Vol. 81 Thursday, No. 77 April 21, 2016
Pages 23421–23562
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 81, No. 77
Thursday, April 21, 2016
Broadcasting Board of Governors Energy Department NOTICES See Federal Energy Regulatory Commission FY–2014 Service Contract Analysis and FY–2015 Service Contract Inventory, 23456 Environmental Protection Agency RULES Centers for Disease Control and Prevention Air Quality State Implementation Plans; Approvals and NOTICES Promulgations: Agency Information Collection Activities; Proposals, Louisiana; Revisions to the State Implementation Plan; Submissions, and Approvals, 23495–23499 Fee Regulations, 23425–23428 Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals: Air Quality State Implementation Plans; Approvals and Synthetic Turf Fields with Crumb Rubber Infill, 23495 Promulgations: Meetings: Louisiana; Revisions to the State Implementation Plan; Disease, Disability, and Injury Prevention and Control Fee Regulations, 23447–23448 Special Emphasis Panel, 23494–23495, 23497–23498 NOTICES Subcommittee on Procedures Review, Advisory Board on Meetings: Radiation and Worker Health, National Institute for Good Neighbor Environmental Board, 23490–23491 Occupational Safety and Health, 23497–23498 Operation of a Pressure-Assisted Multi-Point Ground Flare Statements of Organization, Functions, and Delegations of at Occidental Chemical Corporation; Final Approval, Authority, 23497 23480–23488 Privacy Act; Systems of Records, 23488–23490 Centers for Medicare & Medicaid Services Registration Review Proposed Interim Decisions: RULES 2-(Decylthio) Ethanamine Hydrochloride, Aliphatic Medicare Program: Alcohols C1-C5, Bentazon, Propoxur, Temporary Exception for Certain Severe Wound Propoxycarbazone-sodium, Sodium Acifluorfen, Discharges from Certain Long Term Care Hospitals Thidiazuron, 23491–23493 Required by the Consolidated Appropriations Act; Federal Aviation Administration Modification of Limitations on Redesignation by the Medicare Geographic Classification Review Board, RULES 23428–23438 Special Conditions: Gulfstream Aerospace Corp. Model GVII–G500 Airplanes, Coast Guard Design Roll Maneuver Requirement, 23421–23422 NOTICES RULES Registration of Small Unmanned Aircraft Systems Operated Special Local Regulations: under Exemptions Issued by the FAA, 23544–23545 Newport to Bermuda Regatta, Narragansett Bay, Newport, Requests to Release Airport Properties: RI, 23425 Strother Field (WLD), Winfield, KS, 23545 Wy–Hi Rowing Regatta, Detroit River, Trenton Channel, Wyandotte, MI, 23422–23425 Federal Election Commission NOTICES Commerce Department Meetings; Sunshine Act, 23493 See Foreign-Trade Zones Board See International Trade Administration Federal Emergency Management Agency See National Institute of Standards and Technology NOTICES See National Oceanic and Atmospheric Administration Public Assistance Program Minimum Standards, 23503
Corporation for National and Community Service Federal Energy Regulatory Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Applications: Submissions, and Approvals, 23462–23463 National Fuel Gas Supply Corp., 23476–23477 National Grid LNG, LLC, 23477–23478 Drug Enforcement Administration Combined Filings, 23475–23476, 23478–23480 NOTICES Meetings: Decisions and Orders: Algonquin Gas Transmission, LLC; Technical Conference, Ibem R. Borges, M.D., 23521–23523 23474–23475 Terminations of Licenses: Education Department John A. Dodson, 23477 NOTICES Applications for New Awards: Federal Highway Administration Charter Schools Program Grants for State Educational NOTICES Agencies, 23463–23474 Agency Information Collection Activities; Proposals, Innovative Approaches to Literacy Program, 23474 Submissions, and Approvals, 23545–23546
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Federal Railroad Administration Internal Revenue Service NOTICES NOTICES Applications for Approval of Discontinuance or Agency Information Collection Activities; Proposals, Modification of a Railroad Signal System, 23546–23548 Submissions, and Approvals, 23551–23554 Petitions for Waivers of Compliance, 23547 International Trade Administration Fish and Wildlife Service NOTICES Antidumping or Countervailing Duty Investigations, Orders, PROPOSED RULES or Reviews: Endangered and Threatened Wildlife and Plants: Freshwater Crawfish Tail Meat from the People’s Revisions to the Regulations for Petitions, 23448–23455 NOTICES Republic of China, 23457 Endangered Species Recovery Permit Applications, 23507– Stainless Steel Sheet and Strip From the People’s 23510 Republic of China, 23457 Incidental Take Permit Applications: Investigations; Determinations, Modifications, and Rulings, Amended Oil and Gas Industry Conservation Plan for the etc.: American Burying Beetle; Oklahoma, 23510–23511 Laminated Woven Sacks from the People’s Republic of China, 23457–23459
Food and Drug Administration International Trade Commission NOTICES NOTICES Meetings: Advice Concerning Whether Certain Textile and Apparel Phibro Animal Health Corp.; Carbadox in Medicated Articles are Import Sensitive: Swine Feed; Hearing; Correction, 23499 Nepal, 23518–23520 Complaints: Foreign-Trade Zones Board Certain Quartz Slabs and Portions Thereof, 23516–23517 NOTICES Certain Sleep-Disordered Breathing Treatment Systems Applications for Reorganizations and Expansions under and Components Thereof, 23520–23521 Alternative Site Framework: Complaints; Solicitation of Comments Relating to the Foreign-Trade Zone 214; Lenoir County, NC, 23456– Public Interest, 23517–23518 23457 Justice Department See Drug Enforcement Administration General Services Administration NOTICES National Drug Control Policy Office Fee Amounts to be Set by the General Services NOTICES Administration’s Request for the Registration and Designation of two Counties as High Intensity Drug Annual Renewal of .Gov Second-Level Domains, Trafficking Areas, 23523 23493–23494 National Highway Traffic Safety Administration Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Agency Information Collection Activities; Proposals, See Centers for Medicare & Medicaid Services Submissions, and Approvals: See Food and Drug Administration Reports, Forms, and Record Keeping Requirements, See National Institutes of Health 23550–23551 See Substance Abuse and Mental Health Services Model Minimum Uniform Crash Criteria, 23549–23550 Administration Motor Vehicle Defect Petitions; Denials, 23548–23549 NOTICES Determinations Concerning Petitions to Add Classes of National Institute of Standards and Technology Employees to the Special Exposure Cohort, 23500 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Homeland Security Department Baldrige Performance Excellence Program Team Leader See Coast Guard Consensus and Site Visit Surveys, 23459–23460 See Federal Emergency Management Agency PROPOSED RULES National Institutes of Health Updates to Protected Critical Infrastructure Information NOTICES Program, 23442–23445 Meetings: NOTICES Center for Scientific Review, 23500 Meetings: National Institute of Environmental Health Sciences, Information Sharing and Analysis Organizations, 23506– 23500 23507 Privacy Act; Systems of Records, 23503–23506 National Oceanic and Atmospheric Administration RULES Interior Department Atlantic Highly Migratory Species: See Fish and Wildlife Service Atlantic Bluefin Tuna Fisheries, 23438–23441 See National Park Service PROPOSED RULES See Office of Natural Resources Revenue Endangered and Threatened Wildlife and Plants: See Reclamation Bureau Revisions to the Regulations for Petitions, 23448–23455
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Greater Farallones and Cordell Bank National Marine Self-Regulatory Organizations; Proposed Rule Changes: Sanctuaries: Bats BZX Exchange, Inc., 23533–23536 Scoping Meetings and Draft Environmental Assessment, Bats EDGX Exchange, Inc., 23529–23531 23445–23447 Financial Industry Regulatory Authority, Inc., 23536 NOTICES ICE Clear Credit, LLC, 23531–23533 Agency Information Collection Activities; Proposals, ICE Clear Europe, Ltd., 23531 Submissions, and Approvals: Options Clearing Corp., 23536–23542 Alaska American Fisheries Act Permits, 23461–23462 Service Contract Inventories, 23528–23529 Tilefish Individual Fishing Quota Program, 23461 Meetings: Small Business Administration General Advisory Committee to the U.S. Section to the NOTICES Inter American Tropical Tuna Commission and Agency Information Collection Activities; Proposals, Scientific Advisory Subcommittee to the General Submissions, and Approvals, 23542 Advisory Committee, 23460–23461 Major Disaster Declarations: Louisiana Disaster Number LA–00062; Amendment 6, National Park Service 23542–23543 NOTICES Louisiana; Amendment 5, 23543 Inventory Completions: Virginia Disaster Number VA–00063; Amendment 1, Kansas State Historical Society, Topeka, KS, 23513 23542 National Register of Historic Places: Meetings: Pending Nominations and Related Actions, 23512 Council on Underserved Communities Advisory Board, Repatriations of Cultural Items: 23543 Kansas State Historical Society, Topeka, KS, 23513– 23514 Social Security Administration NOTICES National Science Foundation Rulings: NOTICES Using Genetic Test Results to Evaluate Disability; Permit Applications Received under the Antarctic Correction, 23543 Conservation Act, 23523–23524 State Department Nuclear Regulatory Commission NOTICES NOTICES Extension of Waiver of the FREEDOM Support Act with Meetings: Respect to Assistance to the Government of Azerbaijan, Advisory Committee on Reactor Safeguards; 23543–23544 Subcommittee on Reliability and PRA, 23524 Public Comments on FY 2017 U.S. Refugee Admissions Program, 23544 Office of Natural Resources Revenue NOTICES Substance Abuse and Mental Health Services Proposed Audit Delegation Renewals: Administration Alaska, California, Colorado, North Dakota, Texas, Utah, and Wyoming, 23514–23515 NOTICES Agency Information Collection Activities; Proposals, Postal Regulatory Commission Submissions, and Approvals, 23501–23503 NOTICES Meetings: New Postal Products, 23524–23528 Center for Substance Abuse Prevention, 23501 Postal Service Transportation Department NOTICES See Federal Aviation Administration Product Changes: See Federal Highway Administration Priority Mail Negotiated Service Agreement, 23528 See Federal Railroad Administration See National Highway Traffic Safety Administration Presidential Documents NOTICES PROCLAMATIONS Applications: Special Observances: Delux Public Charter, LLC; Commuter Air Carrier Education and Sharing Day, U.S.A. (Proc. 9425), 23555– Authority, 23551 23558 EXECUTIVE ORDERS Treasury Department Libya; Blocking Property and Suspending Entry Into the See Internal Revenue Service U.S. of Certain Persons (EO 13726), 23559–23562 Veterans Affairs Department Reclamation Bureau NOTICES NOTICES Meetings: Meetings: Research Advisory Council, 23554 Glen Canyon Dam Adaptive Management Work Group, 23515–23516 Separate Parts In This Issue Securities and Exchange Commission NOTICES Part II Meetings; Sunshine Act, 23529 Presidential Documents, 23555–23562
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To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Reader Aids listserv.access.gpo.gov and select Online mailing list Consult the Reader Aids section at the end of this issue for archives, FEDREGTOC-L, Join or leave the list (or change phone numbers, online resources, finding aids, and notice settings); then follow the instructions. of recently enacted public laws.
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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: 9425...... 23557 Executive Orders: 13726...... 23559 6 CFR Proposed Rules: 29...... 23442 14 CFR 25...... 23421 15 CFR Proposed Rules: 922...... 23445 33 CFR 100 (2 documents) ...... 23422, 23425 40 CFR 52...... 23425 Proposed Rules: 52...... 23447 42 CFR 412...... 23428 50 CFR 635...... 23438 Proposed Rules: 424...... 23448
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Rules and Regulations Federal Register Vol. 81, No. 77
Thursday, April 21, 2016
This section of the FEDERAL REGISTER Avenue SE., Room W12–140, West these special conditions effective upon contains regulatory documents having general Building Ground Floor, Washington, publication in the Federal Register. applicability and legal effect, most of which DC, 20590–0001. Comments Invited are keyed to and codified in the Code of • Hand Delivery or Courier: Take Federal Regulations, which is published under We invite interested people to take 50 titles pursuant to 44 U.S.C. 1510. comments to Docket Operations in Room W12–140 of the West Building part in this rulemaking by sending The Code of Federal Regulations is sold by Ground Floor at 1200 New Jersey written comments, data, or views. The the Superintendent of Documents. Prices of Avenue SE., Washington, DC, between 9 most helpful comments reference a new books are listed in the first FEDERAL a.m. and 5 p.m., Monday through specific portion of the special REGISTER issue of each week. Friday, except Federal holidays. conditions, explain the reason for any • Fax: Fax comments to Docket recommended change, and include supporting data. Operations at 202–493–2251. DEPARTMENT OF TRANSPORTATION We will consider all comments we Privacy: The FAA will post all receive by the closing date for Federal Aviation Administration comments it receives, without change, comments. We may change these special to http://www.regulations.gov/, conditions based on the comments we 14 CFR Part 25 including any personal information the receive. commenter provides. Using the search [Docket No. FAA–2015–1484; Special function of the docket Web site, anyone Background Conditions No. 25–617–SC] can find and read the electronic form of On March 29, 2012, Gulfstream Special Conditions: Gulfstream all comments received into any FAA Aerospace Corporation applied for a Aerospace Corporation Model GVII– docket, including the name of the type certificate for their new Model G500 Airplanes, Design Roll Maneuver individual sending the comment (or GVII–G500 series airplane. The Model Requirement signing the comment for an association, GVII–G500 series airplane will be a business, labor union, etc.). DOT’s business jet capable of accommodating AGENCY: Federal Aviation complete Privacy Act Statement can be up to 19 passengers. It will incorporate Administration (FAA), DOT. found in the Federal Register published a low, swept-wing design with winglets ACTION: Final special conditions; request on April 11, 2000 (65 FR 19477–19478), and a T-tail. The powerplant will for comments. as well as at http://DocketsInfo.dot consist of two aft-fuselage-mounted .gov/. Pratt & Whitney turbofan engines. SUMMARY: These special conditions are Docket: Background documents or issued for the Gulfstream Aerospace comments received may be read at Type Certification Basis Corporation (Gulfstream) Model GVII– http://www.regulations.gov/ at any time. Under Title 14, Code of Federal G500 airplane. This airplane will have Follow the online instructions for Regulations (14 CFR) 21.17, Gulfstream a novel or unusual design feature when accessing the docket or go to Docket must show that the Model GVII–G500 compared to the state of technology Operations in Room W12–140 of the series airplane meets the applicable envisioned in the airworthiness West Building Ground Floor at 1200 provisions of 14 CFR part 25, as standards for transport category New Jersey Avenue SE., Washington, amended by Amendments 25–1 through airplanes. This design feature is DC, between 9 a.m. and 5 p.m., Monday 25–129. electronic flight controls that affect through Friday, except Federal holidays. If the Administrator finds that the maneuvering. The applicable applicable airworthiness regulations FOR FURTHER INFORMATION CONTACT: Walt airworthiness regulations do not contain (i.e., 14 CFR part 25) do not contain Sippel, FAA, Airframe and Cabin Safety adequate or appropriate safety standards adequate or appropriate safety standards Branch, ANM–115, Transport Airplane for this design feature. These special for the Model GVII–G500 series airplane Directorate, Aircraft Certification conditions contain the additional safety because of a novel or unusual design Service, 1601 Lind Avenue SW., standards that the Administrator feature, special conditions are Renton, Washington 98057–3356; considers necessary to establish a level prescribed under the provisions of telephone 425–227–2774; facsimile of safety equivalent to that established § 21.16. by the existing airworthiness standards. 425–227–1320. Special conditions are initially DATES: This action is effective on SUPPLEMENTARY INFORMATION The FAA applicable to the model for which they Gulfstream Aerospace Corporation on has determined that notice of, and are issued. Should the type certificate April 21, 2016. We must receive your opportunity for prior public comment for that model be amended later to comments by June 6, 2016. on, these special conditions is include any other model that ADDRESSES: Send comments identified impracticable because these procedures incorporates the same or similar novel by docket number FAA–2015–1484 would significantly delay issuance of or unusual design feature, the special using any of the following methods: the design approval and thus delivery of conditions would also apply to the other • Federal eRegulations Portal: Go to the affected airplane. model under § 21.101. http://www.regulations.gov/ and follow In addition, the substance of these In addition to the applicable the online instructions for sending your special conditions has been subject to airworthiness regulations and special comments electronically. the public comment process in several conditions, Model GVII–G500 series • Mail: Send comments to Docket prior instances with no substantive airplanes must comply with the fuel- Operations, M–30, U.S. Department of comments received. The FAA therefore vent and exhaust-emission requirements Transportation (DOT), 1200 New Jersey finds that good cause exists for making of 14 CFR part 34, and the noise-
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certification requirements of 14 CFR Should Gulfstream apply at a later date velocity may be assumed in the absence part 36. The FAA must issue a finding for a change to the type certificate to of a rational time history investigation of regulatory adequacy under § 611 of include another model incorporating the of the maneuver. Public Law 92–574, the ‘‘Noise Control same novel or unusual design feature, 2. At VA, sudden movement of the Act of 1972.’’ these special conditions would apply to flightdeck roll control up to the limit is The FAA issues special conditions, as that model as well. assumed. The position of the flightdeck defined in 14 CFR 11.19, in accordance Conclusion roll control must be maintained until a with § 11.38, and they become part of steady roll rate is achieved and then the type-certification basis under This action affects only a certain must be returned suddenly to the § 21.17(a)(2). novel or unusual design feature on one neutral position. model series of airplanes. It is not a rule Novel or Unusual Design Features 3. At VC, the flightdeck roll control of general applicability. must be moved suddenly and The Model GVII–G500 series airplane The substance of these special maintained so as to achieve a roll rate will incorporate the following novel or conditions has been subjected to the not less than that obtained in special unusual design feature: An electronic notice and comment period in several condition 2. prior instances and has been derived flight-control system that provides 4. At VD, the flightdeck roll control control of the airplane through pilot without substantive change from those must be moved suddenly and inputs to the flight computer. previously issued. It is unlikely that maintained so as to achieve a roll rate Current 14 CFR part 25 airworthiness prior public comment would result in a not less than one-third of that obtained regulations account for control laws for significant change from the substance in special condition 2. which aileron deflection is proportional contained herein. Therefore, because a to control-stick deflection. The delay would significantly affect the Issued in Renton, Washington, on April 14, 2016. regulations do not address certification of the airplane, the FAA nonlinearities or other effects on aileron has determined that prior public notice Victor Wicklund, actuation that electronic flight controls and comment are unnecessary and Acting Manager, Transport Airplane may cause. Because this type of system impracticable, and good cause exists for Directorate, Aircraft Certification Service. may affect flight loads, and therefore the adopting these special conditions upon [FR Doc. 2016–09326 Filed 4–20–16; 8:45 am] structural capability of the airplane, publication in the Federal Register. BILLING CODE 4910–13–P specific regulations are needed to The FAA is requesting comments to address these effects. allow interested persons to submit views that may not have been submitted DEPARTMENT OF HOMELAND Discussion in response to the prior opportunities SECURITY The current design roll maneuver for comment described above. Coast Guard requirement for structural loads in 14 List of Subjects in 14 CFR Part 25 CFR part 25 is inadequate for addressing airplanes with electronic flight controls Aircraft, Aviation safety, Reporting 33 CFR Part 100 and recordkeeping requirements. that affect maneuvering. These special [Docket No. USCG–2016–0209] conditions adjust the current roll The authority citation for these maneuver requirement, § 25.349(a), to special conditions is as follows: RIN 1625–AA08 take into account the effects of an Authority: 49 U.S.C. 106(g), 40113, 44701, electronic flight control system. 44702, 44704. Special Local Regulation; Wy-Hi These special conditions differ from Rowing Regatta; Detroit River, Trenton current requirements in that they The Special Conditions Channel; Wyandotte, MI Accordingly, pursuant to the require roll maneuvers to result from AGENCY: Coast Guard, DHS. defined movements of the flightdeck authority delegated to me by the roll control, as opposed to defined Administrator, the following special ACTION: Temporary final rule. conditions are issued as part of the type aileron deflections. Also, the special SUMMARY: The Coast Guard is conditions require an additional load certification basis for Gulfstream Model establishing a temporary special local condition at VA, in which the flightdeck GVII–G500 airplanes. regulation controlling movement of The following conditions, speeds, and roll control is returned to neutral vessels for certain waters of the Detroit flightdeck roll control motions (except following the initial roll input. River, Trenton Channel. This action is as the motions may be limited by pilot These special conditions are limited necessary and is intended to ensure effort) must be considered in to the roll axis only. Special conditions safety of life on navigable waters to be combination with an airplane load are no longer needed for the yaw axis used for a rowing event immediately factor of zero and of two-thirds of the because § 25.351 was revised at prior to, during, and immediately after positive maneuvering factor used in Amendment 25–91 to account for the this event. This regulation requires design. In determining the resulting effects of an electronic flight-control vessels to maintain a minimum speed control surface deflections, the torsional system. for safe navigation and maneuvering. These special conditions contain the flexibility of the wing must be additional safety standards that the considered in accordance with DATES: This temporary final rule is Administrator considers necessary to § 25.301(b): effective from 7:30 a.m. until 4:30 p.m. establish a level of safety equivalent to 1. Conditions corresponding to steady on May 7, 2016. For the purposes of that established by the existing rolling velocities must be investigated. enforcement, actual notice will be used airworthiness standards. In addition, conditions corresponding to on May 7, 2016. maximum angular acceleration must be ADDRESSES: To view documents Applicability investigated for airplanes with engines mentioned in this preamble as being As discussed above, these special or other weight concentrations outboard available in the docket, go to http:// conditions are applicable to the of the fuselage. For the angular www.regulations.gov, type USCG–2016– Gulfstream Model GVII–G500 airplane. acceleration conditions, zero rolling 0209 in the ‘‘SEARCH’’ box and click
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‘‘SEARCH.’’ Click on Open Docket be impracticable because it would the enforcement of this rule by all Folder on the line associated with this inhibit the Coast Guard’s ability to appropriate means, including a rule. You may also visit the Docket protect participants, spectators, and Broadcast Notice to Mariners and Local Management Facility in Room W12–140 other waterway users during this youth Notice to Mariners. on the ground floor of the Department rowing regatta. V. Regulatory Analyses of Transportation West Building, 1200 Under 5 U.S.C. 553(d)(3), the Coast New Jersey Avenue SE., Washington, Guard finds that good cause exists for We developed this rule after DC 20590, between 9 a.m. and 5 p.m., making this temporary rule effective less considering numerous statutes and Monday through Friday, except Federal than 30 days after publication in the executive orders related to rulemaking. holidays. Federal Register. For the same reasons Below we summarize our analyses FOR FURTHER INFORMATION CONTACT: If discussed in the preceding paragraph, based on these statutes or executive you have questions on this temporary waiting for a 30 day notice period to run orders. would be impracticable. final rule, call or email Petty Officer A. Regulatory Planning and Review Todd Manow, Prevention Department, III. Legal Authority and Need for Rule Sector Detroit, Coast Guard; telephone This rule is not a significant 313–568–9564, email Todd.M.Manow@ The Coast Guard is issuing this rule regulatory action under section 3(f) of uscg.mil. If you have questions on under authority in 33 U.S.C. 1231, 33 E.O. 12866, Regulatory Planning and viewing the docket, call Cheryl Collins, CFR 1.05–1 and 160.5; and Department Review, as supplemented by E.O. 13563, Program Manager, Docket Operations, of Homeland Security Delegation No. Improving Regulation and Regulatory telephone 202–366–9826. 0170.1. Having reviewed the application Review, and does not require an for a marine event submitted by the assessment of potential costs and SUPPLEMENTARY INFORMATION: sponsor, the Captain of the Port Detroit benefits under section 6(a)(3) of I. Table of Abbreviations (COTP) has determined that the likely Executive Order 12866 or under section COTP Captain of the Port combination of recreation vessels, 1 of E.O. 13563. The Office of DHS Department of Homeland Security commercial vessels, and an unknown Management and Budget has not E.O. Executive Order number of spectators in close proximity reviewed it under those Orders. NAD 83 North American Datum of 1983 to a youth rowing regatta along the We conclude that this rule is not a NPRM Notice of Proposed Rulemaking water pose extra and unusual hazards to significant regulatory action because we II. Background History and Regulatory public safety and property. Therefore, anticipate that it will have minimal Information the COTP is establishing a Special Local impact on the economy, will not Regulation around the event location to interfere with other agencies, will not On May 7, 2016, the Wyandotte Boat help minimize risks to safety of life and adversely alter the budget of any grant Club is holding a rowing regatta in property during this event. or loan recipients, and will not raise any which at least 150 youth rowers will novel legal or policy issues. IV. Discussion of Rule participate in a race in the Trenton The Coast Guard’s use of this special Channel, a tributary of the Detroit River. This rule establishes a temporary local regulation will be of relatively Due to the projected amount of human- special local regulation from 7:30 a.m. small size and only nine hours in powered watercraft on the water, there until 4:30 p.m. on May 7, 2016. In light duration, and it is designed to minimize is a need to require vessels in the of the aforementioned hazards, the the impact on navigation. Moreover, affected waterways to maintain a COTP has determined that a special vessels may transit through the area minimum speed for safe navigation. The local regulation is necessary to protect affected by this special local regulation rowing regatta will occur between 7:30 spectators, vessels, and participants. at a minimum speed for safe navigation. a.m. and 4:30 p.m. on May 7, 2016. This The special local regulation will Overall, the Coast Guard expects event has taken place under the same encompass the following waterway: All minimal impact to vessel movement sponsorship in the same location waters of the Detroit River, Trenton from the enforcement of this special annually for the past 10 years. Channel between the following two local regulation. The Coast Guard is issuing this lines going from bank-to-bank: The first temporary final rule without prior line is drawn directly across the channel B. Impact on Small Entities notice and opportunity to comment from position 42°11.0′ N., 083°09.4′ W. As per the Regulatory Flexibility Act pursuant to authority under section 4(a) (NAD 83); the second line, to the north, of 1980 (RFA), 5 U.S.C. 601–612, as of the Administrative Procedure Act is drawn directly across the channel amended, we have considered the (APA) (5 U.S.C. 553(b)). This provision from position 42°11.7′ N., 083°8.9′ W. potential impact of regulations on small authorizes an agency to issue a rule (NAD 83). entities during rulemaking. The Coast without prior notice and opportunity to An on-scene representative of the Guard certifies under 5 U.S.C. 605(b) comment when the agency, for good COTP or event sponsor representatives that this rule will not have a significant cause, finds that those procedures are may permit vessels to transit the area economic impact on a substantial ‘‘impracticable, unnecessary, or contrary when no race activity is occurring. The number of small entities. to the public interest.’’ Under 5 U.S.C. on-scene representative may be present This rule will affect the following 553(b)(B), the Coast Guard finds that on any Coast Guard, state or local law entities, some of which might be small good cause exists for not publishing a enforcement vessel assigned to patrol entities: The owners or operators of notice of proposed rulemaking (NPRM) the event. Vessel operators desiring to vessels intending to transit or anchor in with respect to this rule because doing transit through the regulated area must this portion of the Detroit River, Trenton so would be impracticable. The final contact the Coast Guard Patrol Channel in the vicinity of Wyandotte, details of this event were not known to Commander to obtain permission to do MI between 7:30 a.m. and 4:30 p.m. on the Coast Guard until there was so. The COTP or his designated on- May 7, 2016. insufficient time remaining before the scene representative may be contacted This special local regulation will not event to publish an NPRM. Thus, via VHF Channel 16. have a significant economic impact on delaying the effective date of this rule to The COTP or his designated on-scene a substantial number of small entities wait for a comment period to run would representative will notify the public of for the reasons cited in the Regulatory
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Planning and Review section. G. Unfunded Mandates Reform Act Management Directive 023–01 and Additionally, before the enforcement of The Unfunded Mandates Reform Act Commandant Instruction M16475.lD, the regulation, Coast Guard Sector of 1995 (2 U.S.C. 1531–1538) requires which guide the Coast Guard in Detroit will issue a local Broadcast Federal agencies to assess the effects of complying with the National Notice to Mariners so vessel owners and their discretionary regulatory actions. In Environmental Policy Act of 1969 operators can plan accordingly. particular, the Act addresses actions (NEPA) (42 U.S.C. 4321–4370f), and have concluded this action is one of a C. Assistance for Small Entities that may result in the expenditure by a State, local, or tribal government, in the category of actions which do not Under section 213(a) of the Small aggregate, or by the private sector of individually or cumulatively have a Business Regulatory Enforcement $100,000,000 (adjusted for inflation) or significant effect on the human Fairness Act of 1996 (Pub. L. 104–121), more in any one year. Though this rule environment. This rule involves the we want to assist small entities in will not result in such expenditure, we establishment of a special local understanding this rule so that they can do discuss the effects of this rule regulation and is therefore categorically better evaluate its effects on them. If this elsewhere in this preamble. excluded from further review under rule would affect your small business, paragraph 34(h) of Figure 2–1 of the organization, or governmental H. Taking of Private Property Commandant Instruction. An jurisdiction and you have questions This rule will not cause a taking of environmental analysis checklist concerning its provisions or options for private property or otherwise have supporting this determination and a compliance, please contact the person taking implications under Executive Categorical Exclusion Determination are listed in the FOR FURTHER INFORMATION Order 12630, Governmental Actions and available in the docket where indicated CONTACT section above. Interference with Constitutionally under ADDRESSES. We seek any Small businesses may send comments Protected Property Rights. comments or information that may lead on the actions of Federal employees to the discovery of a significant who enforce, or otherwise determine I. Civil Justice Reform environmental impact from this rule. compliance with, Federal regulations to This rule meets applicable standards List of Subjects in 33 CFR Part 100 the Small Business and Agriculture in sections 3(a) and 3(b)(2) of E.O. Regulatory Enforcement Ombudsman 12988, Civil Justice Reform, to minimize Marine safety, Navigation (water), and the Regional Small Business litigation, eliminate ambiguity, and Reporting and recordkeeping Regulatory Fairness Boards. The reduce burden. requirements, Waterways. Ombudsman evaluates these actions For the reasons discussed in the annually and rates each agency’s J. Protection of Children preamble, the Coast Guard amends 33 responsiveness to small business. If you We have analyzed this rule under E.O. CFR part 100 as follows: wish to comment on actions by 13045, Protection of Children from employees of the Coast Guard, call 1– Environmental Health Risks and Safety PART 100—SAFETY OF LIFE ON 888–REG–FAIR (1–888–734–3247). The Risks. This rule is not an economically NAVIGABLE WATERS Coast Guard will not retaliate against significant rule and does not create an ■ 1. The authority citation for part 100 entities that question or complain about environmental risk to health or risk to continues to read as follows: this rule or any policy or action of the safety that may disproportionately affect Coast Guard. children. Authority: 33 U.S.C. 1233. ■ D. Collection of Information K. Indian Tribal Governments 2. Add § 100.35T09–0209 to read as follows: This rule will not call for a new This rule does not have tribal collection of information under the implications under E.O. 13175, § 100.35T09–0209 Special Local Paperwork Reduction Act of 1995 (44 Consultation and Coordination with Regulation; Wy-Hi Rowing Regatta; Detroit U.S.C. 3501–3520). Indian Tribal Governments, because it River, Trenton Channel; Wyandotte, MI. (a) Regulated area. A regulated area is E. Federalism does not have a substantial direct effect on one or more Indian tribes, on the established to encompass the following A rule has implications for federalism relationship between the Federal waterway: All waters of the Detroit under E.O. 13132, Federalism, if it has Government and Indian tribes, or on the River, Trenton Channel between the a substantial direct effect on the States, distribution of power and following two lines going from bank-to- on the relationship between the national responsibilities between the Federal bank: The first line is drawn directly government and the States, or on the Government and Indian tribes. across the channel from position distribution of power and 42°11.0′ N., 083°9.4′ W. (NAD 83); the responsibilities among the various L. Energy Effects second line, to the north, is drawn levels of government. We have analyzed This action is not a ‘‘significant directly across the channel from this rule under that Order and energy action’’ under E.O. 13211, position 42°11.7′ N., 083°8.9′ W. (NAD determined that this rule does not have Actions Concerning Regulations That 83). implications for federalism. Significantly Affect Energy Supply, (b) Enforcement period. This section is will be enforced from 7:30 a.m. until F. Protest Activities Distribution, or Use. 4:30 p.m. on May 7, 2016. The Coast Guard respects the First M. Technical Standards (c) Regulations. (1) Vessels transiting Amendment rights of protesters. This rule does not use technical through the regulated area are to Protesters are asked to contact the standards. Therefore, we did not maintain the minimum speeds for safe person listed in the FOR FURTHER consider the use of voluntary consensus navigation. INFORMATION CONTACT section to standards. (2) Vessel operators desiring to coordinate protest activities so that your operate in the regulated area must message can be received without N. Environment contact the Coast Guard Patrol jeopardizing the safety or security of We have analyzed this rule under Commander to obtain permission to do people, places, or vessels. Department of Homeland Security so. The Captain of the Port Detroit
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(COTP) or his on-scene representative regulation for the biennial Newport/ www.regulations.gov or via email to may be contacted via VHF Channel 16 Bermuda Regatta, Narragansett Bay, [email protected]. Follow the or at 313–568–9560. Vessel operators Newport, RI, from 12 p.m. to 7:30 p.m. online instructions for submitting given permission to operate within the on Friday, June 17, 2016. A portion of comments. Once submitted, comments regulated area must comply with all the navigable waters the East Passage, cannot be edited or removed from directions given to them by the COTP or Narragansett Bay, Newport, RI or its Regulations.gov. The EPA may publish his on-scene representative. approaches will be closed during the any comment received to its public (3) The ‘‘on-scene representative’’ of effective period to all vessel traffic, docket. Do not submit electronically any the COTP is any Coast Guard except local, state or Coast Guard patrol information you consider to be commissioned, warrant or petty officer craft. The full text of this regulation is Confidential Business Information (CBI) or a Federal, State, or local law found in 33 CFR 100.119. This notice of or other information whose disclosure is enforcement officer designated by or enforcement is issued under authority of restricted by statute. Multimedia assisting the COTP to act on his behalf. 33 CFR 165.119 and 5 U.S.C. 552(a). In submissions (audio, video, etc.) must be Dated: March 25, 2016. addition to this notice of enforcement in accompanied by a written comment. Scott B. Lemasters, the Federal Register, the Coast Guard The written comment is considered the Captain, U.S. Coast Guard, Captain of the plans to provide notification of this official comment and should include Port Detroit. enforcement periods via the Local discussion of all points you wish to [FR Doc. 2016–09275 Filed 4–20–16; 8:45 am] Notice to Mariners and Broadcast Notice make. The EPA will generally not to Mariners. consider comments or comment BILLING CODE 9110–04–P Dated: March 30, 2016. contents located outside of the primary R.J. Schultz, submission (i.e. on the web, cloud, or other file sharing system). For DEPARTMENT OF HOMELAND Captain, U.S. Coast Guard, Acting Captain SECURITY of the Port, Southeastern New England. additional submission methods, please contact Tracie Donaldson, 214–665– [FR Doc. 2016–09276 Filed 4–20–16; 8:45 am] Coast Guard 6633, [email protected]. For the BILLING CODE 9110–04–P full EPA public comment policy, 33 CFR Part 100 information about CBI or multimedia submissions, and general guidance on [USCG–2016–0264] ENVIRONMENTAL PROTECTION making effective comments, please visit AGENCY Special Local Regulation, Newport to http://www2.epa.gov/dockets/ commenting-epa-dockets. Bermuda Regatta, Narragansett Bay, 40 CFR Part 52 Newport, RI Docket: The index to the docket for [EPA–R06–OAR–2016–0132; FRL–9945–09– this action is available electronically at AGENCY: Coast Guard, DHS. Region 6] www.regulations.gov and in hard copy ACTION: Notice of enforcement of at EPA Region 6, 1445 Ross Avenue, Approval and Promulgation of regulation. Suite 700, Dallas, Texas. While all Implementation Plans; State of documents in the docket are listed in SUMMARY: The Coast Guard will enforce Louisiana; Revisions to the State the index, some information may be the Special Local Regulation for the Implementation Plan; Fee Regulations publicly available only at the hard copy biennial Newport to Bermuda Regatta, AGENCY: Environmental Protection location (e.g., copyrighted material), and Narragansett Bay, Rhode Island, from 12 Agency (EPA). some may not be publicly available at p.m. to 7:30 p.m. on Friday, June 17, either location (e.g., CBI). 2016. This action is necessary to ensure ACTION: Direct final rule. FOR FURTHER INFORMATION CONTACT: the safety of all participants and SUMMARY: The Environmental Protection Tracie Donaldson, 214–665–6633, spectators from the inherent dangers Agency (EPA) is taking a direct final [email protected]. To inspect associated with these types of races, action to approve revisions to the the hard copy materials, please schedule which include numerous large, fast Louisiana State Implementation Plan an appointment with Tracie Donaldson sailing vessels and hundreds of (SIP) related to the Fee Regulations or Bill Deese at 214–665–7253. spectator vessels. During the section of the Louisiana SIP that were enforcement period, no person or vessel submitted by the State of Louisiana on SUPPLEMENTARY INFORMATION: may enter or remain in the regulated February 23, 2016. The EPA has Throughout this document ‘‘we,’’ ‘‘us,’’ area except for participants in the event, evaluated the SIP submittal from and ‘‘our’’ means the EPA. supporting personnel, vessels registered Louisiana and determined these I. Background with the event organizer, and personnel revisions are consistent with the or vessels authorized by the Coast Guard requirements of the Clean Air Act (Act A. CAA and SIPs on-scene patrol commander. or CAA). The EPA is approving this Section 110 of the CAA requires DATES: The regulation in 33 CFR action under section 110 of the Act. States to develop and submit to the EPA 100.119 will be enforced from 12 p.m. DATES: This rule is effective on June 20, a SIP to ensure that State air quality to 7:30 p.m. on June 17, 2016. 2016 without further notice, unless the meets National Ambient Air Quality FOR FURTHER INFORMATION CONTACT: If EPA receives relevant adverse comment Standards. These ambient standards you have questions about this notice of by May 23, 2016. If the EPA receives currently address six criteria pollutants: enforcement, call or email Mr. Edward such comment, the EPA will publish a Carbon monoxide, nitrogen dioxide, LeBlanc, Waterways Management, timely withdrawal in the Federal ozone, lead, particulate matter, and Sector Southeastern New England, (401) Register informing the public that this sulfur dioxide. Each federally-approved 435–2351, email edward.g.leblanc@ rule will not take effect. SIP protects air quality primarily by uscg.mil. ADDRESSES: Submit your comments, addressing air pollution at its point of SUPPLEMENTARY INFORMATION: The Coast identified by Docket No. EPA–R06– origin through air pollution regulations Guard will enforce the special local OAR–2016–0132, at http:// and control strategies. The EPA
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approved SIP regulations and control submittal more accurately represent the submitted fee regulations to support this strategies are federally enforceable. current fee structure than the previously required program will further the state’s approved SIP, which was approved by B. SIP Revision Submitted on February air quality goals and will not interfere the EPA on March 8, 1989. Based on our 23, 2016 with any applicable requirement evaluation of the fee assessment concerning attainment and reasonable The EPA first approved the Louisiana provisions submitted, we find the further progress (as defined in section fee regulations into the Louisiana SIP on submitted repeal of Chapters 2 and 65 7501 of this title), or any other March 8, 1989. See 54 FR 09795. Since and replacement with Chapter 2 applicable requirement of this chapter. that date, the Louisiana fee regulations sections 201 through 221 [with the have been revised numerous times, but exception of LAC 33:III.211(B)(15)] III. Final Action the SIP itself has not been updated. In establishing fee requirements for For the reasons stated above and in order to address the gap between the permits is consistent with sections the TSD, the EPA is taking direct final SIP-approved fee regulations and the 110(a)(2)(E)(i) and 110(a)(2)(L) of the existing State fee regulations, the CAA. action to approve revisions to the Louisiana Department of Environment Louisiana SIP pertaining to title I fees. Under section 110(l) of the CAA, the Quality (LDEQ) submitted a revision to Specifically, the EPA is removing the EPA can only approve a revision to an the Louisiana SIP in a letter dated current SIP-approved fee program in implementation plan after it has been February 23, 2016 that included Chapters 2 and 65 and approving in its adopted by a State after reasonable regulations revised from 9/20/1988 place the revised Louisiana fee program notice and public hearing. The proposed through 4/20/2011; this submittal at Chapter 2 sections 201 through 221, SIP revision was published in the replaces the current SIP-approved and submitted as a revision to the Louisiana Register on December 20, permit fee program provisions found in Louisiana SIP on February 23, 2016. Chapters 2 and 65 and replaces them 2015. No request was made for a public The EPA is publishing this rule with the current provisions included in hearing and no adverse comments were without prior proposal because we view the submittal for Chapter 2 which relate received by LDEQ. We find that the this as a non-controversial amendment to the State’s air program. In particular, submitted revision satisfies the public the LDEQ submitted revisions for the notice requirements under section and anticipate no adverse comments. inclusion of Louisiana Administrative 110(l). Further under section 110(l), the However, in the proposed rules section Code (LAC) 33:III Sections 201–221 into EPA cannot approve a revision of a plan of this Federal Register publication, we the Louisiana SIP, with the exception of if the revision would interfere with any are publishing a separate document that LAC 33:III.211(B)(15) which applies applicable requirement concerning will serve as the proposal to approve solely to fees for title V permitting. The attainment, maintenance and reasonable this SIP revision if relevant adverse submitted sections provide the state’s further progress. The LDEQ has comments are received. This rule will authority to assess, collect and enforce submitted a repeal of the existing SIP- be effective on June 20, 2016 without the permitting fee program. approved fee regulations that include a further notice unless we receive relevant specific fee schedule with detailed adverse comment by May 23, 2016. If II. The EPA’s Evaluation dollar amounts for specified permitting we receive relevant adverse comments, As detailed in the Technical Support activities. In place of the repealed we will publish a timely withdrawal in Document (TSD) accompanying this regulations, the LDEQ has submitted the Federal Register informing the action, the LDEQ submitted a proposed regulations that enable the state to public that the rule will not take effect. SIP revision to the title I fee regulations assess and collect fees sufficient to We will address all public comments in requesting a repeal of the current SIP- implement the title I permitting a subsequent final rule based on the approved permit fee program and program. Title I does not require SIPs to proposed rule. We will not institute a replacement with the submitted include a specific fee schedule or dollar second comment period on this action. proposed revisions for revised fee amount for permitting activities; the Any parties interested in commenting regulations containing a new fee EPA also does not have a presumptive must do so now. Please note that if we schedule and associated provisions minimum that we believe is sufficient receive relevant adverse comment on an specific to the State’s air program. for implementing a title I program. amendment, paragraph, or section of Sections 201 through 221 of Chapter 2 Rather, our analysis of the approvability this rule and if that provision may be establish the state’s authority to assess, of a title I fee program is based on severed from the remainder of the rule, collect and enforce a fee permitting determining whether the state has the we may adopt as final those provisions program to adequately fund air adequate legal authority to assess, of the rule that are not the subject of an pollution permitting activities in collect and enforce the fees determined adverse comment. Louisiana. The EPA has reviewed the by the state as necessary for submitted revisions and determined that implementation and whether the state IV. Incorporation by Reference the submitted revised fee program is has the ability to revise these fees into consistent with the general the future in order to continue to In this rule, we are finalizing requirements at CAA section implement the title I program. Our regulatory text that includes 110(a)(2)(E)(i) to provide necessary analysis indicates the submitted fee incorporation by reference. In assurances that the State will have regulations provide the State of accordance with the requirements of 1 adequate funding to carry out the Louisiana with the necessary authority CFR 51.5, we are finalizing the provisions of the Louisiana SIP as it to assess, collect and enforce permitting incorporation by reference of the pertains to major and minor source Title fees sufficient to implement the title I revisions to the Louisiana regulations as I permitting, and with CAA section permitting program. The proposed described in the Final Action section 110(a)(2)(L) that requires states to charge revisions are administrative in nature above. We have made, and will continue necessary fees for the development and and will not affect emissions and will to make, these documents generally implementation of major source Title I also not interfere with requirements of available electronically through permits. The proposed revisions the CAA related to the proposed www.regulations.gov and/or in hard included in the February 23, 2016, SIP revisions. We propose to find that the copy at the EPA Region 6 office.
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V. Statutory and Executive Order application of those requirements would for judicial review may be filed, and Reviews be inconsistent with the CAA; and shall not postpone the effectiveness of • Under the CAA, the Administrator is Does not provide EPA with the such rule or action. This action may not required to approve a SIP submission discretionary authority to address, as be challenged later in proceedings to that complies with the provisions of the appropriate, disproportionate human enforce its requirements. (See section Act and applicable Federal regulations. health or environmental effects, using 307(b)(2)). practicable and legally permissible 42 U.S.C. 7410(k); 40 CFR 52.02(a). List of Subjects in 40 CFR Part 52 Thus, in reviewing SIP submissions, the methods, under Executive Order 12898 EPA’s role is to approve state choices, (59 FR 7629, February 16, 1994). Environmental protection, Air provided that they meet the criteria of In addition, the SIP is not approved to pollution control, Carbon monoxide, the CAA. Accordingly, this action apply on any Indian reservation land or Incorporation by reference, merely approves state law as meeting in any other area where EPA or an Intergovernmental relations, Lead, Federal requirements and does not Indian tribe has demonstrated that a Nitrogen dioxide, Ozone, Particulate impose additional requirements beyond tribe has jurisdiction. In those areas of matter, Reporting and recordkeeping those imposed by state law. For that Indian country, the rule does not have requirements, Sulfur oxides, Volatile reason, this action: tribal implications and will not impose organic compounds. • substantial direct costs on tribal Is not a ‘‘significant regulatory Dated: April 6, 2016. action’’ subject to review by the Office governments or preempt tribal law as Ron Curry, of Management and Budget under specified by Executive Order 13175 (65 Executive Orders 12866 (58 FR 51735, FR 67249, November 9, 2000). Regional Administrator, Region 6. October 4, 1993) and 13563 (76 FR 3821, The Congressional Review Act, 5 40 CFR part 52 is amended as follows: January 21, 2011); U.S.C. 801 et seq., as added by the Small • Does not impose an information Business Regulatory Enforcement PART 52—APPROVAL AND collection burden under the provisions Fairness Act of 1996, generally provides PROMULGATION OF of the Paperwork Reduction Act (44 that before a rule may take effect, the IMPLEMENTATION PLANS U.S.C. 3501 et seq.); agency promulgating the rule must • Is certified as not having a submit a rule report, which includes a ■ 1. The authority citation for part 52 significant economic impact on a copy of the rule, to each House of the continues to read as follows: substantial number of small entities Congress and to the Comptroller General Authority: 42 U.S.C. 7401 et seq. under the Regulatory Flexibility Act (5 of the United States. The EPA will U.S.C. 601 et seq.); submit a report containing this rule and Subpart T—Louisiana • Does not contain any unfunded other required information to the U.S. mandate or significantly or uniquely Senate, the U.S. House of ■ 2. In § 52.970, the table in paragraph affect small governments, as described Representatives, and the Comptroller (c) is amended by: in the Unfunded Mandates Reform Act General of the United States prior to ■ a. Adding entries for ‘‘Sections 201, of 1995 (Pub. L. 104–4); publication of the rule in the Federal 203, 205, 207, 209, 211, 213, 215, 217, • Does not have Federalism Register. A major rule cannot take effect 219, and 221’’. implications as specified in Executive until 60 days after it is published in the ■ b. Removing the entry for ‘‘Section Order 13132 (64 FR 43255, August 10, Federal Register. This action is not a 223’’, the center heading ‘‘Chapter 65— 1999); ‘‘major rule’’ as defined by 5 U.S.C. • Is not an economically significant 804(2). Rules and Regulations for the Fee regulatory action based on health or Under section 307(b)(1) of the CAA, System of the Air Quality Control safety risks subject to Executive Order petitions for judicial review of this Programs’’ and the entries for ‘‘Sections 13045 (62 FR 19885, April 23, 1997); action must be filed in the United States 6501, 6503, 6505, 6507, 6509, 6511, • Is not a significant regulatory action Court of Appeals for the appropriate 6513, 6515, 6517, 6519, 6521, and subject to Executive Order 13211 (66 FR circuit by June 20, 2016. Filing a 6523’’. 28355, May 22, 2001); petition for reconsideration by the The additions read as follows: • Is not subject to requirements of Administrator of this final rule does not section 12(d) of the National affect the finality of this rule for the § 52.970 Identification of plan. Technology Transfer and Advancement purposes of judicial review nor does it * * * * * Act of 1995 (15 U.S.C. 272 note) because extend the time within which a petition (c) * * *
EPA APPROVED REGULATIONS IN THE LOUISIANA SIP
State State citation Title/subject approval date EPA approval date Comments
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Chapter 2—Rules and Regulations for the Fee System of the Air Quality Control Programs
Section 201 ...... Scope and Purpose ...... 10/20/1993 4/21/2016 [Insert Federal Reg- ister citation]. Section 203 ...... Authority ...... 9/20/1988 4/21/2016 [Insert Federal Reg- ister citation]. Section 205 ...... Definitions ...... 9/20/1988 4/21/2016 [Insert Federal Reg- ister citation]. Section 207 ...... Application Fees ...... 2/20/2000 4/21/2016 [Insert Federal Reg- ister citation].
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EPA APPROVED REGULATIONS IN THE LOUISIANA SIP—Continued
State State citation Title/subject approval date EPA approval date Comments
Section 209 ...... Annual Fees ...... 2/20/2000 4/21/2016 [Insert Federal Reg- ister citation]. Section 211 ...... Methodology ...... 4/20/2011 4/21/2016 [Insert Federal Reg- SIP does NOT include LAC ister citation]. 33:III.211.B.15. Section 213 ...... Determination of Fee ...... 9/20/1988 4/21/2016 [Insert Federal Reg- ister citation]. Section 215 ...... Method of Payment ...... 10/20/2009 4/21/2016 [Insert Federal Reg- ister citation]. Section 217 ...... Late Payment ...... 3/20/1999 4/21/2016 [Insert Federal Reg- ister citation]. Section 219 ...... Failure to Pay ...... 3/20/1999 4/21/2016 [Insert Federal Reg- ister citation]. Section 221 ...... Effective Date ...... 9/20/1988 4/21/2016 [Insert Federal Reg- ister citation].
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* * * * * Geographic Classification Review Board CMS—1664–IFC, P.O. Box 8013, [FR Doc. 2016–09066 Filed 4–20–16; 8:45 am] (MGCRB) reclassification would also Baltimore, MD 21244–8013. BILLING CODE 6560–50–P have the opportunity to seek rural Please allow sufficient time for mailed reclassification for IPPS payment and comments to be received before the other purposes and keep their existing close of the comment period. DEPARTMENT OF HEALTH AND MGCRB reclassification. We would also 3. By express or overnight mail. You HUMAN SERVICES apply the policy in this IFC when may send written comments to the deciding timely appeals before the following address ONLY: Centers for Centers for Medicare & Medicaid Administrator under our regulations for Medicare & Medicaid Services, Services FY 2017 that were denied by the Department of Health and Human MGCRB due to existing regulations, Services, Attention: CMS—1664–IFC, 42 CFR Part 412 which do not permit simultaneous rural Mail Stop C4–26–05, 7500 Security [CMS–1664–IFC] reclassification for IPPS payment and Boulevard, Baltimore, MD 21244–1850. other purposes and MGCRB RIN 0938–AS88 4. By hand or courier. Alternatively, reclassification. These regulatory you may deliver (by hand or courier) changes implement the decisions in your written comments ONLY to the Medicare Program; Temporary Geisinger Community Medical Center v. Exception for Certain Severe Wound following addresses prior to the close of Secretary, United States Department of the comment period: Discharges From Certain Long-Term Health and Human Services, 794 F.3d Care Hospitals Required by the 383 (3d Cir. 2015) and Lawrence + a. For delivery in Washington, DC— Consolidated Appropriations Act, Memorial Hospital v. Burwell, No. 15– Centers for Medicare & Medicaid 2016; Modification of Limitations on 164, 2016 WL 423702 (2d Cir. Feb. 4, Services, Department of Health and Redesignation by the Medicare 2015) in a nationally consistent manner. Human Services, Room 445–G, Hubert Geographic Classification Review H. Humphrey Building, 200 DATES: Board Effective date: These regulations Independence Avenue SW., are effective on April 21, 2016. Washington, DC 20201. AGENCY: Centers for Medicare & Comment date: To be assured (Because access to the interior of the Medicaid Services (CMS), HHS. consideration, comments must be Hubert H. Humphrey Building is not ACTION: received at one of the addresses Interim final rule with comment readily available to persons without period. provided below, no later than 5 p.m. on June 17, 2016. federal government identification, commenters are encouraged to leave SUMMARY: This interim final rule with ADDRESSES: In commenting, please refer their comments in the CMS drop slots comment period (IFC) implements to file code CMS–1664–IFC. Because of located in the main lobby of the section 231 of the Consolidated staff and resource limitations, we cannot building. A stamp-in clock is available Appropriations Act of 2016 (CAA), accept comments by facsimile (FAX) for persons wishing to retain a proof of which provides for a temporary transmission. exception for certain wound care You may submit comments in one of filing by stamping in and retaining an discharges from the application of the four ways (please choose only one of the extra copy of the comments being filed.) site neutral payment rate under the ways listed) b. For delivery in Baltimore, MD— Long-Term Care Hospital (LTCH) 1. Electronically. You may submit Centers for Medicare & Medicaid Prospective Payment System (PPS) for electronic comments on this regulation Services, Department of Health and certain long-term care hospitals. This to http://www.regulations.gov. Follow Human Services, 7500 Security IFC also amends our current regulations the ‘‘Submit a comment’’ instructions. Boulevard, Baltimore, MD 21244–1850. to allow hospitals nationwide to 2. By regular mail. You may mail If you intend to deliver your reclassify based on their acquired rural written comments to the following comments to the Baltimore address, call status, effective with reclassifications address ONLY: Centers for Medicare & telephone number (410) 786–9994 in beginning with fiscal year (FY) 2018. Medicaid Services, Department of advance to schedule your arrival with Hospitals with an existing Medicare Health and Human Services, Attention: one of our staff members.
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Comments erroneously mailed to the Section 1886(d)(1)(B)(iv)(I) of the Act provisions are located at 42 CFR part addresses indicated as appropriate for defines an LTCH as a hospital which 413.) With the implementation of the hand or courier delivery may be delayed has an average inpatient length of stay PPS for acute care hospitals authorized and received after the comment period. (as determined by the Secretary) of by the Social Security Amendments of For information on viewing public greater than 25 days. Section 1983 (Pub. L. 98–21), which added comments, see the beginning of the 1886(d)(1)(B)(iv)(II) of the Act also section 1886(d) to the Act, certain SUPPLEMENTARY INFORMATION section. provides an alternative definition of hospitals, including LTCHs, were FOR FURTHER INFORMATION CONTACT: LTCHs: specifically, a hospital that first excluded from the PPS for acute care Emily Lipkin, (410) 786–3633 for the received payment under section 1886(d) hospitals and were paid their reasonable Temporary Exception to Site-Neutral of the Act in 1986 and has an average costs for inpatient services subject to a Payments for Certain Long-Term Care inpatient length of stay (as determined per discharge limitation or target Hospital Discharges. by the Secretary of Health and Human amount under the TEFRA system. For Tehila Lipschutz, (410) 786–1344 or Services (the Secretary)) of greater than each cost-reporting period, a hospital Dan Schroder, (410) 786–7452 for the 20 days and has 80 percent or more of specific ceiling on payments was Modification of Limitations on its annual Medicare inpatient discharges determined by multiplying the Redesignation by the Medicare with a principal diagnosis that reflects hospital’s updated target amount by the Geographic Classification Review Board. a finding of neoplastic disease in the 12- number of total current year Medicare SUPPLEMENTARY INFORMATION: month cost reporting period ending in discharges. (Generally, in this interim Inspection of Public Comments: All FY 1997. final rule with comment, when we refer comments received before the close of Section 123 of the BBRA requires the to discharges, we describe Medicare the comment period are available for PPS for LTCHs to be a ‘‘per discharge’’ discharges.) The August 30, 2002 final viewing by the public, including any system with a diagnosis related group rule further details the payment policy personally identifiable or confidential (DRG) based patient classification under the TEFRA system (67 FR 55954). business information that is included in system that reflects the differences in In the August 30, 2002 final rule, we a comment. We post all comments patient resources and costs in LTCHs. provided for a 5-year transition period received before the close of the Section 307(b)(1) of the BIPA, among from payments under the TEFRA system comment period on the following Web other things, mandates that the to payments under the LTCH PPS. site as soon as possible after they have Secretary shall examine, and may During this 5-year transition period, an been received: http://regulations.gov. provide for, adjustments to payments LTCH’s total payment under the PPS Follow the search instructions on that under the LTCH PPS, including was based on an increasing percentage Web site to view public comments. adjustments to DRG weights, area wage of the federal rate with a corresponding Comments received timely will be adjustments, geographic reclassification, decrease in the percentage of the LTCH also available for public inspection as outliers, updates, and a disproportionate PPS payment that is based on they are received, generally beginning share adjustment. reasonable cost concepts, unless an In the August 30, 2002 Federal approximately 3 weeks after publication LTCH made a one-time election to be Register (67 FR 55954), we issued the of a document, at the headquarters of paid based on 100 percent of the federal Medicare Program; Prospective Payment the Centers for Medicare & Medicaid rate. Beginning with LTCHs’ cost System for Long-Term Care Hospitals: Services, 7500 Security Boulevard, reporting periods beginning on or after Implementation and FY 2003 Rates final Baltimore, Maryland 21244, Monday October 1, 2006, total LTCH PPS rule that implemented the LTCH PPS through Friday of each week from 8:30 payments are based on 100 percent of authorized under the BBRA and BIPA. a.m. to 4 p.m. To schedule an the federal rate. For the initial implementation of the In addition, in the August 30, 2002 appointment to view public comments, LTCH PPS (FYs 2003 through FY 2007), final rule, we presented an in depth phone 1–800–743–3951. the system used information from LTCH discussion of the LTCH PPS, including I. Background patient records to classify patients into the patient classification system, distinct long-term care diagnosis related relative weights, payment rates, A. Long-Term Care Hospital Prospective groups (LTC–DRGs) based on clinical additional payments, and the budget Payment System characteristics and expected resource neutrality requirements mandated by Section 123 of the Medicare, needs. Beginning in FY 2008, we section 123 of the BBRA. The same final Medicaid, and SCHIP (State Children’s adopted the Medicare severity long-term rule that established regulations for the Health Insurance Program) Balanced care diagnosis related groups (MS–LTC– LTCH PPS under 42 CFR part 412, Budget Refinement Act of 1999 (BBRA) DRGs) as the patient classification subpart O, also contained LTCH (Pub. L. 106–113) as amended by system used under the LTCH PPS. provisions related to covered inpatient section 307(b) of the Medicare, Payments are calculated for each MS– services, limitation on charges to Medicaid, and SCHIP Benefits LTC–DRG and provisions are made for beneficiaries, medical review Improvement and Protection Act of appropriate payment adjustments. requirements, furnishing of inpatient 2000 (BIPA) (Pub. L. 106–554) provides Payment rates under the LTCH PPS are hospital services directly or under for payment for both the operating and updated annually and published in the arrangement, and reporting and capital related costs of hospital Federal Register. recordkeeping requirements. We refer inpatient stays in long-term care The LTCH PPS replaced the readers to the August 30, 2002 final rule hospitals (LTCHs) under Medicare Part reasonable cost based payment system for a comprehensive discussion of the A based on prospectively set rates. The under the Tax Equity and Fiscal research and data that supported the Medicare prospective payment system Responsibility Act of 1982 (TEFRA) establishment of the LTCH PPS (67 FR (PPS) for LTCHs applies to hospitals (Pub. L. 97–248) for payments for 55954). that are described in section inpatient services provided by an LTCH We refer readers to the FY 2012 IPPS/ 1886(d)(1)(B)(iv) of the Social Security with a cost reporting period beginning LTCH PPS final rule (76 FR 51733 Act (the Act), effective for cost reporting on or after October 1, 2002. (The through 51743) for a chronological periods beginning on or after October 1, regulations implementing the TEFRA summary of the main legislative and 2002. reasonable cost based payment regulatory developments affecting the
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LTCH PPS through the annual update implementation of the provisions of (We refer readers to a discussion in the cycles prior to the FY 2014 rulemaking sections 1886(d)(8)(B), 1886(d)(8)(C), FY 2002 IPPS final rule (66 FR 39874 cycle. In addition, the FY 2016 IPPS/ and 1886(d)(10) of the Act, regarding and 39875) regarding how the MGCRB LTCH PPS final rule, we implemented geographic reclassification of hospitals, defines mileage for purposes of the the provisions of the Pathway for SGR are equal to the aggregate prospective proximity requirements.) The general Reform Act of 2013 (Pub. L. 113–67), payments that would have been made policies applicable to reclassifications which mandated the application of the absent these provisions. under the MGCRB process are discussed ‘‘site neutral’’ payment rate for Hospitals may seek to have their in the FY 2012 IPPS/LTCH PPS final discharges in cost reporting periods geographic designation reclassified. rule for the FY 2012 final wage index beginning in FY 2016. Section Under section 1886(d)(8)(E) of the Act, (76 FR 51595 and 51596). 1886(m)(6)(A) of the Act provides that, a qualifying prospective payment II. Provisions of the Interim Final Rule for cost reporting periods beginning on hospital located in an urban area may With Comment Period or after October 1, 2015, discharges that apply for rural status. Specifically, do not meet certain statutory criteria are section 1886(d)(8)(E) of the Act states A. Long Term Care Hospital Prospective paid the site neutral payment rate. that ‘‘[f]or purposes of this subsection, Payment System Discharges which do meet the statutory not later than 60 days after the receipt 1. Section 231 of the Consolidated criteria continue to receive of an application (in a form and manner Appropriations Act, 2016 reimbursement at the LTCH PPS determined by the Secretary) from a standard federal payment rate. The subsection (d) hospital described in Section 231 of the Consolidated application of the site neutral payment clause (ii), the Secretary shall treat the Appropriations Act, 2016 (CAA) (Pub. rate, which resulted in a dual rate hospital as being located in the rural L. 114–113) amends section 1886(m)(6) payment structure under the LTCH PPS, area (as defined in paragraph (2)(D)) of of the Act by revising subparagraph is implemented in the regulations at the state in which the hospital is (A)(i) and adding new subparagraph (E), § 412.522. For more information on the located.’’ The regulations governing which establishes a temporary statutory requirements of the Pathway these geographic redesignations are exception for certain wound care for SGR Reform Act of 2013, refer to the found in § 412.103. We also refer discharges from the site neutral FY 2016 IPPS/LTCH PPS final rule (80 readers to the final rule published in the payment rate for certain LTCHs. FR 49601 through 49623). August 1, 2000 Federal Register Specifically, under this statutory entitled, ‘‘Medicare Program; Provisions provision, the exception applies for B. Wage Index for Acute Care Hospitals of the Balanced Budget Refinement Act discharges occurring prior to January 1, Paid Under the Inpatient Prospective of 1999; Hospital Inpatient Payments 2017 from LTCHs ‘‘identified by the Payment System (IPPS) and Rates and Costs of Graduate amendment made by section 4417(a) of Under section 1886(d) of the Act Medical Education’’ (65 FR 47029 the Balanced Budget Act of 1997’’ and hospitals are paid based on through 47031) for a discussion of the ‘‘located in a rural area (as defined in prospectively set rates. To account for general criteria for reclassifying from subsection (d)(2)(D)) or treated as being geographic area wage level differences, urban to rural under this statute. In so located pursuant to subsection section 1886(d)(3)(E) of the Act requires addition, in the FY 2012 IPPS/LTCH (d)(8)(E)’’ when the individual that the Secretary adjust the PPS final rule (76 FR 51596), we discharged ‘‘has a severe wound’’. In standardized amounts by a factor discussed the effects on the wage index this interim final rule with comment (established by the Secretary) reflecting of an urban hospital reclassifying to a period (IFC), we are amending § 412.522 the relative hospital wage level in the rural area of its state, if the urban to implement this provision. Because geographic area of the hospital, as hospital meets the requirements under the statute contained no effective date compared to the national average § 412.103. Hospitals that are located in and required rulemaking to implement, hospital wage level. We currently define states without any geographically rural we determined that an IFC was the hospital labor market areas based on the areas are ineligible to apply for rural appropriate mechanism to use to delineations of statistical areas reclassification in accordance with the provide the longest period of relief established by the Office of Management provisions of § 412.103. under the statute. and Budget (OMB). The current In addition, under section 1886(d)(10) In implementing the provisions of statistical areas (which were of the Act, the Medicare Geographic section 231 of the CAA, we found that, implemented beginning with FY 2015) Classification Review Board (MGCRB) in light of the unique nature of LTCHs are based on revised OMB delineations considers applications by hospitals for as a category of Medicare provider, issued on February 28, 2013, in OMB geographic reclassification for purposes some of the terminology in the Bulletin No. 13–01. We refer readers to of payment under the IPPS. Hospitals provision is internally inconsistent. the FY 2015 IPPS/LTCH PPS final rule must apply to the MGCRB to reclassify Therefore, we were required to interpret (79 FR 49951 through 49963) for a full not later than 13 months prior to the the provisions in the way we believe discussion of our implementation of the start of the fiscal year for which reasonably reconciles seemingly new OMB labor market area reclassification is sought (generally by inconsistent provisions and that results delineations beginning with the FY September 1). Generally, hospitals must in an application of the provisions that 2015 wage index. be proximate to the labor market area to is logical and workable. We discuss our Section 1886(d)(3)(E) of the Act which they are seeking reclassification interpretations in this section of this requires the Secretary to update the and must demonstrate characteristics IFC. wage index of hospitals annually, and to similar to hospitals located in that area. Section 1886(m)(6)(E)(i)(I)(aa) of the base the update on a survey of wages The MGCRB issues its decisions by the Act, as added by the CAA, specifies that and wage-related costs of short-term, end of February for reclassifications that the temporary exclusion for certain acute care hospitals. Under section become effective for the following fiscal discharges from the site neutral 1886(d)(8)(D) of the Act, the Secretary is year (beginning October 1). The payment rate is applicable to an LTCH required to adjust the standardized regulations applicable to that is ‘‘identified by the amendment amounts so as to ensure that aggregate reclassifications by the MGCRB are made by section 4417(a) of the Balanced payments under the IPPS, after located in §§ 412.230 through 412.280. Budget Act of 1997.’’ The phrase
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‘‘identified by the amendment made by defined in our regulations at § 412.22(e) employees. Furthermore, the section 4417(a) of the Balanced Budget as a hospital which occupies space in a commenters expressed concern that the Act of 1997’’ has been interpreted by building also used by another hospital proposed effective date timeframe for CMS in previous rulemaking. Section or on the campus of another hospital. implementation (which was 60 days 114 of the Medicare, Medicaid, and The provisions governing HwH from the publication of the final rule) SCHIP Extension Act (MMSEA) (Pub. L. exemption from the separateness and was too short because it would not 110–173) used the phrase to delay the control requirements remained allow adequate time for providers to implementation of the 25 percent policy unchanged until the FY 2003 undo previous changes to the terms and at §§ 412.534 and 412.536 for LTCHs rulemaking cycle in which we proposed conditions under which they operated. ‘‘identified by the amendment made by and finalized revisions to § 412.22(f) to In response to these comments, in the section 4417(a) of the Balanced Budget specify that, effective with cost FY 2003 LTCH PPS final rule, we Act of 1997’’ which we interpreted in reporting periods beginning on or after reiterated that, in establishing the May 22, 2008 interim final rule with October 1, 2003, a hospital operating as grandfathering regulations, the intent comment period (IFC). In that IFC (73 an HwH on or before September 30, had been to protect existing hospitals FR 29703) (finalized in our FY 2010 1995, would only be exempt from the from the potentially adverse impact of IPPS/RY 2010 LTCH PPS final rule (74 criteria in §§ 412.22(e)(1) through (5) if subsequent, specific regulations that FR 43980)) we interpreted the phrase to the hospital-within-a-hospital continued they could not have foreseen, and, using mean hospitals which were described in to operate under the same terms and their existing operational structures, § 412.23(e)(2)(i) that meet the criteria of conditions that were in effect as of could not have abided by. If those § 412.22(f). (We note that we received September 30, 1995 (68 FR 45463). The entities later proved able to change their no comments in response to this intent of this modification to the operational structures, we saw no policy interpretation). Section 412.22(f) grandfathering provision was to limit basis for not applying the separateness requires that, in order to maintain the separateness and control exemption and control provisions that had since grandfathered status, a hospital-within- to those HwHs that continued to operate proven essential to the goals of the hospital (HwH) must continue to as they had when the Congress provided Medicare program—after all, the entity operate under the same terms and for an exemption from the requirements. benefiting from the grandfathering conditions including but not limited to Those HwHs that met this requirement would no longer resemble the entity the number of beds. In revising § 412.22(f) would continue to be shielded as the Congress had grandfathered in statute. in the FY 2004 IPPS final rule (68 FR Congress had intended. But, in That said, we understood commenters’ 45463), we created a ‘‘hold harmless’’ recognition of the need not to allow concerns about after-the-fact changes, provision which allowed a these facilities undue advantage over and so we finalized a policy that grandfathered HwH to increase beds or facilities not benefiting from the grandfathered any facility that change terms and maintain exemption, and in recognition that some continued to operate as it had as of grandfathered status so long as beds grandfathered HwHs no longer September 30, 1995 (our original were not increased on or after October resembled the entities they had been in proposal), or that operated under the 1, 2003 (meaning that if a hospital 1995 (for example, by changing the terms and conditions that had been put increased beds between October 1, 1995 nature of their operations such as by into effect no later than October 1, 2003, and codified these provisions in a and September 30, 2003 it would adding more beds), we proposed to limit revised § 412.22(f). An LTCH that met maintain its grandfathered status). As grandfathering to those HwHs that these revised grandfathering we have already interpreted this exact continued to operate under the same requirements would still need to phrase in previous rulemaking, for terms and conditions that were in effect comply with the general HwH purposes of implementing section 231 as of September 30, 1995, the date requirements set forth in § 412.22(e) of the CAA we are interpreting the identified in the BBA. (see 68 FR 45463). phrase consistent with our Several commenters disagreed with Later, in recognition of requests for implementation of MMSEA, meaning our proposal to limit grandfathering to modification relating to the need to that ‘‘identified by the amendment HwH that continue to operate under the update a hospital’s medical equipment, made by section 4417(a) of the Balanced same terms and conditions that were in in the FY 2007 IPPS proposed rule, we Budget Act of 1997’’ requires that the place on September 30, 1995. These proposed further revisions to the LTCH participated in Medicare as an commenters believed that the adoption requirements of § 412.22(f) to allow LTCH and was co-located with another of this proposal could result in a grandfathered hospitals to increase hospital as of September 30, 1995, and decertification of a number of LTCHs, square footage or decrease the number must currently meet the requirements of thus depriving Medicare beneficiaries of of beds for cost reporting periods § 412.22(f). specialized services and unique beginning on or after October 1, 2006 Section 4417(a) of the BBA of 1997 programs. They asserted that CMS was without a loss of grandfathered status. permanently exempted certain LTCHs requiring grandfathered HwHs that had These proposals generated comments from our regulations governing changed the terms and conditions under requesting further amendments to allow separateness and control requirements which they operated to either reverse a grandfathered hospital to increase for HwHs (which we established in the their previously approved changes or beds without loss of grandfathered FY 1995 IPPS final rule (59 FR 45389)). lose their certification, which would status. As we explained in response to We implemented section 4417(a) of the retroactively reverse prior governmental those comments in the FY 2007 IPPS BBA in the FY 1998 IPPS final rule (62 approvals of LTCH changes. The final rule (71 FR 48106), grandfathered FR 46012). As finalized, our regulations commenters further asserted that there hospitals are generally organized and implementing section 4417(a) of the was no good reason to treat these operated in ways that do not meet the BBA exempted hospitals excluded from hospitals any differently from other separateness and control requirements the hospital inpatient prospective providers participating in the Medicare applicable to non-grandfathered payment system on or before September program, a practice that the commenters facilities, so that they effectively 30, 1995 from our separateness and believed would result in inequitable function as units of their host facilities, control HwH requirements. An HwH is treatment of patients as well as an arrangement prohibited by the Act.
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Therefore, although we finalized to be treated as rural pursuant to section subsection (d) hospitals under regulations that allowed grandfathered 1886(d)(8)(E) of the Act because that § 412.103; and HwHs (and satellite facilities) the ability section only applies to subsection (d) • Allow grandfathered LTCH HwHs to increase their square footage and hospitals, and LTCHs, by definition at (previously defined in this IFC) to apply retain grandfathered status to allow the section 1886(b)(1) of the Act are not to their RO for treatment as being hospitals to be able to provide care subsection (d) hospitals. located in a rural area for the sole using the most appropriate medical For urban subsection (d) hospitals, we purpose of qualifying for this temporary equipment and techniques (which may implemented the rural reclassification exclusion from the application of the require more space than was required in provision in the regulations at site neutral payment rate. 1995 and 2003), we did not allow § 412.103. In general, the provisions of We note that this policy would only grandfathered hospitals an increase in § 412.103 provides that a hospital that is allow grandfathered LTCH HwHs to the number of beds (71 FR 48111). located in an urban area may be apply for this reclassification. The rural As discussed previously, there are reclassified as a rural hospital if it treatment would only extend to this several reasons for which an LTCH submits an application in accordance temporary exception for certain wound described in § 412.23(e)(2)(i) may not with our established criteria and meets care discharges from the site neutral meet the criteria in § 412.22(f). For certain conditions, which include the payment rate (meaning a grandfathered example, the LTCH may have more than hospital being located in a rural census HwH LTCH will not be treated as rural one location, meaning that each co- tract of a MSA as determined under the for any other reason including, but not located location would be a satellite, not most recent version of the Goldsmith limited to, the 25 percent policy and an HwH, or the hospital may have Modification, the Rural-Urban wage index). We also note that the any increased beds after September 30, 2003 Commuting Area (RUCA) codes, as rural treatment under § 412.103 for a (we note that the preceding provides determined by the Office of Rural grandfathered HwH LTCH will expire at only examples and is not an exhaustive Health Policy (ORHP) of the Health the same time as this temporary list of the reasons an LTCH may not Resources and Services Administration provision (that is, December 31, 2016). meet the criteria in § 412.22(f)). Also as (HRSA), or that the hospital is located Section 1886(m)(6)(E)(i)(II) of the Act, previously explained, the requirement in an area designated by any law or as added by the CAA, provides that the that grandfathered HwHs meet the regulation of the state in which it is temporary exclusion for certain criteria in § 412.22(f) was established located as a rural area, or the hospital discharges from the site neutral through previous notice-and-comment is designated as a rural hospital by state rulemaking. Therefore, in order to law or regulation. Paragraph (b) of payment rate for certain LTCHs is identify which LTCHs are grandfathered § 412.103 sets forth application applicable when ‘‘the individual HwHs, Medicare Administrative requirements for a hospital seeking discharged has a severe wound.’’ The Contractors (MACs) will be verifying reclassification as rural under that use of the present tense in ‘‘has’’ a which LTCHs described in section, which includes a written severe wound is also internally § 412.23(e)(2)(i) meet the criteria in application mailed to the Center for inconsistent. A strictly literal read of the § 412.22(f). Section Medicare and Medicaid Services (CMS) statute would require exception from 1886(m)(6)(E)(i)(I)(bb) of the Act, as regional office (RO) that contains an the site neutral payment rate only for an added by the CAA, further limits the explanation of how the hospital meets individual who, presently, ‘‘has severe a temporary statutory exclusion for the condition that constitutes the wound’’ at the time of their discharge certain discharges from the site neutral request for reclassification, including from the LTCH, and thus payments for payment rate to LTCHs that are ‘‘located data and documentation necessary to patients whose wounds were either in a rural area (as defined in subsection support the request. As provided in healed or no longer severe at the time (d)(2)(D)) or treated as being so located paragraphs (c) and (d) of § 412.103, the of their discharge would be made under pursuant to subsection (d)(8)(E)’’. In RO reviews the application and notifies our existing regulations (that is, they general, section 1886(d)(2)(D) of the Act the hospital of its approval or would receive payment at the site defines the term ‘‘rural area’’ as any area disapproval of the request within 60 neutral payment rate unless they met outside an urban area, which is an area days of the filing date (that is, the date the existing exclusion criteria). We do within a Metropolitan Statistical Area the CMS RO receives the application), not believe that the Congress meant to (MSA) (as defined by the OMB). This and a hospital (that satisfies any of the exclude only discharges where the definition of rural area is consistent criteria set forth § 412.103(a) is patient, at the time of discharge, still with the existing definition of rural area considered as being located in the rural ‘‘has’’ a severe wound from the site under the LTCH PPS set forth at area of the state in which the hospital neutral payment rate while making site § 412.503. Therefore, in this IFC, we are is located as of that filing date (meaning neutral payment rate payments for establishing that ‘‘located in a rural that the hospital would be treated as discharges of patients whose wounds area’’ in section 1886(m)(6)(E)(i)(I)(bb) rural for the purposes of exclusion from healed during the course of their refers to LTCHs which are currently the site neutral payment rate for severe treatment in the LTCH (that is, a patient located in a rural area as defined under wound discharges as of the filing date). who ‘‘had’’ a severe wound as opposed § 412.503. (For information on the For additional information on our to ‘‘has’’ one). Therefore, in order to current labor market area geographic policies for hospitals located in urban resolve this inconsistency, and in classifications used under the LTCH areas and that apply for reclassification accordance with our interpretation of PPS, refer to the FY 2015 IPPS/LTCH as rural under § 412.103, refer to the FY other provisions of the statute, we are PPS final rule (79 FR 50180 through 2001 IPPS/LTCH PPS final rule (65 FR implementing this provision of the 50185).) 47029). statute so that discharges for patients The phrase ‘‘treated as being so For the purposes of implementing who received treatment for a ‘‘severe located pursuant to subsection (d)(8)(E)’’ subparagraph (E) of section 1886(m)(6) wound’’ at the LTCH (as discussed later is internally inconsistent given the of the Act as provided by the CAA, we in this section will meet the criteria for unique nature of LTCHs as a category of are revising our regulations to— exclusion from the site neutral payment Medicare provider. There is currently • ‘‘Borrow’’ the existing rural rate under section 1886(m)(6)(E)(i)(II) of no mechanism which an LTCH may use reclassification process for urban the Act regardless of whether the wound
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was still present and severe at the time number of codes which are used to LTCHs which can qualify for this of discharge. identify wounds and infections are too provision under the statutory criteria Section 1886(m)(6)(E)(ii) of the Act, as numerous to identify in an exhaustive (that is, grandfathered HwHs that are added by the CAA, defines a ‘‘severe list. Furthermore, the presence of codes located in a rural area or reclassify as wound’’ as ‘‘a stage 3 wound, stage 4 for infection (or morbid obesity) and rural, as previously described in this wound, unstageable wound, non- wound on the claim do not in and of IFC), the ability to identify the other healing surgical wound, infected themselves demonstrate that the statutory categories of severe wounds, wound, fistula, osteomyelitis or wound discharge was for a ‘‘severe wound.’’ In and the limited timeframe of the with morbid obesity as identified in the other words, the ICD–10 diagnosis codes exception, we expect the number of claim from the long-term care hospital.’’ for infection (or morbid obesity) and claims necessitating the use of this To implement this statutory definition, wound do provide any information on payer-only condition code will be in consultation with our medical the severity of such diagnosis, that is, minimal. officers we are defining a wound as: ‘‘an ICD–10 diagnosis codes do not injury, usually involving division of B. Wage Index for Acute Care Hospitals differentiate between such diagnoses Paid Under the Inpatient Prospective tissue or rupture of the integument or that are ‘‘severe’’ or ‘‘non-severe’’ mucous membrane with exposure to the Payment System (IPPS): Criteria for an wounds. Because we cannot specify Individual Hospital Seeking external environment’’. In this IFC, we ICD–10 diagnosis codes to identify are also establishing that ‘‘as identified Redesignation to Another Area wounds in these categories, for the (§ 412.103) in the claim’’ means ‘‘identified based purposes of this provision we are on the ICD–10 diagnosis codes on the defining a ‘‘wound with morbid Our current policy limits certain claim where— redesignations in order to preclude • obesity’’ as ‘‘a wound in those with The ICD–10 diagnosis codes contain morbid obesity that require complex, hospitals from obtaining urban to rural sufficient specificity for this purpose; or reclassification under § 412.103, and • continuing care including local wound Through the use of a payer-specific care occurring multiple times a day’’ then using that obtained rural status to condition code where the ICD–10 and we are defining an ‘‘infected receive an additional reclassification diagnosis codes lack sufficient wound’’ as ‘‘a wound with infection through the MGCRB. We refer readers to specificity for this purpose’’. requiring complex, continuing care § 412.230(a)(5)(iii), which states that an For six of the eight statutory including local wound care occurring urban hospital that has been granted categories included in the definition of redesignation as rural under § 412.103 multiple times a day.’’ ‘‘severe wound’’ (stage 3 wound, stage 4 cannot receive an additional wound, unstageable wound, non- In order to operationalize these reclassification by the MGCRB based on healing surgical wound, fistula, and definitions in the absence of ICD–10 this acquired rural status for a year in osteomyelitis), we believe severe diagnosis codes, we will utilize ‘‘payer- which such redesignation is in effect. In wounds can be identified through the only’’ condition codes. These payer- other words, § 412.230(a)(5)(iii) use of specific ICD–10 codes which are only condition codes are a type of prohibits a hospital from reported in the LTCH claim. The list of condition code (which are currently simultaneously receiving an urban to ICD–10 diagnosis codes that we will to reported on claims) issued by the rural reclassification under § 412.103 use to identify severe wounds for this National Uniform Billing Committee and a reclassification under the MGCRB. group of the six statutory categories can (NUBC), which is the governing body On July 23, 2015 the Court of Appeals be found in the table ‘‘Severe Wound for forms and codes used in medical for the Third Circuit issued a decision Diagnosis Codes by Category for claims billing for hospitals and other in Geisinger Community Medical Center Implementation of Section 231 of Public institutional providers. In this IFC, we v. Secretary, United States Department Law 114–113’’ posted on the CMS Web are establishing that if an LTCH has a of Health and Human Services, 794 F.3d site at https://www.cms.gov/Medicare/ discharge meeting our definition of 383 (3d Cir. 2015). Geisinger Medicare-Fee-for-Service-Payment/ ‘‘wound with morbid obesity’’ or Community Medical Center LongTermCareHospitalPPS/index.html ‘‘infected wound’’ the LTCH would (‘‘Geisinger’’), a hospital located in a under the regulation ‘‘CMS–1664–IFC’’. inform its MAC, and the MAC will then geographically urban Core-Based Our medical officers compiled this list place the designated payer-only Statistical Area (CBSA), obtained rural of codes by reviewing ICD–10 diagnosis condition code on the claim for status under § 412.103, but was unable codes for the statutorily enumerated processing. The presence of the to receive additional reclassification categories of severe wounds and designated payer-only condition code through the MGCRB while still selected those codes for diagnoses on the claim for qualifying maintaining its rural status under which met our definition of ‘‘wound’’ grandfathered HwH LTCHs will § 412.230(a)(5)(iii). To receive (previously stated in this IFC). We note generate a standard federal payment rate reclassification through the MGCRB that under our definition of wound, the payment for the claim (that is, exclusion under existing regulations, Geisinger ICD–10 diagnosis codes used to identify from the site neutral payment rate) would have had to first cancel its severe wounds in the osteomyelitis consistent with this statutory provision. § 412.103 urban-to-rural reclassification category are also part of the ICD–10 We intend to issue additional and use the proximity requirements for diagnosis codes used to identify severe operational instructions regarding the an urban hospital rather than take wounds in the fistula category so no use of the designated payer-only advantage of the broader proximity separate identification of ICD–10 codes condition code. We note that while the requirements for reclassification granted for osteomyelitis is necessary. use of this payer-only condition code is to rural hospitals. (We refer readers to The remaining two statutory the most expedient operational method § 412.230(b)(1), which states that a categories included in the definition of we have of implementing the statutory hospital demonstrates a close proximity ‘‘severe wound’’ (infected wound and definition in the time frame allowed, the with the area to which it seeks wound with morbid obesity) lack ICD– continued use of a payer-only condition redesignation if the distance from the 10 diagnosis codes with sufficient code may not be feasible if the scope of hospital to the area is no more than 15 specificity to identify the presence of a this provision is expanded. Given the miles for an urban hospital and no more ‘‘severe wound’’. This is because the current limitations on the number of than 35 miles for a rural hospital.)
