramp for I–295 southbound at Suitland and other documents relevant to the telephone: (202) 741–5356; email: Parkway, and a new traffic signal at the application in person at the McKinney [email protected]. The District merge point with Suitland Parkway. National Airport, telephone number Department of Transportation’s normal The Federal-aid project number is: (972) 562–4053. business hours are 8:15 a.m. to 4:45 p.m. 1501(041). The Notice of Intent (NOI) Issued in Fort Worth, Texas, on January 28, (eastern time). was issued on April 26, 2005; the Draft 2016. SUPPLEMENTARY INFORMATION: Notice is Environmental Impact Statement/ Ignacio Flores, hereby given that the FHWA and other Section 4(f) Evaluation (DEIS) was Manager, Airports Division. Federal agencies have taken final agency issued on February 15, 2008; the Final [FR Doc. 2016–04851 Filed 3–3–16; 8:45 am] actions subject to 23 U.S.C. 139(l)(1) and Environmental Impact Statement/ Section 4(f) Evaluation (FEIS) was BILLING CODE 4910–13–P as allowed in Section 1319(b) of the Moving Ahead for Progress in the 21st signed on March 22, 2011. The Revised Century Act (MAP–21) has issued a Notice of Intent (NOI) for the DEPARTMENT OF TRANSPORTATION combined Supplemental Final Supplemental Draft Environmental Environmental Impact Statement and Impact Statement (SDEIS) was issued in Federal Highway Administration Record of Decision for the following December 8, 2014; the SDEIS was issued highway project in the District of on December 19, 2014; a combined Notice of Final Federal Agency Actions Columbia. The South Capitol Street Supplemental Final Environmental on Proposed Highway in Washington, Project will include South Capitol Street Impact Statement (SFEIS) and Record of District of Columbia being rebuilt as a six-lane boulevard Decision was issued on August 28, AGENCY: Federal Highway with a landscaped median west of the 2015. Information about the project is Administration (FHWA), DOT Anacostia River. This will include also available from the FHWA and the reconstruction of the at-grade District Department of Transportation at ACTION: Notice of limitation on claims intersections at I, N, O, P, K, and L the addresses provided above. The for judicial review of actions by FHWA Streets, and the conversion of the SDEIS, SFEIS/ROD and other and other Federal agencies existing grade-separated intersection at documents can be viewed and

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downloaded from the project Web site (Catalog of Federal Domestic Assistance Docket: For access to the docket to at: http://southcapitoleis.com/ Program Number 20.205, Highway Planning read background documents or documents/. and Construction. The regulations comments, go to http:// This notice applies to other Federal implementing Executive Order 12372 www.regulations.gov and/or Room agency decisions as of the issuance date regarding intergovernmental consultation on W12–140 on the ground level of the Federal programs and activities apply to this of this notice and all laws under which program.) West Building, 1200 New Jersey Avenue actions were taken including, but not SE., Washington, DC, between 9 a.m. limited to: Authority: 23 U.S.C. 139(l)(1). and 5 p.m., Monday through Friday, 1. General: National Environmental Issued on: February 23, 2016. except Federal holidays. Policy Act (NEPA) [42 U.S.C. 4321– Privacy Act: In accordance with 5 4347]; Federal-Aid Highway Act [23 Joseph C. Lawson, U.S.C. 553(c), DOT solicits comments U.S.C. 109 and 23 U.S.C.128]. Division Administrator, District of Columbia. from the public to better inform its 2. Council on Environmental Quality [FR Doc. 2016–04546 Filed 3–3–16; 8:45 am] rulemaking process. DOT posts these (CEQ) regulations (40 CFR parts 1500– BILLING CODE 4910–22–P comments, without edit, including any 1508), FHWA Code of Federal personal information the commenter Regulations (23 CFR 771.101–771.137, provides, to www.regulations.gov, as et seq.). DEPARTMENT OF TRANSPORTATION described in the system of records 3. Air: Clean Air Act, 42 U.S.C. 7401– notice (DOT/ALL–14 FDMS), which can Federal Motor Carrier Safety 7671(q). be reviewed at www.dot.gov/privacy. 4. Land: Section 4(f) of the Administration Department of Transportation Act of [Docket No. FMCSA–2015–0071] II. Background 1966 [23 U.S.C. 138 and 49 U.S.C. 303]. On November 2, 2015, FMCSA 5. Wildlife: Endangered Species Act Qualification of Drivers; Exemption published a notice of receipt of [16 U.S.C. 1531–1544 and Section Applications; Vision exemption applications from certain 1536], Marine Mammal Protection Act individuals, and requested comments AGENCY: Federal Motor Carrier Safety [16 U.S.C. 1361], Anadromous Fish from the public (80 FR 67472). That Administration (FMCSA), DOT. Conservation Act [16 U.S.C. 757(a)– notice listed 28 applicants’ case 757(g)], Fish and Wildlife Coordination ACTION: Notice of final disposition. histories. The 28 individuals applied for Act [16 U.S.C. 661–667(d)], Migratory SUMMARY: FMCSA announces its exemptions from the vision requirement Bird Treaty Act [16 U.S.C. 703–712]. decision to exempt 28 individuals from in 49 CFR 391.41(b)(10), for drivers who 6. Historic and Cultural Resources: the vision requirement in the Federal operate CMVs in interstate commerce. Section 106 of the National Historic Motor Carrier Safety Regulations Under 49 U.S.C. 31136(e) and 31315, Preservation Act of 1966, as amended (FMCSRs). They are unable to meet the FMCSA may grant an exemption for a 2- [16 U.S.C. 470(f) et seq.]; Archeological vision requirement in one eye for year period if it finds ‘‘such exemption Resources Protection Act of 1977 [16 various reasons. The exemptions will would likely achieve a level of safety U.S.C. 470(aa)–II]; Archeological and enable these individuals to operate that is equivalent to or greater than the Historic Preservation Act [16 U.S.C. commercial motor vehicles (CMVs) in level that would be achieved absent 469–469(c)]; Native American Grave interstate commerce without meeting such exemption.’’ The statute also Protection and Repatriation Act the prescribed vision requirement in allows the Agency to renew exemptions (NAGPRA) [25 U.S.C. 3001–3013]. one eye. The Agency has concluded that at the end of the 2-year period. 7. Social and Economic: Title VI of granting these exemptions will provide Accordingly, FMCSA has evaluated the the Civil Rights Act of 1964 [42 U.S.C. a level of safety that is equivalent to or 28 applications on their merits and 2000(d)–2000(d)(1)]. greater than the level of safety made a determination to grant 8. Wetlands and Water Resources: maintained without the exemptions for exemptions to each of them. Safe Drinking Water Act (SDWA), 42 these CMV drivers. U.S.C. 300(f)–300(j); TEA–21 Wetlands III. Vision and Driving Experience of Mitigation, 23 U.S.C. 103(b)(6)(m); Land DATES: The exemptions were granted the Applicants and Water Conservation Fund (LWCF), December 3, 2015. The exemptions The vision requirement in the 16 U.S.C. 4601–4604. expire on December 3, 2017. FMCSRs provides: 9. Hazardous Materials: FOR FURTHER INFORMATION CONTACT: A person is physically qualified to Comprehensive Environmental Christine A. Hydock, Chief, Medical drive a commercial motor vehicle if that Response, Compensation, and Liability Programs Division, (202) 366–4001, person has distant visual acuity of at Act (CERCLA), 42 U.S.C. 9601–9675. [email protected], FMCSA, least 20/40 (Snellen) in each eye 10. Executive Orders: E.O. 11990 Department of Transportation, 1200 without corrective lenses or visual Protection of Wetlands; E.O. 11988 New Jersey Avenue SE., Room W64– acuity separately corrected to 20/40 Floodplain Management; E.O. 12898, 113, Washington, DC 20590–0001. (Snellen) or better with corrective Federal Actions to Address Office hours are 8:30 a.m. to 5 p.m., e.t., lenses, distant binocular acuity of a least Environmental Justice in Minority Monday through Friday, except Federal 20/40 (Snellen) in both eyes with or Populations and Low Income holidays. If you have questions without corrective lenses, field of vision Populations; E.O. 11593 Protection and regarding viewing or submitting of at least 70° in the horizontal meridian Enhancement of Cultural Resources; material to the docket, contact Docket in each eye, and the ability to recognize E.O. 11514 Protection and Enhancement Services, telephone (202) 366–9826. the colors of traffic signals and devices of Environmental Quality. SUPPLEMENTARY INFORMATION: showing red, green, and amber (49 CFR 11. Provisions of Safe Accountable 391.41(b)(10)). Flexible Efficient Transportation Equity I. Electronic Access FMCSA recognizes that some drivers Act: A Legacy for Users (SAFETEA–LU) You may see all the comments online do not meet the vision requirement but and the Moving Ahead for Progress in through the Federal Document have adapted their driving to the 21st Century Act (MAP–21), which Management System (FDMS) at http:// accommodate their vision limitation replaced SAFETEA–LU on July 6, 2012. www.regulations.gov. and demonstrated their ability to drive

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safely. The 28 exemption applicants be restricted to intrastate driving. With probability of an individual listed in this notice are in this category. the exemption, applicants can drive in experiencing future crashes (See Weber, They are unable to meet the vision interstate commerce. Thus, our analysis Donald C., ‘‘Accident Rate Potential: An requirement in one eye for various focuses on whether an equal or greater Application of Multiple Regression reasons, including amblyopia, cataract, level of safety is likely to be achieved by Analysis of a Poisson Process,’’ Journal central scotoma, chorioretinal scar, permitting each of these drivers to drive of American Statistical Association, complete loss of vision, detached retina, in interstate commerce as opposed to June 1971). A 1964 California Driver esotropia, macular degeneration, restricting him or her to driving in Record Study prepared by the California myopic degeneration, ocular aneurysm, intrastate commerce. Department of Motor Vehicles optic nerve atrophy, optic nerve To evaluate the effect of these concluded that the best overall crash coloboma, optic neuropathy, prosthetic exemptions on safety, FMCSA predictor for both concurrent and eye, refractive amblyopia, and retinal considered the medical reports about nonconcurrent events is the number of detachment. In most cases, their eye the applicants’ vision as well as their single convictions. This study used 3 conditions were not recently developed. driving records and experience with the consecutive years of data, comparing the Sixteen of the applicants were either vision deficiency. experiences of drivers in the first 2 years born with their vision impairments or To qualify for an exemption from the with their experiences in the final year. have had them since childhood. vision requirement, FMCSA requires a Applying principles from these The 12 individuals that sustained person to present verifiable evidence studies to the past 3-year record of the their vision conditions as adults have that he/she has driven a commercial 28 applicants, no drivers were involved had it for a range of 6 to 25 years. vehicle safely with the vision deficiency in crashes, and 2 drivers were convicted Although each applicant has one eye for the past 3 years. Recent driving of moving violations in CMVs. All the which does not meet the vision performance is especially important in applicants achieved a record of safety evaluating future safety, according to requirement in 49 CFR 391.41(b)(10), while driving with their vision several research studies designed to each has at least 20/40 corrected vision impairment, demonstrating the correlate past and future driving in the other eye, and in a doctor’s likelihood that they have adapted their performance. Results of these studies opinion, has sufficient vision to perform driving skills to accommodate their support the principle that the best all the tasks necessary to operate a CMV. condition. As the applicants’ ample predictor of future performance by a Doctors’ opinions are supported by the driving histories with their vision driver is his/her past record of crashes applicants’ possession of valid deficiencies are good predictors of and traffic violations. Copies of the commercial driver’s licenses (CDLs) or future performance, FMCSA concludes studies may be found at Docket Number non-CDLs to operate CMVs. Before their ability to drive safely can be FMCSA–1998–3637. issuing CDLs, States subject drivers to projected into the future. knowledge and skills tests designed to FMCSA believes it can properly apply We believe that the applicants’ evaluate their qualifications to operate a the principle to monocular drivers, intrastate driving experience and history CMV. because data from the Federal Highway All of these applicants satisfied the Administration’s (FHWA) former waiver provide an adequate basis for predicting testing requirements for their State of study program clearly demonstrate the their ability to drive safely in interstate residence. By meeting State licensing driving performance of experienced commerce. Intrastate driving, like requirements, the applicants monocular drivers in the program is interstate operations, involves demonstrated their ability to operate a better than that of all CMV drivers substantial driving on highways on the CMV, with their limited vision, to the collectively (See 61 FR 13338, 13345, interstate system and on other roads satisfaction of the State. March 26, 1996). The fact that built to interstate standards. Moreover, While possessing a valid CDL or non- experienced monocular drivers driving in congested urban areas CDL, these 28 drivers have been demonstrated safe driving records in the exposes the driver to more pedestrian authorized to drive a CMV in intrastate waiver program supports a conclusion and vehicular traffic than exists on commerce, even though their vision that other monocular drivers, meeting interstate highways. Faster reaction to disqualified them from driving in the same qualifying conditions as those traffic and traffic signals is generally interstate commerce. They have driven required by the waiver program, are also required because distances between CMVs with their limited vision in likely to have adapted to their vision them are more compact. These careers ranging for 3 to 43 years. In the deficiency and will continue to operate conditions tax visual capacity and past three years, no drivers were safely. driver response just as intensely as involved in crashes, and 2 drivers were The first major research correlating interstate driving conditions. The convicted of moving violations in past and future performance was done veteran drivers in this proceeding have CMVs. in England by Greenwood and Yule in operated CMVs safely under those The qualifications, experience, and 1920. Subsequent studies, building on conditions for at least 3 years, most for medical condition of each applicant that model, concluded that crash rates much longer. Their experience and were stated and discussed in detail in for the same individual exposed to driving records lead us to believe that the November 2, 2015 notice (80 FR certain risks for two different time each applicant is capable of operating in 67472). periods vary only slightly (See Bates interstate commerce as safely as he/she and Neyman, University of California has been performing in intrastate IV. Basis for Exemption Determination Publications in Statistics, April 1952). commerce. Consequently, FMCSA finds Under 49 U.S.C. 31136(e) and 31315, Other studies demonstrated theories of that exempting these applicants from FMCSA may grant an exemption from predicting crash proneness from crash the vision requirement in 49 CFR the vision requirement in 49 CFR history coupled with other factors. 391.41(b)(10) is likely to achieve a level 391.41(b)(10) if the exemption is likely These factors—such as age, sex, of safety equal to that existing without to achieve an equivalent or greater level geographic location, mileage driven and the exemption. For this reason, the of safety than would be achieved conviction history—are used every day Agency is granting the exemptions for without the exemption. Without the by insurance companies and motor the 2-year period allowed by 49 U.S.C. exemption, applicants will continue to vehicle bureaus to predict the 31136(e) and 31315 to the 28 applicants