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Geisinger challenged as unlawful the and is then approved for reclassification reclassification is approved for an regulation at § 412.230(a)(5)(iii) under § 412.103 would not lose its additional reclassification through the requiring cancelation of its rural MGCRB reclassification; that is, a MGCRB process, and the hospital reclassification prior to applying for hospital with an active MGCRB accepts its MGCRB reclassification, the reclassification through the MGCRB. In reclassification can simultaneously CBSA to which the hospital is Geisinger Community Medical Center v. maintain rural status under § 412.103, reclassified under the MGCRB Burwell, 73 F. Supp.3d 507 (M.D. Pa. and receive a reclassified urban wage prescribes the area wage index that the 2014), the United States District Court index during the years of its active hospital would receive; the hospital for the Middle District of Pennsylvania MGCRB reclassification and would still would not receive the wage index upheld the regulation at be considered rural under section associated with the rural area to which § 412.230(a)(5)(iii) and granted summary 1886(d) of the Act and for other the hospital is reclassified under judgment in favor of CMS. The Court of purposes. We would also apply the § 412.103. That is, for wage index Appeals for the Third Circuit reversed policy in this IFC when deciding timely calculation and payment purposes, the decision of the District Court, appeals before the Administrator under when there is both a § 412.103 holding that the language of section § 412.278 for FY 2017 that were denied reclassification and an MGCRB 1886(d)(8)(E)(i) of the Act is by the MGCRB due to existing reclassification, the MGCRB unambiguous in its plain intent that § 412.230(a)(5)(ii) and (iii), which do not reclassification would control for wage ‘‘the Secretary shall treat the hospital as permit simultaneous § 412.103 and index calculation and payment being located in the rural area,’’ MGCRB reclassifications. purposes. Therefore, although we are inclusive of MGCRB reclassification Apart from the direct impact on amending our policy with this IFC so purposes, thus invalidating the reclassifying hospitals previously that a hospital can simultaneously have regulation at § 412.230(a)(5)(iii). On discussed in this section, we also a reclassification under the MGCRB and February 4, 2016, the Court of Appeals considered how to treat the wage data an urban to rural reclassification under for the Second Circuit issued its of hospitals that maintain simultaneous § 412.103, we are separately clarifying decision in Lawrence + Memorial reclassifications under both the that we will exclude hospitals with Hospital v. Burwell, No. 15–164, 2016 § 412.103 and MGCRB processes. Under § 412.103 reclassifications from the WL 423702 (2d Cir. February 4, 2016), current wage index calculation calculation of the reclassified rural wage essentially following the reasoning of procedures, the wage data for a hospital index if they also have an active the Third Circuit Geisinger decision. geographically located in an urban area MGCRB reclassification to another area. While these decisions currently apply with a § 412.103 reclassification is In these circumstances, we believe it is only to hospitals located within the included in the wage index for its home appropriate to rely on the urban MGCRB jurisdictions of the Second and Third geographic area. It is also included in its reclassification to include the hospital’s Circuits, we believe that maintaining the state rural wage index, if including wage wage data in the calculation of the regulations at § 412.230(a)(5)(iii) in data for hospitals with rural urban CBSA wage index. Further, we other places nationally would constitute reclassification raises the state’s rural believe it is appropriate to rely on the inconsistent application of floor. In addition, the wage data for a urban MGCRB reclassification to ensure reclassification policy based on hospital located in an urban area, and that the hospital be paid based on its jurisdictional regions. In the interest of that is approved by the MGCRB to urban MGCRB wage index. While rural creating a uniform national reclassify to another urban area (or reclassification confers other rural reclassification policy, we are removing another state’s rural area), would be benefits besides the wage index under the regulation text at § 412.230(a)(5)(iii). included in its home area wage index section 1886(d) of the Act, a hospital We are also revising the regulation text calculation, and in the calculation for that chooses to pursue reclassification at § 412.230(a)(5)(ii) to allow more than the reclassified ‘‘attaching’’ area. We under the MGCRB (while also one reclassification for those hospitals refer readers to the FY 2012 IPPS final maintaining a rural reclassification redesignated as rural under § 412.103 rule (76 FR 59595 through 59596) for a under § 412.103) would do so solely for and—simultaneously seeking full discussion of the effect of wage index payment purposes. reclassification through the MGCRB. reclassification on wage index As previously stated, for wage index Specifically, we are revising calculations. Furthermore, as discussed calculation and payment purposes, § 412.230(a)(5)(ii) to state that a hospital in the FY 2007 IPPS final rule (71 FR when there is both a § 412.103 may not be redesignated to more than 48020 through 48022), hospitals reclassification and an MGCRB one area, except for an urban hospital currently cannot simultaneously reclassification, the MGCRB that has been granted redesignation as maintain more than one wage index reclassification would control for wage rural under § 412.103 and receives an status (for example, a hospital cannot index calculation and payment additional reclassification by the simultaneously maintain a § 412.103 purposes. That is, if an application for MGCRB. Therefore, effective for rural reclassification and an MGCRB urban reclassification through the reclassification applications due to the reclassification, nor can a hospital MGCRB is approved, and is not MGCRB on September 1, 2016, for receive an outmigration adjustment withdrawn or terminated by the hospital reclassification first effective for FY while also maintaining MGCRB or Lugar within the established timelines, we 2018, a hospital could apply for a status). However, as a consequence of would consider, as is current practice, reclassification under the MGCRB while the court decisions previously the hospital’s geographic CBSA and the still being reclassified from urban to discussed, we are revising our current urban CBSA to which the hospital is rural under § 412.103. Such hospitals regulations and creating a rule that reclassified under the MGCRB for the would be eligible to use distance and would apply to all hospitals nationally, wage index calculation. The hospital’s average hourly wage criteria designated regarding the treatment of the wage data geographic CBSA and reclassified CBSA for rural hospitals at § 412.230(b)(1) and of hospitals that have both a § 412.103 would be reflected accordingly in (d)(1). In addition, effective with the reclassification and an MGCRB Tables 2 and 3 of the annual IPPS/LTCH display date of this IFC, a hospital that reclassification. Under this IFC, if a PPS proposed and final rules. (We note has an active MGCRB reclassification hospital with a § 412.103 that these tables are referenced in the
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IPPS/LTCH proposed and final rules APA and section 1871(e)(1)(B)(i) of the comment rulemaking cycle and waiving and are available only through the Act, we ordinarily provide a delay in the 60-day delay of effective date will Internet on the CMS Web site.) the effective date of a substantive rule. ensure a uniform national However, in the absence of an active For substantive rules that constitute reclassification policy, since this policy MGCRB reclassification, if the hospital major rules, in accordance with 5 U.S.C. has already been effective as of July 23, has an active § 412.103 reclassification, 801, we ordinarily provide a 60-day 2015 in the Third Circuit and February CMS would treat the hospital as rural delay in the effective date. None of the 4, 2016 in the Second Circuit. Absent under § 412.103 reclassification for IPPS processes or effective date requirements such a policy, the wage index for acute payment and other purposes, including apply, however, when the rule in care hospitals paid under the IPPS will purposes of calculating the wage indices question is interpretive, a general remain confusingly inconsistent across reflected in Tables 2 and 3 of the annual statement of policy, or a rule of agency jurisdictions. Therefore, we find good IPPS/LTCH PPS proposed and final organization, procedure, or practice. cause to waive the notice of proposed rules. They also do not apply when the statute rulemaking as well as the 60-day delay In summary, for reclassifications establishes rules to be applied, leaving of effective date and to issue this final effective beginning FY 2018, a hospital no discretion or gaps for an agency to rule on an interim basis. Even though could acquire rural status under fill in through rulemaking. Furthermore, we are waiving notice of proposed § 412.103 and subsequently apply for a an agency may waive notice-and- rulemaking requirements and are reclassification under the MGCRB using comment rulemaking, as well as any issuing these provisions on an interim distance and average hourly wage delay in effective date, when the agency basis, we are providing a 60-day public criteria designated for rural hospitals. finds good cause that a notice and comment period. Additionally, effective with the display public comment on the rule as well the IV. Collection of Information date of this IFC, a hospital with an effective date delay are impracticable, Requirements active MGCRB reclassification could unnecessary, or contrary to the public also acquire rural status under § 412.103 interest and incorporates a statement of Under the Paperwork Reduction Act for IPPS payment and other purposes. the finding and its reasons in the rule of 1995 (the PRA), federal agencies are We would also apply the policy in this issued. required to publish notice in the IFC when deciding timely appeals For the LTCH wound care exception, Federal Register concerning each before the Administrator under we find notice-and-comment proposed collection of information. § 412.278 for FY 2017 that were denied rulemaking and a delay in the effective Interested persons are invited to send by the MGCRB due to existing date to be both unnecessary as well as comments regarding our burden § 412.230(a)(5)(ii) and (iii), which do not impracticable and contrary to public estimates or any other aspect of this permit simultaneous § 412.103 and interest. Section 231 of CAA requires collection of information, including any MGCRB reclassifications. When there is the implementation of the LTCH wound of the following subjects: (1) The both an MGCRB reclassification and a care exception, limiting any discretion necessity and utility of the proposed § 412.103 reclassification, the MGCRB we might otherwise have, thereby information collection for the proper reclassification would control for wage making procedure unnecessary. In performance of the agency’s functions; index calculation and payment addition, given the statutory expiration (2) the accuracy of the estimated purposes. For a discussion regarding of the provisions of section 231 of CAA burden; (3) ways to enhance the quality, budget neutrality adjustments for FY on January 1, 2017 due to a utility, and clarity of the information to 2017 and subsequent years for hospitals congressionally imposed deadline, be collected; and (4) the use of that have a reclassification under notice-and-comment and the resulting automated collection techniques or § 412.103 and an MGCRB delay would significantly limit the set of other forms of information technology to reclassification, we refer readers to the discharges to which the statute would minimize the information collection FY 2017 IPPS/LTCH proposed rule. apply. By implementing the statute burden. Also, we intend to issue instructions to through an IFC rather than through the However, we are requesting an explain the revisions of the regulation normal notice-and-comment rulemaking emergency review of the information text at § 412.230(a)(5)(ii) and the cycle and waiving the 60-day delay of collection referenced later in this removal of the regulation text at effective date, we are ensuring the section. In compliance with the § 412.230(a)(5)(iii) to ensure that MACs period of relief granted is consistent requirement of section 3506(c)(2)(A) of properly update the Provider Specific with our interpretation of the statute. the PRA, we have submitted the File (PSF) in the instance where a We find, on these bases, that there is following for emergency review to the hospital would have a simultaneous good cause to waive notice and Office of Management and Budget reclassification to an urban area under comment and the delay in effective date (OMB). We are requesting an emergency the MGCRB and to a rural area under that would otherwise be required by the review and approval under 5 CFR § 412.103. provisions previously cited in this 1320.13(a)(2)(i) of the implementing section. regulations of the PRA in order to III. Waiver of Proposed Rulemaking In the case of the portion of this IFC implement Section 231 of the CAA as and Delay in Effective Date regarding the wage index for acute care expeditiously as possible. Public harm We ordinarily publish a notice of hospitals paid under the IPPS, we find is reasonably likely to ensue if the proposed rulemaking in the Federal good cause for waiving notice-and- normal clearance procedures are Register and invite public comment on comment rulemaking and a delay in followed since the approval of this the proposed rule. The notice of effective date given the decisions of the information collection is essential to proposed rulemaking includes a courts of appeals and the public interest ensuring that otherwise qualifying reference to the legal authority under in consistent application of a Federal grandfathered urban HWHs are not which the rule is proposed, and the policy nationwide. Revising the unduly delayed in attempting to obtain terms and substances of the proposed regulation text at § 412.230(a)(5)(ii) and the temporary exception by applying to rule or a description of the subjects and removing the regulation text at be treated as rural before the temporary issues involved. In addition, in § 412.230(a)(5)(iii) through an IFC rather exception expires on December 31, accordance with section 553(d) of the than through the normal notice-and- 2016.
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For the purposes of implementing this temporary provision (that is, comments electronically as specified in subparagraph (E) of section 1886(m)(6) December 31, 2016). the ADDRESSES section of this interim of the Act as provided by the CAA, we We estimate that each application will final rule with comment period. are revising our regulations at require 2.5 hours of work from each V. Regulatory Impact Analysis § 412.522(b)(2)(ii)(B)(2) to utilize the LTCH (0.5 hours to fill out the same administrative mechanisms used application and 2 hours of We have examined the impact of this in the existing rural reclassification recordkeeping). Based on the current rule as required by Executive Order process for urban subsection (d) information we have received from the 12866 on Regulatory Planning and hospitals under § 412.103, described MACs, out of the approximately 120 Review (September 30, 1993), Executive later in this section. We also will allow current LTCHs that existed in 1995, Order 13563 on Improving Regulation grandfathered LTCH HwHs (previously which is a necessary but not sufficient and Regulatory Review (January 18, defined in this IFC) to apply to their RO condition to be a grandfathered HWH, 2011), the Regulatory Flexibility Act for treatment as being located in a rural there are approximately 5 hospitals that (RFA) (September 19, 1980, Pub. L. 96– area for the sole purpose of qualifying currently meet the criteria of being a 354), section 1102(b) of the Social for this temporary exclusion from the grandfathered HWH and would not be Security Act, section 202 of the application of the site neutral payment precluded from submitting an Unfunded Mandates Reform Act of 1995 rate. application. We note that as the MACs (March 22, 1995, Pub. L. 104–4), For urban subsection (d) hospitals, continue to update the list of Executive Order 13132 on Federalism and now temporarily LTCHs, we grandfathered HWH that the number of (August 4, 1999) and the Congressional implemented the rural reclassification potential applicants could increase. Review Act (5 U.S.C. 804(2)). provision in the regulations at Since it is possible that the number of Executive Orders 12866 and 13563 § 412.103. In general, the provisions of applicants could rise to 10 or more, in direct agencies to assess all costs and § 412.103 provides that a hospital that is an abundance of caution, we treating benefits of available regulatory located in an urban area may be this information collection as being alternatives and, if regulation is reclassified as a rural hospital if it subject to the PRA. Therefore, we necessary, to select regulatory submits an application in accordance estimate that the aggregate number of approaches that maximize net benefits with our established criteria. It must hours associated with this request (including potential economic, also meet certain conditions which across all currently estimated eligible environmental, public health and safety include the hospital being located in a hospitals will be 12.5 (2.5 hours per effects, distributive impacts, and rural census tract of a MSA or that the hospital for 5 hospitals). We estimate a equity). Executive Order 13563 hospital is located in an area designated current, average salary of $29 per hour emphasizes the importance of by any law or regulation of the state as (based on the ‘‘2015 Median usual quantifying both costs and benefits, of a rural area or the hospital is designated weekly earnings (second quartile), reducing costs, of harmonizing rules, as a rural hospital by state law or Employed full time, Wage and salary and of promoting flexibility. A regulation. Paragraph (b) of § 412.103 workers, Management, professional, and regulatory impact analysis (RIA) must sets forth application requirements for a related occupations’’ from the Current be prepared for major rules with hospital seeking reclassification as rural Population Survey, available here economically significant effects ($100 under that section, which includes a http://www.bls.gov/webapps/legacy/ million or more in any 1 year). We written application mailed to the CMS cpswktab4.htm) plus 100 percent for project that two rural LTCHs would regional office (RO) that contains an fringe benefits ($58 per hour). Therefore, qualify for the temporary exception to explanation of how the hospital meets we estimate the total one-time costs the site neutral payment rate for certain the condition that constitutes the associated with this request will be $725 LTCHs for certain discharges provided request for reclassification, including (12.5 hours × $58 per hour). by section 231 of the CAA, based on the data and documentation necessary to Written comments and best data available at this time. We are support the request. As provided in recommendations from the public will not able to determine which, if any, paragraphs (c) and (d) of § 412.103, the be considered for this emergency LTCHs may be treated as rural in the RO reviews the application and notifies information collection request if future by applying and being approved the hospital of its approval or received by April 28, 2016. We are for a reclassification as rural under the disapproval of the request within 60 requesting OMB review and approval of provisions of § 412.103. Given that days of the filing date, and a hospital this information collection request by LTCHs are generally concentrated in that satisfies any of the criteria set forth May 5, 2016, with a 180-day approval more densely populated areas, we do § 412.103(a) is considered as being period. not expect any LTCHs to qualify under located in the rural area of the state in To obtain copies of a supporting § 412.103. As such, at this time, our which the hospital is located as of that statement and any related forms for the projections related to the temporary filing date. proposed collection(s) summarized in exception to the site neutral payment We note that this policy would only this notice, you may make your request rate for certain LTCHs for certain allow grandfathered LTCH HwHs to using one of following: discharges provided by section 231 of apply for this reclassification, and the 1. Access CMS’ Web site address at the CAA, are limited to LTCHs that are rural treatment would only extend to http://www.cms.hhs.gov/Paperwork geographically located in a rural area. this temporary exception for certain ReductionActof1995. As such, at this time, our projections wound care discharges from the site 2. Email your request, including your related to the temporary exception to neutral payment rate (meaning a address, phone number, OMB number, the site neutral payment rate for certain grandfathered HwH LTCH will not be and CMS document identifier, to LTCHs for certain discharges provided treated as rural for any other reason [email protected]. by section 231 of the CAA, are limited including, but not limited to, the 25 3. Call the Reports Clearance Office at to LTCHs that are geographically located percent policy and wage index). We also (410) 786–1326. in a rural area. Based on the most recent note that the any rural treatment under If you comment on these information data for these two LTCHs, including the § 412.103 for a grandfathered HwH collection and recordkeeping identification of FY 2014 LTCH LTCH will expire at the same time as requirements, please submit your discharges with a ‘‘severe wound’’ we
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estimate the monetary impact of this IFC area under the MGCRB may be able to RFA. MACs are not considered to be with respect to that LTCH PPS provision qualify for a reclassification to a more small entities. Because we acknowledge is approximately a $5 million increase distant urban area with an even higher that many of the potentially affected in aggregate LTCH PPS payments had wage index, this would not increase entities are small entities, the discussion this statutory provision not been aggregate IPPS payments (although the in this section regarding potentially enacted. This does not reach the wage index budget neutrality factor impacted hospitals constitutes our economic threshold and this provision applied to IPPS hospitals could be larger regulatory flexibility analysis. does not cause this IFC to be considered as a result of additional reclassifications In addition, section 1102(b) of the Act a major rule. occurring to higher wage index areas). requires us to prepare a regulatory For the IPPS wage index portion of However, there are other Medicare impact analysis if a rule may have a this IFC, we did not conduct an in- payment provisions potentially significant impact on the operations of depth impact analysis because our impacted by rural status, such as a substantial number of small rural revision to the regulatory text is a payments to disproportionate share hospitals. This analysis must conform to consequence of court decisions. The hospitals (DSHs), and non-Medicare the provisions of section 604 of the Geisinger decision invalidated the payment provisions, such as the 340B RFA. With the exception of hospitals regulation at § 412.230(a)(5)(iii) effective Drug Pricing Program administered by located in certain New England July 23, 2015 for hospitals in states HRSA, under which payments are not counties, for purposes of section 1102(b) within the Third Circuit’s jurisdiction, made in a budget neutral manner. of the Act, we define a small rural and the Lawrence + Memorial decision Additional hospitals acquiring rural hospital as a hospital that is located invalidated the regulation at status under § 412.103 could, therefore, outside a metropolitan statistical area § 412.230(a)(5)(iii) effective February 4, potentially increase Federal and has fewer than 100 beds. Section 2016 for hospitals in states within the expenditures. Nevertheless, taking all of 601(g) of the Social Security Second Circuit’s jurisdiction. That is, these factors into account, we cannot Amendments of 1983 (Pub. L. 98–21) we did not have a choice to maintain accurately determine an impact analysis designated hospitals in certain New the previously uniform regulations at as a result of the Third Circuit’s England counties as belonging to the § 412.230(a)(5)(iii) for hospitals in states decision in Geisinger and the Second adjacent urban area. Thus, for purposes within the Second and Third Circuits. Circuit’s decision in Lawrence + of the IPPS and the LTCH PPS, we Furthermore, we do not believe we Memorial. continue to classify these hospitals as could necessarily estimate the national The RFA also requires agencies to urban hospitals. For the IPPS portion of impact of removing the regulation at analyze options for regulatory relief of this IFC, no geographically rural § 412.230(a)(5)(iii). We note that already small entities if a rule has a significant hospitals are directly affected since only in the FY 2017 IPPS/LTCH proposed impact on a substantial number of small urban hospitals can reclassify to a rural rule, of the 3,586 IPPS hospitals listed entities. For purposes of the RFA, small area under § 412.103. However, we note on wage index Table 2, 867 hospitals entities include small businesses, that with regard to the wage index have an MGCRB reclassification, and 57 nonprofit organizations, and small budget neutrality adjustments applied hospitals have a reclassification to a governmental jurisdictions. We estimate under § 412.64(e)(1)(ii), (e)(2), and (e)(4), rural area under § 412.103. (This table is that most hospitals and most other rural IPPS hospitals would be affected discussed in the FY 2017 IPPS/LTCH providers and suppliers are small to the extent that the reclassification proposed rule and is available on the entities as that term is used in the RFA. budget neutrality adjustment increases, CMS Web site at http://www.cms.gov/ The great majority of hospitals and most but this impact is no different than on Medicare/Medicare-Fee-for-Service- other health care providers and urban IPPS hospitals, as the same Payment/AcuteInpatientPPS/ suppliers are small entities, either by budget neutrality factor is applied to all index.html. Click on the link on the left being nonprofit organizations or by IPPS hospitals. side of the screen titled, ‘‘FY 2017 IPPS meeting the SBA definition of a small The provisions of section 231 of the Proposed Rule Home Page.) We cannot business (having revenues of less than CAA, which we are implementing in estimate how many additional hospitals $7.5 million to $38.5 million in any 1 this IFC, by definition affect rural will elect to apply to the MGCRB by year). (For details on the latest standards LTCHs that qualify, and will result in an September 1, 2016 for reclassification for health care providers, we refer increase in payment for those qualifying beginning FY 2018, and we cannot readers to page 36 of the Table of Small LTCHs’ discharges that meet the predict how many hospitals may elect to Business Size Standards for NAIC 622 definition of a severe wound. However, retain or acquire § 412.103 urban-to- found on the SBA Web site at: https:// as previously discussed in this section, rural reclassification over and above the www.sba.gov/sites/default/files/files/ based on the data currently available, hospitals that have already reclassified. Size_Standards_Table.pdf.) we estimate there are only two LTCHs We also note that under For purposes of the RFA, all hospitals that currently meet the criteria. § 412.64(e)(1)(ii), (e)(2), and (e)(4), and other providers and suppliers are Therefore, we do not believe the increases in the wage index due to considered to be small entities. provision of section 231 of the CAA will reclassification are implemented in a Individuals and states are not included have a significant impact on the budget neutral manner (that is, wage in the definition of a small entity. We operations of a substantial number of index adjustments are made in a manner believe that the provisions of this IFC small rural LTCHs. that ensures that aggregate payments to may have an impact on some small Section 202 of the Unfunded hospitals are unaffected through the entities, but for the reasons previously Mandates Reform Act of 1995 also application of a wage index budget discussed in this IFC, we cannot requires that agencies assess anticipated neutrality adjustment described more conclusively determine the number of costs and benefits before issuing any fully in the FY 2017 IPPS/LTCH such entities impacted. Because we lack rule whose mandates require spending proposed rule). Therefore, as a result of data on individual hospital receipts, we in any 1 year of $100 million in 1995 the Third Circuit’s decision in cannot determine the number of small dollars, updated annually for inflation. Geisinger, even though an urban proprietary LTCHs. Therefore, we are In 2016, that threshold is approximately hospital that may or may not already assuming that all LTCHs are considered $146 million. This IFC will have no have a reclassification to another urban small entities for the purpose of the consequential effect on state, local, or
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tribal governments, nor will it affect additional reclassification by the (B) The discharge is from a long term private sector costs. MGCRB. care hospital that is— Executive Order 13132 establishes * * * * * (1) Described in § 412.23(e)(2)(i) and certain requirements that an agency ■ 3. Section 412.522 is amended by— meets the criteria of § 412.22(f); and must meet when it promulgates a final ■ a. Redesignating paragraphs (b)(1) (2) Located in a rural area (as defined rule that imposes substantial direct introductory text, (b)(1)(i) and (ii), and at § 412.503) or reclassified as rural by requirement costs on state and local (b)(2) and (3) as paragraphs (b)(1)(i) meeting the requirements set forth in governments, preempts state law, or introductory text, (b)(1)(i)(A) and (B), § 412.103. otherwise has Federalism implications. and (b)(1)(ii) and (iii), respectively. * * * * * Since this rule does not impose any ■ b. Adding a paragraph heading for costs on state or local governments, the Dated: April 7, 2016. paragraph (b)(1). Andrew M. Slavitt, requirements of Executive Order 13132 ■ c. Revising the paragraph heading for are not applicable. newly redesignated paragraph (b)(1)(i) Acting Administrator, Centers for Medicare & Medicaid Services. In accordance with the provisions of introductory text. Executive Order 12866, this IFC was ■ d. In newly redesignated paragraph Dated: April 14, 2016. reviewed by the Office of Management (b)(1)(i)(B), by removing the reference Sylvia M. Burwell, and Budget. ‘‘paragraph (b)(2)’’ and adding the Secretary, Department of Health and Human VI. Response to Comments reference ‘‘paragraph (b)(1)(ii)’’ in its Services. place and by removing the reference [FR Doc. 2016–09219 Filed 4–18–16; 4:15 pm] Because of the large number of public ‘‘paragraph (b)(3)’’ and adding the BILLING CODE 4120–01–P comments we normally receive on reference ‘‘paragraph (b)(1)(iii)’’ in its Federal Register documents, we are not place. able to acknowledge or respond to them ■ d. In newly redesignated paragraph individually. We will consider all (b)(1)(ii), by removing the reference DEPARTMENT OF COMMERCE comments we receive by the date and ‘‘paragraph (b)(1)’’ and adding the National Oceanic and Atmospheric time specified in the DATES section of reference ‘‘paragraph (b)(1)(i)’’ in its Administration this preamble, and, when we proceed place. with a subsequent document, we will ■ e. In newly redesignated paragraph 50 CFR Part 635 respond to the comments in the (b)(1)(iii), by removing the reference preamble to that document. ‘‘paragraph (b)(1)’’ and adding the [Docket No. 150121066–5717–02] List of Subjects in 42 CFR Part 412 reference ‘‘paragraph (b)(1)(i)’’ in its place. RIN 0648–XE566 Administrative practice and ■ f. Adding paragraph (b)(2). procedure, Health facilities, Medicare, The revision and additions read as Atlantic Highly Migratory Species; Puerto Rico, Reporting and follows: Atlantic Bluefin Tuna Fisheries recordkeeping requirements. § 412.522 Application of site neutral AGENCY: National Marine Fisheries For the reasons set forth in the payment rate. Service (NMFS), National Oceanic and preamble, the Centers for Medicare & (b) * * * Atmospheric Administration (NOAA), Medicaid Services amends 42 CFR (1) General criteria—(i) Basis and Commerce. chapter IV as follows: scope. *** ACTION: Temporary rule; inseason PART 412—PROSPECTIVE PAYMENT * * * * * Angling category retention limit SYSTEMS FOR INPATIENT HOSPITAL (2) Special criteria—(i) Definitions. adjustment. SERVICES For purposes of this paragraph (b)(2) the following definitions are applicable: SUMMARY: NMFS has determined that ■ 1. The authority for part 412 Severe wound means a wound which the Atlantic bluefin tuna (BFT) daily continues to read as follows: is a stage 3 wound, stage 4 wound, retention limit that applies to vessels unstageable wound, non-healing permitted in the Highly Migratory Authority: Secs. 1102 and 1871 of the Species (HMS) Angling category and the Social Security Act (42 U.S.C. 1302 and surgical wound, infected wound, fistula, 1395hh), sec. 124 of Pub. L. 106–113 (113 osteomyelitis or wound with morbid HMS Charter/Headboat category (when Stat. 1501A–332), sec. 1206 of Pub. L. 113– obesity as identified by the applicable fishing recreationally for BFT) should be 67, and sec. 112 of Pub. L. 113–93. code on the claim from the long-term adjusted for the remainder of 2016, based on consideration of the regulatory ■ 2. Section 412.230 is amended by— care hospital. determination criteria regarding ■ a. Revising paragraph (a)(5)(ii). Wound means an injury, usually inseason adjustments. NMFS is ■ b. Removing paragraph (a)(5)(iii). involving division of tissue or rupture of adjusting the Angling category BFT ■ c. Redesignating paragraph (a)(5)(iv) the integument or mucous membrane daily retention limit to two school BFT as paragraph (a)(5)(iii). with exposure to the external and one large school/small medium BFT The revision reads as follows: environment. (ii) Discharges for severe wounds. A per vessel per day/trip for private § 412.230 Criteria for an individual hospital discharge that occurs on or after April vessels (i.e., those with HMS Angling seeking redesignation to another rural area 21, 2016 and before January 1, 2017 for category permits); and three school BFT or an urban area. a patient that was treated for a severe and one large school/small medium BFT (a) * * * wound that meets the all of following per vessel per day/trip for charter (5) * * * criteria is excluded from the site neutral vessels (i.e., those with HMS Charter/ (ii) A hospital may not be payment rate specified under this Headboat permits when fishing redesignated to more than one area, section: recreationally). These retention limits except for an urban hospital that has (A) The severe wound meets the are effective in all areas, except for the been granted redesignation as rural definition specified in paragraph Gulf of Mexico, where NMFS prohibits under § 412.103 and receives an (b)(2)(i) of this section. targeted fishing for BFT.
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DATES: Effective April 23, 2016 through December 31, 2016. The size classes of to date and the likelihood of closure of December 31, 2016. BFT are summarized in Table 1. Please that segment of the fishery if no FOR FURTHER INFORMATION CONTACT: note that large school and small adjustment is made; the projected Sarah McLaughlin or Brad McHale, medium BFT traditionally have been ability of the vessels fishing under the 978–281–9260. managed as one size class, as described particular category quota to harvest the SUPPLEMENTARY INFORMATION: below, i.e., a limit of one large school/ additional amount of BFT before the Regulations implemented under the small medium BFT (measuring 47 to end of the fishing year; the estimated authority of the Atlantic Tunas less than 73 inches). amounts by which quotas for other gear Convention Act (ATCA; 16 U.S.C. 971 et categories of the fishery might be seq.) and the Magnuson-Stevens Fishery TABLE 1—BFT SIZE CLASSES exceeded; effects of the adjustment on Conservation and Management Act BFT rebuilding and overfishing; effects Size class Curved fork length (Magnuson-Stevens Act; 16 U.S.C. 1801 of the adjustment on accomplishing the et seq.) governing the harvest of BFT by objectives of the fishery management School ...... 27 to less than 47 inches plan; variations in seasonal distribution, persons and vessels subject to U.S. (68.5 to less than 119 abundance, or migration patterns of jurisdiction are found at 50 CFR part cm). BFT; effects of catch rates in one area 635. Section 635.27 subdivides the U.S. Large school ..... 47 to less than 59 inches precluding vessels in another area from BFT quota recommended by the (119 to less than 150 having a reasonable opportunity to International Commission for the cm). harvest a portion of the category’s quota; Conservation of Atlantic Tunas (ICCAT) Small medium ... 59 to less than 73 inches review of dealer reports, daily landing among the various domestic fishing (150 to less than 185 cm). trends, and the availability of the BFT categories, per the allocations Large medium .. 73 to less than 81 inches on the fishing grounds; optimizing established in the 2006 Consolidated (185 to less than 206 fishing opportunity; accounting for dead Highly Migratory Species Fishery cm). discards, facilitating quota monitoring, Management Plan (2006 Consolidated Giant ...... 81 inches or greater (206 supporting other fishing monitoring HMS FMP) (71 FR 58058, October 2, cm or greater). programs through quota allocations and/ 2006), as amended by Amendment 7 to or generation of revenue; and support of Currently, the default Angling the 2006 Consolidated HMS FMP research through quota allocations and/ (Amendment 7) (79 FR 71510, December category daily retention limit of one or generation of revenue. Recreational 2, 2014), and in accordance with school, large school, or small medium retention limits may be adjusted implementing regulations. NMFS is BFT applies (§ 635.23(b)(2)). This separately for specific vessel type, such required under ATCA and the retention limit applies to HMS Angling as private vessels, headboats, or charter Magnuson-Stevens Act to provide U.S. and to HMS Charter/Headboat category vessels. fishing vessels with a reasonable permitted vessels (when fishing NMFS has considered these criteria opportunity to harvest the ICCAT- recreationally for BFT). In 2014 and and their applicability to the Angling recommended quota. 2015, NMFS adjusted the daily retention category BFT retention limit for the As a method for limiting fishing limit from the default level of one remainder of 2016. These considerations mortality on juvenile BFT, ICCAT school, large school, or small medium include, but are not limited to, the recommends a tolerance limit on the BFT to one school BFT and one large following: Regarding the usefulness of annual harvest of BFT measuring less school/small medium BFT for private information obtained from catches in than 115 cm (straight fork length) to no vessels (i.e., those with HMS Angling the particular category for biological more than 10 percent by weight of a category permits); and two school BFT sampling and monitoring of the status of Contracting Party’s total BFT quota over and one large school/small medium BFT the stock, biological samples collected the 2015 and 2016 fishing periods. The for charter vessels (i.e., those with HMS from BFT landed by recreational United States implements this provision Charter/Headboat permits when fishing fishermen continue to provide NMFS by limiting the harvest of school BFT recreationally), effective May 8, 2014, with valuable parts and data for ongoing (measuring 27 to less than 47 inches) as and May 15, 2015, respectively, through scientific studies of BFT age and appropriate to not exceed the 10-percent December 31 each year (79 FR 25707, growth, migration, and reproductive limit over the two-year period. May 6, 2014, and 80 FR27863, May 15, status. Additional opportunity to land The currently codified baseline U.S. 2015). BFT would support the collection of a quota is 1,058.9 mt (not including the 25 Adjustment of Angling Category Daily broad range of data for these studies and mt ICCAT allocated to the United States Retention Limit for stock monitoring purposes. to account for bycatch of BFT in pelagic Another principal consideration in longline fisheries in the Northeast In adjusting the daily retention limit setting the retention limit is the Distant Gear Restricted Area). Among in this action, NMFS considered the objective of providing opportunities to other things, Amendment 7 revised the factors required by regulatory criteria, as harvest the full Angling category quota allocations to all quota categories, discussed in more detail, below. without exceeding it based on the goals effective January 1, 2015. See Under § 635.23(b)(3), NMFS may of the 2006 Consolidated HMS FMP and § 635.27(a). The currently codified increase or decrease the Angling Amendment 7, including to achieve Angling category quota is 195.2 mt category retention limit for any size optimum yield on a continuing basis (108.4 mt for school BFT, 82.3 mt for class of BFT. Any adjustments to and to optimize the ability of all permit large school/small medium BFT, and 4.5 retention limits must be based on categories to harvest their full BFT mt for large medium/giant BFT). consideration of the relevant criteria quota allocations. This retention limit The 2016 BFT fishing year, which is provided under § 635.27(a)(8), which would be consistent with the quotas managed on a calendar-year basis and include: The usefulness of information established and analyzed in the BFT subject to an annual calendar-year obtained from catches in the particular quota final rule (80 FR 52198, August quota, began January 1, 2016. The category for biological sampling and 28, 2015), and with objectives of the Angling category season opened January monitoring of the status of the stock; the 2006 Consolidated HMS FMP and 1, 2016, and continues through catches of the particular category quota amendments, and is not expected to
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negatively impact stock health or to that landings are as consistent as Table 2 summarizes the recreational affect the stock in ways not already possible with the pattern of fishing quota, subquotas, and landings analyzed in those documents. It is also mortality (e.g., fish caught at each age) information for 2014 and 2015 under important that NMFS limit landings to that was assumed in the projections of the Angling category limits in effect for BFT subquotas both to adhere to the stock rebuilding. 2014 and 2015 (described above). FMP quota allocations and to ensure
TABLE 2—ANGLING CATEGORY QUOTA, SUBQUOTAS, AND LANDINGS FOR 2014 AND 2015
2014 2015 Amount of Amount of Quota and quota and Quota and quota and subquotas Landings subquotas subquotas Landings subquotas (mt) (mt) used (mt) (mt) used (%) (%)
Angling category ...... 182 107.4 59 195.2 113.1 58 School ...... 94.9 24.7 26 108.4 26.2 24 Large School/Small Medium ...... 82.9 77.6 94 82.3 80.2 97 Large Medium/Giant (Trophy) ...... 4.2 5.1 113 4.5 6.7 149
The 2015 school BFT landings trip when fishing recreationally for BFT NMFS will monitor 2016 landings represent 2.4 percent of the total U.S. (i.e., three BFT measuring 27 to less closely and will make further BFT quota for 2015, well under the than 47 inches, and one BFT measuring adjustments, including closure if ICCAT recommended 10-percent limit. 47 to less than 73 inches). These necessary, with an inseason action if Landings of school BFT in 2014, under retention limits are effective in all areas, warranted. the same adjusted limits, represented except for the Gulf of Mexico, where Monitoring and Reporting 2.6 percent of the total U.S. BFT quota NMFS prohibits targeted fishing for for 2014. Given that the Angling BFT. Regardless of the duration of a NMFS will continue to monitor the category landings fell short of the fishing trip (e.g., whether a vessel takes BFT fisheries closely through the available quota and based on the a two-day trip or makes two trips in one mandatory landings and catch reports. considerations of the regulatory criteria day), no more than a single day’s General, HMS Charter/Headboat, as described above, NMFS has retention limit may be possessed, Harpoon, and Angling category vessel determined that the Angling category retained, or landed. owners are required to report the catch retention limit applicable to participants NMFS anticipates that the BFT daily of all BFT retained or discarded dead, on HMS Angling and HMS Charter/ retention limits in this action will result within 24 hours of the landing(s) or end Headboat category permitted vessels in landings during 2016 that would not of each trip, by accessing should be adjusted upwards from the exceed the available subquotas. Lower hmspermits.noaa.gov. default level. NMFS has also concluded retention limits could result in HMS Angling and HMS Charter/ that implementation of separate limits substantial underharvest of the codified Headboat category permit holders may for private and charter/headboat vessels Angling category subquota, and catch and release (or tag and release) remains appropriate, recognizing the increasing the daily limits further may BFT of all sizes, subject to the different nature, socio-economic needs, risk exceeding the available quota, requirements of the catch-and-release and recent landings results of the two contrary to the objectives of the 2006 and tag-and-release programs at components of the recreational BFT Consolidated HMS FMP, as amended. § 635.26. Anglers are also reminded that fishery. For example, charter operators NMFS has concluded that increasing the all BFT that are released must be historically have indicated that a multi- school BFT retention limit for private handled in a manner that will maximize fish retention limit is vital to their and charter vessels relative to the survival, and without removing the fish ability to attract customers. In addition, adjusted limits for 2015 is possible from the water, consistent with Large Pelagics Survey estimates indicate without exceeding the annual school requirements at § 635.21(a)(1). For that charter/headboat BFT landings BFT subquota, given that the 2015 additional information on safe handling, averaged approximately 30 percent of Angling category landings represented see the ‘‘Careful Catch and Release’’ recent recreational landings for 2014 58 percent of the codified Angling brochure available at through 2015, with the remaining 70 category quota and that school BFT www.nmfs.noaa.gov/sfa/hms/. percent landed by private vessels. landings represented 24 percent of the Depending on the level of fishing Therefore, for private vessels (i.e., school BFT subquota. NMFS has also effort and catch rates of BFT, NMFS those with HMS Angling category considered that 2016 is the second year may determine that additional retention permits), this action adjusts the limit of the two-year balancing period, over limit adjustments or closures are upwards to two school BFT and one which the 10-percent tolerance limit on necessary to ensure available quota is large school/small medium BFT per school BFT applies. NMFS is not setting not exceeded or to enhance scientific vessel per day/trip (i.e., two BFT higher school BFT limit for private and data collection from, and fishing measuring 27 to less than 47 inches, and charter vessels due to the potential risk opportunities in, all geographic areas. one BFT measuring 47 to less than 73 of exceeding the ICCAT tolerance limit Subsequent actions, if any, will be inches). For charter vessels (i.e., those on school BFT and other considerations, published in the Federal Register. In with HMS Charter/Headboat permits), such as potential effort shifts to BFT addition, fishermen may call the this action adjusts the limit upwards to fishing as a result of current, reduced Atlantic Tunas Information Line at (978) three school BFT and one large school/ recreational retention limits for New 281–9260, or access small medium BFT per vessel per day/ England groundfish and striped bass. hmspermits.noaa.gov, for updates on
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quota monitoring and inseason warranted to allow fishermen to take Register, emailing individuals who have adjustments. advantage of the availability of fish and subscribed to the Atlantic HMS News electronic newsletter, and updating the Classification of quota. Fisheries under the Angling category information posted on the Atlantic The Assistant Administrator for Tunas Information Line and on NMFS (AA) finds that it is impracticable daily retention limit are currently underway and thus prior notice would hmspermits.noaa.gov. Therefore, the AA and contrary to the public interest to finds good cause under 5 U.S.C. provide prior notice of, and an be contrary to the public interest. Delays in increasing daily recreational BFT 553(b)(B) to waive prior notice and the opportunity for public comment on, this opportunity for public comment. For all action for the following reasons: retention limit would adversely affect those HMS Angling and Charter/ of the above reasons, there is good cause Prior notice is impracticable because under 5 U.S.C. 553(d) to waive the 30- Headboat category vessels that would the regulations implementing the 2006 day delay in effectiveness. Consolidated HMS FMP, as amended, otherwise have an opportunity to provide for inseason retention limit harvest more than the default retention This action is being taken under adjustments to respond to the limit of one school, large school, or § 635.23(b)(3), and is exempt from unpredictable nature of BFT availability small medium BFT per day/trip and review under Executive Order 12866. on the fishing grounds, the migratory may exacerbate the problem of low Authority: 16 U.S.C. 971 et seq. and 1801 nature of this species, and the regional catch rates and quota rollovers. Analysis et seq. variations in the BFT fishery. Based on of available data shows that adjustment Dated: April 18, 2016. available BFT quotas, fishery to the BFT daily retention limit from the performance in recent years, and the default level would result in minimal Emily H. Menashes, availability of BFT on the fishing risks of exceeding the ICCAT-allocated Acting Director, Office of Sustainable grounds, immediate adjustment to the quota. NMFS provides notification of Fisheries, National Marine Fisheries Service. Angling category BFT daily retention retention limit adjustments by [FR Doc. 2016–09283 Filed 4–20–16; 8:45 am] limit from the default levels is publishing the notice in the Federal BILLING CODE 3510–22–P
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Proposed Rules Federal Register Vol. 81, No. 77
Thursday, April 21, 2016
This section of the FEDERAL REGISTER initial rule, such as automated specific ‘‘need-to-know’’, can access contains notices to the public of the proposed information sharing. PCII and use it only for homeland issuance of rules and regulations. The DATES: Written comments must be security purposes. In accordance with purpose of these notices is to give interested submitted on or before July 20, 2016. the CII Act of 2002, on September 1, persons an opportunity to participate in the 2006, DHS issued the PCII Program rule making prior to the adoption of the final ADDRESSES: You may submit comments, rules. identified by one of the following Final Rule (71 FR 52271, codified at 6 methods: CFR part 29). This rule established • Federal eRulemaking Portal: http:// procedures that govern the receipt, DEPARTMENT OF HOMELAND www.regulations.gov. Follow the validation, handling, storage, marking, SECURITY instructions for submitting comments. and use of critical infrastructure • Mail:—U.S. Department of information voluntarily submitted to Office of the Secretary Homeland Security, National Protection DHS. The procedures are applicable to and Programs Directorate, Office of all Federal, State, local, tribal, and 6 CFR Part 29 Infrastructure Protection, Infrastructure territorial government agencies and contractors that have access to, handle, RIN 1601–AA77 Information Collection Division, 245 Murray Lane SW., Mail Stop 0602, use, or store critical infrastructure Updates to Protected Critical Washington, DC 20528–0602. information that enjoys protection Infrastructure Information Program under the CII Act of 2002. FOR FURTHER INFORMATION CONTACT: After 10 years of operation, changes Emily R. Hickey, Deputy Program AGENCY: National Protection and are needed to transition the managing of Manager, by phone at (703) 235–9522 or Programs Directorate, DHS. submissions, access, use, dissemination by mail at Protected Critical and safeguarding of PCII to state of the ACTION: Advance notice of proposed Infrastructure Information Program, rulemaking. art technology that operates within an Office of Infrastructure Protection, electronic environment. Throughout SUMMARY: The Department of Homeland Infrastructure Information Collection this ANPRM DHS discusses and seeks Security (DHS) proposes to update its Division, 245 Murray Lane SW., Mail comment on the economic impact of procedures for accepting Critical Stop 0602, Washington, DC 20528– transitioning the PCII Program to a Infrastructure Information (CII) as a step 0602. preferred electronic environment that: towards meeting the challenges of SUPPLEMENTARY INFORMATION: (1) Enhances the submission and evolving technology and identifying validation process for critical Abbreviations and Terms Used in This ways to make the PCII Program’s infrastructure information, (2) uses state Document protective measures more effective for of the art technology for an automated information-sharing partnerships ANPRM—Advance Notice of Proposed interface for quicker access and between the government and the private Rulemaking dissemination of PCII, (3) modifies sector. The Critical Infrastructure CFR—Code of Federal Regulations requirements for the express and Information Act of 2002 authorizes DHS CII—Critical Infrastructure Information certification statements; (4) expands the CII Act of 2002—Critical Infrastructure to establish a program to accept Information Act of 2002 use of categorical inclusions; (5) information relating to critical DHS—Department of Homeland Security requires portion marking of PCII; and (6) infrastructure voluntarily submitted PCII—Protected Critical Infrastructure implements specific methods to capture from the public, owners and operators Information and deliver metadata to the PCII of critical infrastructure, and State, Program. local, tribal, and territorial I. Background This ANPRM also seeks comment on governmental entities, while limiting The Department of Homeland proposals to revise the overall approach public disclosure of that sensitive Security receives sensitive information for: (1) Automated submissions and an information under the Freedom of about the nation’s critical infrastructure expansion of categorical inclusions, (2) Information Act and other laws, rules, through its congressionally-mandated marking PCII, (3) sharing PCII with and processes. To implement this PCII Program. The PCII Program foreign governments, (4) regulatory authority, DHS issued the ‘‘Procedures provides a secure environment for the access, (5) safeguarding, (6) oversight for Handling Critical Infrastructure private sector, government analysts, and and compliance, (7) alignment with Information’’ Final Rule in 2006. This other subject matter experts to share other information protection programs, Advance Notice of Proposed information that is vital to addressing and (8) the administration of PCII at the Rulemaking (ANPRM) provides an concerns across all critical State, local, tribal, and territorial level. opportunity for DHS to hear and infrastructure sectors. The Critical The CII Act of 2002 requires that all consider, during the development of Infrastructure Information Act of 2002 voluntary submissions (physical and new regulations to update DHS’s PCII (Sections 211–215, Title II, Subtitle B of electronic) of CII, for which protection program, the views of the private and the Homeland Security Act of 2002, is requested, are submitted to DHS, public sector, and other interested Pub. L. 107–296) (CII Act of 2002) directly or indirectly, include an members of the public on their established the PCII Program, which ‘‘express statement’’ and a ‘‘certification recommendations for program assures owners and operators that the statement’’ with each submission. The modifications, particularly subject information they voluntarily submit is ‘‘express statement’’ informs the PCII matter areas that have developed protected from public disclosure. Only Program Office that the information in significantly since the issuance of the trained PCII Authorized Users, with a question is being voluntarily submitted
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to the Federal government in physical or cyber, are considered so contractors who would receive the expectation of protection from vital to the United States that their training; topics covered; any retraining disclosure as provided by the provisions degradation, incapacitation or necessary; and the training costs if of the CII Act of 2002. The ‘‘certification destruction would have a debilitating conducted by a third-party vendor or in- statement’’ includes the submitter’s effect on security, national economic house trainer. DHS invites comment on contact information and certifies that security, national public health or the time and level of expertise required the information in question is not safety, or any combination thereof. to implement commenter suggestions, customarily in the public domain and is As the PCII Program continues to even if dollar-cost estimates are not not being submitted in lieu of expand throughout the nation, the PCII available. complying with a regulatory Program Office has to extend its efforts DHS requests that commenters requirement. This ANPRM seeks to perform effective oversight and discuss economic impacts concerning comments on automating the compliance, accurate identification of the transition of the PCII Program to a submission process so that the PCII in a variety of materials, access and preferred electronic environment. In transition to a preferred electronic safeguarding of PCII, statistical addressing the transition from the paper environment captures the ‘‘express reporting, and the tracking of PCII environment to the electronic statement’’ and ‘‘certification statement’’ shared and disseminated within the environment, DHS encourages in an efficient manner. critical infrastructure community. interested parties to provide specific Additionally, the ANPRM seeks data that documents the potential costs comments on expanding submissions of II. Written Comments of transforming the PCII Program to an CII through categorical inclusions and A. In General electronic environment. DHS is seeking developing a consistent method for information on potential quantifiable collecting the metadata on those This ANPRM provides an opportunity benefits including security and societal categorical inclusions. ‘‘Categorical for DHS to hear and consider the views benefits of the transition and cost data inclusions’’ are a means of creating a of owners and operators of critical on the potential impact of the transition class of presumptively valid infrastructure and other interested and how a preferred electronic information, thus expediting the process members of the public on their environment could impact the number of acceptance as PCII. The PCII Program recommendations for PCII Program of voluntary submittals. In particular, Manager has the discretion to declare modifications and improvements. DHS is seeking comment on how many certain subject matter or types of DHS invites interested persons to potential submitters would not have information categorically protected as submit written comments, data, or access to the internet and any costs PCII and to set procedures for the views on how the current PCII Program relating to expenses associated with receipt and processing of that regulations, codified at 6 CFR part 29, obtaining internet access for those information. CII submitted within a ‘‘Procedures for Handling Critical entities without such access. This could categorical inclusion will be considered Infrastructure Information,’’ might be include internet fees and any costs for validated upon receipt by the PCII improved. Comments that would be applicable software and training that Program Office or any of the Designees most helpful to DHS include the would be necessary to facilitate without further review, provided the questions and answers identified in Part electronic submission of critical submitter includes an ‘‘express III of this document. Please explain the infrastructure information for protection statement’’ and the PCII Program reason for any comments with available as PCII or travel costs (time and mileage Manager has pre-validated that type of data, and include other information or costs) needed to acquire a location with information as PCII. The PCII Program authority that supports such comments. internet access. Commenters might also Manager must appoint a Designee before DHS encourages interested parties to address how DHS can best obtain and an entity can establish a categorical provide specific data that documents consider accurate, objective information inclusion. Currently, only Federal the potential costs of modifying the and data about the costs, burdens, and entities or systems or programs managed existing rule requirements pursuant to benefits of automating the PCII Program and overseen by a Federal employee can the commenter’s suggestions; the and whether there are lower cost make use of the categorical inclusion. potential quantifiable benefits including alternatives that would allow DHS to The regulations at 6 CFR part 29 also security and societal benefits of achieve its goal of automating the PCII authorize DHS (or the PCII Program modifying the existing regulatory Program. Manager) to establish procedures to requirements; and the potential impacts Feedback that simply states a ensure that any DHS component or on small entities of modifying the stakeholder feels strongly that DHS other Federal, State, local, tribal, or existing regulatory requirements. should modify the PCII Program, territorial entity that works with PCII DHS requests that commenters without including actionable data, understands and implements the policy discuss potential economic impacts, including how the proposed change and procedural requirements necessary whenever possible, in terms of would impact the costs and benefits of to appropriately receive, use, quantitative benefits and costs when the PCII Program, is much less useful to disseminate, and safeguard PCII in providing feedback on this ANPRM. DHS. To help DHS organize and review compliance with the requirements of the DHS also requests that commenters all comments, please identify the CII Act and the associated regulations. provide any special circumstances relevant provision of 6 CFR part 29 that Since the publication of the PCII Final related to small entities or uniquely relates to the specific comment Rule, the program has met several high costs that small entities may bear. provided (e.g., 6 CFR 29.9 (d) Criminal significant milestones and receives DHS requests that commenters and administrative penalties). ongoing nationwide participation from discuss economic impacts in as specific Commenters may comment on topics Federal, State, local, tribal, and terms as possible. For example, if a related to the current 6 CFR part 29 not territorial partners. To date, the PCII policy change would necessitate included in this ANPRM as well as Program has received submissions from additional employee training, then those questions posed in this ANPRM. owners and operators across all 16 helpful information would include the Written comments may be submitted critical infrastructure sectors whose following: the training courses electronically or by mail, as explained assets, systems, and networks, whether necessary; the types of employees or previously in the ADDRESSES section of
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this ANPRM. To avoid duplication, To help DHS identify ways, if any, to reporting requirements to increase please use only one of these methods to improve the manner in which it transparency of the frequency and types submit written comments. administers PCII, DHS seeks public of data being submitted to the program; Except as provided below, all comments on any and all aspects of 6 (5) Currently, the PCII Program does comments received, as well as pertinent CFR part 29. This ANPRM seeks not facilitate the submitter’s ability to background documents, will be posted comments from all interested parties request and receive audits or access data without change to http:// and subject matter experts and other relating to the submission. This ANPRM www.regulations.gov, including any private and public organizations seeks comments addressing any process personal information provided. associated within the Information amendments or program enhancements Technology and cyber security fields. to effectively implement automated B. Handling of Proprietary or Business Areas that DHS is most interested in submission processing in order to Sensitive Information receiving comments on include, but are facilitate the submitter’s ability to Interested parties are encouraged to not limited to, the following: request and receive timely audits of submit comments in a manner that a. Automated Submissions. Currently, access to the submissions and to avoids discussion of trade secrets, all submitters are required to include an withdraw the data submitted to the confidential commercial or financial ‘‘express statement’’ and a ‘‘certification program via an automated process; information, CII or PCII, or any other statement’’ with each CII submission (6) Comments about what effect, if category of sensitive information that (physical and electronic). This ANPRM any, an updated PCII Program would should not be disclosed to the general seeks comments on modifying this have on enabling broader sharing and public. If it is not possible to avoid such requirement to allow multiple analysis among other trusted recipients discussion, however, please specifically associated CII submissions under one of cyber threat and risk data, including potential concerns related to protecting identify any confidential or sensitive ‘‘express statement’’ and ‘‘certification sources and methods; information contained in the comments statement.’’ Comments 1 through 3 (7) Comments on the extent to which with appropriate warning language (e.g., concern the automated submissions of express and certification statements, specific programmatic-submission use any PCII must be marked and handled cases that define data collection needs in accordance with the requirements of comments 4 through 5 concern internal and external statistical reporting, and should be developed and established as 6 CFR 29.5 through 29.7) and submit categorical inclusions in specific data them by mail to the PCII Program comments 6 through 9 concern the expansion of categorical inclusions. exchange activities in order to increase Manager listed in the FOR FURTHER Specifically, we are requesting: the submitters’ community use and ease INFORMATION CONTACT section. (1) Comments on how to enhance the of submission in the PCII submission DHS will not place any confidential submission methods for critical process, and to foster broader use of the or sensitive comments in the public infrastructure information and automate PCII Program; and docket; rather, DHS will handle them in sharing via structured information (8) Categorical inclusions enjoy a accordance with applicable safeguards expression profiles and electronic presumption of protection for CII and restrictions on access. See, e.g., 6 exchange protocols such as the relating to certain subject matters that CFR 29.5 through 29.7. See also the DHS Structured Threat Information the PCII Program Manager declares as PCII Procedures Manual (‘‘Protected eXpression (STIX) and the Trusted PCII. Additionally, the PCII Program Critical Infrastructure Information Automated eXchange of Indicator Manager sets procedures for receipt and Program,’’ April 2009, located on the Information (TAXII); processing of such information. This DHS Web site at www.dhs.gov/ (2) Comments on whether an updated ANPRM seeks comments on the extent protected-critical-infrastructure- PCII rule should permit multiple to which specific programmatic- information-pcii-program). DHS will submissions of information under one submission use cases should be hold any such comments in a separate express statement and certification developed and established as categorical file to which the public does not have statement enabling the submission of inclusions in order to normalize a range access, and place a note in the public multiple documents by an organization of permissible and impermissible uses docket that DHS has received such over the course of several weeks or for specific types of data shared as PCII; materials from the commenter. DHS will months, all relating to an identified and provide appropriate access to such incident, and whether such submission (9) Currently, categorical inclusions comments upon request to individuals should be treated and tracked as one exist in Federal governmental entities. who meet the applicable legal submission; This ANPRM seeks comments on requirements for access to such (3) Comments on whether an updated expanding categorical inclusions to the information. PCII rule should allow submissions in a State governmental level to increase the III. Questions for Commenters purely electronic format that includes range of submissions, enhance the an electronic express statement and efficiency of information sharing, and The transition from a paper-based certification statement in order to make the protection of critical PCII Program to a preferred electronic simplify the submission of large data infrastructure information more PCII Program must be addressed and sets in particular, such as electronic effective. managed on many different and submissions with a large volume of data b. Marking/Portion Marking—The complex levels: Administratively, potentially indicating a compromise of purpose of the portion marking process financially, culturally, technologically, a critical information system; is to identify what information within a and institutionally. This ANPRM seeks (4) Currently, the PCII Program does submission of critical infrastructure comments on making the transition to a not have an automated process for information should be protected. preferred electronic PCII Program that is collecting statistical information on Presently, submitters are not required to practicable. This ANPRM’s goal is to each submission. For this reason, this portion mark the submitted information. adopt solutions that streamline ANPRM seeks comments outlining The PCII Program Office does not workflow performance rather than whether and to what extent an currently mark portions of submitted continuing existing processes that are automated submission process should information as PCII or non-PCII within becoming outdated. incorporate auditing and statistical the steps of the validation process. If the
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submitted information is validated as protection programs that may duplicate DEPARTMENT OF COMMERCE PCII, the entire submission is given or overlap with the PCII requirements as protection as PCII. Additionally, well as a specific description of the National Oceanic and Atmospheric metadata practices are not streamlined duplicative or overlapping requirement. Administration so that it is received in a uniform h. Administration of PCII Program in process. This ANPRM seeks comments 15 CFR Part 922 States—Comments on streamlining the regarding the marking of PCII as it RIN 0648–BF99 relates to the Controlled Unclassified administration of the PCII Program within State, local, tribal, and territorial Information (CUI) framework, to include Intent To Conduct Scoping and comments on portion marking of entities by including State, local, tribal, and territorial Homeland Security Prepare a Draft Environmental original PCII, and the marking of PCII Assessment for Changes in Advisors in the management of the PCII metadata. Regulations for Greater Farallones and Program so that states are accredited in c. Sharing PCII with Foreign Cordell Bank National Marine their entirety and aligned with the Governments—To date the PCII Program Sanctuaries does not share PCII with foreign requirements of the PCII Program. governments, however it is possible to In each of the above cases, DHS also AGENCY: Office of National Marine do so through sharing agreements. This requests that the commenter provide, in Sanctuaries (ONMS), National Ocean ANPRM seeks comments regarding the as much detail as possible, an Service (NOS), National Oceanic and sharing of PCII with trusted explanation why the procedures should Atmospheric Administration (NOAA), international partners identified through Department of Commerce (DOC). sharing agreements to support the be modified, streamlined, expanded, or removed, as well as specific suggestions ACTION: Notice of intent to conduct critical infrastructure protection and scoping, hold public scoping meetings, resilience efforts of the United States of the ways DHS can better achieve its protective objectives for sharing and prepare an environmental and partner governments. assessment. d. Regulatory Purposes—Comments information about the nation’s critical on whether the current information in 6 infrastructure. SUMMARY: The National Oceanic and CFR part 29 is sufficient to describe the In addressing these topics, DHS Atmospheric Administration (NOAA) restriction on regulatory access to PCII. encourages interested parties to provide expanded the boundaries of Gulf of the See sections 29.2(k) and 29.3 of 6 CFR specific data that documents the Farallones National Marine Sanctuary part 29. potential costs of modifying the existing (now renamed Greater Farallones e. Safeguarding—Comments on all regulatory requirements pursuant to the National Marine Sanctuary or GFNMS) aspects of PCII safeguarding, including commenter’s suggestions; the potential and Cordell Bank National Marine comments on storage, violations of quantifiable benefits including security Sanctuary (CBNMS) to an area north unauthorized disclosure, dissemination, and west of their previous boundaries tracking and use of PCII, and and societal benefits of modifying the existing procedures; and the potential with a final rule published on March 12, destruction of same. 2015. The final rule entered into effect f. Oversight and Compliance— impacts on small businesses of modifying the existing regulatory on June 9, 2015. Pursuant to a request Currently, oversight and compliance from USCG, NOAA is considering within the PCII Program ensures that all requirements. Commenters might also developing future rulemaking to allow critical infrastructure activities are in address how DHS can best obtain and the following USCG discharges within accordance with the CII Act of 2002 and consider accurate, objective information part or all of GFNMS and CBNMS: 1. 6 CFR part 29. This ANPRM seeks and data about the costs, burdens, and Untreated vessel sewage, 2. vessel comments relating to broadening the benefits of the PCII Program and graywater that does not meet the oversight and compliance of the PCII whether there are lower cost alternatives definition of clean as defined by the Program to enhance assessment and that would allow DHS to continue to Federal Water Pollution Control Act measure the effectiveness of compliance achieve its goal of protecting sensitive (FWPCA), and 3. ammunition and with PCII Program policies, procedures security information on the nation’s pyrotechnics (flare) materials used in and practices. critical infrastructure consistent with g. Alignment with other information USCG training exercises for use of force the CII Act of 2002. protection programs—Comments and search and rescue. NOAA will regarding how DHS may be able to Jeh Charles Johnson, conduct public scoping meetings to better align the PCII Program with other gather information and other comments Secretary. to determine the relevant scope of issues existing information protection and [FR Doc. 2016–09186 Filed 4–20–16; 8:45 am] sharing programs, such as the and range of alternatives to be addressed BILLING CODE 9110–9P–P Transportation Security in the environmental process from Administration’s Sensitive Security individuals, organizations, tribes, and Information program, the Department of government agencies on this topic. The Homeland Security’s Chemical- scoping meetings are scheduled as Terrorism Vulnerability Information detailed below. program, and the National Archives and DATES: Written comments should be Records Administration Controlled received on or before May 31, 2016. Unclassified Information Program, Scoping meetings will be held on: including comments on any duplication 1. May 10, 2016, 6 p.m. or overlap that may exist between the 2. May 11, 2016, 6 p.m. PCII Program and another information 3. May 12, 2016, 6 p.m. protection programs. When providing ADDRESSES: You may submit comments comments on this topic, DHS on this document, identified by NOAA– encourages commenters to provide the NOS–2016–0043, by any of the specific citations to any information following methods:
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• Electronic Submission: Submit all designated in 1989 and protects carrying out eleven maritime safety, electronic public comments via the approximately 1,286 square miles (971 security and stewardship missions. Federal e-Rulemaking Portal. Go to square nautical miles). The final rule One key mission of the USCG is to www.regulations.gov/ entered into effect on June 9, 2015(80 enforce or assist in the enforcement of #!docketDetail;D=NOAA–NOS–2016– FR 34047). all applicable Federal laws on, under, 0043, click the ‘‘Comment Now!’’ icon, At that time, NOAA postponed the and over the high seas and waters complete the required fields, and enter effectiveness of the discharge subject to the jurisdiction of the United or attach your comments. requirements in both sanctuaries’ States. As part of this mission, the • Mail: Maria Brown, Superintendent, regulations with regard to U.S. Coast USCG supports resource protection Greater Farallones National Marine Guard activities for six months. An efforts within GFNMS and CBNMS by Sanctuary, 991 Marine Drive, The additional six month postponement of providing surveillance of activities Presidio, San Francisco, CA 94129. the effectiveness of the discharge within the sanctuaries and enforcement • In Person: At any of the following requirements was published in the of the National Marine Sanctuaries Act scoping meetings: Federal Register on December 1, 2015, (NMSA) and other laws. The USCG has 1. San Francisco Bay Area—U.S. to provide adequate time for completion authority to enforce the NMSA under 14 Army Corps of Engineers, Bay Model of an environmental assessment and to U.S.C. 2 and 14 U.S.C. 89. Law Visitor Center, 2100 Bridgeway, Blvd., determine NOAA’s next steps. Without enforcement activities for the two Sausalito, CA 94965 (May 10, 2016). further NOAA action, the discharge sanctuaries are also conducted by other 2. Bodega Bay Fire Protection District, regulations would become effective with agencies, primarily NOAA’s Office of 510 Highway One, Bodega Bay, CA regard to USCG activities June 9, 2016. Law Enforcement and the California Department of Fish and Wildlife. In 94923(May 11, 2016). Both sanctuaries’ regulations prohibit GFNMS the National Park Service and 3. Gualala Community Center, 47950 discharging or depositing, from within several local agencies also conduct law Center Street, Gualala, CA 95445 (May or into the sanctuary, any material or 12, 2016). enforcement activities. other matter (15 CFR 922.82(a)(2–3) and The USCG also leads incident Instructions: Comments sent by any 15 CFR 922.112(a)(2)(i–ii)). Several other method, to any other address or planning and response activities for oil other national marine sanctuaries also spills and other incidents in U.S. coastal individual, or received after the end of have these regulatory prohibitions. The the comment period, may not be and ocean waters. These activities are discharge prohibitions are aimed at necessary components of GFNMS and considered by NOAA. All comments maintaining and improving water received are a part of the public record CBNMS management. Other USCG quality within national marine missions that support national marine and will generally be posted for public sanctuaries to enhance conditions for viewing on www.regulations.gov sanctuary management include ports, the living marine resources within the waterways and coastal security; aids to without change. All personal identifying sanctuaries. The discharge regulations information (e.g., name, address, etc.), navigation, including tending buoys; have exemptions; those relevant for the search and rescue; living marine confidential business information, or proposed action include: otherwise sensitive information resources; marine safety; and marine submitted voluntarily by the sender will —For a vessel less than 300 gross environmental protection. The USCG be publicly accessible. NOAA will registered tons (GRT), or a vessel 300 may concurrently conduct activities to support more than one of its missions accept anonymous comments (enter GRT or greater without sufficient when operating vessels within or ‘‘N/A’’ in the required fields if you wish holding tank capacity to hold sewage aircraft above GFNMS and CBNMS. to remain anonymous). while within the sanctuary, clean effluent generated incidental to vessel In the course of the rulemaking to FOR FURTHER INFORMATION CONTACT: use by an operable Type I or II marine expand GFNMS and CBNMS, NOAA Maria Brown, Greater Farallones sanitation device that is approved in received a letter dated February 4, 2013, National Marine Sanctuary accordance with section 312 of the from the USCG stating that the sewage Superintendent, at Maria.Brown@ Federal Water Pollution Control Act, and graywater discharge prohibitions noaa.gov or 415–561–6622. as amended (FWPCA); marine proposed for the GFNMS and CBNMS SUPPLEMENTARY INFORMATION: sanitation devices must be locked in expansion areas had the potential to impair the ability of USCG vessels to Background a manner that prevents discharge or deposit of untreated sewage conduct operational missions in the NOAA is charged with managing (§ 922.82(a)(2)(ii) and proposed enlarged sanctuaries and to marine protected areas as the National § 922.112(a)(2)(i)(B)); stay ‘‘mission ready’’. In 2014, USCG Marine Sanctuary System (16 U.S.C. —for a vessel less than 300 GRT, or a and NOAA re-initiated discussions to 1431 (b)(1)). The Office of National vessel 300 GRT or greater without try to address all types of discharges Marine Sanctuaries (ONMS) is the sufficient holding tank capacity to from the training activities and the federal office within NOAA that hold graywater while within the sewage and graywater discharges from manages the National Marine Sanctuary sanctuary, clean graywater as defined other missions and routine patrols in System. The mission of ONMS is to by section 312 of the FWPCA both GFNMS and CBNMS. identify, protect, conserve, and enhance (§ 922.82(a)(2)(iv) and Subsequently, NOAA and the USCG the natural and cultural resources, § 922.112(a)(2)(i)(D)); and entered into interagency consultations values, and qualities of the National —activities necessary to respond to an in January 2015 to address both Marine Sanctuary System for this and emergency threatening life, property agencies’ concerns. NOAA published future generations throughout the or the environment (§ 922.82(c) and the final rule for the expansion of nation. ONMS serves as the trustee for § 922.112(b)). GFNMS and CBNMS on March 12, 2015 15 marine protected areas, among them (80 FR 13078), in the Federal Register GFNMS and CBNMS. GFNMS was The USCG, part of the U.S. and the rule became effective on June 9, designated in 1981 and protects Department of Homeland Security, is a 2015 (80 FR 34047). approximately 3,295 square miles (2,488 military service and a branch of the At issue are the discharge regulations square nautical miles). CBNMS was armed forces (14 U.S.C. 1), charged with in both sanctuaries and USCG
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compliance with these regulations objective of resource protection in properties as appropriate and describe during routine vessel operations and national marine sanctuaries. them in any environmental assessment during training exercises designed to or draft environmental impact Request for Information make USCG personnel ready for search statement. NOAA anticipates that these changes, and rescue missions and use of force Authority: 16 U.S.C. 1431 et seq. missions using live fire exercises. whether regulatory or non-regulatory NOAA is concerned with protecting will require preparation of an Dated: April 15, 2016. sanctuary resources and habitats, environmental assessment under the John Armor, resolving any conflicts that could occur National Environmental Policy Act Acting Director for the Office of National among sanctuary user groups (e.g., (NEPA). Therefore, NOAA is also Marine Sanctuaries. fishing and USCG live fire training), and interested in receiving public comment [FR Doc. 2016–09248 Filed 4–20–16; 8:45 am] ensuring continued USCG enforcement that could contribute to the BILLING CODE 3510–NK–P of sanctuary regulations. environmental analysis that will be prepared for this action; specifically, To ensure the rule did not impair information related to the potential USCG operations necessary to fulfill its ENVIRONMENTAL PROTECTION impacts of Coast Guard operational multi-purpose missions while the AGENCY vessel discharges of sewage and agencies were in consultation, the graywater and training discharges document postponed for six months the 40 CFR Part 52 within GFNMS and CBNMS on effective date for the discharge biological, physical and oceanographic [EPA–R06–OAR–2016–0132; FRL–9945–08– requirements in the expansion areas for Region 6] features of the sanctuaries as well as on both sanctuaries with regard to USCG human activities taking place in the activities. NOAA committed to Approval and Promulgation of sanctuaries. considering exempting certain USCG Implementation Plans; State of discharge activities from the GFNMS Timeline Louisiana; Revisions to the State Implementation Plan; Fee Regulations and CBNMS regulations. An additional The process for this action is six month postponement of the composed of four major stages: AGENCY: Environmental Protection effectiveness of the discharge 1. Information collection and Agency (EPA). requirements was published in the characterization (scoping); 2. ACTION: Proposed rule. Federal Register December 1, 2015, to preparation and release of a draft provide adequate time for completion of environmental assessment under NEPA, SUMMARY: The Environmental Protection an environmental assessment and to and any proposed amendments to the Agency (EPA) is proposing to approve determine NOAA’s action. Without regulations if appropriate; 3. public revisions to the Louisiana State further NOAA action, the discharge review and comment; 4. preparation and Implementation Plan (SIP) related to the regulations would become effective with release of a final environmental Fee Regulations section of the Louisiana regard to USCG activities on June 9, assessment, and any final amendments SIP that were submitted by the State of 2016. to the regulations if appropriate. This Louisiana on February 23, 2016. The Potential Options document also advises the public that EPA has evaluated the SIP submittal NOAA will coordinate any consultation from Louisiana and preliminarily NOAA is exploring a variety of responsibilities under section 7 of the determined these revisions are options on how to best protect sanctuary Endangered Species Act (ESA), consistent with the requirements of the resources while ensuring the Essential Fish Habitat (EFH) under the Clean Air Act (Act or CAA). The EPA operational capacity for USCG to Magnuson Stevens Fishery Conservation is proposing this action under section conduct mission-essential activities. and Management Act (MSA), section 110 of the Act. NOAA has identified two options for 106 of the National Historic DATES: Written comments should be this: 1. Changing the regulations to Preservation Act (NHPA, 16 U.S.C. 470), received on or before May 23, 2016. allow USCG discharges; and 2. issuing and Federal Consistency review under ADDRESSES: Submit your comments, a national marine sanctuary general the Coastal Zone Management Act identified by Docket No. EPA–R06– permit, if the activity is eligible for a (CZMA), along with its ongoing NEPA OAR–2016–0132, at http:// permit and is conducted in accordance process including the use of NEPA www.regulations.gov or via email to with the terms and conditions in the documents and public and stakeholder [email protected]. For permit (see http://sanctuaries.noaa.gov/ meetings to also meet the requirements additional information on how to management/permits/). In either case, of other federal laws. discharges could be allowed in all In fulfilling its responsibility under submit comments see the detailed waters of the sanctuaries; only in the NHPA and NEPA, NOAA intends to instructions in the ADDRESSES section of Federal waters (further than 3 nautical identify consulting parties; identify the direct final rule located in the rules miles from shore); in certain zones historic properties and assess the effects section of this Federal Register. delineated based on biological factors of the undertaking on such properties; FOR FURTHER INFORMATION CONTACT: (such as oceanographic features or initiate formal consultation with the Tracie Donaldson, 214–665–6633, density of significant species) and other State Historic Preservation Officer, the [email protected]. To inspect factors (such as high use for recreation, Advisory Council of Historic the hard copy materials, please schedule shipping, or other human activities); in Preservation, and other consulting an appointment with Tracie Donaldson the expanded waters of CBNMS and parties as appropriate; involve the or Bill Deese at 214–665–7253. GFNMS based on the March 12, 2015 public in accordance with NOAA’s SUPPLEMENTARY INFORMATION: In the rulemaking; or not at all. NOAA is NEPA procedures, and develop in final rules section of this Federal interested in receiving public comment consultation with identified consulting Register, the EPA is approving the on the best way to address the need for parties alternatives and proposed State’s SIP submittal as a direct rule continued USCG operations in CBNMS measures that might avoid, minimize or without prior proposal because the and GFNMS while fulfilling its primary mitigate any adverse effects on historic Agency views this as a noncontroversial
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submittal and anticipates no adverse document, and on the information Office of Management and Budget comments. A detailed rationale for the collection requirements. Comments (OMB). Send comments (identified by approval is set forth in the direct final previously submitted need not be 1018–BA53) specific to the information rule. If no relevant adverse comments resubmitted, as they have been collection aspects of this proposed rule are received in response to this action, considered in development of this to both the: no further activity is contemplated. If revised proposed rule and will be fully • Desk Officer for the Department of the EPA receives relevant adverse considered in preparation of the final the Interior at OMB–OIRA at (202) 295– comments, the direct final rule will be rule. 5806 (fax) or OIRA_Submission@ withdrawn and all public comments omb.eop.gov (email); and DATES: We will consider comments • received will be addressed in a received or postmarked on or before Service Information Collection subsequent final rule based on this May 23, 2016. Comments submitted Clearance Officer; Division of Policy, proposed rule. The EPA will not electronically using the Federal Performance, and Management institute a second comment period. Any eRulemaking Portal (see ADDRESSES, Programs; U.S. Fish and Wildlife parties interested in commenting on this below) must be received by 11:59 p.m. Service, MS: BPHC; 5275 Leesburg Pike; action should do so at this time. Falls Church, VA 22041–3803 (mail); or Eastern Time on the closing date. _ For additional information, see the Comments on the information collection hope [email protected] (email). direct final rule which is located in the aspects of this proposed rule must be FOR FURTHER INFORMATION CONTACT: rules section of this Federal Register. received on or before May 23, 2016. Bridget Fahey, U.S. Fish and Wildlife Dated: April 6, 2016. ADDRESSES: Comments on the Proposed Service, Division of Conservation and Ron Curry, Rule. You may submit comments by one Classification, 5275 Leesburg Pike, Falls Regional Administrator, Region 6. of the following methods: Church, VA 22041–3803, telephone [FR Doc. 2016–09065 Filed 4–20–16; 8:45 am] • Electronically: Go to the Federal 703–358–2171, facsimile 703–358–1735; BILLING CODE 6560–50–P eRulemaking Portal: http:// or Angela Somma, National Marine www.regulations.gov. In the Search box, Fisheries Service, Office of Protected enter the docket number for this Resources, 1315 East-West Highway, DEPARTMENT OF THE INTERIOR proposed rule, which is FWS–HQ–ES– Silver Spring, MD 20910, telephone 2015–0016. Then click on the Search 301–427–8403. If you use a Fish and Wildlife Service button. In the Search panel on the left telecommunications device for the deaf side of the screen, under the Document (TDD), call the Federal Information DEPARTMENT OF COMMERCE Type heading, click on the Proposed Relay Service (FIRS) at 800–877–8339. Rules link to locate this document. You SUPPLEMENTARY INFORMATION: National Oceanic and Atmospheric may submit a comment by clicking on Background Administration ‘‘Comment Now!’’ Please ensure that you have found the correct document On May 21, 2015, the Services 50 CFR Part 424 before submitting your comment. proposed revising the regulations at 50 • By hard copy: Submit by U.S. mail CFR 424.14 concerning petitions to [Docket Nos. FWS–HQ–ES–2015–0016; DOC improve the content and specificity of 150506429–5429–01; 4500030113] or hand delivery to: Public Comments Processing, Attn: Docket No. FWS–HQ– petitions and to enhance the efficiency RIN 1018–BA53; 0648–BF06 ES–2015–0016; U.S. Fish and Wildlife and effectiveness of the petition process Service, MS: BPHC, 5275 Leesburg Pike, to support species conservation (80 FR Endangered and Threatened Wildlife Falls Church, VA 22041–3803. 29286). Our revisions to § 424.14 are and Plants; Revisions to the We will post all comments on intended to clarify and enhance the Regulations for Petitions http://www.regulations.gov. This procedures and standards by which the AGENCY: U.S. Fish and Wildlife Service generally means that we will post any Services will evaluate petitions under (FWS), Interior; National Marine personal information you provide us section 4(b)(3) of the Endangered Fisheries Service (NMFS), National (see Request for Information, below, for Species Act of 1973, as amended (ESA Oceanic and Atmospheric more information). or Act; 16 U.S.C. 1531 et seq.), and to Administration (NOAA), Commerce. If you submit information via http:// provide greater clarity to the public on ACTION: Proposed rule; revision and www.regulations.gov, your entire the petition-submission process and, reopening of comment period. submission—including any personal thereby, assist petitioners in providing identifying information—will be posted complete, robust petitions. The SUMMARY: We, the U.S. Fish and on the Web site. If your submission is proposed changes will improve the Wildlife Service and the National made via a hardcopy that includes quality of petitions through expanded Marine Fisheries Service (Services), personal identifying information, you content requirements and guidelines, announce revisions to the May 21, 2015, may request at the top of your document and, in so doing, better focus the proposed rule that would revise the that we withhold this personal Services’ resources on species that merit regulations pertaining to submission of identifying information from public further analysis. However, in response petitions and the reopening of the review. However, we cannot guarantee to the comments and information we public comment period. In this that we will be able to do so. We will received during the May 21, 2015, document, we are setting forth modified post all hardcopy submissions on proposed rule’s public comment period, proposed amendments to the http://www.regulations.gov. the Services are revising the proposed regulations based on comments and Comments on the Information rule to streamline the process for information we received during the May Collection Aspects of the Proposed Rule: according States notice of petitions, to 21, 2015, proposed rule’s public You may review the Information reduce the amount of information that comment period. We are reopening the Collection Request online at http:// would need to be submitted with comment period to allow all interested www.reginfo.gov. Follow the petitions, and to provide additional parties an opportunity to comment on instructions to review Department of the clarifications. It is our intent to discuss these revisions, as described in this Interior collections under review by the here only those topics directly relevant
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to the changes we are making to the findings on, or reviews of, the listing address any configuration of members of proposed rule. Additional background status of the species. For example, when that single taxonomic or biological information, along with the Services’ the Services have already conducted a species as defined by the Act (the full rationales and explanations of the candidate assessment on their own species, one or more subspecies, and, intended meaning of the proposed initiative, a 90-day or 12-month finding for vertebrate species, one or more regulatory text generally, can be found on a petition to complete the same distinct population segments (DPSs)). In in the proposed rule published on May action, or a status review that occurs other words, one petition may request 21, 2015 (80 FR 29286). every 5 years for listed species, such a consideration of, for example, both the review or finding provides context for full species entity and a subspecies of Changes From the May 21, 2015, the petition finding. We similarly that entity, or, in the case of vertebrate Proposed Rule changed ‘‘conducted a status review of species, one or more DPSs of the subject General that species’’ to ‘‘conducted a finding species as well. Separate petitions are on, or review of, the listing status of that not needed in this case. For clarity and simplicity, we make species’’ for the same reason. We did At proposed § 424.14(b)(5), we add small revisions in language in the not include specific reference to a the word ‘‘easily’’ before ‘‘locate the proposed regulation text. These changes ‘‘5-year review’’ since that term is used information cited in the petition, include: internally by the Services and is already including page numbers or chapters as • Throughout the proposed regulation encompassed by the broader language applicable.’’ The Services should not text we replace the title ‘‘the Secretary’’ now used in the first sentence. have to hunt through reference material or ‘‘the Secretaries’’ with ‘‘the Services,’’ • Also in § 424.14(g)(1)(iii), we to try to locate specific information; the as the Services are the designees of the replace the reference to ‘‘subsequent petition should provide clear, specific Secretaries of Commerce and the petition’’ with ‘‘any petition received citations that allow the supporting Interior, respectively, in implementing thereafter’’ as it removes the need to information to be located easily. If the the Act. • introduce and define new, potentially Services cannot locate the supporting We revise the headings for confusing terminology. information easily, they may not be able § 424.14(c) and (d) to make them more • Also in § 424.14(g)(1)(iii), we add to conclude that the statement for which uniform and clear; in this rule, those the sentence, ‘‘Where the prior review the reference material is cited headings are ‘‘Information to be resulted in a final agency action, a constitutes substantial information. included in petitions to add or remove petition generally would not be At proposed § 424.14(b)(6), we species from the lists, or change the considered to present substantial remove the phrase ‘‘or valid links to listed status of a species’’ and scientific and commercial information public Web sites where the supporting ‘‘Information to be included in petitions indicating that the action may be materials can be accessed,’’ because to revise critical habitat,’’ respectively. warranted unless the petition provides Web sites can and do change. A link • In § 424.14(c)(3), we replace the new information not previously provided in a petition may become phrase ‘‘and, if so, how, including a considered.’’ Adding this sentence invalid by the time the Services receive description of the magnitude and would maximize efficiency by allowing and evaluate the petition, or by the time imminence of the threats’’ with the the Services to rely on previous final any subsequent status review may be phrase ‘‘and, if so, how high in agency actions unless new information done. Therefore, we believe it best that magnitude and how imminent the has since become available. electronic or hard copies of supporting threats to the species and its habitat • In § 424.14(g)(1), (g)(2)(i), (g)(2)(ii), materials cited in the petition be are,’’ for clarity. (g)(2)(iii)(B), (h)(1), and (h)(2), we provided with the petition. • We expand the phrase ‘‘available remove the word ‘‘promptly’’ with At proposed § 424.14(b)(7), we add data layers if feasible’’ in proposed respect to publishing the Services’ the phrase ‘‘delist a species, or change § 424.14(d)(1) to ‘‘sufficient supporting findings. The word ‘‘promptly’’ is the status of a listed species,’’ so that information to substantiate the indefinite, and some might interpret it § 424.14(b)(7) now reads ‘‘For a petition requested changes, which may include as the same day or within a few days. to list a species, delist a species, or Geographic Information System (GIS) The Services intend their findings to be change the status of a listed species, data or boundary layers that relate to the published as soon as possible, but information to establish whether the request, if appropriate,’’ for additional cannot control precisely when subject entity is a ‘species’ as defined in clarity. publication in the Federal Register the Act.’’ The reason for this addition is • In proposed § 424.14(d)(2), we occurs and prefer to avoid language that that the Services may be petitioned to replace the phrase ‘‘A description of could be misconstrued in this context. delist an already-listed species on the physical or biological features essential • In § 424.14(g)(2)(ii) and (h)(2), we basis that it is not a valid, listable entity for the conservation of the species’’ with remove the phrase ‘‘Within 12 months under the Act. Another possible the phrase ‘‘A description of any of receipt of the petition,’’ with respect scenario may be that taxonomic proposed revision to the already- to the Services’ final determination after revisions could result in a identified physical or biological features conducting a status review, following a reconfiguration of a listed species into essential for the conservation of the 90-day finding. The 12-month period is new entities, which may be determined species,’’ for clarity. specified in the Act, and would be to have a different listing status from the • In § 424.14(g)(1)(iii), we replace the redundant and unnecessary to include original entity, and thus the Services phrase ‘‘in light of any prior in this regulation. might be petitioned to change the status determinations by the Secretary for the of a listed species on that basis. species’’ with ‘‘in light of any prior Requirements for Petitions—Paragraph However, in simple petitions to uplist a reviews or findings the Services have (b) species from threatened to endangered, made on the listing status of the We add clarification at proposed or downlist a species from endangered species’’ to clarify that context for § 424.14(b)(2) that the requirement that to threatened, the petitioner would only petition findings comes not only from only one ‘‘species’’ be the subject of need to point to the species’ listed status previous final decisions to list or not to each petition applies to ‘‘taxonomic to establish that the subject entity is a list a species, but also from other species.’’ A petition may therefore ‘‘species’’ as defined in the Act.