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listed in the notice of November 2, 2015 Hector J. Lopez (NC) SUPPLEMENTARY INFORMATION: (80 FR 67472). John V. Narretto, Jr. (LA) I. Overview: Pursuant to 49 U.S.C. We recognize that the vision of an Branden J. Ramos (CA) 30118(d) and 30120(h) (see applicant may change and affect his/her Sonny Scott (OH) implementing rule at 49 CFR part 556), ability to operate a CMV as safely as in Jarrod R. Seirer (KS) Cooper submitted a petition for an the past. As a condition of the Vince A. Thompson (OR) exemption from the notification and exemption, therefore, FMCSA will Daniel R. Viscaya (NC) remedy requirements of 49 U.S.C. Carlos Vives, Jr. (NJ) impose requirements on the 28 Otis H. Wright, Jr. (MD) Chapter 301 on the basis that this individuals consistent with the noncompliance is inconsequential to In accordance with 49 U.S.C. 31136(e) grandfathering provisions applied to motor vehicle safety. and 31315, each exemption will be valid drivers who participated in the Notice of receipt of Cooper’s petition for 2 years unless revoked earlier by Agency’s vision waiver program. was published, with a 30-day public FMCSA. The exemption will be revoked Those requirements are found at 49 comment period, on October 22, 2015 in if: (1) The person fails to comply with CFR 391.64(b) and include the the Federal Register (80 FR 64057). No the terms and conditions of the following: (1) That each individual be comments were received. To view the exemption; (2) the exemption has physically examined every year (a) by petition and all supporting documents resulted in a lower level of safety than an ophthalmologist or optometrist who log onto the Federal Docket was maintained before it was granted; or attests that the vision in the better eye Management System (FDMS) Web site (3) continuation of the exemption would continues to meet the requirement in 49 at: http://www.regulations.gov/. Then not be consistent with the goals and follow the online search instructions to CFR 391.41(b)(10) and (b) by a medical objectives of 49 U.S.C. 31136 and 31315. examiner who attests that the individual If the exemption is still effective at the locate docket number ‘‘NHTSA–2015– is otherwise physically qualified under end of the 2-year period, the person may 0091.’’ II. Tires Involved: Affected are 49 CFR 391.41; (2) that each individual apply to FMCSA for a renewal under approximately 1,350 Cooper Weather- provide a copy of the ophthalmologist’s procedures in effect at that time. or optometrist’s report to the medical Master S/T2 size 215/70R15 tires examiner at the time of the annual Issued on: February 24, 2016. manufactured between April 26, 2015 medical examination; and (3) that each Larry W. Minor, and May 29, 2015. individual provide a copy of the annual Associate Administrator for Policy. III. Noncompliance: Cooper explains medical certification to the employer for [FR Doc. 2016–04801 Filed 3–3–16; 8:45 am] that the noncompliance is that the retention in the driver’s qualification BILLING CODE 4910–EX–P inboard sidewalls of the subject tires are file, or keep a copy in his/her driver’s labeled with an incorrect manufacturer’s qualification file if he/she is self- identification mark and therefore do not employed. The driver must have a copy DEPARTMENT OF TRANSPORTATION fully meet all applicable requirements of of the certification when driving, for paragraph S5.5.1(b) of FMVSS No. 139. National Highway Traffic Safety presentation to a duly authorized Specifically, the tires are labeled with Administration Federal, State, or local enforcement manufacturer’s identification mark official. [Docket No. NHTSA–2015–0091; Notice 2] ‘‘U8’’ instead of ‘‘U9.’’ IV. Rule Text: Paragraph S5.5.1 of V. Discussion of Comments Cooper Tire & Rubber Company, Grant FMVSS No. 139 requires in pertinent FMCSA received no comments in this of Petition for Decision of part: proceeding. Inconsequential Noncompliance S5.5.1 Tire Identification Number. IV. Conclusion AGENCY: National Highway Traffic ... Safety Administration (NHTSA), (b) Tires manufactured on or after Based upon its evaluation of the 28 Department of Transportation (DOT). September 1, 2009. Each tire must be labeled exemption applications, FMCSA with the tire identification number required exempts the following drivers from the ACTION: Grant of petition. by 49 CFR part 574 on the intended outboard vision requirement in 49 CFR SUMMARY: Cooper Tire & Rubber sidewall of the tire. Except for retreaded tires, 391.41(b)(10), subject to the Company (Cooper), has determined that either the tire identification number or a partial tire identification number, containing requirements cited above (49 CFR certain Cooper tires do not fully comply 391.64(b)): all characters in the tire identification with paragraph S5.5.1(b) of Federal number, except for the date code and, at the Bruce D. Amundson (IA) Motor Vehicle Safety Standard (FMVSS) discretion of the manufacturer, any optional Terry M. Baldwin (PA) No. 139, New Pneumatic Tires Radial code, must be labeled on the other sidewall Gene B. Clyde, Jr. (NY) Tires for Light Vehicles. Cooper filed a of the tire. Except for retreaded tires, if a tire Joseph Coelho Jr. (RI) report dated August 13, 2015, pursuant does not have an intended outboard sidewall, Levi R. Coutcher (WA) to 49 CFR part 573, Defect and the tire must be labeled with the tire Leonard H. Culbertson (GA) Noncompliance Responsibility and identification number required by 49 CFR Craig L. Dawson, Sr. (OH) Reports. Cooper then petitioned NHTSA part 574 on one sidewall and with either the Jason R. Gast (MO) tire identification number or a partial tire under 49 CFR part 556 requesting a identification number, containing all Nirmal S. Gill (CA) decision that the subject noncompliance Robert C. Green, Jr. (PA) characters in the tire identification number is inconsequential to motor vehicle except for the date code and, at the discretion Stanley Grubb (KY) safety. Louis M. Hankins (IL) of the manufacturer, any optional code, on the other side wall. Nathan H. Jacobs (NM) ADDRESSES: For further information on Danny L. Keplinger (VA) this decision contact Abraham Diaz, V. Summary of Cooper’s Petition: Kimber S. Krushinski (NY) Office of Vehicle Safety Compliance, the Cooper states its belief that the subject Carmelo Lana (NJ) National Highway Traffic Safety noncompliance is inconsequential to Keith A. Lang (TX) Administration (NHTSA), telephone motor vehicle safety because while the Nathan D. Langham (IL) (202) 366–5310, facsimile (202) 366– subject tires contain an incorrect Michael S. Lewis (NC) 5930. manufacturer’s identification mark on