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At proposed § 424.14(b)(9), we replace recommended administrative action that words, petitioners requesting revisions text concerning pre-coordination of contains an analysis of the information to critical habitat designations need not petitioners with States and gathering of presented—in combination with the provide information on which physical information from State wildlife agencies revised description at § 424.14(c)(5) (see or biological features are essential with new text requiring only that discussion below) that a robust petition unless they contend that some features petitioners notify affected States of their should present a complete, balanced currently recognized as essential are intention to file a petition to list, delist, representation of the relevant facts— not, or that features not currently change the status of, or revise critical will help promote the high quality of recognized as essential should be. habitat for a species, at least 30 days petitions that we encourage petitioners In proposed § 424.14(d)(4), which before submitting a petition to the to submit. outlines information to be included in Services. From the many comments we petitions to remove areas from received on the proposed three options Types of Information To Be Included in designated critical habitat within the for pre-coordination, we realized that Petitions To List, Delist, or Change the geographical area occupied by the the complexity of attempting to contact Status of a Listed Species—Paragraph species, we clarify that ‘‘features’’ and gather responsive data from (c) specifically refers to the ‘‘physical or multiple State wildlife agencies may We add clarification at § 424.14(c)(4) biological features,’’ as described in our cause an undue burden on the that we seek information on recent revision to 50 CFR 424.12 (81 FR petitioner, and potentially slow down conservation actions that States, as well 7413; February 11, 2016). Further, to the petition process. Under the revised as other parties, have initiated or that utilize the same language as the revised provision, the petitioner would be are ongoing. 50 CFR 424.12, we replace the clause required to notify by letter each State in We revise proposed § 424.14(c)(5). In ‘‘(including features that allow the area which the subject species occurs. A our May 21, 2015, proposed rule, we to support the species periodically, over copy of the notification letter(s) would included this language for time)’’ with ‘‘(including characteristics be required to be submitted with the § 424.14(c)(5): that support ephemeral or dynamic petition when it is filed with either Except for petitions to delist, information habitat conditions).’’ NMFS or FWS. We do not anticipate that is useful in determining whether a We revise proposed § 424.14(d)(6) that this requirement would slow down critical habitat designation for the species is regarding providing information the petition process, because petitioners prudent and determinable (see § 424.12), demonstrating that all relevant facts are can submit the letter to the States as including information on recommended presented in a petition to revise critical soon as they begin to prepare the boundaries and physical features and the habitat, for the same reason discussed in petition. habitat requirements of the species; however, our decision to remove proposed Moreover, requiring this early notice such information will not be a basis for § 424.14(b)(10), above. The revised to the States is consistent with the determining whether the petition has proposed § 424.14(d)(6) mirrors the direction in Section 6 (16 U.S.C. 1535) presented substantial information that the revised proposed § 424.14(c)(5), stating petitioned action may be warranted. to coordinate with States to the that a petitioner should provide a maximum extent practicable. This In this revised proposed rule, we add complete, balanced presentation of facts proposed provision would allow the a new proposed § 424.14(c)(5) stating pertaining to the petitioned species, Services to benefit from the States’ that a petitioner should provide a which would include any information considerable experience and complete, balanced presentation of facts the petitioner is aware of that information on the species within their pertaining to the petitioned species, contradicts claims in the petition. which would include any information boundaries because the States would Responses to Requests—Paragraph (e) have an opportunity to submit to the the petitioner is aware of that Services any information they have on contradicts claims in the petition. The Proposed § 424.14(e)(1) stated that if a the species early in the petition process. intent of this provision is to discourage request (a purported petition) does not The Services would have the option, in petitioners from presenting only that meet the requirements set forth at formulating an initial finding, to use information that supports the claims in § 424.14(b), the Services will reject the their discretion to consider any the petition, which might result in a request without making a finding. In information provided by the States (as biased, less-than-robust petition. this revised proposal we add language well as other readily available Further, we removed the request for clarifying that the Services retain information) as part of the context in information useful in making discretion to consider a request to be a which they evaluate the information determinations about critical habitat for petition and process that petition where contained in the petition. If a the species; information regarding the Services determine there has been subsequent status review is conducted, critical habitat is beyond the scope of substantial compliance with the the Services would of course consider information needed to make a 90-day relevant requirements. For example, if a all relevant data and information, finding, and is more appropriate for the petitioner cites 50 references, but including that provided by States and Services to consider during subsequent provides copies of only 49 of the 50 any other interested parties, in making status reviews and proposed listing references with the petition, it is not their determination. determinations. likely that the Services would choose to We remove proposed § 424.14(b)(10), reject the request without making a which required that a petitioner gather Information To Be Included in Petitions finding (unless the missing reference all relevant information on the subject To Revise Critical Habitat—Paragraph was a keystone in supporting the species and provide a certification (d) request). However, we do want to attesting to that. Many comments We add clarification to proposed encourage the petitioner to be careful to received on the original proposed rule § 424.14(d)(2) that if a petitioner ensure all cited materials are included emphasized that this requirement would believes the already-identified physical with the petition, as this is an important be difficult to implement and enforce. or biological features in an existing part in making the petitioner’s case. If We believe that the requirement at critical habitat designation should be the petitioner cites a source as giving proposed § 424.14(b)(4) to provide a revised, they should provide support to an element in a petition, the detailed narrative justification for the information on such a revision. In other petitioner should have actually
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reviewed that source and thus should be We revised § 424.14(g)(1)(iii), which threatened species), 4(e) (similarity of able to provide it along with the addresses situations in which the appearance cases), and 10(j) petition. Services have already made a finding on (designation of experimental We also revise proposed § 424.14(e)(2) or conducted a review of the listing populations). concerning acknowledgement of receipt status of a species, and, after such We replace the clause ‘‘Upon of petitions that do meet the finding or review, receive a petition receiving a petition to designate critical requirements set forth at § 424.14(b), by seeking to list, reclassify, or delist that habitat or to adopt a special rule to deleting ‘‘in writing’’ and ‘‘within 30 species. As explained in the preamble to provide for the conservation of a days of receipt.’’ We make this revision the original proposal, such prior reviews species, the Secretary will promptly to allow the Services greater flexibility constitute information readily available conduct a review,’’ with the clause ‘‘The in the means and timing of to the Services and provide important Services will conduct a review of communicating with the petitioner its context for evaluation of petitions. Prior petitions to designate critical habitat or determination of whether the petition reviews represent a significant to adopt a rule under sections 4(d), 4(e), complies with the mandatory expenditure of the Services’ resources, or 10(j) of the Act,’’ to use plain requirements. This revision also reflects and it would be inefficient and language and provide clarity. unnecessary to require the Services to the fact that, in this day of modern Withdrawal of Petition—Paragraph (j) electronic communications, it is more revisit issues for which a determination efficient for petitioners to refer to the has already been made, unless there is We remove the requirement that a Services’ online lists of active petitions, a basis for reconsideration. In the case request from a petitioner to withdraw which are accessible to the public. We of prior reviews that led to final agency their petition must include the find that continuing the practice of actions (such as final listings, 12-month petitioner’s name, signature, address, written confirmations no longer not warranted findings, and 90-day not- telephone number, if any, and the provides the most effective or efficient substantial findings), a petition association, institution, or business means of communicating to all generally would not be found to provide affiliation, if any, of the petitioner. Such interested parties regarding the status of substantial information unless the information has already been provided petitions. petition provides new information or a in the petition. new analysis not previously considered Request for Information Findings on a Petition To List, Delist, or in the final agency action. By ‘‘new’’ we Reclassify—Paragraph (g) mean only that the information was not Any final rule based on the May 21, considered by the Services in the prior 2015, proposed rule (80 FR 29286), as In § 424.14(g)(1)(ii), which describes amended by this revised proposed rule, what additional information the determination. These revisions are not meant to will consider information and Services may use in evaluating a imply that the Service’s finding on a recommendations timely submitted petition, beyond that which is provided petition addressing the same species as from all interested parties. We solicit with the petition, we propose to delete a prior determination would necessarily comments, information, and the phrase ‘‘in the agency’s possession’’ be negative. For example, the more time recommendations from governmental and revise this statement to simply that has elapsed from the completion of agencies, Native American tribes, the state, ‘‘The Services may also consider the prior review, the greater the scientific community, industry groups, information readily available at the time potential that substantial new environmental interest groups, and any the determination is made . . . .’’ That information has become available. As other interested parties on this revised information may not only be stored in another example, the Services may have proposed rule. All comments and the traditional hard copy format in files, concluded a 5-year status review in materials received by the date listed in but may be electronic data files as well, which we find that a listed species no DATES, above, will be considered prior or stored on Web sites created by the longer warrants listing, but have not as to the approval of a final rule. Services or other Web sites routinely yet initiated a rule-making to delist the We specifically request comments and accessed by the Services. Further, the species (in other words, have not yet information evaluating the changes in Services may consider information that undertaken a final agency action). If we this revised proposed rule, as discussed they are able to retrieve through a quick receive a petition to delist that species, above and presented below under Internet search. However, the Services in which the petitioner provides no new Proposed Regulation Promulgation. We are not required to search for or or additional information than was are particularly interested in comments consider such information in making an considered in the 5-year status review, on our modified proposal to limit initial finding on a petition, and would we would likely still find that the petitions to a single taxonomic species, use that information only to provide petition presents substantial in light of our clarification that a single context for evaluating the information in information that the petitioned action petition may seek the listing of the petition rather than to supplement may be warranted. alternative configurations of the the petition. Petitions To Designate Critical Habitat members of that species (i.e., as a We remove the phrase ‘‘and so notify species, subspecies, or one or more the petitioner’’ that occurred in or Adopt Rules Under Sections 4(d), 4(e), or 10(j) of the Act—Paragraph (i) distinct population segments). proposed § 424.14(g)(1), (g)(2)(i), and Comments previously submitted on (h)(1) to describe the process the We revise the heading of this the original proposed rule need not be Services follow once findings are made. paragraph to clarify what was meant by resubmitted, as they will be fully Our intention in using this phrase was ‘‘special rules.’’ This paragraph considered in preparation of the final to state that the publication of our describes petitions that the Services will rule. findings in the Federal Register review in accordance with the You may submit your information constitutes our notification to the Administrative Procedure Act (APA; 5 concerning this proposed rule by one of petitioner, but the phrasing was U.S.C. Subchapter II), and specifically the methods listed in ADDRESSES. awkward, and it is clearer just to state includes petitions to designate critical Information and supporting that we will publish our finding in the habitat and requests pertaining to ESA documentation that we receive in Federal Register. sections 4(d) (protective regulations for response to this proposed rule will be
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available to review at http:// association, institution, or business identified in the designation should be www.regulations.gov, or by affiliation; changed, a description of the physical or appointment, during normal business (2) Scientific and any common name biological features essential for the hours, at the U.S. Fish and Wildlife of the species that is the subject of the conservation of the species and whether Service, Division of Conservation and petition; they may require special management Classification (see FOR FURTHER (3) Clear indication of the considerations or protection; INFORMATION CONTACT). administrative action the petitioner • For any areas petitioned to be seeks (e.g., listing of a species or added to critical habitat within the Required Determinations revision of critical habitat); geographical area occupied by the Based on our most current data, we (4) Detailed narrative justification for species at the time it was listed, affirm the following required the recommended administrative action information indicating that the specific determinations made in the May 21, that contains an analysis of the areas contain the physical or biological 2015, proposed rule (80 FR 29286); see supporting information presented; features that are essential to the that document for descriptions of our (5) Literature citations that are conservation of the species and may actions to ensure compliance with the specific enough for the Services to require special management following statutes and Executive Orders: easily locate the supporting information considerations or protection. The • Regulatory Planning and Review cited by the petition, including page petitioner should also indicate which (Executive Order 13563); numbers or chapters, as applicable; specific areas contain which features; • Regulatory Flexibility Act; (6) Electronic or hard copies of • For any areas petitioned for removal • Unfunded Mandates Reform Act (2 supporting materials (e.g., publications, from currently designated critical U.S.C. 1501 et seq.); maps, reports, letters from authorities) habitat within the geographical area • Takings (Executive Order 12630); cited in the petition; occupied by the species at the time it • Federalism (Executive Order (7) For petitions to list, delist, or was listed, information indicating that 13132); reclassify a species include: the specific areas do not contain the • Civil Justice Reform (Executive • Information to establish whether physical or biological features that are Order 12988); the subject entity is a ‘‘species’’ as essential to the conservation of the • Government-to-Government defined in the Act; species, or that these features do not Relationship With Tribes; • Information on the current require special management • Energy Supply, Distribution or Use geographic range of the species, consideration or protections; and (Executive Order 13211); and including range States or countries; and • For areas petitioned to be added to • Clarity of This Proposed Rule • Copies of notification letters to or removed from critical habitat that Our additional determinations follow: States. were outside the geographical area (8) Information on current population occupied by the species at the time it Regulatory Planning and Review status and trends and estimates of was listed, information indicating why (Executive Order 12866) current population sizes and the petitioned areas are or are not The Office of Management and distributions, both in captivity and the essential for the conservation of the Budget’s Office of Information and wild, if available; species. Regulatory Affairs (OIRA) has (9) Identification of the factors under (13) A complete, balanced determined that this rule is not section 4(a)(1) of the Act that may affect representation of the relevant facts, significant under Executive Order the species and where these factors are including contrary facts. 12866. acting upon the species; Notification of States. For petitions to (10) Whether any or all of the factors list, delist, or change the status of a Paperwork Reduction Act of 1995 (PRA) alone or in combination identified in species, or for petitions to revise critical This proposed rule contains a section 4(a)(1) of the Act may cause the habitat, petitioners must notify collection of information that the species to be an endangered species or applicable States of their intention to Services have submitted to OMB for threatened species (i.e., place the submit a petition. This notification must approval under the PRA (44 U.S.C. 3501 species in danger of extinction now or be made at least 30 days prior to et seq.). We may not conduct or sponsor, in the foreseeable future), and, if so, submission of the petition. Copies of the and you are not required to respond to, how, including a description of the notification letters must be included a collection of information unless it magnitude and imminence of the threats with the petition. displays a currently valid OMB control to the species and its habitat; Calculation of Burden Estimates. The number. (11) Information on existing burden information below includes Any interested person may submit a regulatory protections and conservation estimates for both Services. written petition to the Services activities that States or other parties We estimate the amount of time a requesting to add a species to the Lists have initiated or have put in place that petitioner may spend in preparing a of Endangered or Threatened Wildlife may protect the species or its habitat; petition, including researching literature and Plants (Lists), remove a species (12) For petitions to revise critical and information sources and writing the from the Lists, change the listed status habitat: petition, as 120 hours. We realize the of a species, or revise the boundary of • Description and map(s) of areas that time spent may be more or less than this an area designated as critical habitat. the current designation (a) does not estimate, but we believe this represents We are asking OMB to approve the include that should be included or (b) a realistic average. We invite comment collection of information associated includes that should no longer be on this as well as our other estimates in with these petitions: included, and the rationale for this PRA determination. Petitions. This proposed rule specifies designating or not designating these Further, based on the average number the information that must be included specific areas as critical habitat. of species per year over the past 5 years in petitions, including but not limited Petitioners should include available regarding which FWS and NMFS were to: data layers if feasible; petitioned, we estimate the average (1) Petitioner’s name; signature; • When the petitioner requests that annual number of petitions received by address; telephone number; and the physical or biological features both Services combined to be 50 (25 for
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FWS and 25 for NMFS). Because each 10 States per petition. Many species are Service Form Number(s): None. petition will be limited to a single narrow endemics and may only occur in Description of Respondents: taxonomic species under the proposed one State, but others are wide-ranging Individuals, businesses, or regulations, the average number of and may occur in many States. organizations. species included in petitions over the However, we are erring on the side of past 5 years may be more accurate than over-estimating the potential number of Respondent’s Obligation: Required to the average number of petitions as a States petitioners will need to notify on obtain or retain a benefit. gauge of the number of petitions we are average. Estimated Annual Number of likely to receive going forward. This We estimate the non-hour cost burden Respondents: 50. estimate of the number of petitions the per petition for printing and mailing to Frequency of Collection: On occasion. Services will receive in the future may be minimal and have used a value of be generous. $20.00 in our calculation. Total Annual Nonhour Cost Burden: We estimate that there will be a need OMB Control No: 1018–XXXX. $1,000.00. for a petitioner to notify an average of Title: Petitions, 50 CFR 424.14.
Estimated Completion number of time per Estimated Activity/requirement annual response total annual responses (hours) burden hours
Petitioner—prepare petition ...... 50 120 6,000 Petitioner—notify States ...... 500 1 500
Total ...... 550 ...... 6,500
As part of our continuing efforts to Environmental Policy Act (43 CFR § 424.03 Has the Office of Management reduce paperwork and respondent 46.10–46.450), the Department of the and Budget approved the collection of burdens, we invite the public and other Interior Manual (516 DM 1–4 and 8)), information? Federal agencies to comment on any and National Oceanic and Atmospheric The Office of Management and Budget aspect of the reporting burden Administration (NOAA) Administrative reviewed and approved the information associated with this proposed Order 216–6. Our analysis includes collection requirements contained in information collection. We specifically evaluating whether this action is subpart B and assigned OMB Control invite comments concerning: procedural, administrative, technical, or No. 1018–XXXX. We use the • Whether or not the collection of legal in nature, and therefore whether a information to evaluate and make information is necessary for the proper categorical exclusion applies (see 43 decisions on petitions. We may not performance of our management CFR 46.210(i) and NOAA conduct or sponsor, and you are not functions, including whether or not the Administrative Order 216–6, section required to respond to, a collection of information will have practical utility; 6.03c.3(i)). We invite the public to information unless it displays a • The accuracy of our estimate of the comment on whether and, if so, how currently valid OMB control number. burden for the collection of information, • this proposed regulation may have a You may send comments on the Ways to enhance the quality, utility, significant effect upon the human information collection requirements to and clarity of the information to be environment, including any effects the Information Collection Clearance collected; and identified as extraordinary Officer, U.S. Fish and Wildlife Service, • Ways to minimize the burden of the circumstances at 43 CFR 46.215. We at the address listed at 50 CFR 2.1(b). collection of information on will complete our analysis, in ■ respondents. 3. Revise § 424.14 to read as follows: compliance with NEPA, before If you wish to comment on the finalizing these proposed regulations. § 424.14 Petitions. information collection requirements of (a) Ability to petition. Any interested List of Subjects in 50 CFR Part 424 this proposed rule, send your comments person may submit a written petition to directly to OMB (see detailed the Services requesting that one of the instructions under the heading Administrative practice and procedure, Endangered and threatened actions described in § 424.10 be taken Comments on the Information for a species. Collection Aspects of the Proposed Rule species. (b) Requirements for petitions. A in ADDRESSES). Please identify your Proposed Regulation Promulgation petition must clearly identify itself as comments with 1018–BA53. Provide a such, be dated, and contain the copy of your comments to the Service Accordingly, we propose to amend following information: Information Collection Clearance Officer part 424, subchapter A of chapter IV, (see detailed instructions under the title 50 of the Code of Federal (1) The name, signature, address, heading Comments on the Information Regulations as set forth below: telephone number, if any, and the Collection Aspects of the Proposed Rule association, institution, or business in ADDRESSES). PART 424—LISTING ENDANGERED affiliation, if any, of the petitioner; AND THREATENED SPECIES AND (2) The scientific and any common National Environmental Policy Act DESIGNATING CRITICAL HABITAT name of the species that is the subject We are analyzing this proposed of the petition. Only one taxonomic regulation in accordance with the ■ 1. The authority citation for part 424 species, along with any subspecies or criteria of the National Environmental continues to read as follows: distinct population segments of that Policy Act (NEPA), the Department of Authority: 16 U.S.C. 1531 et seq. species, may be the subject of a petition; the Interior regulations on (3) A clear indication of the Implementation of the National ■ 2. Add § 424.03 to read as follows: administrative action the petitioner
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seeks (e.g., listing of a species or magnitude and how imminent the management consideration or revision of critical habitat); threats to the species and its habitat are; protections; (4) A detailed narrative justification (4) Information on adequacy of (5) For areas petitioned to be added to for the recommended administrative regulatory protections and conservation or removed from critical habitat that action that contains an analysis of the efforts that States, as well as other were outside the geographical area information presented; parties, have initiated or that are occupied by the species at the time it (5) Literature citations that are ongoing, that may protect the species or was listed, information indicating why specific enough for the Services to its habitat; and the petitioned areas are or are not easily locate the information cited in the (5) A complete, balanced essential for the conservation of the petition, including page numbers or representation of the relevant facts, species; and chapters as applicable; including information that may (6) A complete, balanced (6) Electronic or hard copies of contradict claims in the petition. representation of the relevant facts, supporting materials (e.g., publications, (d) Information to be included in including information that may maps, reports, letters from authorities) petitions to revise critical habitat. The contradict claims in the petition. cited in the petition; Services’ determinations as to whether (e) Response to requests. (1) If a request does not meet the requirements (7) For a petition to list a species, the petition provides substantial set forth at paragraph (b) of this section, delist a species, or change the status of information that the petitioned action the Services will generally reject the a listed species, information to establish may be warranted will depend in part request without making a finding, and whether the subject entity is a ‘‘species’’ on the degree to which the petition will notify the sender and provide an as defined in the Act; includes the following types of (8) For a petition to list a species, explanation of the rejection. However, information; failure to include adequate delist a species, or change the status of the Services retain discretion to process information on any one or more of the a listed species, information on the a petition where the Services determine following may result in a finding that current geographic range of the species, there has been substantial compliance the petition does not present substantial including range States or countries; and with the relevant requirements. (9) For a petition to list a species, information: (2) If a request does meet the delist a species, or change the status of (1) A description and map(s) of areas requirements set forth at paragraph (b) a listed species, or for petitions to revise that the current designation does not of this section, the Services will critical habitat, petitioners must provide include that should be included, or acknowledge receipt of the petition. notice to the State agency responsible includes that should no longer be (f) Supplemental information. If the for the management and conservation of included, and the benefits of petitioner provides supplemental fish, plant, or wildlife resources in each designating or not designating these information before the initial finding is State where the species that is the specific areas as critical habitat. made and asks that it be considered in subject of the petition occurs. This Petitioners should include sufficient making a finding, the new information, notification must be made at least 30 supporting information to substantiate along with the previously submitted days prior to submission of the petition. the requested changes, which may information, is treated as a new petition Copies of the notification letters must be include GIS data or boundary layers that that supersedes the original petition, included with the petition. relate to the request, if appropriate; and the statutory timeframes will begin (c) Information to be included in (2) A description of any proposed when such supplemental information is petitions to add or remove species from revision to the already-identified received. the lists, or change the listed status of physical or biological features essential (g) Findings on petitions to add or a species. The Services’ determinations for the conservation of the species, and remove a species from the lists, or as to whether the petition provides whether they may require special change the listed status of a species. (1) substantial information that the management considerations or To the maximum extent practicable, petitioned action may be warranted will protection; within 90 days of receiving a petition to depend in part on the degree to which (3) For any areas petitioned to be add a species to the lists, remove a the petition includes the following types added to critical habitat within the species from the lists, or change the of information; failure to include geographical area occupied by the listed status of a species, the Services adequate information on any one or species at time it was listed, information will make a finding as to whether the more of the following may result in a indicating that the specific areas contain petition presents substantial scientific finding that the petition does not the physical or biological features that or commercial information indicating present substantial information: are essential to the conservation of the that the petitioned action may be (1) Information on current population species and may require special warranted. The Services will publish status and trends and estimates of management considerations or the finding in the Federal Register. current population sizes and protection. The petitioner should also (i) For the purposes of this section, distributions, both in captivity and the indicate which specific areas contain ‘‘substantial scientific or commercial wild, if available; which features; information’’ refers to credible scientific (2) Identification of the factors under (4) For any areas petitioned for or commercial information in support of section 4(a)(1) of the Act that may affect removal from currently designated the petition’s claims such that a the species and where these factors are critical habitat within the geographical reasonable person conducting an acting upon the species; area occupied by the species at the time impartial scientific review would (3) Whether any or all of the factors it was listed, information indicating that conclude that the action proposed in the alone or in combination identified in the specific areas do not contain the petition may be warranted. Conclusions section 4(a)(1) of the Act may cause the physical or biological features drawn in the petition without the species to be an endangered species or (including characteristics that support support of credible scientific or threatened species (i.e., place the ephemeral or dynamic habitat commercial information will not be species in danger of extinction now or conditions) that are essential to the considered ‘‘substantial information.’’ is likely to do so in the foreseeable conservation of the species, or that these (ii) The Services will consider the future), and, if so, how high in features do not require special information referenced at paragraphs
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(b), (c), and (f) of this section. The (A) The immediate proposal and (b), (d), and (f) of this section. The Services may also consider information timely promulgation of a regulation to Services may also consider other readily available at the time the implement the petitioned action is information readily available at the time determination is made in reaching the precluded because of other pending the determination is made in reaching initial finding on the petition. The proposals to list, delist, or change the its initial finding on the petition. The Services are not required to consider listed status of species; and Services are not required to consider any supporting materials cited by the (B) Expeditious progress is being any supporting materials cited by the petitioner if the cited documents are not made to list, delist, or change the listed petitioner if the cited documents are not status of qualified species, in which provided in accordance with paragraph provided in accordance with paragraph (b)(6) of this section. case such finding will be published in (b)(6) of this section. (iii) The ‘‘substantial scientific or the Federal Register together with a commercial information’’ standard must description and evaluation of the (2) The Services will determine how be applied in light of any prior reviews reasons and data on which the finding to proceed with the requested revision, or findings the Services have made on is based. The Services will make any and will publish notice of such the listing status of the species that is determination of expeditious progress in intention in the Federal Register. Such the subject of the petition. Where the relation to the amount of funds available finding may, but need not, take a form Services have already conducted a after complying with nondiscretionary similar to one of the findings described finding on, or review of, the listing duties under section 4 of the Act and under paragraph (g)(2) of this section. status of that species (whether in court orders and court-approved (i) Petitions to designate critical response to a petition or on the Services’ settlement agreements to take actions own initiative), the Services will pursuant to section 4 of the Act. habitat or adopt rules under sections evaluate any petition received thereafter (3) If a finding is made under 4(d), 4(e), or 10(j) of the Act. The seeking to list, reclassify, or delist that paragraph (g)(2)(iii) of this section with Services will conduct a review of species to determine whether a regard to any petition, the Services will, petitions to designate critical habitat or reasonable person conducting an within 12 months of such finding, again to adopt a rule under sections 4(d), 4(e), impartial scientific review would make one of the findings described in or 10(j) of the Act in accordance with conclude that the action proposed in the paragraph (g)(2) of this section with the Administrative Procedure Act (5 petition may be warranted despite the regard to such petition. U.S.C. 553) and applicable previous review or finding. Where the (h) Findings on petitions to revise Departmental regulations, and take prior review resulted in a final agency critical habitat. (1) To the maximum appropriate action. extent practicable, within 90 days of action, a petition generally would not be (j) Withdrawal of petition. A receiving a petition to revise a critical considered to present substantial petitioner may withdraw the petition at habitat designation, the Services will scientific and commercial information any time during the petition process by indicating that the action may be make a finding as to whether the submitting such request in writing. If a warranted unless the petition provides petition presents substantial scientific new information not previously information indicating that the revision petition is withdrawn, the Services may, considered. may be warranted. The Services will at their discretion, discontinue action (2) If a positive 90-day finding is publish such finding in the Federal on the petition finding, even if the made, the Services will commence a Register. Services have already made a review of the status of the species (i) For the purposes of this section, substantial 90-day finding. concerned. The Services will make one ‘‘substantial scientific information’’ Dated: April 4, 2016. refers to credible scientific information of the following findings: Michael J. Bean, (i) The petitioned action is not in support of the petition’s claims such warranted, in which case the Services that a reasonable person conducting an Principal Deputy Assistant Secretary for Fish shall publish a finding in the Federal impartial scientific review would and Wildlife and Parks. Register. conclude that the revision proposed in Dated: April 13, 2016. (ii) The petitioned action is the petition may be warranted. Samuel D. Rausch, III warranted, in which case the Services Conclusions drawn in the petition Deputy Assistant Administrator for will publish in the Federal Register a without the support of credible Regulatory Programs, National Marine proposed regulation to implement the scientific information will not be Fisheries Service. action pursuant to § 424.16; or considered ‘‘substantial information.’’ [FR Doc. 2016–09200 Filed 4–19–16; 4:15 pm] (iii) The petitioned action is (ii) The Services will consider the BILLING CODE 4333–15–P 3510–22–P warranted, but: information referenced at paragraphs
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Notices Federal Register Vol. 81, No. 77
Thursday, April 21, 2016
This section of the FEDERAL REGISTER DEPARTMENT OF COMMERCE Terminal, U.S. Highway 70 and State contains documents other than rules or Route 24, Morehead City. proposed rules that are applicable to the Foreign-Trade Zones Board The grantee’s proposed service area public. Notices of hearings and investigations, under the ASF would be: The Counties committee meetings, agency decisions and [B–20–2016] of Pender, New Hanover, Brunswick, rulings, delegations of authority, filing of petitions and applications and agency Foreign-Trade Zone 214—Lenoir Carteret, Duplin, Cumberland, and statements of organization and functions are County, North Carolina; Application for Columbus within and adjacent to the examples of documents appearing in this Reorganization/Expansion Under Wilmington Customs and Border section. Alternative Site Framework Protection port of entry; the Counties of Beaufort, Pitt, Hyde, Onslow, Homes, An application has been submitted to Craven, Pamlico, and Lenoir within and BROADCASTING BOARD OF the Foreign-Trade Zones (FTZ) Board by adjacent to the Morehead City Customs GOVERNORS the North Carolina Department of and Border Protection port of entry; and, Transportation, grantee of FTZ 214, the Counties of Robeson, Bladen, Notice of Public Availability of the requesting authority to reorganize and Wilson, Edgecombe, Nash, Wayne and Broadcasting Board of Governors FY– expand the zone under the alternative Greene within and adjacent to the 2014 Service Contract Analysis and site framework (ASF) adopted by the Raleigh-Durham Customs and Border FY–2015 Service Contract Inventory FTZ Board (15 CFR Sec. 400.2(c)). The Protection port of entry, as described in ASF is an option for grantees for the the application. If approved, the grantee AGENCY: The Broadcasting Board of establishment or reorganization of zones would be able to serve sites throughout Governors. and can permit significantly greater the service area based on companies’ flexibility in the designation of new needs for FTZ designation. ACTION: Notice. subzones or ‘‘usage-driven’’ FTZ sites The applicant is requesting authority for operators/users located within a to reorganize and expand its existing SUMMARY: In accordance with Section grantee’s ‘‘service area’’ in the context of zone as follows: Modify Site 6 to 743 of Division C of the Consolidated the FTZ Board’s standard 2,000-acre include an additional 124 acres (new Appropriations Act of 2010 (Pub. L. activation limit for a zone. The total acreage = 128 acres); existing Sites 111–117), the Broadcasting Board of application was submitted pursuant to 1, 5, 6 (as modified) and 7 would Governors (BBG) is publishing this the Foreign-Trade Zones Act, as become ’’magnet’’ sites; and, existing notice to advise the public of the amended (19 U.S.C. 81a–81u), and the Sites 2, 3, and 4 would become ‘‘usage- availability of its FY–2014 Service regulations of the Board (15 CFR part driven’’ sites. The ASF allows for the Contract Analysis and FY–2015 Service 400). It was formally docketed on April possible exemption of one magnet site Contract Inventory. They are available 13, 2016. from the ‘‘sunset’’ time limits that on the BBG Web site, through the FTZ 214 was approved by the FTZ generally apply to sites under the ASF, following link: http://www.bbg.gov/ Board on May 7, 1996 (Board Order 815, and the applicant proposes that Sites 5 about-the-agency/research-reports/ 61 FR 27048, May 30, 1996) and and 6 be so exempted or approved with other/bbg-service-contract-inventory/. expanded on August 14, 2003 (Board 10-year sunset time limits. The service contract inventory provides Order 1281, 68 FR 51965, August 29, The applicant is also requesting information on service contract actions 2003) and November 2, 2007 (Board approval of three additional magnet over $25,000 made in FY–2015. The Order 1537, 72 FR 65700, November 23, sites: Proposed Site 8 (154 acres)—Radio information is organized by function to 2007). The grant of authority was Island, 296 Radio Island Road, Beaufort; show how contracted resources are reissued to the North Carolina Proposed Site 9 (1,530 acres)— distributed throughout the Agency. The Department of Transportation, and FTZs Wilmington International Airport, 1740 inventory has been developed in 66, 67 and 214 were merged into one Airport Blvd., Wilmington; and, accordance with guidance on service zone and designated as FTZ 214 on Proposed Site 10 (491 acres)—Craven contract inventories issued on February 28, 2014 (Board Order 1932, County Industrial Park, 406 Craven November 5, 2010 and on December 19, 79 FR 13987, March 12, 2014). Street, New Bern. The application 2011 by the Office of Management and The current zone includes the would have no impact on FTZ 214’s Budget, Office of Federal Procurement following sites: Site 1 (1,131 acres)—NC previously authorized subzones. Policy (OFPP). Global Transpark Authority, 3800 Hwy. In accordance with the FTZ Board’s 58 N, Kinston; Site 2 (35 acres)—Kanban regulations, Kathleen Boyce of the FTZ FOR FURTHER INFORMATION CONTACT: Logistics, Inc., 1114 Kingsboro Road, Staff is designated examiner to evaluate James McGuirk, Senior Procurement Rocky Mount; Site 3 (56 acres)—Crown and analyze the facts and information Analyst, IBB Office of Contracts via LSP Group, Inc., 400 English Road, presented in the application and case email at [email protected] or at Rocky Mount; Site 4 (28 acres)—Crown record and to report findings and telephone number (202) 382–7840. LSP Group, Inc., 1201 Thorpe Road, recommendations to the FTZ Board. Dated: April 15, 2016. Rocky Mount; Site 5 (390 acres)— Public comment is invited from Wilmington Port Terminal Complex, interested parties. Submissions shall be Chris Luer, 2202 Burnett Blvd., Wilmington; Site 6 addressed to the FTZ Board’s Executive Chief, IBB Office of Administration. (4 acres)—Morehead City Terminal, 113 Secretary at the address below. The [FR Doc. 2016–09220 Filed 4–20–16; 8:45 am] Arendell Street, Morehead City; and, closing period for their receipt is June BILLING CODE 8610–01–P Site 7 (40 acres)—Morehead City 20, 2016. Rebuttal comments in
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response to material submitted during This correction to the Final Results is 703(c)(1) of the Act permits the the foregoing period may be submitted issued and published in accordance Department to postpone making the during the subsequent 15-day period to with sections 751(a)(1), 751(a)(2)(B)(iv), preliminary determination until no later July 5, 2016. 751(a)(3), 777(i) of the Act and 19 CFR than 130 days after the date on which A copy of the application will be 351.213(h), 351.214 and 351.221(b)(4). it initiated the investigation if, among available for public inspection at the of the Tariff Act of 1930, as amended. other reasons, the petitioner makes a Office of the Executive Secretary, Dated: April 15, 2016. timely request for a postponement, or Foreign-Trade Zones Board, Room the Department concludes that the Christian Marsh, 21013, U.S. Department of Commerce, parties concerned are cooperating and Deputy Assistant Secretary for Enforcement determines that the investigation is 1401 Constitution Avenue NW., and Compliance. Washington, DC 20230–0002, and in the extraordinarily complicated. On April ‘‘Reading Room’’ section of the FTZ [FR Doc. 2016–09277 Filed 4–20–16; 8:45 am] 13, 2016, AK Steel Corporation, Board’s Web site, which is accessible BILLING CODE 3510–DS–P Allegheny Ludlum, LLC d/b/a ATI Flat via www.trade.gov/ftz. For further Rolled Products, North American information, contact Kathleen.Boyce@ DEPARTMENT OF COMMERCE Stainless, and Outokumpu Stainless trade.gov or (202) 482–1346. USA, LLC (collectively, Petitioners) Dated: April 14, 2016. International Trade Administration made a timely request to postpone the 2 Andrew McGilvray, preliminary CVD determination. [C–570–043] Therefore, pursuant to the discretion Executive Secretary. Stainless Steel Sheet and Strip From afforded the Department under [FR Doc. 2016–09285 Filed 4–20–16; 8:45 am] 703(c)(1)(A) of the Act and because the BILLING CODE 3510–DS–P the People’s Republic of China: Postponement of Preliminary Department does not find any Determination in the Countervailing compelling reason to deny the request, we are fully extending the due date DEPARTMENT OF COMMERCE Duty Investigation until 130 days after the Department’s International Trade Administration AGENCY: Enforcement and Compliance, initiation for the preliminary International Trade Administration, determination, to July 11, 2016. [A–570–848] Department of Commerce. Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline Freshwater Crawfish Tail Meat From DATES: Effective April 21, 2016. for the final determination will continue the People’s Republic of China: Notice FOR FURTHER INFORMATION CONTACT: to be 75 days after the date of the of Correction to Final Results of Emily Halle at (202) 482–0176, AD/CVD preliminary determination. This notice Antidumping Duty Administrative and Operations Office VII, Enforcement and is issued and published pursuant to New Shipper Reviews; 2013–2014 Compliance, U.S. Department of Commerce, 14th Street and Constitution section 703(c)(2) of the Act and 19 CFR AGENCY: Enforcement and Compliance, Avenue NW., Washington, DC 20230. 351.205(f)(1). International Trade Administration, SUPPLEMENTARY INFORMATION: Dated: April 14, 2016. Department of Commerce. Paul Piquado, Background FOR FURTHER INFORMATION CONTACT: Assistant Secretary for Enforcement and Hermes Pinilla, AD/CVD Operations, On March 3, 2016, the Department of Compliance. Office I, Enforcement and Compliance, Commerce (the Department) initiated a [FR Doc. 2016–09279 Filed 4–20–16; 8:45 am] International Trade Administration, countervailing duty (CVD) investigation BILLING CODE 3510–DS–P U.S. Department of Commerce, 1401 of imports of stainless steel sheet and Constitution Avenue NW., Washington, strip (stainless steel) from the People’s DC 20230; telephone: (202) 482–3477. Republic of China (PRC).1 The notice of DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: On April initiation stated that, in accordance with 13, 2016, the Department of Commerce section 703(b)(1) of the Tariff Act of International Trade Administration (the Department) published in the 1930, as amended (the Act), and 19 CFR [A–570–916] Federal Register the final results of the 351.205(b)(1), we would issue our administrative and new shipper reviews preliminary determination no later than Laminated Woven Sacks From the of the antidumping duty order on 65 days after the date of initiation, People’s Republic of China: Notice of freshwater crawfish tail meat from the unless postponed. Currently, the Court Decision Not in Harmony With People’s Republic of China.1 The Final preliminary determination in this Final Determination Under Section 129 Results contained an inadvertent error investigation is due no later than May of the Uruguay Round Agreements Act related to a certain company name. 9, 2016. AGENCY: Specifically, the Final Results Enforcement and Compliance, Postponement of Preliminary International Trade Administration, incorrectly identified Shanghai Ocean Determinations Flavor International Trading Co., Ltd. as Department of Commerce. Shanghai Ocean International Section 703(b)(1) of the Tariff Act of SUMMARY: On March 30, 2016, the International Trading Co., Ltd. in the 1930, as amended (Act), requires the United States Court of International ‘‘Final Results of the Administrative Department to issue the preliminary Trade (CIT or Court) issued final Review and New Shipper Reviews’’ determination in a CVD investigation judgment in Laminated Woven Sacks section.2 within 65 days after the date on which Committee, Coating Excellence the Department initiated the International, LLC, and Polytex Fibers 1 See Freshwater Crawfish Tail Meat from the investigation. However, section Corporation v. United States, Consol. People’s Republic of China: Final Results of Antidumping Duty Administrative Review and New 1 See Stainless Steel Sheet and Strip From the 2 See Letter from Petitioners, ‘‘Countervailing Shipper Reviews; 2013–2014, 81 FR 21840 (April People’s Republic of China: Initiation of Duty Investigation of Stainless Steel Sheet and Strip 13, 2016) (Final Results). Countervailing Duty Investigation, 81 FR 13322 from the People’s Republic of China Request for 2 Id., at 21841. (March 14, 2016). Extension of the Determination,’’ April 13, 2016.
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Court No. 12–00301, affirming the orders and three other sets of challenging the Final Section 129 Department of Commerce’s (the simultaneously imposed AD and CVD Determination regarding the AD Department) final results of orders before the Dispute Settlement investigation of LWS from the PRC.10 redetermination pursuant to court Body of the World Trade Organization On March 23, 2016, the Department remand. Consistent with the decision of (WTO). The WTO Appellate Body, in issued its Final Remand the United States Court of Appeals for March 2011, found that the United Redetermination regarding the AD the Federal Circuit (CAFC) in Timken States had acted inconsistently with its investigation of LWS from the PRC, in Co. v. United States, 893 F.2d 337 (Fed. international obligations in several which it amended its Final Section 129 Cir. 1990) (Timken), as clarified by respects, including the potential Determination regarding the AD Diamond Sawblades Mfrs. Coalition v. imposition of overlapping remedies, or investigation and denied the adjustment United States, 626 F.3d 1374 (Fed. Cir. so-called ‘‘double remedies.’’ 4 The U.S. to the AD cash deposit rates granted to 2010) (Diamond Sawblades), the Trade Representative then announced respondents in the Final Section 129 Department is notifying the public that the United States’ intention to comply Determination.11 On March 30, 2016, the final judgment in this case is not in with the WTO’s rulings and the CIT sustained the Department’s harmony with the Department’s recommendations, and the Department Final Remand Redetermination.12 implemented final determination in a initiated a Section 129 proceeding.5 Timken Notice proceeding conducted under section On July 31, 2012, the Department 129 of the Uruguay Round Agreements issued its Final Section 129 In its decision in Timken, 893 F.2d at Act (Section 129) related to the Determination. In that determination, 341, as clarified by Diamond Sawblades, Department’s final affirmative the Department found that an the CAFC held that, pursuant to section determination in the antidumping duty adjustment was warranted to the AD 516A(e) of the Act, the Department must (AD) investigation of laminated woven rates on LWS imports from the PRC to publish a notice of a court decision that sacks (LWS) from the People’s Republic account for remedies that overlap those is not ‘‘in harmony’’ with a Department of China (the PRC) for the period imposed by the CVD order.6 As a result, determination and must suspend October 1, 2006, through March 31, the Department reduced the applicable liquidation of entries pending a 2007.1 The Department is amending its AD rate for separate rate companies ‘‘conclusive’’ court decision. The CIT’s implemented Final Section 129 from 64.28 percent to 20.19 percent and March 30, 2016, judgment affirming the Determination with regard to granting reduced the PRC-wide entity AD rate Final Remand Redetermination adjustments to the AD cash deposit from 91.73 percent to 47.64 percent.7 constitutes a final court decision that is rates. The Department published a notice not in harmony with the Department’s DATES: Effective Date: April 11, 2016.2 implementing the Final Section 129 Final Section 129 Determination. This FOR FURTHER INFORMATION CONTACT: Determination on August 30, 2012.8 notice is published in fulfillment of Ryan Mullen, Office V, Enforcement and Various parties challenged the publication requirements of Timken. Department’s Final Section 129 Compliance, International Trade Amended Final Determination Administration, U.S. Department of Determination at the CIT. Commerce, 14th Street and Constitution Following the final disposition of Because there is now a final court Avenue NW., Washington, DC, 20230; litigation related to the Final Section decision with respect to the telephone: (202) 482–2560. 129 Determination regarding the AD and Department’s Final Section 129 SUPPLEMENTARY INFORMATION: CVD investigations of circular welded Determination regarding the AD pipe (CWP) from the PRC, in which the investigation of LWS from the PRC, the Background Department found no basis for making Department is amending the Final On August 7, 2008, the Department an adjustment to the AD rates under Section 129 Determination, as published AD and countervailing duty Section 777(A)(f) of the Tariff Act of implemented, regarding an adjustment (CVD) orders on LWS imports from the 1930, as amended (the Act),9 the CIT to the AD cash deposit rates. The PRC.3 The Government of the People’s granted the Department’s request for a revised AD cash deposit rates are as Republic of China challenged the LWS voluntary remand in the litigation follows:
Revised AD cash deposit Exporter Producer rate (%)
Zibo Aifudi Plastic Packaging Co., Ltd ...... Zibo Aifudi Plastic Packaging Co., Ltd ...... 64.28 Polywell Industrial Co., A.K.A. First Way (H.K.) Limited ...... Polywell Plastic Product Factory ...... 64.28
1 See Memorandum from Christian Marsh, Deputy FR 52683 (August 30, 2012) (Implementation 7 See Implementation Notice, 77 FR at 52687. Assistant Secretary for Antidumping and Notice). 8 Id. Countervailing Duty Operations, to Paul Piquado, 2 The effective date is ten days after the date of 9 See Wheatland Tube Co. v. United States, Assistant Secretary for Enforcement and the court decision in accordance with Section Consol. Court No. 12–00298, Slip Op. 15–44 (Ct. Compliance, ‘‘Final Determination: Section 129 516A(e) of the Tariff Act of 1930. Int’l Trade May 7, 2015); Wheatland Tube Co. v. 3 Proceeding Pursuant to the WTO Appellate Body’s See Notice of Antidumping Duty Order: United States, Consol. Court No. 12–00296, Slip Laminated Woven Sacks from the People’s Republic Findings in WTO DS379 Regarding the Op. 15–118 (Ct. Int’l Trade October 22, 2015). Antidumping and Countervailing Duty of China, 73 FR 45941 (August 7, 2008); see also 10 See Laminated Woven Sacks Comm. v. United Investigations of Laminated Woven Sacks from the Laminated Woven Sacks From the People’s People’s Republic of China,’’ (July 31, 2012) (Final Republic of China: Countervailing Duty Order, 73 States, Court No. 12–00301 (December 3, 2015). Section 129 Determination); see also FR 45955 (August 7, 2008) (collectively, LWS 11 See ‘‘Final Redetermination Pursuant to Court Implementation of Determinations Under Section orders). Remand, Laminated Woven Sacks Comm. v. United 129 of the Uruguay Round Agreements Act: Certain 4 See United States—Definitive Anti-Dumping States, Court No. 12–00301,’’ (March 23, 2016) New Pneumatic Off-the-Road Tires; Circular and Countervailing Duties on Certain Products from (Final Remand Redetermination). Welded Carbon Quality Steel Pipe; Laminated China, 611, WT/DS379/AB/R (Mar. 11, 2011). 12 See Laminated Woven Sacks Comm. v. United Woven Sacks; and Light-Walled Rectangular Pipe 5 See Implementation Notice. States, Slip Op. 16–30, Consol. Court No. 12–00301 and Tube From the People’s Republic of China, 77 6 See Final Section 129 Determination. (CIT March 30, 2016).
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Revised AD cash deposit Exporter Producer rate (%)
Zibo Linzi Worun Packing Product Co., Ltd ...... Zibo Linzi Worun Packing Product Co., Ltd ...... 64.28 Shandong Qikai Plastics Product Co., Ltd ...... Shandong Qikai Plastics Product Co., Ltd ...... 64.28 Changle Baodu Plastic Co. Ltd ...... Changle Baodu Plastic Co. Ltd ...... 64.28 Zibo Linzi Shuaiqiang Plastics Co. Ltd ...... Zibo Linzi Shuaiqiang Plastics Co. Ltd ...... 64.28 Zibo Linzi Qitianli Plastic Fabric Co. Ltd ...... Zibo Linzi Qitianli Plastic Fabric Co. Ltd ...... 64.28 Shandong Youlian Co. Ltd ...... Shandong Youlian Co. Ltd ...... 64.28 Zibo Linzi Luitong Plastic Fabric Co. Ltd ...... Zibo Linzi Luitong Plastic Fabric Co. Ltd ...... 64.28 Wenzhou Hotson Plastics Co. Ltd ...... Wenzhou Hotson Plastics Co. Ltd ...... 64.28 Jiangsu Hotson Plastics Co. Ltd ...... Jiangsu Hotson Plastics Co. Ltd ...... 64.28 Cangnan Color Make The Bag ...... Cangnan Color Make The Bag ...... 64.28 Zibo Qigao Plastic Cement Co. Ltd ...... Zibo Qigao Plastic Cement Co. Ltd ...... 64.28 Prc-Wide Rate ...... 91.73
Unless the applicable cash deposit DATES: Written comments must be examiners (some private citizens, some rates have been superseded by cash submitted on or before June 20, 2016. government and military personnel), the deposit rates calculated in an ADDRESSES: Direct all written comments Baldrige Program needs the ability to intervening administrative review of the to Jennifer Jessup, Departmental ask them of their preferences for the AD order on LWS from the PRC, the Paperwork Clearance Officer, sector in which they will do their Department will instruct U. S. Customs Department of Commerce, Room 6616, application review (e.g., do they want to and Border Protection to require a cash 14th and Constitution Avenue NW., review a health care applicant, deposit for estimated AD duties at the Washington, DC 20230 (or via the manufacturing applicant), their rate noted above for each specified Internet at [email protected]). availability to conduct reviews, their exporter and producer combination, for FOR FURTHER INFORMATION CONTACT: ability to travel on a site visit and about entries of subject merchandise, entered Requests for additional information or all of their logistical needs (e.g., dietary or withdrawn from warehouse, for copies of the information collection restrictions, cannot review an consumption, on or after April 11, 2016. instrument and instructions should be organization from a certain state due to This notice is issued and published in directed to Dawn Bailey, Baldrige conflicts in that state), their ability to accordance with sections 516A(e) and Performance Excellence Program, 100 perform particular MBNQA roles such 777(i)(1) of the Act and section Bureau Drive, Stop 1020, Gaithersburg, as technical editor or team leader), their 129(c)(2)(A) of the Uruguay Round MD 20899, 301–975–3074, conflicts with a particular organization, Agreements Act. [email protected] etc. The Baldrige Program also needs to SUPPLEMENTARY INFORMATION: survey them to obtain qualitative Dated: April 14, 2016. information on performance, as being a Paul Piquado, I. Abstract Baldrige Examiner is a very competitive Assistant Secretary for Enforcement and Public Law 100–107 (The Malcolm selection. Compliance. Baldrige National Quality Improvement The Baldrige Program could not [FR Doc. 2016–09286 Filed 4–20–16; 8:45 am] Act of 1987), which established the perform the intensive evaluation called BILLING CODE 3510–DS–P Baldrige Performance Excellence for in the law without surveying its own Program and its Malcolm Baldrige workforce about their unique needs in National Quality Award (MBNQA), relation to the MBNQA process (and its DEPARTMENT OF COMMERCE stipulates that organizational applicants subprocesses). In fact, these volunteer for the award (see OMB Control #0693– examiners expect to be asked their National Institute of Standards and 006) receive ‘‘an intensive evaluation by preferences, as well as given the ability Technology a competent board of examiners which to give their feedback to improve Proposed Information Collection; shall review the evidence submitted by processes. the organization and, through a site Comment Request; Baldrige II. Method of Collection Performance Excellence Program visit, verify the accuracy of the quality Surveys are typically conducted via Team Leader Consensus and Site Visit improvements claimed.’’ Per the statute, ‘‘the Director of the email or through a secure NIST file- Surveys National Bureau of Standards shall rely sharing system if any MBNQA upon’’ these examiners, as they are in AGENCY: National Institute of Standards organization-specific information needs and Technology, Commerce. essence the external workforce of the to be shared. Surveys can also be Baldrige Performance Excellence conducted over the phone if the number ACTION: Notice. Program. Baldrige Program staff of examiners who need to be asked members manage and improve the about a particular role or need is less SUMMARY: The Department of award and all of its processes, but the than about 20. Often, a personal phone Commerce, as part of its continuing examiners actually do the objective call is the best way to survey a subset effort to reduce paperwork and review of MBNQA applicants. of examiners, as maintaining positive respondent burden, invites the general The Team Leader Consensus and Site relationships with examiners is very public and other Federal agencies to Visit Surveys will be one key way that important to the program. take this opportunity to comment on Baldrige staff members can proposed and/or continuing information communicate with and seek feedback III. Data collections, as required by the from the external workforce (Baldrige OMB Control Number: #0693–XXXX Paperwork Reduction Act of 1995. Examiners). To manage these voluntary (New Collection).
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Form Number(s): None. SUMMARY: NMFS announces a public discretion of the chairs for the GAC and Type of Review: Regular submission. meeting of the General Advisory SAS. Affected Public: Individuals, Committee (GAC) to the U.S. Section to The 90th meeting of the IATTC, the including private citizens. All must be the Inter-American Tropical Tuna 33rd Meeting of the Parties to the U.S. citizens (proof of citizenship is Commission (IATTC) on May 27, 2016, Agreement on the International Dolphin required prior to Baldrige Examiner and a public meeting of the Scientific Conservation Program (AIDCP), as well training). Advisory Subcommittee (SAS) to the as working group meetings for both the Estimated Number of Respondents: GAC on May 26, 2016. Additionally, IATTC and AIDCP, will be held in La 500 per year. NMFS announces a public conference Jolla, California from June 20 to July 1, Estimated Time per Response: 20 call of the GAC and SAS on May 3, 2016. For more information on these minutes. 2016. The meeting and call topics are meetings, please visit the IATTC’s Web Estimated Total Annual Burden described under the SUPPLEMENTARY site: https://www.iattc.org/ Hours: 167 hours. INFORMATION section of this notice. MeetingsENG.htm. Estimated Total Annual Cost to DATES: The meeting of the SAS will be GAC and SAS Meeting Topics Public: $0. held on May 26, 2016, from 10 a.m. to 5 p.m. PDT (or until business is The GAC meeting topics will include, IV. Request for Comments concluded). The meeting of the GAC but are not limited to, the following: Comments are invited on: (a) Whether will be held on May 27, 2016, from 8:30 (1) Outcomes of the 2016 SAC to the the proposed collection of information a.m. to 5 p.m. PDT (or until business is IATTC (e.g., stock status updates for is necessary for the proper performance concluded). The conference call with tuna, tuna-like species, and other of the functions of the agency, including the SAS and GAC will be held on May species caught in association with those whether the information shall have 3, 2016, from 12 p.m. to 2 p.m. (or until fisheries in the eastern Pacific Ocean); practical utility; (b) the accuracy of the business is concluded). (2) Implementation of the Antigua agency’s estimate of the burden ADDRESSES: The GAC and SAS meetings Convention including the development (including hours and cost) of the will be held in the Pacific Conference of a SOPP; proposed collection of information; (c) Room (Room 300) at NMFS, Southwest (3) Input from the SAS; ways to enhance the quality, utility, and Fisheries Science Center, 8901 La Jolla (4) Formulation of advice on issues clarity of the information to be Shores Drive, La Jolla, California 92037– that may arise at the upcoming 90th collected; and (d) ways to minimize the 1508. Please notify Taylor Debevec (see meeting of the IATTC, including the burden of the collection of information FOR FURTHER INFORMATION CONTACT) by IATTC staff’s recommended on respondents, including through the May 20, 2016, if you plan to attend conservation measures, U.S. proposals, use of automated collection techniques either or both meetings in person or and proposals from other IATTC or other forms of information remotely. The meetings will be members; and technology. accessible by webinar—instructions will (5) Other issues as they arise. Comments submitted in response to be emailed to meeting participants. The The SAS meeting topics will include, this notice will be summarized and/or call will be held via conference line: 1– but are not limited to, the following: included in the request for OMB 888–790–6181, passcode: 34214. (1) Outcomes of the 2016 Scientific Advisory Committee (SAC) to the approval of this information collection; FOR FURTHER INFORMATION CONTACT: IATTC (e.g., stock status updates for they also will become a matter of public Taylor Debevec, West Coast Region, tuna, tuna-like species, and other record. NMFS, at [email protected], or species caught in association with those at (562) 980–4066. Dated: April 15, 2016. fisheries in the eastern Pacific Ocean); Glenna Mickelson, SUPPLEMENTARY INFORMATION: In (2) Implementation of the Antigua Management Analyst, Office of the Chief accordance with the Tuna Conventions Convention including the development Information Officer. Act (16 U.S.C. 951 et seq.), as amended, of a Statement of Organization, [FR Doc. 2016–09208 Filed 4–20–16; 8:45 am] the U.S. Department of Commerce, in Practices, and Procedures (SOPP); BILLING CODE 3510–13–P consultation with the Department of (3) Issues related to the impact of State (the State Department), appoints a fishing on non-target species, such as GAC to the U.S. Section to the IATTC, shark, seabirds, sea turtles; DEPARTMENT OF COMMERCE and a SAS that advises the GAC. The (4) Evaluation of the IATTC staff’s U.S. Section consists of the four U.S. recommended conservation measures National Oceanic and Atmospheric Commissioners to the IATTC and for 2016; Administration representatives of the State Department, (5) U.S. proposals for the 90th NOAA, Department of Commerce, other meeting of the IATTC and proposals RIN 0648–XE529 agencies of the U.S. Government, and from other IATTC members; and other stakeholders. The purpose of the (6) Other issues as they arise. General Advisory Committee to the GAC shall be to advise the U.S. Section The GAC and SAS call will U.S. Section to the Inter-American with respect to U.S. participation in the exclusively consist of review and Tropical Tuna Commission and work of the IATTC, with particular discussion of the draft SOPP in an effort Scientific Advisory Subcommittee to reference to development of U.S. to resolve most of the edits and the General Advisory Committee; policies, positions, and negotiating comments before the GAC and SAS Meetings and Call Announcement tactics. The purpose of the SAS is to meeting so it does not take away from AGENCY: National Marine Fisheries advise the GAC on matters of science. other agenda items. NMFS West Coast Region provides Service (NMFS), National Oceanic and Special Accommodations Atmospheric Administration (NOAA), administrative support for the GAC and Commerce. SAS. The meetings of the GAC and SAS The meeting location is physically shall be open to the public, unless in accessible to people with disabilities. ACTION: Notice of public meeting and executive session. The time and manner Requests for sign language conference call. of public comment will be at the interpretation or other auxiliary aids
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should be directed to Taylor Debevec The recordkeeping and reporting IFQ Cost Recovery, 2 hours; IFQ (see FOR FURTHER INFORMATION CONTACT) requirements at § 648.294 form the basis Reporting Requirements, 2 minutes. by May 11, 2016. for this collection of information. NMFS Estimated Total Annual Burden Authority: 16 U.S.C. 951 et seq. requests information from tilefish Hours: 42. individual fishing quota (IFQ) permit Estimated Total Annual Cost to Dated: April 18, 2016. holders in order to process applications Public: $45. Emily H. Menashes, to ensure that IFQ allocation holders are Acting Director, Office of Sustainable provided a statement of their annual IV. Request for Comments Fisheries, National Marine Fisheries Service. catch quota, and for enforcement Comments are invited on: (a) Whether [FR Doc. 2016–09284 Filed 4–20–16; 8:45 am] purposes, to ensure vessels are not the proposed collection of information BILLING CODE 3510–22–P exceeding an individual quota is necessary for the proper performance allocation. In conjunction with the of the functions of the agency, including application, NMFS also collects IFQ whether the information shall have DEPARTMENT OF COMMERCE share accumulation information to practical utility; (b) the accuracy of the ensure that an IFQ allocation holder agency’s estimate of the burden National Oceanic and Atmospheric does not acquire an excessive share of (including hours and cost) of the Administration the total limited access privileges, as proposed collection of information; (c) Proposed Information Collection; required by section 303A(d)(5)(C) of the ways to enhance the quality, utility, and Comment Request; Tilefish Individual Magnuson-Stevens Act. clarity of the information to be Fishing Quota Program NMFS requests transfer application collected; and (d) ways to minimize the information to process and track burden of the collection of information AGENCY: National Oceanic and requests from allocation holders to on respondents, including through the Atmospheric Administration (NOAA), transfer quota allocation (permanent use of automated collection techniques Commerce. and temporary) to another entity. NMFS or other forms of information ACTION: Notice. also collects information for cost technology. recovery purposes as required under the Comments submitted in response to SUMMARY: The Department of Magnuson-Stevens Act to collect fees to this notice will be summarized and/or Commerce, as part of its continuing recover the costs directly related to included in the request for OMB effort to reduce paperwork and management, data collection and approval of this information collection; respondent burden, invites the general analysis, and enforcement of IFQ they also will become a matter of public public and other Federal agencies to programs. Lastly, NMFS collects record. take this opportunity to comment on landings information to ensure that the proposed and/or continuing information Dated: April 18, 2016. amounts of tilefish landed and ex-vessel Sarah Brabson, collections, as required by the prices are properly recorded for quota NOAA PRA Clearance Officer. Paperwork Reduction Act of 1995. monitoring purposes and the calculation DATES: Written comments must be of IFQ fees, respectively. Having this [FR Doc. 2016–09246 Filed 4–20–16; 8:45 am] submitted on or before June 20, 2016. information results in an increasingly BILLING CODE 3510–22–P ADDRESSES: Direct all written comments more efficient and accurate database for management and monitoring of fisheries to Jennifer Jessup, Departmental DEPARTMENT OF COMMERCE Paperwork Clearance Officer, of the Northeastern U.S. EEZ. Department of Commerce, Room 6616, II. Method of Collection National Oceanic and Atmospheric 14th and Constitution Avenue NW., Administration Washington, DC 20230 (or via the The IFQ Allocation permit Internet at [email protected]). application, IFQ holder cap form, and Proposed Information Collection; FOR FURTHER INFORMATION CONTACT: the IFQ transfer form are all paper Comment Request; Alaska American Requests for additional information or applications. These applications can be Fisheries Act (AFA) Permits copies of the information collection filled out online, but must be printed AGENCY: instrument and instructions should be and signed to complete. The IFQ cost National Oceanic and directed to Reid Lichwell, (978) 281– recovery process is entirely online at Atmospheric Administration (NOAA), 9112 or [email protected]. www.pay.gov and the IFQ reporting Commerce. SUPPLEMENTARY INFORMATION: requirements are completed through a ACTION: Notice. phone call to NMFS interactive voice I. Abstract response phone line. SUMMARY: The Department of Commerce, as part of its continuing This request is for extension of a III. Data effort to reduce paperwork and current information collection. National Marine Fisheries Service OMB Number: 0648–0590. respondent burden, invites the general (NMFS) Greater Atlantic Region Form Number: None. public and other Federal agencies to manages the golden tilefish fishery of Type of Review: Regular submission take this opportunity to comment on the Exclusive Economic Zone (EEZ) of (extension of a current information proposed and/or continuing information the Northeastern United States, through collection). collections, as required by the the Tilefish Fishery Management Plan Affected Public: Business or other for- Paperwork Reduction Act of 1995. (FMP). The Mid-Atlantic Fishery profit organizations. DATES: Written comments must be Management Council prepared the FMP Estimated Number of Respondents: submitted on or before June 20, 2016. pursuant to the Magnuson-Stevens 12. ADDRESSES: Direct all written comments Fishery Conservation and Management Estimated Time per Response: IFQ to Jennifer Jessup, Departmental Act (Magnuson-Stevens Act). The Allocation Permit Application, 30 Paperwork Clearance Officer, regulations implementing the FMP are minutes; IFQ Holder Cap Form, 5 Department of Commerce, Room 6616, specified at 50 CFR part 648 subpart N. minutes; IFQ Transfer Form, 5 minutes; 14th and Constitution Avenue NW.,
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Washington, DC 20230 (or via the Bering Sea Chinook Salmon PSC DATES: Comments may be submitted, Internet at [email protected]). Allocation. identified by the title of the information FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Burden collection activity, within May 23, 2016. Requests for additional information or Hours: 444. ADDRESSES: Comments may be copies of the information collection Estimated Total Annual Cost to submitted, identified by the title of the instrument and instructions should be Public: $271 in recordkeeping/reporting information collection activity, to the directed to Patsy Bearden, NMFS Alaska costs. Office of Information and Regulatory Region, (907) 586–7008 or IV. Request for Comments Affairs, Attn: Ms. Sharon Mar, OMB [email protected]. Desk Officer for the Corporation for SUPPLEMENTARY INFORMATION: Comments are invited on: (a) Whether National and Community Service, by the proposed collection of information any of the following two methods I. Abstract is necessary for the proper performance within 30 days from the date of This request is for extension of a of the functions of the agency, including publication in the Federal Register: currently approved information whether the information shall have (1) By fax to: 202–395–6974, collection. practical utility; (b) the accuracy of the Attention: Ms. Sharon Mar, OMB Desk National Marine Fisheries Service agency’s estimate of the burden Officer for the Corporation for National (NMFS) and the Council developed (including hours and cost) of the and Community Service; or regulations under the Magnuson- proposed collection of information; (c) (2) By email to: [email protected]. ways to enhance the quality, utility, and Stevens Act and the American Fisheries SUPPLEMENTARY INFORMATION: The OMB clarity of the information to be Act (AFA) to govern commercial fishing is particularly interested in comments collected; and (d) ways to minimize the for Bering Sea and Aleutian Islands which: burden of the collection of information Management Area (BSAI) pollock • Evaluate whether the proposed on respondents, including through the according to the requirements of the collection of information is necessary use of automated collection techniques AFA. These regulations are necessary to for the proper performance of the or other forms of information achieve the AFA’s objective of functions of CNCS, including whether technology. decapitalization and rationalization of the information will have practical Comments submitted in response to the BSAI pollock fishery. utility; With exceptions noted below, all this notice will be summarized and/or • Evaluate the accuracy of the participants in the AFA pollock fishery included in the request for OMB agency’s estimate of the burden of the are already permitted and the permits approval of this information collection; proposed collection of information, are issued with an indefinite expiration they also will become a matter of public including the validity of the date. The permanent AFA permits are: record. methodology and assumptions used; AFA catcher vessel, AFA catcher/ Dated: April 18, 2016. • Propose ways to enhance the processor, AFA mothership, and AFA Sarah Brabson, quality, utility, and clarity of the inshore processor. The permit NOAA PRA Clearance Officer. information to be collected; and • exceptions are issued annually—the [FR Doc. 2016–09245 Filed 4–20–16; 8:45 am] Propose ways to minimize the inshore vessel cooperative permit and BILLING CODE 3510–22–P burden of the collection of information inshore vessel contract fishing permit. on those who are to respond, including In addition, the AFA vessel replacement through the use of appropriate application may be submitted to NMFS automated, electronic, mechanical, or CORPORATION FOR NATIONAL AND at any time. other technological collection COMMUNITY SERVICE II. Method of Collection techniques or other forms of information Information Collection; Submission for technology. Respondents have a choice of either OMB Review, Comment Request electronic or paper forms. Methods of Comments submittal include email, mail, and AGENCY: Corporation for National and A 60-day Notice requesting public facsimile transmission of paper forms. Community Service. comment was published in the Federal III. Data ACTION: Notice. Register on January 15, 2016 at Volume 81 FR page 2202. This comment period OMB Control Number: 0648–0393. SUMMARY: The Corporation for National ended March 15, 2016. No public Form Number(s): None. and Community Service (CNCS) has comments were received from this Type of Review: Regular (extension of submitted a public information Notice. a current information collection). collection request (ICR) entitled Description: This form is for use by Affected Public: Business or other for- Disability Accommodation AmeriCorps State and National grantees profit organizations. Reimbursement Grant Request Form for who want to receive reimbursement for Estimated Number of Respondents: review and approval in accordance with funds spent accommodating 134. the Paperwork Reduction Act of 1995, AmeriCorps members with disabilities. Estimated Time per Response: 30 Public Law 104–13, (44 U.S.C. Chapter Type of Review: New. minutes for Application for AFA Permit 35). Copies of this ICR, with applicable Agency: Corporation for National and Application: Rebuild, Replace, or supporting documentation, may be Community Service. Remove Vessel; 2 hours for Application obtained by calling the Corporation for Title: Disability Accommodation for AFA Inshore Catcher Vessel National and Community Service, Sean Reimbursement Request Form. Cooperative Permit; 4 hours for Vessel R. Scott, at 202–606–3866 or email to OMB Number: TBD. Contract Fishing Notification; 8 hours [email protected]. Individuals who use a Agency Number: None. for Application for Approval as an telecommunications device for the deaf Affected Public: Grantees of Entity Eligible to Receive Transferable (TTY–TDD) may call 1–800–833–3722 AmeriCorps State & National and Chinook Salmon PSC Allocation; 15 between 8:00 a.m. and 8:00 p.m. Eastern AmeriCorps members with disabilities. minutes for Application to Transfer of Time, Monday through Friday. Total Respondents: 20.