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the inboard sidewall, the full and brand name is marked on both control after Cooper notified them that correct tire code (including the correct sidewalls. NHTSA believes this the subject noncompliance existed. manufacturer’s identification mark) is noncompliance will not cause Authority: 49 U.S.C. 30118, 30120: available on the intended outboard misidentification of the tire Delegations of authority at 49 CFR 1.95 and sidewall. In addition, Cooper stated that manufacturer should a safety defect be 501.8. the tires are marked with the Cooper identified in the subject tires. Weather-Master S/T2 brand name that is Cooper additionally informed NHTSA Jeffrey M. Giuseppe, exclusively owned by Cooper Tire & that the subject tires meet and/or exceed Director, Office of Vehicle Safety Compliance. Rubber Company. all performance requirements and all [FR Doc. 2016–04698 Filed 3–3–16; 8:45 am] Cooper also indicated that it has taken other labeling markings as required by BILLING CODE 4910–59–P the following steps to ensure proper FMVSS No. 139 and that Cooper is not registration of the subject tires: aware of any crashes, injuries, customer (a) Cooper has informed all internal complaints, or field reports associated DEPARTMENT OF TRANSPORTATION personnel responsible for manual with the subject tires. processing of tire registration cards National Highway Traffic Safety Cooper also notified NHTSA that Administration about the ‘‘U8’’ issue so that cards proper registration of the tires will be containing the ‘‘U8’’ designation will be accepted with the erroneous code. [Docket No. NHTSA–2016–0025; Notice 1] accepted and properly processed when Cooper collectively worked with CIMS all other information accurately (Computerized Information and BMW of North America, LLC, Receipt identifies the subject tires. And, Cooper Management Services), Inc., to ensure of Petition for Decision of will follow up with the consumer that the subject tires are correctly Inconsequential Noncompliance seeking additional information by registered regardless of the incorrect AGENCY: National Highway Traffic providing a prepaid response card. code. Safety Administration (NHTSA), (b) Cooper is in the process of The agency believes that the true Department of Transportation (DOT). modifying its database to accept ‘‘U8’’ measure of inconsequentiality to motor ACTION: Receipt of petition. when other information (brand, serial vehicle safety in this case is that there weeks affected etc.) is accurate. is no effect of the noncompliance on the SUMMARY: BMW of North America, LLC (c) Cooper has contacted operational safety of vehicles on which (BMW), has determined that certain Computerized Information and these tires are mounted and that the model year (MY) 2016 BMW 7 Series Management Services, Inc. (CIMS) so manufacturer of the tires can be readily passenger cars do not fully comply with that tire registration cards will not be identified. paragraph S7.7.13.3 of Federal Motor rejected solely due to improper plant Cooper also informed NHTSA that on Vehicle Safety Standard (FMVSS) No. code information. May 29, 2015 it corrected the mold 108, Lamps, reflective devices and Cooper additionally informed NHTSA associated equipment. BMW filed a that on May 29, 2015 the incorrect mold problem that originated the non- compliance. report dated January 21, 2016, pursuant was pulled and the stamping error that to 49 CFR part 573, Defect and caused the subject noncompliance was NHTSA Decision: In consideration of the foregoing, NHTSA finds that Cooper Noncompliance Responsibility and corrected at that time. Reports. BMW then petitioned NHTSA Refer to Coopers’ petition for their has met its burden of persuasion that under 49 CFR part 556 requesting a complete reasoning. The petition and all the subject FMVSS No. 139 decision that the subject noncompliance supporting documents are available by noncompliance in the affected tires is is inconsequential to motor vehicle logging onto the Federal Docket inconsequential to motor vehicle safety. safety. Management System (FDMS) Web site Accordingly, Cooper’s petition is hereby at: http://www.regulations.gov/ and granted and Cooper is consequently DATES: The closing date for comments following the online search instructions exempted from the obligation of on the petition is April 4, 2016. to locate the docket number listed in the providing notification of, and a free ADDRESSES: Interested persons are title of this notice. remedy for, the subject noncompliance invited to submit written data, views, In summation, Cooper believes that under 49 U.S.C. 30118 and 30120. and arguments on this petition. the described noncompliance of the NHTSA notes that the statutory Comments must refer to the docket and subject tires is inconsequential to motor provisions (49 U.S.C. 30118(d) and notice number cited in the title of this vehicle safety, and that its petition, to 30120(h)) that permit manufacturers to notice and submitted by any of the exempt Cooper from providing recall file petitions for a determination of following methods: notification of noncompliance as inconsequentiality allow NHTSA to • Mail: Send comments by mail required by 49 U.S.C. 30118 and exempt manufacturers only from the addressed to: U.S. Department of remedying the recall noncompliance as duties found in sections 30118 and Transportation, Docket Operations, M– required by 49 U.S.C. 30120 should be 30120, respectively, to notify owners, 30, West Building Ground Floor, Room granted. purchasers, and dealers of a defect or W12–140, 1200 New Jersey Avenue SE., noncompliance and to remedy the Washington, DC 20590. NHTSA’S Decision defect or noncompliance. Therefore, this • Hand Deliver: Deliver comments by NHTSA’s Analysis: While the first decision only applies to the subject tires hand to: U.S. Department of grouping of the tire identification that Cooper no longer controlled at the Transportation, Docket Operations, M– number (TIN) on the subject tires is time it determined that the 30, West Building Ground Floor, Room marked with the incorrect noncompliance existed. However, the W12–140, 1200 New Jersey Avenue SE., manufacturer’s identification code granting of this petition does not relieve Washington, DC 20590. The Docket ‘‘U8,’’ instead of the correct code ‘‘U9,’’ tire distributors and dealers of the Section is open on weekdays from 10 this mismarking is only on the inner prohibitions on the sale, offer for sale, a.m. to 5 p.m. except Federal Holidays. sidewall. The correct full TIN is or introduction or delivery for • Electronically: Submit comments properly marked on the outside introduction into interstate commerce of electronically by: Logging onto the sidewall, and the correct corporate the noncompliant tires under their Federal Docket Management System

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(FDMS) Web site at http:// III. Noncompliance: BMW states that requirement of FMVSS No. 108. BMW www.regulations.gov/. Follow the online the rear license plate lamp may not fully submitted one representative test report instructions for submitting comments. conform to paragraph S7.7.13.3 of for each test condition. The results are Comments may also be faxed to (202) FMVSS No. 108 because it exceeds the as follows: 493–2251. illumination ratio specified in that —U–SHIN out-of-specification lamp Comments must be written in the paragraph. tests: These showed an illumination English language, and be no greater than IV. Rule Text: Paragraph S7.7.13.3 of ratio of 22.0. BMW noted, however, 15 pages in length, although there is no FMVSS No. 108 requires, in pertinent that each of the eight (8) test points limit to the length of necessary part: satisfies the applicable FMVSS No. attachments to the comments. If S7.7.13.3 The ratio of the average of the 108 photometric (illumination) comments are submitted in hard copy two highest illumination values divided by requirements. form, please ensure that two copies are the average of the two lowest illumination —BMW out-of-specification lamp tests: provided. If you wish to receive values must not exceed 20:1 for vehicles BMW performed its own out-of- confirmation that comments you have other than motorcycles and motor driven specification tests to verify U–SHIN’s submitted by mail were received, please cycles. test results and to obtain results for enclose a stamped, self-addressed V. Summary of BMW’s Petition: BMW the lamps when equipped within a postcard with the comments. Note that described the subject noncompliance vehicle. These showed an all comments received will be posted and stated its belief that the illumination ratio of 22.2. BMW without change to http:// noncompliance is inconsequential to noted, however, that each of the eight www.regulations.gov, including any motor vehicle safety for the following (8) test points satisfies the applicable personal information provided. reasons: FMVSS No. 108 photometric The petition, supporting materials, • The out-of-specification lamps (illumination) requirements. and all comments received before the —U–SHIN in-specification lamp tests: close of business on the closing date satisfy all other requirements of FMVSS These showed an illumination ratio of indicated above will be filed in the No. 108. • 13.8. As with the previously docket and will be considered. All The out-of-specification lamps only described tests, BMW noted, however, comments and supporting materials deviate from paragraph 7.7.13.3 of that each of the eight (8) test points received after the closing date will also FMVSs No. 108 with regard to the satisfies the applicable FMVSS No. be filed and will be considered to the lamp’s illumination ratio and not the lamp’s actual illumination. 108 photometric (illumination) extent possible. • When the petition is granted or Personnel who participated in a requirements. denied, notice of the decision will also company assessment reported no —BMW in-specification tests: BMW be published in the Federal Register difference in their visual perception of performed their own in-specification pursuant to the authority indicated at the simulated license plates that were tests to verify U–SHIN’s test results the end of this notice. used as test specimens. and to obtain results for the lamps All documents submitted to the • BMW has not received any when equipped within a vehicle. docket may be viewed by anyone at the customer complaints related to the These showed an illumination ratio of address and times given above. The issue. 13.9. BMW again noted, however, that documents may also be viewed on the • BMW is not aware of any accidents each of the eight (8) test points Internet at http://www.regulations.gov or injuries related to this issue. satisfies the applicable FMVSS No. by following the online instructions for • NHTSA has previously granted 108 applicable photometric accessing the dockets. The docket ID petitions in which the illumination of (illumination) requirements. number for this petition is shown at the test points remains well above the (3) Evaluation by human assessment: heading of this notice. requirements. In addition to the laboratory testing DOT’s complete Privacy Act • Vehicle production has been performed by both BMW and U–SHIN Statement is available for review in the corrected. using specific lamp measurement Federal Register published on April 11, In support of its petition, BMW equipment, BMW also compared the 2000, (65 FR 19477–78). submitted the following information out-of-specification lamps to the in- SUPPLEMENTARY INFORMATION: pertaining to laboratory testing and specification lamps via human I. Overview: Pursuant to 49 U.S.C. analysis of the subject noncompliance: assessment. BMW performed this 30118(d) and 30120(h) (see (1) FMVSS No. 108 Lamp assessment to determine whether or not implementing rule at 49 CFR part 556), Certification: BMW submitted a test the condition caused by the non- BMW submitted a petition for an report dated April 7, 2015 pertaining to compliance was perceptible to other exemption from the notification and lamps manufactured by U–SHIN Italia road users (i.e., drivers approaching an remedy requirements of 49 U.S.C. S.p.A. (U–SHIN) prior to vehicle affected vehicle) and, if so, its effect on Chapter 301 on the basis that this production. According to BMW, this safety. noncompliance is inconsequential to report indicates that the lamp satisfies BMW submitted photographs that motor vehicle safety. FMVSS No. 108 requirements, as the depict the illumination of a test This notice of receipt of BMW’s ratio of the average of the two highest specimen simulating a rear license plate petition is published under 49 U.S.C. illumination values divided by the by both in-specification and out-of- 30118 and 30120 and does not represent average of the two lowest illumination specification lamps. According to BMW, any agency decision or other exercise of values is 14.1, and FMVSS No. 108 while there may be a slightly judgment concerning the merits of the requires that the value be less than 20. perceptible difference in the petition. (2) Evaluation by Measurement photographs depicting the test specimen II. Vehicles Involved: Affected are Equipment: Both BMW and U–SHIN illuminated by in-specification and out- approximately 5,076 MY 2016 BMW 7 performed a number of tests of both in- of-specification lamps, this is due to Series passenger cars that were specification and out-of-specification tolerances of the camera equipment manufactured between August 03, 2015 lamps to assess the performance of the related to exposure time and shutter and November 20, 2015. subject lamps to the pertinent speed. BMW stated that the personnel

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who participated in this assessment 30120, respectively, to notify owners, program, including a statutory 60-day reported no difference in their visual purchasers, and dealers of a defect or Congressional notification requirement, perception of the test specimens. noncompliance and to remedy the which is no later than July 30, 2016. In Additionally, BMW noted that even defect or noncompliance. Therefore, any order to ensure that the NSFHP grants for the out-of-specification lamp, all of decision on this petition only applies to are awarded in an expeditious manner the eight (8) test points satisfy the the subject vehicles that BMW no longer and in the timeframes established by the applicable FMVSS No. 108 photometric controlled at the time it determined that FAST Act, the Department requests (illumination) requirements. BMW the noncompliance existed. However, approval of an information collection emphasized that the noncompliance any decision on this petition does not using OMB’s emergency processing pertains to the illumination ratio, not to relieve vehicle distributors and dealers system to meet Paperwork Reduction the actual lamp illumination. As a of the prohibitions on the sale, offer for Act (PRA) requirements. consequence, BMW asserts that while sale, or introduction or delivery for Information related to this ICR, the noncompliance condition can be introduction into interstate commerce of including applicable supporting measured in a laboratory, it cannot be the noncompliant vehicles under their documentation may be obtained by detected by the human eye, and control after BMW notified them that contacting the NSFHP program manager therefore drivers of approaching the subject noncompliance existed. via email at [email protected]. vehicles will be afforded the same level Authority: 49 U.S.C. 30118, 30120: DATES: Comments should be submitted of visibility as if approaching a non- delegations of authority at 49 CFR 1.95 and as soon as possible upon publication of affected vehicle. According to BMW, 501.8. this notice in the Federal Register. these analyses support the conclusion Comments and questions should be Jeffrey M. Giuseppe, that the condition caused by the directed to the Office of Information and noncompliance does not affect the Director, Office of Vehicle Safety Compliance. Regulatory Affairs (OIRA), Attn: OST safety of affected vehicle occupants or [FR Doc. 2016–04862 Filed 3–3–16; 8:45 am] OMB Desk Officer, 725 17th Street NW., other road users such as drivers BILLING CODE 4910–59–P Washington, DC 20503. Comments and approaching affected vehicles. questions about the ICR identified (4) Field Experience: BMW states that below may be transmitted electronically its Customer Relations division has not DEPARTMENT OF TRANSPORTATION to OIRA at oira_submissions@ received any contacts from vehicle [Docket No. DOT–OST–2016–0033] omb.eop.gov. owners regarding the matter at issue. As a consequence, BMW believes that, Agency Request for Emergency SUPPLEMENTARY INFORMATION: consistent with the results of the Approval of an Information Collection OMB Control Number: 2105–XXXX laboratory tests and human assessments Title: Supplemental Discretionary described above, the condition is AGENCY: Office of the Secretary of Grants for a Nationally Significant undetectable to road users such as Transportation (OST), DOT. Freight and Highway Projects (NSFHP) drivers approaching affected vehicles. ACTION: Notice and request for program, or NSFHP program. BMW further notes that it is not aware comments. Type of Review: Emergency of any accidents or injuries that have information collection request. occurred as a result of the condition. SUMMARY: In compliance with the Expected Number of Respondents: (5) Prior NHTSA Rulings: BMW states Paperwork Reduction Act of 1995 (44 Approximately 200. that NHTSA has previously granted U.S.C. 3501 et seq.), the Department of Frequency: The Department expects petitions from other manufacturers Transportation (DOT) provides notice that this information collection will involving various issues pertaining to that it will submit an information occur up to five times—once per fiscal FMVSS No. 108 noncompliance. BMW collection requests (ICR) to the Office of year—from FY 2016 through FY 2020. believes that in some of those petitions, Management and Budget (OMB) for Estimated Average Burden per the photometry (illumination) of the test emergency approval of a proposed Response: 100 hours. points remains well above the FMVSS information collection. Upon receiving Estimated Total Annual Burden: No. 108 requirements as the the requested six-month emergency 20,000. noncompliance has no affect upon the approval by OMB, the Office of the Abstract: On December 4, 2015, illumination of the test points. Secretary of Transportation (OST) will President Obama signed into law the (6) Vehicle Production: BMW stated follow the normal PRA procedures to Fixing America’s Surface Transportation that subsequent vehicle production has obtain extended approval for this Act, or ‘‘FAST Act.’’ It is the first law been corrected to conform to paragraph proposed information collection. The enacted in over ten years that provides 7.7.13.3 of FMVSS No. 108. collection of information is necessary in long-term funding certainty for surface In summation, BMW expressed the order to receive applications for grant transportation. The FAST Act belief that the subject noncompliance is funds pursuant to Section 1105 of the authorized at $4.5 billion for fiscal years inconsequential to motor vehicle safety, Fixing America’s Surface Transportation (FY) 2016 through 2020, including $800 and that its petition, to exempt BMW (FAST) Act of 2015, which was signed million for FY 2016 to be awarded by from providing notification of the into law on December 4, 2015. Section the Department of Transportation (the noncompliance, as required by 49 1105 establishes a new program for OST ‘‘Department’’) on a competitive basis to U.S.C. 30118, and remedying the to provide Supplemental Discretionary projects of national or regional noncompliance, as required by 49 Grants for a Nationally Significant significance. The funds provided by U.S.C. 30120, should be granted. Freight and Highway Projects (NSFHP) NSFHP program will be awarded on a NHTSA notes that the statutory program. The Department will also refer competitive basis to projects that have a provisions (49 U.S.C. 30118(d) and to NSFHP grants as Fostering significant impact on the Nation, a 30120(h)) that permit manufacturers to Advancements in Shipping and metropolitan area, or a region. On or file petitions for a determination of Transportation for the Long-term about the date hereof, the Department inconsequentiality allow NHTSA to Achievement of National Efficiencies published a solicitation for applications exempt manufacturers only from the (FASTLANE) grants. The FAST Act for NSFHP grants. The solicitation duties found in sections 30118 and provides specific deadlines for this announces the availability of funding