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Frequency: Once. The purpose of the CSP Grants for applicants demonstrating the capacity Average Time per Response: 10 SEAs competition is to enable SEAs to to create high-quality charter schools. minutes. provide financial assistance, through The second goal is to strengthen Estimated Total Burden Hours: 3.33 subgrants to eligible applicants (also public accountability for authorized hours. referred to as non-SEA eligible public chartering agencies (also referred Total Burden Cost (Capital/Startup): applicants), for the planning, program to as authorizers) and their charter None. design, and initial implementation of schools through rigorous and Total Burden Cost (Operating/ charter schools and for the transparent charter school authorization Maintenance): None. dissemination of information about and oversight processes. For example, Dated: April 14, 2016. successful charter schools, including Absolute Priorities 1 Periodic Review Jennifer Bastress Tahmasebi, practices that existing charter schools and Evaluation and 2 Charter School have demonstrated are successful. Oversight require an applicant to Deputy Director, AmeriCorps State and demonstrate that its State implements National. SUPPLEMENTARY INFORMATION: On specific charter school authorization [FR Doc. 2016–09198 Filed 4–20–16; 8:45 am] December 10, 2015, the President signed and oversight policies to ensure public BILLING CODE 6050–28–P into law the Every Student Succeeds accountability for charter schools in the Act (ESSA), Public Law 114–95, which State, including holding authorized reauthorized the Elementary and public chartering agencies accountable DEPARTMENT OF EDUCATION Secondary Education Act of 1965 for the quality of the charter schools in (ESEA), as amended by the No Child their portfolios. Application for New Awards; Charter Left Behind Act of 2001 (NCLB). Under The third goal is to support and Schools Program (CSP) Grants for section 5(c) of the ESSA, CSP grants improve academic outcomes for State Educational Agencies awarded in FY 2016 and earlier years educationally disadvantaged students AGENCY: Office of Innovation and will operate in accordance with the through equal access to high-quality Improvement, Department of Education. requirements of the ESEA, as amended charter schools, improved academic by NCLB, and any continuation awards performance for students at the greatest ACTION: Notice. applicable to these grants also will risk of academic failure, and a concerted Overview Information: operate in accordance with such effort to increase student-body diversity Charter Schools Program (CSP) Grants requirements. in charter schools. Diversity—in for State Educational Agencies (SEAs) The FY 2016 CSP Grants for SEAs particular racial, ethnic, and Notice inviting applications for new competition is similar to the previous socioeconomic diversity—is a critical awards for fiscal year (FY) 2016. year’s competition, with a few changes component of improving outcomes for all students, including educationally Catalog of Federal Domestic Assistance to simplify the application and review (CFDA) Number: 84.282A. process, consistent with feedback from disadvantaged students. Accordingly, applicants, peer reviewers, and panel under selection criterion (f) Oversight of DATES: Authorized Public Chartering Agencies, Applications Available: April 21, monitors. Notably, the competitive preference priorities have been reviewers will consider the quality of an 2016. applicant’s plan to help ensure that Date of Pre-Application Webinar: streamlined and the selection criteria have been reduced in number and authorized public chartering agencies April 26, 2016, 2:00 p.m. to 4:00 p.m., approve charter school petitions that Washington, DC, time. simplified. In addition, to ensure that CSP funds are used efficiently by SEAs incorporate school models, practices, or Deadline for Transmittal of strategies that may be effective in Applications: June 1, 2016. and their subgrantees, the Department has established a maximum amount of improving outcomes for educationally Deadline for Intergovernmental disadvantaged students, including subgrant funds that an SEA may award Review: July 30, 2016. models, practices, and strategies that to a subgrantee for planning, program focus on increasing student-body Full Text of Announcement design, and initial implementation of a diversity. These approaches may charter school. In developing their I. Funding Opportunity Description include, for example, site-location and applications, applicants should review Purpose of Program: The purpose of transportation planning to facilitate the application package available at the CSP is to increase national charter school enrollment of students www.grants.gov for additional understanding of the charter school from different neighborhoods or information concerning the priorities, model by— communities, targeted recruitment of application requirements, and selection (1) Providing financial assistance for high-need student populations to attract the planning, program design, and criteria for this competition, as well as diverse pools of applicants to charter initial implementation of charter more detailed information on the schools, weighted admissions lotteries schools; application submission process. for educationally disadvantaged (2) Evaluating the effects of charter As in FY 2015, the Department seeks students to increase student body schools, including the effects on to achieve three main goals through this diversity in charter schools, academic students, student achievement, student competition. The first goal is to ensure themes and course offerings to attract a growth, staff, and parents; that CSP funds are directed toward the diverse group of students, or other (3) Expanding the number of high- creation of high-quality charter schools. practices, including evidence-based quality charter schools available to For example, under selection criterion practices related to serving students across the Nation; and (d) Project Design, reviewers will educationally disadvantaged students, (4) Encouraging the States to provide consider how an applicant’s CSP project such as practices designed to increase support to charter schools for facilities design furthers its overall strategy for access to rigorous coursework or financing in an amount more nearly increasing the number of high-quality intensive, near-peer mentoring for such commensurate to the amount the States charter schools in the State, including students. In addition, the dissemination have typically provided for traditional how the SEA intends to ensure that of best practices related to student public schools. subgrants will be awarded to eligible discipline and school climate may help
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prevent disproportionate suspensions compliance with applicable laws that regulations, or other policies in the State and expulsions, and increase retention govern public school closures generally, where the applicant is located require and academic performance, of and requirements for closing out CSP the following: educationally disadvantaged students subgrants properly. The Department (a) That each charter school in the enrolled in charter schools. Under encourages SEAs to develop written State— selection criterion (e), Dissemination of procedures and guidelines to assist (1) Operates under a legally binding Information and Best Practices, charter schools that close in addressing charter or performance contract between reviewers will consider the quality of various issues, including appropriate itself and the school’s authorized public the SEA’s plan for disseminating disposition of the school’s assets, chartering agency that describes the information and research on best or placement of students in other public rights and responsibilities of the school promising practices related to student schools, the transfer of student records, and the public chartering agency; discipline. Lastly, as part of our and protection of students’ personal (2) Conducts annual, timely, and commitment to transparency and information. independent audits of the school’s ensuring that charter schools are serving Priorities: This notice includes two financial statements that are filed with all students, including our Nation’s absolute priorities, two competitive the school’s authorized public high-need students, we include an preference priorities, and one chartering agency; and invitational priority designed to invitational priority. The absolute (3) Demonstrates improved student encourage applicants to describe how priorities and Competitive Preference academic achievement; and they publicly report student Priority 1 are from the notice of final (b) That all authorized public demographic information for each priorities, requirements, definitions, and chartering agencies in the State use charter school in their State, as well as selection criteria for this program, increases in student academic how they publicly report comparable published in the Federal Register on achievement for all groups of students demographic information for school June 15, 2015 (80 FR 34201) (NFP), and described in section 1111(b)(2)(C)(v) of districts and public schools in the Competitive Preference Priority 2 is the ESEA (20 U.S.C. 6311(b)(2)(C)(v)) as surrounding areas. from section 5202(e) of the ESEA (20 one of the most important factors when Although related, the goal of U.S.C. 7221a(e)(3)(B)). determining whether to renew or revoke increasing student-body diversity Absolute Priorities: For FY 2016 and a school’s charter. should not be confused with basic any subsequent year in which we make Competitive Preference Priorities: For compliance requirements related to non- awards from the list of unfunded FY 2016 and any subsequent year in discrimination. We remind applicants of applications from this competition, which we make awards based on the list the need to ensure charter school these priorities are absolute priorities. of unfunded applications from this compliance with applicable Federal and Under 34 CFR 75.105(c)(3), we consider competition, these priorities are State laws and policies, and expect only applications that meet both of the competitive preference priorities. Under grantees to include appropriate following absolute priorities. 34 CFR 75.105(c)(2)(i) we award up to oversight in their subgrantee monitoring These priorities are: an additional 15 points to an plans with respect to the following Absolute Priority 1—Periodic Review application depending on how well the areas: and Evaluation application addresses Competitive (1) For all charter schools that receive To meet this priority, the applicant Preference Priority 1, and an additional CSP or other Federal funds, compliance must demonstrate that the State five points to an application that meets with non-discrimination laws, including provides for periodic review and Competitive Preference Priority 2. the Age Discrimination Act of 1975, evaluation by the authorized public Applications addressing each of these Title VI of the Civil Rights Act of 1964, chartering agency of each charter school priorities may receive up to a total of 20 Title IX of the Education Amendments at least once every five years, unless priority points. of 1972, Section 504 of the required more frequently by State law, These priorities are: Rehabilitation Act of 1973, Part B of the and takes steps to ensure that such Competitive Preference Priority 1— Individuals with Disabilities Act (IDEA), reviews take place. The review and High-Quality Authorizing and and applicable State laws; evaluation must serve to determine Monitoring Processes (Up to 15 (2) For charter schools that are opened whether the charter school is meeting additional points) and operate as single-sex schools, the terms of the school’s charter and To meet this priority, an applicant compliance with applicable meeting or exceeding the student must demonstrate that all authorized nondiscrimination laws, including the academic achievement requirements public chartering agencies in the State Equal Protection Clause of the U.S. and goals for charter schools as set forth use one or more of the following: Constitution (as interpreted in United in the school’s charter or under State (a) Authorizing processes that States v. Virginia, 518 U.S. 515 (1996) law, a State regulation, or a State policy, establish clear criteria for evaluating and other cases) and Title IX of the provided that the student academic charter applications and include a Education Amendments of 1972 (20 achievement requirements and goals for multi-tiered clearance or review of a U.S.C. 1681 et seq.) and its charter schools established by that charter school, including a final review implementing regulations, including 34 policy meet or exceed those set forth immediately before the school opens for CFR 106.34(c). In addition, with respect under applicable State law or State its first operational year. to opening and operating co-educational regulation. This periodic review and (b) Authorizing processes that include charter schools that offer single-sex evaluation must include an opportunity differentiated review of charter petitions classes or extracurricular activities, the for the authorized public chartering to assess whether, and the extent to applicant must ensure that charter agency to take appropriate action or which, the charter school developer has schools in its State comply with the impose meaningful consequences on the been successful (as determined by the Title IX regulations at 34 CFR 106.34(b). charter school, if necessary. authorized public chartering agency) in Please see the application package for Absolute Priority 2—Charter School establishing and operating one or more further information; Oversight high-quality charter schools. (3) For charter schools that are closing To meet this priority, an application (c) Clear and specific standards and (whether voluntarily or otherwise), must demonstrate that State law, formalized processes that measure and
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benchmark the performance of the charter school is eligible to receive and how the revolving loan fund would authorized public chartering agency or Federal programs in which the charter operate; and agencies, including the performance of school may participate; and (h) Waivers: If an SEA desires the its portfolio of charter schools, and (ii) Will ensure that each charter Secretary to consider waivers under provide for the annual dissemination of school in the State receives the charter section 5204(e) of the ESEA (20 U.S.C. information on such performance. school’s commensurate share of Federal 7221c(e)), include a request and Competitive Preference Priority 2— education funds that are allocated by justification for any waiver of any One Authorized Public Chartering formula each year, including during the statutory or regulatory requirement over Agency Other Than a Local Educational first year of operation of the school. which the Secretary exercises authority Agency, or an Appeals Process (0 or 5 (c) IDEA Compliance: Describe how except any such requirement relating to points) charter schools that are considered to be the elements of a charter school To meet this priority, the applicant LEAs under State law, and LEAs in described in section 5210(1) of the must demonstrate that the State— which charter schools are located, will ESEA. (a) Provides for one authorized public comply with sections 613(a)(5) and Definitions: chartering agency that is not a local 613(e)(1)(B) of IDEA (20 U.S.C. 1400, et The following definitions are from 34 educational agency (LEA), such as a seq.). CFR 77.1, the NFP, and section 5210 of State chartering board, for each (d) Logic model: Provide a complete the CSP authorizing statute (20 U.S.C. individual or entity seeking to operate a logic model (as defined in this notice) 7221i). for the project. The logic model must charter school pursuant to State law; or Academically poor-performing address the role of the grant in (b) In the case of a State in which charter school means— promoting the State-level strategy for LEAs are the only authorized public (a) A charter school that has been in expanding the number of high-quality chartering agencies, allows for an operation for at least three years and charter schools through startup appeals process for the denial of an that— subgrants, optional dissemination application for a charter school. (1) Has been identified as being in the Invitational Priority: For FY 2016 and subgrants, optional revolving loan funds, and other strategies. lowest-performing five percent of all any subsequent year in which we make schools in the State and has failed to awards from the list of unfunded (e) Lottery and enrollment preferences: Describe (1) how lotteries improve school performance (based on applications from this competition, this the SEA’s accountability system under priority is an invitational priority. for admission to charter schools will be conducted in the State, including any the ESEA) over the past three years; and Under 34 CFR 75.105(c)(1) we do not (2) Has failed to demonstrate student give an application that meets this student enrollment preferences or exemptions from the lottery that charter academic growth of at least an average invitational priority a competitive or of one grade level for each cohort of absolute preference over other schools are required or expressly permitted by the State to employ; and students in each of the past three years, applications. as demonstrated by statewide or other This priority is: (2) any mechanisms that exist for the assessments approved by the authorized Public Reporting of Charter School SEA or authorized public chartering public chartering agency; or Demographics agency to review, monitor, or approve The Secretary encourages projects that such lotteries or student enrollment (b) An SEA may use an alternative specify how, on an annual basis, the preferences or exemptions from the definition for academically poor- SEA publicly reports, or will publicly lottery. In addition, the SEA must performing charter school, provided that report, on student demographics (e.g., provide an assurance that it will require the SEA provides (1) the specific socioeconomic status, race, ethnicity, each applicant for a CSP subgrant to definition it proposes to use; and (2) a English language learner status, and include in its application descriptions written explanation of how the disability status) of each charter school of its recruitment and admissions proposed definition is at least as in the State, and how the SEA publicly policies and practices, including a rigorous as the standard in paragraph reports comparable data for school description of the proposed lottery and (a). districts and public schools in the any enrollment preferences or Ambitious means promoting surrounding areas. exemptions from the lottery the charter continued, meaningful improvement for Application Requirements: school employs or plans to employ, and program participants or for other Applications for funding under the how those enrollment preferences or individuals or entities affected by the CSP Grants for SEAs program must exemptions are consistent with State grant, or representing a significant address the application requirements law and the CSP authorizing statute (for advancement in the field of education described below. information related to admissions and research, practices, or methodologies. These application requirements are lotteries under the CSP, please see When used to describe a performance from sections 5203(b) and 5204(e) and section E of the CSP Nonregulatory target, whether a performance target is (f) of the ESEA (20 U.S.C. 7221b(b), Guidance (January 2014) at ambitious depends upon the context of 7221c(e) and (f)), and the NFP. An www2.ed.gov/programs/charter/ the relevant performance measure and applicant may choose to respond to the nonregulatory-guidance.html). the baseline for that measure. application requirements in the context (f) Objectives: Describe the objectives Baseline means the starting point of its responses to the selection criteria, of the SEA’s charter school grant from which performance is measured when applicable. program and how these objectives will and targets are set. (a) Disseminating best practices: be fulfilled, including steps taken by the Developer means an individual or Describe how the SEA will disseminate SEA to inform teachers, parents, and group of individuals (including a public best or promising practices of charter communities of the SEA’s charter school or private nonprofit organization), schools to each LEA in the State. grant program; which may include teachers, (b) Federal funds and programs: (g) Revolving loan fund: If an SEA administrators and other school staff, Describe how the SEA— elects to reserve a portion of its grant parents, or other members of the local (i) Will inform each charter school in funds (no more than 10 percent) to community in which a charter school the State regarding Federal funds the establish a revolving loan fund, describe project will be carried out.
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Educationally disadvantaged students school, provided that the SEA provides Estimated Available Funds: means economically disadvantaged (1) the specific definition it proposes to $160,000,000. students, students with disabilities, use; and (2) a written explanation of Estimated Range of Awards: migrant students, limited English how the proposed definition is at least $2,000,000 to $42,000,000 per year. proficient students (also referred to as as rigorous as the standard in paragraph Estimated Average Size of Awards: English learners or English language (a). $10,000,000 per year. learners), neglected or delinquent Logic model (also referred to as theory Estimated Number of Awards: 8 to 12. students, or homeless students. of action) means a well-specified Note: The Department is not bound by any Eligible applicant means a developer conceptual framework that identifies estimates in this notice. The estimated range that has (a) applied to an authorized key components of the proposed and average size of awards are based on a public chartering authority to operate a process, product, strategy, or practice single 12-month budget period. charter school; and (b) provided (i.e., the active ‘‘ingredients’’ that are adequate and timely notice to that hypothesized to be critical to achieving Project Period: Up to 36 months. authority under section 5203(d)(3) of the the relevant outcomes) and describes Note: SEAs may award planning and ESEA. the relationships among the key implementation subgrants to eligible High-quality charter school means— components and outcomes, theoretically applicants for a period of up to three years, (a) A charter school that shows and operationally. no more than 18 months of which may be evidence of strong academic results for Performance measure means any used for planning and program design and no more than two years of which may be used the past three years (or over the life of quantitative indicator, statistic, or the school, if the school has been open for the initial implementation of a charter metric used to gauge program or project school. SEAs may award dissemination for fewer than three years), based on the performance. subgrants to eligible charter schools for a following factors: Performance target means a level of period of up to two years. (1) Increased student academic performance that an applicant would Maximum Award: There is no achievement and attainment (including, seek to meet during the course of a maximum award amount for this if applicable and available, high school project or as a result of a project. competition. See Reasonable and graduation rates and college and other Relevant outcome means the student Necessary Costs in section III.3.(a) postsecondary education enrollment outcome(s) (or the ultimate outcome if below, however, for information rates) for all students, including, as not related to students), the proposed regarding the maximum amount of applicable, educationally disadvantaged process, product, strategy, or practice is funds that SEAs may award for each students served by the charter school; designed to improve; consistent with planning, program design, and initial (2) Either— the specific goals of a program. implementation subgrant. (i) Demonstrated success in closing Significant compliance issue means a historic achievement gaps for the violation that did, will, or could (if not III. Eligibility Information subgroups of students described in addressed or if it represents a pattern of 1. Eligible Applicants: SEAs in States section 1111(b)(2)(C)(v)(II) of the ESEA repeated misconduct or material non- (20 U.S.C. 6311(b)(2)(C)(v)(II)) at the with a State statute specifically compliance) lead to the revocation of a authorizing the establishment of charter charter school; or school’s charter by the authorizer. (ii) No significant achievement gaps schools. between any of the subgroups of Program Authority: The CSP is authorized Note: Non-SEA eligible applicants in States students described in section under Title V, Part B, Subpart 1 of the ESEA in which the SEA elects not to participate in 1111(b)(2)(C)(v)(II) of the ESEA (20 (20 U.S.C. 7221–7221j); and the Consolidated or does not have an application approved Appropriations Act, 2016, Pub. L. 114–113 under the CSP may apply for funding directly U.S.C. 6311) at the charter school and (FY 2016 Appropriations Act). significant gains in student academic from the Department. The Department plans achievement for all populations of Applicable Regulations: (a) The to announce two separate competitions for students served by the charter school; Education Department General CSP grants to non-SEA eligible applicants Administrative Regulations (EDGAR) in later in the year, under CFDA numbers (3) Results (including, if applicable 84.282B (Non-SEA Planning, Program and available, performance on statewide 34 CFR parts 75, 76, 77, 79, 81, 82, 84, Design, and Initial Implementation grants) tests, annual student attendance and 86, 97, 98, and 99. (b) The Office of and 84.282C (Non-SEA Dissemination retention rates, high school graduation Management and Budget Guidelines to grants). Additional information about the rates, college and other postsecondary Agencies on Governmentwide competitions for non-SEA eligible applicants education attendance rates, and college Debarment and Suspension is available at http://innovation.ed.gov/what- and other postsecondary education (Nonprocurement) in 2 CFR part 180, as we-do/charter-schools/charter-schools- persistence rates) for low-income and adopted and amended as regulations of program-non-state-educational-agencies-non- other educationally disadvantaged the Department in 2 CFR part 3485. (c) sea-planning-program-design-and-initial- implementation-grant. students served by the charter school The Uniform Administrative that are above the average academic Requirements, Cost Principles, and 2. Cost Sharing or Matching: This achievement results for such students in Audit Requirements for Federal Awards program does not require cost sharing or the State; in 2 CFR part 200, as adopted and matching. (4) Results on a performance amended in 2 CFR 3474. (d) The NFP. 3. Other: framework established by the State or Note: The regulations in 34 CFR part 79 (a) Reasonable and Necessary Costs: authorized public chartering agency for apply to all applicants except federally The Secretary may elect to impose the purpose of evaluating charter school recognized Indian tribes. maximum limits on the amount of quality; and subgrant funds that an SEA may award (5) No significant compliance issues, Note: The regulations in 34 CFR part 86 to an eligible entity. particularly in the areas of student apply only to institutions of higher For CSP grants awarded under this safety, financial management, and education. competition, the maximum amount of equitable treatment of students; or subgrant funds that an SEA may award (b) An SEA may use an alternative II. Award Information to an eligible entity for planning, definition for high-quality charter Type of Award: Discretionary grant. program design, and initial
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implementation of a single charter • A ‘‘page’’ is 8.5″ x 11″, on one side in connection with the application school is $800,000. only, with 1″ margins at the top, bottom, process should contact the person listed (b) Other CSP Grants: A charter and both sides. under FOR FURTHER INFORMATION school that receives or has received CSP • Double space (no more than three CONTACT in section VII of this notice. If funds for planning, program design, or lines per vertical inch) all text in the the Department provides an initial implementation under section application narrative, including titles, accommodation or auxiliary aid to an 5202(c)(2) of the ESEA (CFDA No. headings, footnotes, quotations, individual with a disability in 84.282B), or for the replication or references, and captions, as well as all connection with the application expansion of a high-quality charter text in charts, tables, figures, and process, the individual’s application school under one of the Department’s graphs. remains subject to all other Appropriations Acts 1 (CFDA No. • Use a font that is either 12 point or requirements and limitations in this 84.282M), is not eligible to receive larger or no smaller than 10 pitch notice. subgrant funds from an SEA under this (characters per inch). Deadline for Intergovernmental program for the same or a substantially • Use one of the following fonts: Review: July 30, 2016. similar purpose. Times New Roman, Courier, Courier 4. Intergovernmental Review: This Likewise, a charter school that New, or Arial. An application submitted competition is subject to Executive receives or has received subgrant funds in any other font (including Times Order 12372 and the regulations in 34 from an SEA under this program is Roman or Arial Narrow) will not be CFR part 79. Information about ineligible to receive other CSP funds for accepted. Intergovernmental Review of Federal the same or a substantially similar The page limit does not apply to Part Programs under Executive Order 12372 purpose under section 5202(c)(2) of the I, the cover sheet; Part II, the budget is in the application package for this ESEA, including for planning, program section, including the narrative budget program. design, or the initial implementation of justification; Part IV, the assurances and 5. Funding Restrictions: Grant funds a charter school (CFDA No. 84.282B), or certifications; or the one-page abstract, must be used to carry out allowable for the replication or expansion of a the resumes, the bibliography, or the activities, as described in section 5204(f) high-quality charter school (CFDA No. letters of support. However, the page of the ESEA (20 U.S.C. 7221c(f)). The 84.282M) under one of the Department’s limit does apply to all of the application following funding restrictions apply to Appropriations Acts. narrative section (Part III). this competition: 3. Submission Dates and Times: Planning and Implementation IV. Application and Submission Applications Available: April 21, Subgrants: An eligible applicant Information 2016. receiving a subgrant under this program 1. Address To Request Application Date of Pre-Application Webinar: The may use the subgrant funds only for— Package: Kathryn Meeley, U.S. Department will hold a pre-application (a) Post-award planning and design of Department of Education, 400 Maryland Webinar for prospective applicants from the educational program, which may Avenue SW., Room 4W257, 2:00 p.m.–4:00 p.m. on April 26, 2016. include (i) refinement of the desired Washington, DC 20202–5970. Individuals interested in participating educational results and of the methods Telephone: (202) 453–6818 or by email: in this Webinar are encouraged to pre- for measuring progress toward achieving [email protected]. register through our Web site at those results; and (ii) professional If you use a telecommunications (https://educateevents.webex.com/ development of teachers and other staff device for the deaf (TDD) or a text educateevents/onstage/ who will work in the charter school; telephone (TTY), call the Federal Relay g.php?d=743947188&t=a). There is no and Service (FRS), toll free, at 1–800–877– registration fee for participating in this (b) Initial implementation of the 8339. Webinar. charter school, which may include (i) Individuals with disabilities can For further information about the pre- informing the community about the obtain a copy of the application package application Webinar, contact Kathryn school; (ii) acquiring necessary in an accessible format (e.g., braille, Meeley, U.S. Department of Education, equipment and educational materials large print, audiotape, or compact disc) 400 Maryland Avenue SW., Room and supplies; (iii) acquiring or by contacting the program contact 4W257, Washington, DC 20202–5970. developing curriculum materials; and person listed in this section. Telephone: (202) 453–6818 or by email: (iv) other initial operational costs that 2. Content and Form of Application [email protected]. cannot be met from State or local Submission: Requirements concerning Deadline for Transmittal of sources. (20 U.S.C. 7221c(f)(3)) the content of an application, together Applications: June 1, 2016. The FY 2016 Appropriations Act with the forms you must submit, are in Applications for grants under this authorizes the use of CSP funds ‘‘for the application package for this competition must be submitted grants that support preschool education competition. electronically using the Grants.gov in charter schools.’’ Accordingly, an Page Limit: The application narrative Apply site (Grants.gov). For information application submitted under this (Part III of the application) is where you, (including dates and times) about how competition may propose to use CSP the applicant, address the selection to submit your application funds to support preschool education in criteria that reviewers use to evaluate electronically, or in paper format by charter schools. For information on the your application. We recommend that mail or hand delivery if you qualify for use of CSP funds to support preschool you limit the application narrative (Part an exception to the electronic education in charter schools, see III) to no more than 60 pages, using the submission requirement, please refer to ‘‘Guidance on the Use of Funds to following standards: section IV. 7. Other Submission Support Preschool Education’’ at Requirements of this notice. www2.ed.gov/programs/charter/ 1 Beginning with the Consolidated We do not consider an application csppreschoolfaqs.doc. Appropriations Act, 2010, Public Law 111–117, that does not comply with the deadline Dissemination Subgrants: An SEA each of the Department’s appropriations acts through the FY 2016 Appropriations Act has requirements. may reserve not more than 10 percent of authorized the Secretary to award grants for the Individuals with disabilities who its grant funds to make subgrants to replication and expansion of charter schools. need an accommodation or auxiliary aid eligible charter schools to carry out
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dissemination activities. A charter Government’s primary registrant competition must be submitted school may use dissemination subgrant database; electronically unless you qualify for an funds to assist other schools in adapting c. Provide your DUNS number and exception to this requirement in the charter school’s program (or certain TIN on your application; and accordance with the instructions in this aspects of the charter school’s program) d. Maintain an active SAM section. or to disseminate information about the registration with current information a. Electronic Submission of charter school through such activities while your application is under review Applications as— by the Department and, if you are (a) Assisting other individuals with awarded a grant, during the project Applications for grants under the CSP the planning and start-up of one or more period. Grants for SEAs competition, CFDA new public schools, including charter You can obtain a DUNS number from number 84.282A, must be submitted schools, that are independent of the Dun and Bradstreet at the following electronically using the assisting charter school and the assisting Web site: http://fedgov.dnb.com/ Governmentwide Grants.gov Apply site charter school’s developers and that webform. A DUNS number can be at www.Grants.gov. Through this site, agree to be held to at least as high a level created within one to two business days. you will be able to download a copy of of accountability as the assisting charter If you are a corporate entity, agency, the application package, complete it school; institution, or organization, you can offline, and then upload and submit (b) Developing partnerships with obtain a TIN from the Internal Revenue your application. You may not email an other public schools, including charter Service. If you are an individual, you electronic copy of a grant application to schools, designed to improve student can obtain a TIN from the Internal us. academic achievement in each of the Revenue Service or the Social Security We will reject your application if you schools participating in the partnership; Administration. If you need a new TIN, submit it in paper format unless, as (c) Developing curriculum materials, please allow two to five weeks for your described elsewhere in this section, you assessments, and other materials that TIN to become active. qualify for one of the exceptions to the promote increased student achievement The SAM registration process can take electronic submission requirement and and are based on successful practices approximately seven business days, but submit, no later than two weeks before within the assisting charter school; and may take upwards of several weeks, the application deadline date, a written (d) Conducting evaluations and depending on the completeness and statement to the Department that you developing materials that document the accuracy of the data you enter into the qualify for one of these exceptions. successful practices of the assisting SAM database. Thus, if you think you Further information regarding charter school and that are designed to might want to apply for Federal calculation of the date that is two weeks improve student achievement. financial assistance under a program before the application deadline date is Award Basis. In determining whether administered by the Department, please provided later in this section under to approve a grant award and the allow sufficient time to obtain and Exception to Electronic Submission amount of such award, the Department register your DUNS number and TIN. Requirement. will consider, among other things, the We strongly recommend that you You may access the electronic grant amount of any unobligated carryover register early. application for CSP Grants for SEAs funds the applicant has under an competition at www.Grants.gov. You existing CSP grant and the applicant’s Note: Once your SAM registration is active, must search for the downloadable performance and use of funds under a it may be 24 to 48 hours before you can application package for this competition access the information in, and submit an by the CFDA number. Do not include previous or existing award under any application through, Grants.gov. Department program (34 CFR the CFDA number’s alpha suffix in your 75.217(d)(3)(ii) and 75.233(b)). In If you are currently registered with search (e.g., search for 84.282, not assessing the applicant’s performance SAM, you may not need to make any 84.282A). and use of funds under a previous or changes. However, please make certain Please note the following: • existing award, the Secretary will that the TIN associated with your DUNS When you enter the Grants.gov site, consider, among other things, the number is correct. Also note that you you will find information about outcomes the applicant has achieved will need to update your registration submitting an application electronically and the results of any Departmental annually. This may take three or more through the site, as well as the hours of grant monitoring, including the business days. operation. • applicant’s progress in remedying any Information about SAM is available at Applications received by Grants.gov deficiencies identified in such www.SAM.gov. To further assist you are date and time stamped. Your monitoring. with obtaining and registering your application must be fully uploaded and We reference additional regulations DUNS number and TIN in SAM or submitted and must be date and time outlining funding restrictions in the updating your existing SAM account, stamped by the Grants.gov system no Applicable Regulations section of this we have prepared a SAM.gov Tip Sheet, later than 4:30:00 p.m., Washington, DC notice. which you can find at: www2.ed.gov/ time, on the application deadline date. 6. Data Universal Numbering System fund/grant/apply/sam-faqs.html. Except as otherwise noted in this Number, Taxpayer Identification In addition, if you are submitting your section, we will not accept your Number, and System for Award application via Grants.gov, you must (1) application if it is received—that is, date Management: To do business with the be designated by your organization as an and time stamped by the Grants.gov Department of Education, you must— Authorized Organization Representative system—after 4:30:00 p.m., Washington, a. Have a Data Universal Numbering (AOR); and (2) register yourself with DC time, on the application deadline System (DUNS) number and a Taxpayer Grants.gov as an AOR. Details on these date. We do not consider an application Identification Number (TIN); steps are outlined at the following that does not comply with the deadline b. Register both your DUNS number Grants.gov Web page: www.grants.gov/ requirements. When we retrieve your and TIN with the System for Award web/grants/register.html. application from Grants.gov, we will Management (SAM) (formerly the 7. Other Submission Requirements. notify you if we are rejecting your Central Contractor Registry), the Applications for grants under this application because it was date and time
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stamped by the Grants.gov system after • Your electronic application must following the mailing instructions 4:30:00 p.m., Washington, DC time, on comply with any page-limit described elsewhere in this notice. the application deadline date. requirements described in this notice. If you submit an application after • The amount of time it can take to • After you electronically submit 4:30:00 p.m., Washington, DC time, on upload an application will vary your application, you will receive from the application deadline date, please depending on a variety of factors, Grants.gov an automatic notification of contact the person listed under FOR including the size of the application and receipt that contains a Grants.gov FURTHER INFORMATION CONTACT in the speed of your Internet connection. tracking number. This notification section VII of this notice and provide an Therefore, we strongly recommend that indicates receipt by Grants.gov only, not explanation of the technical problem you do not wait until the application receipt by the Department. Grants.gov you experienced with Grants.gov, along deadline date to begin the submission will also notify you automatically by with the Grants.gov Support Desk Case process through Grants.gov. email if your application met all the Number. We will accept your • You should review and follow the Grants.gov validation requirements or if application if we can confirm that a Education Submission Procedures for there were any errors (such as technical problem occurred with the submitting an application through submission of your application by Grants.gov system and that the problem Grants.gov that are included in the someone other than a registered affected your ability to submit your application package for this competition Authorized Organization application by 4:30:00 p.m., to ensure that you submit your Representative, or inclusion of an Washington, DC time, on the application in a timely manner to the attachment with a file name that application deadline date. We will Grants.gov system. You can also find the contains special characters). You will be contact you after we determine whether Education Submission Procedures given an opportunity to correct any your application will be accepted. pertaining to Grants.gov under News errors and resubmit, but you must still meet the deadline for submission of Note: The extensions to which we refer in and Events on the Department’s G5 this section apply only to the unavailability system home page at www.G5.gov. In applications. Once your application is successfully of, or technical problems with, the Grants.gov addition, for specific guidance and system. We will not grant you an extension validated by Grants.gov, the Department procedures for submitting an if you failed to fully register to submit your will retrieve your application from application through Grants.gov, please application to Grants.gov before the Grants.gov and send you an email with refer to the Grants.gov Web site at: application deadline date and time or if the a unique PR/Award number for your www.grants.gov/web/grants/applicants/ technical problem you experienced is application. unrelated to the Grants.gov system. apply-for-grants.html. These emails do not mean that your • Exception to Electronic Submission You will not receive additional application is without any disqualifying Requirement: You qualify for an point value because you submit your errors. While your application may have exception to the electronic submission application in electronic format, nor been successfully validated by requirement, and may submit your will we penalize you if you qualify for Grants.gov, it must also meet the application in paper format, if you are an exception to the electronic Department’s application requirements submission requirement, as described as specified in this notice and in the unable to submit an application through elsewhere in this section, and submit the Grants.gov system because— application instructions. Disqualifying • your application in paper format. errors could include, for instance, You do not have access to the • You must submit all documents Internet; or failure to upload attachments in a read- • electronically, including all information only, non-modifiable PDF; failure to You do not have the capacity to you typically provide on the following submit a required part of the upload large documents to the forms: The Application for Federal application; or failure to meet applicant Grants.gov system; Assistance (SF 424), the Department of eligibility requirements. It is your and Education Supplemental Information for responsibility to ensure that your • No later than two weeks before the SF 424, Budget Information—Non- submitted application has met all of the application deadline date (14 calendar Construction Programs (ED 524), and all Department’s requirements. days or, if the fourteenth calendar day necessary assurances and certifications. • We may request that you provide us before the application deadline date • You must upload any narrative original signatures on forms at a later falls on a Federal holiday, the next sections and all other attachments to date. business day following the Federal your application as files in a read-only, Application Deadline Date Extension holiday), you mail or fax a written non-modifiable Portable Document in Case of Technical Issues With the statement to the Department, explaining Format (PDF). Do not upload an Grants.gov System: If you are which of the two grounds for an interactive or fillable PDF file. If you experiencing problems submitting your exception prevents you from using the upload a file type other than a read- application through Grants.gov, please Internet to submit your application. only, non-modifiable PDF (e.g., Word, contact the Grants.gov Support Desk, If you mail your written statement to Excel, WordPerfect, etc.) or submit a toll free, at 1–800–518–4726. You must the Department, it must be postmarked password-protected file, we will not obtain a Grants.gov Support Desk Case no later than two weeks before the review that material. Please note that Number and must keep a record of it. If application deadline date. If you fax this could result in your application not you are prevented from electronically your written statement to the being considered for funding because submitting your application on the Department, we must receive the faxed the material in question—for example, application deadline date because of statement no later than two weeks the project narrative—is critical to a technical problems with the Grants.gov before the application deadline date. meaningful review of your proposal. For system, we will grant you an extension Address and mail or fax your that reason, it is important to allow until 4:30:00 p.m., Washington, DC statement to: Kathryn Meeley, U.S. yourself adequate time to upload all time, the following business day to Department of Education, 400 Maryland material as PDF files. The Department enable you to transmit your application Avenue SW., Room 4W257, will not convert material from other electronically or by hand delivery. You Washington, DC 20202–5970. FAX: formats to PDF. also may mail your application by (202) 205–5630.
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Your paper application must be Note for Mail or Hand Delivery of (including key actions) to support the submitted in accordance with the mail Paper Applications: If you mail or hand creation of high-quality charter schools or hand-delivery instructions described deliver your application to the during the project period, including a in this notice. Department— reasonable estimate of the number of (1) You must indicate on the envelope high-quality charter schools in the State b. Submission of Paper Applications by and—if not provided by the at both the beginning and the end of the Mail Department—in Item 11 of the SF 424 project period; and If you qualify for an exception to the the CFDA number, including suffix (2) The ambitiousness, quality of electronic submission requirement, you letter, if any, of the competition under vision, and feasibility of the SEA’s plan may mail (through the U.S. Postal which you are submitting your (including key actions) to support the Service or a commercial carrier) your application; and closure of academically poor- application to the Department. You (2) The Application Control Center performing charter schools in the State must mail the original and two copies will mail to you a notification of receipt (i.e., through revocation, non-renewal, of your application, on or before the of your grant application. If you do not or voluntary termination of a charter) application deadline date, to the receive this notification within 15 during the project period. Department at the following address: business days from the application (c) Past Performance. (NFP) The U.S. Department of Education, deadline date, you should call the U.S. Secretary considers the past Application Control Center, Attention: Department of Education Application performance of charter schools in a CFDA Number 84.282A, LBJ Basement Control Center at (202) 245–6288. State that enacted a charter school law Level 1, 400 Maryland Avenue SW., for the first time five or more years V. Application Review Information Washington, DC 20202–4260. before submission of its application. In You must show proof of mailing 1. Selection Criteria: The selection determining the past performance of consisting of one of the following: criteria for this program are from the charter schools in such a State, the (1) A legibly dated U.S. Postal Service NFP, section 5204(a) of the ESEA (20 Secretary considers the following postmark. U.S.C. 7221c), and 34 CFR 75.210. Peer factors: (2) A legible mail receipt with the reviewers will use the Scoring (1) The extent to which there has been date of mailing stamped by the U.S. Allocation Chart in the Appendix to this a demonstrated increase, for each of the Postal Service. notice in evaluating an SEA’s response past five years, in the number and (3) A dated shipping label, invoice, or and assigning points to each selection percentage of high-quality charter receipt from a commercial carrier. criterion. The maximum possible score schools (as defined in this notice) in the (4) Any other proof of mailing for addressing each criterion and its State; and acceptable to the Secretary of the U.S. component factors (if applicable) is (2) The extent to which there has been Department of Education. provided in the Appendix. a demonstrated reduction, for each of If you mail your application through the past five years, in the number and Note: The Secretary does not consider percentage of academically poor- the U.S. Postal Service, we do not selection criterion (c) Past Performance in accept either of the following as proof evaluating the application submitted by an performing charter schools (as defined of mailing: SEA in a State that enacted a charter school in this notice) in the State. (d) Project Design. (NFP) The (1) A private metered postmark. law for the first time less than five years Secretary considers the quality of the (2) A mail receipt that is not dated by before the closing date of this competition. design of the SEA’s charter school the U.S. Postal Service. Accordingly, such an SEA should not address this criterion in its application. To subgrant program, including the extent Note: The U.S. Postal Service does not enable the Secretary to determine whether to to which the project design furthers the uniformly provide a dated postmark. Before consider criterion (c), an SEA should provide SEA’s overall strategy for increasing the relying on this method, you should check in its application the date that its State first number of high-quality charter schools with your local post office. enacted a charter school law and relevant in the State and improving student supporting documentation. We will not consider applications academic achievement. In determining postmarked after the application In evaluating an application, the the quality of the project design, the deadline date. Secretary considers the following Secretary considers the following selection criteria: factors: c. Submission of Paper Applications by (a) Educationally Disadvantaged Hand Delivery (1) The quality of the SEA’s process Students. (20 U.S.C. 7221c) The for awarding subgrants for planning, If you qualify for an exception to the Secretary considers the contribution program design, and initial electronic submission requirement, you that the charter schools grant program implementation and, if applicable, for (or a courier service) may deliver your will make to assisting educationally dissemination, including— paper application to the Department by disadvantaged and other students in (i) The subgrant application and peer hand. You must deliver the original and meeting State academic content review process, timelines for these two copies of your application by hand, standards and State student academic processes, and how the SEA intends to on or before the application deadline achievement standards. ensure that subgrants will be awarded to date, to the Department at the following (b) Vision for Growth and eligible applicants demonstrating the address: U.S. Department of Education, Accountability. (NFP) The Secretary capacity to create high-quality charter Application Control Center, Attention: determines the quality of the statewide schools; and CFDA Number 84.282A, 550 12th Street vision, including the role of the SEA, for (ii) A reasonable year-by-year SW., Room 7039, Potomac Center Plaza, charter school growth and estimate, with supporting evidence, of Washington, DC 20202–4260. accountability. In determining the (a) the number of subgrants the SEA The Application Control Center quality of the statewide vision, the expects to award during the project accepts hand deliveries daily between Secretary considers the following period and the average size of those 8:00 a.m. and 4:30:00 p.m., Washington, factors: subgrants, including an explanation of DC time, except Saturdays, Sundays, (1) The ambitiousness, quality of any assumptions upon which the and Federal holidays. vision, and feasibility of the SEA’s plan estimates are based; and (b) if the SEA
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has previously received a CSP grant, the disadvantaged students, consistent with policy context for charter schools under percentage of eligible applicants that applicable law; the proposed project. In determining the were awarded subgrants and how this (ii) Establishing measureable policy context for charter schools under percentage related to the overall quality academic and operational performance the proposed project, the Secretary of the applicant pool. expectations for all charter schools considers the following factors: (2) The process for monitoring CSP (including alternative charter schools, (1) The degree of flexibility afforded subgrantees. virtual charter schools, and charter to charter schools under the State’s (e) Dissemination of Information and schools that include pre-kindergarten, if charter school law, including— Best Practices. (NFP) The Secretary such schools exist in the State) that are (i) The extent to which charter considers the quality of the SEA’s plan consistent with the definition of high- schools in the State are exempt from to disseminate information about quality charter school as defined in this State or local rules that inhibit the charter schools and best or promising notice; flexible operation and management of practices of successful charter schools to (iii) Providing, on an annual basis, public schools; and each LEA in the State as well as to public reports on the performance of (ii) The extent to which charter charter schools, other public schools, their portfolios of charter schools, schools in the State have a high degree and charter school developers (20 U.S.C. including the performance of each of autonomy, including autonomy over 7221b(b)(2)(C) and 7221(c)(f)(6)). If an individual charter school with respect the charter school’s budget, expenditures, staffing, procurement, and SEA proposes to use a portion of its to meeting the terms of, and curriculum; and grant funds for dissemination subgrants expectations set forth in, the school’s charter or performance contract; and (2) The quality of the SEA’s plan to under section 5204(f)(6)(B) of the ESEA ensure that charter schools that are (20 U.S.C. 7221c(f)(6)(B)), the SEA (iv) Supporting charter school autonomy while holding charter schools considered to be LEAs under State law should incorporate these subgrants into and LEAs in which charter schools are the overall plan for dissemination. In accountable for results and meeting the terms of their charters or performance located will comply with sections determining the quality of the SEA’s 613(a)(5) and 613(e)(1)(B) of IDEA (20 plan to disseminate information about contracts. (2) The Secretary considers the U.S.C. 1400, et seq.), the Age charter schools and best or promising quality of the SEA’s plan (including any Discrimination Act of 1975 (42 U.S.C. practices of successful charter schools, use of grant administrative or other 6101, et seq.), title VI of the Civil Rights the Secretary considers the following funds) to monitor, evaluate, assist, and Act of 1964 (42 U.S.C. 2000d, et seq.), factors: hold accountable authorized public title IX of the Education Amendments of (1) The extent to which the SEA will chartering agencies. In determining the 1972 (20 U.S.C. 1681, et seq.), and serve as a leader in the State for quality of the SEA’s plan to provide section 504 of the Rehabilitation Act of identifying and disseminating oversight to authorized public 1973 (29 U.S.C. 794). information and research (which may chartering agencies, the Secretary 2. Review and Selection Process: We include, but is not limited to, providing considers how well the SEA’s plan will remind potential applicants that in technical assistance) about best or ensure that authorized public chartering reviewing applications in any promising practices in successful agencies are— discretionary grant competition, the charter schools, including how the SEA (i) Seeking and approving charter Secretary may consider, under 34 CFR will use measures of efficacy and data school petitions from developers that 75.217(d)(3), the past performance of the in identifying such practices and have the capacity to create charter applicant in carrying out a previous assessing the impact of its schools that can become high-quality award, such as the applicant’s use of dissemination activities. charter schools; funds, achievement of project (2) The quality of the SEA’s plan for (ii) Monitoring their charter schools objectives, and compliance with grant disseminating information and research on at least an annual basis, including conditions. The Secretary may also on best or promising practices in charter conducting an in-depth review of each consider whether the applicant failed to schools related to student discipline and charter school at least once every five submit a timely performance report or school climate. years, to ensure that charter schools are submitted a report of unacceptable (f) Oversight of Authorized Public meeting the terms of their charter or quality. Chartering Agencies. (NFP) performance contracts and complying In addition, in making a competitive (1) The Secretary considers the with applicable State and Federal laws; grant award, the Secretary requires quality of the SEA’s plan (including any (iii) Using increases in student various assurances including those use of grant administrative or other academic achievement as one of the applicable to Federal civil rights laws funds) to monitor, evaluate, assist, and most important factors in renewal that prohibit discrimination in programs hold accountable authorized public decisions; basing renewal decisions on or activities receiving Federal financial chartering agencies. In determining the a comprehensive set of criteria, which assistance from the Department of quality of the SEA’s plan to provide are set forth in the charter or Education (34 CFR 100.4, 104.5, 106.4, oversight to authorized public performance contract; and revoking, not 108.8, and 110.23). chartering agencies, the Secretary renewing, or encouraging the voluntary 3. Risk Assessment and Special considers how well the SEA’s plan will termination of charters held by Conditions: Consistent with 2 CFR ensure that authorized public chartering academically poor-performing charter 200.205, before awarding grants under agencies are— schools; and this competition the Department (i) Approving charter school petitions (iv) Ensuring the continued conducts a review of the risks posed by with design elements that incorporate accountability of charter schools during applicants. Under 2 CFR 3474.10, the evidence-based school models and any transition to new State assessments Secretary may impose special practices, including, but not limited to, or accountability systems, including conditions and, in appropriate school models and practices that focus those based on college- and career-ready circumstances, high-risk conditions on a on racial and ethnic diversity in student standards. grant if the applicant or grantee is not bodies and diversity in student bodies (g) Policy Context for Charter Schools. financially stable; has a history of with respect to educationally (NFP) The Secretary considers the unsatisfactory performance; has a
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financial or other management system rules that inhibit flexible operation, are (4) Data Collection. The applicant that does not meet the standards in 2 held accountable for enabling students must also describe in the application: (i) CFR part 200, subpart D; has not to reach challenging State performance The data collection and reporting fulfilled the conditions of a prior grant; standards, and are open to all students. methods the applicant would use and or is otherwise not responsible. The Secretary has established two why those methods are likely to yield performance indicators to measure reliable, valid, and meaningful VI. Award Administration Information progress towards this goal: (1) The performance data, and (ii) the 1. Award Notices: If your application number of charter schools in operation applicant’s capacity to collect and is successful, we notify your U.S. around the Nation, and (2) the report reliable, valid, and meaningful Representative and U.S. Senators and percentage of fourth- and eighth-grade performance data, as evidenced by high- send you a Grant Award Notification charter school students who are quality data collection, analysis, and (GAN); or we may send you an email achieving at or above the proficient reporting in other projects or research. containing a link to access an electronic level on State assessments in Note: If the applicant does not have version of your GAN. We may notify mathematics and reading/language arts. experience with collection and reporting of you informally, also. Additionally, the Secretary has performance data through other projects or If your application is not evaluated or established the following measure to research, the applicant should provide other not selected for funding, we notify you. examine the efficiency of the CSP: evidence of capacity to successfully carry out 2. Administrative and National Policy Federal cost per student in data collection and reporting for their proposed project. Requirements: We identify implementing a successful school administrative and national policy (defined as a school in operation for All grantees must submit an annual requirements in the application package three or more consecutive years). performance report with information and reference these and other that is responsive to these performance (b) Project-Specific Performance requirements in the Applicable measures. Regulations section of this notice. Measures. Applicants must propose 5. Continuation Awards: In making a We reference the regulations outlining project-specific performance measures continuation award under 34 CFR the terms and conditions of an award in and performance targets consistent with 75.253, the Secretary considers, among the Applicable Regulations section of the objectives of the proposed project. other things: Whether a grantee has this notice and include these and other Applications must provide the made substantial progress in achieving specific conditions in the GAN. The following information as directed under the goals and objectives of the project; GAN also incorporates your approved 34 CFR 75.110(b) and (c): whether the grantee has expended funds application as part of your binding (1) Performance measures. How each in a manner that is consistent with its commitments under the grant. proposed performance measure (as approved application and budget; and, 3. Reporting: (a) If you apply for a defined in this notice) would accurately if the Secretary has established grant under this competition, you must measure the performance of the project performance measurement ensure that you have in place the and how the proposed performance requirements, the performance targets necessary processes and systems to measure would be consistent with the in the grantee’s approved application. comply with the reporting requirements performance measures established for In making a continuation award, the in 2 CFR part 170 should you receive the program funding the competition. Secretary also considers whether the funding under the competition. This (2) Baseline data. (i) Why each grantee is operating in compliance with does not apply if you have an exception proposed baseline (as defined in this the assurances in its approved under 2 CFR 170.110(b). notice) is valid; or (ii) If the applicant application, including those applicable (b) At the end of your project period, has determined that there are no to Federal civil rights laws that prohibit you must submit a final performance established baseline data for a particular discrimination in programs or activities report, including financial information, performance measure, an explanation of receiving Federal financial assistance as directed by the Secretary. If you why there is no established baseline and from the Department (34 CFR 100.4, receive a multiyear award, you must of how and when, during the project 104.5, 106.4, 108.8, and 110.23). submit an annual performance report period, the applicant would establish a 6. Project Director’s Meeting: that provides the most current valid baseline for the performance Applicants approved for funding under performance and financial expenditure measure. this competition must attend a two-day information as directed by the Secretary meeting for project directors at a under 34 CFR 75.118. The Secretary (3) Performance targets. Why each location to be determined in the may also require more frequent proposed performance target (as defined continental United States during each performance reports under 34 CFR in this notice) is ambitious (as defined year of the project. Applicants may 75.720(c). For specific requirements on in this notice), yet achievable, compared include the cost of attending this reporting, please go to www.ed.gov/ to the baseline for the performance meeting in their proposed budgets. fund/grant/apply/appforms/ measure and when, during the project VII. Agency Contact appforms.html. period, the applicant would meet the (c) Under 34 CFR 75.250(b), the performance target(s). FOR FURTHER INFORMATION CONTACT: Secretary may provide a grantee with Note: The Secretary encourages applicants Kathryn Meeley, U.S. Department of additional funding for data collection to consider developing project-specific Education, 400 Maryland Avenue SW., analysis and reporting. In this case the performance measures and targets tied to Room 4W257, Washington, DC 20202– Secretary establishes a data collection their grant activities as well as to student 5970. Telephone: (202) 453–6818 or by academic achievement during the grant period. email: [email protected]. If you 4. Performance Measures: period. The project-specific performance measures should be sufficient to gauge the use a TDD or a TTY, call the FRS, toll (a) Program Performance Measures progress throughout the grant period, show free, at 1–800–877–8339. (GPRA Measures). The goal of the CSP results by the end of the grant period, and be VIII. Other Information is to support the creation and included in the logic model as outlined in the development of high-quality charter Application Requirements section of this Accessible Format: Individuals with schools that are free from State or local document. disabilities can obtain this document
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and a copy of the application package in Adobe Acrobat Reader, which is response and assigning points to each an accessible format (e.g., braille, large available free at the site. selection criterion. The maximum possible print, audiotape, or compact disc) on You may also access documents of the score for addressing each criterion and its component factors (if applicable) is provided request to the program contact person Department published in the Federal in the chart below. The maximum possible listed under FOR FURTHER INFORMATION Register by using the article search total score (based on the selection criteria CONTACT in section VII of this notice. feature at: www.federalregister.gov. and not including the competitive preference Electronic Access to This Document: Specifically, through the advanced The official version of this document is priorities) is 100 points, except that, for SEAs search feature at this site, you can limit the document published in the Federal in States that first enacted a charter school your search to documents published by Register. Free Internet access to the law less than five years before the closing the Department. official edition of the Federal Register date of this competition, the maximum and the Code of Federal Regulations is Dated: April 18, 2016. possible total score is 85 points because, as available via the Federal Digital System Nadya Chinoy Dabby, noted in the notice, the Secretary does not at: www.gpo.gov/fdsys. At this site you Assistant Deputy Secretary for Innovation and consider selection criterion (c) Past can view this document, as well as all Improvement. Performance in evaluating applications from other documents of this Department these States. published in the Federal Register, in Appendix: Scoring Allocation Chart text or Portable Document Format Peer reviewers will use this scoring (PDF). To use PDF you must have allocation chart in evaluating an SEA’s
CSP GRANTS FOR SEAS—FY 2016 GRANT COMPETITION
Maximum Maximum selection Selection criteria factor points criterion (up to) points (max)
(a) Educationally Disadvantaged Students ...... N/A 15 (b) Vision for Growth and Accountability ...... (b)(1) Support the Creation of High-Quality Charter Schools ...... (b)(2) Support the Closure of Academically Poor-Performing Charter Schools ...... N/A 10 (c) Past Performance (N/A for States with new charter school laws) ...... (c)(1) Increase—High-Quality Charter Schools ...... (c)(2) Decrease—Academically Poor-Performing Charter Schools ...... N/A 15/0* (d) Project Design ...... 20 (d)(1) Process for Awarding Subgrants ...... 10 ...... (i) Application and Peer Review Process. (ii) Year-by-Year Estimate:. (a) Subgrant Numbers and Award Amounts. (b) Quality of Previous Grant Applicant Pool. (d)(2) Process for Monitoring CSP Subgrantees ...... 10 ...... (e) Dissemination of Information and Best Practices ...... 10 (e)(1) Serve as a Dissemination Leader in the State Using Data to Assess Impact ...... 7 ...... (e)(2) Student Discipline and School Climate ...... 3 ...... (f) Oversight of Authorized Public Chartering Agencies ...... 25 (f)(1) Quality of SEA’s Plan to Ensure that Authorizers are: ...... (i) Focusing on Racial and Ethnic Diversity in Student Bodies ...... (ii) Establishing Measureable Performance Expectations ...... (iii) Providing Annual Public Performance Reports ...... (iv) Supporting Charter School Autonomy ...... 20 ...... (f)(2) Quality of SEA’s Plan to Ensure that Authorizers are: ...... (i) Seeking and Approving High-Quality Charter Schools ...... (ii) Monitoring and Conducting In-depth Reviews ...... (iii) Using Data for Renewal and Revocation Decisions ...... (iv) Ensuring Accountability During Accountability Transition ...... 5 ...... (g) Policy Context for Charter Schools ...... (g)(1) Degree of Flexibility ...... (i) Exempt from State or Local Rules ...... (ii) High Degree of Autonomy ...... (g)(2) Comply with Federal Law ...... N/A 5
Selection Criteria Subtotal ...... 100/85*
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Maximum Factor points priority Competitive preference priorities (up to) points (max)
(1) High-Quality Authorizing and Monitoring Processes ...... 15 (1)(a) Multi-tiered clearance or review of a charter school ...... 5 ...... (1)(b) Differentiated review of charter petitions ...... 5 ...... (1)(c) Measure and benchmark performance of authorizers ...... 5 ...... (2) One Authorized Public Chartering Agency Other than a Local Educational Agency, or an Appeals Process ...... N/A 5 TOTAL POSSIBLE POINTS (selection criteria points awarded converted to a base of 100 + possible 20 competitive preference priority points = max 120 points) ...... 120 * Applicants that are not required to respond to selection criterion C Past Performance can receive a maximum of 85 total points for the selec- tion criteria.
[FR Doc. 2016–09298 Filed 4–20–16; 8:45 am] number of high-quality literacy and your search to documents published by BILLING CODE 4000–01–P book distribution projects to ensure that the Department. no less than 50 percent of IAL funds go Dated: April 18, 2016. to applications from LEAs (on behalf of Ann Whalen, DEPARTMENT OF EDUCATION school libraries) for high-quality school Senior Advisor to the Secretary Delegated library projects that increase access to a Applications for New Awards; the Duties of Assistant Secretary for wide range of literacy resources (either Elementary and Secondary Education. Innovative Approaches to Literacy print or electronic) and provide learning Program; Supplemental Notice [FR Doc. 2016–09287 Filed 4–20–16; 8:45 am] opportunities for all students. BILLING CODE 4000–01–P AGENCY: Office of Elementary and Program Authority: Sections 5411– Secondary Education, Department of 5413 of the Elementary and Secondary Education. Education Act of 1965, as amended by DEPARTMENT OF ENERGY ACTION: Supplemental notice inviting the No Child Left Behind Act of 2001; applications. title III of Division H of Public Law 114– Federal Energy Regulatory 113, the Consolidated Appropriations Commission Catalog of Federal Domestic Assistance Act, 2016. [Docket No. RP16–618–000] (CFDA) Number: 84.215G FOR FURTHER INFORMATION CONTACT: Beth SUMMARY: On April 7, 2016, the Office Yeh, U.S. Department of Education, 400 Algonquin Gas Transmission, LLC; of Elementary and Secondary Education Maryland Avenue SW., Room 3E332, Notice of Technical Conference of the U.S. Department of Education Washington, DC 20202–6200. Take notice that a technical published in the Federal Register (81 Telephone: (202) 205–5798 or by email: conference will be held in this FR 20376) a notice inviting applications [email protected]. proceeding on Monday, May 9, 2016, for new awards for fiscal year (FY) 2016 If you use a TDD or a TTY, call the beginning at 10:00 a.m. and ending at for the Innovative Approaches to FRS, toll free, at 1–800–877–8339. approximately 3:30 p.m., at the Federal Literacy (IAL) program. This Accessible Format: Individuals with Energy Regulatory Commission, 888 supplemental notice clarifies that, disabilities can obtain this document First Street NE., Washington, DC 20426. consistent with Congressional intent and a copy of the application package in All interested parties are invited to and the prior notices inviting an accessible format (e.g., braille, large attend the conference. Commission applications for the IAL program, the print, audiotape, or compact disc) on members may participate in the Secretary reserves the right to award at request to the program contact person conference. least 50 percent of available IAL funds FOR FURTHER INFORMATION listed under The purpose of the technical to local educational agencies (LEAs) that CONTACT of this notice. conference is to examine the issues submit high-quality applications (on Electronic Access to This Document: raised in the protests and comments behalf of school libraries) for high- The official version of this document is regarding the February 19, 2016 filing quality school library projects that the document published in the Federal made by Algonquin Gas Transmission, increase access to a wide range of Register. Free Internet access to the LLC (Algonquin). In that filing, literacy resources (either print or official edition of the Federal Register Algonquin proposed to exempt from the electronic) and provide learning and the Code of Federal Regulations is capacity release bidding requirements opportunities for all students. This available via the Federal Digital System certain types of capacity releases of firm notice provides clarification and does at: www.gpo.gov/fdsys. At this site you transportation by electric distribution not change any portion of the April 7, can view this document, as well as all companies that are participating in 2016 notice inviting applications. other documents of this Department state-regulated electric reliability Deadline for Transmittal of published in the Federal Register, in programs.1 Issues to be examined at the Applications: May 9, 2016. text or PDF. To use PDF you must have technical conference include concerns SUPPLEMENTARY INFORMATION: We are Adobe Acrobat Reader, which is raised regarding the basis and need for clarifying that, in accordance with the available free at the site. the waiver. Senate report that accompanied the You may also access documents of the Those interested in speaking at the Consolidated Appropriations Act, 2016 Department published in the Federal technical conference should notify the (S. Rep. No. 114–74, at 170 (2015)) and Register by using the article search Commission by April 25, 2016 by the prior notices inviting applications feature at: www.federalregister.gov. for the IAL program, the Secretary Specifically, through the advanced 1 Algonquin Gas Transmission, LLC, 154 FERC ¶ reserves the right to fund a sufficient search feature at this site, you can limit 61,269 (2016).
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completing the online form at the Take notice that the Commission Description: Compliance filing: following Web page: https:// received the following electric rate eTariff Compliance Filing of OATT www.ferc.gov/whats-new/registration/ filings: Revisions to be effective 8/2/2013. 05-09-16-speaker-form.asp. Those Docket Numbers: ER16–1410–000. Filed Date: 4/15/16. interested in attending the technical Applicants: Torofino Trading LLC. Accession Number: 20160415–5083. conference are encouraged, but not Description: Baseline eTariff Filing: Comments Due: 5 p.m. ET 5/6/16. required, to register at the following Market-Based Rate Tariff Application to Docket Numbers: ER16–1418–000. Web page: https://www.ferc.gov/whats- be effective 4/28/2016. Applicants: Public Service Company new/registration/05-09-16-form.asp. Filed Date: 4/14/16. of New Mexico. This event will be webcast and Accession Number: 20160414–5216. Description: Compliance filing: transcribed. Anyone with internet Comments Due: 5 p.m. ET 5/5/16. eTariff Compliance Filing of NTUA access can navigate to the ‘‘FERC Docket Numbers: ER16–1411–000. Revisions to be effective 8/2/2013. Calendar’’ at www.ferc.gov, and locate Applicants: CNR Energy LLC. Filed Date: 4/15/16. the technical conference in the Calendar Description: Baseline eTariff Filing: Accession Number: 20160415–5084. of Events. Opening the technical CNR Energy LLC FERC MBR Authority Comments Due: 5 p.m. ET 5/6/16. conference in the Calendar of Events Filing to be effective 7/1/2016. Docket Numbers: ER16–1419–000. will reveal a link to its webcast. The Filed Date: 4/15/16. Applicants: Public Service Company Capitol Connection provides technical Accession Number: 20160415–5003. of New Mexico. support for the webcast and offers the Comments Due: 5 p.m. ET 5/6/16. Description: Compliance filing: option of listening to the meeting via Docket Numbers: ER16–1412–000. eTariff Compliance Filing of Navopache phone-bridge for a fee. If you have any Applicants: Southern California Revisions to be effective 8/2/2013. questions, visit Edison Company. Filed Date: 4/15/16. www.CapitolConnection.org or call 703– Description: § 205(d) Rate Filing: 2016 Accession Number: 20160415–5086. 993–3100. Transcripts of the conference Revised Added Facilities Rate under Comments Due: 5 p.m. ET 5/6/16. will be immediately available for a fee WDAT—Filing No. 5 to be effective 1/ Docket Numbers: ER16–1420–000. from Ace-Federal Reporters, Inc. (202– 1/2016. Applicants: Southwestern Public 347–3700). Filed Date: 4/15/16. Service Company. Commission conferences are Accession Number: 20160415–5004. Description: Compliance filing: Re- accessible under section 508 of the Comments Due: 5 p.m. ET 5/6/16. baseline to be effective 4/16/2016. Rehabilitation Act of 1973. For Docket Numbers: ER16–1413–000. Filed Date: 4/15/16. accessibility accommodations, please Applicants: ISO New England Inc., Accession Number: 20160415–5088. send an email to [email protected] New England Power Pool Participants Comments Due: 5 p.m. ET 5/6/16. or call toll free (866) 208–3372 (voice) Committee. Docket Numbers: ER16–1421–000. or (202) 502–8659 (TTY), or send a FAX Description: § 205(d) Rate Filing: Applicants: Public Service Company to (202) 208–2106 with the required Revisions to the ISO New England of New Mexico. accommodations. Information Policy to be effective 6/15/ Description: Compliance filing: For more information about this 2016. eTariff Compliance Filing of WAPA technical conference, please contact Filed Date: 4/15/16. Revisions to be effective 8/2/2013. Anna Fernandez at Anna.Fernandez@ Accession Number: 20160415–5029. Filed Date: 4/15/16. ferc.gov or (202) 502–6682. For Comments Due: 5 p.m. ET 5/6/16. Accession Number: 20160415–5094. information related to logistics, please Docket Numbers: ER16–1414–000. Comments Due: 5 p.m. ET 5/6/16. contact Sarah McKinley at Applicants: Duke Energy Florida, Docket Numbers: ER16–1422–000. [email protected] or (202) 502– LLC, Duke Energy Carolinas, LLC. Applicants: Public Service Company 8368. Description: § 205(d) Rate Filing: Joint of Colorado. Dated: April 15, 2016. OATT Real Power Loss (DEF) 2016 to be Description: Compliance filing: Re- Kimberly D. Bose, effective 5/1/2016. baseline to be effective 4/16/2016; also Filed Date: 4/15/16. filed was a Supplement to April 15, Secretary. Accession Number: 20160415–5037. 2016 Public Service Company of [FR Doc. 2016–09229 Filed 4–20–16; 8:45 am] Comments Due: 5 p.m. ET 5/6/16. Colorado tariff filing. BILLING CODE 6717–01–P Docket Numbers: ER16–1415–000. Filed Date: 4/15/16. Applicants: Northern States Power Accession Number: 20160415–5106, 20160415–5134. DEPARTMENT OF ENERGY Company, a Minnesota corporation. Description: Compliance filing: Re- Comments Due: 5 p.m. ET 5/6/16. Federal Energy Regulatory baseline to be effective 4/16/2016. Docket Numbers: ER16–1423–000. Commission Filed Date: 4/15/16. Applicants: Public Service Company Accession Number: 20160415–5059. of New Mexico. Combined Notice of Filings #1 Comments Due: 5 p.m. ET 5/6/16. Description: Tariff Cancellation: Docket Numbers: ER16–1416–000. Notice of Cancellation of Records to be Take notice that the Commission Applicants: Northern States Power effective 8/2/2013. received the following electric corporate Company, a Wisconsin corporation. Filed Date: 4/15/16. filings: Description: Compliance filing: Re- Accession Number: 20160415–5137. Docket Numbers: EC16–102–000. baseline to be effective 4/16/2016. Comments Due: 5 p.m. ET 5/6/16. Applicants: 63SU 8ME LLC. Filed Date: 4/15/16. Docket Numbers: ER16–1424–000. Description: Application under FPA Accession Number: 20160415–5073. Applicants: Northern States Power Section 203 of 63SU 8ME LLC. Comments Due: 5 p.m. ET 5/6/16. Company, a Minnesota corporation. Filed Date: 4/14/16. Docket Numbers: ER16–1417–000. Description: Tariff Cancellation: Accession Number: 20160414–5228. Applicants: Public Service Company 2016–4–15_NSPM Cancel Tariff ID Comments Due: 5 p.m. ET 5/5/16. of New Mexico. Filing to be effective 4/15/2016.
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Filed Date: 4/15/16. pipelines and modify compressor to the proceedings for this project Accession Number: 20160415–5143. facilities along the T2K, TNY, and KNY should, on or before the comment date Comments Due: 5 p.m. ET 5/6/16. natural gas pipelines, all as more fully stated below, file with the Federal Docket Numbers: ER16–1425–000. set forth in the application which is on Energy Regulatory Commission, 888 Applicants: Northern States Power file with the Commission and open to First Street NE., Washington, DC 20426, Company, a Wisconsin corporation. public inspection. The cost for the a motion to intervene in accordance Description: Tariff Cancellation: proposed project work is $29,382,602. with the requirements of the 2016–4–15_NSPW Cancel Clarity Tariff Any questions concerning this Commission’s Rules of Practice and ID Filing to be effective 4/15/2016. application should be directed to Laura Procedure (18 CFR 385.214 or 385.211) Filed Date: 4/15/16. P. Berloth, Attorney, National Fuel Gas and the Regulations under the NGA (18 Accession Number: 20160415–5144. Supply Corporation, 6363 Main Street, CFR 157.10). A person obtaining party Comments Due: 5 p.m. ET 5/6/16. Williamsville, New York 14221–5887, status will be placed on the service list Docket Numbers: ER16–1426–000. by phone at (716) 857–7001, by fax at maintained by the Secretary of the Applicants: Southwestern Public (716) 857–7206, or by email at berlothl@ Commission and will receive copies of Service Company. natfuel.com. all documents filed by the applicant and Description: Tariff Cancellation: Specifically, National Fuel seeks to; by all other parties. A party must submit 2016–4–15_SPS Cancel Clarity Tariff ID (i) construct and operate 1.2 miles of 5 copies of filings made with the Filing to be effective 4/15/2016. new 20-inch-diameter pipeline, adding Commission and must mail a copy to Filed Date: 4/15/16. 2,600 dekatherms per day (Dth/d) of the applicant and to every other party in Accession Number: 20160415–5150. new firm service capacity (Line T2K the proceeding. Only parties to the Comments Due: 5 p.m. ET 5/6/16. Install); (ii) replace approximately 6.7 proceeding can ask for court review of miles of 20-inch-diameter bare steel The filings are accessible in the Commission orders in the proceeding. pipeline with 7.0 miles of new 24-inch- Commission’s eLibrary system by However, a person does not have to diameter coated pipeline (Line TNY clicking on the links or querying the intervene in order to have comments Replacement); and (iii) abandon docket number. considered. The second way to approximately 14.9 miles of 20-inch- Any person desiring to intervene or participate is by filing with the diameter bare steel pipeline (Line KNY protest in any of the above proceedings Secretary of the Commission, as soon as Abandonment), all located in Erie must file in accordance with Rules 211 possible, an original and two copies of County, New York. and 214 of the Commission’s comments in support of or in opposition The filing is available for review at to this project. The Commission will Regulations (18 CFR 385.211 and the Commission in the Public Reference consider these comments in 385.214) on or before 5:00 p.m. Eastern Room or may be viewed on the determining the appropriate action to be time on the specified comment date. Commission’s Web site web at http:// taken, but the filing of a comment alone Protests may be considered, but www.ferc.gov using the ‘‘eLibrary’’ link. will not serve to make the filer a party intervention is necessary to become a Enter the docket number excluding the to the proceeding. The Commission’s party to the proceeding. last three digits in the docket number rules require that persons filing eFiling is encouraged. More detailed field to access the document. For comments in opposition to the project information relating to filing assistance, contact FERC at provide copies of their protests only to requirements, interventions, protests, [email protected] or call the party or parties directly involved in service, and qualifying facilities filings toll-free, (886) 208–3676 or TYY, (202) the protest. can be found at: http://www.ferc.gov/ 502–8659. Persons who wish to comment only docs-filing/efiling/filing-req.pdf. For Pursuant to section 157.9 of the on the environmental review of this other information, call (866) 208–3676 Commission’s rules (18 CFR 157.9), project should submit an original and (toll free). For TTY, call (202) 502–8659. within 90 days of this Notice, the two copies of their comments to the Dated: April 15, 2016. Commission staff will either: Complete Secretary of the Commission. Kimberly D. Bose, its environmental assessment (EA) and Environmental commenters will be Secretary. place it into the Commission’s public placed on the Commission’s [FR Doc. 2016–09224 Filed 4–20–16; 8:45 am] record (eLibrary) for this proceeding or environmental mailing list, will receive issue a Notice of Schedule for BILLING CODE 6717–01–P copies of the environmental documents, Environmental Review. If a Notice of and will be notified of meetings Schedule for Environmental Review is associated with the Commission’s DEPARTMENT OF ENERGY issued, it will indicate, among other environmental review process. milestones, the anticipated date for the Environmental commenters will not be Federal Energy Regulatory Commission staff’s issuance of the final required to serve copies of filed Commission environmental impact statement (FEIS) documents on all other parties. or EA for this proposal. The filing of the However, the non-party commenters [Docket No. CP16–125–000] EA in the Commission’s public record will not receive copies of all documents National Fuel Gas Supply Corporation; for this proceeding or the issuance of a filed by other parties or issued by the Notice of Application Notice of Schedule will serve to notify Commission (except for the mailing of federal and state agencies of the timing environmental documents issued by the Take notice that on April 4, 2016, for the completion of all necessary Commission) and will not have the right National Fuel Gas Supply Corporation reviews, and the subsequent need to to seek court review of the (National Fuel), 6363 Main Street, complete all federal authorizations Commission’s final order. Williamsville, New York 14221, filed an within 90 days of the date of issuance The Commission strongly encourages application pursuant to sections 7(b) of the Commission staff’s FEIS or EA. electronic filings of comments, protests and 7(c) of the Natural Gas Act (NGA), There are two ways to become and interventions in lieu of paper using and Part 157 of the Commission’s involved in the Commission’s review of the ‘‘eFiling’’ link at http:// regulations requesting authority to this project. First, any person wishing to www.ferc.gov. Persons unable to file construct, replace, and abandon existing obtain legal status by becoming a party electronically should submit an original
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and 7 copies of the protest or First Street NE., Washington, DC 20426. consider all protests or other comments intervention to the Federal Energy The first page of any filing should filed, but only those who file a motion regulatory Commission, 888 First Street include docket number P–7656–012. to intervene in accordance with the NE., Washington, DC 20426. j. Description of Project Facilities: (1) Commission’s Rules may become a Comment Date: 5:00 p.m. Eastern An 18-inch-high, 15-foot-long dam; (2) party to the proceeding. Any comments, Time on May 6, 2016. an 18-inch-diameter, 400-foot-long PVC protests, or motions to intervene must penstock; (3) a powerhouse containing Dated: April 15, 2016. be received on or before the specified two generating units for a total installed Kimberly D. Bose, comment date for the particular capacity of 79 kilowatts; (4) a 300-foot- application. Secretary. long, 480-volt transmission line; and (5) o. Filing and Service of Responsive [FR Doc. 2016–09227 Filed 4–20–16; 8:45 am] appurtenant facilities. Documents: Any filing must (1) bear in BILLING CODE 6717–01–P k. Description of Proceeding: The all capital letters the title licensee is in violation of standard ‘‘COMMENTS,’’ ‘‘PROTEST,’’ or Article 16 of its license issued on June ‘‘MOTION TO INTERVENE’’ as DEPARTMENT OF ENERGY 24, 1986 (35 FERC ¶ 62,532). Article 16 applicable; (2) set forth in the heading states, in part: If the Licensee shall the name of the applicant and the Federal Energy Regulatory abandon or discontinue good faith Commission project number of the application to operation of the project or refuse or which the filing responds; (3) furnish [Project No. 7656–012] neglect to comply with the terms of the the name, address, and telephone license and the lawful orders of the number of the person protesting or John A. Dodson; Notice of Proposed Commission mailed to the record intervening; and (4) otherwise comply Termination of License by Implied address of the Licensee or its agent, the with the requirements of 18 CFR Surrender and Soliciting Comments, Commission will deem it to be the 385.2001 through 385.2005. All Protests and Motions To Intervene intent of the Licensee to surrender the comments, motions to intervene, or license. protests must set forth their evidentiary Take notice that the following Commission records indicate that the basis and otherwise comply with the hydroelectric proceeding has been project has not been operated since the requirements of 18 CFR 4.34(b). All initiated by the Commission: fall of 2012 when heavy storms flooded comments, protests, or motions to a. Type of Proceeding: Proposed the powerhouse. Due to an ongoing intervene should relate to project works Termination of License by Implied property rights dispute involving access which are the subject of the implied Surrender. to and the use of lands needed for surrender. A copy of any protest or b. Project No.: 7656–012. project purposes, the licensee has been motion to intervene must be served c. Date Initiated: April 14, 2016. reluctant to repair the project and return upon each representative of the d. Licensee: John A. Dodson. it to service. In addition, the licensee applicant specified in the particular e. Name and Location of Project: has not responded to several Buttermilk Falls Hydroelectric Project Commission requests to file a plan and application. If an intervener files located on Buttermilk Falls Brook, in schedule to restore project operation in comments or documents with the Orange County, New York. a timely manner. Commission relating to the merits of an f. Filed Pursuant to: Standard Article l. This notice is available for review issue that may affect the responsibilities 16. and reproduction at the Commission in of a particular resource agency, they g. Licensee Contact Information: Mr. the Public Reference Room, Room 2A, must also serve a copy of the document John A. Dodson, P.O. Box 221, Highland 888 First Street NE., Washington, DC on that resource agency. A copy of all Falls, New York 10928, Phone: (914) 20426. The notice and other project other filings in reference to this 446–7704. records may also be viewed on the application must be accompanied by h. FERC Contact: Mr. Ashish Desai, Commission’s Web site at http:// proof of service on all persons listed in (202) 502–8370, [email protected]. www.ferc.gov/docs-filing/elibrary.asp. the service list prepared by the i. Deadline for filing comments, Enter the Docket number (P–7656–012) Commission in this proceeding in protests, and motions to intervene is 30 excluding the last three digits in the accordance with 18 CFR 4.34(b) and days from the issuance date of this docket number field to access the 385.2010. notice by the Commission. The notice. You may also register online at Dated: April 15, 2016. Commission strongly encourages http://www.ferc.gov/docs-filing/ Kimberly D. Bose, electronic filing. Please file comments, esubscription.asp to be notified via Secretary. protests, and motions to intervene using email of new filings and issuances [FR Doc. 2016–09228 Filed 4–20–16; 8:45 am] the Commission’s eFiling system at related to this or other pending projects. BILLING CODE 6717–01–P http://www.ferc.gov/docs-filing/ For assistance, call toll-free (866) 208– efiling.asp. Commenters can submit 3676 or email FERCOnlineSupport@ brief comments up to 6,000 characters, ferc.gov. For TTY, call (202) 502–8659. DEPARTMENT OF ENERGY without prior registration, using the m. Individuals desiring to be included eComment system at http:// on the Commission’s mailing list should Federal Energy Regulatory www.ferc.gov/docs-filing/ so indicate by writing to the Secretary Commission ecomment.asp. You must include your of the Commission. name and contact information at the end n. Comments, Protests, or Motions to [Docket No. CP16–121–000; PF15–28–000] of your comments. For assistance, Intervene: Anyone may submit National Grid LNG LLC; Notice of please contact FERC Online Support at comments, a protest, or a motion to Application [email protected], (866) intervene in accordance with the 208–3676 (toll free), or (202) 502–8659 requirements of Rules of Practice and Take notice that on April 1, 2016, (TTY). In lieu of electronic filing, please Procedure, 18 CFR 385.210, .211, and National Grid LNG LLC (NGLNG), send a paper copy to: Secretary, Federal .214. In determining the appropriate having its principal place of business at Energy Regulatory Commission, 888 action to take, the Commission will 40 Sylvan Rd, Waltham, MA 02451,
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filed in the above referenced docket an within 90 days of this Notice, the project should submit an original and application pursuant to sections 7(c) of Commission staff will either: Complete two copies of their comments to the the Natural Gas Act (NGA), and Part 157 its environmental assessment (EA) and Secretary of the Commission. of the Commission’s regulations place it into the Commission’s public Environmental commentors will be requesting authorization to construct record (eLibrary) for this proceeding; or placed on the Commission’s and operate its Fields Point Liquefaction issue a Notice of Schedule for environmental mailing list, will receive Project (Project) located in Providence, Environmental Review. If a Notice of copies of the environmental documents, RI, all as more fully set forth in the Schedule for Environmental Review is and will be notified of meetings application which is on file with the issued, it will indicate, among other associated with the Commission’s Commission and open to public milestones, the anticipated date for the environmental review process. inspection. The filing is available for Commission staff’s issuance of the final Environmental commentors will not be review at the Commission in the Public environmental impact statement (FEIS) required to serve copies of filed Reference Room or may be viewed on or EA for this proposal. The filing of the documents on all other parties. the Commission’s Web site web at EA in the Commission’s public record However, the non-party commentors http://www.ferc.gov using the for this proceeding or the issuance of a will not receive copies of all documents ‘‘eLibrary’’ link. Enter the docket Notice of Schedule for Environmental filed by other parties or issued by the number excluding the last three digits in Review will serve to notify federal and Commission (except for the mailing of the docket number field to access the state agencies of the timing for the environmental documents issued by the document. For assistance, contact FERC completion of all necessary reviews, and Commission) and will not have the right at [email protected] or call the subsequent need to complete all to seek court review of the toll-free, (886) 208–3676 or TYY, (202) federal authorizations within 90 days of Commission’s final order. 502–8659. the date of issuance of the Commission The Commission strongly encourages Any questions concerning this staff’s FEIS or EA. electronic filings of comments, protests application may be directed to Andrea There are two ways to become and interventions in lieu of paper using Wolfman, Alston & Bird LLP, 950 F involved in the Commission’s review of the ‘‘eFiling’’ link at http:// Street NW., Washington, DC 20004; by this project. First, any person wishing to www.ferc.gov. Persons unable to file calling (202) 239–3943; by faxing (202) obtain legal status by becoming a party electronically should submit an original 239–3943; or by emailing to the proceedings for this project and 7 copies of the protest or [email protected]. should, on or before the comment date intervention to the Federal Energy Specifically, NGLNG proposes to stated below file with the Federal regulatory Commission, 888 First Street construct and operate one (1) new 20 Energy Regulatory Commission, 888 NE., Washington, DC 20426. million cubic feet per day (MMcf/d) gas First Street NE., Washington, DC 20426, Comment Date: 5:00 p.m. Eastern pretreatment and liquefaction system to a motion to intervene in accordance Time on May 6, 2016. convert natural gas delivered by with the requirements of the pipeline into liquefied natural gas Commission’s Rules of Practice and Dated: April 15, 2016. (LNG). The liquefaction facility is Procedure (18 CFR 385.214 or 385.211) Kimberly D. Bose, designed to enable NGLNG to provide and the Regulations under the NGA (18 Secretary. up to 20,600 dekatherms per day (Dth/ CFR 157.10). A person obtaining party [FR Doc. 2016–09226 Filed 4–20–16; 8:45 am] day) liquefaction service at its existing status will be placed on the service list BILLING CODE 6717–01–P LNG storage facility. NGLNG estimates maintained by the Secretary of the the total cost of the liquefaction Project Commission and will receive copies of to be $180 million. Additionally, all documents filed by the applicant and DEPARTMENT OF ENERGY NGLNG intends to undertake another by all other parties. A party must submit project on its existing plant site at the seven copies of filings made in the Federal Energy Regulatory same time. A storage tank containment proceeding with the Commission and Commission enhancement project, called the Bund must mail a copy to the applicant and Combined Notice of Filings Wall Project, is planned to add a to every other party. Only parties to the reinforced concrete bund wall around proceeding can ask for court review of Take notice that the Commission has the existing tank. Both of these projects Commission orders in the proceeding. received the following Natural Gas will be reviewed by the Commission in However, a person does not have to Pipeline Rate and Refund Report filings: a single environment review process intervene in order to have comments which has been underway per the considered. The second way to Filings Instituting Proceedings Notice of Intent to Prepare an participate is by filing with the Docket Numbers: RP16–834–000. Environmental Document issued in Secretary of the Commission, as soon as Applicants: Sabine Pipe Line LLC. Docket No. PF15–28–000 on September possible, an original and two copies of Description: § 4(d) Rate Filing: Sabine 25, 2015. comments in support of or in opposition Clean-up Filing 4–12–16 to be effective On July 2, 2015 the Commission to this project. The Commission will 4/1/2016. granted NGLNG’s request to utilize the consider these comments in Filed Date: 4/12/16. Pre-Filing Process and assigned Docket determining the appropriate action to be Accession Number: 20160412–5114. No. PF15–28–000 to staff activities taken, but the filing of a comment alone Comments Due: 5 p.m. ET 4/25/16. involved in the Project. Now, as of the will not serve to make the filer a party Docket Numbers: RP16–835–000. filing of the April 1, 2016 application, to the proceeding. The Commission’s Applicants: Kinetica Energy Express, the Pre-Filing Process for this Project rules require that persons filing LLC. has ended. From this time forward, this comments in opposition to the project Description: Compliance filing proceeding will be conducted in Docket provide copies of their protests only to Compliance Filing for Order Nos 587–W No. CP16–121–000 as noted in the the party or parties directly involved in and 809 Revised Sheet 119 to be caption of this Notice. the protest. effective 4/1/2016. Pursuant to section 157.9 of the Persons who wish to comment only Filed Date: 4/12/16. Commission’s rules (18 CFR 157.9), on the environmental review of this Accession Number: 20160412–5292.
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Comments Due: 5 p.m. ET 4/25/16. Description: Compliance filing Order Applicants: Northern States Power Docket Numbers: RP16–836–000. No. 587–W (NAESB Version 3.0) Second Company, a Minnesota corporation. Applicants: Northern Natural Gas Compliance to be effective 4/1/2016. Description: Compliance filing: Re- Company. Filed Date: 4/12/16. baseline to be effective 4/16/2016. Description: § 4(d) Rate Filing: Accession Number: 20160412–5291. Filed Date: 4/15/16. 20160412 Negotiated Rate to be effective Comments Due: 5 p.m. ET 4/25/16. Accession Number: 20160415–5167. 4/13/2016. Docket Numbers: RP16–571–001. Comments Due: 5 p.m. ET 5/6/16. Filed Date: 4/12/16. Applicants: Enable Mississippi River Docket Numbers: ER16–1430–000. Accession Number: 20160412–5294. Transmission, L. Applicants: Northern States Power Comments Due: 5 p.m. ET 4/25/16. Description: Compliance filing Company, a Wisconsin corporation. Docket Numbers: RP16–837–000. NAESB 3.0 Compliance Filing to be Description: Compliance filing: Re- Applicants: Black Marlin Pipeline effective 4/1/2016. baseline to be effective 4/16/2016. Company. Filed Date: 4/12/16. Filed Date: 4/15/16. Description: Black Marlin Pipeline Accession Number: 20160412–5130. Accession Number: 20160415–5168. Company’s 2016 Cash-Out Report. Comments Due: 5 p.m. ET 4/25/16. Comments Due: 5 p.m. ET 5/6/16. Filed Date: 4/12/16. Any person desiring to protest in any Docket Numbers: ER16–1431–000. Accession Number: 20160412–5310. of the above proceedings must file in Applicants: Southwestern Public Comments Due: 5 p.m. ET 4/25/16. accordance with Rule 211 of the Service Company. Any person desiring to intervene or Commission’s Regulations (18 CFR Description: Compliance filing: Re- protest in any of the above proceedings 385.211) on or before 5:00 p.m. Eastern baseline to be effective 4/16/2016. must file in accordance with Rules 211 time on the specified comment date. Filed Date: 4/15/16. and 214 of the Commission’s The filings are accessible in the Accession Number: 20160415–5177. Regulations (18 CFR 385.211 and Commission’s eLibrary system by Comments Due: 5 p.m. ET 5/6/16. 385.214) on or before 5:00 p.m. Eastern clicking on the links or querying the Docket Numbers: ER16–1432–000. time on the specified comment date. docket number. Applicants: Southwestern Public Protests may be considered, but eFiling is encouraged. More detailed Service Company. intervention is necessary to become a information relating to filing Description: Tariff Cancellation: 4– party to the proceeding. requirements, interventions, protests, 15–16 SPS Tariff ID1000 NOC to be service, and qualifying facilities filings Filings in Existing Proceedings effective 4/15/2016. can be found at: http://www.ferc.gov/ Filed Date: 4/15/16. Docket Numbers: RP16–474–001. docs-filing/efiling/filing-req.pdf. For Accession Number: 20160415–5181. Applicants: ANR Storage Company. other information, call (866) 208–3676 Comments Due: 5 p.m. ET 5/6/16. Description: Compliance filing (toll free). For TTY, call (202) 502–8659. Compliance to RP16–474–000 to be Docket Numbers: ER16–1433–000. Dated: April 13, 2016. effective 4/1/2016. Applicants: Southern California Filed Date: 4/12/16. Nathaniel J. Davis, Sr., Edison Company. Accession Number: 20160412–5079. Deputy Secretary. Description: § 205(d) Rate Filing: 2016 Comments Due: 5 p.m. ET 4/25/16. [FR Doc. 2016–09255 Filed 4–20–16; 8:45 am] Revised Added Facilities Rate under WDAT—Filing No. 6 to be effective 1/ Docket Numbers: RP16–481–001. BILLING CODE 6717–01–P 1/2016. Applicants: Bison Pipeline LLC. Description: Compliance filing Filed Date: 4/15/16. Compliance to RP16–481–000 to be DEPARTMENT OF ENERGY Accession Number: 20160415–5182. effective 4/1/2016. Comments Due: 5 p.m. ET 5/6/16. Federal Energy Regulatory Docket Numbers: ER16–1434–000. Filed Date: 4/12/16. Commission Accession Number: 20160412–5080. Applicants: ISO New England Inc., Comments Due: 5 p.m. ET 4/25/16. Combined Notice of Filings #2 New England Power Pool Participants Docket Numbers: RP16–485–001. Committee. Applicants: Blue Lake Gas Storage Take notice that the Commission Description: Compliance filing: Zonal Company. received the following electric rate Demand Curves 206 Filing to be Description: Compliance filing filings: effective 6/15/2016. Compliance to RP16–485–000 to be Docket Numbers: ER16–1427–000. Filed Date: 4/15/16. effective 4/1/2016. Applicants: Public Service Company Accession Number: 20160415–5202. Filed Date: 4/12/16. of Colorado. Comments Due: 5 p.m. ET 5/6/16. Accession Number: 20160412–5077. Description: Tariff Cancellation: Docket Numbers: ER16–1435–000. Comments Due: 5 p.m. ET 4/25/16. 2016–4–15_PSCo Cancel Tariff ID to be Applicants: PacifiCorp. Docket Numbers: RP16–563–001. effective 4/15/2016. Description: § 205(d) Rate Filing: Tri- Applicants: Pine Needle LNG Filed Date: 4/15/16. State Master Install, O&M Agmt for Company, LLC. Accession Number: 20160415–5152. Metering Equipment to be effective 6/ Description: Compliance filing Pine Comments Due: 5 p.m. ET 5/6/16. 15/2016. Needle Order No. 587–W (NAESB Docket Numbers: ER16–1428–000. Filed Date: 4/15/16. Version 3.0) Second Compliance to be Applicants: Public Service Company Accession Number: 20160415–5206. effective 4/1/2016. of Colorado. Comments Due: 5 p.m. ET 5/6/16. Filed Date: 4/12/16. Description: Compliance filing: Re- Docket Numbers: ER16–1436–000. Accession Number: 20160412–5278. baseline to be effective 4/16/2016. Applicants: Public Service Company Comments Due: 5 p.m. ET 4/25/16. Filed Date: 4/15/16. of Colorado. Docket Numbers: RP16–565–001. Accession Number: 20160415–5157. Description: Tariff Cancellation: Applicants: Transcontinental Gas Comments Due: 5 p.m. ET 5/6/16. 20160415_PSCo Tariff Cancellation to Pipe Line Company, Docket Numbers: ER16–1429–000. be effective 4/15/2016.
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Filed Date: 4/15/16. SUMMARY: This notice announces our EPA defines the following terms and Accession Number: 20160415–5256. approval of the Alternative Means of acronyms here: Comments Due: 5 p.m. ET 5/6/16. Emission Limitation (AMEL) request for AMEL alternative means of emission Docket Numbers: ER16–1437–000. the operation of a multi-point ground limitation Applicants: 62SK 8ME LLC. flare (MPGF) at Occidental Chemical Btu/scf British thermal units per standard Description: § 205(d) Rate Filing: CO– Corporation’s (OCC) ethylene plant in cubic foot TENANCY AND SHARED FACILITIES Ingleside, Texas. This approval notice CBI confidential business information CFR Code of Federal Regulations Normal to be effective 6/7/2016. specifies the operating conditions and monitoring, recordkeeping, and EPA Environmental Protection Agency Filed Date: 4/15/16. Eqn equation Accession Number: 20160415–5263. reporting requirements for FR Federal Register Comments Due: 5 p.m. ET 5/6/16. demonstrating compliance with the GC gas chromatograph AMEL request that this facility must Take notice that the Commission HAP hazardous air pollutants follow. In addition, this notice finalizes received the following electric securities LFL lower flammability limit a framework that facilities can follow to LFLcz combustion zone lower flammability filings: help expedite and streamline approval limit Docket Numbers: ES16–28–000. of future AMEL requests for pressure- MPGF multi-point ground flare Applicants: American Transmission assisted MPGF. NESHAP national emission standards for Company LLC, ATC Management Inc. hazardous air pollutants DATES: The AMEL request for the MPGF Description: Application under NHV net heating value at OCC’s ethylene plant in Ingleside, NHVcz combustion zone net heating value Section 204 of the Federal Power Act for Texas, is approved and in effect on NSPS new source performance standards Authorization to Issue Securities of April 21, 2016. OAQPS Office of Air Quality Planning and American Transmission Company LLC. Standards ADDRESSES: The Environmental Filed Date: 4/15/16. OCC Occidental Chemical Corporation Accession Number: 20160415–5178. Protection Agency (EPA) has established PS Performance Specification Comments Due: 5 p.m. ET 5/6/16. a docket for this action under Docket ID QA quality assurance No. EPA–HQ–OAR–2014–0738. All QC quality control The filings are accessible in the documents in the docket are listed on VOC volatile organic compounds Commission’s eLibrary system by the http://www.regulations.gov Web Organization of This Document. The clicking on the links or querying the site. Although listed in the index, some docket number. information in this notice is organized information is not publicly available, as follows: Any person desiring to intervene or e.g., confidential business information protest in any of the above proceedings (CBI) or other information whose I. Background must file in accordance with Rules 211 A. Summary disclosure is restricted by statute. B. Regulatory Flare Requirements and and 214 of the Commission’s Certain other material, such as Regulations (18 CFR 385.211 and OCC’s AMEL Request copyrighted material, is not placed on II. Summary of Public Comments on OCC’s 385.214) on or before 5:00 p.m. Eastern the Internet and will be publicly AMEL Request and the Framework for time on the specified comment date. available only in hard copy form. Streamlining Approval of Future Protests may be considered, but Publicly available docket materials are Pressure-Assisted MPGF AMEL Requests intervention is necessary to become a available either electronically through A. OCC’s AMEL Request party to the proceeding. http://www.regulations.gov, or in hard B. Framework for Streamlining Approval of Future Pressure-Assisted MPGF AMEL eFiling is encouraged. More detailed copy at the EPA Docket Center, EPA information relating to filing Requests WJC West Building, Room Number III. Final Notice of Approval of OCC’s AMEL requirements, interventions, protests, 3334, 1301 Constitution Ave. NW., service, and qualifying facilities filings Request and Required Operating Washington, DC. The Public Reading Conditions can be found at: http://www.ferc.gov/ Room hours of operation are 8:30 a.m. IV. Final Framework for Streamlining docs-filing/efiling/filing-req.pdf. For to 4:30 p.m. Eastern Standard Time Approval of Future Pressure-Assisted other information, call (866) 208–3676 (EST), Monday through Friday. The MPGF AMEL Requests (toll free). For TTY, call (202) 502–8659. telephone number for the Public I. Background Dated: April 15, 2016. Reading Room is (202) 566–1744, and Kimberly D. Bose, the telephone number for the Air Docket A. Summary Secretary. is (202) 566–1742. On August 31, 2015, the EPA [FR Doc. 2016–09225 Filed 4–20–16; 8:45 am] FOR FURTHER INFORMATION CONTACT: For published an initial notification in the BILLING CODE 6717–01–P questions about this final action, contact Federal Register (FR) acknowledging Mr. Andrew Bouchard, Sector Policies receipt of an AMEL approval request for and Programs Division (E143–01), Office the operation of an MPGF at OCC’s ENVIRONMENTAL PROTECTION of Air Quality Planning and Standards ethylene plant in Ingleside, Texas, (see AGENCY (OAQPS), U.S. Environmental 80 FR 52426, August 31, 2015). This Protection Agency, Research Triangle initial notification solicited comment on [EPA–HQ–OAR–2014–0738; FRL–9945–15– Park, North Carolina 27711; telephone all aspects of the AMEL request and the OAR] number: (919) 541–4036; fax number: resulting alternative operating (919) 541–0246; and email address: conditions that are necessary to achieve Notice of Final Approval for the [email protected]. a reduction in emissions of volatile Operation of a Pressure-Assisted SUPPLEMENTARY INFORMATION: organic compounds (VOC) and organic Multi-Point Ground Flare at Occidental hazardous air pollutants (HAP) at least Chemical Corporation Acronyms and Abbreviations equivalent to the reduction in emissions AGENCY: Environmental Protection We use multiple acronyms and terms required by various standards in 40 CFR Agency (EPA). in this notice. While this list may not be parts 60, 61, and 63 that apply to exhaustive, to ease the reading of this emission sources that would be ACTION: Notice; final approval. notice and for reference purposes, the controlled by these pressure-assisted
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MPGF. These standards point to the II. Summary of Public Comments on for compliance purposes and that the operating requirements for flares in the OCC’s AMEL Request and the EPA clarify that the calibration and General Provisions to parts 60 and 63, Framework for Streamlining Approval maintenance procedures conducted respectively, to comply with the of Future Pressure-Assisted MPGF when the flare is not receiving regulated emission reduction requirements. AMEL Requests material be excluded from the monitor Because pressure-assisted MPGF cannot This section contains a summary of downtime calculation. Response: The requirement to perform meet the velocity requirements in the major comments and responses, and a daily mid-level calibration check for a General Provisions, OCC requested an rationale for the approved MPGF GC is codified in the procedure of PS 9 AMEL. This action provides a summary operating conditions and monitoring, of 40 CFR part 60, appendix B, and of the comments received as part of the recordkeeping, and reporting Table 2 of Section III in this notice public review process, our responses to requirements necessary to ensure the already provides some relief with those comments, and our approval of MPGF will achieve a reduction in respect to the amount of analysis the AMEL request received from OCC emissions of HAP and VOC at least needed (i.e., a single daily mid-level for use of a pressure-assisted MPGF at equivalent to the reduction in emissions calibration check can be used (rather their Ingleside, Texas, ethylene plant, of other traditional flare systems than triplicate analysis)) for the along with the operating conditions they complying with the requirements in 40 calibration checks on a GC. The AMEL must follow for demonstrating CFR 60.18(b) and 40 CFR 63.11(b). This does not require monitoring with a GC, compliance with the AMEL request. section also contains a summary of the but rather allows for the use of either a major comments and responses received Additionally, the August 31, 2015, FR GC or a calorimeter to demonstrate on the framework for streamlining initial notification also solicited compliance with the monitoring and approval of future MPGF AMEL comment on a framework for operating requirements. Given that requests and our rationale for finalizing OCC’s MPGF will handle both planned streamlining future MPGF AMEL this framework. requests that we anticipate, when maintenance, startup and shutdown followed, would afford the Agency the A. OCC’s AMEL Request events as well as potential emergency situations, a monitoring system used to ability to review and approve future Comment: Commenters stated that the AMEL requests for MPGF in a more demonstrate compliance for this AMEL LFLcz equation (i.e., Eqn. 2 in Section III must be capable of producing a reliable efficient and expeditious manner. This below) should be revised so that the action provides a summary of comments result instantaneously, and the more calculated LFLvg is expressed in volume frequent (i.e., daily) calibrations received on the framework as part of the percent rather than in volume fraction. required in PS 9 provides a high level public review process, our responses to Response: While the equation is of assurance that the GC reading will be those comments, and finalizes a mathematically correct with respect to both precise and accurate. Thus, we are framework for streamlining future calculating LFLvg in volume fraction, we not changing the requirement within PS pressure-assisted MPGF AMEL requests. agree with the commenters that it 9 to allow less frequent (i.e., weekly) We note that future AMEL requests should be revised to reflect the same calibration checks for a GC. We do would still require a notice and an units as the compliance metric of LFLvg understand that monitoring equipment opportunity for the public to comment. in volume percent. Since multiplying can break down or need maintenance the volume fraction term by 100 will from time to time to continue to perform B. Regulatory Flare Requirements and yield a result in units of volume OCC’s AMEL Request reliably. Therefore, to provide flexibility percent, we have updated Eqn. 2 in that ensures the GC is maintained OCC submitted an AMEL request to Section III to reflect this consistency properly, we are clarifying that change. the EPA on December 16, 2014, seeking calibration and maintenance procedures Comment: Commenters stated that the to operate an MPGF for use during conducted when the flare is not calibration requirements in Table 2 of limited high-pressure maintenance, receiving regulated material are Section III of this notice require OCC to startup, and shutdown events, as well as excluded from the monitor downtime monitor net heating value by gas calculation. Also, we are clarifying that emergency situations at their ethylene chromatograph (GC) and follow the plant in Ingleside, Texas. In their monitor downtime to perform procedure in Performance Specification calibration and maintenance procedures request, OCC cited various regulatory (PS) 9 of 40 CFR part 60, appendix B, requirements in 40 CFR parts 60, 61, may not exceed 5 percent of the time and that these requirements require a when the flare is receiving regulated and 63 that will apply to the flare waste daily mid-level calibration check and gas streams that will be collected and material, calculated on an annual, non- that the EPA should change them from rolling average basis as OCC further routed to their pressure-assisted MPGF. a daily basis to a weekly basis. clarified in their comments on the OCC sought such an AMEL request Commenters stated that a weekly AMEL request during a conference call because their MPGF is not designed to calibration should be allowed because with the EPA (see memorandum, operate below the maximum permitted operating conditions in Table 2 in ‘‘Meeting Record for January 12, 2016, velocity requirements for flares in the Section III(1)(f) of this notice only allow Meeting Between the U.S. EPA and General Provisions of 40 CFR parts 60 the time needed to perform a daily Occidental Chemical Corporation,’’ at and 63. OCC provided information that calibration, along with other Docket ID No. EPA–HQ–OAR–2014– the MPGF they propose to use will maintenance periods and instrument 0738). achieve a reduction in emissions at least adjustments, to not exceed 5 percent Comment: Commenters stated that the equivalent to the reduction in emissions and that a daily calibration will lead to EPA should include a provision in the for flares complying with these General a built-in loss of monitor downtime of final AMEL to allow a small percentage Provisions requirements (for further almost 5 percent since it requires 1 hour of downtime (i.e., 5 percent of the time background information on the in a 24-hour day (e.g., 4.2 percent of the the flare is receiving regulated material) regulatory flare requirements and a time). Commenters also requested that for video camera maintenance and facility’s ability to request an AMEL, see this monitor downtime should be repair/replacement. One commenter 80 FR 52427–52428, August 31, 2015). calculated on a rolling 12-month basis asked for the EPA to add language to
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clarify that the video camera minute period is an excess emission that the regulated community with a clear requirement for monitoring visible must be reported. and concise understanding of the emissions applies only when the flare is Comment: One commenter requested minimum information that must be receiving regulated material. that the EPA clarify the language with provided to the Agency so that we can Response: Given that the MPGFs respect to requiring ‘‘records’’ in the adequately evaluate an MPGF AMEL approved in earlier AMELs, as well as excess emissions reporting requirements request. The information listed in the OCC’s MPGF, are all back-up control and suggested replacing the term with framework is necessary to evaluate devices, we are clarifying that the video ‘‘periods.’’ whether an MPGF operates properly and camera requirement for monitoring Response: We disagree with changing controls emissions of regulated material visible emissions applies only when the the terminology ‘‘records’’ to ‘‘periods’’ at least equivalent to applicable flare is receiving regulated material. in the excess emissions reporting regulations. Hence, information related Furthermore, while we realize that requirements. Section III(6)(c) of the to details of the overall emissions MPGFs have sufficiently tall fences built operating conditions below are clear control scheme, MPGF capacity, around them primarily for safety, their that we are not requiring reporting of all operation and burner size, cross-light design does pose a potential challenge records that an owner or operator may testing, and flaring reduction with respect to allowing a person on the keep or that they may be required to considerations are all important and ground to monitor the MPGFs for visible keep as a condition of AMEL approval necessary information to adequately emissions. Given that the AMEL for a given MPGF, but rather, that the make an equivalency determination. requests we have approved to date from owner or operator must report the Therefore, we are not removing them The Dow Chemical Company (Dow) and specific information in the excess from the framework. ExxonMobil Chemical Company emissions report. Second, with respect to submitting information that may have been (ExxonMobil) (see 80 FR 52426, August B. Framework for Streamlining 31, 2015), as well as this AMEL developed and submitted already for Approval of Future Pressure-Assisted permitting purposes, we note that this approved for OCC, all allow for MPGF AMEL Requests permitted use of MPGF only in cases of framework is designed to help maintenance, startup, shutdown, and Comment: One commenter stated that streamline and expedite future emergency situations and not on a the framework for streamlining approval approvals of MPGF AMEL requests. If continuous basis, the time when the of future MPGF AMEL requests should an owner or operator does not submit MPGF is not in operation should be not require information unrelated to a the information set forth in the sufficient for video camera maintenance burner equivalency determination, framework, additional time and resources will have to be spent to and repair/replacement to occur. information that has already been evaluate the AMEL request. Therefore, we are not including a submitted to other parts of the Agency for permitting purposes, or proprietary Lastly, with respect to concerns about provision to allow any downtime for MPGF burner design and the potential video camera maintenance and repair/ MPGF burner design information. Specifically, the commenter stated that for some of the information to be replacement when the MPGF is proprietary (e.g., geometry, tip drillings, receiving regulated material. the EPA should remove the following information from the framework that and hole size), we note that the MPGF Comment: A few commenters owners or operators seeking approval of burner tests conducted to date indicate suggested that the EPA clarify the an MPGF AMEL are required to submit: that flare head design (along with waste language in the referenced operating • Details of the overall emissions gas composition) can influence flame conditions in Section III(2) of this notice control scheme: Section IV(1)(b). stability, which is one of the more which states: ‘‘Each stage of MPGF • MPGF capacity and operation important factors affecting performance burners must have at least two pilots (including number of rows (stages), of the MPGF that the Agency must with a continuously lit pilot flame.’’ number of burners and pilots per stage consider in whether to approve an Specifically, commenters requested that and staging curve): Section IV(1)(b). AMEL request and agree with the the EPA clarify that while each stage of • MPGF burner size and design: commenter that flare stability is affected the MPGF is equipped with a minimum Section IV(1)(c) and (1)(d). by burner design/waste gas combination of two pilots, that only one • Cross-light testing: Section IV(5) in tested (see 80 FR 8023, February 13, continuously lit pilot flame is needed its entirety. 2015, for more details). To the extent the when the stage is in operation. • Flaring reduction considerations: owner, operator or flare vendor/ Response: We disagree that it is Section IV(6)(a). manufacturer considers this information necessary to change the operating Another commenter stated that at to be CBI, they should note that in their conditions language in Section III(2) as Section IV(3)(a)(ii), for an engineering MPGF AMEL request, and we will suggested by the commenters, and we evaluation demonstration, once a burner provide details on our CBI policy and believe the requirements for the OCC of a specific type, size, and geometry procedures on how they should submit AMEL approval should be consistent has been tested on a waste gas, that this information to the Agency after the with the previous AMEL operating burner can be considered to be proven AMEL request has been received. At a conditions published for both Dow and stable and smokeless for that waste gas minimum, facilities should note the ExxonMobil (see 80 FR 52426, August only. Further, the commenter states that flare vendor and burner model name. 31, 2015). The operating conditions in engineering assessment and Comment: One commenter Section III(2) and reporting extrapolation should only be permitted recommended that the framework allow requirements in Section III(6) of this under the framework where burner flare vendors/manufacturers and owners notice are clear that the MPGF system design and waste gas are the same as or operators to determine and document should be equipped with a minimum of tested because any deviation in burner the most appropriate burner testing two pilots per stage and that a flame design or waste gas could lead to durations (e.g., 5-minute screening test must be present at all times the stage is significant changes in stability or to determine flameout followed by three in use and burning regulated material. smokeless capacity. 15-minute tests at other more stable In addition, a complete loss of pilot Response: First, we note that the points). Another commenter suggested flame for more than 1 minute in a 15- objective of the framework is to provide that for the sole purpose of flame
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stability evaluation, 3 to 5 minutes is Comment: One commenter stated that statutory requirement, we cannot sufficient for a testing duration. in lieu of using a generic olefin gas or provide any additional language for the One commenter suggested that the an olefinic gas mixture for purposes of regulated community with respect to specific requirements of the flare flame the destruction efficiency/combustion promptly approving an AMEL request stability tests be enumerated in Section efficiency performance demonstration without first considering public IV(4)(b) below since it references back to specified in the framework, the comments regardless of whether or not performance test information in Section framework should require the all the information submitted to the IV(3)(a)(i). performance test to be based only on Agency exactly follows the framework Response: After consideration of the waste gas representative of the proposed in Section IV below. comments received during the comment flaring application, in conjunction with Comment: One commenter suggested period as well as the supplemental the specific burner type proposed for that the framework should specify that technical information received after the use. cross-light testing is only required when close of the comment period (see Response: As discussed in Section every burner in the MPGF does not have memorandum, ‘‘Meeting Record for IV(3)(a), the framework provides the a continuous pilot. January 7, 2016, Meeting Between the owner or operator with the option to test Another commenter agreed with the U.S. EPA and Zeeco,’’ at Docket ID No. the MPGF using a representative waste cross-light testing specified in the EPA–HQ–OAR–2014–0738), we agree gas or a waste gas, such as an olefin gas framework. with the commenters that the duration or olefinic gas mixture, that will Response: An MPGF can have of the MPGF stability test runs in challenge the performance and hundreds of burners and, when seeking Section IV(4)(c) can be shortened from smokeless capacity of the MPGF. Since an approval of an AMEL request, the 15 minutes, but disagree with the MPGF testing is occurring prior to plant owner or operator must demonstrate commenters that we should allow flare construction and startup, sufficient that the system can be operated with a vendors/manufacturers and owners or representative waste gas may not be flame present at all times when operators to determine and document available to satisfy the testing regulated material is routed to the flare the most appropriate burner testing requirements specified. Therefore, we and that the burners will light and durations. In reviewing the available allow olefin gas or olefinic gas mixtures combust this regulated material. To test data on an MPGF where unstable to be considered since they represent date, the AMEL requests for MPGF test runs with constant conditions were the olefins industry where the MPGF systems we have approved indicate that observed, a few runs were aborted in 4 installations are being used and since cross lighting will be used to light the minutes or less due to instability (see they have been shown to challenge vast majority of individual burners memorandum, ‘‘Review of Available MPGF performance. For this reason, we within a given stage, which is why this Test Data on Multipoint Ground Flares,’’ disagree with the commenter that we testing requirement is specified in the at Docket ID No. EPA–HQ–OAR–2014– should amend this requirement in the framework. If a future MPGF design will 0738–0002). The commenters have framework. not use cross lighting, the owner or suggested that the instability was related Comment: A few commenters operator must demonstrate through to the changing and decreasing heat suggested that the EPA allow the AMEL testing how the burners within a stage content and composition of the fuel gas framework to provide approval for will be lit to combust regulated material. stream as the fuel gas mixture was being alternate proposed combustion Because this would be a different design produced for the trial flare run. If the parameters or on-line monitoring from the MPGF that informed our demonstration had instead relied upon requirements and technology. development of the framework, different a constant gas mixture that could have One commenter suggested that the requirements from those specified in been produced in a mix tank, rather framework should provide success Section IV (5) below for the pilot flames than an online mixer, than the criteria for submittal and that a clear and pilot monitoring systems may be demonstration of stability could have articulation of the criteria the Agency required for such an MPGF system and been done over a shorter duration. In will use to promptly approve an AMEL these should be conveyed in the AMEL addition, when correlating back the request is needed. request. MPGF stability testing duration to the Response: As laid out in Section IV Comment: One commenter suggested averaging time for a monitoring system (7) below, sources should consider all that a mechanism similar to the like a GC that can be used to the information laid out in their AMEL ‘‘Framework for Streamlining Approval demonstrate compliance with the application and make recommendations for Future Pressure-Assisted MPGF operating conditions laid out in Section on the type of monitoring and operating AMEL’’ should also be made available III below, the total testing time of the conditions necessary for the MPGF to for elevated flares that use pressure- three runs should tie back to the time it demonstrate equivalent reductions in assisted burners. takes for one GC analysis cycle to occur emissions as compared to flares Response: While we understand the (e.g., 15 minutes in duration). Therefore, complying with the requirements at 40 commenter’s suggestion that the Agency based on these reasons, as well as in CFR 60.18 and 40 CFR 63.11. clearly prescribe a path forward for order to minimize emissions from the Additionally, we note that while the evaluating non-MPGF pressure-assisted MPGF stability testing requirements, we framework should provide the regulated flare designs that may not be able to are finalizing in Section IV(4)(c) that the community a blueprint for the comply with the flare requirements of duration of each individual MPGF minimum information the Agency needs 40 CFR 60.18(b) or 40 CFR 63.11(b), this stability test run must be a minimum of to review and eventually finalize an request is beyond the scope of both 5 minutes in duration rather than the MPGF AMEL request, the Clean Air Act OCC’s MPGF AMEL request and the longer period of 15 minutes in duration requires us to provide the public with framework for pressure-assisted MPGF. that was in the initial framework. notice and opportunity to comment on Regarding the comment to enumerate the AMEL (see 80 FR 8023, February 13, III. Final Notice of Approval of OCC’s the performance test information in 2015, and 80 FR 52426, August 31, AMEL Request and Required Operating Section IV(4)(b) rather than cross- 2015, for more details) and consider this Conditions referencing to Section IV(3)(a)(i), we input before any AMEL request can be Based on information the EPA disagree that the change is necessary. formally finalized. Because of this received from OCC and the comments
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received through the public comment 63.11(b) or 40 CFR 60.18(b) are as or LFLcz metric by continuously period, we are approving OCC’s request follows: complying with a 15-minute block for an AMEL and establishing operating (1) The MPGF system must be average. Owners or operators must requirements for the pressure-assisted designed and operated such that the calculate and monitor for the NHVcz or MPGF at OCC’s Ingleside, Texas, combustion zone gas net heating value LFLcz according to the following: ethylene plant. The operating (NHVcz) is greater than or equal to 800 conditions for OCC’s MPGF that will British thermal units per standard cubic a) Calculation of NHVcz achieve a reduction in emissions at least foot (Btu/scf) or the combustion zone (i) The owner or operator shall equivalent to the reduction in emissions gas lower flammability limit (LFLcz) is being controlled by a steam-assisted, air- less than or equal to 6.5 percent by determine NHVcz from compositional assisted, or non-assisted flare complying volume. Owners or operators must analysis data by using the following equation: with the requirements of either 40 CFR demonstrate compliance with the NHVcz
Where: n = Number of components in flare vent gas. °C for ‘‘standard temperature.’’ Table 1 xi = Concentration of component i in flare NHVvg = Net heating value of flare vent gas, summarizes component properties Btu/scf. Flare vent gas means all gas vent gas, volume fraction. including net heating values. NHVi = Net heating value of component i found just prior to the MPGF. This gas determined as the heat of combustion (ii) For MPGF, NHVvg = NHVcz. includes all flare waste gas (i.e., gas from where the net enthalpy per mole of facility operations that is directed to a offgas is based on combustion at 25 (b) Calculation of LFLcz flare for the purpose of disposing of the degrees Celsius (°C) and 1 atmosphere gas), flare sweep gas, flare purge gas and (or constant pressure) with water in the (i) The owner or operator shall flare supplemental gas, but does not gaseous state from values published in determine LFLcz from compositional include pilot gas. the literature, and then the values analysis data by using the following i = Individual component in flare vent gas. converted to a volumetric basis using 20 equation:
Where: (c) The operator of an MPGF system measuring, calculating, and recording LFLvg = Lower flammability limit of flare vent shall install, operate, calibrate, and NHVvg. gas, volume percent (vol %). maintain a monitoring system capable of (e) For each measurement produced n = Number of components in the vent gas. continuously measuring flare vent gas by the monitoring system, the operator i = Individual component in the vent gas. flow rate. shall determine the 15-minute block ci = Concentration of component i in the vent average as the arithmetic average of all gas, vol %. (d) The operator shall install, operate, measurements made by the monitoring LFLi = Lower flammability limit of calibrate, and maintain a monitoring component i as determined using values system within the 15-minute period. system capable of continuously (f) The operator must follow the published by the U.S. Bureau of Mines measuring (i.e., at least once every 15 (Zabetakis, 1965), vol %. All inerts, calibration and maintenance procedures including nitrogen, are assumed to have minutes), calculating, and recording the according to Table 2. Maintenance ∞ an infinite LFL (e.g., LFLN2 = , so that individual component concentrations periods, instrument adjustments, or cN2/LFLN2 = 0). LFL values for common present in the flare vent gas or the checks to maintain precision and flare vent gas components are provided owner or operator shall install, operate, accuracy and zero and span adjustments in Table 1. calibrate, and maintain a monitoring may not exceed 5 percent of the time the (ii) For MPGF, LFLvg = LFLcz. system capable of continuously flare is receiving regulated material.
TABLE 1—INDIVIDUAL COMPONENT PROPERTIES
NHVi MWi (British Molecular LFLi Component formula (pounds per thermal units pound-mole) per standard (volume %) cubic foot)
Acetylene ...... C2H2 26.04 1,404 2.5 Benzene ...... C6H6 78.11 3,591 1.3 1,2-Butadiene ...... C4H6 54.09 2,794 2.0 1,3-Butadiene ...... C4H6 54.09 2,690 2.0 iso-Butane ...... C4H10 58.12 2,957 1.8 n-Butane ...... C4H10 58.12 2,968 1.8 cis-Butene ...... C4H8 56.11 2,830 1.6
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TABLE 1—INDIVIDUAL COMPONENT PROPERTIES—Continued
NHVi MWi (British Molecular LFLi Component (pounds per thermal units (volume %) formula pound-mole) per standard cubic foot)
iso-Butene ...... C4H8 56.11 2,928 1.8 trans-Butene ...... C4H8 56.11 2,826 1.7 Carbon Dioxide ...... CO2 44.01 0 ∞ Carbon Monoxide ...... CO 28.01 316 12.5 Cyclopropane ...... C3H6 42.08 2,185 2.4 Ethane ...... C2H6 30.07 1,595 3.0 Ethylene ...... C2H4 28.05 1,477 2.7 Hydrogen ...... H2 2.02 274 4.0 Hydrogen Sulfide ...... H2S 34.08 587 4.0 Methane ...... CH4 16.04 896 5.0 Methyl-Acetylene ...... C3H4 40.06 2,088 1.7 Nitrogen ...... N2 28.01 0 ∞ Oxygen ...... O2 32.00 0 ∞ Pentane+ (C5+) ...... C5H12 72.15 3,655 1.4 Propadiene ...... C3H4 40.06 2,066 2.16 Propane ...... C3H8 44.10 2,281 2.1 Propylene ...... C3H6 42.08 2,150 2.4 Water ...... H2O 18.02 0 ∞
TABLE 2—ACCURACY AND CALIBRATION REQUIREMENTS
Parameter Accuracy requirements Calibration requirements
Flare Vent Gas Flow Rate ... ±20 percent of flow rate at velocities ranging from 0.1 Performance evaluation biennially (every 2 years) and to 1 foot per second. following any period of more than 24 hours through- ±5 percent of flow rate at velocities greater than 1 foot out which the flow rate exceeded the maximum rated per second. flow rate of the sensor, or the data recorder was off scale. Checks of all mechanical connections for leak- age monthly. Visual inspections and checks of sys- tem operation every 3 months, unless the system has a redundant flow sensor. Select a representative measurement location where swirling flow or abnormal velocity distributions due to upstream and downstream disturbances at the point of measurement are minimized. Pressure ...... ±5 percent over the normal range measured or 0.12 Review pressure sensor readings at least once a week kilopascals (0.5 inches of water column), whichever for straight-line (unchanging) pressure and perform is greater. corrective action to ensure proper pressure sensor operation if blockage is indicated. Performance evaluation annually and following any pe- riod of more than 24 hours throughout which the pressure exceeded the maximum rated pressure of the sensor, or the data recorder was off scale. Checks of all mechanical connections for leakage monthly. Visual inspection of all components for in- tegrity, oxidation and galvanic corrosion every 3 months, unless the system has a redundant pressure sensor. Select a representative measurement location that mini- mizes or eliminates pulsating pressure, vibration, and internal and external corrosion. Net Heating Value by Calo- ±2 percent of span ...... Calibration requirements should follow manufacturer’s rimeter. recommendations at a minimum. Temperature control (heated and/or cooled as nec- essary) the sampling system to ensure proper year- round operation. Where feasible, select a sampling location at least 2 equivalent diameters downstream from and 0.5 equivalent diameters upstream from the nearest dis- turbance. Select the sampling location at least 2 equivalent duct diameters from the nearest control device, point of pollutant generation, air in-leakages, or other point at which a change in the pollutant con- centration or emission rate occurs.
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TABLE 2—ACCURACY AND CALIBRATION REQUIREMENTS—Continued
Parameter Accuracy requirements Calibration requirements
Net Heating Value by Gas As specified in PS 9 of 40 CFR part 60, appendix B ..... Follow the procedure in PS 9 of 40 CFR part 60, ap- Chromatograph. pendix B, except that a single daily mid-level calibra- tion check can be used (rather than triplicate anal- ysis), the multi-point calibration can be conducted quarterly (rather than monthly), and the sampling line temperature must be maintained at a minimum tem- perature of 60 °C (rather than 120 °C).
(2) The MPGF system shall be (6) Reporting Requirements. NHVcz or LFLcz) is not met for the MPGF operated with a flame present at all (a) The information specified in when regulated material is being times when in use. Each stage of MPGF Section III (6)(b) and (c) below should combusted in the flare. Indicate the date burners must have at least two pilots be reported in the timeline specified by and time for each period, the NHVcz with a continuously lit pilot flame. The the applicable rule subpart(s) for which and/or LFLcz operating parameter for the pilot flame(s) must be continuously the MPGF will control emissions. period and the type of monitoring monitored by a thermocouple or any (b) Owners or operators should system used to determine compliance other equivalent device used to detect include the following information in with the operating parameters (e.g., gas the presence of a flame. The time, date, their initial Notification of Compliance chromatograph or calorimeter). and duration of any complete loss of status report: (iv) Records of when the pressure pilot flame on any stage of MPGF (i) Specify flare design as a pressure- monitor(s) on the main flare header burners must be recorded. Each assisted MPGF. show the MPGF burners are operating monitoring device must be maintained (ii) All visible emission readings, outside the range of tested conditions or or replaced at a frequency in accordance NHVcz and/or LFLcz determinations, and outside the range of the manufacturer’s with the manufacturer’s specifications. flow rate measurements. For MPGF, exit specifications. Indicate the date and (3) The MPGF system shall be velocity determinations do not need to time for each period, the pressure operated with no visible emissions be reported as the maximum permitted measurement, the stage(s) and number except for periods not to exceed a total velocity requirements in the General of MPGF burners affected and the range of 5 minutes during any 2 consecutive Provisions at 40 CFR 60.18 and 40 CFR of tested conditions or manufacturer’s hours. A video camera that is capable of 63.11 are not applicable. specifications. continuously recording (i.e., at least one (iii) All periods during the (v) Records of when the staging valve frame every 15 seconds with time and compliance determination when a position indicator monitoring system date stamps) images of the flare flame complete loss of pilot flame on any stage indicates a stage of the MPGF should and a reasonable distance above the of MPGF burners occurs. not be in operation and is or when a flare flame at an angle suitable for (iv) All periods during the compliance stage of the MPGF should be in visible emissions observations must be determination when the pressure operation and is not. Indicate the date used to demonstrate compliance with monitor(s) on the main flare header and time for each period, whether the this requirement. The owner or operator show the MPGF burners operating stage was supposed to be open, but was must provide real-time video outside the range of tested conditions or closed or vice versa, and the stage(s) and surveillance camera output to the outside the range of the manufacturer’s number of MPGF burners affected. control room or other continuously specifications. IV. Final Framework for Streamlining manned location where the video (v) All periods during the compliance Approval of Future Pressure-Assisted camera images may be viewed at any determination when the staging valve MPGF AMEL Requests time. position indicator monitoring system (4) The operator of an MPGF system indicates a stage of the MPGF should We are finalizing a framework that shall install and operate pressure not be in operation and is or when a sources may use to submit an AMEL monitor(s) on the main flare header, as stage of the MPGF should be in request to the EPA in order to use an well as a valve position indicator operation and is not. MPGF as control devices to comply with monitoring system for each staging (c) The owner or operator shall notify new source performance standards valve to ensure that the MPGF operates the Administrator of periods of excess (NSPS) and national emission standards within the range of tested conditions or emissions in their Periodic Reports. for hazardous air pollutants (NESHAP) within the range of the manufacturer’s These periods of excess emissions shall under 40 CFR parts 60, 61, and 63. At specifications. The pressure monitor include: a minimum, sources considering use of shall meet the requirements in Table 2. (i) Records of each 15-minute block an MPGF as an emissions control Maintenance periods, instrument during which there was at least 1 technology should provide the EPA adjustments or checks to maintain minute when regulated material was with the following information in its precision and accuracy, and zero and routed to the MPGF and a complete loss AMEL request when demonstrating span adjustments may not exceed 5 of pilot flame on a stage of burners MPGF equivalency: percent of the time the flare is receiving occurred. (1) Project Scope and Background. regulated material. (ii) Records of visible emissions (a) Size and scope of plant, products (5) Recordkeeping Requirements. events that are time and date stamped produced, location of facility, and the (a) All data must be recorded and and exceed more than 5 minutes in any MPGF proximity, if less than 2 miles, to maintained for a minimum of 3 years or 2-hour consecutive period. the local community and schools. for as long as applicable rule subpart(s) (iii) Records of each 15-minute block (b) Details of overall emissions control specify flare records should be kept, period for which an applicable scheme (e.g., low pressure control whichever is more stringent. combustion zone operating limit (i.e., scenario and high pressure control
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scenario), MPGF capacity and operation barometric pressure, wind speed and combustion efficiency, the data (including number of rows (stages), direction and relative humidity), and elements laid out in Section IV(3)(a)(i) number of burners and pilots per stage whether there were any observed flare above should also be reported. and staging curve), and how the MPGF flameouts. (c) Using the results from Section will be used (e.g., controls routine (ii) If an engineering assessment is IV(4)(b) above as a starting point, flows, only controls flows during done, sources must provide to the sources must perform a minimum of periods of startup, shutdown, Agency a demonstration that a proper three replicate tests at both the maintenance, emergencies). level of destruction/combustion minimum and maximum operating (c) Details of typical and/or efficiency was obtained through prior conditions on at least one MPGF burner anticipated waste gas compositions and performance testing for a similar at or above the NHVcz or at or below the profiles to be routed to the MPGF for equivalent burner type design. To LFLcz determined in Section IV(4)(b). If control. support an equivalent burner more than one burner is tested, the (d) MPGF burner design including assessment of destruction/combustion spacing between the burners must be type, geometry, and size. efficiency, sources must discuss and representative of the projected (e) Anticipated date of startup. provide information related to design installation. Each test must be a (2) Regulatory Applicability. principles of burner type, burner size, minimum of 5 minutes in duration with (a) Detailed list or table of applicable burner geometry, air-fuel mixing, and NESHAP and/or NSPS, applicable constant flow and composition for the the combustion principles associated three runs at minimum conditions, and standards that allow use of flares, and with this burner that will assure authority that allows the owner or the three runs at the maximum smokeless operation under a variety of conditions. The data and data elements operator to request an AMEL. operating conditions. Similarly, sources (3) Destruction Efficiency/Combustion mentioned in Section IV(4)(b) must also must also provide details outlining why be reported. Efficiency Performance Demonstration. all of these factors, in concert with the (a) Sources must provide a (5) MPGF Cross-light Testing. waste gas that was tested in the (a) Sources must design and carry out performance demonstration to the supporting reference materials, support Agency that the MPGF pressure-assisted a performance test to successfully the conclusion that the MPGF burners demonstrate that cross lighting of the burner being proposed for use will being proposed for use by the source MPGF burners will occur over the range achieve a level of control at least will achieve at least an equivalent level of operating conditions (e.g., operating equivalent to the most stringent level of of destruction efficiency as required by pressure and/or velocity (Mach) control required by the underlying the underlying applicable regulations. standards (e.g., 98-percent destruction (4) MPGF Stability Testing. condition) for which the burners will be efficiency or better). Facilities can elect (a) The operation of an MPGF with a used. Sources may use the NHVcz and/ to do a performance test that includes a stable, lit flame is of paramount or LFLcz established in Section IV(4) minimum of three test runs under the importance to continuously ensuring above and perform a minimum of three most challenging conditions (e.g., good flare performance; therefore, any replicate runs at each of the operating highest operating pressure and/or sonic source wishing to demonstrate conditions. Sources must cross-light a velocity conditions) using passive equivalency for purposes of using these minimum of three burners and the Fourier transform infrared spectroscopy types of installations must conduct a spacing between the burners and (PFTIR) testing, extractive sampling or stability performance test. Since flare tip location of the pilot flame must be rely on an engineering assessment. design and waste gas composition have representative of the projected Sources must test using fuel significant impact on the range of stable installation. At a minimum, sources representative of the type of waste gas operation, sources should use a must report the following: A description the MPGF will typically burn or representative waste gas the MPGF will of the testing, a protocol describing the substitute a waste gas such as an olefin typically burn or a waste gas, such as an test methodology used, associated test gas or olefinic gas mixture that will olefin or olefinic mixture, that will method QA/QC parameters, the waste challenge the MPGF to achieve a high challenge the MPGF to perform at a high gas composition and NHVcz and/or LFLcz destruction efficiency smokelessly. level with a stable flame as well as of the gas tested, the velocity (or Mach (i) If a performance test is conducted challenge its ability to achieve speed ratio) of the waste gas tested, the on the burners, a test report must be smokeless operation. MPGF burner tip pressure, the time, submitted to the Agency which includes (b) Sources should first design and length, and duration of the test, records at a minimum: A description of the carry out a performance test to of whether a successful cross-light was testing, a protocol describing the test determine the point of flare flame observed over all of the burners and the methodology used, associated test instability and flameout for the MPGF length of time it took for the burners to method quality assurance/quality burner and waste gas composition cross-light, records of maintaining a control (QA/QC) parameters, raw field chosen to be tested. Successful, initial stable flame after a successful cross-light and laboratory data sheets, summary demonstration of stability is achieved and the duration for which this was data report sheets, calibration standards, when there is a stable, lit flame for a observed, records of any smoking events calibration curves, completed visible minimum of 5 minutes at consistent during the cross-light, waste gas emissions observation forms, a flow and waste gas composition. It is temperature, meteorological conditions calculation of the average destruction recommended, although not required, (e.g., ambient temperature, barometric efficiency and combustion efficiency that sources determine the point of pressure, wind speed and direction, and over the course of each test, the date, instability at sonic flow conditions or at relative humidity), and whether there time and duration of the test, the waste the highest operating pressure were any observed flare flameouts. gas composition and NHVcz and/or LFLcz anticipated. Any data which (6) Flaring Reduction Considerations. the gas tested, the flowrate (at standard demonstrate instability and complete (a) Sources must make a conditions) and velocity of the waste loss of flame prior to the 5-minute demonstration, considering MPGF use, gas, the MPGF burner tip pressure, period must be reported along with the on whether additional flare reduction waste gas temperature, meteorological initial stable flame demonstration. measures, including flare gas recovery, conditions (e.g., ambient temperature, Along with destruction efficiency and should be used and implemented.
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(7) MPGF Monitoring and Operating accessible as needed for coordination of you for clarification, EPA may not be Conditions. environmental response activities. This able to consider your comment. (a) Based on the results of the criteria information may include individuals’ Electronic files should avoid the use of mentioned above in this section, sources contact information, information related special characters, any form of must make recommendations to the to their address or place of residence, encryption, and be free of any defects or Agency on the type of monitoring and correspondence, and related viruses. For additional information operating conditions necessary for the information collected in the course of about EPA’s public docket visit the EPA MPGF to demonstrate equivalent sampling and cleanup work. Docket Center homepage at http:// reductions in emissions as compared to DATES: Persons wishing to comment on www.epa.gov/epahome/dockets.htm. flares complying with the requirements this system of records notice must do so Docket: All documents in the docket at 40 CFR 60.18 and 40 CFR 63.11, by May 31, 2016. If no comments are are listed in the www.regulations.gov taking into consideration a control received, the system of records notice index. Although listed in the index, scheme designed to handle highly will become effective by May 31, 2016. some information is not publicly available, e.g., CBI or other information variable flows and waste gas ADDRESSES: Submit your comments, compositions. identified by Docket ID No. EPA–HQ– for which disclosure is restricted by We anticipate this framework will 2016–0100, by one of the following statute. Certain other material, such as enable the Agency to review and methods: copyrighted material, will be publicly approve future AMEL requests for www.regulations.gov: Follow the available only in hard copy. Publicly MPGF installations in a more online instructions for submitting available docket materials are available expeditious timeframe. We note, comments. either electronically in however, that future AMEL requests are Email: [email protected]. www.regulations.gov or in hard copy at still subject to public notice and Fax: 202–566–1752. the OEI Docket, EPA/DC, EPA West comment. Mail: OEI Docket, Environmental Building, Room 3334, 1301 Constitution Dated: April 11, 2016. Protection Agency, Mailcode: 2822T, Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to Janet G. McCabe, 1200 Pennsylvania Ave. NW., Washington, DC 20460. 4:30 p.m., Monday through Friday Acting Assistant Administrator. excluding legal holidays. The telephone [FR Doc. 2016–08911 Filed 4–20–16; 8:45 am] Hand Delivery: OEI Docket, EPA/DC, EPA West Building, Room 3334, 1301 number for the Public Reading Room is BILLING CODE 6560–50–P Constitution Ave. NW., Washington, (202) 566–1744, and the telephone DC. Such deliveries are only accepted number for the OEI Docket is (202) 566– 1752. ENVIRONMENTAL PROTECTION during the Docket’s normal hours of AGENCY operation, and special arrangements FOR FURTHER INFORMATION CONTACT: should be made for deliveries of boxed Terrence Ferguson, Office of Land and [FRL–9945–38–OEI] information. Emergency Management (OLEM), Office Instructions: Direct your comments to of Superfund Remediation and Privacy Act of 1974; System of Docket ID No. EPA–HQ–OEI–2016– Technology Information (OSRTI), Mail Records 0100. EPA’s policy is that all comments Code 5202T, 1200 Pennsylvania Ave. AGENCY: U.S. Environmental Protection received will be included in the public NW., Washington, DC 20460; telephone Agency (EPA). docket without change and may be number (202) 566–0370. ACTION: Notice of new Privacy Act made available online at SUPPLEMENTARY INFORMATION: The U.S. system of records. www.regulations.gov, including any Environmental Protection Agency (EPA) personal information provided, unless is creating a Privacy Act system of SUMMARY: The U.S. Environmental the comment includes information records to allow the agency to maintain Protection Agency’s (EPA’s) Office of claimed to be Confidential Business records that are necessary to conduct Land and Emergency Management is Information (CBI) or other information environmental assessments at giving notice that it proposes to create for which disclosure is restricted by residential properties in order to a new system of records pursuant to the statute. Do not submit information that respond to emergency situations and provisions of the Privacy Act of 1974 (5 you consider to be CBI or otherwise during environmental assessment U.S.C. 552a). This system of records protected through www.regulations.gov. activities conducted by EPA under contains information of individuals The www.regulations.gov Web site is an many different programs including which is collected in the course of ‘‘anonymous access’’ system, which Superfund, the Resource Conservation response and environmental assessment means EPA will not know your identity and Recovery Act (RCRA), and the Safe actions, including actions taken under a or contact information unless you Drinking Water Act (SDWA). This variety of EPA authorities. The provide it in the body of your comment. system of records promotes information maintained under this If you send an email comment directly transparency, efficiency, and improved SORN is needed to support EPA’s to EPA without going through environmental and health outcomes by decision making process on what www.regulations.gov your email address encompassing all records associated actions may be necessary to address will be automatically captured and with EPA residential assessment work, potential environmental impacts at included as part of the comment that is including the database repositories, residential properties, including placed in the public docket and made field documentation, and analytical necessary remediation activities. This available on the Internet. If you submit reports. Over the course of these information is collected to ensure an an electronic comment, EPA assessments EPA is often required to appropriate and cohesive response to recommends that you include your support or work closely with state and situations requiring EPA response name and other contact information in local agencies or federal agencies in activities and to protect the health and the body of your comment and with any responses to evaluate the health and welfare of residents potentially affected disk or CD–ROM you submit. If EPA welfare of affected communities. EPA’s by an environmental or public health cannot read your comment due to environmental assessment activities at emergency, and maintained so to be technical difficulties and cannot contact residential properties include:
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Obtaining and tracking legal access to Information maintained pursuant to AUTHORITY FOR MAINTENANCE OF THE SYSTEM: the properties; gathering environmental this SORN may be located at EPA Resource Conservation and Recovery data through sampling activities, such Headquarters Offices or at EPA Regional Act, 42 U.S.C.6981; Comprehensive as sampling air, water, soil, or other Offices or at field offices established as Environmental Response, Compensation environmental media at sites; collecting part of the residential assessment field and Liability Act, 42 U.S.C. 9604, 9660; information about pipelines, building work, depending upon the location Clean Air Act, 42 U.S.C. 7403; Safe materials, and other residential where the assessment is conducted or Drinking Water Act, 42 U.S.C. 300i; infrastructure at residences; and where computer resources are located. 300j–1; Federal Water Pollution Control collecting residential contact Databases may be hosted at the EPA’s Act, 33 U.S.C. 1254, 1318, 1321; Toxic information such as name, address, and National Computer Center at Research Substances Control Act, 15 U.S.C. 2609; phone number to allow response teams Triangle Park, North Carolina or at Federal Insecticide, Fungicide, and to correspond with individuals affected cloud hosting procured and managed by Rodenticide Act, 7 U.S.C. 136r. by environmental contamination. EPA. PURPOSE(S): The types of data collected in Records protected under the Privacy The EPA is creating a Privacy Act environmental assessments include Act are subject to agency-wide security names of residents; address information; system of records to allow the agency to requirements. For information in agency maintain records that are necessary to phone number or other contact databases, privacy is maintained by information; test results from conduct environmental assessments at limiting access to the database that residential properties in order to environmental sampling; information contains the personal information. about the building structure, such as the respond to emergency situations and Access to the database is limited to during environmental assessment age of the structure, information about individuals designated as System the service lines, plumbing and pipe activities conducted by EPA under Administrators, Remedial Project many different programs including information, and building materials in Managers, Data Sponsors, On-Scene the structure; information about the Superfund, RCRA, and the SDWA. This Coordinators, Information Management system of records promotes length of residence or ownership of the Coordinators, Budget Coordinators, structure; and geographic information transparency, efficiency, and improved Regional or Headquarters Attorneys, environmental and health outcomes by system (GIS) coordinates. This Regional or Headquarters Managers, information is collected to ensure an encompassing all of the records Data Entry Support Staff, Support associated with EPA residential appropriate and cohesive response to Contractors, and any other EPA staff emergency situations, to protect the assessment work, including the database with assigned responsibilities that repositories, field documentation and health and welfare of residents require access to the data. In appropriate potentially affected by an environmental analytical reports. Over the course of circumstances, limited access to the these assessments EPA is often required emergency or environmental response database systems may be provided to situation, and to ensure that the data are to support or work closely with state state and local public health authorities and local agencies or federal agencies to accessible as needed for coordination of in conformity with federal, state, and response activities. evaluate the health and welfare of local laws when necessary to protect the affected communities. EPA’s Information and data collected in public health or safety. environmental assessment activities at environmental assessments will Date: April 14, 2016. residential properties include: generally be stored in an agency- Obtaining and tracking legal access to approved electronic database, which Ann Dunkin, the properties; gathering environmental will be managed by EPA system Chief Information Officer. data through sampling activities, such administrators. Other associated records EPA–74 as sampling air, water, soil, or other may also be stored in other electronic or environmental media at sites; collecting paper formats, such as Microsoft Excel SYSTEM NAME AND NUMBER: structural information such as the age of spreadsheets, Microsoft Word the structure, information about the documents or tables, or in file folders. EPA–74, Environmental Assessments service lines, plumbing and pipe All electronic files are stored on of Residential Properties (EARP). information, and building materials in government furnished equipment (GFE) SYSTEM LOCATION: the structure, information about the until they are ultimately sent to the length of residence or ownership of the appropriate agency records repository The system will be maintained by the structure, and GIS coordinates; and for storage pursuant to their appropriate EPA’s Office of Emergency Response in collecting residential contact record schedule. All GFE used for the the Office of Land and Emergency information such as name, address, and purposes of residential assessments are Management (OLEM), 1200 phone number to allow response teams secured according to EPA’s security Pennsylvania Ave. NW., Mail Code 5101 to correspond with individuals affected policies which include password T, Washington, DC 20460. Information by environmental contamination. protection and local encryption. During maintained pursuant to this notice may the course of the assessment records be located at EPA Headquarters Offices CATEGORIES OF INDIVIDUALS COVERED BY THE may also be temporarily stored off site or at EPA Regional Offices, or at field SYSTEM: in secure facilities such as incident offices established as part of the Members of the public such as command posts or EPA field offices residential assessment field work, residents, property owners, property which are maintained and secured by depending upon the location where the managers, and other individuals who EPA staff. environmental assessment is conducted may be associated with a property The system will be maintained by the or where computer resources are whose information needs to be collected EPA’s Office of Emergency Response in located. Databases may be hosted at the as part of EPA’s environmental the Office of Land and Emergency EPA’s National Computer Center at assessment and response activities. In Management (‘‘OLEM’’), 1200 Research Triangle Park, North Carolina, addition, EPA staff, contractors, or Pennsylvania Ave. NW., Mail Code 5101 or in OLEM’s emergency response cloud grantees or any other individuals T, Washington, DC 20460. hosting environment. engaged in response activities may have
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their information in the system such as generally be stored in an agency- described in EPA’s Privacy Act name, office address, and contact approved electronic database, which regulations at 40 CFR part 16. information to facilitate assessment and will be managed by EPA system Requesters will be required to provide response activities. administrators. Other associated records adequate identification, such as driver’s may also be stored in other electronic or license, employee identification card, or CATEGORIES OF RECORDS IN THE SYSTEM: paper formats, such as Microsoft Excel other identifying document. Additional The types of data collected in spreadsheets, Microsoft Word identification procedures may be environmental assessments include documents or tables, or in file folders. required in some instances. names of residents; names of property All electronic files are stored on CONTESTING RECORD PROCEDURES: owners; tenant information; names of government furnished equipment (GFE) property managers address information; until they are ultimately sent to the Requests for correction or amendment phone number or other contact appropriate Agency records repository must identify the record to be changed information; test results from for storage pursuant to their appropriate and the corrective action sought. Complete EPA Privacy Act procedures environmental sampling; information record schedule. All GFE used for the are described in EPA’s Privacy Act about residential structures such as the purposes of residential assessments are regulations at 40 CFR part 16. age of the structure, information about secured according to EPA’s security the service lines, plumbing and pipe policies which include password NOTIFICATION PROCEDURE: information, and building materials in protection and local encryption. During Any individual who wants to know the structure, information about the the course of the assessment records whether this system of records contains length of residence or ownership of the may also be temporarily stored off site a record about him or her, who wants structure, and GIS coordinates. in secure facilities such as incident Other site-specific data elements may access to his or her record, or who command posts or EPA field offices wants to contest the contents of a also be collected if needed for the which are maintained and secured by environmental assessment or emergency record, should make a written request to EPA staff. the EPA FOIA Office, Attn: Privacy Act response activity. These data will be • Retrievability: Information may be maintained in a database where they Officer, MC 2822T, 1200 Pennsylvania retrieved by any collected data element, Avenue NW., Washington, DC 20460. may be filtered or searched on such as a resident’s name or address, or individual data elements. information may be retrieved by GIS EXEMPTIONS PROMULGATED FOR THE SYSTEM: RECORD SOURCE CATEGORIES: coordinates or by identifying numbers None. Records within this system of records assigned to a person, sampling location, [FR Doc. 2016–09290 Filed 4–20–16; 8:45 am] or residence. BILLING CODE 6560–50–P are obtained by EPA employees, • contractors, or grantees collecting Safeguards: Electronic records are environmental assessment data and maintained in a secure, password sample information at residential sites, protected electronic system. Paper files ENVIRONMENTAL PROTECTION or from state or local governments who are maintained in locked file cabinets AGENCY have collected environmental when not in use by EPA emergency [FRL–9945–39–OARM] assessment information as part of their response staff. All records are response authorities. Environmental maintained in secure, access-controlled Good Neighbor Environmental Board; areas or buildings. Notification of Public Advisory assessment data is received from • interviews with residents, property Retention and Disposal: Records Committee Teleconference owners, property managers, and other maintained in this system are subject to record schedule 1039, which is still AGENCY: Environmental Protection individuals who may be associated with Agency (EPA). a property, local public records such as being finalized. ACTION: Notice of public advisory property tax data, from inspections of SYSTEM MANAGER(S): committee teleconference. residential properties, from residential Terrence Ferguson, Office of Land and property records or other public records, Emergency Management (OLEM), Office SUMMARY: Pursuant to the Federal and from other on-site sources such as of Superfund Remediation and Advisory Committee Act, Public Law EPA or contracted laboratories and EPA Technology Information (OSRTI), Mail 92–463, notice is hereby given that the or contracted GIS systems. Code 5202P, 1200 Pennsylvania Ave. Good Neighbor Environmental Board (Board) will hold a public ROUTINE USES OF RECORDS MAINTAINED IN THE NW., Washington, DC 20460; telephone SYSTEM, INCLUDING CATEGORIES OF USERS AND number (202) 566–0370. teleconference on Friday, May 20 from PURPOSES OF SUCH USES: Because systems under this SORN 12:00 p.m.–4:00 p.m. Eastern Daylight General routine uses A, D, E, F, H, K, may be located at Headquarters Offices Time. For further information regarding and L apply to this system. Records may or at EPA Regional Offices, depending the teleconference and background also be disclosed to public health upon the location where the emergency materials, please contact Ann-Marie authorities in conformity with federal, response is conducted, there may be Gantner at the number and email state, and local laws when necessary to additional specified system managers provided below. protect the public health or safety, or to depending upon the nature and location Background: The Good Neighbor federal, state, or local governmental of the response. These systems may be Environmental Board is a federal agencies when it is determined that a managed by Regional personnel or advisory committee chartered under the response by that agency is more temporarily stored off site in secure Federal Advisory Committee Act, Public appropriate than a response by the EPA. facilities such as incident command Law 92–463. By statute, the Board is posts or EPA field offices which are required to submit an annual report to POLICIES AND PRACTICES FOR STORING, maintained and secured by EPA staff. the President on environmental and RETRIEVING, RETAINING, AND DISPOSING OF infrastructure issues along the U.S. RECORDS IN THE SYSTEM: RECORD ACCESS PROCEDURES: border with Mexico. • Storage: Information collected in Request for access must be made in Purpose of Meeting: The purpose of environmental assessments will accordance with the procedures this teleconference is to continue
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discussion on the Good Neighbor is, that the pesticide can perform its I. General Information Environmental Board’s Seventeenth intended function without unreasonable A. Does this action apply to me? Report to the President, which will adverse effects on human health or the focus on climate change resilience in environment. Through this program, This action is directed to the public the U.S.-Mexico border region. EPA is ensuring that each pesticide’s in general, and may be of interest to a General Information: The agenda and registration is based on current wide range of stakeholders including teleconference materials, as well as scientific and other knowledge, environmental, human health, farm general information about the Board, including its effects on human health worker, and agricultural advocates; the can be found at http://www2.epa.gov/ and the environment. chemical industry; pesticide users; and faca/gneb. If you wish to make oral members of the public interested in the comments or submit written comments DATES: Comments must be received on sale, distribution, or use of pesticides. to the Board, please contact Ann-Marie or before June 20, 2016. Since others also may be interested, the Gantner at least five days prior to the ADDRESSES: Submit your comments, Agency has not attempted to describe all teleconference. identified by the docket identification the specific entities that may be affected Meeting Access: For information on (ID) number for the specific pesticide of by this action. If you have any questions access or services for individuals with interest provided in the Table in Unit regarding the applicability of this action disabilities, please contact Ann-Marie II., by one of the following methods: to a particular entity, consult the Gantner at (202) 564–4330 or email at Chemical Review Manager for the • Federal eRulemaking Portal: http:// [email protected]. To request pesticide of interest identified in the www.regulations.gov. Follow the online accommodation of a disability, please Table in Unit II. contact Ann-Marie Gantner at least 10 instructions for submitting comments. days prior to the meeting to give the Do not submit electronically any B. What should I consider as I prepare Environmental Protection Agency (EPA) information you consider to be my comments for EPA? as much time as possible to process Confidential Business Information (CBI) 1. Submitting CBI. Do not submit this your request. or other information whose disclosure is information to EPA through restricted by statute. regulations.gov or email. Clearly mark Dated: April 5, 2016. • Ann-Marie Gantner, Mail: OPP Docket, Environmental the part or all of the information that Protection Agency Docket Center (EPA/ you claim to be CBI. For CBI Acting Designated Federal Officer. DC), (28221T), 1200 Pennsylvania Ave. information in a disk or CD–ROM that [FR Doc. 2016–09291 Filed 4–20–16; 8:45 am] NW., Washington, DC 20460–0001. you mail to EPA, mark the outside of the BILLING CODE 6560–50–P • Hand Delivery: To make special disk or CD–ROM as CBI and then arrangements for hand delivery or identify electronically within the disk or ENVIRONMENTAL PROTECTION delivery of boxed information, please CD–ROM the specific information that AGENCY follow the instructions at http:// is claimed as CBI. In addition to one www.epa.gov/dockets/contacts.html. complete version of the comment that [EPA–HQ–OPP–2015–0774; FRL–9944–31] includes information claimed as CBI, a Additional instructions on copy of the comment that does not 2-(Decylthio) Ethanamine commenting or visiting the docket, contain the information claimed as CBI Hydrochloride, Aliphatic Alcohols C1– along with more information about must be submitted for inclusion in the C5, Bentazon, Propoxur, dockets generally, is available at public docket. Information so marked Propoxycarbazone-sodium, Sodium http://www.epa.gov/dockets. will not be disclosed except in Acifluorfen, Thidiazuron; Registration FOR FURTHER INFORMATION CONTACT: For accordance with procedures set forth in Review Proposed Interim Decisions; pesticide specific information, contact: 40 CFR part 2. Notice of Availability The Chemical Review Manager for the 2. Tips for preparing your comments. AGENCY: Environmental Protection pesticide of interest identified in the When preparing and submitting your Agency (EPA). Table in Unit II. comments, see the commenting tips at ACTION: Notice. For general information on the http://www.epa.gov/dockets/ registration review program, contact: comments.html. SUMMARY: This notice announces the Richard Dumas, Pesticide Re-Evaluation availability of EPA’s proposed interim II. What action is the agency taking? Division (7508P), Office of Pesticide registration review and opens a public Pursuant to 40 CFR 155.58, this notice Programs, Environmental Protection comment period on the proposed announces the availability of EPA’s Agency, 1200 Pennsylvania Ave. NW., interim decisions. Registration review is proposed interim registration review Washington, DC 20460–0001; telephone EPA’s periodic review of pesticide decisions for the pesticides shown in number: (703) 308–8015; email address: registrations to ensure that each the Table in this unit and opens a 60– [email protected]. pesticide continues to satisfy the day public comment period on the statutory standard for registration, that SUPPLEMENTARY INFORMATION: proposed interim decisions.
TABLE—REGISTRATION REVIEW PROPOSED INTERIM DECISIONS
Chemical review manager, telephone number, Registration review case name and No. Pesticide Docket ID No. email address
2-(Decylthio)ethanamine hydrochloride (DTEA– EPA–HQ–OPP–2009–0336 ...... Sanyvette Williams, williams.sanyvette@ HCl) (Case 5029). epa.gov, (703) 305–7702. Aliphatic Alcohols, C1–C5 (Case 4003) ...... EPA–HQ–OPP–2012–0340 ...... Sanyvette Williams, williams.sanyvette@ epa.gov, (703) 305–7702. Bentazon (Case 0182) ...... EPA–HQ–OPP–2010–0117 ...... Moana Appleyard, appleyard.moana@ epa.gov, (703) 308–8175.
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TABLE—REGISTRATION REVIEW PROPOSED INTERIM DECISIONS—Continued
Chemical review manager, telephone number, Registration review case name and No. Pesticide Docket ID No. email address
Propoxur (Case 2555) ...... EPA–HQ–OPP–2009–0806 ...... Brittany Pruitt, [email protected], (703) 347–0289. Propoxycarbazone-sodium (Case 7264) ...... EPA–HQ–OPP–2015–0095 ...... Marianne Mannix, mannix.marianne@ epa.gov, (703) 347–0275. Sodium Acifluorfen (Case 2605) ...... EPA–HQ–OPP–2010–0135 ...... Nathan Sell, [email protected], (703) 347– 8020. Thidiazuron (Case 4092) ...... EPA–HQ–OPP–2015–0381 ...... Khue Nguyen, [email protected], (703) 347–0248.
DTEA HCl is a biocide registered for ecological risk assessment concluded time. The amended ecological risk use in cooling water systems to control that there are risks of concern for assessment indicates that there is no bacterial, fungal, and algal slimes. An terrestrial and semi-aquatic plants and reasonable expectation for any ecological risk assessment identified acute risks for some birds and registered use of propoxur to cause potential ecological risks to aquatic mammals. The Agency is proposing that direct or indirect adverse effects to organisms. To address these potential bentazon labels include drift and threatened and endangered species. A risks, EPA is proposing label language herbicide resistance management ‘‘no effect’’ determination was made for changes to reduce discharge into bodies language and increased spray droplet all federally listed species and of water, limit use frequency and sizes, and allow one application designated critical habitat. Propoxur has location, and reduce certain use rates. A annually except under specific not been evaluated under the EDSP. final decision will be made after circumstances to reduce risks to non- Therefore, the Agency’s final Endangered Species Act (ESA) and target plants and wildlife. This registration review decision is Endocrine Disruptor Screening Program proposed interim decision does not dependent upon the result of the (EDSP) determinations have been made. include a finding under the EDSP, nor evaluation of potential endocrine The aliphatic alcohols, C1–C5 case does it contain a complete ESA or disruptor risk. In addition, a pollinator contains two active ingredients, ethanol pollinator component for bentazon. risk assessment will not be required for and isopropyl alcohol, which are The registration review docket for propoxur due to negligible exposure registered for use as sanitizers, propoxur opened in December 2009. pathways to terrestrial invertebrates disinfectants and bactericides on Propoxur is an N-methyl residual (honeybees). Pending the EDSP agricultural premises and equipment, carbamate insecticide registered for use determination action, EPA is planning medical premises and equipment, to control ticks, fleas, and a variety of to issue an interim registration review industrial areas, residential and public insects in-and-around industrial, decision for propoxur. access areas, in antifouling paints for commercial, and residential facilities. Propoxycarbazone-sodium is an boats, and as a plant growth regulator. EPA published draft registration review herbicide that controls post-emergent The Agency has concluded that there human health and ecological risk grasses and broadleaf weeds including are no human or ecological risk assessments in July 2015. For the cheat grass, downy brome, jointed concerns associated with the pesticidal human health assessment, the Agency goatgrass, pigweed, wild oat, and uses of aliphatic alcohols, C1–C5 based concluded that propoxur posed risks of mustard in wheat and triticale. EPA on use patterns and chemical concern from dietary and residential conducted a comprehensive human characteristics. Additionally, no post application exposure. A voluntary health risk assessment which indicated additional data are required in support final cancellation order was issued for that there are no risks of concern for of this registration review case, and a the following uses, which fully human health. The ecological risk ‘‘no effect’’ determination has been mitigated the human health risks of assessment indicated that there are made for endangered species and concerns: All indoor aerosol, spray, and potential risks of concern for non-target designated critical habitat for such liquid formulations; use in food terrestrial plant species from all uses of species. A final decision will be made handling establishments; and indoor propoxycarbazone sodium, which is after the EDSP determination has been crack and crevice uses were cancelled consistent with the herbicidal mode of made. effective September 22, 2015. The draft action. To reduce risk to non-target Bentazon is a selective, contact, early ecological risk assessment initially terrestrial plants, the Agency is post-emergence herbicide registered to concluded that there were no risks of proposing several spray drift reduction control broadleaf weeds and sedges in concern to non-listed species nor to measures. The Agency is also proposing numerous agricultural field crops, listed species, except for listed aquatic herbicide resistance management including corn, soybeans, beans, rice, invertebrates from outdoor spot language to be included on all cereals, and potatoes, and for use in and treatment use made near aquatic water propoxycarbazone-sodium labels. This around trees and vines of various fruit bodies. However, additional information proposed interim decision does not and nut crops. Bentazon is also on the use of propoxur outdoor spot include an endangered species registered for use to control weeds in treatments support that this use is not determination, or any human health or residential and recreational lawns and likely to result in quantities of active environmental safety findings around ornamental plants. EPA ingredient that would result in potential associated with the EDSP. The Agency’s published draft registration review effects to listed aquatic species. final registration review decision is human health and ecological risk Therefore, the draft propoxur ecological dependent upon the assessment of risks assessments in 2014. The Agency has risk assessment has been amended to to threatened and endangered species, concluded that bentazon does not pose reflect this use information and is potential endocrine disruptor risk, and human health risks of concern. The posted to the propoxur docket at this an assessment of risks to bees.
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Sodium acifluorfen is an herbicide following public comment on the initial and provide the Agency’s response to that is registered for control of broadleaf docket. The documents in the docket significant comments. weeds in soybean, peanuts, rice, and describe EPA’s rationales for conducting Background on the registration review strawberry. EPA conducted a additional risk assessments for the program is provided at: http:// comprehensive human health risk registration review of the pesticides www2.epa.gov/pesticide-reevaluation. assessment, which indicated that there included in the Table in this unit, as Links to earlier documents related to the are no risks of concern for human well as the Agency’s subsequent risk registration review of these pesticides health. The ecological risk assessment findings and consideration of possible are provided at: http://www.epa.gov/ indicated that there are potential risks of risk mitigation measures. These oppsrrd1/registration_review/reg_ concern for non-target terrestrial plant proposed interim registration decisions review_status.htm. species from the aerial use of sodium are supported by the rationales included Authority: 7 U.S.C. 136 et seq. acifluorfen. To reduce risk to non-target in those documents. Following public terrestrial plants from aerial spray drift, comment, the Agency will issue interim Dated: April 13, 2016. the Agency is proposing the deletion of registration review decisions for Yu-Ting Guilaran, aerial use on strawberries and the products containing the pesticides listed Director, Pesticide Re-Evaluation Division, implementation of uniform spray drift in the Table in this unit. Office of Pesticide Programs. management language across all labels. The registration review program is [FR Doc. 2016–09289 Filed 4–20–16; 8:45 am] The Agency is also proposing the being conducted under congressionally BILLING CODE 6560–50–P inclusion of herbicide resistance mandated time frames, and EPA management language on all sodium recognizes the need both to make timely acifluorfen labels. This proposed decisions and to involve the public. FEDERAL ELECTION COMMISSION interim decision does not include an Section 3(g) of the Federal Insecticide, endangered species determination, or Fungicide, and Rodenticide Act (FIFRA) Sunshine Act Meeting any human health or environmental (7 U.S.C. 136a(g)) required EPA to AGENCY: Federal Election Commission. safety findings associated with the establish by regulation procedures for DATE AND TIME: Tuesday, April 26, 2016 EDSP. The Agency’s final registration reviewing pesticide registrations, at 10:00 a.m. review decision is dependent upon a originally with a goal of reviewing each finding under ESA, an EDSP pesticide’s registration every 15 years to PLACE: 999 E Street NW., Washington, determination, and an assessment of ensure that a pesticide continues to DC. risks to bees. meet the FIFRA standard for STATUS: This meeting will be closed to Thidiazuron is a plant growth registration. The Agency’s final rule to the public. regulator applied as a pre-harvest implement this program was issued in ITEMS TO BE DISCUSSED: defoliant to cotton in southern states Compliance August 2006 and became effective in such as Mississippi, Texas, and Georgia. matters pursuant to 52 U.S.C. 30109. October 2006, and appears at 40 CFR Thidiazuron reduces foliage, dry leaves, * * * * * part 155, subpart C. The Pesticide and immature fruiting structures, at the PERSON TO CONTACT FOR INFORMATION: Registration Improvement Act of 2003 time of harvest, which contribute to the Judith Ingram, Press Officer, Telephone: (PRIA) was amended and extended in staining of harvested cotton. (202) 694–1220. September 2007. FIFRA, as amended by Quantitative human health and PRIA in 2007, requires EPA to complete ecological risk assessments, including a Shelley E. Garr, registration review decisions by October screening-level endangered species risk Deputy Secretary. 1, 2022, for all pesticides registered as assessment, were conducted for [FR Doc. 2016–09446 Filed 4–19–16; 4:15 pm] of October 1, 2007. thidiazuron. EPA did not identify any BILLING CODE 6715–01–P human health risks. EPA identified The registration review final rule at 40 possible risk to non-target terrestrial CFR 155.58(a) provides for a minimum plants from use of thidiazuron. In its 60-day public comment period on all GENERAL SERVICES proposed interim decision, EPA is proposed interim registration review ADMINISTRATION proposing risk mitigation to reduce decisions. This comment period is intended to provide an opportunity for [Notice–ME–2016–01; Docket No: 2016– spray drift to non-target terrestrial 0002; Sequence No. 10] plants. EPA is making no human health public input and a mechanism for initiating any necessary amendments to or environmental safety findings Notice of Fee Amounts To Be Set by the proposed interim decision. All associated with the EDSP screening of the General Services Administration’s comments should be submitted using thidiazuron, nor is it making an Request for the Registration and the methods in ADDRESSES, and must be endangered species finding. EPA’s Annual Renewal of .gov Second-Level received by EPA on or before the closing registration review decision for Domains thidiazuron will depend upon the result date. These comments will become part of an EDSP Federal Food, Drug, and of the docket for the pesticides included AGENCY: Office of Government-wide Cosmetic Act section 408(p) in the Table in this unit. Comments Policy (OGP); Office of Information, determination, complete pollinator received after the close of the comment Integrity, and Access; General Services determination, and an endangered period will be marked ‘‘late.’’ EPA is not Administration (GSA). species determination. required to consider these late ACTION: Notice. The registration review docket for a comments. pesticide generally includes earlier The Agency will carefully consider all SUMMARY: GSA is proposing to increase documents related to the registration comments received by the closing date the yearly fee assessed to entities that review of the case. For example, the and will provide a ‘‘Response to utilize the federal .gov top-level domain. review opened with a Summary Comments Memorandum’’ in the The current fee of $125 per annum has Document, containing a Preliminary docket. The interim registration review not been raised since the publication of Work Plan, for public comment. A Final decision will explain the effect that any the Federal Management Regulation Work Plan was placed in the docket comments had on the interim decision final rule, Internet GOV Domain on
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March 28, 2003. The fee increase will Since publication of the Final Rule, Time and Date: 10:00 a.m.–12:00 compensate GSA for the increased all bodies seeking to register and use a p.m., EDT, May 12, 2016 (Closed). operational costs of maintaining the .gov .gov domain are assessed a $125 per Place: Teleconference. top-level domain (TLD). The fee will be annum fee for registration and for Status: The meeting will be closed to the same for new registrations and for annual renewals. The fee has remained the public in accordance with annual renewals. This document unchanged since 2003, even as new provisions set forth in Section establishes the fee for all entities that laws, enhanced security protocols, 552b(c)(4) and (6), Title 5 U.S.C., and use the .gov TLD at $400 per annum, protections and controls, and increased the determination of the Director, effective January 1, 2017. operational costs have substantially Management Analysis and Services DATES: Effective: May 23, 2016. raised the overall cost for GSA to Office, CDC, pursuant to Public Law 92– 463. FOR FURTHER INFORMATION CONTACT: manage the .gov domain. Matters for Discussion: The meeting Contact Mr. Lee Ellis, Office of OGP solicited advice and feedback will include the initial review, Government-wide Policy, at 202–501– from stakeholders representing all levels discussion, and evaluation of 0282, or via email to [email protected] of government, internationally, as well applications received in response to for clarification of content. For as the private sector to better inform FOA PS16–002, Cohort Study to Assess information pertaining to status or decision-making about whether a per Population Impact of Current and publication schedules, contact the annum fee increase should occur. The Evolving Chronic Viral Hepatitis Regulatory Secretariat Division at 202– research details also yielded insight as to the amount the increase would be Treatment’’, FOA PS16–002. 501–4755. Please cite Notice ME–2016– Contact Person for More Information: 01. considered reasonable. 41 CFR 102–173.45 sets the fee for Gregory Anderson, M.S., M.P.H., SUPPLEMENTARY INFORMATION: new .gov domain registrations at no Scientific Review Officer, CDC, 1600 Background more than $1,000 per year, and the Clifton Road NE., Mailstop E60, Atlanta, Georgia 30333, Telephone: (404) 718– The .gov domain was first established charge for annual .gov domain renewals at no more than $500 per year. The 8833. in 1985 under the Internet Engineering The Director, Management Analysis Task Force of the Internet Society, RFC current fee of $125 per annum has been in effect since publication of the Final and Services Office, has been delegated 920, 1480, 1591, 1811, and 2146 as a the authority to sign Federal Register generic top-level domain (TLD) for Rule. To compensate for increased operational costs and security notices pertaining to announcements of government entities in the United meetings and other committee States. In 2003, GSA published the requirements of maintaining the .gov domain, GSA will raise the fee for both management activities, for both the Federal Management Regulation final Centers for Disease Control and rule, Internet GOV Domain (41 CFR part new registrations and annual renewals to $400 per annum. This fee will be the Prevention and the Agency for Toxic 102–173), at 68 FR 15089 (March 28, Substances and Disease Registry. 2003), which codified existing guidance same for all entities who apply to and best practice methods for domain initially register, or renew, an existing Elaine L. Baker, MPH, DLP, management, then stratified across registration of a .gov second-level Director, Management Analysis and Services governmental and non-governmental domain name and are approved, per 41 Office, Centers for Disease Control and bodies, and expanded the .gov domain CFR 102–173. Prevention. to permit inclusion of state, local, and Dated: April 14, 2016. [FR Doc. 2016–09271 Filed 4–20–16; 8:45 am] tribal governments (SLTTs). Troy Cribb, BILLING CODE 4163–18–P GSA is designated as the TLD owner Associate Administrator, Office of and Domain Policy Authority for Government-wide Policy, General Services governmental entities in the United Administration. DEPARTMENT OF HEALTH AND States, including Federal, state, local [FR Doc. 2016–09294 Filed 4–20–16; 8:45 am] HUMAN SERVICES and tribal governments. OGP oversees BILLING CODE 6820–14–P the enabling rule (41 CFR part 102–173, Centers for Disease Control and Internet GOV Domain—hereafter ‘‘Final Prevention Rule’’) and administers the .gov domain Disease, Disability, and Injury registration and renewal process in DEPARTMENT OF HEALTH AND HUMAN SERVICES Prevention and Control Special accordance with the original rule and Emphasis Panel (SEP): Initial Review the .gov Domain Registration and Centers for Disease Control and Management Guidance. The rule and In accordance with section 10(a)(2) of Prevention the guidance govern registrations and the Federal Advisory Committee Act renewals for second-level domains Disease, Disability, and Injury (Pub. L. 92–463), the Centers for Disease under the top level .gov domain. Prevention and Control Special Control and Prevention (CDC) When GSA published the Final Rule Emphasis Panel (SEP): Initial Review announces a meeting for the initial in 2003, it initiated the assessment of review of applications in response to fees for the registration and annual In accordance with Section 10(a)(2) of Funding Opportunity Announcement renewal .gov domains by Federal the Federal Advisory Committee Act (FOA) RFA 16–010, Occupational Safety Government agencies, the Legislative (Pub. L. 92–463), the Centers for Disease and Health Research, NIOSH National Branch, the Judicial Branch, and SLTTs. Control and Prevention (CDC) Mesothelioma Virtual Bank for At the time, GSA stated in the Federal announces a meeting for the initial Translational Research Review. Register that the Final Rule ‘‘merely review of applications in response to Time and Date: 1:00 p.m.–5:00 p.m., establishes a ceiling for the charges that Funding Opportunity Announcement EDT, May 19, 2016 (Closed). GSA may assess in the future if (FOA) PS16–002, Cohort Study to Place: Teleconference. circumstances require it. These charges, Assess Population Impact of Current Status: The meeting will be closed to if established, will be based on the costs and Evolving Chronic Viral Hepatitis the public in accordance with of operations and market rates.’’ Treatment. provisions set forth in section 552b(c)(4)
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and (6), title 5 U.S.C., and the 2016. HHS/ATSDR has received practical utility; (b) the accuracy of the Determination of the Director, requests asking for an extension of the agency’s estimate of the burden of the Management Analysis and Services comment period. In consideration of proposed collection of information; (c) Office, CDC, pursuant to Public Law 92– these requests, HHS/ATSDR is ways to enhance the quality, utility, and 463. extending the comment period to May 2, clarity of the information to be Matters for Discussion: The meeting 2016. collected; (d) ways to minimize the will include the initial review, DATES: Written comments must be burden of the collection of information discussion, and evaluation of received on or before May 2, 2016. on respondents, including through the applications received in response to ADDRESSES: You may submit comments, use of automated collection techniques ‘‘NIOSH National Mesothelioma Virtual or other forms of information Bank Translational Research Review’’, identified by Docket No. ATSDR–2016– 0002 by any of the following methods: technology; and (e) estimates of capital RFA 16–010. • or start-up costs and costs of operation, Contact Person for More Information: Federal eRulemaking Portal: Regulation.gov. Follow the instructions maintenance, and purchase of services Michael Goldcamp, Ph.D., Scientific to provide information. Burden means Review Officer, NIOSH, CDC, 1095 for submitting comments. • Mail: Leroy A. Richardson, the total time, effort, or financial Willowdale Road, Mailstop G905, resources expended by persons to Morgantown, West Virginia 26506, Information Collection Review Office, Centers for Disease Control and generate, maintain, retain, disclose or Telephone: (304) 285–5951. provide information to or for a Federal The Director, Management Analysis Prevention, 1600 Clifton Road NE., MS– D74, Atlanta, Georgia 30329. agency. This includes the time needed and Services Office, has been delegated to review instructions; to develop, the authority to sign Federal Register Instructions: All submissions received must include the agency name and acquire, install and utilize technology notices pertaining to announcements of and systems for the purpose of meetings and other committee Docket Number. All relevant comments received will be posted without change collecting, validating and verifying management activities, for both the information, processing and Centers for Disease Control and to Regulations.gov, including any personal information provided. For maintaining information, and disclosing Prevention and the Agency for Toxic and providing information; to train Substances and Disease Registry. access to the docket to read background documents or comments received, go to personnel and to be able to respond to Elaine L. Baker, MPH, DLP, Regulations.gov. For this docket, a collection of information, to search Director, Management Analysis and Services ATSDR is only accepting comments on data sources, to complete and review Office, Centers for Disease Control and the proposed studies’ data collections the collection of information; and to Prevention. referenced in the original notice. transmit or otherwise disclose the [FR Doc. 2016–09272 Filed 4–20–16; 8:45 am] information. Please note: All public comment should be BILLING CODE 4163–18–P submitted through the Federal eRulemaking Leroy A. Richardson, portal (Regulations.gov) or by U.S. mail to the Chief, Information Collection Review Office, address listed above. DEPARTMENT OF HEALTH AND Office of Scientific Integrity, Office of the Associate Director for Science, Office of the HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: To Director, Centers for Disease Control and request more information on the Prevention. Centers for Disease Control and proposed project or to obtain a copy of Prevention [FR Doc. 2016–09196 Filed 4–20–16; 8:45 am] the information collection plan and BILLING CODE 4163–18–P [Docket No. ATSDR–2016–0002] instruments, contact the Information Collection Review Office, Centers for Proposed Data Collection Submitted Disease Control and Prevention, 1600 DEPARTMENT OF HEALTH AND for Public Comment and Clifton Road NE., MS–D74, Atlanta, HUMAN SERVICES Recommendations: Collections Georgia 30329; phone: 404–639–7570; Related to Synthetic Turf Fields With Email: [email protected]. Centers for Disease Control and Crumb Rubber Infill; Extension of SUPPLEMENTARY INFORMATION: Under the Prevention Public Comment Period Paperwork Reduction Act of 1995 (PRA) [30Day–16–0943] AGENCY: Agency for Toxic Substances (44 U.S.C. 3501–3520), Federal agencies and Disease Registry (ATSDR), must obtain approval from the Office of Agency Forms Undergoing Paperwork Department of Health and Human Management and Budget (OMB) for each Reduction Act Review Services (HHS). collection of information they conduct ACTION: Extension of public comment or sponsor. In addition, the PRA also The Centers for Disease Control and period. requires Federal agencies to provide Prevention (CDC) has submitted the notice in the Federal Register following information collection request SUMMARY: On February 18, 2016, the concerning each proposed collection of to the Office of Management and Budget Agency for Toxic Substances and information, including each new (OMB) for review and approval in Disease Registry (ATSDR), located proposed collection, each proposed accordance with the Paperwork within the Department of Health and extension of existing collection of Reduction Act of 1995. The notice for Human Services (HHS) published a information, and each reinstatement of the proposed information collection is notice in the Federal Register [Volume previously approved information published to obtain comments from the 81, No. 32, page 8201–8202] requesting collection before submitting the public and affected agencies. public comment on the proposed collection to OMB for approval. Written comments and suggestions information collection entitled Comments are invited on: (a) Whether from the public and affected agencies ‘‘Collections Related to Synthetic Turf the proposed collection of information concerning the proposed collection of Fields with Crumb Rubber Infill’’. is necessary for the proper performance information are encouraged. Your Written and electronic comments were of the functions of the agency, including comments should address any of the to be received on or before April 18, whether the information shall have following: (a) Evaluate whether the
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proposed collection of information is Background and Brief Description conditions and health care utilization, necessary for the proper performance of Section 306 of the Public Health physical functioning, and cognitive the functions of the agency, including Service (PHS) Act (42 U.S.C. 242k), as functioning of RCC residents and ADSC whether the information will have amended, authorizes that the Secretary participants. practical utility; (b) Evaluate the of Health and Human Services (DHHS), Expected users of data from this accuracy of the agencies estimate of the acting through NCHS, ‘‘shall collect collection effort include, but are not burden of the proposed collection of statistics on health resources . . . [and] limited to CDC; other Department of information, including the validity of utilization of health care, including Health and Human Services (DHHS) the methodology and assumptions used; extended care facilities, and other agencies, such as the Office of the (c) Enhance the quality, utility, and institutions.’’ Assistant Secretary for Planning and clarity of the information to be NCHS seeks approval to collect data Evaluation, the Office of the National collected; (d) Minimize the burden of for the residential care community Coordinator for Health Information the collection of information on those (RCC) and adult day services center Technology, and the Administration for who are to respond, including through (ADSC) survey components of the third Community Living; associations, such the use of appropriate automated, wave of the National Study of Long- as LeadingAge (formerly the American electronic, mechanical, or other Term Care Providers (NSLTCP). A two- Association of Homes and Services for technological collection techniques or year clearance is requested. the Aging), National Center for Assisted other forms of information technology, The NSLTCP is designed to (1) Living, American Seniors Housing e.g., permitting electronic submission of broaden NCHS’ ongoing coverage of Association, Argentum (formerly the responses; and (e) Assess information paid, regulated long-term care (LTC) Assisted Living Federation of America), collection costs. services; (2) merge with existing and National Adult Day Services To request additional information on administrative data on LTC providers Association; universities; foundations; the proposed project or to obtain a copy and service users (i.e. Centers for and other private sector organizations of the information collection plan and Medicare and Medicaid Services (CMS) such as the Alzheimer’s Association and instruments, call (404) 639–7570 or data on nursing homes and residents, the AARP Public Policy Institute. send an email to [email protected]. Written home health agencies and patients, and Expected burden from data collection comments and/or suggestions regarding hospices and patients); (3) update data is 30 minutes per respondent. We the items contained in this notice more frequently on LTC providers and estimate that 5% of RCC and ADSC should be directed to the Attention: service users for which nationally directors will be called for an additional CDC Desk Officer, Office of Management representative administrative data do 5 minutes of data retrieval when there and Budget, Washington, DC 20503 or not exist; and (4) enable comparisons are errors or omissions in their returned by fax to (202) 395–5806. Written across LTC sectors and timely questionnaires. comments should be received within 30 monitoring of supply, use, and key The burden for the collection is days of this notice. characteristics of these sectors over shown in the Table below. As a result of the addition, deletion, and revision of Proposed Project time. Data will be collected from two types select items, along with the Data Collection for the Residential of LTC providers in the 50 states and the development of two versions of the Care Community and Adult Day Service District of Columbia: 11,690 RCCs and questionnaires for both the directors of Center Components of the National 5,440 ADSCs. Data were collected in RCCs and ADSCs, this submission Study of Long-Term Care Providers 2012 and 2014. The data to be collected includes 4,310 burden hours, a (OMB Control No. 0920–0943)— beginning in 2016 include the basic reduction of 4,626 hours since the Reinstatement with change—National characteristics, services, staffing, and previously approved information Center for Health Statistics (NCHS), practices of RCCs and ADSCs; and collection. Centers for Disease Control and aggregate-level distributions of the There is no cost to respondents other Prevention (CDC). demographics, selected health than their time to participate.