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for NSFHP grants, project selection of international money laundering and foreign correspondent accounts that is criteria, application requirements and the financing of terrorism. Regulations reasonably designed to guard against the deadline for submitting implementing the BSA appear at 31 CFR processing transactions involving BPA. applications. Chapter X. The authority of the Among other things, covered financial Authority: The Paperwork Reduction Act Secretary of the Treasury to administer institutions would have been required of 1995; 44 U.S.C. Chapter 35, as amended; the BSA and its implementing to notify those foreign correspondent and 49 CFR 1:48. regulations has been delegated to the account holders that the covered Issued in Washington, DC, on February 26, Director of FinCEN. financial institutions know or have 2016. Section 311 of the USA PATRIOT Act reason to know provide services to BPA (‘‘Section 311’’) grants the Director of John Augustine, that such correspondents may not FinCEN the authority, upon finding that provide BPA with access to the Director, Office of Infrastructure and reasonable grounds exist for concluding Innovative Finance. correspondent account maintained at that a foreign jurisdiction, foreign the covered financial institution. [FR Doc. 2016–04802 Filed 3–3–16; 8:45 am] financial institution, class of BILLING CODE 4910–9X–P transactions, or type of account is of III. Subsequent Developments ‘‘primary money laundering concern,’’ Significant developments regarding to require domestic financial BPA have occurred since FinCEN DEPARTMENT OF THE TREASURY institutions and financial agencies to announced its finding and related take certain ‘‘special measures’’ to NPRM regarding BPA, as described Financial Crimes Enforcement Network address the primary money laundering below. As a result, BPA is no longer Financial Crimes Enforcement concern. The special measures operating as a financial institution that Network; Withdrawal of Finding enumerated under Section 311 are poses a money laundering threat to the Regarding Banca Privada d’Andorra prophylactic safeguards that defend the U.S. financial system. U.S. financial system from money On March 11, 2015, the Institut AGENCY: Financial Crimes Enforcement laundering and terrorist financing. Nacional Andorra` de Finances Network (‘‘FinCEN’’), Treasury. FinCEN may impose one or more of (‘‘INAF’’), the Andorran regulator and ACTION: Withdrawal of finding. these special measures in order to supervisor of financial institutions, protect the U.S. financial system from appointed two INAF representatives to SUMMARY: This document withdraws these threats. To that end, special oversee BPA’s operations. On March 12, FinCEN’s finding that Banca Privada measures one through four, codified at 2015, the INAF suspended the authority d’Andorra (‘‘BPA’’) is a financial 31 U.S.C. 5318A(b)(1)–(b)(4), impose of BPA’s board of directors, the chief institution of primary money laundering additional recordkeeping, information executive officer and two other senior concern, pursuant to Section 311 of the collection, and information reporting managers and appointed special USA PATRIOT Act (‘‘Section 311’’), requirements on covered U.S. financial administrators to assume full control of codified at 31 U.S.C. 5318A. Because of institutions. The fifth special measure, BPA. On March 13, 2015, Andorran law material subsequent developments that codified at 31 U.S.C. 5318A(b)(5), enforcement arrested BPA’s chief have mitigated the money laundering allows the Director to prohibit or executive officer in Andorra on risks associated with BPA, FinCEN has impose conditions on the opening or suspicion of money laundering. determined that BPA is no longer a maintaining of correspondent or The next month, in April 2015, the primary money laundering concern that payable-through accounts by covered Andorran parliament enacted a law warrants the implementation of a U.S. financial institutions. regarding the restructuring and special measure under Section 311. resolution of banks, which created a Elsewhere in this issue of the Federal II. The Finding and Notice of Proposed new government agency, Age`ncia Register, FinCEN is publishing a Rulemaking Estatal de Resolucio´ d’Entitats Banca`ries withdrawal of the related notice of On March 13, 2015, FinCEN provided (‘‘AREB’’), for that purpose. On April proposed rulemaking that would have notice in the Federal Register that it had 27, 2015, AREB took over control of imposed a special measure against BPA. found Banca Privada d’Andorra BPA.3 In June 2015, AREB approved a DATES: The finding is withdrawn as of (‘‘BPA’’), a bank headquartered in resolution plan for BPA, under which March 4, 2016. Andorra, to be of primary money the bank’s ‘‘good’’ and ‘‘bad’’ assets, 1 FOR FURTHER INFORMATION CONTACT: The laundering concern. Based on the liabilities, and clients would be FinCEN Resource Center at (800) 767– finding, FinCEN also published on separated. Under the resolution plan, 2825. March 13, 2015 a notice of proposed the ‘‘good’’ assets, liabilities, and clients rulemaking (‘‘NPRM’’) proposing the are to be transferred to a bridge bank, SUPPLEMENTARY INFORMATION: imposition of the fifth special measure and the bridge bank sold.4 In July 2015, I. Background with respect to BPA, and invited public AREB announced the creation of the comment.2 Specifically, FinCEN bridge bank, named Vall Banc, to On October 26, 2001, the President proposed to prohibit covered financial receive the transfer of BPA’s legitimate signed into law the Uniting and institutions from establishing, assets, liabilities, and clients. Vall Banc Strengthening America by Providing maintaining, administering, or is wholly-owned by AREB, is registered Appropriate Tools Required to Intercept managing in the United States any with the INAF, and is supervised by and Obstruct Terrorism Act of 2001, correspondent account for, or on behalf Public Law 107–56 (‘‘the USA PATRIOT of, BPA. FinCEN also proposed to 3 Press Release, AREB, AREB Assumes the Act’’). Title III of the USA PATRIOT Act require a covered financial institution to Tutelage of BPA, April 27, 2015, (http://areb.ad/ amends the anti-money laundering _ _ apply special due diligence to all of its images/areb/comunicats/27042015 AREB provisions of the Bank Secrecy Act ENG.pdf.) (‘‘BSA’’), codified at 12 U.S.C. 1829b, 12 4 Press Release, AREB, AREB Will Create a ‘Good 1 80 FR 13464 (Mar. 13, 2015). Bank’ with Legitimate Assets and Liabilities U.S.C. 1951–1959, and 31 U.S.C. 5311– 2 80 FR 13304 (Mar. 13, 2015) (RIN 1506–AB30). Segregated from BPA, June 15, 2015, (http:// 5314, 5316–5332, to promote the FinCEN publicly announced the finding and NPRM areb.ad/images/areb/comunicats/15062015_AREB_ prevention, detection, and prosecution on March 10, 2015. ENG.pdf.)