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden Type of respondents Form name respondents responses per per response respondent (in hours)
RCC Director/Designated ...... RCC Questionnaire—Version A ...... 2,923 1 30/60 Staff Member ...... RCC Director/Designated ...... RCC Questionnaire—Version B ...... 2,923 1 30/60 Staff Member ...... ADSC Director/Designated ...... ADSC Questionnaire—Version A ...... 1,350 1 30/60 Staff Member ...... ADSC Director/Designated ...... ADSC Questionnaire—Version B ...... 1,350 1 30/60 Staff Member ...... RCC and ADSC Directors/Designated Staff Data Retrieval ...... 428 1 5/60 Members.
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Leroy A. Richardson, Prevention and the Agency for Toxic (Pub. L. 92–463), the Centers for Disease Chief, Information Collection Review Office, Substances and Disease Registry. Control and Prevention (CDC), Office of Scientific Integrity, Office of the announces the following meeting for the Elaine L. Baker, MPH, DLP, Associate Director for Science, Office of the aforementioned subcommittee: Director, Centers for Disease Control and Director, Management Analysis and Services Time and Date: 11:00 a.m.–4:30 p.m., Prevention. Office, Centers for Disease Control and EDT, May 16, 2016. Prevention. [FR Doc. 2016–09188 Filed 4–20–16; 8:45 am] Place: Audio Conference Call via FTS [FR Doc. 2016–09270 Filed 4–20–16; 8:45 am] BILLING CODE 4163–18–P Conferencing. BILLING CODE 4163–18–P Status: Open to the public, but without a public comment period. The public is welcome to submit written DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES comments in advance of the meeting, to HUMAN SERVICES the contact person below. Written comments received in advance of the Centers for Disease Control and Centers for Disease Control and meeting will be included in the official Prevention Prevention record of the meeting. The public is also Disease, Disability, and Injury Statement of Organization, Functions, welcome to listen to the meeting by Prevention and Control Special and Delegations of Authority joining the teleconference at the USA Emphasis Panel (SEP): Initial Review toll-free, dial-in number at 1–866–659– Part C (Centers for Disease Control 0537 and the pass code is 9933701. In accordance with section 10(a)(2) of and Prevention) of the Statement of Background: The Advisory Board was the Federal Advisory Committee Act Organization, Functions, and established under the Energy Employees Occupational Illness Compensation (Pub. L. 92–463), the Centers for Disease Delegations of Authority of the Program Act of 2000 to advise the Control and Prevention (CDC) Department of Health and Human Services (45 FR 67772–76, dated President on a variety of policy and announces a meeting for the initial technical functions required to review of applications in response to October 14, 1980, and corrected at 45 FR 69296, October 20, 1980, as amended implement and effectively manage the Funding Opportunity Announcement new compensation program. Key Number, (FOA) DP16–006, Health most recently at 81 FR 5442–5444, dated February 2, 2016) is amended to reflect functions of the Advisory Board include Promotion and Disease Prevention the reorganization of the Division of providing advice on the development of Research Centers: Special Interest Health Care Statistics, National Center probability of causation guidelines that Project Competitive Supplements for Health Statistics, Centers for Disease have been promulgated by the (SIPS). Control and Prevention. Department of Health and Human Time and Date: 11:00 a.m.–6:00 p.m., Section C–B, Organization and Services (HHS) as a final rule; advice on EDT, May 17, 2016 (Closed). Functions, is hereby amended as methods of dose reconstruction, which follows: have also been promulgated by HHS as Place: Teleconference. Insert item (2) develops a a final rule; advice on the scientific Status: The meeting will be closed to mathematical and survey statistical validity and quality of dose estimation the public in accordance with program for weighting, estimation, and reconstruction efforts being provisions set forth in section 552b(c)(4) variance analysis, and inference that performed for purposes of the and (6), title 5 U.S.C., and the will be used to obtain, evaluate, analyze, compensation program; and advice on Determination of the Director, and disseminate health care statistics petitions to add classes of workers to the Management Analysis and Services data; of the functional statement for the Special Exposure Cohort (SEC). Office, CDC, pursuant to Public Law 92– Technical Services Branch (CPCDE) In December 2000, the President 463. within the Division of Health Care delegated responsibility for funding, staffing, and operating the Advisory Matters for Discussion: The meeting Statistics, and renumber remaining items accordingly. Board to HHS, which subsequently will include the initial review, delegated this authority to CDC. NIOSH discussion, and evaluation of Sherri A. Berger, implements this responsibility for CDC. applications received in response to Chief Operating Officer, Centers for Disease The charter was issued on August 3, ‘‘Health Promotion and Disease Control and Prevention. 2001, renewed at appropriate intervals, Prevention Research Centers: Special [FR Doc. 2016–09183 Filed 4–20–16; 8:45 am] rechartered on March 22, 2016, Interest Project Competitive BILLING CODE 4160–18–P pursuant to Executive Order 13708, and Supplements (SIPS)’’, FOA DP16–006. will expire on September 30, 2017. Contact Person for More Information: Purpose: The Advisory Board is DEPARTMENT OF HEALTH AND Brenda Colley Gilbert, Ph.D., M.S.P.H., charged with (a) providing advice to the HUMAN SERVICES Director, Extramural Research Program Secretary, HHS, on the development of guidelines under Executive Order Operations and Services, CDC, 4770 Centers for Disease Control and Buford Highway NE., Mailstop F–80, 13179; (b) providing advice to the Prevention Secretary, HHS, on the scientific Atlanta, Georgia 30341, Telephone: validity and quality of dose (770) 488–6295, [email protected]. Subcommittee on Procedures Review reconstruction efforts performed for this The Director, Management Analysis (SPR), Advisory Board on Radiation and Worker Health (ABRWH or the program; and (c) upon request by the and Services Office, has been delegated Secretary, HHS, advise the Secretary on the authority to sign Federal Register Advisory Board), National Institute for Occupational Safety and Health whether there is a class of employees at notices pertaining to announcements of (NIOSH) any Department of Energy facility who meetings and other committee were exposed to radiation but for whom management activities, for both the In accordance with section 10(a)(2) of it is not feasible to estimate their Centers for Disease Control and the Federal Advisory Committee Act radiation dose, and on whether there is
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reasonable likelihood that such Prevention and the Agency for Toxic DEPARTMENT OF HEALTH AND radiation doses may have endangered Substances and Disease Registry. HUMAN SERVICES the health of members of this class. SPR was established to aid the Advisory Elaine L. Baker, Centers for Disease Control and Board in carrying out its duty to advise Director, Management Analysis and Services Prevention Office, Centers for Disease Control and the Secretary, HHS, on dose [30Day–16–1061] reconstruction. SPR is responsible for Prevention. overseeing, tracking, and participating [FR Doc. 2016–09268 Filed 4–20–16; 8:45 am] Agency Forms Undergoing Paperwork in the reviews of all procedures used in BILLING CODE 4163–19–P Reduction Act Review the dose reconstruction process by the NIOSH Division of Compensation The Centers for Disease Control and Analysis and Support (DCAS) and its DEPARTMENT OF HEALTH AND Prevention (CDC) has submitted the dose reconstruction contractor (Oak HUMAN SERVICES following information collection request Ridge Associated Universities—ORAU). to the Office of Management and Budget Centers for Disease Control and (OMB) for review and approval in Matters for Discussion: The agenda for Prevention accordance with the Paperwork the Subcommittee meeting includes: Reduction Act of 1995. The notice for Discussion of procedures in the Disease, Disability, and Injury the proposed information collection is following ORAU and DCAS technical Prevention and Control Special published to obtain comments from the documents: Emphasis Panel (SEP): Initial Review public and affected agencies. OCAS Technical Information Bulletin Written comments and suggestions (TIB) 0014 (‘‘Rocky Flats Internal The meeting announced below from the public and affected agencies Dosimetry Coworker Extension’’), concerns the CDC National Centers for concerning the proposed collection of ORAU OTIB 0013 (‘‘Individual Dose Excellence in Youth Violence information are encouraged. Your Adjustment Procedures for Y–12 Dose Prevention: Operations Research comments should address any of the Reconstructions’’), ORAU OTIB 0029 (Implementation Science) for following: (a) Evaluate whether the (‘‘Internal Dose Reconstructions for Y– Strengthening Program Implementation proposed collection of information is necessary for the proper performance of 12’’), ORAU OTIB 0039 (‘‘Internal Dose through the President’s Emergency Plan the functions of the agency, including Reconstructions for Hanford’’), ORAU for AIDS Relief (PEPFAR), RFA–GH–16– whether the information will have OTIB 0050 (‘‘The Use of Rocky Flats 005, initial review. Neutron Dose Reconstruction Project practical utility; (b) Evaluate the Data in Dose Reconstructions’’), ORAU SUMMARY: This publication corrects a accuracy of the agencies estimate of the OTIB 0060 (‘‘Internal Dose notice that was published in the Federal burden of the proposed collection of Reconstructions’’), Program Evaluation Register on March 22, 2016 Volume 81, information, including the validity of Report (PER) 003 (‘‘The Effects of Number 55, pages 15307. The meeting the methodology and assumptions used; Adding Ingestion Intakes to Bethlehem place should read as follows: (c) Enhance the quality, utility, and Steel Cases’’), PER 004 (‘‘Application of clarity of the information to be Photofluorography at the Pinellas DATES: Times and Dates: collected; (d) Minimize the burden of Plant’’), PER 005 (‘‘Misinterpreted 9:00 a.m.–2:00 p.m., EDT, Panel A, the collection of information on those Application of External Dose Factor for April 26, 2016 (Closed) who are to respond, including through Hanford Dose Reconstructions’’), PER the use of appropriate automated, 9:00 a.m.–2:00 p.m., EDT, Panel B, April 029 (‘‘Hanford TBD Revision’’), PER 042 electronic, mechanical, or other (‘‘Linde Ceramic Plant TBD Revision’’), 27, 2016 (Closed) technological collection techniques or PER 045 (‘‘Aliquippa Forge TBD FOR FURTHER INFORMATION CONTACT: other forms of information technology, Revision’’), ORAU PROC 0042 Hylan Shoob, Scientific Review Officer, e.g., permitting electronic submission of (‘‘Incomplete Monitoring at Y–12’’), Center for Global Health (CGH) Science responses; and (e) Assess information ORAU RPRT 0044 (‘‘Analysis of Office, CGH, CDC, 1600 Clifton Road collection costs. Bioassay Data with Significant Fraction NE., Mailstop D–69, Atlanta, Georgia To request additional information on the proposed project or to obtain a copy of Less-Than Results’’); and a 30033, Telephone: (404) 639–4796, of the information collection plan and continuation of the comment-resolution [email protected]. process for other dose reconstruction instruments, call (404) 639–7570 or procedures under review by the The Director, Management Analysis send an email to [email protected]. Written Subcommittee. The agenda is subject to and Services Office, has been delegated comments and/or suggestions regarding change as priorities dictate. the authority to sign Federal Register the items contained in this notice notices pertaining to announcements of should be directed to the Attention: Contact Person For More Information: meetings and other committee CDC Desk Officer, Office of Management Theodore Katz, Designated Federal management activities, for both the and Budget, Washington, DC 20503 or Officer, NIOSH, CDC, 1600 Clifton by fax to (202) 395–5806. Written Road, Mailstop E–20, Atlanta, Georgia Centers for Disease Control and comments should be received within 30 30329–4027, Telephone (513) 533–6800, Prevention and the Agency for Toxic days of this notice. Toll Free 1(800) CDC–INFO, Email Substances and Disease Registry. [email protected]. Elaine L. Baker, Proposed Project The Director, Management Analysis Acting Director, Management Analysis and Behavioral Risk Factor Surveillance and Services Office, has been delegated Services Office, Centers for Disease Control System (BRFSS) (OMB Control No. the authority to sign Federal Register and Prevention. 0920–1061, exp. 3/31/2018)— notices pertaining to announcements of [FR Doc. 2016–09269 Filed 4–20–16; 8:45 am] Revision—National Center for Chronic meetings and other committee BILLING CODE 4163–18–P Disease Prevention and Health management activities, for both the Promotion (NCCDPHP)—Centers for Centers for Disease Control and Disease Control and Prevention (CDC).
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Background and Brief Description and participation in the optional information about adults 18 years and question modules. Both the core survey older. BRFSS topics include health risk CDC is requesting OMB approval to and the optional modules are updated behaviors, health conditions, and revise information collection for the annually. preventive health practices that are Behavioral Risk Factor Surveillance CDC requests OMB approval to System (BRFSS). The BRFSS is a associated with chronic diseases, incorporate a limited annual field test infectious diseases, and injury. This nationwide system of annual, cross- into the BRFSS clearance. Field testing sectional telephone health surveys information is used by state and local will be conducted approximately 5–8 health departments to plan and evaluate sponsored by CDC. BRFSS coordinators months in advance of the principal public health programs at the state or in health departments in U.S. states, BRFSS survey. Field tests are used to sub-state level. In addition, CDC makes territories, and the District of Columbia identify problems with new or updated (collectively referred to as states) questions, instrument documentation or annual BRFSS data sets available for collaborate with CDC on questionnaire instructions, software errors, or other public use and provides guidance on content and survey administration. implementation issues. Field tests are statistically appropriate uses of the data. An independent sample of adult, non- typically conducted in one state. Field test results will not be institutionalized respondents is drawn Addition of the annual field test will incorporated into the analytic data sets. each for each state and is based on the increase the estimated annualized Field test results are used exclusively to state’s parameters for state-level or sub- number of responses by 900 and the inform the development of the state analysis. Each state’s annual estimated annualized burden by 382 upcoming year’s BRFSS questionnaire questionnaire is based on a common hours. These estimates include and the technical assistance that CDC core that is administered by all states. In allocations for both respondent provides to states. addition, CDC provides support for screening and completion of the field standardized optional modules that test survey. Each year CDC will use the OMB approval is requested for three states can use to collect customized Change Request mechanism to request years. Participation in the BRFSS is content. Information collection is OMB approval of the annual Field Test voluntary and there are no costs to conducted in a continuous, three-part Supplement. respondents other than their time. The telephone interview process: Screening, CDC and the states will continue to total estimated annualized burden hours participation in core BRFSS questions, use BRFSS data to produce state-level are 256,297.
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hr)
U.S. General Population ...... Landline Screener ...... 440,486 1 1/60 Cell Phone Screener ...... 223,334 1 1/60 Field Test Screener ...... 400 1 1/60 Adults ≥18 Years ...... Core Survey ...... 494,650 1 15/60 Optional Modules ...... 484,757 1 15/60 Field Test Survey ...... 500 1 45/60
Leroy A. Richardson, notice that appeared in the Federal INFORMATION CONTACT paragraph, the Chief, Information Collection Review Office, Register on April 12, 2016 (81 FR telephone number is corrected to read Office of Scientific Integrity, Office of the 21559). The document announced an ‘‘240–402–7001’’. Associate Director for Science, Office of the opportunity for a hearing on FDA’s Director, Centers for Disease Control and 2. On page 21560, in the third Center for Veterinary Medicine’s column, in the first paragraph, the Prevention. proposal to withdraw approval of all address for Phibro Animal Health Corp. [FR Doc. 2016–09189 Filed 4–20–16; 8:45 am] new animal drug applications providing is corrected to read ‘‘GlenPointe Centre BILLING CODE 4163–18–P for use of carbadox in medicated swine feed and contained an incorrect East, 3d floor, 300 Frank W. Burr Blvd., telephone number for the individual to suite 21, Teaneck, NJ 07666’’. DEPARTMENT OF HEALTH AND be contacted for further information. 3. On page 21572, in the first column, HUMAN SERVICES The address for Phibro Animal Health in the third paragraph, the address for Food and Drug Administration Corp. was also incorrect. This document Phibro Animal Health Corp. is corrected corrects those errors. to read ‘‘GlenPointe Centre East, 3d [Docket No. FDA–2016–N–0832] FOR FURTHER INFORMATION CONTACT: floor, 300 Frank W. Burr Blvd., suite 21, Teaneck, NJ 07666’’. Phibro Animal Health Corp.; Carbadox Vernon Toelle, Center for Veterinary in Medicated Swine Feed; Opportunity Medicine (HFV–234), 7519 Standish Pl., Dated: April 18, 2016. for Hearing; Correction Rockville, MD 20855, 240–402–7001. Tracey Forfa, SUPPLEMENTARY INFORMATION: AGENCY: Food and Drug Administration, In FR Doc. Acting Director, Center for Veterinary HHS. 2016–08327, appearing on page 21559 Medicine. in the Federal Register of Tuesday, ACTION: Notice of opportunity for [FR Doc. 2016–09265 Filed 4–20–16; 8:45 am] April 12, 2016, the following corrections hearing; correction. BILLING CODE 4164–01–P are made: SUMMARY: The Food and Drug 1. On page 21560, in the second Administration (FDA) is correcting a column, in the FOR FURTHER
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DEPARTMENT OF HEALTH AND the discussions could disclose as amended. The grant applications and HUMAN SERVICES confidential trade secrets or commercial the discussions could disclose property such as patentable material, confidential trade secrets or commercial Determination Concerning a Petition and personal information concerning property such as patentable material, To Add a Class of Employees to the individuals associated with the grant and personal information concerning Special Exposure Cohort applications, the disclosure of which individuals associated with the grant would constitute a clearly unwarranted AGENCY: National Institute for applications, the disclosure of which invasion of personal privacy. Occupational Safety and Health would constitute a clearly unwarranted (NIOSH), Centers for Disease Control Name of Committee: Center for Scientific invasion of personal privacy. Review Special Emphasis Panel; Member and Prevention, Department of Health Name of Committee: National Advisory and Human Services (HHS). Conflict: Eye Disease: Mechanisms, Therapeutic Targets, and Technology- Environmental Health Sciences Council. ACTION: Notice. assisted Intervention. Date: May 24–25, 2016. Date: April 26, 2016. Open: May 24, 2016, 8:30 a.m. to 4:45 p.m. SUMMARY: HHS gives notice of a Time: 12:00 p.m. to 5:00 p.m. Agenda: Discussion of program policies determination concerning a petition to Agenda: To review and evaluate grant and issues. add a class of employees from the applications. Place: National Institute of Environmental Kansas City Plant site, in Kansas City, Place: National Institutes of Health, 6701 Health Sciences, Building 101, Rodbell Missouri, to the Special Exposure Rockledge Drive, Bethesda, MD 20892 Auditorium, 111 T. W. Alexander Drive, (Telephone Conference Call). Cohort (SEC) under the Energy Research Triangle Park, NC 27709. Employees Occupational Illness Contact Person: Alessandra C. Rovescalli, Ph.D., Scientific Review Officer, National Closed: May 25, 2016, 8:30 a.m. to 11:00 Compensation Program Act of 2000 Institutes of Health, Center for Scientific a.m. (EEOICPA). Review, 6701 Rockledge Drive, Rm. 5205 Agenda: To review and evaluate grant FOR FURTHER INFORMATION CONTACT: MSC7846, Bethesda, MD 20892, (301) 435– applications. Stuart L. Hinnefeld, Director, Division 1021, [email protected]. Place: National Institute of Environmental of Compensation Analysis and Support, This notice is being published less than 15 Health Sciences, Building 101, Rodbell National Institute for Occupational days prior to the meeting due to the timing Auditorium, 111 T. W. Alexander Drive, Safety and Health (NIOSH), 1090 limitations imposed by the review and Research Triangle Park, NC 27709. funding cycle. Tusculum Avenue, MS C–46, Contact Person: Gwen W. Collman, Ph.D., Cincinnati, OH 45226–1938, Telephone (Catalogue of Federal Domestic Assistance Interim Director, Division of Extramural Program Nos. 93.306, Comparative Medicine; 1–877–222–7570. Information requests Research & Training, National Institutes of 93.333, Clinical Research, 93.306, 93.333, Health, National Institute of Environmental can also be submitted by email to 93.337, 93.393–93.396, 93.837–93.844, [email protected]. Health Sciences, 615 Davis Dr., KEY615/ 93.846–93.878, 93.892, 93.893, National 3112, Research Triangle Park, NC 27709, Institutes of Health, HHS) SUPPLEMENTARY INFORMATION: (919) 541–4980, [email protected]. Authority: [42 U.S.C.7384q]. Dated: April 15, 2016. Any interested person may file written On April 12, 2016, the Secretary of Carolyn Baum, comments with the committee by forwarding HHS determined that the following class Program Analyst, Office of Federal Advisory the statement to the Contact Person listed on of employees does not meet the Committee Policy. this notice. The statement should include the statutory criteria for addition to the SEC [FR Doc. 2016–09221 Filed 4–20–16; 8:45 am] name, address, telephone number and when applicable, the business or professional as authorized under EEOICPA: BILLING CODE 4140–01–P affiliation of the interested person. All employees who worked in any area of Information is also available on the the Kansas City Plant site in Kansas City, DEPARTMENT OF HEALTH AND Institute’s/Center’s home page: http:// Missouri, from January 1, 1949, through www.niehs.nih.gov/about/boards/naehsc/, December 31, 1993. HUMAN SERVICES where an agenda and any additional John Howard, National Institutes of Health information for the meeting will be posted Director, National Institute for Occupational when available. Safety and Health. National Institute of Environmental (Catalogue of Federal Domestic Assistance [FR Doc. 2016–09131 Filed 4–20–16; 8:45 am] Health Sciences; Notice of Meeting Program Nos. 93.115, Biometry and Risk BILLING CODE 4163–19–P Pursuant to section 10(d) of the Estimation—Health Risks from Federal Advisory Committee Act, as Environmental Exposures; 93.142, NIEHS amended (5 U.S.C. App.), notice is Hazardous Waste Worker Health and Safety DEPARTMENT OF HEALTH AND hereby given of a meeting of the Training; 93.143, NIEHS Superfund HUMAN SERVICES National Advisory Environmental Hazardous Substances—Basic Research and Health Sciences Council. Education; 93.894, Resources and Manpower National Institutes of Health The meeting will be open to the Development in the Environmental Health public as indicated below, with Sciences; 93.113, Biological Response to Center for Scientific Review; Notice of Environmental Health Hazards; 93.114, Closed Meeting attendance limited to space available. Individuals who plan to attend and Applied Toxicological Research and Testing, Pursuant to section 10(d) of the need special assistance, such as sign National Institutes of Health, HHS) Federal Advisory Committee Act, as language interpretation or other Dated: April 15, 2016. amended (5 U.S.C. App.), notice is reasonable accommodations, should Carolyn Baum, hereby given of the following meeting. notify the Contact Person listed below Program Analyst, Office of Federal Advisory The meeting will be closed to the in advance of the meeting. Committee Policy. public in accordance with the The meeting will be closed to the [FR Doc. 2016–09222 Filed 4–20–16; 8:45 am] provisions set forth in sections public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., provisions set forth in sections BILLING CODE 4140–01–P as amended. The grant applications and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
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DEPARTMENT OF HEALTH AND Place: Parklawn Building, 5600 Fellowship Programs (Youth and HUMAN SERVICES Fishers Lane, Rockville, Maryland Addiction Counselors). These programs 20857. are united by their focus on capacity Substance Abuse and Mental Health Contact: Charles LoDico, M.S., F– building, system change, and workforce Services Administration ABFT, Division of Workplace Programs, development. 5600 Fishers Lane, Room 16N02C, NITT—Project AWARE, which is the Center for Substance Abuse Rockville, Maryland 20857, Telephone: focus of this data collection, represents Prevention; Notice of Meeting 240–276–2600, Fax: 240–276–2610, a response to the third and fourth Pursuant to Public Law 92–463, Email: [email protected]. components of President Obama’s NITT Initiative: Making schools safer and notice is hereby given that the Summer King, focusing on access to mental health Substance Abuse and Mental Health Statistician, Substance Abuse and Mental services. The goal of NITT—Project Services Administration’s (SAMHSA) Health Services Administration. AWARE is to develop a comprehensive, Center for Substance Abuse Prevention [FR Doc. 2016–09197 Filed 4–20–16; 8:45 am] coordinated, and integrated program for (CSAP) Drug Testing Advisory Board BILLING CODE 4162–20–P advancing wellness and resilience in (DTAB) will meet via web conference on educational settings for school-aged May 20, 2016, from 10:00 a.m. to 4:30 youth. p.m. E.D.T. The DTAB will convene in DEPARTMENT OF HEALTH AND SAMHSA awarded NITT—Project both open and closed sessions. HUMAN SERVICES AWARE grants to 20 SEAs. Each SEA On May 20, 2016, from 10:00 a.m. to proposed partnerships between at least 12:30 p.m., the meeting will be open to Substance Abuse and Mental Health Services Administration three high-need Local Educational the public. The meeting will include Agencies (LEAs) to develop a drug testing updates from the Agency Information Collection coordinated and integrated plan of Department of Transportation, the Activities: Proposed Collection; services and strategies to address the Nuclear Regulatory Commission, the Comment Request Project NITT—Project AWARE–SEA Department of Defense, and the Federal goals and objectives. Project AWARE Drug-Free Workplace Programs. In compliance with Section grantees will plan and implement The public is invited to attend via 3506(c)(2)(A) of the Paperwork activities designed to increase the web conference. Due to the limited call- Reduction Act of 1995 concerning capacity of SEAs in three areas: (1) in capacity, registration is requested. opportunity for public comment on Increase mental health awareness Public comments are welcome. To proposed collections of information, the among school-aged (K–12) youth; (2) obtain the web conference call-in Substance Abuse and Mental Health train those who work with school-aged numbers and access codes, submit Services Administration (SAMHSA) children to identify and respond to written or brief oral comments, or will publish periodic summaries of mental health issues in children and request special accommodations for proposed projects. To request more young adults; and (3) connect children, persons with disabilities, please register information on the proposed projects or youth, and families with mental health at the SAMHSA Advisory Committees to obtain a copy of the information services. The intention is to encourage Web site at http://nac.samhsa.gov/ collection plans, call the SAMHSA cross-system collaboration and use Registration/meetingsRegistration.aspx Reports Clearance Officer on (240) 276– evidence-based strategies to address or contact the Charles LoDico (see 1243. mental health needs. contact information below). Comments are invited on: (a) Whether The Project AWARE evaluation will The Board will meet in closed session the proposed collections of information examine the process and outcomes of on May 20, 2016, from 1:00 p.m. to 4:30 are necessary for the proper activities by SEA grantees and their LEA p.m., to review and discuss the performance of the functions of the and school partners. It will evaluate the Proposed Revisions to the Mandatory agency, including whether the capacity of SEAs to effectively involve Guidelines for Federal Workplace Drug information shall have practical utility; family and youth, provide a culturally Testing Programs (Urine and Oral (b) the accuracy of the agency’s estimate and linguistically competent and Fluid). Therefore, this meeting is closed of the burden of the proposed collection family-centered mental health service to the public as determined by the of information; (c) ways to enhance the array, and implement a process for Administrator, SAMHSA, in accordance quality, utility, and clarity of the identifying need and delivering services with 5 U.S.C. 552b(c)(9)(B) and 5 U.S.C. information to be collected; and (d) that is informed by data and App. 2, Section 10(d). ways to minimize the burden of the coordinated across child-serving Meeting information and a roster of collection of information on agencies. Evaluation questions have DTAB members may be obtained by respondents, including through the use been developed to understand grantee accessing the SAMHSA Advisory of automated collection techniques or context, planning, implementation, Committees Web site, http:// other forms of information technology. outputs, and outcomes across each of www.samhsa.gov/about-us/advisory- the NITT priority areas. Data collection councils/drug-testing-advisory-board- Proposed Project: Now Is the Time efforts that will support the evaluation dtab, or by contacting Mr. LoDico. (NITT)—Project AWARE (Advancing are described below. Committee Name: Substance Abuse Wellness and Resilience in Education) AWARE Planning and and Mental Health Services Evaluation—New Implementation Activities Inventory Administration’s, Center for Substance SAMHSA is conducting a national (AWARE Activities Inventory), to Abuse Prevention, Drug Testing evaluation of the Now is the Time capture information about all activities Advisory Board. (NITT) initiative, which includes supported by Project AWARE resources Dates/Time/Type: separate programs—NITT Project during the grant period. The inventory May 20, 2016, from 10:00 a.m. to AWARE (Advancing Wellness and will be reviewed and updated on an 12:30 p.m. E.D.T.: OPEN. Resilience in Education)—State annual basis at the SEA level with the May 20, 2016, from 1:00 p.m. to 4:30 Educational Agency (SEA), Healthy grant project director, at the LEA level p.m. E.D.T.: CLOSED. Transitions (HT), and two Minority with the grant program coordinators,
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and at the school level with information systems about student Existing Teacher and Student Survey coordinators in each participating socio-demographics, school climate, and Data Abstraction Protocols, to compile school. The questionnaires will guide school safety. The data abstraction information from existing surveys to review and input of additional protocol will detail the procedure examine school climate and safety. The information as needed for all activities through which the national evaluation data abstraction protocol will be captured in the AWARE Activities team will abstract data from each LEA customized for each SEA based on the Inventory and conducted under Project or school information system. These specific data collected by each state. AWARE. Each questionnaire will be data will be requested annually to cover Data from existing teacher and student conducted annually to review and school-level measures from the 2014– surveys in selected schools (N = 432) update the AWARE Activities Inventory 2015 through 2018–2019 school years. participating in the national evaluation with 20 SEA-level respondents, 62 LEA- School-level information will be will be provided to the national level respondents, and 432 school-level collected at the school level for all evaluation on an annual basis. The respondents. sample schools (N = 432), but the number of respondents is calculated SEA Collaborative Partner Survey number of respondents is calculated based on whether the existing student (SEA–CPS), to collect information about based on whether the school collaborative processes and partnerships and teacher surveys are consistent information systems are consistent across SEAs and/or LEAs, or whether at the state level to examine the across SEAs and/or LEAs, or whether networks involved in successful they vary from school to school. Based they vary from school to school. Based on preliminary discussions with the information sharing and collaborations on preliminary discussions with the grantees, SAMHSA estimates that 125 across child-serving agencies and the grantees, SAMHSA estimates that five respondents will provide the secondary families and youth they serve. SAMHSA SEA grantees will be able to provide student and teacher survey data that estimates that there will be 24 data for all sample schools in the SEA covers the 432 sample schools. collaborative partner respondents at (N = 5 SEA respondents), the data will each SEA grantee who will complete the be provided from LEAs in ten of the Student Focus Groups Protocol, to annual SEA–CPS. SEA grantees (N = 30 LEA respondents), collect qualitative information about Local Educational Agency and the remaining five SEA grantees student perceptions of school climate; Collaborative Partner Survey (LEA– will have school information systems ability to identify signs of mental, CPS), to collect information about and surveys that differ at the school behavioral, or emotional health issues; collaborative processes and partnerships level (N = 90 school respondents). and student knowledge of school- and at the local level to examine the Therefore 125 respondents will provide community-level service access. The networks involved in successful the secondary data that covers the 432 evaluation team will conduct these information sharing and collaborations sample schools. focus groups during site visits across child-serving agencies and the conducted in 2016 and 2019. The families and youth they serve. The Teacher Mental Health Literacy guided discussion protocol will focus survey will be administered twice Survey, to assess the mental health on participants’ general knowledge of during the grant period, with 15 literacy and associated knowledge and respondents in each of the 62 LEAs. skills of teachers in selected schools available resources, programs to support Collaborative Partner Interview Guide, participating in Project AWARE AWARE activities, and overall to collect qualitative information about activities. This survey will be perceptions of school climate and collaborative processes and partner administered twice to a random sample safety. The focus groups will be roles. Approximately 160 core staff (8 of teachers in selected schools in conducted with approximately 8–10 SEA-level collaborative partners in each partner LEAs, stratified by school type students in each of four schools from SEA grantee) are expected to participate and size. An average sample size of one LEA associated with each SEA in annual in-person and telephone approximately 24 teachers will be grantee, for a total of no more than 800 interviews. selected from each of the 432 schools students participating in focus groups at School Information Systems Data selected to participate in the school- each of the two site visits. Each focus Abstraction Protocol, to capture level coordinator questionnaire data group will last approximately one and a information from existing school collection. half hours.
ANNUALIZED BURDEN HOURS
Responses Total Instrument Number of per number of Hours per Total burden respondents respondent responses response hours
SEA leadership questionnaire ...... 20 1 20 1 20 LEA coordinator questionnaire ...... 62 1 62 1 62 School coordinator questionnaire ...... 432 1 432 1 432 SEA-Collaborative Partner Survey ...... 480 1 480 0.5 240 LEA-Collaborative Partner Survey ...... 930 1 930 0.5 465 Collaborative partner interviews ...... 160 1 160 1 160 Teacher mental health literacy survey ...... 10,368 1 10,368 0.5 5,184 Student focus groups ...... 800 1 800 1.5 1,200 School information systems data abstraction ...... 125 1 125 1.5 188 Student survey data abstraction ...... 125 1 125 1.5 188 Teacher school climate and school safety survey ...... 125 1 125 1.5 188
TOTAL ...... a 13,377 ...... 13,627 ...... 8,327 * This is an unduplicated count of total respondents.
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Send comments to Summer King, www.regulations.gov, and will include Authority: 42 U.S.C. 5165a, 5172; 44 CFR SAMHSA Reports Clearance Officer, any personal information you provide. 206.226, 206.400. 5600 Fishers Lane, Room 15E57–B, Therefore, submitting this information David Bibo, Rockville, Maryland 20857, OR email a makes it public. You may wish to read Acting Associate Administrator, Office of copy to [email protected]. the Privacy Act notice, which can be Policy and Program Analysis, Federal Written comments should be received viewed by clicking on the ‘‘Privacy Emergency Management Agency. by June 20, 2016. Notice’’ link in the footer of [FR Doc. 2016–09258 Filed 4–20–16; 8:45 am] www.regulations.gov. Summer King, BILLING CODE 9111–23–P You may submit your comments and Statistician. material by the methods specified in the [FR Doc. 2016–09215 Filed 4–20–16; 8:45 am] ADDRESSES section above. Please submit DEPARTMENT OF HOMELAND BILLING CODE 4162–20–P your comments and any supporting SECURITY material by only one means to avoid the receipt and review of duplicate Office of the Secretary DEPARTMENT OF HOMELAND submissions. [Docket No. DHS–2016–0023] SECURITY Docket: The proposed policy is available in docket ID FEMA–2016– Privacy Act of 1974; Department of Federal Emergency Management 0007. For access to the docket to read Homeland Security, Federal Agency background documents or comments Emergency Management Agency–013 [Docket ID FEMA–2016–0007] received, go to the Federal eRulemaking Operational Use of Publicly Available Portal at http://www.regulations.gov and Social Media Internet Sources for Public Assistance Program Minimum search for the docket ID. Submitted Situational Awareness System of Standards comments may also be inspected at Records FEMA, Office of Chief Counsel, 8NE, AGENCY: Federal Emergency AGENCY: Privacy Office, Department of 500 C Street SW., Washington, DC Management Agency, DHS. Homeland Security. 20472. ACTION: Notice of availability; request ACTION: Notice of Privacy Act System of for comments. II. Background Records. The purpose of the proposed policy is SUMMARY: The Federal Emergency SUMMARY: In accordance with the Management Agency (FEMA) is to establish minimum standards for Privacy Act of 1974, the Department of accepting comments on a proposed Public Assistance projects to promote Homeland Security (DHS) proposes to policy regarding minimum standards for resiliency and increase achieved risk establish a new system of records titled, Public Assistance restoration of reduction under the authority of ‘‘DHS/Federal Emergency Management damaged facility projects. Stafford Act § 323, 42 U.S.C. 5165a and Agency (FEMA)–013 Operational Use of § 406(e), 42 U.S.C. 5172. When using Publicly Available Social Media Internet DATES: Comments must be received by Public Assistance funds to repair, Sources for Situational Awareness May 23, 2016. replace or construct buildings located in System of Records.’’ This system of ADDRESSES: Comments must be hazard-prone areas, applicants would records authorizes DHS/FEMA to identified by docket ID FEMA–2016– use, at a minimum, the hazard-resistant monitor, collect, and maintain 0007 and may be submitted by one of standards reflected or referenced in the information from publicly available the following methods: International Building Code (IBC). Costs social media sources to provide critical Federal eRulemaking Portal: http:// associated with meeting these standards situational awareness in support of www.regulations.gov. Follow the would be eligible. The proposed policy FEMA’s mission to reduce the loss of instructions for submitting comments. language would replace Chapter life and property and protect the nation Please note that this proposed policy is 2:VII.C.2 of the Public Assistance from all hazards, including natural not a rulemaking and the Federal Program and Policy Guide (PAPPG), disasters, acts of terrorism, and other Rulemaking Portal is being utilized only available at http://www.fema.gov/ man-made disasters. FEMA’s social as a mechanism for receiving comments. media-library/assets/documents/ media monitoring initiative was neither Mail: Regulatory Affairs Division, 111781. designed nor intended to collect Office of Chief Counsel, Federal The proposed policy does not have personally identifiable information (PII); Emergency Management Agency, 8NE, the force or effect of law. however, given the unpredictable nature 500 C Street SW., Washington, DC FEMA seeks comment on the of disasters and emergency 20472–3100. proposed policy, which is available management, the content that is posted, FOR FURTHER INFORMATION CONTACT: online at http://www.regulations.gov in and the voluntary and unrestricted William Roche, Director, Public docket ID FEMA–2016–0007. Based on nature of social media, it is possible for Assistance Division, Federal Emergency the comments received, FEMA may FEMA to collect, maintain, and in Management Agency, 500 C Street SW., make appropriate revisions to the extremis circumstances, disseminate a Washington, DC 20472, 202–646–3834. proposed policy. Although FEMA will limited amount of PII to first SUPPLEMENTARY INFORMATION: consider any comments received in the responders. FEMA is publishing this drafting of the final policy, FEMA will System of Records Notice because I. Public Participation not provide a response to comments FEMA may collect PII from social media Instructions: All submissions received document. When or if FEMA issues a for certain narrowly tailored categories. must include the agency name and final policy, FEMA will publish a notice For example, in the event of an in docket ID. Regardless of the method of availability in the Federal Register extremis situation involving potential used for submitting comments or and make the final policy available at life and death, FEMA will collect and material, all submissions will be posted, http://www.regulations.gov. The final share certain PII with Federal, State, without change, to the Federal policy will not have the force or effect local, tribal, and territorial first eRulemaking Portal at http:// of law. responders in order for them to take the
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necessary actions to save a life, such as Situational awareness is defined as incidents; (3) U.S. Government the name and location of a person ‘‘information gathered from a variety of spokespersons who make public asking for help during a man-made or sources that, when communicated to statements or provide public updates natural disaster. This new system of emergency managers and decision about natural disasters, acts of terrorism, records will be included in the DHS makers, can form the basis for incident and other man-made disasters, inventory of record systems. management decision-making.’’ See sec. including catastrophic incidents; (4) DATES: Submit comments on or before 515 of the Homeland Security Act (6 U.S. private sector officials and May 23, 2016. This new system will be U.S.C. 321d(b)(1)). spokespersons who make public effective May 23, 2016. The DHS/FEMA Office of Response statements or provide public updates and Recovery (ORR), Response ADDRESSES: You may submit comments, about natural disasters, acts of terrorism, Directorate is the office responsible for identified by docket number DHS– and other man-made disasters, situational awareness activities and also 2016–0023 by one of the following including catastrophic incidents; (5) operates DHS/FEMA Watch Centers, methods: names of anchors, newscasters, or on- including the National Response • Federal e-Rulemaking Portal: scene reporters who are known or Coordination Center (NRCC) and http://www.regulations.gov. Follow the identified as reporters in their post or FEMA’s Regional Response instructions for submitting comments. article, or who use traditional and/or • Fax: 202–343–4010. Coordination Centers (RRCC). The social media in real time to keep their • Mail: Karen L. Neuman, Chief Operational Use of Publicly Available audience situationally aware and Privacy Officer, Privacy Office, Social Media for Situational Awareness informed; and (6) public officials, Department of Homeland Security, 245 Initiative, as led by the DHS/FEMA current and former, who are victims of Murray Drive SW., Building 410, STOP– ORR, monitors and reviews publicly natural disasters, acts of terrorism, and 0655, Washington, DC 20528. available social media and uses a set of other man-made disasters, including Instructions: All submissions received keywords or ‘‘hash-tags’’ to find and catastrophic incidents. must include the agency name and retrieve content relevant to DHS/FEMA Consistent with DHS’s information- docket number for this rulemaking. All for situational awareness purposes. sharing mission, information stored in comments received will be posted Under this Initiative, DHS/FEMA the DHS/FEMA–013 Operational Use of without change to http:// generally will not: (1) Actively seek PII; Publicly Available Social Media Internet www.regulations.gov, including any (2) post any information; (3) actively Sources for Situational Awareness seek to connect with other internal/ System of Records may be shared with personal information provided. Docket: For access to the docket to external personal users; (4) accept other other DHS Components that have a need read background documents or internal/external personal users’ to know the information to carry out comments received, please visit http:// invitations to connect; or (5) interact on their national security, law enforcement, social media sites. However, DHS/ immigration, intelligence, or other www.regulations.gov. FEMA is permitted to establish user homeland security functions. In FOR FURTHER INFORMATION CONTACT: For names and passwords to form profiles addition, DHS/FEMA may share general questions, please contact: Eric and follow relevant government, media, information from this system with M. Leckey, (202) 212–5100, Privacy and subject matter experts on social appropriate Federal, State, local, tribal, Officer, Federal Emergency Management media sites in order to use search tools territorial, foreign, or international Agency, Department of Homeland under established criteria and search government agencies consistent with the Security, Washington, DC 20528. For terms for monitoring that supports routine uses set forth in this system of privacy questions, please contact: Karen providing situational awareness and records notice. L. Neuman, (202) 343–1717, Chief establishing a common operating DHS is publishing this system of Privacy Officer, Privacy Office, picture. records notice to describe DHS/FEMA’s Department of Homeland Security, 245 DHS/FEMA social media monitoring collection of PII through social media Murray Drive SW., Building 410, STOP– is not designed to collect PII from monitoring. DHS/FEMA collects and 0655, Washington, DC 20528. members of the public; however, given maintains minimal PII that is necessary SUPPLEMENTARY INFORMATION: the unpredictable nature of disasters to respond to, report on, and contact or and emergency management and the assist individuals in extremis situations. I. Background unrestricted nature of social media, This newly established system will be In accordance with the Privacy Act of DHS/FEMA may collect a limited included in DHS’s inventory of record 1974, 5 U.S.C. 552a, the Department of amount of PII from the public through systems. Homeland Security (DHS) Federal its monitoring of social media. The II. Privacy Act Emergency Management Agency information may be provided to first (FEMA) proposes to establish a new responders during in extremis situations The Privacy Act embodies fair DHS system of records titled, ‘‘DHS/ involving the possible loss of life. PII on information practice principles in a FEMA–013 Operational Use of Publicly the following categories of individuals statutory framework governing the Available Social Media Internet Sources may be collected when it lends means by which Federal Government for Situational Awareness System of credibility to the report or facilitates agencies collect, maintain, use, and Records.’’ coordination with Federal, State, local, disseminate individuals’ records. The This system of records will allow tribal, territorial (SLTT), foreign, or Privacy Act applies to information that DHS/FEMA to maintain a state of international government partners: (1) is maintained in a ‘‘system of records.’’ disaster and emergency response Individuals within the United States in A ‘‘system of records’’ is a group of any readiness through situational awareness extremis situations involving potential records under the control of an agency of publicly available information posted life or death circumstances; (2) senior from which information is retrieved by on social media to take appropriate U.S. Government officials who make the name of an individual or by some actions when necessary or to provide public statements or provide public identifying number, symbol, or other information related to a disaster to the updates about natural disasters, acts of identifying particular assigned to the first responder community for terrorism, and other man-made individual. In the Privacy Act, an situational awareness purposes. disasters, including catastrophic individual is defined to encompass U.S.
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citizens and lawful permanent article or who use traditional and/or portion of the records or information residents. As a matter of policy, DHS social media in real time to keep their contained in this system may be extends administrative Privacy Act audience situationally aware and disclosed outside DHS as a routine use protections to all individuals when informed (including known subject pursuant to 5 U.S.C. 552a(b)(3) as systems of records maintain information matter experts such as emergency follows: on U.S. citizens, lawful permanent management volunteers, tornado spots, A. To the Department of Justice (DOJ), residents, and visitors. and Community Emergency Response including Offices of the United States Below is the description of the DHS/ Team members) about natural disasters, Attorneys, or other Federal agency FEMA–013 Operational Use of Publicly acts of terrorism, and other man-made conducting litigation or in proceedings Available Social Media Internet Sources disasters, including catastrophic before any court, adjudicative, or for Situational Awareness System of incidents; and administrative body, when it is relevant Records. • Current and former public officials or necessary to the litigation and one of In accordance with 5 U.S.C. 552a(r), who are victims of natural disasters, acts the following is a party to the litigation DHS has provided a report of this of terrorism, and other man-made or has an interest in such litigation: system of records to the Office of disasters, including catastrophic 1. DHS or any Component thereof; Management and Budget and to incidents. 2. Any employee or former employee Congress. of DHS in his or her official capacity; CATEGORIES OF RECORDS IN THE SYSTEM: 3. Any employee or former employee DHS/FEMA–013 Through the course of normal social of DHS in his or her individual capacity media monitoring, FEMA does not SYSTEM OF RECORDS: when DOJ or DHS has agreed to collect any records from individuals. represent the employee; or Department of Homeland Security However, in extremis situations FEMA 4. The United States or any agency (DHS)/Federal Emergency Management may collect: thereof. Agency (FEMA)–013. • Individual’s name; B. To a congressional office from the • SYSTEM NAME: Social media account information record of an individual in response to including: Email address, Login ID, an inquiry from that congressional office DHS/FEMA–013 Operational Use of Handle, User Name, or Alias; made at the request of the individual to Publicly Available Social Media Internet • Address or approximate location whom the record pertains. Sources for Situational Awareness (via geo-coded submission); C. To the National Archives and System of Records. • Job title or Position; Records Administration (NARA) or SECURITY CLASSIFICATION: • Phone numbers, email address, or General Services Administration Unclassified. other contact information included in or pursuant to records management associated with a user profile; inspections being conducted under the SYSTEM LOCATION: • Date and Time of post; and authority of 44 U.S.C. 2904 and 2906. DHS/FEMA retains records at the • Additional details relevant to an in D. To an agency or organization for DHS/FEMA Headquarters in extremis situation (e.g., details of an the purpose of performing audit or Washington, DC, DHS/FEMA regional individual’s physical condition). oversight operations as authorized by field offices, and at the DHS National This system of records may also law, but only such information as is Operations Center, in Washington, DC. include: necessary and relevant to such audit or • Reports related to incidents or oversight function. CATEGORIES OF INDIVIDUALS COVERED BY THE updates seen via social media; E. To appropriate agencies, entities, SYSTEM: • Links to original social media and persons when: Categories of individuals covered by content described in reports; and 1. DHS suspects or has confirmed that the system: • Links to other open source media the security or confidentiality of • Individuals located within the such as a publicly available news Web information in the system of records has United States in extremis situations sites. been compromised; involving potential life or death 2. DHS has determined that as a result AUTHORITY FOR MAINTENANCE OF THE SYSTEM: circumstances; of the suspected or confirmed • Senior U.S. Government officials 6 U.S.C. 313(b)(2)(A)–(H); 6 U.S.C. compromise, there is a risk of identity who make public statements or provide 314(b)(1), 6 U.S.C. 314(a)(17); and 6 theft or fraud, harm to economic or public updates about natural disasters, U.S.C. 321d(b)(1). property interests, harm to an acts of terrorism, and other man-made PURPOSE(S): individual, or harm to the security or disasters, including catastrophic The purpose of this system is to integrity of this system or other systems incidents; monitor and review publicly available or programs (whether maintained by • U.S. Government spokespersons social media Internet sources for DHS or another agency or entity) that who make public statements or provide situational awareness to maintain rely upon the compromised public updates about natural disasters, timely, actionable decision-making. information; and acts of terrorism, and other man-made DHS/FEMA collects PII through social 3. The disclosure made to such disasters, including catastrophic media Internet sources to respond to agencies, entities, and persons is incidents; and provide potentially lifesaving reasonably necessary to assist in • U.S. private sector officials and assistance to the individual only in connection with DHS’s efforts to spokespersons who make public extremis situations. respond to the suspected or confirmed statements or provide public updates compromise and prevent, minimize, or about natural disasters, acts of terrorism, ROUTINE USES OF RECORDS MAINTAINED IN THE remedy such harm. and other man-made disasters, SYSTEM, INCLUDING CATEGORIES OF USERS AND F. To contractors and their agents, including catastrophic incidents; THE PURPOSES OF SUCH USES: grantees, experts, consultants, and • Names of anchors, newscasters, or In addition to those disclosures others performing or working on a on-scene reporters who are known or generally permitted under 5 U.S.C. contract, service, grant, cooperative identified as reporters in their post or 552a(b) of the Privacy Act, all or a agreement, or other assignment for DHS,
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when necessary to accomplish an RETENTION AND DISPOSAL: If your request is seeking records agency function related to this system of FEMA’s ORR is collaborating with pertaining to another living individual, records. Individuals provided FEMA Records Management Division you must include a statement from that information under this routine use are and NARA to establish an approved individual certifying his/her agreement subject to the same Privacy Act retention and disposal policy for any for you to access his/her records. requirements and limitations on records created through this initiative Without the above information, the disclosure as are applicable to DHS related to its situation reports and component(s) may not be able to officers and employees. responses to in extremis situations. conduct an effective search, and your G. To an appropriate Federal, State, However, all PII from reports are request may be denied due to lack of tribal, local, international, or foreign law redacted once the information is sent to specificity or lack of compliance with enforcement agency or other appropriate the appropriate first responders in applicable regulations. authority charged with investigating or extremis situations. prosecuting a violation or enforcing or RECORD ACCESS PROCEDURES: implementing a law, rule, regulation, or SYSTEM MANAGER AND ADDRESS: See ‘‘Notification procedure’’ above. order, when a record, either on its face Director of National Watch Center, CONTESTING RECORD PROCEDURES: or in conjunction with other Response Directorate, FEMA, 500 C information, indicates a violation or Street SW., Washington, DC 20472. See ‘‘Notification procedure’’ above. potential violation of law, which RECORD SOURCE CATEGORIES: includes criminal, civil, or regulatory NOTIFICATION PROCEDURE: violations and such disclosure is proper Individuals seeking notification of DHS/FEMA may collect information and consistent with the official duties of and access to any record contained in from members of the public, first the person making the disclosure. this system of records, or seeking to responders, press, volunteers, and H. To Federal, State, local, tribal contest its content, may submit a others that provide publicly available emergency management agencies, and request in writing to the DHS/FEMA information on social media sites the National Center for Missing and Freedom of Information Act (FOIA) including online forums, blogs, public Exploited Children, and other partners Officer, whose contact information can Web sites, and message boards. All who assist in emergency response, be found at http://www.dhs.gov/foia DHS/FEMA users of social media are reunification, or rescue efforts. under ‘‘Contacts.’’ If an individual clearly identified as DHS/FEMA believes more than one component employees and do not collect any DISCLOSURE TO CONSUMER REPORTING information that is not publicly AGENCIES: maintains Privacy Act records available or inaccessible due to user None. concerning him or her, the individual may submit the request to the Chief privacy settings. POLICIES AND PRACTICES FOR STORING, Privacy Officer and Chief FOIA Officer, EXEMPTIONS CLAIMED FOR THE SYSTEM: RETRIEVING, ACCESSING, RETAINING, AND Department of Homeland Security, 245 DISPOSING OF RECORDS IN THE SYSTEM: None. Murray Drive SW., Building 410, STOP– STORAGE: 0655, Washington, DC 20528. Dated: April 14, 2016. Records in this system are stored When seeking records about yourself Karen L. Neuman, electronically or on paper in secure from this system of records or any other Chief Privacy Officer, Department of facilities in a locked drawer behind a Departmental system of records, your Homeland Security. locked door. The records may be stored request must conform with the Privacy [FR Doc. 2016–09191 Filed 4–20–16; 8:45 am] on magnetic disc, tape, or digital media. Act regulations set forth in 6 CFR part BILLING CODE 9110–17–P 5. You must first verify your identity, RETRIEVABILITY: meaning that you must provide your full Much of the data within this system name, current address, and date and DEPARTMENT OF HOMELAND does not pertain to an individual; rather, place of birth. You must sign your SECURITY the information pertains to locations, request, and your signature must either geographic areas, facilities, and other be notarized or submitted under 28 [Docket No. DHS–2015–0017] things or objects not related to U.S.C. 1746, a law that permits individuals. However, in the event that Information Sharing and Analysis statements to be made under penalty of Organization Executive Order 13691 PII is collected, DHS/FEMA may perjury as a substitute for notarization. retrieve records by date, time stamp, While no specific form is required, you AGENCY: Department of Homeland incident name, individual name, or may obtain forms for this purpose from Security. social media user name. the Chief Privacy Officer and Chief ACTION: Notice of public meeting. SAFEGUARDS: FOIA Officer, http://www.dhs.gov/foia DHS/FEMA safeguards records in this or 1–866–431–0486. In addition, you SUMMARY: This Notice announces a system in accordance with applicable should: public meeting on May 18 and May 19, rules and policies, including all • Explain why you believe the 2016 in Anaheim, California to discuss applicable DHS automated systems Department would have information on and debate Voluntary Standards for security and access policies. Strict you; Information Sharing and Analysis controls are in place to minimize the • Identify which component(s) of the Organizations (ISAOs) as they relate to risk of compromising the information Department you believe may have the E.O. 13691. that is being stored. Access to the information about you; DATES: The meeting for working groups computer system containing the records • Specify when you believe the and their leads will be held May 18, in this system is limited to individuals records would have been created; and 2016 from 7:00 a.m. to 5:00 p.m. Pacific. who have a need to know the • Provide any other information that The meeting for the general public will information for the performance of their will help the FOIA staff determine be held May 19, 2016 from 7:00 a.m. to official duties and who have appropriate which DHS component agency may 5:00 p.m. Pacific. The meetings may clearances or permissions. have responsive records. conclude before the allotted time if all
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matters for discussion have been for public comment by early May. The For additional information about the addressed. initial set of voluntary standards should ISAO Standards Organization, draft ADDRESSES: The meeting location is be released for comment in June 2016. products, and the May public meeting Anaheim, California at the Hilton Specific questions to be addressed (including a link to reduced rate hotel include: rooms), please go to www.ISAO.org. Anaheim—777 W Convention Way, • Anaheim, CA 92802. Participants are What needs to be considered by a Authority: 6 U.S.C. 131–134; 6 CFR. 29; encouraged to contact [email protected] for newly-forming ISAO and what are the E.O. 13691. information on travel and logistics. first steps? • What capabilities might an ISAO Dated: April 15, 2016. FOR FURTHER INFORMATION CONTACT: If provide? Andy Ozment, you have questions concerning the • What types of information will be Assistant Secretary, Cybersecurity and meeting, please contact the ISAO shared and what are some mechanisms Communications, National Protection and Standards Organization at ISAO@ for doing so? Programs Directorate, Department of lmi.org. • What security and privacy is Homeland Security. SUPPLEMENTARY INFORMATION: needed for a newly-forming ISAO? [FR Doc. 2016–09187 Filed 4–20–16; 8:45 am] • What mentoring support is BILLING CODE 9110–9P–P Background and Purpose available for newly-forming ISAOs? On February 13, 2015, President • What government programs and Obama signed E.O. 13691 intended to services are available to assist ISAOs? DEPARTMENT OF THE INTERIOR enable and facilitate ‘‘private • What concerns do regulators and companies, nonprofit organizations, and law enforcement have about the new Fish and Wildlife Service executive departments and agencies ISAO construct? [FWS–R8–ES–2016–N072; . . . to share information related to During the May 19th public meeting FXES11130800000–167–FF08E00000] cybersecurity risks and incidents and in Anaheim, California, the Standards collaborate to respond in as close to real Organization will encourage public Endangered Species Recovery Permit time as possible.’’ discussion and debate of the ISAO Applications In accordance with E.O. 13691, DHS Working Groups initial draft documents. has entered into a cooperative Additionally, the Standards AGENCY: Fish and Wildlife Service, agreement with a non-governmental Organization seeks input on proposed Interior. ISAO Standards Organization led by the voluntary standards. All input and ACTION: Notice of receipt of permit University of Texas at San Antonio with comments received in this forum will be applications; request for comment. support from the Logistics Management evaluated by the ISAO Standards Institute (LMI) and the Retail Cyber Organization and working groups as the SUMMARY: We, the U.S. Fish and Intelligence Sharing Center (R–CISC). initial set of documents are finalized for Wildlife Service, invite the public to The ISAO Standards Organization is to publication by September. The minutes comment on the following applications work with existing information sharing from this meeting will be made to conduct certain activities with organizations, owners and operators of available to the public at www.isao.org. endangered species. With some critical infrastructure, relevant agencies, exceptions, the Endangered Species Act and other public and private sector Submitting Written Comments (Act) prohibits activities with stakeholders to identify a common set of You may submit written comments to endangered and threatened species voluntary standards or guidelines for the docket using one of the following unless a Federal permit allows such the creation and functioning of ISAOs. methods: activity. The Act also requires that we The May meeting in Anaheim (1) Federal eRulemaking Portal: invite public comment before issuing California is part of this collaborative http://www.regulations.gov. Although recovery permits to conduct certain effort. This meeting is another in a this is not a rulemaking action, activities with endangered species. series of workshops to assure comments are being submitted to the DATES: Comments on these permit transparency in the standards Federal eRulemaking Portal in an effort applications must be received on or development process. Previous in- to provide transparency to the general before May 23, 2016. person workshops were held by DHS on public. ADDRESSES: Written data or comments June 9, 2015 at the Volpe Center in (2) Email: [email protected]. Include the should be submitted to the Endangered Cambridge, MA, and on July 30, 2015 at docket number in the subject line of the Species Program Manager, U.S. Fish and San Jose State University in San Jose, message. Wildlife Service, Region 8, 2800 Cottage CA; and by the ISAO Standards (3) Mail: ISAO Standards Way, Room W–2606, Sacramento, CA Organization on November 9, 2015 at Organization, c/o LMI, 1777 NE Loop 95825 (telephone: 916–414–6464; fax: the LMI Headquarters in Tysons, VA, 410, Suite 808, San Antonio, TX 78217– 916–414–6486). Please refer to the and February 9, 2016 at the University 5217. respective permit number for each To avoid duplication, please use only of Texas at San Antonio in San Antonio, application when submitting comments. TX. one of these three methods. All comments must either be submitted to FOR FURTHER INFORMATION CONTACT: Meeting Details the online docket on or before Daniel Marquez, Fish and Wildlife The Information Sharing and Analysis November 4, 2015, or reach the Docket Biologist; see ADDRESSES (telephone: Organization (ISAO) Standards Management Facility by that date. 760–431–9440; fax: 760–431–9624). Organization is working with its six SUPPLEMENTARY INFORMATION: The Standards Working Groups (SWGs) to References following applicants have applied for develop documents to address the Executive Order 13691 can be found scientific research permits to conduct creation and functioning of ISAOs. The at: https://www.whitehouse.gov/the- certain activities with endangered initial set of draft documents will focus press-office/2015/02/13/executive- species under section 10(a)(1)(A) of the on the needs of those seeking to join or order-promoting-private-sector- Act (16 U.S.C. 1531 et seq.). We seek form an ISAO and should be released cybersecurity-information-shari. review and comment from local, State,
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and Federal agencies and the public on conjunction with reintroduction Permit No. TE–082546 the following permit requests activities throughout the range of the Applicant: Elkhorn Slough National species in California for the purpose of Applicants Estuarine Reserve, Watsonville, enhancing the species’ survival. California Permit No. TE–227263 Permit No. TE–58888A The applicant requests a permit Applicant: Emilie Strauss, Berkeley, renewal to take (harass by survey, California Applicant: Dale Ritenour, LaMesa, California capture, handle, collect biological The applicant requests a permit samples, and release) the Santa Cruz renewal to take (harass by survey) the The applicant requests a permit long-toed salamander (Ambystoma California Ridgway’s rail (California renewal to take (survey by pursuit) the macrodactylum croceum) in Monterey clapper r.) (Rallus obsoletus obsoletus) Quino checkerspot butterfly and Santa Cruz Counties, California, in (R. longirostris o.) in conjunction with (Euphydryas editha quino); and take conjunction with research activities for survey activities throughout the range of (harass by survey, capture, handle, the purpose of enhancing the species’ the species for the purpose of enhancing release, collect vouchers, analyze soil survival. the species’ survival. samples, and collect branchiopod cysts) Permit No. TE–092162 Permit No. TE–098997 the Conservancy fairy shrimp (Branchinecta conservatio), longhorn Applicant: Andrew Borcher, Lakeside, Applicant: Gregory Warrick, Tehachapi, fairy shrimp (Branchinecta California California longiantenna), San Diego fairy shrimp The applicant requests a permit The applicant requests a permit (Branchinecta sandiegonensis), renewal to take (locate and monitor amendment to take (harass by survey, Riverside fairy shrimp (Streptocephalus nests) the least Bell’s vireo (Vireo bellii capture, handle, and release) the Tipton woottoni), and vernal pool tadpole pusillus) and take (survey by pursuit) kangaroo rat (Dipodomys nitratoides shrimp (Lepidurus packardi) in the Quino checkerspot butterfly nitratoides) and giant kangaroo rat conjunction with survey activities (Euphydryas editha quino) in (Dipodomys ingens) in conjunction with throughout the range of the species in conjunction with survey activities survey activities throughout the range of California for the purpose of enhancing throughout the range of the species in the species in California for the purpose the species’ survival. California for the purpose of enhancing of enhancing the species’ survival. Permit No. TE–89991B the species’ survival. Permit No. TE–807078 Applicant: Sarah Vonderohe, Permit No. TE–063429 Applicant: Point Reyes Bird Sacramento, California Applicant: California Department of Observatory, Petaluma, California Water Resources, Fresno, California The applicant requests a permit The applicant requests a permit to amendment to take (harass by survey, take (harass by survey, capture, handle, The applicant requests a permit nest monitor, capture, measure, band, release, collect vouchers, and collect renewal to take (capture, handle, and release, and set up, monitor and branchiopod cysts) the Conservancy release) the Fresno kangaroo rat maintain cameras) the California least fairy shrimp (Branchinecta conservatio), (Dipodomys nitratoides exilis), giant tern (Sternula antillarum browni) longhorn fairy shrimp (Branchinecta kangaroo rat (Dipodomys ingens), (Sterna a. browni), take (harass by longiantenna), San Diego fairy shrimp Tipton kangaroo rat (Dipodomys survey, nest monitor, and remove (Branchinecta sandiegonensis), nitratoides nitratoides), and Buena Vista brown-headed cowbird (Molothrus ater) Riverside fairy shrimp (Streptocephalus Lake shrew (Sorex ornatus relictus) in eggs and chicks from parasitized nests) woottoni), and vernal pool tadpole conjunction with survey activities the southwestern willow flycatcher shrimp (Lepidurus packardi) in throughout the range of the species in (Empidonax traillii extimus); take conjunction with survey activities California for the purpose of enhancing (harass by survey) the California throughout the range of the species in the species’ survival. Ridgway’s rail (California clapper r.) California for the purpose of enhancing Permit No. TE–027296 (Rallus obsoletus obsoletus) (R. the species’ survival. longirostris o.); and take (locate, nest Applicant: Michael H. Fawcett, Bodega, monitor, and remove brown-headed Permit No. TE–89994B California cowbird (Molothrus ater) eggs and Applicant: Daria Snider, Sacramento, The applicant requests a permit chicks from parasitized nests) the least California renewal to take (harass by survey, Bell’s vireo (Vireo bellii pusillus) in capture, handle, and release) the conjunction with survey and monitoring The applicant requests a permit to California tiger salamander (Sonoma activities throughout the range of the take (harass by survey, capture, handle, County Distinct Population Segment species in California for the purpose of release, collect vouchers, and collect (DPS)) (Ambystoma californiense) in enhancing the species’ survival. branchiopod cysts) the Conservancy Sonoma County, California; take (harass Permit No. TE–026659 fairy shrimp (Branchinecta conservatio), by survey, capture, handle, and release) longhorn fairy shrimp (Branchinecta the California freshwater shrimp Applicant: Ventana Wildlife Society, longiantenna), San Diego fairy shrimp (Syncaris pacifica) throughout the range Salinas, California (Branchinecta sandiegonensis), of the species; and take (harass by The applicant requests a permit Riverside fairy shrimp (Streptocephalus survey, capture, handle, release, and renewal to take (capture, handle, woottoni), and vernal pool tadpole collect voucher specimens) the transport, take biological samples, shrimp (Lepidurus packardi) in tidewater goby (Eucyclogobius attach transmitters and wing markers, conjunction with survey activities newberryi) in Marin, Mendocino, perform veterinary care, release, and throughout the range of the species in Monterey, San Francisco, San Mateo, monitor) the California condor California for the purpose of enhancing Santa Cruz, and Sonoma Counties, (Gymnogyps californianus) in the species’ survival. California, in conjunction with survey
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activities for the species for the purpose monitoring, and territorial mapping muscosa)) in conjunction with research, of enhancing the species’ survival. activities throughout the range of the captive rearing, and general husbandry species in California for the purpose of activities at the San Francisco Zoo and Permit No. TE–813545 enhancing the species’ survival. Gardens in San Francisco, California for Applicant: Brock Ortega, Poway, the purpose of enhancing the species’ Permit No. TE–221287 California survival. Applicant: Diana G. Saucedo, San The applicant requests a permit Permit No. TE–813431 renewal to take (locate and monitor Diego, California nests) the least Bell’s vireo (Vireo bellii The applicant requests a permit Applicant: Peter Famolaro, Spring pusillus); take (survey by pursuit) the amendment to take (survey by pursuit) Valley, California Quino checkerspot butterfly the Quino checkerspot butterfly The applicant requests a permit (Euphydryas editha quino); take (harass (Euphydryas editha quino); and take renewal to take (harass by survey) the by survey, capture, handle, release, (harass by survey, capture, handle, light-footed Ridgway’s rail (light-footed collect vouchers, and collect release, collect vouchers, and collect clapper r.) (Rallus obsoletus levipes) (R. branchiopod cysts) the Conservancy branchiopod cysts) the San Diego fairy longirostris l.) in San Diego County, fairy shrimp (Branchinecta conservatio), shrimp (Branchinecta sandiegonensis) California; take (harass by survey, locate longhorn fairy shrimp (Branchinecta and Riverside fairy shrimp and monitor nests, and remove brown- longiantenna), San Diego fairy shrimp (Streptocephalus woottoni) in headed cowbird (Molothrus ater) eggs (Branchinecta sandiegonensis), conjunction with survey activities and chicks from parasitized nests) Riverside fairy shrimp (Streptocephalus throughout the range of the species for southwestern willow flycatcher woottoni), and vernal pool tadpole the purpose of enhancing the species’ (Empidonax traillii extimus); and take shrimp (Lepidurus packardi); and take survival. (locate and monitor nests, remove (harass by survey and nest monitoring) Permit No. TE–067992 brown-headed cowbird (Molothrus ater) the southwestern willow flycatcher eggs and chicks from parasitized nests, Applicant: Daniel Dugan, Morro Bay, (Empidonax traillii extimus) in capture, handle, and band) least Bell’s California conjunction with survey and population vireo (Vireo bellii pusillus), in monitoring activities throughout the The applicant requests a permit conjunction with population range of the species in California for the renewal to take (locate, handle, monitoring, research, and survey purpose of enhancing the species’ measure, relocate, and release) the activities throughout the range of the survival. Morro shoulderband snail (Banded species in California for the purpose of Permit No. TE–89964A dune) (Helminthoglypta walkeriana) in enhancing the species’ survival. San Luis Obispo County, California; and Applicant: Debra Barringer, Ventura, take (harass by survey, capture, handle, Permit No. TE–92719B California and release) the tidewater goby Applicant: Thomas Dayton, Encinitas, The applicant requests a permit (Eucyclogobius newberryi) throughout California amendment to take (harass by survey, the range of the species in California, in locate and monitor nests, and erect/ conjunction with survey activities for The applicant requests a new permit install symbolic fencing and signs) the the species for the purpose of enhancing to take (harass by survey) the California least tern (Sternula the species’ survival. southwestern willow flycatcher (Empidonax traillii extimus); and take antillarum browni) (Sterna a. browni) in Permit No. TE–067990 conjunction with survey activities in (harass by survey, and locate and San Diego and Ventura Counties, Applicant: Barbie Dugan, Morro Bay, monitor nests) least Bell’s vireo (Vireo California, for the purpose of enhancing California bellii pusillus), in conjunction with the species’ survival. The applicant requests a permit population monitoring, and survey activities throughout the range of the Permit No. TE–068799 renewal to take (locate, handle, measure, relocate, and release) the species for the purpose of enhancing the Applicant: Mikael T. Romich, Redlands, Morro shoulderband snail (Banded species’ survival. California dune) (Helminthoglypta walkeriana) in Permit No. TE–744878 The applicant requests a permit conjunction with survey activities for the species in San Luis Obispo County, Applicant: Institute for Wildlife Studies, amendment to take (harass by survey, Arcata, California nest monitor, and remove brown-headed California, for the purpose of enhancing cowbird (Molothrus ater) eggs and the species’ survival. The applicant requests a permit chicks from parasitized nests) Permit No. TE–92167B renewal to take (harass by survey, southwestern willow flycatcher capture, handle, measure, sex, insert PIT (Empidonax traillii extimus) throughout Applicant: San Francisco Zoological tag, radio-collar, vaccinate, collect the range of the species in California, Society, San Francisco, California biological samples, treat for ear mites, Arizona, New Mexico, and Nevada; take The applicant requests a permit to test for reproductive capacity and status, (locate and monitor nests, and remove take (captive rear, perform husbandry, transport, and release) the Santa Cruz brown-headed cowbird (Molothrus ater) transport, insert PIT (passive integrated Island fox (Urocyon littoralis eggs and chicks from parasitized nests) transponder) tag, perform biological santacruzae), and Santa Catalina Island least Bell’s vireo (Vireo bellii pusillus); testing, treat, euthanize, perform fox (Urocyon littoralis catalinae) in and take (harass by survey, capture, behavior studies, and perform genetic conjunction with research activities on handle, and release) the San Bernardino analysis) throughout all life stages, the Santa Cruz Island in Santa Barbara Merriam’s kangaroo rat (Dipodomys Sierra Nevada yellow-legged frog (Rana County and Santa Catalina Island in Los merriami parvus) and Stephens’ sierrae) and mountain yellow-legged Angeles County, California for the kangaroo rat (Dipodomys stephensi) in frog ((southern California DPS, and purpose of enhancing the species’ conjunction with surveys, population northern California DPS) (Rana survival.