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Andorran banking supervisory Program. In order to assist the Secretary the data collected by the Secretary; (3) authorities. Vall Banc will not employ with the required report, Treasury an evaluation of whether any aspects of the high-level BPA managers described requests that insurers submit certain the Program have the effect of in FinCEN’s Notice of Finding. In insurance data and information discouraging or impeding insurers from addition, any other person who has regarding their participation in the providing commercial property casualty been or may be identified as related to Program. insurance coverage or coverage for acts the issues described in the Notice of DATES: Data must be submitted not later of terrorism; (4) an evaluation of the Finding will not be employed at Vall than April 30, 2016. impact of the Program on workers’ compensation insurers; and (5) in the Banc. ADDRESSES: Participating insurers may After the good assets, liabilities, and case of the data collected by the submit the requested data and Secretary regarding premiums earned on clients are transferred from BPA to Vall information after registration at a Web insurance coverage for terrorism losses, Banc, BPA will remain under the portal that has been established for this an estimate of the total amount earned control of AREB. FinCEN understands data collection. A link to the Web site by insurers since January 1, 2003. The that BPA will not be reactivated as an where participating insurers can initial report under this requirement is operational financial institution at any commence the registration process can to be submitted not later than June 30, point except to facilitate the finalization be found at https://www.treasury.gov/ 2016. of the resolution process. AREB, in resource-center/fin-mkts/Pages/ coordination with other authorities in program.aspx. II. Solicitation for Data Andorra, ultimately intends to liquidate BPA following the resolution of judicial FOR FURTHER INFORMATION CONTACT: Treasury must start collecting data for proceedings in Andorra and other Richard Ifft, Senior Insurance the initial report required under section jurisdictions. Regulatory Policy Analyst, Federal 111 before Treasury is able to review Insurance Office, Room 1410, comments on proposed regulations IV. Withdrawal of the Finding Department of the Treasury, 1500 concerning data collection, including Because of these subsequent Pennsylvania Avenue NW., Washington, whether it has properly estimated the developments, BPA no longer operates DC 20220, at (202) 622–2922 (this is not level of burden that this collection in a manner that poses a money a toll-free number), or Kevin Meehan, imposes. Based on interaction with laundering threat to the U.S. financial Policy Advisor, Federal Insurance stakeholders, Treasury anticipates that system. FinCEN has determined that the Office, 202–622–7009 (not a toll free most participating insurers will be able steps taken by the authorities in number). Persons who have difficulty to respond to this solicitation with all of Andorra sufficiently protect the U.S. hearing or speaking may access these the requested data in that the data financial system from the money numbers via TTY by calling the toll-free requested, and the form in which the laundering risks previously associated Federal Relay Service at (800) 877–8339. data is requested, conforms to industry’s with BPA. FinCEN therefore has SUPPLEMENTARY INFORMATION: current practice. In order to avoid inadvertently imposing an determined that BPA no longer is a I. Background primary money laundering concern and unanticipated level of burden on will not impose any special measures Section 111 directs the Secretary, participating insurers without due under Section 311 with respect to BPA. beginning in calendar year 2016, to consideration, Treasury is requesting, For these reasons, FinCEN hereby ‘‘require insurers participating in the and not requiring, that participating withdraws its finding that BPA is of Program to submit to the Secretary such insurers submit the data enumerated in primary money laundering concern information regarding insurance the section 111 data collection published on March 13, 2015, and coverage for terrorism losses of such authorized under this emergency announced on March 10, 2015. insurers as the Secretary considers approval. Making this collection appropriate to analyze the effectiveness voluntary also identifies to all Jamal El-Hindi, of the Program[.]’’ This information and participating insurers the types of Deputy Director, Financial Crimes data includes information regarding: (1) information that Treasury will likely Enforcement Network. Lines of insurance with exposure to seek in future collections under section [FR Doc. 2016–04767 Filed 3–3–16; 8:45 am] such losses; (2) premiums earned on 111 and provides time to the extent BILLING CODE 4810–02–P such coverage; (3) geographical location necessary for insurers to make any of exposures; (4) pricing of such adjustments to ease the burden of coverage; (5) the take-up rate for such compliance with such collections. DEPARTMENT OF THE TREASURY coverage; (6) the amount of private Treasury, through an insurance reinsurance for acts of terrorism statistical aggregator, has established the Study on the Overall Effectiveness of purchased; and (7) such other matters as web portal identified above, through the Terrorism Risk Insurance Program the Secretary considers appropriate. which insurers will be able to submit AGENCY: Departmental Offices, U.S. Treasury plans to issue a Notice of the requested data. All information Department of the Treasury. Proposed Rulemaking proposing rules submitted via the web portal is subject ACTION: Request for data and that expand upon this requirement for to the confidentiality and data information. the submission of data by participating protection provisions of section 111 as insurers in the near future. well as to section 552 of title 5, United SUMMARY: Section 111 of the Terrorism Section 111 also requires the States Code, including any exceptions Risk Insurance Program Reauthorization Secretary to ‘‘submit a report to the thereunder. In accordance with the Act of 2015 (Reauthorization Act) Committee on Financial Services of the Paperwork Reduction Act, (44 U.S.C requires the Secretary of the Treasury House of Representatives and the 3501 et seq.), the information collected (Secretary) to submit a report to the Committee on Banking, Housing, and through the web portal has been Congress addressing the overall Urban Affairs of the Senate’’ that approved by the Office of Management effectiveness of the Terrorism Risk includes: (1) An analysis of the overall and Budget (OMB) under control Insurance Program (Program) and trends effectiveness of the Program; (2) an number 1505–0253. Treasury does not the Secretary has observed within the evaluation of any changes or trends in anticipate further requests for

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information using this form during the responses that are provided. An agency collection of information unless it approval period arising from emergency may not conduct or sponsor and a displays a valid OMB control number. clearance, except as may be necessary to person is not required to respond to a Michael T. McRaith, seek clarification respecting any Director, Federal Insurance Office. [FR Doc. 2016–04821 Filed 3–3–16; 8:45 am] BILLING CODE 4810–25–P

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Part II

The President

Proclamation 9403—Read Across America Day, 2016 Notice of March 2, 2016—Continuation of the National Emergency With Respect to Ukraine Notice of March 2, 2016—Continuation of the National Emergency With Respect to Zimbabwe

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Federal Register Presidential Documents Vol. 81, No. 43

Friday, March 4, 2016

Title 3— Proclamation 9403 of March 1, 2016

The President Read Across America Day, 2016

By the President of the United States of America

A Proclamation From a child’s first foray into the depths of a story to an adult’s escape into a world of words, reading plays an integral role in our lives. Works of fiction and non-fiction alike pique interest and inspiration and shape our understanding of each other and ourselves, teaching us lessons in kind- ness and humility, responsibility and respect. The moment we persuade a child to pick up a book for the first time we change their lives forever for the better, and on Read Across America Day, we recommit to getting literary works into our young peoples’ hands early and often. March 2 is also the birthday of one of America’s revered wordsmiths. Theodor Seuss Geisel—or Dr. Seuss—used his incredible talent to instill in his most impressionable readers universal values we all hold dear. Through a prolific collection of stories, he made children see that reading is fun, and in the process, he emphasized respect for all; pushed us to accept ourselves for who we are; challenged preconceived notions and encouraged trying new things; and by example, taught us that we are limited by nothing but the range of our aspirations and the vibrancy of our imaginations. And for older lovers of literature, he reminded us not to take ourselves too seriously, creating wacky and wild characters and envisioning creative and colorful places. Books reveal unexplored universes and stimulate curiosity, and in under- served communities, they play a particularly important role in prompting inquisition and encouraging ambition. Last month, the First Lady announced the launch of Open eBooks, a new project that will unlock a world of learning and possibility for millions of American children and provide over $250 million worth of reading material to students who need it most. As we work to get every child engrossed in literature, we honor the many people who devote their lives and careers to carrying forward this important cause—including our librarians, educators, and parents. We can all get lost in a good read, and we owe it to rising learners to give them the chance to experience that same enjoyment and fulfillment. Today, and every day, let us celebrate the power of reading by promoting literacy and supporting new opportunities for students to plunge into the pages of a book. As Dr. Seuss noted, ‘‘The more that you read, the more things you will know. The more that you learn, the more places you’ll go.’’ Together, we can help all children go plenty of places along their unending journey for knowledge and ensure everyone can find joy and satisfaction in the wonders of the written word. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 2, 2016, as Read Across America Day. I call upon children, families, educators, librarians, public officials, and all the people of the United States to observe this day with appropriate programs, ceremonies, and activities.

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IN WITNESS WHEREOF, I have hereunto set my hand this first day of March, in the year of our Lord two thousand sixteen, and of the Independence of the United States of America the two hundred and fortieth.

[FR Doc. 2016–05068 Filed 3–3–16; 11:15 am] Billing code 3295–F6–P

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Notice of March 2, 2016

Continuation of the National Emergency With Respect to Ukraine

On March 6, 2014, by Executive Order 13660, I declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions and policies of persons that undermine democratic processes and institutions in Ukraine; threaten its peace, security, stability, sovereignty, and territorial integrity; and contribute to the misappropriation of its assets. On March 16, 2014, I issued Executive Order 13661, which expanded the scope of the national emergency declared in Executive Order 13660, and found that the actions and policies of the Government of the Russian Federa- tion with respect to Ukraine undermine democratic processes and institutions in Ukraine; threaten its peace, security, stability, sovereignty, and territorial integrity; and contribute to the misappropriation of its assets. On March 20, 2014, I issued Executive Order 13662, which further expanded the scope of the national emergency declared in Executive Order 13660, as expanded in scope in Executive Order 13661, and found that the actions and policies of the Government of the Russian Federation, including its purported annexation of Crimea and its use of force in Ukraine, continue to undermine democratic processes and institutions in Ukraine; threaten its peace, security, stability, sovereignty, and territorial integrity; and con- tribute to the misappropriation of its assets. On December 19, 2014, I issued Executive Order 13685, to take additional steps to address the Russian occupation of the Crimea region of Ukraine. The actions and policies addressed in these Executive Orders continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. For this reason, the national emergency declared on March 6, 2014, and the measures adopted on that date, on March 16, 2014, on March 20, 2014, and December 19, 2014, to deal with that emer- gency, must continue in effect beyond March 6, 2016. Therefore, in accord- ance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13660.

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This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, March 2, 2016. [FR Doc. 2016–05071 Filed 3–3–16; 11:15 am] Billing code 3295–F6–P

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Notice of March 2, 2016

Continuation of the National Emergency With Respect to Zimbabwe

On March 6, 2003, by Executive Order 13288, the President declared a national emergency and blocked the property of certain persons, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706), to deal with the unusual and extraordinary threat to the foreign policy of the United States constituted by the actions and policies of certain mem- bers of the Government of Zimbabwe and other persons to undermine Zimbabwe’s democratic processes or institutions. These actions and policies had contributed to the deliberate breakdown in the rule of law in Zimbabwe, to politically motivated violence and intimidation in that country, and to political and economic instability in the southern African region. On November 22, 2005, the President issued Executive Order 13391 to take additional steps with respect to the national emergency declared in Executive Order 13288, including the blocking of the property of additional persons engaged in undermining democratic processes or institutions in Zimbabwe. On July 25, 2008, the President issued Executive Order 13469, which ex- panded the scope of the national emergency declared in Executive Order 13288 and authorized the blocking of the property of additional persons who were engaged in undermining democratic processes or institutions in Zimbabwe, facilitating public corruption by senior officials, or were respon- sible for committing human rights abuses related to political repression. The actions and policies of these persons continue to pose an unusual and extraordinary threat to the foreign policy of the United States. For this reason, the national emergency declared on March 6, 2003, and the measures adopted on that date, on November 22, 2005, and on July 25, 2008, to deal with that emergency, must continue in effect beyond March 6, 2016. Therefore, in accordance with section 202(d) of the National Emer- gencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency originally declared in Executive Order 13288.

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This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, March 2, 2016. [FR Doc. 2016–05072 Filed 3–3–16; 11:15 am] Billing code 3295–F6–P

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Reader Aids Federal Register Vol. 81, No. 43 Friday, March 4, 2016

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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. 4287...... 11000 Presidential Documents 3 CFR 4288...... 11000 Executive orders and proclamations 741–6000 Proclamations: 4290...... 11000 9399...... 11091 The United States Government Manual 741–6000 Proposed Rules: 9400...... 11093 Other Services 800...... 10530 9401...... 11095 1214...... 10530 Electronic and on-line services (voice) 741–6020 9402...... 11097 Privacy Act Compilation 741–6064 9403...... 11653 10 CFR Public Laws Update Service (numbers, dates, etc.) 741–6043 Executive Orders: Proposed Rules: 13720...... 11089 50...... 10780 ELECTRONIC RESEARCH Administrative Orders: 430...... 11454 Notices: World Wide Web Notice of March 2, 12 CFR 2016 ...... 11655 1026...... 11099 Full text of the daily Federal Register, CFR and other publications Notice of March 2, is located at: www.fdsys.gov. 2016 ...... 11657 Proposed Rules: 380...... 10798 Federal Register information and research tools, including Public 7 CFR Inspection List, indexes, and Code of Federal Regulations are 14 CFR located at: www.ofr.gov. 25...... 11000 65...... 10755 25...... 10761 E-mail 246...... 10433 39 ...... 10457, 10460, 10465, 905...... 10451 10468, 11407, 11409 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 1703...... 11000 71 ...... 11102, 11103, 11413, an open e-mail service that provides subscribers with a digital 1709...... 11000 11414 form of the Federal Register Table of Contents. The digital form 1710...... 11000 252...... 11415 of the Federal Register Table of Contents includes HTML and 1717...... 11000 Proposed Rules: PDF links to the full text of each document. 1720...... 11000 39 ...... 10533, 10535, 10537, To join or leave, go to http://listserv.access.gpo.gov and select 1721...... 11000 10540, 10544, 10545, 10549, Online mailing list archives, FEDREGTOC-L, Join or leave the list 1724...... 11000 11132, 11134, 11465, 11467, (or change settings); then follow the instructions. 1726...... 11000 11469, 11471, 11473, 11475 PENS (Public Law Electronic Notification Service) is an e-mail 1737...... 11000 71 ...... 10551, 11136, 11139 service that notifies subscribers of recently enacted laws. 1738...... 11000 1739...... 11000 15 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 1740...... 11000 701...... 10472 and select Join or leave the list (or change settings); then follow 1753...... 11000 the instructions. 1774...... 11000 17 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot 1775...... 11000 Proposed Rules: respond to specific inquiries. 1779...... 10456, 11000 302...... 10798 Reference questions. Send questions and comments about the 1780...... 10456, 11000 Federal Register system to: [email protected] 1781...... 11000 18 CFR 1782...... 11000 11...... 10475 The Federal Register staff cannot interpret specific documents or 1784...... 11000 regulations. 1794...... 11000 21 CFR CFR Checklist. Effective January 1, 2009, the CFR Checklist no 1924...... 11000 801...... 11428 longer appears in the Federal Register. This information can be 1940...... 11000 830...... 11428 found online at http://bookstore.gpo.gov/. 1942...... 10456, 11000 1308...... 11429 1944...... 11000 Proposed Rules: FEDERAL REGISTER PAGES AND DATE, MARCH 1948...... 11000 1951...... 11000 820...... 11477 864...... 10553 10433–10754...... 1 1955...... 11000 1962...... 11000 878...... 11140, 11151 10755–11090...... 2 1308...... 11479 11091–11406...... 3 1970...... 11000 11407–11658...... 4 1980...... 11000 25 CFR 3550...... 11000 3555...... 11000 20...... 10475 3560...... 11000 151...... 10477 3565...... 11000 3570...... 10456, 11000 26 CFR 3575...... 10456, 11000 1...... 11104, 11431 4274...... 11000 301...... 10479 4279...... 10456, 11000 Proposed Rules: 4280...... 10456, 11000 1...... 11160, 11486 4284...... 11000 301...... 11486

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