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Permit No. TE–92770B Permit No. TE–89998A DEPARTMENT OF THE INTERIOR Applicant: East Bay Zoological Society, Applicant: Matthew Amalong, Fountain Fish and Wildlife Service Oakland, California Valley, California [FWS–R2–ES–2016–N057; The applicant requests a permit to The applicant requests a permit FXES11120200000–167–FF02ENEH00] take (captive rear, perform husbandry, renewal to take (harass by survey, locate transport, insert PIT tag, perform and monitor nests, capture, band, and Receipt of Incidental Take Permit biological testing, treat, euthanize, release) California least tern (Sternula Applications for Participation in the Amended Oil and Gas Industry perform behavior studies, and perform antillarum browni) (Sterna a. browni) in Conservation Plan for the American genetic analysis) throughout all life conjunction with survey and population Burying Beetle in Oklahoma stages, the Sierra Nevada yellow-legged monitoring activities throughout the frog (Rana sierrae), and mountain range of the species in California for the AGENCY: Fish and Wildlife Service, yellow-legged frog ((southern California purpose of enhancing the species’ Interior. DPS, and northern California DPS) survival. ACTION: Notice of availability; request (Rana muscosa)) in conjunction with for public comments. research, captive rearing, and general Permit No. TE–92905B husbandry activities at the Oakland Zoo, Applicant: Brian Berry, Bakersfield, SUMMARY: Under the Endangered Oakland, California for the purpose of California Species Act, as amended (Act), we, the enhancing the species’ survival. U.S. Fish and Wildlife Service, invite The applicant requests a permit to the public to comment on incidental Permit No. TE–106908 take (harass by survey, capture, handle, take permit applications for take of the Applicant: Manna Warburton, San mark, and release) the Tipton kangaroo federally listed American burying beetle Diego, California rat (Dipodomys nitratoides nitratoides), resulting from activities associated with Fresno kangaroo rat (Dipodomys the geophysical exploration (seismic) The applicant requests a permit nitratoides exilis), and giant kangaroo and construction, maintenance, renewal to take (harass by survey, rat (Dipodomys ingens) in conjunction operation, repair, and decommissioning capture, handle, measure, insert PIT tag, with survey activities throughout the of oil and gas well field infrastructure and release) the arroyo toad (arroyo range of the species in California for the and pipelines within Oklahoma. If approved, the permits would be issued southwestern) (Anaxyrus californicus) purpose of enhancing the species’ under the approved Amended Oil and and the mountain yellow-legged frog survival. (southern California DPS) (Rana Gas Industry Conservation Plan mucosa) in Imperial, Los Angeles, Public Comments Associated with Issuance of Endangered Orange, Riverside, San Bernardino, San Species Act Section 10(a)(1)(B) Permits Diego, Santa Barbara, and Ventura We invite public review and comment for the American Burying Beetle in Counties, California; take (harass by on each of these recovery permit Oklahoma (ICP). survey, capture, handle, and release) the applications. Comments and materials DATES: To ensure consideration, written tidewater goby (Eucyclogobius we receive will be available for public comments must be received on or before newberryi) in San Diego, Orange, Los inspection, by appointment, during May 23, 2016. Angeles, Ventura, Santa Barbara, San normal business hours at the address ADDRESSES: You may obtain copies of Luis Obispo, Monterey, Santa Cruz, San listed in the ADDRESSES section of this all documents and submit comments on Mateo, San Francisco, Marin, Sonoma, notice. the applicant’s ITP application by one of Mendocino, and Humboldt Counties, Before including your address, phone the following methods. Please refer to California; and take the unarmored number, email address, or other the permit number when requesting threespine stickleback (Gasterosteus personal identifying information in your documents or submitting comments. Æ aculeatus williamsoni) in the Santa comment, you should be aware that U.S. Mail: U.S. Fish and Wildlife Clara River in Los Angeles and Ventura your entire comment—including your Service, Division of Endangered Counties, and Sugarloaf Pond in the San personal identifying information—may Species—HCP Permits, P.O. Box 1306, Bernardino National Forest, San Room 6034, Albuquerque, NM 87103. be made publicly available at any time. Æ _ _ Bernardino County, California, in While you can ask us in your comment Electronically: fw2 hcp permits@ fws.gov. conjunction with survey activities for to withhold your personal identifying the purpose of enhancing the species’ information from public review, we FOR FURTHER INFORMATION CONTACT: survival. cannot guarantee that we will be able to Marty Tuegel, Branch Chief, by U.S. mail at: U.S. Fish and Wildlife Service, Permit No. TE–92799B do so. Environmental Review Division, P.O. Applicant: Karl Fairchild, Fullerton, Angela Picco, Box 1306, Room 6034, Albuquerque, California Acting Regional Director, Pacific Southwest NM 87103; or by telephone at 505–248– Region, Sacramento, California. 6651. The applicant requests a new permit [FR Doc. 2016–09260 Filed 4–20–16; 8:45 am] SUPPLEMENTARY INFORMATION: to take (harass by survey, and locate and BILLING CODE 4333–15–P monitor nests) southwestern willow Introduction flycatcher (Empidonax traillii extimus) Under the Endangered Species Act, as and least Bell’s vireo (Vireo bellii amended (16 U.S.C. 1531 et seq.; Act), pusillus) in conjunction with survey we, the U.S. Fish and Wildlife Service, and population monitoring activities in invite the public to comment on Ventura County, California for the incidental take permit (ITP) applications purpose of enhancing the species’ for take of the federally listed American survival. burying beetle (Nicrophorus
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americanus) resulting from activities Applicant requests an amended repair, and decommissioning of oil and associated with geophysical exploration permit for oil and gas upstream and gas well field infrastructure, as well as (seismic) and construction, midstream production, including construction, maintenance, operation, maintenance, operation, repair, and geophysical exploration (seismic) and repair, decommissioning, and decommissioning of oil and gas well construction, maintenance, operation, reclamation of oil and gas gathering, field infrastructure, as well as repair, and decommissioning of oil and transmission, and distribution pipeline construction, maintenance, operation, gas well field infrastructure, as well as infrastructure within Oklahoma. repair, decommissioning, and construction, maintenance, operation, reclamation of oil and gas gathering, repair, decommissioning, and Permit TE92748B transmission, and distribution pipeline reclamation of oil and gas gathering, Applicant: Diamond Pipeline, LLC, infrastructure within Oklahoma. If transmission, and distribution pipeline approved, the permit would be issued to infrastructure within Oklahoma. Houston, TX. the applicant under the Amended Oil Permit TE51520B Applicant requests a new permit for and Gas Industry Conservation Plan oil and gas upstream and midstream Associated with Issuance of Endangered Applicant: Bravo Arkoma, LLC, Tulsa, production, including geophysical Species Act Section 10(a)(1)(B) Permits OK. exploration (seismic) and construction, for the American Burying Beetle in Applicant requests an amended maintenance, operation, repair, and Oklahoma (ICP). The original ICP was permit for oil and gas upstream and decommissioning of oil and gas well approved on May 21, 2014 (publication midstream production, including field infrastructure, as well as of the FONSI notice was on July 25, geophysical exploration (seismic) and construction, maintenance, operation, 2014; 79 FR 43504). The draft amended construction, maintenance, operation, ICP was made available for comment on repair, decommissioning, and repair, and decommissioning of oil and reclamation of oil and gas gathering, March 8, 2016 (81 FR 12113), and gas well field infrastructure, as well as approved on April 13, 2016. The ICP transmission, and distribution pipeline construction, maintenance, operation, infrastructure within Oklahoma. and the associated environmental repair, decommissioning, and assessment/finding of no significant reclamation of oil and gas gathering, Public Availability of Comments impact are available on the Web site at transmission, and distribution pipeline http://www.fws.gov/southwest/es/ infrastructure within Oklahoma. Written comments we receive become oklahoma/ABBICP. However, we are no part of the public record associated with longer taking comments on these Permit TE55794B this action. Before including your finalized, approved documents. Applicant: ONE GAS, Inc., Tulsa, OK. address, phone number, email address, Applications Available for Review and Applicant requests an amended or other personal identifying Comment permit for oil and gas upstream and information in your comment, you We invite local, State, Tribal, and midstream production, including should be aware that your entire Federal agencies, and the public to geophysical exploration (seismic) and comment—including your personal comment on the following application construction, maintenance, operation, identifying information—may be made under the ICP, for incidental take of the repair, and decommissioning of oil and publicly available at any time. While federally listed ABB. Please refer to the gas well field infrastructure, as well as you can request in your comment that appropriate permit number (e.g., TE– construction, maintenance, operation, we withhold your personal identifying 123456) when requesting application repair, decommissioning, and information from public review, we documents and when submitting reclamation of oil and gas gathering, cannot guarantee that we will be able to comments. Documents and other transmission, and distribution pipeline do so. We will not consider anonymous information the applicants have infrastructure within Oklahoma. comments. All submissions from submitted with this application are Permit TE60265B organizations or businesses, and from available for review, subject to the individuals identifying themselves as Applicant: White Star Energy, LLC, requirements of the Privacy Act (5 representatives or officials of Oklahoma City, OK. U.S.C. 552a) and Freedom of organizations or businesses, will be Information Act (5 U.S.C. 552). Applicant requests an amended made available for public disclosure in permit for oil and gas upstream and their entirety. Permit TE40320B midstream production, including Applicant: Enable Midstream Partners, geophysical exploration (seismic) and Authority LP, Shreveport, LA. construction, maintenance, operation, Applicant requests an amended repair, and decommissioning of oil and We provide this notice under section permit for oil and gas upstream and gas well field infrastructure, as well as 10(c) of the Act (16 U.S.C. 1531 et seq.) midstream production, including construction, maintenance, operation, and its implementing regulations (50 geophysical exploration (seismic) and repair, decommissioning, and CFR 17.22) and the National construction, maintenance, operation, reclamation of oil and gas gathering, Environmental Policy Act (42 U.S.C. repair, and decommissioning of oil and transmission, and distribution pipeline 4321 et seq.) and its implementing gas well field infrastructure, as well as infrastructure within Oklahoma. regulations (40 CFR 1506.6). construction, maintenance, operation, Permit TE78500B Dated: April 13, 2016. repair, decommissioning, and Joy E. Nicholopoulos, reclamation of oil and gas gathering, Applicant: Chesapeake Energy Corp., transmission, and distribution pipeline Oklahoma City, OK. Acting Regional Director, Southwest Region. infrastructure within Oklahoma. Applicant requests an amended [FR Doc. 2016–09249 Filed 4–20–16; 8:45 am] permit for oil and gas upstream and BILLING CODE 4333–15–P Permit TE49742B midstream production, including Applicant: BP America Production Co., geophysical exploration (seismic) and Houston, TX. construction, maintenance, operation,
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DEPARTMENT OF THE INTERIOR IOWA Lynchburg Independent City Bremer County Court House Hill—Downtown Historic National Park Service Sturdevant Southwest Historic District, District (Boundary Increase II), 300 & 400 Roughly bounded by 1st & 8th Sts. SW., 1st blks. 12th, 1200 blk. Church, 1000 blk. [NPS–WASO–NRNHL–20790; & 5t Aves. SW., W. Bremer Ave. & Cedar Main, 1001 Commerce & 1300 Court Sts., PPWOCRADI0, PCU00RP14.R50000] R., Waverly, 16000248 Lynchburg (Independent City), 16000261 National Register of Historic Places; Scott County Roanoke County Notification of Pending Nominations Davenport Bank and Trust (Boundary Cook, Roland E., Elementary School, 412 S. and Related Actions Increase), 203 & 229 W. 3rd St., Davenport, Poplar St., Vinton, 16000262 16000249 Roanoke Independent City AGENCY: National Park Service, Interior. MARYLAND Roanoke City Health Center, 515 8th St. SW., ACTION: Notice. Caroline County Roanoke (Independent City), 16000263 Federalsburg West Historic District, Roughly WYOMING SUMMARY: The National Park Service is bounded by Railroad, University & soliciting comments on the significance Bloomingdale Aves., Denton & Idlewild Sheridan County of properties nominated before April 2, Rds. & Marshyhope Creek, Federalsburg, Dayton Mercantile, 408 Main St., Dayton, 16000250 2016, for listing or related actions in the 16000264 National Register of Historic Places. MASSACHUSETTS Washakie County DATES: Comments should be submitted Worcester County by May 6, 2016. Parks, Emerson, House, 504 2nd St., Ten Beaman Memorial Public Library, 8 Newton Sleep, 16000265 St., West Boylston, 16000251 ADDRESSES: Comments may be sent via A request to move has been received for U.S. Postal Service to the National NEW JERSEY the following resource: Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, Mercer County NEW YORK Washington, DC 20240; by all other Camden and Amboy Railroad Right of Way Broome County carriers, National Register of Historic Site, N. side of Rogers Ave. about 100 yds. Ross Park Carousel, Ross Park, Binghamton, Places, National Park Service, 1201 Eye W. of Mercer St., Hightstown Borough, 91001966 St. NW., 8th floor, Washington, DC 16000252 20005; or by fax, 202–371–6447. NEW YORK A request for a name change and to move has been received for the following resource: SUPPLEMENTARY INFORMATION: The Dutchess County NORTH CAROLINA properties listed in this notice are being Attlebury Schoolhouse, 6917 NY 82, considered for listing or related actions Stanford, 16000253 Wake County in the National Register of Historic Kings County Jones, Crabtree, House (Jones Jr., Nathaniel, Places. Nominations for their House), N. of Raleigh off Old Wake Forest consideration were received by the Beth Olam Cemetery, 2 Cypress Hills St., Brooklyn, 16000254 Rd., Raleigh, 73001376 National Park Service before April 2, A request for removal has been received for 2016. Pursuant to section 60.13 of 36 New York County the following resources: CFR part 60, written comments are Calvary Methodist Episcopal Church, 211 W. being accepted concerning the 129th St., 2190 Adam Clayton Powell, Jr. OHIO Blvd., New York, 16000255 significance of the nominated properties Huron County under the National Register criteria for Ulster County evaluation. Benedict, Dr. David De Forest, House, 80 Fitch Bluestone Company Office, 532–574 Seminary St., Norwalk, 75001439 Before including your address, phone Abeel St., Kingston, 16000256 number, email address, or other Lorain County PENNSYLVANIA personal identifying information in your Bryant, George, House, 333 3rd. St., Elyria, comment, you should be aware that Philadelphia County 79002727 your entire comment—including your Tacony Disston Community Development Old District Nine Schoolhouse, Chestnut St., personal identifying information—may Historic District, Roughly bounded by Elyria, 79002715 be made publicly available at any time. 4500–4900 blks. of Magee St., Princeton & Old St. John’s Church 600 W. Broad St., While you can ask us in your comment Tyson Aves., 6900 blk. of Cottage St., Elyria, 79002721 to withhold your personal identifying Philadelphia, 16000257 Muskingum County information from public review, we SOUTH DAKOTA cannot guarantee that we will be able to Emery, Abram, House, 413 Pershing Rd., Meade County do so. Zanesville, 78002160 Black Hills National Cemetery, 20901 Authority: 60.13 of 36 CFR part 60. FLORIDA Pleasant Valley Dr., Sturgis, 16000258 Dated: April 5, 2016. Escambia County VIRGINIA J. Paul Loether, Marzoni House, 714 La Rua St., Pensacola, Charlottesville Independent City 16000245 Chief, National Register of Historic Places/ Foster Site, The, 1540 Jefferson Park Ave., National Historic Landmarks Program. GEORGIA Charlottesville (Independent City), [FR Doc. 2016–09218 Filed 4–20–16; 8:45 am] 16000259 Haralson County BILLING CODE 4312–51–P Tallapoosa Commercial Historic District, Hanover County Centered on US 78, Head Ave., Odessa St. Tavern at Old Church, The, 3350–3360 Old and RR., Tallapoosa, 16000246 Church Rd., Mechanicsville, 16000260
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DEPARTMENT OF THE INTERIOR U.S.C. 3003(d)(3). The determinations in remains and associated funerary objects this notice are the sole responsibility of and the Kickapoo Tribe of Indians of the National Park Service the museum, institution, or Federal Kickapoo Reservation in Kansas. agency that has control of the Native [NPS–WASO–NAGPRA–20685; Additional Requestors and Disposition PPWOCRADN0–PCU00RP14.R50000] American human remains and associated funerary objects. The Lineal descendants or representatives Notice of Inventory Completion: National Park Service is not responsible of any Indian tribe or Native Hawaiian Kansas State Historical Society, for the determinations in this notice. organization not identified in this notice Topeka, KS that wish to request transfer of control Consultation of these human remains and associated AGENCY: National Park Service, Interior. A detailed assessment of the human funerary objects should submit a written ACTION: Notice. remains was made by the Kansas State request with information in support of Historical Society professional staff in the request to Dr. Robert J. Hoard, SUMMARY: The Kansas State Historical consultation with representatives of the Kansas State Historical Society, 6425 Society has completed an inventory of Kickapoo Tribe of Indians of the SW. 6th Avenue, Topeka, KS 66615, human remains and associated funerary Kickapoo Reservation in Kansas. telephone (785) 272–8681 x269, email objects, in consultation with the History and Description of the Remains [email protected], by May 23, 2016. After appropriate Indian tribes or Native that date, if no additional requestors Hawaiian organizations, and has In late 1916 or early 1917, human have come forward, transfer of control determined that there is a cultural remains representing, at minimum, one of the human remains and associated affiliation between the human remains individual were removed from an funerary objects to the Kickapoo Tribe and associated funerary objects and unnamed and unrecorded site of Indians of the Kickapoo Reservation present-day Indian tribes or Native somewhere near Port Williams in in Kansas may proceed. Hawaiian organizations. Lineal Atchison County, KS, by George The Kansas State Historical Society is descendants or representatives of any Remsberg, a well-known amateur responsible for notifying the Kickapoo Indian tribe or Native Hawaiian archeologist. Remsberg reported that he Tribe of Indians of the Kickapoo organization not identified in this notice excavated a relatively recent Native Reservation in Kansas that this notice that wish to request transfer of control American burial in Atchison County, has been published. of these human remains and associated KS, from the Bluma family farm near funerary objects should submit a written Walnut Creek, though he does not Dated: March 22, 2016. request to the Kansas State Historical specify the location. This area was Melanie O’Brien, Society. If no additional requestors Kickapoo land from 1832 to 1854. The Manager, National NAGPRA Program. come forward, transfer of control of the association of a string of glass beads [FR Doc. 2016–09261 Filed 4–20–16; 8:45 am] human remains and associated funerary indicated a relatively recent burial. The BILLING CODE 4312–50–P objects to the lineal descendants, Indian human remains consist of a cranium tribes, or Native Hawaiian organizations and an associated mandible. The stated in this notice may proceed. cranium was determined to be that of a DEPARTMENT OF THE INTERIOR DATES: Lineal descendants or 20–30 year old male of mixed ancestry. National Park Service representatives of any Indian tribe or No known individuals were identified. Native Hawaiian organization not The 168 associated funerary objects are [NPS–WASO–NAGPRA–20686; identified in this notice that wish to 1 lot of glass beads, 5 chert chips, 1 PPWOCRADN0–PCU00RP14.R50000] request transfer of control of these mussel shell section, 1 stone, 63 non- human remains and associated funerary human skeletal elements, and 97 pottery Notice of Intent To Repatriate Cultural objects should submit a written request sherds. Items: Kansas State Historical Society, with information in support of the Remsberg sent some materials he Topeka, KS request to the Kansas State Historical collected in Kansas to Wallingford AGENCY: National Park Service, Interior. Society at the address in this notice by Historical Society in Connecticut in May 23, 2016. 1917. That institution returned the ACTION: Notice. materials to the Kansas State Historical ADDRESSES: Dr. Robert J. Hoard, Kansas SUMMARY: The Kansas State Historical State Historical Society, 6425 SW. 6th Society on April 20, 1990. Society, in consultation with the Avenue, Topeka, KS 66615, telephone Determinations Made by the Kansas appropriate Indian tribes or Native (785) 272–8681 x269, email rhoard@ State Historical Society Hawaiian organizations, has determined kshs.org. Officials of the Kansas State Historical that the cultural items listed in this SUPPLEMENTARY INFORMATION: Notice is Society have determined that: notice meet the definition of here given in accordance with the • Pursuant to 25 U.S.C. 3001(9), the unassociated funerary objects. Lineal Native American Graves Protection and human remains described in this notice descendants or representatives of any Repatriation Act (NAGPRA), 25 U.S.C. represent the physical remains of 1 Indian tribe or Native Hawaiian 3003, of the completion of an inventory individual of Native American ancestry. organization not identified in this notice of human remains and associated • Pursuant to 25 U.S.C. 3001(3)(A), that wish to claim these cultural items funerary objects under the control of the the 168 objects described in this notice should submit a written request to the Kansas State Historical Society, Topeka, are reasonably believed to have been Kansas State Historical Society. If no KS. The human remains and associated placed with or near individual human additional claimants come forward, funerary objects were removed from remains at the time of death or later as transfer of control of the cultural items somewhere near Port Williams, in part of the death rite or ceremony. to the lineal descendants, Indian tribes, Atchison County, KS. • Pursuant to 25 U.S.C. 3001(2), there or Native Hawaiian organizations stated This notice is published as part of the is a relationship of shared group in this notice may proceed. National Park Service’s administrative identity that can be reasonably traced DATES: Lineal descendants or responsibilities under NAGPRA, 25 between the Native American human representatives of any Indian tribe or
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Native Hawaiian organization not remains were destroyed by the Kansas Dated: March 22, 2016. identified in this notice that wish to State Historical Society in 1957 and Melanie O’Brien, claim these cultural items should 1958, according to an accession book, Manager, National NAGPRA Program. submit a written request with but the funerary objects were retained. [FR Doc. 2016–09262 Filed 4–20–16; 8:45 a.m.] information in support of the claim to The 154 unassociated funerary objects BILLING CODE 4312–50–P the Kansas State Historical Society at are 1 disk shell bead, 3 small burned the address in this notice by May 23, bone fragments, 1 Dentalium bead, 140 2016. shell disk beads, 2 shell pendants/ DEPARTMENT OF THE INTERIOR ADDRESSES: Dr. Robert J. Hoard, State ornaments, 1 drilled stone object, 1 Archeologist, Kansas State Historical incised stone pipe, and 5 incised bone Office of Natural Resources Revenue Society, 6425 SW. 6th Avenue, Topeka, beads. These are identified by the KS 66615–1099, telephone (785) 272– designation UBS 1991–99. [Docket No. ONRR–2011–0018; DS63610000 8681 ext. 269, email [email protected]. The Blue Earth Village is shown on a DR2PS0000.CH7000 167D0102R2] SUPPLEMENTARY INFORMATION: Notice is 1795 map by Antoine Soulard and is Notice of Proposed Audit Delegation here given in accordance with the identified as a Kaw site. It was the Renewal for the States of Alaska, Native American Graves Protection and principle Kaw village for approximately California, Colorado, North Dakota, Repatriation Act (NAGPRA), 25 U.S.C. 30 years. It was partially excavated in Texas, Utah, and Wyoming 3005, of the intent to repatriate cultural 1937 by archaeologist Waldo Wedel and tested by archaeologist John Tomasic of items in the possession of the Kansas AGENCY: Office of the Secretary, Office State Historical Society that meet the the Kansas State Historical Society in 2012. Both excavations produced of Natural Resources Revenue (ONRR), definition of unassociated funerary Interior. objects under 25 U.S.C. 3001. material consistent with a Kaw This notice is published as part of the occupation. Zebulon Pike also traded ACTION: Notice. National Park Service’s administrative with the Kaw at this location in 1806. responsibilities under NAGPRA, 25 SUMMARY: The States of Alaska, Determinations Made by the Kansas California, Colorado, North Dakota, U.S.C. 3003(d)(3). The determinations State Historical Society within this notice are the sole Texas, Utah, and Wyoming are responsibility of the museum, Officials of the Kansas State Historical requesting that ONRR renew current Society have determined that: delegations of audit and investigation institution, or Federal agency that has • control of the Native American cultural Pursuant to 25 U.S.C. 3001(3)(B), authority. This notice gives members of items. The National Park Service is not the 172 cultural items described above the public an opportunity to review and responsible for the determinations are reasonably believed to have been comment on the States’ proposals. within this notice. placed with or near individual human DATES: Submit written comments on or remains at the time of death or later as before May 23, 2016. History and Description of the Cultural part of the death rite or ceremony and Items are believed, by a preponderance of the ADDRESSES: You may submit comments In 1964, artifact collectors excavated evidence, to have been removed from a on this notice by any of the following 18 cultural items and two human specific burial site of a Native American methods: burials at the Doniphan site, 14DP2, in individual. • Electronically go to http:// Doniphan County, KS. The human • Pursuant to 25 U.S.C. 3001(2), there www.regulations.gov. In the entry titled remains were reburied at the site after is a relationship of shared group ‘‘Enter Keyword or ID,’’ enter ONRR– osteological analysis by the Kansas State identity that can be reasonably traced 2011–0018, and then click search. Historical Society, but the 18 associated between the unassociated funerary Follow the instructions to submit public funerary objects, consisting of 5 objects and the Kaw Nation, Oklahoma. comments. ONRR will post all projectile points, 11 white glass beads, comments. Additional Requestors and Disposition and 2 small metal rings were given to • Email comments to Luis Aguilar, the Kansas State Historical Society. Lineal descendants or representatives Regulatory Specialist, at Luis.Aguilar@ These are identified by the designation of any Indian tribe or Native Hawaiian onrr.gov. Please reference the Docket UBS 1991–105. organization not identified in this notice No. ONRR–2011–0018 in your The Doniphan site has long been that wish to claim these cultural items comments. known to be a Kaw village, though should submit a written request with • Hand-carry comments or use an earlier components also are present. It information in support of the claim to overnight courier service. Our courier was visited by French Military office Dr. Robert J. Hoard, State Archeologist, address is Building 85, Room A–614, ´ Etienne Veniard de Bourgmont in 1724 Kansas State Historical Society, 6425 Denver Federal Center, West 6th Ave. on his way to visit western tribes. This SW. 6th Avenue, Topeka, KS 66615– and Kipling St., Denver, Colorado village also may be the one that appears 1099, telephone (785) 272–8681 ext. 80225. Please reference the Docket No. on the 1718 map by Delisle and noted 269, email [email protected], by May 23, ONRR–2011–0018 in your comments. as ruins by Lewis and Clark in 1805. 2016. After that date, if no additional Between 1904 and 1935, human claimants have come forward, transfer FOR FURTHER INFORMATION CONTACT: Ms. remains and 154 artifacts were removed of control of the unassociated funerary Heidi Badaracco, State and Tribal from the Blue Earth site, 14PO24, objects to the Kaw Nation, Oklahoma Support, State and Indian Coordination, Pottawatomie County, KS, by Kansas may proceed. ONRR; telephone (303) 231–3434; or by State University faculty member J.V. The Kansas State Historical Society is email at [email protected]. Cortelyou. In 1956, the human remains responsible for notifying the Kaw SUPPLEMENTARY INFORMATION: The and artifacts were donated to the Kansas Nation, Oklahoma that this notice has following officials are the State contacts State Historical Society. The human been published. for their respective proposals:
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State Department Contact information
Alaska ...... Division of Oil and Gas ...... Monica French, 550 West 7th Avenue, Suite 800, Anchorage, AK 99501– 5313. California ...... State Controller’s Office ...... Elizabeth Gonzalez, 300 Capitol Mall, Suite 518, Sacramento, CO 94250– 5874. Colorado ...... Colorado Department of Revenue, Min- Brenda Petersen, 720 S. Colorado Blvd., Suite 400N, Denver, CO 80246– eral Audit Section. 1968. North Dakota ...... State Auditor’s Office, Royalty Audit Dennis Roller, 425 North 5th Street, 3rd Floor, Bismarck, ND 58501–4033. Section. Texas ...... Texas General Land Office ...... Luke Decker, 1700 N. Congress Ave., Suite 640, Austin, TX 78701–1436. Utah ...... Utah State Tax Commission ...... Jennifer Casady, 210 North 1950 West, Salt Lake City, Utah 64134–9000. Wyoming ...... WY Dept. of Audit, Mineral Audit Divi- Steve Dilsaver, 122 West 25th Street, Cheyenne, WY 82001–3004. sion.
The States’ new agreement within the State. The States do not The States have asked ONRR to renew application, including proposed budget request delegation of royalty and the delegations within the time required and work plan, are due April 1, 2016. production reporting functions. In by 30 CFR 1227.110(b). The States of In accordance with 30 CFR addition to audit and investigation Alaska, California, and Utah request 1227.101(b)(1), the States request that authority, the State of Wyoming also 100-percent funding of the delegated ONRR delegate the royalty management requests to renew its authority under 30 functions for a 3-year period beginning functions of conducting audits and CFR 1227.101(b)(2) to issue Orders to July 1, 2016, with the opportunity to investigations. The States request Pay, Orders to Perform, and tolling extend for an additional 3-year period. delegation of these functions for agreements as a result of an audit or The States of Colorado, North Dakota, producing Federal oil and gas leases compliance review; it also requests to Texas, and Wyoming request 100- within the State boundaries, as renew its subpoena authority under the percent funding of the delegated applicable. This is for producing Royalty Simplification and Fairness Act Federal oil and gas leases in the Outer functions for a 3-year period beginning Continental Shelf, subject to revenue related to oil and gas revenues owed to October 1, 2016, with the opportunity to sharing under 8(g) of the Outer the United States and shared with the extend for an additional 3-year period. Continental Shelf Lands Act, 43 U.S.C. State, which are attributable to leased The States have a current audit 1337(g); and for other producing solid Federal onshore property within the delegation agreement with ONRR, as mineral or geothermal Federal leases State. shown in the table below:
State Agreement No. Term
Alaska ...... D12AC70003 7/01/2010–6/30/2013, 7/01/2013–6/30/2016. California ...... D12AC70004 7/01/2010–6/30/2013, 7/01/2013–6/30/2016. Colorado ...... D12AC70005 10/01/2010–9/30/2013, 10/01/2013–9/30/2016. North Dakota ...... D12AC70007 10/01/2010–9/30/2013, 10/01/2013–9/30/2016. Texas ...... D12AC70009 10/01/2010–9/30/2013, 10/01/2013–9/30/2016. Utah ...... D12AC70010 7/01/2010–6/30/2013, 7/01/2013–6/30/2016. Wyoming ...... D12AC70012 10/01/2010–9/30/2013, 10/01/2013–9/30/2016.
Therefore, ONRR has determined that ACTION: Notice. SUPPLEMENTARY INFORMATION: The Glen we will not hold a formal hearing for Canyon Dam Adaptive Management comments under 30 CFR 1227.105. SUMMARY: The Glen Canyon Dam Program (AMP) was implemented as a Adaptive Management Work Group Dated: April 6, 2016. result of the Record of Decision on the (AMWG) makes recommendations to the Operation of Glen Canyon Dam Final Gregory J. Gould, Secretary of the Interior concerning Environmental Impact Statement to Director, Office of Natural Resources Glen Canyon Dam operations and other comply with consultation requirements Revenue. management actions to protect resources of the Grand Canyon Protection Act [FR Doc. 2016–09217 Filed 4–20–16; 8:45 am] downstream of Glen Canyon Dam (Pub. L. 102–575) of 1992. The AMP BILLING CODE 4335–30–P consistent with the Grand Canyon includes a Federal advisory committee, Protection Act. The AMWG meets two the AMWG, a technical work group, a to three times a year. DEPARTMENT OF THE INTERIOR Grand Canyon Monitoring and Research DATES: The May 25, 2016, AMWG Center, and independent review panels. Bureau of Reclamation WebEx/conference call will begin at The technical work group is a 11:00 a.m. (EDT), 9:00 a.m. (MDT), and subcommittee of the AMWG and 8:00 a.m. (PDT) and conclude three (3) provides technical advice and [RR04073000, XXXR4081X3, hours in the respective time zones. See RX.05940913.7000000] recommendations to the AMWG. call-in information in the Agenda: The primary purpose of the Glen Canyon Dam Adaptive SUPPLEMENTARY INFORMATION section. meeting will be for the AMWG to Management Work Group Notice of FOR FURTHER INFORMATION CONTACT: Ms. discuss the Glen Canyon Dam Adaptive Public Meeting Katrina Grantz, Bureau of Reclamation, Management Budget and Workplan for telephone (801) 524–3635; facsimile Fiscal Year 2017 and the 2017 AGENCY: Bureau of Reclamation, (801) 524–3807; email at kgrantz@ hydrograph. There will also be updates Interior. usbr.gov. on: (1) The Long-Term Experimental
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and Management Plan Environmental INTERNATIONAL TRADE thereof. The complaint names as Impact Statement, and (2) current basin COMMISSION respondents Wilsonart LLC of Temple, hydrology. The AMWG will discuss TX; and Dorado Soapstone LLC of other administrative and resource issues Notice of Receipt of Complaint; Denver, CO. The complainant requests pertaining to the GCDAMP. To Solicitation of Comments Relating to that the Commission issue a general participate in the WebEx/conference the Public Interest exclusion order, a limited exclusion order, cease and desist orders and call, please use the following AGENCY: U.S. International Trade instructions: Commission. impose a bond upon respondents’ 1. Go to: This will need to be changed alleged infringing articles during the 60- ACTION: Notice. if the date/time changes https://ucbor- day Presidential review period pursuant events.webex.com/ucbor-events/ SUMMARY: Notice is hereby given that to 19 U.S.C. 1337(j). onstage/g.php?MTID= the U.S. International Trade Proposed respondents, other e41d62843c7f459f40c6daf75840d7a01. Commission has received a complaint interested parties, and members of the 2. If requested, enter your name and entitled Certain Quartz Slabs and public are invited to file comments, not email address. Portions Thereof DN 3139; the to exceed five (5) pages in length, 3. If a password is required, enter the Commission is soliciting comments on inclusive of attachments, on any public meeting password: AMWG. any public interest issues raised by the interest issues raised by the complaint 4. Click ‘‘Join Now’’. complaint or complainant’s filing under or section 210.8(b) filing. Comments Audio Conference Information: section 210.8(b) of the Commission’s should address whether issuance of the relief specifically requested by the • Phone Number: (877) 913–4721 Rules of Practice and Procedure (19 CFR • 210.8(b)). complainant in this investigation would Passcode: 3330168 affect the public health and welfare in • Event Number: 994 578 626 FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, the United States, competitive There will be limited ports available, U.S. International Trade Commission, conditions in the United States so if you wish to participate, please 500 E Street SW., Washington, DC economy, the production of like or contact Linda Whetton at (801) 524– 20436, telephone (202) 205–2000. The directly competitive articles in the 3880 to register. public version of the complaint can be United States, or United States To view a copy of the agenda and accessed on the Commission’s consumers. documents related to the above meeting, Electronic Document Information In particular, the Commission is please visit Reclamation’s Web site at: System (EDIS) at EDIS,1 and will be interested in comments that: http://www.usbr.gov/uc/rm/amp/amwg/ available for inspection during official (i) Explain how the articles mtgs/16may25/index.html. Time will be business hours (8:45 a.m. to 5:15 p.m.) potentially subject to the requested allowed for any individual or in the Office of the Secretary, U.S. remedial orders are used in the United organization wishing to make formal International Trade Commission, 500 E States; oral comments on the call. To allow for Street SW., Washington, DC 20436, (ii) identify any public health, safety, full consideration of information by the telephone (202) 205–2000. or welfare concerns in the United States AMWG members, written notice must General information concerning the relating to the requested remedial be provided to Katrina Grantz, Bureau of Commission may also be obtained by orders; Reclamation, Upper Colorado Regional accessing its Internet server at United (iii) identify like or directly Office, 125 South State Street, Room States International Trade Commission competitive articles that complainant, 8100, Salt Lake City, Utah, 84138; (USITC) at USITC.2 The public record its licensees, or third parties make in the telephone (801) 524–3635; facsimile for this investigation may be viewed on United States which could replace the (801) 524–3807; email at kgrantz@ the Commission’s Electronic Document subject articles if they were to be usbr.gov, at least five (5) days prior to Information System (EDIS) at EDIS.3 excluded; (iv) indicate whether complainant, the call. Any written comments received Hearing-impaired persons are advised complainant’s licensees, and/or third will be provided to the AMWG that information on this matter can be party suppliers have the capacity to members. obtained by contacting the replace the volume of articles Commission’s TDD terminal on (202) Public Disclosure of Comments potentially subject to the requested 205–1810. exclusion order and/or a cease and Before including your address, phone SUPPLEMENTARY INFORMATION: The number, email address, or other desist order within a commercially Commission has received a complaint reasonable time; and personal identifying information in your and a submission pursuant to section comment, you should be aware that (v) explain how the requested 210.8(b) of the Commission’s Rules of remedial orders would impact United your entire comment—including your Practice and Procedure filed on behalf personal identifying information—may States consumers. of Cambria Company LLC on April 14, Written submissions must be filed no be made publicly available at any time. 2016. The complaint alleges violations While you can ask us in your comment later than by close of business, eight of section 337 of the Tariff Act of 1930 calendar days after the date of to withhold your personal identifying (19 U.S.C. 1337) in the importation into information from public review, we publication of this notice in the Federal the United States, the sale for Register. There will be further cannot guarantee that we will be able to importation, and the sale within the do so. opportunities for comment on the United States after importation of public interest after the issuance of any Dated: March 24, 2016. certain quartz slabs and portions final initial determination in this Katrina Grantz, investigation. Chief, Adaptive Management Group, 1 Electronic Document Information System Persons filing written submissions Manager, Environmental Resources Division, (EDIS): http://edis.usitc.gov. 2 must file the original document Upper Colorado Regional Office. United States International Trade Commission (USITC): http://edis.usitc.gov. electronically on or before the deadlines [FR Doc. 2016–09234 Filed 4–20–16; 8:45 am] 3 Electronic Document Information System stated above and submit 8 true paper BILLING CODE 4332–90–P (EDIS): http://edis.usitc.gov. copies to the Office of the Secretary by
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noon the next day pursuant to section U.S. International Trade Commission, relief specifically requested by the 210.4(f) of the Commission’s Rules of 500 E Street SW., Washington, DC complainant in this investigation would Practice and Procedure (19 CFR 20436, telephone (202) 205–2000. The affect the public health and welfare in 210.4(f)). Submissions should refer to public version of the complaint can be the United States, competitive the docket number (‘‘Docket No. 3139’’) accessed on the Commission’s conditions in the United States in a prominent place on the cover page Electronic Document Information economy, the production of like or and/or the first page. (See Handbook for System (EDIS) at EDIS,1 and will be directly competitive articles in the Electronic Filing Procedures, Electronic available for inspection during official United States, or United States Filing Procedures 4). Persons with business hours (8:45 a.m. to 5:15 p.m.) consumers. questions regarding filing should in the Office of the Secretary, U.S. In particular, the Commission is contact the Secretary (202–205–2000). International Trade Commission, 500 E interested in comments that: Any person desiring to submit a Street SW., Washington, DC 20436, (i) Explain how the articles document to the Commission in telephone (202) 205–2000. potentially subject to the requested confidence must request confidential General information concerning the remedial orders are used in the United treatment. All such requests should be Commission may also be obtained by States; directed to the Secretary to the accessing its Internet server at United (ii) identify any public health, safety, Commission and must include a full States International Trade Commission or welfare concerns in the United States statement of the reasons why the (USITC) at USITC.2 The public record relating to the requested remedial Commission should grant such for this investigation may be viewed on orders; treatment. See 19 CFR 201.6. Documents the Commission’s Electronic Document (iii) identify like or directly for which confidential treatment by the Information System (EDIS) at EDIS.3 competitive articles that complainant, Commission is properly sought will be Hearing-impaired persons are advised its licensees, or third parties make in the treated accordingly. All nonconfidential that information on this matter can be United States which could replace the written submissions will be available for obtained by contacting the subject articles if they were to be public inspection at the Office of the Commission’s TDD terminal on (202) excluded; Secretary and on EDIS.5 205–1810. (iv) indicate whether complainant, This action is taken under the SUPPLEMENTARY INFORMATION: The complainant’s licensees, and/or third authority of section 337 of the Tariff Act Commission has received a complaint party suppliers have the capacity to of 1930, as amended (19 U.S.C. 1337), and a submission pursuant to section replace the volume of articles and of sections 201.10 and 210.8(c) of 210.8(b) of the Commission’s Rules of potentially subject to the requested the Commission’s Rules of Practice and Practice and Procedure filed on behalf exclusion order and/or a cease and Procedure (19 CFR 201.10, 210.8(c)). of Paice LLC and Abell Foundation, Inc. desist order within a commercially By order of the Commission. on April 15, 2016. The complaint reasonable time; and Issued: April 15, 2016. alleges violations of section 337 of the (v) explain how the requested Lisa R. Barton, Tariff Act of 1930 (19 U.S.C. 1337) in remedial orders would impact United Secretary to the Commission. the importation into the United States, States consumers. Written submissions must be filed no [FR Doc. 2016–09211 Filed 4–20–16; 8:45 am] the sale for importation, and the sale later than by close of business, eight BILLING CODE 7020–02–P within the United States after importation of certain hybrid electric calendar days after the date of vehicles and components thereof. The publication of this notice in the Federal INTERNATIONAL TRADE complaint names as respondents Register. There will be further COMMISSION Volkswagen AG of Germany; opportunities for comment on the Volkswagen Group of America, Inc. of public interest after the issuance of any Notice of Receipt of Complaint; Herndon, VA; Dr. Ing. H.C. F. Porsche final initial determination in this Solicitation of Comments Relating to AG of Germany; Porsche Cars North investigation. the Public Interest America, Inc. of Atlanta, GA; Audi AG Persons filing written submissions must file the original document AGENCY: U.S. International Trade of Germany; and Audi of America, LLC of Herndon, VA. The complainant electronically on or before the deadlines Commission. stated above and submit 8 true paper ACTION: Notice. requests that the Commission issue a limited exclusion order, cease and copies to the Office of the Secretary by SUMMARY: Notice is hereby given that desist orders and impose a bond upon noon the next day pursuant to section the U.S. International Trade respondents’ alleged infringing articles 210.4(f) of the Commission’s Rules of Commission has received a complaint during the 60-day Presidential review Practice and Procedure (19 CFR entitled Certain Hybrid Electric Vehicles period pursuant to 19 U.S.C. 1337(j). 210.4(f)). Submissions should refer to and Components Thereof DN 3141; the Proposed respondents, other the docket number (‘‘Docket No. 3141’’) Commission is soliciting comments on interested parties, and members of the in a prominent place on the cover page any public interest issues raised by the public are invited to file comments, not and/or the first page. (See Handbook for complaint or complainant’s filing under to exceed five (5) pages in length, Electronic Filing Procedures, Electronic 4 section 210.8(b) of the Commission’s inclusive of attachments, on any public Filing Procedures). Persons with Rules of Practice and Procedure (19 CFR interest issues raised by the complaint questions regarding filing should 210.8(b)). or section 210.8(b) filing. Comments contact the Secretary (202–205–2000). Any person desiring to submit a FOR FURTHER INFORMATION CONTACT: Lisa should address whether issuance of the R. Barton, Secretary to the Commission, document to the Commission in 1 Electronic Document Information System confidence must request confidential 4 Handbook for Electronic Filing Procedures: (EDIS): http://edis.usitc.gov. treatment. All such requests should be http://www.usitc.gov/secretary/fed_reg_notices/ 2 United States International Trade Commission rules/handbook_on_electronic_filing.pdf. (USITC): http://edis.usitc.gov. 4 Handbook for Electronic Filing Procedures: 5 Electronic Document Information System 3 Electronic Document Information System http://www.usitc.gov/secretary/fed_reg_notices/ (EDIS): http://edis.usitc.gov. (EDIS): http://edis.usitc.gov. rules/handbook_on_electronic_filing.pdf.
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directed to the Secretary to the will provide the advice requested by the information concerning the Commission Commission and must include a full USTR. may also be obtained by accessing its statement of the reasons why the DATES: Web site (http://www.usitc.gov). Persons Commission should grant such May 23, 2016: Deadline for filing with mobility impairments who will treatment. See 19 CFR 201.6. Documents requests to appear at the public hearing. need special assistance in gaining access for which confidential treatment by the May 25, 2016: Deadline for filing pre- to the Commission should contact the Commission is properly sought will be hearing briefs and statements. Office of the Secretary at 202–205–2000. treated accordingly. All nonconfidential June 9, 2016: Public hearing. Background: As noted by the USTR in written submissions will be available for June 14, 2016: Deadline for filing his request letter, on February 24, 2016, public inspection at the Office of the post-hearing briefs and statements. the President signed the Trade Secretary and on EDIS.5 June 24, 2016: Deadline for filing all Facilitation and Trade Enforcement Act This action is taken under the other written submissions. of 2015 (the Act) (Pub. L. 114–125) into authority of section 337 of the Tariff Act September 29, 2016: Transmittal of law. Section 915 of the Act authorizes of 1930, as amended (19 U.S.C. 1337), Commission report to the USTR. the President to establish a trade and of sections 201.10 and 210.8(c) of ADDRESSES: All Commission offices, preference program for Nepal. Prior to the Commission’s Rules of Practice and including the Commission’s hearing determining whether an article is an Procedure (19 CFR 201.10, 210.8(c)). rooms, are located in the United States eligible article for the purposes of the International Trade Commission By order of the Commission. Act, the President is required to receive Building, 500 E Street SW., Washington, Issued: April 15, 2016. the advice of the Commission, in DC. All written submissions should be accordance with section 503(e) of the Lisa R. Barton, addressed to the Secretary, United Trade Act of 1974 (the 1974 Act) (19 Secretary to the Commission. States International Trade Commission, U.S.C. 2463(e)), that the article is not [FR Doc. 2016–09223 Filed 4–20–16; 8:45 am] 500 E Street SW., Washington, DC import-sensitive in the context of BILLING CODE 7020–02–P 20436. The public record for this imports from Nepal. investigation may be viewed on the In his request letter the USTR notified Commission’s electronic docket (EDIS) the Commission, under authority INTERNATIONAL TRADE at http://www.usitc.gov/secretary/ delegated to him in accordance with COMMISSION edis.htm. sections 503(a)(1)(A), 503(e), and 131(a) FOR FURTHER INFORMATION CONTACT: of the 1974 Act, as amended (19 U.S.C. [Investigation No. 332–558] Information specific to this investigation 2463(a)(1)(A), 2463(e), and 2151(a)), that Nepal: Advice Concerning Whether may be obtained from Andrea Boron, the 66 eight-digit textile and apparel Certain Textile and Apparel Articles Project Leader, Office of Industries tariff lines identified in Table A of the Are Import Sensitive (202–205–3433 or andrea.boron@ Annex to his request letter are being usitc.gov), or Natalie Hanson, Deputy considered for designation as eligible AGENCY: United States International Project Leader, Office of Industries articles for purposes of the Act. The Trade Commission. (202–205–2571 or natalie.hanson@ USTR requested that the Commission ACTION: Notice of institution of usitc.gov). For information on the legal provide its advice as to whether these investigation and scheduling of public aspects of this investigation, contact articles are import-sensitive in the hearing. William Gearhart of the Commission’s context of imports from Nepal. He asked Office of the General Counsel (202–205– that this advice include the probable SUMMARY: Following receipt of a request 3091 or [email protected]). economic effect on total U.S. imports, on March 30, 2016 from the United The media should contact Margaret on U.S. industries producing like or States Trade Representative (USTR), the O’Laughlin, Office of External Relations directly competitive articles, and on U.S. International Trade Commission (202–205–1819 or margaret.olaughlin@ U.S. consumers of the elimination of (Commission) instituted investigation usitc.gov). Hearing-impaired individuals U.S. import duties for Nepal on the No. 332–558, Nepal: Advice Concerning may obtain information on this matter articles identified in Table A of the Whether Certain Textile and Apparel by contacting the Commission’s TDD Annex to his request letter (see Table A Articles Are Import Sensitive. The report terminal at 202–205–1810. General below).
TABLE A—PRODUCTS BEING CONSIDERED FOR DESIGNATION AS ELIGIBLE PRODUCTS FOR NEPAL
HTS subheading Brief description
4202.11.00 ...... Trunks, suitcases, vanity & all other cases, occupational luggage & like containers, surface of leather, composition or patent leather. 4202.12.20 ...... Trunks, suitcases, vanity and attache´ cases, occupational luggage and similar containers, with outer surface of plastics. 4202.12.40 ...... Trunks, suitcases, vanity & attache´ cases, occupational luggage & like containers, surfaces of cotton, not of pile or tufted con- struction. 4202.12.60 ...... Trunks, suitcases, vanity & attache´ cases, occupational luggage & like containers, w outer surface of veg. fibers, excl. cotton. 4202.12.80 ...... Trunks, suitcases, vanity & attache´ cases, occupational luggage and similar containers, with outer surface of textile materials nesi. 4202.21.60 ...... Handbags, with or without shoulder strap or without handle, with outer surface of leather, composition or patent leather, nesi, n/o $ ea. 4202.21.90 ...... Handbags, with or without shoulder strap or without handle, with outer surface of leather, composition or patent leather, nesi, over $ ea. 4202.22.15 ...... Handbags, with or without shoulder straps or without handle, with outer surface of sheeting of plastics.
5 Electronic Document Information System (EDIS): http://edis.usitc.gov.
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TABLE A—PRODUCTS BEING CONSIDERED FOR DESIGNATION AS ELIGIBLE PRODUCTS FOR NEPAL—Continued
HTS subheading Brief description
4202.22.40 ...... Handbags with or without shoulder strap or without handle, with outer surface of textile materials, wholly or in part of braid, nesi. 4202.22.45 ...... Handbags with or without shoulder strap or without handle, with outer surface of cotton, not of pile or tufted construction or braid. 4202.22.60 ...... Handbags with or w/o shoulder strap or w/o handle, outer surface of veg. fibers, exc. cotton, not of pile or tufted construction or braid. 4202.22.70 ...... Handbags with or w/o shoulder strap or w/o handle, with outer surface containing % or more of silk, not braided. 4202.22.80 ...... Handbags with or without shoulder strap or without handle, with outer surface of textile materials, nesi. 4202.29.50 ...... Handbags w. or w/o shld. strap or w/o handle of mat. (o/t leather, shtng. of plas., tex. mat., vul. fib. or paperbd.), pap.cov., of mat. nesi. 4202.29.90 ...... Handbags with or without shoulder straps or without handle, with outer surface of vulcanized fiber or of paperboard, not cov- ered with paper. 4202.31.60 ...... Articles of a kind normally carried in the pocket or handbag, with outer surface of leather, composition or patent leather, nesi. 4202.32.40 ...... Articles of a kind normally carried in the pocket or handbag, with outer surface of cotton, not of pile or tufted construction. 4202.32.80 ...... Articles of a kind normally carried in the pocket or handbag, with outer surface of vegetable fibers, not of pile or tufted con- struction, nesi. 4202.32.95 ...... Articles of a kind normally carried in the pocket or handbag, with outer surface of textile materials, nesi. 4202.91.00 ...... Cases, bags and containers nesi, with outer surface of leather, of composition leather or patent leather. 4202.92.08 ...... Insulated food or beverage bags with outer surface of textile materials, nesoi. 4202.92.15 ...... Travel, sports and similar bags with outer surface of cotton, not of pile or tufted construction. 4202.92.20 ...... Travel, sports and similar bags with outer surface of vegetable fibers, excl. cotton, not of pile construction. 4202.92.30 ...... Travel, sports and similar bags with outer surface of textile materials other than of vegetable fibers. 4202.92.45 ...... Travel, sports and similar bags with outer surface of plastic sheeting. 4202.92.60 ...... Bags, cases and similar containers, nesi, with outer surface of cotton. 4202.92.90 ...... Bags, cases and similar containers nesi, with outer surface of plastic sheeting or of textile materials, excl. cotton. 4202.99.90 ...... Cases, bags and similar containers, nesi, with outer surface of vulcanized fiber or of paperboard. 4203.29.50 ...... Gloves, mittens and mitts of leather or composition leather, nesi, lined, for persons other than men. 5701.10.90 ...... Carpets and other textile floor coverings, of wool or fine animal hair, not hand-hooked, not hand knotted during weaving. 5702.31.20 ...... Carpets and other textile floor coverings of pile construction, woven, not tufted or flocked, not made up, of wool/fine animal hair, nesoi. 5702.49.20 ...... Carpets & other textile floor coverings of pile construction, woven, not tufted or flocked, made up, of other textile materials nesoi. 5702.50.40 ...... Carpets & other textile floor coverings, not of pile construction, woven, not made up, of wool or fine animal hair, nesoi. 5702.50.59 ...... Carpets & other textile floor coverings, not of pile construction, woven, not made up, of other textile materials nesoi. 5702.91.30 ...... Floor coverings, not of pile construction, woven not on power-driven loom, made up, of wool or fine animal hair, nesi. 5702.91.40 ...... Carpets & other textile floor coverings, not of pile construction, woven nesoi, made up, of wool or fine animal hair, nesoi. 5702.92.90 ...... Carpet & other textile floor coverings, not of pile construction, woven, made up, of man-made textile materials, nesi. 5702.99.15 ...... Carpets and other textile floor coverings, not of pile construction, woven, made up, of cotton, nesoi. 5703.10.20 ...... Hand-hooked carpets and other textile floor coverings, tufted, whether or not made up, of wool or fine animal hair. 5703.10.80 ...... Carpets and other textile floor coverings, tufted, whether or not made up, of wool or fine animal hair, nesoi. 5703.90.00 ...... Carpets and other textile floor coverings, tufted, whether or not made up, of other textile materials nesoi. 5705.00.20 ...... Carpets and other textile floor coverings, whether or not made up, nesoi. 6117.10.60 ...... Shawls, scarves, mufflers, mantillas, veils and the like, nesoi. 6117.80.85 ...... Headbands, ponytail holders & similar articles, of textile materials other than containing % or more by weight of silk, knitted/ crocheted. 6214.10.10 ...... Shawls, scarves, mufflers, mantillas, veils and the like, not knitted or crocheted, containing % or more silk or silk waste. 6214.10.20 ...... Shawls, scarves, mufflers, mantillas, veils and the like, not knitted or crocheted, containing less than % silk or silk waste. 6214.20.00 ...... Shawls, scarves, mufflers, mantillas, veils and the like, not knitted or crocheted, of wool or fine animal hair. 6214.40.00 ...... Shawls, scarves, mufflers, mantillas, veils and the like, not knitted or crocheted, of artificial fibers. 6214.90.00 ...... Shawls, scarves, mufflers, mantillas, veils and the like, not knitted or crocheted, of textile materials nesoi. 6216.00.80 ...... Gloves, mittens and mitts, not knitted or crocheted, of wool or fine animal hair, nesoi. 6217.10.85 ...... Headbands, ponytail holders and similar articles, of textile materials containing < % by weight of silk, not knit/crochet. 6301.90.00 ...... Blankets and traveling rugs, nesoi. 6308.00.00 ...... Needlecraft sets for making up into rugs, etc., consist of woven fabric and yarn, whether/not w/accessories, put up packings for retail sale. 6504.00.90 ...... Hats and headgear, plaited or assembled from strips of any material (o/than veg. fibers/unspun fibrous veg. materials and/or paper yarn). 6505.00.08 ...... Hats and headgear made from hat forms and hat bodies of, except of fur felt. 6505.00.15 ...... Hats and headgear, of cotton and/or flax, knitted. 6505.00.20 ...... Headwear, of cotton, not knitted; certified hand-loomed and folklore hats & headgear, of cotton or flax, not knitted. 6505.00.25 ...... Hats and headgear, of cotton or flax, not knitted, not certified hand-loomed folklore goods. 6505.00.30 ...... Hats and headgear, of wool, knitted or crocheted or made up from knitted or crocheted fabric. 6505.00.40 ...... Hats and headgear, of wool, made up from felt or of textile material, not knitted or crocheted or made up from knitted or cro- cheted fabric. 6505.00.50 ...... Hats and headgear, of man-made fibers, knitted or crocheted or made up from knitted or crocheted fabric, wholly or in part of braid. 6505.00.60 ...... Hats and headgear, of man-made fibers, knitted or crocheted or made up from knitted or crocheted fabrics, not in part of braid. 6505.00.80 ...... Hats and headgear, of man-made fibers, made up from felt or of textile material, not knitted or crocheted, not in part of braid. 6505.00.90 ...... Hats and headgear, of textile materials (other than of cotton, flax, wool or man-made fibers), nesoi. 6506.99.30 ...... Headgear, nesoi, of furskin, whether or not lined or trimmed.
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TABLE A—PRODUCTS BEING CONSIDERED FOR DESIGNATION AS ELIGIBLE PRODUCTS FOR NEPAL—Continued
HTS subheading Brief description
6506.99.60 ...... Headgear (other than safety headgear), nesoi, of materials other than rubber, plastics, or furskins, whether or not lined or trimmed.
As requested, to the extent possible, submissions should be received not Appendix 3; or (ii) by U.S. government the Commission will provide its advice later than 5:15 p.m., June 24, 2016. All employees and contract personnel (a) and statistics separately and written submissions must conform to for cybersecurity purposes or (b) in individually for each U.S. Harmonized the provisions of section 201.8 of the monitoring user activity on U.S. Tariff Schedule subheading for all Commission’s Rules of Practice and government classified networks. The products subject to the request. The Procedure (19 CFR 201.8). Section 201.8 Commission will not otherwise disclose USTR indicated that those sections of and the Commission’s Handbook on any confidential business information in the Commission’s report and working Filing Procedures require that interested a manner that would reveal the papers that contain the Commission’s parties file documents electronically on operations of the firm supplying the advice and assessment will be classified or before the filing deadline and submit information. as ‘‘confidential.’’ The USTR also stated eight (8) true paper copies by 12:00 p.m. Summaries of Written Submissions: that his office considers the eastern time on the next business day. The Commission intends to publish Commission’s report to be an inter- In the event that confidential treatment summaries of the positions of interested agency memorandum that will contain of a document is requested, interested persons. Persons wishing to have a pre-decisional advice and be subject to parties must file, at the same time as the summary of their position included in the deliberative process privilege. eight paper copies, at least four (4) the report should include a summary The Commission has instituted the additional true paper copies in which with their written submission. The investigation under section 332(g) of the the confidential information must be summary may not exceed 500 words, Tariff Act of 1930 (19 U.S.C. 1332(g)) in deleted (see the following paragraph for should be in MSWord format or a format order to facilitate the filing and further information regarding that can be easily converted to MSWord, inspection of written submissions and confidential business information). and should not include any confidential also to make the report a part of an Persons with questions regarding business information. The summary will established Commission reporting electronic filing should contact the be published as provided if it meets series. As requested by the USTR, the Office of the Secretary, Docket Services these requirements and is germane to Commission will provide its report to Division (202–205–1802). the subject matter of the investigation. the USTR containing the requested Any submissions that contain The Commission will identify the name advice by September 29, 2016. The confidential business information must of the organization furnishing the USTR asked that the Commission issue also conform to the requirements of summary and will include a link to the a public version of the report as soon as section 201.6 of the Commission’s Rules Commission’s Electronic Document possible thereafter, containing only the of Practice and Procedure (19 CFR Information System (EDIS) where the unclassified information, with any 201.6). Section 201.6 of the rules full written submission can be found. confidential business information requires that the cover of the document deleted. and the individual pages be clearly By order of the Commission. Public Hearing: A public hearing in marked as to whether they are the Issued: April 15, 2016. connection with this investigation will ‘‘confidential’’ or ‘‘non-confidential’’ Lisa R. Barton, be held at the U.S. International Trade version, and that the confidential Secretary to the Commission. Commission Building, 500 E Street SW., business information is clearly [FR Doc. 2016–09182 Filed 4–20–16; 8:45 am] Washington, DC, beginning at 9:30 a.m. identified by means of brackets. All BILLING CODE 7020–02–P on Thursday June 9, 2016. Requests to written submissions, except for appear at the public hearing should be confidential business information, will filed with the Secretary no later than be made available for inspection by INTERNATIONAL TRADE 5:15 p.m., May 23, 2016. All pre-hearing interested parties. COMMISSION briefs and statements should be filed no Disclosure of Confidential Business later than 5:15 p.m., May 25, 2016; and Information: The Commission may Notice of Receipt of Complaint; all post-hearing briefs and statements include some or all of the confidential Solicitation of Comments Relating to should be filed no later than 5:15 p.m., business information submitted in the the Public Interest June 14, 2016. All requests to appear, course of this investigation in the report AGENCY: U.S. International Trade and pre- and post-hearing briefs and it sends to the USTR. Additionally, all Commission. statements should be filed by the above information, including confidential ACTION: Notice. dates but otherwise in accordance with business information, submitted in this the requirements of the ‘‘written investigation may be disclosed to and SUMMARY: Notice is hereby given that submissions’’ section below. used: (i) By the Commission, its the U.S. International Trade Written Submissions: In lieu of or in employees and Offices, and contract Commission has received a complaint addition to appearing at the hearing, personnel (a) for developing or entitled Certain Sleep-Disordered interested parties are invited to file maintaining the records of this or a Breathing Treatment Systems and written submissions concerning this related proceeding, or (b) in internal Components Thereof DN 3140; the investigation. All written submissions investigations, audits, reviews, and Commission is soliciting comments on should be addressed to the Secretary. evaluations relating to the programs, any public interest issues raised by the Except for requests to appear and pre- personnel, and operations of the complaint or complainant’s filing under and post-hearing briefs, all written Commission including under 5 U.S.C. section 210.8(b) of the Commission’s
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Rules of Practice and Procedure (19 CFR should address whether issuance of the treatment. All such requests should be 210.8(b)). relief specifically requested by the directed to the Secretary to the FOR FURTHER INFORMATION CONTACT: Lisa complainant in this investigation would Commission and must include a full R. Barton, Secretary to the Commission, affect the public health and welfare in statement of the reasons why the U.S. International Trade Commission, the United States, competitive Commission should grant such 500 E Street SW., Washington, DC conditions in the United States treatment. See 19 CFR 201.6. Documents 20436, telephone (202) 205–2000. The economy, the production of like or for which confidential treatment by the public version of the complaint can be directly competitive articles in the Commission is properly sought will be accessed on the Commission’s United States, or United States treated accordingly. All nonconfidential Electronic Document Information consumers. written submissions will be available for System (EDIS) at EDIS,1 and will be In particular, the Commission is public inspection at the Office of the available for inspection during official interested in comments that: Secretary and on EDIS.5 business hours (8:45 a.m. to 5:15 p.m.) (i) Explain how the articles This action is taken under the in the Office of the Secretary, U.S. potentially subject to the requested authority of section 337 of the Tariff Act International Trade Commission, 500 E remedial orders are used in the United of 1930, as amended (19 U.S.C. 1337), Street SW., Washington, DC 20436, States; and of sections 201.10 and 210.8(c) of telephone (202) 205–2000. (ii) identify any public health, safety, the Commission’s Rules of Practice and General information concerning the or welfare concerns in the United States Procedure (19 CFR 201.10, 210.8(c)). Commission may also be obtained by relating to the requested remedial By order of the Commission. accessing its Internet server at United orders; Issued: April 15, 2016. States International Trade Commission (iii) identify like or directly Lisa R. Barton, 2 competitive articles that complainant, (USITC) at USITC. The public record Secretary to the Commission. its licensees, or third parties make in the for this investigation may be viewed on [FR Doc. 2016–09212 Filed 4–20–16; 8:45 am] the Commission’s Electronic Document United States which could replace the BILLING CODE 7020–02–P Information System (EDIS) at EDIS.3 subject articles if they were to be Hearing-impaired persons are advised excluded; that information on this matter can be (iv) indicate whether complainant, DEPARTMENT OF JUSTICE obtained by contacting the complainant’s licensees, and/or third party suppliers have the capacity to Commission’s TDD terminal on (202) Drug Enforcement Administration 205–1810. replace the volume of articles SUPPLEMENTARY INFORMATION: The potentially subject to the requested Ibem R. Borges, M.D.; Decision and Commission has received a complaint exclusion order and/or a cease and Order and a submission pursuant to section desist order within a commercially On October 14, 2015, the Deputy 210.8(b) of the Commission’s Rules of reasonable time; and Assistant Administrator, Office of Practice and Procedure filed on behalf (v) explain how the requested Diversion Control, Drug Enforcement of ResMed Corp; ResMed Inc. and remedial orders would impact United States consumers. Administration (DEA), issued an Order ResMed Ltd. on April 14, 2016. The to Show Cause to Ibem R. Borges, M.D. complaint alleges violations of section Written submissions must be filed no later than by close of business, eight (Respondent), of Orlando, Florida. GX 1. 337 of the Tariff Act of 1930 (19 U.S.C. The Show Cause Order proposed the 1337) in the importation into the United calendar days after the date of publication of this notice in the Federal revocation of Respondent’s DEA States, the sale for importation, and the Certificate of Registration BB3166053, sale within the United States after Register. There will be further opportunities for comment on the pursuant to which he is authorized to importation of certain sleep-disordered dispense controlled substances in breathing treatment systems and public interest after the issuance of any final initial determination in this schedules II though V as a practitioner, components thereof. The complaint and the denial of any application to names as respondents BMC Medical Co., investigation. Persons filing written submissions renew or modify this registration, as Ltd. of China; 3B Medical, Inc. of Lake must file the original document well as any application for any other Wales, FL; and 3B Products, L.L.C. of electronically on or before the deadlines DEA registration, on the ground that Lake Wales, FL. The complainant stated above and submit 8 true paper Respondent does ‘‘not have authority to requests that the Commission issue a copies to the Office of the Secretary by handle controlled substances in Florida, limited exclusion order, cease and noon the next day pursuant to section the State in which [he is] registered with desist orders and impose a bond upon 210.4(f) of the Commission’s Rules of the DEA.’’ Id. at 1. respondents’ alleged infringing articles Practice and Procedure (19 CFR The Show Cause Order specifically during the 60-day Presidential review 210.4(f)). Submissions should refer to alleged that effective November 8, 2013, period pursuant to 19 U.S.C. 1337(j). the docket number (‘‘Docket No. 3140’’) the Florida Department of Health issued Proposed respondents, other an ‘‘Order of Emergency Restriction of interested parties, and members of the in a prominent place on the cover page and/or the first page. (See Handbook for License’’ to Respondent, which public are invited to file comments, not prohibits him from prescribing to exceed five (5) pages in length, Electronic Filing Procedures, Electronic 4 controlled substances in schedules II inclusive of attachments, on any public Filing Procedures ). Persons with questions regarding filing should through IV. Id. The Show Cause Order interest issues raised by the complaint also alleged that Respondent ‘‘do[es] not or section 210.8(b) filing. Comments contact the Secretary (202–205–2000). Any person desiring to submit a have a Florida dispensing license, which is an additional license required 1 Electronic Document Information System document to the Commission in (EDIS): http://edis.usitc.gov. confidence must request confidential [by the State] before a physician is 2 United States International Trade Commission authorized to order and directly (USITC): http://edis.usitc.gov. 4 Handbook for Electronic Filing Procedures: 3 Electronic Document Information System http://www.usitc.gov/secretary/fed_reg_notices/ 5 Electronic Document Information System (EDIS): http://edis.usitc.gov. rules/handbook_on_electronic_filing.pdf. (EDIS): http://edis.usitc.gov.
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dispense or administer controlled Findings schedules II, III, or IV of Fla. Stat. substances.’’ Id. The Show Cause Order § 893.03 remains in effect.3 thus alleged that Respondent ‘‘do[es] Respondent is the holder of DEA Based on the above, I find that the not have authority in Florida to order, Certificate of Registration BB3166053, only authority Respondent currently dispense, prescribe or administer any pursuant to which he is authorized to possesses under Florida law is the controlled substances in Schedules II dispense controlled substances in authority to prescribe controlled through IV,’’ and that the Agency ‘‘must schedules II through V, at the registered substances in schedule V. revoke [his] DEA registrations [sic] address of Pain Free Clinic & More, In his written statement of position, based upon [his] lack of authority to 1800 W. Oakridge Rd., Orlando, Florida. Respondent does not dispute this. handle controlled substances in the GX 2. Respondent’s registration does not Indeed, he ‘‘recognizes that his DEA State of Florida for Schedules II through expire until July 31, 2016. Id. registration for the prescription of IV.’’ Id. (citing 21 U.S.C. 802(21), 823(f) On November 8, 2013, the Florida [s]chedules II, III, and IV [c]ontrolled [s]ubstances is subject to revocation in and 824(a)(3)). Department of Health (DOH) issued an the immediate future.’’ GX 5, at 1. The Show Cause Order also notified Order of Emergency Restriction of However, he ‘‘reserves his right to Respondent of his right to request a License (Order) to Respondent. The prescribe [s]chedule V [c]ontrolled hearing on the allegations or to submit Order restricted Respondent’s medical a written statement in lieu of a hearing, [s]ubstances.’’ Id. He further requests license by prohibiting him from that he be ‘‘permitted to retain and the procedure for electing either option, prescribing any medications listed in and the consequence for failing to elect renew his basic DEA registration and his schedules II, III or IV, as set forth in ability to prescribe Class V either option. Id. at 2 (citing 21 CFR 1 section 893.03 of the Florida Statutes. pharmaceuticals as this would permit 1301.43). GX 8, at 28. In its Order, the DOH found On October 22, 2015, a DEA Diversion him to renew or expand the scope of his that Respondent: (1) ‘‘prescribed, prescribing should he be acquitted of Investigator (DI) served the Order to dispensed, administered, mixed or the pending criminal charges and Show Cause by certified mail, return otherwise prepared a legend drug, other otherwise fulfil [sic] the DEA receipt requested, addressed to than in the course of his professional requirements for registration.’’ GX 5, at Respondent at his personal residence. practice’’ to an undercover officer, by 1. GX 3, at 1 (Declaration of DI). On excessively and inappropriately In addition to the foregoing, I take November 6, 2015, the DI received back prescribing controlled substances; (2) official notice that court records from the USPS return receipt card; however, ‘‘failed to keep legible medical records the Osceola County Circuit Court while the card bore Respondent’s that justif[ied] the course of treatment indicate that Respondent has been signature, it was dated ‘‘2/29/15.’’ Id.; of’’ the undercover officer, by ‘‘[f]ailing charged with racketeering, conspiracy to see also GX 4, at 1. The DI then obtained to document a complete medical engage in racketeering, three counts of the USPS tracking record for the history; and/or . . . [f]ailing to trafficking oxycodone, and delivery, which revealed that the Show document a complete physical manslaughter, and faces a jury trial on Cause Order was delivered on October examination results’’; and (3) ‘‘failed to June 6, 2016. 29, 2015. GX 3, at 1; GX 4, at 2. comply with the applicable standards Discussion On November 9, 2015, the DEA Office for the use of controlled substances for of Administrative Law Judges received a pain control.’’ GX 8, at 23–27 (citing Fla. Pursuant to 21 U.S.C. 824(a)(3), the letter from an attorney stating that he Stat. §§ 458.331(1)(q); 458.331(1)(m); Attorney General is authorized to represented Respondent; the letter was 458.331(1)(nn) (2012–2013); Fla. suspend or revoke a registration issued addressed to the Deputy Assistant Admin. Code. r. 64B8–9.013(3)). under section 823, ‘‘upon a finding that Administrator, care of the Hearing the registrant . . . has had his State Clerk, and used the mailing address of Under Florida law, physicians are license . . . suspended [or] revoked the Office of Administrative Law Judges. required to be registered as ‘‘a . . . by competent State authority and is GXs 5 and 6. Thereafter, the Chief dispensing practitioner’’ in order to no longer authorized by State law to Administrative Law Judge (CALJ) sent a directly dispense a controlled engage in the . . . dispensing of letter to Respondent’s attorney stating substance.2 Fla. Stat. § 465.0276. The controlled substances.’’ Moreover, that because the latter had not requested record includes a letter from the Florida Congress has defined ‘‘the term a hearing, his Office was not authorized Department of Health which states that ‘practitioner’ [to] mean[] a . . . to take any further action. GX 6. Respondent is not registered as a physician . . . or other person licensed, The Government subsequently filed a dispensing practitioner. GX 9. registered or otherwise permitted, by Request for Final Agency Action along A review of the Department of Health . . . the jurisdiction in which he with various documents submitted as Web site shows that while Respondent’s practices . . . to distribute, dispense, the Investigative Record, including the license is in an active status, the [or] administer . . . a controlled letter from Respondent’s attorney. Based emergency prohibition against his substance in the course of professional on Respondent’s failure to request a prescribing of any medications listed in hearing in his letter, I find that 3 Under the Administrative Procedure Act (APA), an agency ‘‘may take official notice of facts at any Respondent has waived his right to a 1 The factual basis of the DOH’s Order was stage in a proceeding—even in the final decision.’’ hearing on the allegations of the Show Respondent’s prescribing of oxycodone 30 mg and U.S. Dept. of Justice, Attorney General’s Manual on Cause Order. 21 CFR 1301.43(d). morphine sulfate 30 mg to an undercover officer on the Administrative Procedure Act 80 (1947) (Wm. However, I have treated the letter of multiple occasions, ignoring ‘‘the most basic W. Gaunt & Sons, Inc., Reprint 1979). In accordance standards for the use of controlled substances for with the APA and DEA’s regulations, Respondent Respondent’s Counsel as his written the treatment of pain as directed by the Board of is ‘‘entitled on timely request to an opportunity to statement of position and made it a part Medicine’s written standards found in Rule 64B8– show to the contrary.’’ 5 U.S.C. 556(e); see also 21 of the record. Id. § 1301.43(c). Having 9.013 [of] the Florida Administrative Code.’’ GX 8, CFR 1316.59(e). To allow Respondent the considered the entire record, I issue this at 18 (int. quotations omitted). opportunity to refute the facts of which I take 2 This provision, however, prohibits even a official notice, Respondent may file a motion for Decision and Final Order, id. properly registered practitioner from dispensing a reconsideration within ten calendar days of service § 1301.43(e), and make the following schedule II or III controlled substance except for in of this order which shall commence on the date this findings of fact. limited situations. Fla. Stat. 465.027(1)(b). order is mailed.
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practice.’’ 21 U.S.C. 802(21). Likewise, that Respondent’s registration shall be Dated: April 5, 2016. the CSA conditions the granting of a restricted to prohibit him from Chuck Rosenberg, practitioner’s application on his/her dispensing controlled substances in Acting Administrator. possession of authority to dispense schedules II through IV and to authorize [FR Doc. 2016–09274 Filed 4–20–16; 8:45 am] controlled substances under state law. only the prescribing of schedule V BILLING CODE 4410–09–P See 21 U.S.C. 823(f) (‘‘The Attorney controlled substances. General shall register practitioners . . . The conduct giving rise to the to dispense . . . controlled substances criminal charges for racketeering EXECUTIVE OFFICE OF THE . . . if the applicant is authorized to activity, unlawful distribution of PRESIDENT dispense . . . controlled substances controlled prescription drugs, and under the laws of the State in which he Office of National Drug Control Policy practices.’’). Of further note, the CSA manslaughter related to drug overdose deaths could serve as the basis for a defines the term ‘‘dispense’’ as meaning Designation of Two Counties as High request for total revocation based on ‘‘to deliver a controlled substance to an Intensity Drug Trafficking Areas ultimate user . . . by, or pursuant to the public interest grounds (or, in the event lawful order of, a practitioner.’’ Id. of a conviction, based upon a conviction AGENCY: Office of National Drug Control § 802(10) (emphasis added). of a felony related to controlled Policy, Executive Office of the Thus, the Agency has repeatedly held substances). 21 U.S.C. 824(a)(2) and (4). President. that the possession of authority to The Order to Show Cause before me is ACTION: Notice of HIDTA Designations. dispense controlled substances under based solely upon Respondent’s lack of the laws of the State in which a state authority to handle certain SUMMARY: The Director of the Office of practitioner engages in professional controlled substances. This Order is National Drug Control Policy designated practice is a fundamental condition for constrained by the basis set forth in the two additional counties as High obtaining and maintaining a Order to Show Cause, and I will only Intensity Drug Trafficking Areas practitioner’s registration. See, e.g., consider Respondent’s alleged criminal (HIDTA) pursuant to 21 U.S.C. 1706. James L. Hooper, 76 FR 71371 (2011), conduct if and when he is served with The new counties are Austin and pet. for rev. denied, 481 Fed Appx. 826 an Order to Show Cause why his Walker Counties in Texas as part of the (4th Cir. 2012). And because a registration should not be revoked in Houston HIDTA. practitioner’s authority under the CSA total based on public interest grounds, FOR FURTHER INFORMATION CONTACT: is based on his/her authority to dispense and he is given the opportunity to Questions regarding this notice should controlled substances under the laws of address that allegation. be directed to Michael K. Gottlieb, the State in which he practices, the Associate Director, Programs Office, Agency has further held that ‘‘to the Order Office of National Drug Control Policy, extent a practitioner is not authorized Pursuant to the authority vested in me Executive Office of the President, under state law to dispense certain by 21 U.S.C. 824(a), as well as 28 CFR Washington, DC 20503; (202) 395–4868. categories or schedules of controlled 0.100(b), I order that DEA Certificate of Dated: March 23, 2016. substances, he can no longer lawfully Registration BB3166053, issued to Ibem dispense them under federal law.’’ Michael Passante, R. Borges, M.D., be, and it hereby is, Kenneth Harold Bull, 78 FR 62666, Deputy General Counsel. 62672 (2013). restricted to prohibit the dispensing of [FR Doc. 2016–09230 Filed 4–20–16; 8:45 am] controlled substance in schedules II In Bull, a case in which the BILLING CODE 3280–F5–P practitioner’s state board had prohibited through IV and to authorize only the him from prescribing narcotics, the prescribing of controlled substances in schedule V of the Controlled Substances Agency explained that ‘‘where a state NATIONAL SCIENCE FOUNDATION board takes such action, at a minimum, Act (21 CFR 1308.15). This Order is a practitioner’s CSA registration must be effective immediately. Notice of Permit Applications Received limited to authorize the dispensing of Under the Antarctic Conservation Act only those controlled substances, which Controlled Substances: Rescheduling of of 1978 he can lawfully dispense under state Buprenorphine From Schedule V to Schedule III, 67 FR 62354 (2002) (final rule). Thus, this Agency has AGENCY: National Science Foundation. law.’’ Id. at 62672. Here, the Florida determined that the drug ‘‘has a potential for abuse Department of Health has suspended less than the drugs or other substances in schedules ACTION: Notice of Permit Applications Respondent’s authority to prescribe any I and II,’’ that it ‘‘has a currently accepted medical Received under the Antarctic medications listed in schedules II, III, or use in treatment in the United States,’’ and most Conservation Act of 1978, Public Law importantly, that ‘‘[a]buse of the drug . . . may lead 95–541. IV of the Florida schedules of controlled to moderate or low physical dependence or high substances, and under Florida law, psychological dependence.’’ 21 U.S.C. 812(b)(3); see SUMMARY: The National Science Respondent is limited to prescribing also 67 FR at 62367. Foundation (NSF) is required to publish only those controlled substances in Notably, Florida has adopted the same criteria for placing a drug in its schedule III as the CSA uses, a notice of permit applications received schedule V.4 Accordingly, I will order see Fla. Stat. 893.03(3), and the State has to conduct activities regulated under the determined that Respondent’s ‘‘continued, 4 Have reviewed the schedules of controlled unrestricted practice of medicine poses an Antarctic Conservation Act of 1978. substances under Florida law, I conclude that they immediate serious danger to the public health, NSF has published regulations under are coterminous with those of the CSA with the safety or welfare,’’ and concluded, inter alia, that the Antarctic Conservation Act at Title exception of buprenorphine, which under Florida he cannot safely prescribe controlled substances in 45 Part 670 of the Code of Federal law, is a schedule V controlled substance. While schedule III. GX 8, at 20; see also id. at 28. I buprenorphine was formerly a schedule V drug therefore hold that notwithstanding that Regulations. This is the required notice under the CSA, in 2002, the drug was placed in buprenorphine remains a schedule V drug under of permit applications received. schedule III following the Department of Health and Florida law and that the scope of his federal DATES: Interested parties are invited to Human Services’ reevaluation of the drug’s ‘‘abuse authority derives from his authority under state potential and dependence profile in light of law, the placement of the drug in schedule III of the submit written data, comments, or numerous scientific studies and years of human CSA precludes him from lawfully prescribing the views with respect to this permit experience with [the] drug.’’ Schedules of drug under his DEA registration. application by May 23, 2016. This
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application may be inspected by NUCLEAR REGULATORY from the Web site cited above or by interested parties at the Permit Office, COMMISSION contacting the identified DFO. address below. Moreover, in view of the possibility that Advisory Committee on Reactor the schedule for ACRS meetings may be ADDRESSES: Comments should be Safeguards (ACRS) Meeting of the addressed to Permit Office, Room 755, adjusted by the Chairman as necessary ACRS Subcommittee on Reliability and to facilitate the conduct of the meeting, Division of Polar Programs, National PRA; Notice of Meeting Science Foundation, 4201 Wilson persons planning to attend should check with these references if such Boulevard, Arlington, Virginia 22230. The ACRS Subcommittee on rescheduling would result in a major Reliability and PRA will hold a meeting FOR FURTHER INFORMATION CONTACT: inconvenience. on May 4, 2016, Room T–2B1, 11545 Nature McGinn, ACA Permit Officer, at If attending this meeting, please enter Rockville Pike, Rockville, Maryland. the above address or ACApermits@ through the One White Flint North nsf.gov. The meeting will be open to public attendance. building, 11555 Rockville Pike, Rockville, Maryland. After registering SUPPLEMENTARY INFORMATION: The The agenda for the subject meeting with security, please contact Mr. Theron National Science Foundation, as shall be as follows: Brown (Telephone 240–888–9835) to be directed by the Antarctic Conservation Wednesday, May 4, 2016—8:30 a.m. escorted to the meeting room. Act of 1978 (Pub. L. 95–541), as Until 12:00 p.m. amended by the Antarctic Science, Dated: April 12, 2016. Tourism and Conservation Act of 1996, The Subcommittee will discuss the Mark L. Banks, has developed regulations for the draft guidance for human reliability Chief, Technical Support Branch, Advisory establishment of a permit system for analysis and probabilistic risk Committee on Reactor Safeguards. various activities in Antarctica and assessment on treatment of scenarios [FR Doc. 2016–09254 Filed 4–20–16; 8:45 am] designation of certain animals and that require main control room BILLING CODE 7590–01–P certain geographic areas a requiring abandonment in response to a fire event. special protection. The regulations The Subcommittee will hear establish such a permit system to presentations by and hold discussions POSTAL REGULATORY COMMISSION designate Antarctic Specially Protected with the NRC staff and interested Areas. persons regarding this matter. The [Docket Nos. MC2016–121 and CP2016–154; Subcommittee will gather information, Order No. 3244] Application Details analyze relevant issues and facts, and New Postal Product Permit Application: 2017–001 formulate proposed positions and actions, as appropriate, for deliberation AGENCY: Postal Regulatory Commission. 1. Applicant: Kristin M. O’Brien, by the Full Committee. ACTION: Notice. Institute of Arctic Biology, P.O. Box Members of the public desiring to 757000, Fairbanks, AK 99775–7000. provide oral statements and/or written SUMMARY: The Commission is noticing a Activity for Which Permit Is Requested comments should notify the Designated recent Postal Service filing concerning Federal Official (DFO), John Lai the addition of Priority Mail Contract ASPA Entry. This applicant will fish (Telephone 301–415–5197 or Email: 206 to the competitive product list. This using benthic trawls and fish traps/pots [email protected]) five days prior to the notice informs the public of the filing, in the Antarctic Peninsula area for meeting, if possible, so that appropriate invites public comment, and takes other capturing specimens to support studies arrangements can be made. Thirty-five administrative steps. of the physiology and biochemistry of hard copies of each presentation or DATES: Comments are due: April 25, Antarctic fishes with an emphasis on handout should be provided to the DFO 2016. Channichthyid fishes. Collection of thirty minutes before the meeting. In specimens will be carried out aboard the addition, one electronic copy of each ADDRESSES: Submit comments ARSV Laurence M. Gould and live presentation should be emailed to the electronically via the Commission’s specimens will be transported to DFO one day before the meeting. If an Filing Online system at http:// aquarium facilities at Palmer Station for electronic copy cannot be provided www.prc.gov. Those who cannot submit research purposes. Benthic Otter within this timeframe, presenters comments electronically should contact trawling will be restricted to areas with should provide the DFO with a CD the person identified in the FOR FURTHER smooth bottom surfaces. The applicant containing each presentation at least INFORMATION CONTACT section by plans to collect a total of 200–300 fish thirty minutes before the meeting. telephone for advice on filing specimens from about 15 species. Tissue Electronic recordings will be permitted alternatives. samples will be transported to the home only during those portions of the FOR FURTHER INFORMATION CONTACT: institution. meeting that are open to the public. David A. Trissell, General Counsel, at Detailed procedures for the conduct of Location 202–789–6820. and participation in ACRS meetings SUPPLEMENTARY INFORMATION: APSA 152, Western Bransfield Strait; were published in the Federal Register ASPA 153 Eastern Dallmann Bay. on October 21, 2015 (80 FR 63846). Table of Contents Detailed meeting agendas and meeting Dates I. Introduction transcripts are available on the NRC II. Notice of Commission Action March 1–August 30, 2017. Web site at http://www.nrc.gov/reading- III. Ordering Paragraphs rm/doc-collections/acrs. Information Nadene G. Kennedy, regarding topics to be discussed, I. Introduction Polar Coordination Specialist, Division of changes to the agenda, whether the In accordance with 39 U.S.C. 3642 Polar Programs. meeting has been canceled or and 39 CFR 3020.30-.35, the Postal [FR Doc. 2016–09250 Filed 4–20–16; 8:45 am] rescheduled, and the time allotted to Service filed a formal request and BILLING CODE 7555–01–P present oral statements can be obtained associated supporting information to
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add Priority Mail Contract 206 to the POSTAL REGULATORY COMMISSION The Postal Service intends for the competitive product list.1 Modification to become effective May 1, The Postal Service [Docket Nos. CP2015–125; Order No. 3243] 2016. Id. The Postal Service asserts that contemporaneously filed a redacted the Modification will not impair the New Postal Product contract related to the proposed new ability of the contract to comply with 39 product under 39 U.S.C. 3632(b)(3) and AGENCY: Postal Regulatory Commission. U.S.C. 3633. Id. Attachment 2 at 1. 39 CFR 3015.5. Request, Attachment B. ACTION: Notice. II. Notice of Filing To support its Request, the Postal Service filed a copy of the contract, a SUMMARY: The Commission is noticing a The Commission invites comments on copy of the Governors’ Decision recent Postal Service filing concerning a whether the changes presented in the authorizing the product, proposed modification to an existing Global Postal Service’s Notice are consistent changes to the Mail Classification Expedited Package Services 3 negotiated with the policies of 39 U.S.C. 3632, Schedule, a Statement of Supporting service agreement. This notice informs 3633, or 3642, 39 CFR 3015.5, and 39 Justification, a certification of the public of the filing, invites public CFR part 3020, subpart B. Comments are compliance with 39 U.S.C. 3633(a), and comment, and takes other due no later than April 25, 2016. The an application for non-public treatment administrative steps. public portions of these filings can be accessed via the Commission’s Web site of certain materials. It also filed DATES: Comments are due: April 25, (http://www.prc.gov). supporting financial workpapers. 2016. The Commission appoints Curtis E. II. Notice of Commission Action ADDRESSES: Submit comments Kidd to represent the interests of the The Commission establishes Docket electronically via the Commission’s general public (Public Representative) Nos. MC2016–121 and CP2016–154 to Filing Online system at http:// in this docket. www.prc.gov. Those who cannot submit consider the Request pertaining to the III. Ordering Paragraphs proposed Priority Mail Contract 206 comments electronically should contact product and the related contract, the person identified in the FOR FURTHER It is ordered: respectively. INFORMATION CONTACT section by 1. The Commission reopens Docket The Commission invites comments on telephone for advice on filing No. CP2015–125 for consideration of whether the Postal Service’s filings in alternatives. matters raised by the Postal Service’s Notice. the captioned dockets are consistent FOR FURTHER INFORMATION CONTACT: 2. Pursuant to 39 U.S.C. 505, the with the policies of 39 U.S.C. 3632, David A. Trissell, General Counsel, at Commission appoints Curtis E. Kidd to 3633, or 3642, 39 CFR part 3015, and 39 202–789–6820. serve as an officer of the Commission CFR part 3020, subpart B. Comments are SUPPLEMENTARY INFORMATION: (Public Representative) to represent the due no later than April 25, 2016. The interests of the general public in this public portions of these filings can be Table of Contents proceeding. accessed via the Commission’s Web site I. Introduction 3. Comments are due no later than (http://www.prc.gov). II. Notice of Filing April 25, 2016. III. Ordering Paragraphs The Commission appoints Natalie R. 4. The Secretary shall arrange for Ward to serve as Public Representative I. Introduction publication of this order in the Federal in these dockets. On April 14, 2016, the Postal Service Register. III. Ordering Paragraphs filed notice that it has agreed to a By the Commission. It is ordered: modification to the existing Global Stacy L. Ruble, 1. The Commission establishes Docket Expedited Package Services 3 negotiated Secretary. Nos. MC2016–121 and CP2016–154 to service agreement approved in this [FR Doc. 2016–09240 Filed 4–20–16; 8:45 am] 1 consider the matters raised in each docket. In support of its Notice, the BILLING CODE 7710–FW–P docket. Postal Service includes a redacted copy 2. Pursuant to 39 U.S.C. 505, Natalie of the Modification and a certification of R. Ward is appointed to serve as an compliance with 39 U.S.C. 3633(a), as POSTAL REGULATORY COMMISSION required by 39 CFR 3015.5. officer of the Commission to represent [Docket Nos. CP2016–151; Order No. 3240] the interests of the general public in The Postal Service also filed the these proceedings (Public unredacted Modification, the New Postal Product Representative). unredacted certification, and the 3. Comments are due no later than supporting financial information under AGENCY: Postal Regulatory Commission. April 25, 2016. seal. The Postal Service seeks to ACTION: Notice. 4. The Secretary shall arrange for incorporate by reference the Application SUMMARY: The Commission is noticing a publication of this order in the Federal for Non-Public Treatment originally recent Postal Service filing concerning Register. filed in this docket for the protection of information that it has filed under seal. notice to enter into an additional Global By the Commission. Notice at 1–2. Expedited Package Services 3 negotiated Stacy L. Ruble, The Modification allows the customer service agreement. This notice informs Secretary. to make use of Priority Mail Express the public of the filing, invites public [FR Doc. 2016–09278 Filed 4–20–16; 8:45 am] International service and amends Annex comment, and takes other BILLING CODE 7710–FW–P 1 of the agreement. Id. at 1. administrative steps. DATES: Comments are due: April 22, 1 Request of the United States Postal Service to 1 Notice of the United States Postal Service of 2016. Add Priority Mail Contract 206 to Competitive Filing Modification One to Global Expedited ADDRESSES: Product List and Notice of Filing (Under Seal) of Package Services 3 Negotiated Service Agreement, Submit comments Unredacted Governors’ Decision, Contract, and April 14, 2016 (Notice). The modification is an electronically via the Commission’s Supporting Data, April 15, 2016 (Request). attachment to the Notice (Modification). Filing Online system at http://
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www.prc.gov. Those who cannot submit By the Commission. that it has filed under seal. Notice at 1– comments electronically should contact Stacy L. Ruble, 2. the person identified in the FOR FURTHER Secretary. The Modification allows the customer INFORMATION CONTACT section by [FR Doc. 2016–09193 Filed 4–20–16; 8:45 am] to use Priority Mail Express telephone for advice on filing BILLING CODE 7710–FW–P International service under the alternatives. agreement, revises the customer’s FOR FURTHER INFORMATION CONTACT: minimum commitment, and amends David A. Trissell, General Counsel, at POSTAL REGULATORY COMMISSION Annex 1 of the agreement. Id. at 1; see 202–789–6820. id. Attachment 1. [Docket Nos. CP2016–13; Order No. 3241] The Postal Service intends for the SUPPLEMENTARY INFORMATION: Modification to become effective May 1, Table of Contents New Postal Product 2016. Notice at 1. The Postal Service asserts that the Modification will not I. Introduction AGENCY: Postal Regulatory Commission. impair the ability of the contract to II. Notice of Commission Action ACTION: Notice. III. Ordering Paragraphs comply with 39 U.S.C. 3633. Id. SUMMARY: The Commission is noticing a Attachment 2. I. Introduction recent Postal Service filing concerning a II. Notice of Filings On April 14, 2016, the Postal Service modification to an existing Global filed notice that it has entered into an Expedited Package Services 3 negotiated The Commission invites comments on additional Global Expedited Package service agreement. This notice informs whether the changes presented in the Services 3 (GEPS 3) negotiated service the public of the filing, invites public Postal Service’s Notice are consistent agreement (Agreement).1 comment, and takes other with the policies of 39 U.S.C. 3632, To support its Notice, the Postal administrative steps. 3633, or 3642, 39 CFR 3015.5, and 39 Service filed a copy of the Agreement, CFR part 3020, subpart B. Comments are DATES: Comments are due: April 22, due no later than April 22, 2016. The a copy of the Governors’ Decision 2016. authorizing the product, a certification public portions of these filings can be of compliance with 39 U.S.C. 3633(a), ADDRESSES: Submit comments accessed via the Commission’s Web site and an application for non-public electronically via the Commission’s (http://www.prc.gov). treatment of certain materials. It also Filing Online system at http:// The Commission appoints Curtis E. filed supporting financial workpapers. www.prc.gov. Those who cannot submit Kidd to represent the interests of the comments electronically should contact general public (Public Representative) II. Notice of Commission Action the person identified in the FOR FURTHER in this docket. The Commission establishes Docket INFORMATION CONTACT section by III. Ordering Paragraphs No. CP2016–151 for consideration of telephone for advice on filing matters raised by the Notice. alternatives. It is ordered: The Commission invites comments on 1. The Commission reopens Docket FOR FURTHER INFORMATION CONTACT: whether the Postal Service’s filing is No. CP2016–13 for consideration of David A. Trissell, General Counsel, at consistent with 39 U.S.C. 3632, 3633, or matters raised by the Postal Service’s 202–789–6820. 3642, 39 CFR part 3015, and 39 CFR Notice. part 3020, subpart B. Comments are due SUPPLEMENTARY INFORMATION: 2. Pursuant to 39 U.S.C. 505, the Commission appoints Curtis E. Kidd to no later than April 22, 2016. The public Table of Contents portions of the filing can be accessed via serve as an officer of the Commission the Commission’s Web site (http:// I. Introduction (Public Representative) to represent the II. Notice of Filings interests of the general public in this www.prc.gov). III. Ordering Paragraphs The Commission appoints Katalin K. proceeding. Clendenin to serve as Public I. Introduction 3. Comments are due no later than Representative in this docket. April 22, 2016. On April 14, 2016, the Postal Service 4. The Secretary shall arrange for III. Ordering Paragraphs filed notice that it has agreed to a publication of this order in the Federal modification to the existing Global It is ordered: Register. Expedited Package Services 3 negotiated 1. The Commission establishes Docket By the Commission. No. CP2016–151 for consideration of the service agreement approved in this docket.1 In support of its Notice, the Stacy L. Ruble, matters raised by the Postal Service’s Secretary. Notice. Postal Service includes a redacted copy 2. Pursuant to 39 U.S.C. 505, Katalin of the Modification and a certification of [FR Doc. 2016–09194 Filed 4–20–16; 8:45 am] K. Clendenin is appointed to serve as an compliance with 39 U.S.C. 3633(a), as BILLING CODE 7710–FW–P officer of the Commission to represent required by 39 CFR 3015.5. the interests of the general public in this The Postal Service also filed the POSTAL REGULATORY COMMISSION proceeding (Public Representative). unredacted Modification and supporting 3. Comments are due no later than financial information under seal. The [Docket Nos. MC2016–122 and CP2016–155; April 22, 2016. Postal Service seeks to incorporate by Order No. 3245] 4. The Secretary shall arrange for reference the Application for Non- publication of this order in the Federal Public Treatment originally filed in this New Postal Product docket for the protection of information Register. AGENCY: Postal Regulatory Commission. ACTION: Notice. 1 Notice of United States Postal Service of Filing 1 Notice of the United States Postal Service of a Functionally Equivalent Global Expedited Filing Modification One to Global Expedited SUMMARY: Package Services 3 Negotiated Service Agreement Package Services 3 Negotiated Service Agreement, The Commission is noticing a and Application for Non-Public Treatment of April 14, 2016 (Notice). The modification is an recent Postal Service filing concerning Materials Filed Under Seal, April 14, 2016 (Notice). attachment to the Notice (Modification). the addition of Priority Mail Contract
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207 to the competitive product list. This public portions of these filings can be I. Introduction notice informs the public of the filing, accessed via the Commission’s Web site On April 15, 2016, the Postal Service invites public comment, and takes other (http://www.prc.gov). filed notice that it has entered into an administrative steps. The Commission appoints Katalin K. additional Global Expedited Package DATES: Comments are due: April 25, Clendenin to serve as Public Services 3 negotiated service agreement 2016. Representative in these dockets. (Agreement).1 ADDRESSES: Submit comments III. Ordering Paragraphs To support its Notice, the Postal electronically via the Commission’s Service filed a copy of the Agreement, It is ordered: Filing Online system at http:// a copy of the Governors’ Decision 1. The Commission establishes Docket www.prc.gov. Those who cannot submit authorizing the product, a certification Nos. MC2016–122 and CP2016–155 to comments electronically should contact of compliance with 39 U.S.C. 3633(a), consider the matters raised in each the person identified in the FOR FURTHER and an application for non-public docket. INFORMATION CONTACT section by treatment of certain materials. It also 2. Pursuant to 39 U.S.C. 505, Katalin telephone for advice on filing filed supporting financial workpapers. K. Clendenin is appointed to serve as an alternatives. officer of the Commission to represent II. Notice of Commission Action FOR FURTHER INFORMATION CONTACT: the interests of the general public in The Commission establishes Docket David A. Trissell, General Counsel, at these proceedings (Public No. CP2016–153 for consideration of 202–789–6820. Representative). matters raised by the Notice. SUPPLEMENTARY INFORMATION: 3. Comments are due no later than The Commission invites comments on April 25, 2016. Table of Contents whether the Postal Service’s filing is 4. The Secretary shall arrange for consistent with 39 U.S.C. 3632, 3633, or I. Introduction publication of this order in the Federal 3642, 39 CFR part 3015, and 39 CFR II. Notice of Commission Action Register. III. Ordering Paragraphs part 3020, subpart B. Comments are due By the Commission. no later than April 25, 2016. The public I. Introduction Stacy L. Ruble, portions of the filing can be accessed via In accordance with 39 U.S.C. 3642 Secretary. the Commission’s Web site (http:// and 39 CFR 3020.30–.35, the Postal [FR Doc. 2016–09280 Filed 4–20–16; 8:45 am] www.prc.gov). The Commission appoints Jennaca D. Service filed a formal request and BILLING CODE 7710–FW–P associated supporting information to Upperman to serve as Public add Priority Mail Contract 207 to the Representative in this docket. competitive product list.1 POSTAL REGULATORY COMMISSION III. Ordering Paragraphs The Postal Service contemporaneously filed a redacted [Docket No. CP2016–153; Order No. 3247] It is ordered: 1. The Commission establishes Docket contract related to the proposed new New Postal Product product under 39 U.S.C. 3632(b)(3) and No. CP2016–153 for consideration of the 39 CFR 3015.5. Request, Attachment B. AGENCY: Postal Regulatory Commission. matters raised by the Postal Service’s Notice. To support its Request, the Postal ACTION: Notice. Service filed a copy of the contract, a 2. Pursuant to 39 U.S.C. 505, Jennaca copy of the Governors’ Decision SUMMARY: The Commission is noticing a D. Upperman is appointed to serve as an authorizing the product, proposed recent Postal Service filing concerning officer of the Commission to represent changes to the Mail Classification notice to enter into an additional Global the interests of the general public in this Schedule, a Statement of Supporting Expedited Package Services 3 negotiated proceeding (Public Representative). Justification, a certification of service agreement. This notice informs 3. Comments are due no later than compliance with 39 U.S.C. 3633(a), and the public of the filing, invites public April 25, 2016. an application for non-public treatment comment, and takes other 4. The Secretary shall arrange for of certain materials. It also filed administrative steps. publication of this order in the Federal Register. supporting financial workpapers. DATES: Comments are due: April 25, By the Commission. II. Notice of Commission Action 2016. Stacy L. Ruble, ADDRESSES: Submit comments The Commission establishes Docket Secretary. Nos. MC2016–122 and CP2016–155 to electronically via the Commission’s [FR Doc. 2016–09282 Filed 4–20–16; 8:45 am] consider the Request pertaining to the Filing Online system at http:// proposed Priority Mail Contract 207 www.prc.gov. Those who cannot submit BILLING CODE 7710–FW–P product and the related contract, comments electronically should contact the person identified in the FOR FURTHER respectively. POSTAL REGULATORY COMMISSION The Commission invites comments on INFORMATION CONTACT section by whether the Postal Service’s filings in telephone for advice on filing [Docket No. CP2016–152; Order No. 3246] the captioned dockets are consistent alternatives. New Postal Product with the policies of 39 U.S.C. 3632, FOR FURTHER INFORMATION CONTACT: 3633, or 3642, 39 CFR part 3015, and 39 David A. Trissell, General Counsel, at AGENCY: Postal Regulatory Commission. CFR part 3020, subpart B. Comments are 202–789–6820. ACTION: Notice. due no later than April 25, 2016. The SUPPLEMENTARY INFORMATION:
1 Request of the United States Postal Service to Table of Contents 1 Notice of United States Postal Service of Filing Add Priority Mail Contract 207 to Competitive a Functionally Equivalent Global Expedited Product List and Notice of Filing (Under Seal) of I. Introduction Package Services 3 Negotiated Service Agreement Unredacted Governors’ Decision, Contract, and II. Notice of Commission Action and Application for Non-Public Treatment of Supporting Data, April 15, 2016 (Request). III. Ordering Paragraphs Materials Filed Under Seal, April 15, 2016 (Notice).
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SUMMARY: The Commission is noticing a III. Ordering Paragraphs Regulatory Commission to add a recent Postal Service filing concerning It is ordered: domestic shipping services contract to notice to enter into an additional 1. The Commission establishes Docket the list of Negotiated Service International Business Reply Service No. CP2016–152 for consideration of the Agreements in the Mail Classification Competitive Contract 3 negotiated matters raised by the Postal Service’s Schedule’s Competitive Products List. service agreement. This notice informs Notice. DATES: Effective date: April 21, 2016. the public of the filing, invites public 2. Pursuant to 39 U.S.C. 505, Curtis E. FOR FURTHER INFORMATION CONTACT: comment, and takes other Kidd is appointed to serve as an officer Elizabeth A. Reed, 202–268–3179. administrative steps. of the Commission to represent the SUPPLEMENTARY INFORMATION: The DATES: Comments are due: April 25, interests of the general public in this United States Postal Service® hereby 2016. proceeding (Public Representative). gives notice that, pursuant to 39 U.S.C. 3. Comments are due no later than 3642 and 3632(b)(3), on April 15, 2016, ADDRESSES: Submit comments April 25, 2016. it filed with the Postal Regulatory electronically via the Commission’s 4. The Secretary shall arrange for Commission a Request of the United Filing Online system at http:// publication of this order in the Federal States Postal Service to Add Priority www.prc.gov. Those who cannot submit Register. comments electronically should contact Mail Contract 206 to Competitive By the Commission. the person identified in the FOR FURTHER Product List. Documents are available at INFORMATION CONTACT section by Stacy L. Ruble, www.prc.gov, Docket Nos. MC2016–121, telephone for advice on filing Secretary. CP2016–154. alternatives. [FR Doc. 2016–09281 Filed 4–20–16; 8:45 am] Stanley F. Mires, BILLING CODE 7710–FW–P FOR FURTHER INFORMATION CONTACT: Attorney, Federal Compliance. David A. Trissell, General Counsel, at [FR Doc. 2016–09216 Filed 4–20–16; 8:45 am] 202–789–6820. BILLING CODE 7710–12–P POSTAL SERVICE SUPPLEMENTARY INFORMATION: Product Change—Priority Mail Table of Contents Negotiated Service Agreement SECURITIES AND EXCHANGE I. Introduction COMMISSION TM II. Notice of Commission Action AGENCY: Postal Service . [Release No. 34–77629] III. Ordering Paragraphs ACTION: Notice.
I. Introduction SUMMARY: The Postal Service gives Public Availability of the Securities and notice of filing a request with the Postal Exchange Commission’s FY 2014 On April 15, 2016, the Postal Service Service Contract Inventory filed notice that it has entered into an Regulatory Commission to add a additional International Business Reply domestic shipping services contract to AGENCY: Securities and Exchange Service Competitive Contract 3 the list of Negotiated Service Commission. Agreements in the Mail Classification negotiated service agreement ACTION: Notice. (Agreement).1 Schedule’s Competitive Products List. To support its Notice, the Postal DATES: Effective date: April 21, 2016. SUMMARY: In accordance with Section Service filed a copy of the Agreement, FOR FURTHER INFORMATION CONTACT: 743 of Division C of the Consolidated a copy of the Governors’ Decision Elizabeth A. Reed, 202–268–3179. Appropriations Act of 2010 (Pub. L. authorizing the product, a certification SUPPLEMENTARY INFORMATION: The 111–117), SEC is publishing this notice of compliance with 39 U.S.C. 3633(a), United States Postal Service® hereby to advise the public of the availability and an application for non-public gives notice that, pursuant to 39 U.S.C. of the FY2015 Service Contract treatment of certain materials. It also 3642 and 3632(b)(3), on April 15, 2016, Inventory (SCI) and the FY2014 SCI filed supporting financial workpapers. it filed with the Postal Regulatory Analysis. The SCI provides information Commission a Request of the United on FY2015 actions over $25,000 for II. Notice of Commission Action States Postal Service to Add Priority service contracts. The inventory The Commission establishes Docket Mail Contract 207 to Competitive organizes the information by function to No. CP2016–152 for consideration of Product List. Documents are available at show how SEC distributes contracted matters raised by the Notice. www.prc.gov, Docket Nos. MC2016–122, resources throughout the agency. SEC The Commission invites comments on CP2016–155. developed the inventory per the guidance issued on November 5, 2011 whether the Postal Service’s filing is Stanley F. Mires, consistent with 39 U.S.C. 3632, 3633, or by the Office of Management and Attorney, Federal Compliance. 3642, 39 CFR part 3015, and 39 CFR Budget’s Office of Federal Procurement part 3020, subpart B. Comments are due [FR Doc. 2016–09214 Filed 4–20–16; 8:45 am] Policy (OFPP). OFPP’s guidance is no later than April 25, 2016. The public BILLING CODE 7710–12–P available at http://www.whitehouse.gov/ portions of the filing can be accessed via sites/default/files/omb/procurement/ memo/service-contract-inventories- the Commission’s Web site (http:// POSTAL SERVICE www.prc.gov). guidance-11052010.pdf. The Service Contract Inventory Analysis for FY2014 The Commission appoints Curtis E. Product Change—Priority Mail provides information based on the FY Kidd to serve as Public Representative Negotiated Service Agreement 2014 Inventory. The SEC has posted its in this docket. AGENCY: Postal ServiceTM. inventory, a summary of the inventory and the FY2014 analysis on the SEC’s 1 Notice of the United States Postal Service Filing ACTION: Notice. of a Functionally Equivalent International Business homepage at http://www.sec.gov/about/ Reply Service Competitive Contract 3 Negotiated SUMMARY: The Postal Service gives secreports.shtml and http:// Service Agreement, April 15, 2016 (Notice). notice of filing a request with the Postal www.sec.gov/open
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FOR FURTHER INFORMATION CONTACT: due, fee, or other charge imposed by the rebates for Customer 7 and Market Direct questions regarding the service Exchange under Section 19(b)(3)(A)(ii) Maker 8 orders. The Exchange proposes contract inventory to Vance Cathell, of the Act 3 and Rule 19b–4(f)(2) to add an additional Customer Volume Director Office of Acquisitions thereunder,4 which renders the Tier to footnote 1. 202.551.8385 or [email protected]. proposed rule change effective upon Fee code PC and NC are currently Dated: April 15, 2016. filing with the Commission. The appended to all Customer orders in 9 Brent J. Fields, Commission is publishing this notice to Penny Pilot Securities and Non-Penny 10 Secretary. solicit comments on the proposed rule Pilot Securities, respectively and change from interested persons. result in a standard rebate of $0.01 per [FR Doc. 2016–09202 Filed 4–20–16; 8:45 am] contract. The Customer Volume Tiers in BILLING CODE 8011–01–P I. Self-Regulatory Organization’s footnote 1 consist of five separate tiers, Statement of the Terms of Substance of each providing an enhanced rebate to a the Proposed Rule Change Member’s Customer orders that yield fee SECURITIES AND EXCHANGE The Exchange filed a proposal to COMMISSION codes PC or NC upon satisfying monthly amend the fee schedule applicable to volume criteria required by the 5 Sunshine Act Meeting; Cancellation Members and non-members of the respective tier. For instance, pursuant to Exchange pursuant to Exchange Rules Customer Volume Tier 1, the lowest FEDERAL REGISTER CITATION OF PREVIOUS 15.1(a) and (c). volume tier, a Member will receive a ANNOUNCEMENT: The text of the proposed rule change rebate of $0.05 per contract where the PREVIOUSLY ANNOUNCED TIME AND DATE OF is available at the Exchange’s Web site Member has an ADV 11 in Customer THE MEETING: Thursday, April 21, 2016 at www.batstrading.com, at the orders equal to or greater than 0.10% of at 2:00 p.m. principal office of the Exchange, and at average TCV.12 Pursuant to Customer CHANGES IN THE MEETING: The Closed the Commission’s Public Reference Volume Tier 5, the highest volume tier, Meeting scheduled for Thursday, April Room. a Member will receive a rebate of $0.25 21, 2016 at 2:00 p.m., has been II. Self-Regulatory Organization’s per contract where the Member has an cancelled. Statement of the Purpose of, and ADV in Customer orders equal to or CONTACT PERSON FOR MORE INFORMATION: Statutory Basis for, the Proposed Rule greater than 0.80% of average TCV. To For further information and to ascertain Change encourage the entry of additional orders to EDGX Options, the Exchange what, if any, matters have been added, In its filing with the Commission, the proposes to adopt a new Tier 6 with deleted or postponed, please contact the Exchange included statements different qualifying criteria. Office of the Secretary at (202) 551– concerning the purpose of and basis for Specifically, under new Tier 6, the 5400. the proposed rule change and discussed Exchange proposes to provide a rebate Dated: April 18, 2016. any comments it received on the of $0.21 per contract where: (1) The proposed rule change. The text of these Brent J. Fields, Member has an ADV in Customer orders statements may be examined at the Secretary. equal to or greater than 0.25% of places specified in Item IV below. The [FR Doc. 2016–09355 Filed 4–19–16; 11:15 am] average TCV; and (2) the Member has an Exchange has prepared summaries, set BILLING CODE 8011–01–P ADV in Market Maker Orders equal to forth in Sections A, B, and C below, of or greater than 0.25% of average TCV. the most significant parts of such The Exchange notes that the rebate of statements. SECURITIES AND EXCHANGE $0.21 per contract is the same rebate as COMMISSION (A) Self-Regulatory Organization’s Tier 4, which is provided where the [Release No. 34–77631; File No. SR– Statement of the Purpose of, and Member has an ADV in Customer orders BatsEDGX–2016–09] Statutory Basis for, the Proposed Rule equal to or greater than 0.50% of Change average TCV. By introducing Tier 6, the Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing 1. Purpose 7 The term ‘‘Customer’’ applies to any transaction and Immediate Effectiveness of a The Exchange proposes to amend its identified by a Member for clearing in the Customer Proposed Rule Change Related to Fees fee schedule for its equity options range at the Options Clearing Corporation (‘‘OCC’’), excluding any transaction for a Broker Dealer or a as They Apply to the Equities Options platform (‘‘EDGX Options’’) to add a ‘‘Professional’’ as defined in Exchange Rule 16.1. Platform new tier to its existing tiered pricing 8 The term ‘‘Market Maker’’ applies to any structure, as further described below.6 transaction identified by a Member for clearing in April 15, 2016. The Exchange currently offers two the Market Maker range at the OCC, where such Pursuant to Section 19(b)(1) of the pricing tiers under footnotes 1 and 2 of Member is registered with the Exchange as a Market Maker as defined in Rule 16.1(a)(37). Securities Exchange Act of 1934 (the the fee schedule, Customer Volume ‘‘Act’’),1 and Rule 19b–4 thereunder,2 9 The term ‘‘Penny Pilot Security’’ applies to Tiers and Market Maker Volume Tiers, those issues that are quoted pursuant to Exchange notice is hereby given that on April 7, respectively. Under the tiers, Members Rule 21.5, Interpretation and Policy .01. 2016, Bats EDGX Exchange, Inc. (the that achieve certain volume criteria may 10 The term ‘‘Non-Penny Pilot Security’’ applies ‘‘Exchange’’ or ‘‘EDGX’’) filed with the qualify for reduced fees or enhanced to those issues that are not Penny Pilot Securities Securities and Exchange Commission quoted pursuant to Exchange Rule 21.5, (‘‘Commission’’) the proposed rule Interpretation and Policy .01. 3 15 U.S.C. 78s(b)(3)(A)(ii). 11 ‘‘ADV’’ means average daily volume calculated change as described in Items I, II and III 4 17 CFR 240.19b–4(f)(2). as the number of contracts added or removed, below, which Items have been prepared 5 The term ‘‘Member’’ is defined as ‘‘any combined, per day. by the Exchange. The Exchange has registered broker or dealer that has been admitted 12 ‘‘TCV’’ means total consolidated volume designated the proposed rule change as to membership in the Exchange.’’ See Exchange calculated as the volume reported by all exchanges one establishing or changing a member Rule 1.5(n). to the consolidated transaction reporting plan for 6 The Exchange initially filed the proposed the month for which the fees apply, excluding change on April 1, 2016 (SR–BatsEDGX–2016–08). volume on any day that the Exchange experiences 1 15 U.S.C. 78s(b)(1). On April 7, 2016, the Exchange withdrew SR– an Exchange System Disruption and on any day 2 17 CFR 240.19b–4. BatsEDGX–2016–08 and submitted this filing). with a scheduled early market close.
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Exchange is providing an additional they are open to all Members on an competing venues to maintain their mechanism for a Member to achieve this equal basis and provide additional competitive standing in the financial enhanced rebate. The Exchange also benefits or discounts that are reasonably markets. notes that the proposed rebate is related to the value of an exchange’s (C) Self-Regulatory Organization’s intended to encourage the entry of both market quality associated with higher Statement on Comments on the Customer orders and Market Maker levels of market activity, such as higher orders by providing a hybrid tier that levels of liquidity provision and/or Proposed Rule Change Received From rewards the entry of both. Although the growth patterns, and introduction of Members, Participants or Others qualifying criteria includes Market higher volumes of orders into the price The Exchange has not solicited, and Maker orders, as noted above, the and volume discovery processes. The does not intend to solicit, comments on proposed enhanced rebate of $0.21 per proposed additional Customer Volume this proposed rule change. The contract would only be awarded to a Tier is intended to incentivize Members Exchange has not received any written Member’s Customer orders that yield fee to send additional Customer orders and comments from members or other codes PC or NC upon satisfying the Market Maker orders to the Exchange in interested parties. monthly volume criteria (and not such an effort to qualify for the enhanced III. Date of Effectiveness of the Member’s Market Maker orders). Under rebate made available by the tier. Proposed Rule Change and Timing for the Exchange’s existing pricing The Exchange believes that the Commission Action structure, however, a Member qualifying proposed tier is reasonable, fair and for the tier would qualify for at least equitable, and non-discriminatory, for The foregoing rule change has become Market Maker Volume Tier 3 with the reasons set forth with respect to effective pursuant to Section 19(b)(3)(A) respect to such Member’s Market Maker volume-based pricing generally and of the Act 17 and paragraph (f) of Rule orders (resulting in a reduced fee of because such change will incentivize 19b–4 thereunder.18 At any time within $0.10 per contract), as the criteria for participants to further contribute to 60 days of the filing of the proposed rule such tier require an ADV in Market market quality. The proposed tier will change, the Commission summarily may Maker orders equal to or greater than provide an additional way for market temporarily suspend such rule change if 0.20%. participants to qualify for enhanced it appears to the Commission that such rebates. The Exchange also believes that action is necessary or appropriate in the 2. Statutory Basis the proposed tiered pricing structure is public interest, for the protection of The Exchange believes that the consistent with pricing previously investors, or otherwise in furtherance of proposed rule change is consistent with offered by the Exchange as well as other the purposes of the Act. the requirements of the Act and the options exchanges and does not IV. Solicitation of Comments rules and regulations thereunder that represent a significant departure from are applicable to a national securities such pricing structures.15 Interested persons are invited to exchange, and, in particular, with the submit written data, views, and requirements of Section 6 of the Act.13 (B) Self-Regulatory Organization’s arguments concerning the foregoing, Specifically, the Exchange believes that Statement on Burden on Competition including whether the proposed rule the proposed rule change is consistent The Exchange believes the proposed change is consistent with the Act. with Section 6(b)(4) of the Act,14 in that amendments to its Fee Schedule would Comments may be submitted by any of it provides for the equitable allocation not impose any burden on competition the following methods: of reasonable dues, fees and other that is not necessary or appropriate in Electronic Comments charges among members and other furtherance of the purposes of the Act. persons using any facility or system The Exchange does not believe that the • Use the Commission’s Internet which the Exchange operates or proposed change represents a significant comment form (http://www.sec.gov/ controls. departure from previous pricing offered rules/sro.shtml); or The Exchange believes its proposed by the Exchange or other options • Send an email to rule-comments@ fees and rebates are reasonable, fair and exchanges.16 Rather, the proposal is a sec.gov. Please include File Number SR– equitable, and non-discriminatory. The competitive proposal that is seeking to BatsEDGX–2016–09 on the subject line. Exchange operates in a highly further the growth of the Exchange. The Paper Comments competitive market in which market Exchange has structured the proposed • participants may readily send order fees and rebates to attract additional Send paper comments in triplicate flow to many competing venues if they volume in Market Maker and Customer to Secretary, Securities and Exchange deem fees at the Exchange to be orders, however, the Exchange believes Commission, 100 F Street NE., excessive. As a new options exchange, that its pricing for all capacities is Washington, DC 20549–1090. the proposed fee structure remains competitive with that offered by other All submissions should refer to File intended to attract order flow to the options exchanges. Additionally, Number SR–BatsEDGX–2016–09. This Exchange by offering market Members may opt to disfavor the file number should be included on the participants a competitive yet simple Exchange’s pricing if they believe that subject line if email is used. To help the pricing structure. At the same time, the alternatives offer them better value. Commission process and review your Exchange believes it is reasonable to Accordingly, the Exchange does not comments more efficiently, please use incrementally adopt incentives intended believe that the proposed change will only one method. The Commission will to help to contribute to the growth of the impair the ability of Members or post all comments on the Commission’s Exchange. Internet Web site (http://www.sec.gov/ Volume-based rebates such as those 15 See, e.g., Bats BZX Options Fee Schedule, rules/sro.shtml). Copies of the currently maintained on the Exchange Footnote 1, Tier 5, which provides an enhanced submission, all subsequent have been widely adopted by options rebate to Customer orders on BZX Options based on amendments, all written statements both Customer volume and Market Maker volume. exchanges and are equitable because The BZX Options Fee Schedule is available at: with respect to the proposed rule http://www.batsoptions.com/support/fee_schedule/ 13 15 U.S.C. 78f. bzx/. 17 15 U.S.C. 78s(b)(3)(A). 14 15 U.S.C. 78f(b)(4). 16 Id. 18 17 CFR 240.19b–4(f).
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change that are filed with the Register on March 2, 2016.3 To date, the notice is hereby given that on March 31, Commission, and all written Commission has not received comments 2016, ICE Clear Credit LLC (‘‘ICC’’) filed communications relating to the on the proposal. with the Securities and Exchange proposed rule change between the Section 19(b)(2) of the Act 4 provides Commission (‘‘Commission’’) the Commission and any person, other than that within 45 days of the publication of proposed rule change as described in those that may be withheld from the notice of the filing of a proposed rule Items I, II, and III below, which Items public in accordance with the change, or within such longer period up have been prepared primarily by ICC. provisions of 5 U.S.C. 552, will be to 90 days as the Commission may The Commission is publishing this available for Web site viewing and designate if it finds such longer period notice to solicit comments on the printing in the Commission’s Public to be appropriate and publishes its proposed rule change from interested Reference Room, 100 F Street NE., reasons for so finding or as to which the persons. self-regulatory organization consents, Washington, DC 20549, on official I. Self-Regulatory Organization’s business days between the hours of the Commission shall either approve the proposed rule change, disapprove the Statement of the Terms of Substance of 10:00 a.m. and 3:00 p.m. Copies of the the Proposed Rule Change filing also will be available for proposed rule change, or institute inspection and copying at the principal proceedings to determine whether the The principal purpose of the office of the Exchange. All comments proposed rule change should be proposed rule change is to update and received will be posted without change; disapproved. The 45th day from the formalize ICC’s Stress Testing the Commission does not edit personal publication of notice of filing of this Framework. identifying information from proposed rule change is April 16, 2016. II. Self-Regulatory Organization’s submissions. You should submit only The Commission is extending the 45- Statement of the Purpose of, and information that you wish to make day time period for Commission action Statutory Basis for, the Proposed Rule available publicly. All submissions on the proposed rule change. In order to Change should refer to File Number SR– provide the Commission with sufficient In its filing with the Commission, ICC BatsEDGX–2016–09 and should be time to consider the proposed rule included statements concerning the submitted on or before May 12, 2016. change, the Commission finds it is appropriate to designate a longer period purpose of and basis for the proposed For the Commission, by the Division of within which to take action on the rule change and discussed any Trading and Markets, pursuant to delegated comments it received on the proposed 19 proposed rule change. authority. Accordingly, the Commission, rule change. The text of these statements Brent J. Fields, pursuant to Section 19(b)(2) of the Act,5 may be examined at the places specified Secretary. designates May 31, 2016, as the date by in Item IV below. ICC has prepared [FR Doc. 2016–09203 Filed 4–20–16; 8:45 am] which the Commission should either summaries, set forth in sections A, B, BILLING CODE 8011–01–P approve or disapprove, or institute and C below, of the most significant proceedings to determine whether to aspects of these statements. disapprove, the proposed rule change A. Self-Regulatory Organization’s SECURITIES AND EXCHANGE (File No. SR–ICEEU–2016–004). COMMISSION Statement of the Purpose of, and For the Commission, by the Division of Statutory Basis for, the Proposed Rule Trading and Markets, pursuant to delegated Change [Release No. 34–77634; File No. SR–ICEEU– authority.6 2016–004] Brent J. Fields, ICC proposes to update and formalize Secretary. its Stress Testing Framework. The Stress Self-Regulatory Organizations; ICE Testing Framework sets forth stress Clear Europe Limited; Notice of [FR Doc. 2016–09206 Filed 4–20–16; 8:45 am] testing practices instituted by ICC, Designation of Longer Period for BILLING CODE 8011–01–P which are focused on ensuring the Commission Action on Proposed Rule adequacy of systemic risk protections. Change Relating to Additions to SECURITIES AND EXCHANGE The framework is designed to: Permitted Cover COMMISSION Articulate the types of stress tests executed and the main purpose of each April 15, 2016. [Release No. 34–77633; File No. SR–ICC– type of test; describe how stress tests are On February 10, 2016, ICE Clear 2016–005] conducted; define the actual test scenarios currently executed; outline Europe Limited (‘‘ICE Clear Europe’’) Self-Regulatory Organizations; ICE the range of remedial actions available filed with the Securities and Exchange Clear Credit LLC; Notice of Filing of Commission (‘‘Commission’’), pursuant Proposed Rule Change To Update and (which, depending on the results, may to Section 19(b)(1) of the Securities include enhancements to the risk 1 Formalize the ICC Stress Testing Exchange Act of 1934 (‘‘Act’’), and Framework methodology or certain Clearing Rule 19b–4 thereunder,2 proposed rule Participant (‘‘CP’’) specific action); and changes to provide additional categories April 15, 2016. explain how stress test results are used of securities, including treasury bills Pursuant to Section 19(b)(1) of the in the governance process. and floating and inflation-linked Securities Exchange Act of 1934 ICC continues to evolve its stress government bonds (the ‘‘Additional (‘‘Act’’) 1 and Rule 19b-4 thereunder 2 testing practices for many reasons, Permitted Cover’’) to ICE Clear Europe including an increase in the number and to satisfy certain margin requirements. 3 Securities Exchange Act Release No. 34–77234 type of instruments eligible for clearing, The proposed rule change was (Feb. 25, 2015), 81 FR 10949 (Mar. 2, 2016) (SR– and evolution of the CDS market and ICEEU–2016–004). the cleared portfolios themselves. The published for comment in the Federal 4 15 U.S.C. 78s(b)(2). 5 15 U.S.C. 78s(b)(2). stress testing framework helps ICC 19 17 CFR 200.30–3(a)(12). 6 17 CFR 200.30–3(a)(31). identify potential weaknesses in the risk 1 15 U.S.C. 78s(b)(1). 1 15 U.S.C. 78s(b)(1). management methodology currently 2 17 CFR 240.19b–4. 2 17 CFR 240.19b–4. used. As such, the framework allows
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ICC to identify potential model assumptions. The stress test results from Department may also choose to add new enhancements to the Initial Margin and such expected future portfolio scenarios and portfolios in response to Guaranty Fund models, as well as executions are reviewed and analyzed deficiencies noted upon stress testing; identify the need to exercise short term internally, and may be used to support in this case, the Risk Department will remedies based upon specific CP future model initiatives. discuss with the Risk Committee, who positions and risk of exposure prior to ICC also designs stress test analysis will recommend to the Board, who is introduction of model enhancements. directed toward the identification of responsible for approval. The framework outlines the stress test wrong-way risk in cleared portfolios. The Risk Department maintains a methodology employed by ICC. During For every cleared portfolio, all positions standard set of Stress Scenarios and the execution of stress testing, the ICC in index risk factors and single name portfolios (namely actual portfolios, Risk Department (‘‘Risk Department’’) risk factors that exhibit high degree of sample portfolios derived from applies the standard set of pre-defined association with the considered CP are currently cleared portfolios, and Stress Test Scenarios (as defined on the used to create a sub-portfolio which will expected future portfolios) that are next page) against actual portfolios, be subjected to additional stress test executed on a regular basis. In the event sample portfolios derived from analysis. The constructed sub-portfolio that a scenario or portfolio in the currently cleared positions, and is subjected to the same Stress Test standard set is no longer applicable, or expected future portfolios, as Scenarios utilized by ICC. has been superseded by new scenarios appropriate, to generate hypothetical The framework also describes ICC’s or portfolios, the Risk Department may profits or losses. The Risk Department reverse stress testing (Guaranty Fund wish to retire or modify the outdated compares the hypothetical losses to the Adequacy Analysis) practices. The scenario or portfolio. In this case, the available funds from the Initial Margin purpose of the adequacy analysis is to Risk Department consults with ICC requirements and Guaranty Fund provide estimates for the level of senior management; conducts analysis contribution related to the selected protection achieved by the to support the recommendation; portfolios. A scenario deficiency is clearinghouse via its Initial Margin and discusses the analysis and obtains a identified in the event that the Guaranty Fund models. In performing recommendation from the Risk hypothetical loss exceeds the protection its analysis, ICC considers a Committee; and presents the final provided by the available collateral combination of adverse price analysis to the Board approval. In the assets and mutualization funds. realizations and idiosyncratic credit interest of prudent risk management, the Depending on the plausibility of the events associated with reference Risk Department may wish to add stress scenarios and the frequency and obligations on which the stress tested scenarios and/or portfolios to the severity of any resulting deficiencies, CP sold protection. The Stress Testing standard set; Risk Committee or Board the Risk Department may recommend Framework also describes the approval is not required unless such enhancements to the risk methodology. correlation sensitivity analysis scenarios and/or portfolios are added in ICC utilizes certain predefined performed by ICC, based on Monte Carlo response to stress testing deficiencies, as scenarios for its stress testing, which fall simulations, as well as the additional described above. into three standard categories: (i) recovery rate sensitivity analysis. Previous versions of the framework Historically observed extreme but The framework also details how stress included the Risk Working Group in the plausible market scenarios; (ii) testing is utilized in ICC’s governance governance structure, as ICC consulted historically observed and hypothetically process. ICC maintains a framework to with the Risk Working Group as it constructed (forward looking) extreme ensure that the Risk Committee and worked to develop its initial stress but plausible market scenarios with a Board are provided the appropriate level testing approach and appropriate baseline credit event; and (iii) extreme of transparency into the Risk scenarios. As ICC now has a fully model response tests (collectively, Department’s stress test results and developed approach, stress testing ‘‘Stress Test Scenarios’’). Discordant contemplated methodology changes. remains focused on data analysis and scenarios (i.e. scenarios under which Stress testing results are reviewed, at a reporting results, which are addressed at selected risk factors move in opposite minimum, by the Risk Department the Risk Committee and Board level. directions; commonly the behavior weekly. Additionally, stress testing Thus, to reflect current governance deviates from historically observed results are provided to the Risk practices, references to the Risk behavior) are applied to certain Committee weekly and a report of such Working Group have been removed. instruments to account for discordant results is presented to the Risk Section 17A(b)(3)(F) of the Act 3 price moves. Committee on a monthly basis. Ad hoc requires, among other things, that the ICC applies the Stress Test Scenarios reviews of the stress testing results may rules of a clearing agency be designed to to a variety of portfolios. Specifically, be undertaken at the discretion of the promote the prompt and accurate ICC applies the Stress Test Scenarios to Chief Risk Officer. clearance and settlement of securities all currently cleared portfolios. The Risk In the event of any deficiencies noted transactions, and to the extent Department may also apply the Stress upon stress testing, the Risk Department applicable, derivative agreements, Test Scenarios to sample portfolios must report such deficiencies to ICC contracts and transactions and to obtained from currently cleared senior management and the Risk comply with the provisions of the Act portfolios. The Risk Department may Committee, and either (a) provide and the rules and regulations also apply the Stress Test Scenarios to analysis that the results do not highlight thereunder. ICC believes that the staff-constructed, expected future a significant weakness in the stress proposed rule changes are consistent portfolios, as appropriate, to mimic testing or risk methodology; or (b) with the requirements of the Act and the expected future portfolios upon the recommend enhancements to the stress rules and regulations thereunder launch of new services. In this case, the testing or risk methodology. ICC senior applicable to ICC, in particular, to stress test analysis is presented to and management and the Risk Committee Section 17(A)(b)(3)(F), 4 because ICC reviewed by the Risk Committee prior to will review and recommend any stress believes that the proposed rule changes the launch of the new clearing services. testing or risk methodology ICC may design specific portfolio sets to enhancements to the Board, who is 3 15 U.S.C. 78q–1(b)(3)(F). test the validity of certain model/system responsible for approval. The Risk 4 Id.
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will promote the prompt and accurate C. Self-Regulatory Organization’s Commission and any person, other than clearance and settlement of securities Statement on Comments on the those that may be withheld from the transactions, derivatives agreements, Proposed Rule Change Received From public in accordance with the contracts, and transactions. ICC’s Stress Members, Participants or Others provisions of 5 U.S.C. 552, will be Testing Framework describes ICC’s Written comments relating to the available for Web site viewing and stress testing practices, which are proposed rule change have not been printing in the Commission’s Public designed to ensure the adequacy of solicited or received. ICC will notify the Reference Room, 100 F Street NE., systemic risk protections. The Stress Commission of any written comments Washington, DC 20549, on official Testing Framework sets forth the received by ICC. business days between the hours of methodology by which ICC evaluates 10:00 a.m. and 3:00 p.m. Copies of such III. Date of Effectiveness of the potential portfolio profits/losses, filings will also be available for Proposed Rule Change and Timing for compared to the Initial Margin and inspection and copying at the principal Commission Action office of ICE Clear Credit and on ICE Guaranty Fund funds maintained, in Clear Credit’s Web site at https:// order to identify any potential weakness Within 45 days of the date of www.theice.com/clear-credit/regulation. in the risk methodology. As such, the publication of this notice in the Federal proposed rule changes are designed to Register or within such longer period (i) All comments received will be posted promote the prompt and accurate as the Commission may designate up to without change; the Commission does not edit personal identifying clearance and settlement of securities 90 days of such date if it finds such information from submissions. You transactions, derivatives agreements, longer period to be appropriate and publishes its reasons for so finding or should submit only information that contracts, and transactions within the (ii) as to which the self-regulatory you wish to make available publicly. All meaning of Section 17A(b)(3)(F) 5 of the organization consents, the Commission submissions should refer to File Act. The proposed changes will also will: Number SR–ICC–2016–005 and should satisfy the requirements of Rule 17Ad– (A) By order approve or disapprove be submitted on or before May 12, 2016. 6 22. In particular, the Stress Testing such proposed rule change, or Framework contains stress testing For the Commission, by the Division of (B) institute proceedings to determine Trading and Markets, pursuant to delegated practices designed to ensure that ICE whether the proposed rule change authority.9 Clear Credit maintains sufficient should be disapproved. Brent J. Fields, financial resources to withstand a Secretary. default by the CP family to which it has IV. Solicitation of Comments [FR Doc. 2016–09205 Filed 4–20–16; 8:45 am] the largest exposure in extreme but Interested persons are invited to plausible market conditions, and that as submit written data, views, and BILLING CODE 8011–01–P a registered clearing agency acting as a arguments concerning the foregoing, central counterparty for security-based including whether the proposed rule SECURITIES AND EXCHANGE swaps, ICC shall maintain additional change is consistent with the Act. COMMISSION financial resources sufficient to Comments may be submitted by any of the following methods: withstand, at a minimum, a default by [Release No. 34–77632; File No. SR– the two CP families to which it has the Electronic Comments BatsBZX–2016–06] largest exposures in extreme but • plausible market conditions,7 consistent Use the Commission’s Internet Self-Regulatory Organizations; Bats comment form (http://www.sec.gov/ with the requirements of Rule 17Ad– BZX Exchange, Inc.; Notice of Filing rules/sro.shtml); or 22(b)(3).8 • and Immediate Effectiveness of a Send an email to rule-comments@ Proposed Rule Change To Modify the B. Self-Regulatory Organization’s sec.gov. Please include File Number SR– Fee Schedule Applicable to the Statement on Burden on Competition ICC–2016–005 on the subject line. Exchange’s Options Platform Paper Comments ICC does not believe the proposed April 15, 2016. rule changes would have any impact, or Send paper comments in triplicate to Pursuant to Section 19(b)(1) of the impose any burden, on competition. To Secretary, Securities and Exchange Securities Exchange Act of 1934 (the the extent the Stress Testing Framework Commission, 100 F Street NE., ‘‘Act’’),1 and Rule 19b–4 thereunder,2 impacts CPs, the Stress Testing Washington, DC 20549–1090. notice is hereby given that on April 7, Framework applies uniformly across all All submissions should refer to File 2016, Bats BZX Exchange, Inc. (the CPs. Therefore, ICC does not believe the Number SR–ICC–2016–005. This file ‘‘Exchange’’ or ‘‘BZX’’) filed with the proposed rule changes impose any number should be included on the Securities and Exchange Commission burden on competition that is subject line if email is used. To help the (‘‘Commission’’) the proposed rule inappropriate in furtherance of the Commission process and review your change as described in Items I, II and III purposes of the Act. comments more efficiently, please use below, which Items have been prepared only one method. The Commission will by the Exchange. The Exchange has 5 Id. post all comments on the Commission’s designated the proposed rule change as 6 17 CFR 240.17Ad–22. Internet Web site (http://www.sec.gov/ one establishing or changing a member 7 Pursuant to confirmation via email with ICC on rules/sro.shtml). Copies of the due, fee, or other charge imposed by the April 13, 2016, staff in the Division of Trading and submission, all subsequent Exchange under Section 19(b)(3)(A)(ii) Markets modified this sentence to add the reference amendments, all written statements of the Act 3 and Rule 19b–4(f)(2) to ICC maintaining sufficient financial resources to with respect to the proposed rule withstand, at a minimum, the default by the two CP families to which it has the largest exposures in change that are filed with the 9 17 CFR 200.30–3(a)(12). extreme but plausible market conditions to conform Commission, and all written 1 15 U.S.C. 78s(b)(1). to the requirements of Rule 17Ad–22(b)(3). communications relating to the 2 17 CFR 240.19b–4. 8 17 CFR 240.17Ad–22(b)(3). proposed rule change between the 3 15 U.S.C. 78s(b)(3)(A)(ii).
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thereunder,4 which renders the defined term ‘‘Non-BATS Market Joint Back Office 12 orders that add proposed rule change effective upon Maker’’ as ‘‘Away Market Maker’’ to be liquidity in Penny Pilot Securities 13 filing with the Commission. The consistent with terminology used on the where the Member has an: (i) ADAV 14 Commission is publishing this notice to options fee schedule of the Exchange’s in Firm, Broker-Dealer, or Joint Back solicit comments on the proposed rule affiliate, Bats EDGX Exchange, Inc.6 In Office orders in Penny Pilot Securities change from interested persons. light of that change, the Exchange now (yielding Fee Code PF) 15 equal to or greater than 0.25% of average TCV; and I. Self-Regulatory Organization’s proposes to replace references to (ii) ADV equal to or greater than 1.50% Statement of the Terms of Substance of ‘‘NBMM’’ (i.e., Non-Bats Market Maker) of average TCV. Specifically, the the Proposed Rule Change with the term ‘‘Away MM’’ (i.e. Away Market Maker) under footnotes 2, 4, 8 Exchange proposes to amend the Firm, The Exchange filed a proposal to and 10 in order to use consistent Broker Dealer, and Joint Back Office amend the fee schedule applicable to terminology through the fee schedule. Penny Pilot Add Volume Tier 3 to now Members 5 and non-Members of the With this change, the Exchange does not require that the Member have an ADAV Exchange pursuant to BZX Rules 15.1(a) propose to amend the criteria necessary in Away Market Maker 16 orders, in and (c). to meet the tier or the amount of the addition to Firm, Broker-Dealer, or Joint The text of the proposed rule change rebate provided. Back Office orders equal to or greater is available at the Exchange’s Web site than 0.80%, rather than 0.25%, of at www.batstrading.com, at the Quoting Incentive Program (‘‘QIP’’) Tier average TCV. While the rebate would principal office of the Exchange, and at 3 continue to be available only to Firm, the Commission’s Public Reference The Exchange currently offers two Broker-Dealer, or Joint Back Office Room. QIP tiers which provide an additional orders in Penny Pilot Securities, the II. Self-Regulatory Organization’s rebate per contract for an order that requirement that the Member have an Statement of the Purpose of, and adds liquidity to the BZX Options ADAV equal to or greater than 0.80% of Statutory Basis for, the Proposed Rule Book 7 in options classes in which a average TCV would no longer be limited Change Member is a Market Maker registered on to orders in Penny Pilot Securities. The tier would continue to require that In its filing with the Commission, the BZX Options pursuant to Rule 22.2. The Market Maker must be registered with Members also have an ADV equal to or Exchange included statements greater than 1.50% of average TCV. concerning the purpose of and basis for BZX Options in an average of 20% or the proposed rule change and discussed more of the associated options series in Away Market Maker Penny Pilot Add any comments it received on the a class in order to qualify for QIP rebates Volume Tier 2 for that class. Under QIP Tier 1, a proposed rule change. The text of these The Exchange proposes to amend the Market Maker will receive an additional statements may be examined at the criteria necessary to meet and receive rebate of $0.02 per contract where that places specified in Item IV below. The the rebate associated with the Away Market Maker has an ADV 8 equal to or Exchange has prepared summaries, set Market Maker Penny Pilot Add Volume greater than 0.30% of average TCV.9 forth in Sections A, B, and C below, of Tier 2 under footnote 10, which Under QIP Tier 2, a Market Maker will the most significant parts of such currently provides a Member that acts as receive an additional rebate of $0.04 per statements. an Away Market Maker a rebate of $0.46 contract where that Market Maker has per contract for Away Market Maker (A) Self-Regulatory Organization’s an ADV equal to or greater than 1.00% Statement of the Purpose of, and orders that add liquidity in a Penny of average TCV. The Exchange now Pilot Security where the Member has an: Statutory Basis for, the Proposed Rule proposes to add QIP Tier 3 under which Change (i) ADAV in Firm, Broker-Dealer, and/or a Market Maker may receive an Joint Back Office orders in Penny Pilot 1. Purpose additional rebate of $0.06 per contract Securities (yielding Fee Code PF) equal where the Member has an ADV equal to The Exchange proposes to modify its to or greater than 0.25% of average TCV; or greater than 2.5% of average TCV. fee schedule applicable to the and (ii) ADV equal to or greater than Exchange’s options platform (‘‘BZX Firm, Broker Dealer, and Joint Back 1.50% of average TCV. Specifically, the Options’’) to: (i) Replace references to Office Penny Pilot Add Volume Tier 3 Exchange proposes to amend the Away ‘‘NBMM’’ (i.e., Non-Bats Market Maker) Market Maker Penny Pilot Add Volume with the term ‘‘Away MM’’ (i.e., Away The Exchange proposes to amend the Tier 2 to now require that the Member Market Maker); (ii) adopt a new Quoting criteria necessary to meet and receive have an ADAV in Away Market Maker 17 Incentive Program Tier under footnote the rebate associated with the Firm, orders, in addition to Firm, Broker- 5; (iii) amend the criteria necessary to Broker Dealer, and Joint Back Office Dealer, or Joint Back Office orders equal meet the Firm, Broker Dealer, and Joint Penny Pilot Add Volume Tier 3 under to or greater than 0.80%, rather than Back Office Penny Pilot Add Volume footnote 2, which currently provides 0.25%, of average TCV. While the rebate Tier 3 under footnote 2; and (iv) amend Members with a rebate of $0.46 per would continue to be available only to 10 11 the criteria necessary to meet the Away contract for Firm, Broker Dealer, and Market Maker Penny Pilot Add Volume 12 Id. Tier 2 under footnote 10. 6 See Securities Exchange Act Release No. 77307 13 Id. (March 7, 2016), 81 FR 12996 (March 11, 2016) 14 Id. Replace References to ‘‘NBMM’’ With (Notice of Filing and Immediate Effectiveness of 15 Fee code PF is yielding to Firm, Broker-Dealer, ‘‘Away MM’’ SR–BATS–2016–25). and Joint Back Office orders that add liquidity in 7 See Exchange Rule 16.1(a)(9). Penny Pilot Securities. See the Exchange’s fee In February 2016, the Exchange 8 As defined in the Exchange’s fee schedule schedule available at http://www.batsoptions.com/ amended its fee schedule to rename the available at http://www.batsoptions.com/support/ support/fee_schedule/bzx/. _ fee schedule/bzx/. 16 As defined in the Exchange’s fee schedule 4 17 CFR 240.19b–4(f)(2). 9 Id. available at http://www.batsoptions.com/support/ 5 The term ‘‘Member’’ is defined as ‘‘any 10 Id. fee_schedule/bzx/. registered broker or dealer that has been admitted 11 As defined in the Exchange’s fee schedule 17 As defined in the Exchange’s fee schedule to membership in the Exchange.’’ See Exchange available at http://www.batsoptions.com/support/ available at http://www.batsoptions.com/support/ Rule 1.5(n). fee_schedule/bzx/. fee_schedule/bzx/.
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Firm, Broker-Dealer, or Joint Back Office above with respect to volume-based furtherance of the purposes of the Act. orders in Penny Pilot Securities, the pricing generally, because such change To the contrary, the Exchange has requirement that the Member have an will apply equally to all participants, designed the proposed amendments to ADAV equal to or greater than 0.80% of and because the change will incentivize its fee schedule in order to enhance its average TCV would no longer be limited such participants to further contribute ability to compete with other exchanges. to orders in Penny Pilot Securities. The to market quality on the Exchange. Rather, the proposal as a whole is a Exchange notes that this change is Moreover, the proposed changes will competitive proposal that is seeking to similar to that proposed for the Firm, provide Members with an increased further the growth of the Exchange. Broker Dealer, and Joint Back Office incentive to add liquidity in Away Also, the Exchange believes that the Penny Pilot Add Volume Tier 3 Market Maker orders, which the increase to certain thresholds necessary discussed above. The tier would Exchange not only believes will to meet tiers offered by the Exchange continue to require that Members also enhance market quality for all market contributes to rather than burdens have an ADV equal to or greater than participants, but will also encourage competition, as such changes are 1.50% of average TCV. increased participation of other orders intended to incentivize participants to wanting to interact with such Away Implementation Date increase their participation on the Market Maker orders, further to the Exchange. Similarly, the introduction of The Exchange proposes to implement benefit of all market participants. The a new QIP Tier is intended to provide these amendments to its fee schedule Exchange also believes that the incentives to Market Makers to immediately.18 proposed changes to the tiers remain encourage them to enter orders to the 2. Statutory Basis consistent with pricing previously offered by the Exchange as well as Exchange, and thus is again intended to The Exchange believes that the competitors of the Exchange and does enhance competition. proposed rule change is consistent with not represent a significant departure Additionally, Members may opt to the requirements of the Act and the from the Exchange’s general pricing disfavor the Exchange’s pricing if they rules and regulations thereunder that structure. believe that alternatives offer them are applicable to a national securities The Exchange believes that its better value. Accordingly, the Exchange exchange, and, in particular, with the proposal to add a new QIP Tier 3 under 19 does not believe that the proposed requirements of Section 6 of the Act. footnote 5 is reasonable, fair and change will impair the ability of Specifically, the Exchange believes that equitable and non-discriminatory, for Members or competing venues to the proposed rule change is consistent the reasons set forth above with respect maintain their competitive standing in with Section 6(b)(4) of the Act,20 in that to volume-based pricing generally. In the financial markets. Additionally, it provides for the equitable allocation addition, the Exchange believes the Members may opt to disfavor the of reasonable dues, fees and other amount of the proposed rebate offered charges among members and other Exchange’s pricing if they believe that under QIP Tier 3 is equitable and alternatives offer them better value. persons using any facility or system reasonable because of the increased which the Exchange operates or Accordingly, the Exchange does not criteria required to satisfy QIP Tier 3 believe that the proposed changes to the controls. The Exchange notes that it compared to the rebates offered and the operates in a highly competitive market Exchange’s tiered pricing structure criteria required by QIP Tiers 1 and 2. burdens competition, but instead, in which market participants can The Exchange also notes that although enhances competition as it is intended readily direct order flow to competing registration as a Market Maker is to increase the competitiveness of the venues if they deem fee levels to be required to qualify for QIP, such Exchange. Also, the Exchange believes excessive. registration is available to all Members Volume-based rebates such as those on an equal basis. The Exchange also that the price changes contribute to, currently maintained on the Exchange believes that the proposed tier is rather than burden competition, as such have been widely adopted by equities reasonable, fair and equitable, and non- changes are broadly intended to and options exchanges and are equitable discriminatory because it, like the QIP incentivize participants to increase their because they are open to all Members on generally, is aimed to incentivize active participation on the Exchange, which an equal basis and provide additional market making on the Exchange. will increase the liquidity and market benefits or discounts that are reasonably Lastly, the Exchange believes that quality on the Exchange, which will related to the value to an exchange’s replacing references to ‘‘NBMM’’ with then further enhance the Exchange’s market quality associated with higher ‘‘Away MM’’ is reasonable, fair and ability to compete with other exchanges. levels of market activity, such as higher equitable and non-discriminatory levels of liquidity provision and/or (C) Self-Regulatory Organization’s because it is non-substantive designed Statement on Comments on the growth patterns, and introduction of to make the fee schedule as clear and Proposed Rule Change Received From higher volumes of orders into the price easily understandable as possible. The Members, Participants or Others and volume discovery processes. proposed changes would enable the Specifically, the Exchange believes Exchange to use consistent terminology The Exchange has not solicited, and the changes to the Firm, Broker Dealer, throughout the fee schedule. With this and Joint Back Office Penny Pilot Add does not intend to solicit, comments on change, the Exchange does not propose this proposed rule change. The Volume Tier 3 and Away Market Maker to amend the criteria necessary to meet Penny Pilot Add Volume Tier 2 are Exchange has not received any written the tier or the amount of the rebate comments from members or other reasonable, fair and equitable and non- provided. discriminatory, for the reasons set forth interested parties. (B) Self-Regulatory Organization’s III. Date of Effectiveness of the 18 The Exchange initially filed the proposed Statement on Burden on Competition Proposed Rule Change and Timing for change on April 1, 2016 (SR–BatsBZX–2016–05). On April 7, 2016, the Exchange withdrew SR– The Exchange believes the proposed Commission Action BatsBZX–2016–05 and submitted this filing. amendments to its fee schedule would 19 15 U.S.C. 78f. not impose any burden on competition The foregoing rule change has become 20 15 U.S.C. 78f(b)(4). that is not necessary or appropriate in effective pursuant to Section 19(b)(3)(A)
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of the Act 21 and paragraph (f) of Rule submissions. You should submit only proceedings to determine whether the 19b–4 thereunder.22 At any time within information that you wish to make proposed rule change should be 60 days of the filing of the proposed rule available publicly. All submissions disapproved. The 45th day for this filing change, the Commission summarily may should refer to File Number SR– is April 21, 2016. temporarily suspend such rule change if BatsBZX–2016–06 and should be The Commission is extending this 45- it appears to the Commission that such submitted on or before May 12, 2016. day time period. The Commission finds action is necessary or appropriate in the For the Commission, by the Division of public interest, for the protection of that it is appropriate to designate a Trading and Markets, pursuant to delegated longer period within which to take investors, or otherwise in furtherance of authority.23 action on the proposed rule change so the purposes of the Act. Brent J. Fields, that it has sufficient time to consider the Secretary. IV. Solicitation of Comments comment received on the proposal. Interested persons are invited to [FR Doc. 2016–09204 Filed 4–20–16; 8:45 am] BILLING CODE 8011–01–P Accordingly, pursuant to Section submit written data, views, and 19(b)(2) of the Act,6 the Commission arguments concerning the foregoing, designates June 3, 2016, as the date by including whether the proposed rule SECURITIES AND EXCHANGE which the Commission should approve, change is consistent with the Act. COMMISSION disapprove, or institute proceedings to Comments may be submitted by any of determine whether to disapprove the the following methods: [Release No. 34–77635; File No. SR–FINRA– 2016–010] proposed rule change (File No. SR Electronic Comments FINRA–2016–010). Self-Regulatory Organizations; • Use the Commission’s Internet For the Commission, by the Division of Financial Industry Regulatory comment form (http://www.sec.gov/ Trading and Markets, pursuant to delegated Authority, Inc.; Notice of Designation rules/sro.shtml); or authority.7 • of Longer Period for Commission Send an email to rule-comments@ Brent J. Fields, sec.gov. Please include File Number SR– Action on a Proposed Rule Change To BatsBZX–2016–06 on the subject line. Adopt FINRA Rule 4554 (Alternative Secretary. Trading Systems—Recording and [FR Doc. 2016–09207 Filed 4–20–16; 8:45 am] Paper Comments Reporting Requirements of Order and BILLING CODE 8011–01–P • Send paper comments in triplicate Execution Information for NMS Stocks) to Secretary, Securities and Exchange Commission, 100 F Street NE., April 15, 2016. SECURITIES AND EXCHANGE Washington, DC 20549–1090. On February 29, 2016, the Financial COMMISSION Industry Regulatory Authority, Inc. All submissions should refer to File (‘‘FINRA’’) filed with the Securities and Number SR–BatsBZX–2016–06. This file Exchange Commission (‘‘Commission’’), [Release No. 34–77628; File No. SR–OCC– number should be included on the pursuant to Section 19(b)(1) of the 2016–801] subject line if email is used. To help the Securities Exchange Act of 1934 Commission process and review your Self-Regulatory Organizations; The (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a comments more efficiently, please use Options Clearing Corporation; Notice proposed rule change to require only one method. The Commission will of Filing of an Advance Notice Related alternative trading systems (‘‘ATSs’’) to post all comments on the Commission’s submit additional order information to to the Adoption of an Options Internet Web site (http://www.sec.gov/ FINRA. The proposed rule change was Exchange Risk Control Standards rules/sro.shtml). Copies of the published for comment in the Federal Policy submission, all subsequent Register on March 7, 2016.3 The amendments, all written statements April 15, 2016. Commission received one comment with respect to the proposed rule letter on the proposal.4 Pursuant to Section 806(e)(1) of Title change that are filed with the Section 19(b)(2) of the Act 5 provides VIII of the Dodd-Frank Wall Street Commission, and all written that, within 45 days of the publication Reform and Consumer Protection Act, communications relating to the of the notice of the filing of a proposed entitled the Payment, Clearing, and proposed rule change between the rule change, or within such longer Settlement Supervision Act of 2010 1 Commission and any person, other than period up to 90 days as the Commission (‘‘Payment, Clearing and Settlement those that may be withheld from the may designate if it finds such longer Supervision Act’’) and Rule 19b– public in accordance with the period to be appropriate and publishes 4(n)(1)(i) under the Securities Exchange provisions of 5 U.S.C. 552, will be its reasons for so finding or as to which 2 available for Web site viewing and Act of 1934, notice is hereby given that the self-regulatory organization on March 4, 2016, The Options Clearing printing in the Commission’s Public consents, the Commission shall approve Reference Room, 100 F Street NE., Corporation (‘‘OCC’’) filed with the the proposed rule change, disapprove Securities and Exchange Commission Washington, DC 20549, on official the proposed rule change, or institute business days between the hours of (‘‘Commission’’) the advance notice as described in Items I and II below, which 10:00 a.m. and 3:00 p.m. Copies of the 23 17 CFR 200.30–3(a)(12). Items have been prepared by OCC. The filing also will be available for 1 15 U.S.C. 78s(b)(1). inspection and copying at the principal 2 17 CFR 240.19b–4. Commission is publishing this notice to office of the Exchange. All comments 3 See Securities Exchange Act Release No. 77269 solicit comments on the advance notice received will be posted without change; (March 1, 2016), 81 FR 11851 (March 7, 2016). from interested persons. the Commission does not edit personal 4 See Letter to the Secretary from Theodore R. Lazo, Managing Director and Associate General 6 identifying information from Counsel, Securities Industry and Financial Markets Id. Association (‘‘SIFMA’’), dated April 1, 2016 7 17 CFR 200.30–3(a)(31). 21 15 U.S.C. 78s(b)(3)(A). (‘‘SIFMA Letter’’). 1 12 U.S.C. 5465(e)(1). 22 17 CFR 240.19b–4(f). 5 15 U.S.C. 78s(b)(2). 2 17 CFR 240.19b–4(n)(1)(i).
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I. Clearing Agency’s Statement of the (B) Advance Notice Filed Pursuant to entities and resultant damage to OCC. Terms of Substance of the Advance Section 806(e) of the Payment, Clearing The options market is not immune to Notice and Settlement Supervision Act the harmful effects of erroneous Purpose of the Proposed Change transactions, and in fact OCC is more This advance notice by The Options susceptible than other financial market Clearing Corporation (‘‘OCC’’) would Background entities to the risks attendant thereto by adopt a new Options Exchange Risk OCC proposes to adopt a new Options virtue of: (i) Its role as a guarantor of all Control Standards Policy (‘‘Policy’’), Exchange Risk Control Standards options transactions that are novated, which details OCC’s policy for Policy, which is designed to better and (ii) its lack of discretion to elect not addressing the potential risks arising protect OCC against risks related to to clear transactions executed on from erroneous trades executed on an erroneous transactions that may occur Options Exchanges. OCC believes that options exchange (‘‘Options Exchange’’ on Options Exchanges that have not Options Exchanges that apply the Risk or ‘‘Options Exchanges,’’ as applicable) 3 implemented Risk Controls that are Control Standards to all transactions that has not demonstrated the existence consistent with a defined set of executed on such Options Exchanges of certain risk controls (‘‘Risk Controls’’) principles-based Risk Control are better equipped to capture and that are consistent with a set of Standards, which were developed by eradicate erroneous and potentially principles-based risk control standards OCC in consultation with the disruptive transactions at the Options Exchange level, thereby reducing the (‘‘Risk Control Standards’’) developed exchanges, and that are sent to OCC for likelihood that the risk inherent in such by OCC in consultation with the a guarantee. The proposed Policy would, among other things, impose an erroneous and potentially disruptive exchanges. The proposed change would trades is transferred to OCC, its other additional Fee on cleared trades that are also revise OCC’s Schedule of Fees in Clearing Members, and the financial executed on an Options Exchange that accordance with the proposed policy to markets served by OCC. Furthermore, has not certified the existence of Risk charge and collect from Clearing and as discussed in more detail below, 4 Controls that meet the Risk Control Members a fee of two cents per each OCC believes this proposal is Standards in the following categories: (i) cleared options contract (per side) complementary to efforts undertaken by ‘‘Price Reasonability Checks;’’ (ii) ‘‘Drill- (‘‘Fee’’) executed on an Options the Commission to strengthen critical Through Protections;’’ (iii) ‘‘Activity- Exchange that did not demonstrate market infrastructure and improve its Based Protections;’’ and (iv) ‘‘Kill- sufficient Risk Controls designed to resilience, consistent with current Switch Protections’’ (in each case meet the proposed Risk Control Commission requirements 5 and discussed more thoroughly below) along Standards. international guidance,6 and in with OCC’s review to determine if the furtherance of remarks made by Chair II. Clearing Agency’s Statement of the Risk Controls are consistent with the White after the latest in a series of Purpose of, and Statutory Basis for, the Risk Control Standards. The Policy prominent market disruptions to Advance Notice would also require that any funds encourage self-regulatory organizations collected from the Fee be retained as to consider such complementary In its filing with the Commission, earnings and, as such, be eligible for use efforts.7 OCC included statements concerning for Clearing Member defaults under the purpose of and basis for the advance Article VIII, Section 5(d) of OCC’s By- 5 See Clearing Agency Standards, Securities notice and discussed any comments it Laws but prohibit such funds from Exchange Act Release No. 68080 (Oct. 22, 2012), 77 received on the advance notice. The text being used for any other purpose. OCC FR 66220 (Nov. 2, 2012). More specifically, the of these statements may be examined at also proposes revisions to its Schedule Release states, ‘‘The Commission notes however that under the places specified in Item IV below. of Fees to implement the Fee. Section 17A(b)(3)(F) of the Exchange Act, a clearing OCC has prepared summaries, set forth OCC believes that the implementation agency is charged with responsibility to coordinate in sections (A) and (B) below, of the of Risk Controls that are consistent with with persons engaged in the clearance and the proposed principles-based Risk settlement of securities transactions, not just other most significant aspects of these clearing agencies. . . Further, the Commission notes statements. Control Standards at Options Exchanges that during the clearance and settlement process, a would guard against risks attendant to registered clearing agency is confronted with a (A) Clearing Agency’s Statement on erroneous transactions on such Options variety of risks that must be identified and Comments on the Advance Notice Exchanges and serve OCC, its Clearing understood if they are to be effectively controlled. To the extent that these risks arise as a result of a Received From Members, Participants or Members, and the financial markets registered clearing agency’s links with another Others OCC serves by helping to ensure the entity involved in the clearance and settlement potential significant financial impact process, Rule 17Ad–22(d)(7) should help ensure Written comments were not and are and elevated risk of disruption resulting that clearing agencies have policies and procedures not intended to be solicited with respect designed to identify those risks.’’ from erroneous transactions is limited to Id. at 66251. to the proposed change and none have the greatest extent possible. As a 6 See Principle 20 of the Committee on Payment been received. systemically important financial market and Settlement Systems and Technical Committee utility and the sole clearing agency for of the International Organization of Securities Commissions (‘‘CPSS–IOSCO’’), Principles for the US listed options markets, OCC Financial Market Infrastructures (April 16, 2012), 3 Current Options Exchanges are: (i) BATS seeks to control risks presented to it that available at http://www.bis.org/publ/cpss101a.pdf Options Market, (ii) Box Options Exchange LLC, might have the effect of disrupting (‘‘PFMI Report’’). (iii) C2 Options Exchange, Inc., (iv) Chicago Board routine processes at OCC, and thus 7 See SEC Chair White Statement on Meeting with Options Exchange, Inc., (v) EDGX Options threatening the stability of the financial Leaders of Exchanges, September 12, 2013. (‘‘Today’s meeting was very constructive. I stressed Exchange, (vi) International Securities Exchange, system of the United States. As LLC, (vii) ISE Gemini LLC, (viii) ISE Mercury, LLC, the need for all market participants to work (ix) MIAX Options Exchange, (x) NASDAQ OMX described in more detail below, there collaboratively—together and with the Commission—to strengthen critical market BX, Inc., (xi) NASDAQ OMX PHLX, LLC, (xii) have been numerous cases in the recent infrastructure and improve its resilience when NASDAQ Options Market, (xiii) NYSE Amex past where erroneous transactions have technology falls short.’’) See also Chair White, Options, and (xiv) NYSE Arca Options. occurred that could have caused Statement on Nasdaq Trading Interruption, August 4 See Article I, Section 1 of OCC’s By-Laws. substantial damage to financial market Continued
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Proposed Options Exchange Risk orders,11 and market maker quotes from If these potential losses were realized Control Standards Policy being entered and displayed on an and if the OCC Clearing Member Under the proposed Policy, if an Options Exchange if the price on such clearing and settling those trades was Options Exchange does not submit a order or quote is outside a defined unable to honor them, OCC and its signed certification sufficiently threshold set in relation to the current remaining Clearing Members would demonstrating that it has certain Risk market price or National Best Bid or have been exposed to significant losses 12 Controls in place that are consistent Offer (‘‘NBBO’’). For example, an and a potential disruption to the with the proposed Risk Control Options Exchange may set a Price operations of OCC. Reasonability Check that would reject Standards, OCC will charge and collect 2. Drill-Through Protections a fee 8 in accordance with its Schedule an order that is priced at a certain of Fees for each trade executed on such percentage above the set parameter or a Drill-Through Protections are closely Options Exchange until such time that quote entered by a market maker that is related to Price Reasonability Checks the Options Exchange completes the priced a certain dollar amount higher and would require all orders, including 13 15 certification process, which is described than the set threshold. Options market orders, limit orders, and in more detail below. Funds collected Exchanges’ Price Reasonability Checks complex orders, to be executed within through the imposition of the Fee are would include: pre-determined price increments of the segregated for recordkeeping purposes (i) Mandatory limit order, complex NBBO. Drill-Through Protections also from other funds generated by clearing order and quote Price Reasonability restrict orders from immediately trading fees and would not be available for a Checks; up or down an unlimited number of (ii) Application to all trading sessions, Clearing Member refund or Stockholder price intervals and allow market including market openings; and Exchange dividend under OCC’s liquidity to be refreshed prior to the (iii) If the checks do not prevent the execution of further trades.16 Options approved Capital Plan. These funds display and execution of quotes, the would be available for use by OCC, with Exchanges’ Drill-Through Protections Options Exchange would have other would include: unanimous approval by the Stockholder means by which it mitigates the risks Exchanges, in accordance with Article (i) Mandatory Drill-Through 9 associated with the display and Protections with reasonably quantifiable VIII, Section 5(d) of OCC’s By-Laws execution of quotes outside the specific and as provided for in the Policy. limits; threshold. (ii) Application to all orders; and Risk Control Standards Trades executed on an Options (iii) Application to all trading The proposed Options Exchange Risk Exchange that occur at prices that were sessions, including market openings. Control Standards Policy details each of input erroneously and are substantially Options orders that are large in size the Risk Control Standards to which an removed from other trades executed in may, due to the available contra orders, Options Exchange must attest so that the the same product have the potential to be partially executed at reasonable proposed Fee would not be applied to result in large trading losses. In 2013, a prices with the remainder of the same trades executed on that Options trading firm’s internal algorithm used to order executed at prices that are far from Exchange. The proposed Risk Control satisfy market demand for equity the NBBO, and thus have the potential Standards, which were developed by options inadvertently produced orders to result in large trading losses. For OCC in consultation with the Options with inaccurate price limits and sent example, in 2012, a trading firm Exchanges, are principle-based and those orders to Options Exchanges erroneously sent more than 4 million designed to provide the flexibility for (‘‘2013 Trading Firm Error’’). Though orders to equity exchanges over a period each Options Exchange to develop many of the erroneous trades were later of forty-five minutes, creating a loss of specific Risk Controls that best suit its canceled, it has been estimated that the over $450 million that nearly resulted in own marketplace while still guarding trading firm could have faced the trading firm’s insolvency (‘‘2012 against the types of risks contemplated approximately $500 million in losses.14 Trading Firm Error’’ and collectively by the Policy. The proposed Risk with the 2013 Trading Firm Error, the Control Standards are described below. contracts at a specified price or better. (See, e.g., ‘‘Trading Firm Errors’’).17 If the trading International Securities Exchange Rule 715(b).) firm was unable to absorb the loss and 1. Price Reasonability Checks 11 A complex order is an order involving the execution of two or more different options series in honor the trades, the clearing agency Mandatory Price Reasonability Checks the same underlying security occurring at or near prevent limit orders,10 complex the same time. (See, e.g., Chicago Board Options 15 A market order is an order to buy or sell a Exchange Rule 6.53C(a)(1).) stated number of options contracts at the best price 12 22, 2013. (‘‘The continuous and orderly functioning Examples herein are illustrative only, and the obtainable when the order reaches the Options of the securities markets is critically important to specifics of such examples are not necessarily Exchange in which the order was sent to. (See, e.g. the health of our financial system and the required for an Options Exchange to certify having Chicago Board Options Exchange Rule 6.53.) confidence of investors. Today’s interruption in specific Risk Controls sufficient to meet the Risk 16 By way of example, assume the market is $1.00 trading, while resolved before the end of the day, Control Standards. bid at $1.10 and the size, or liquidity provided on was nonetheless serious and should reinforce our 13 By way of example, assume the market is $1.00 the bid, or offered on the ask, is 100 contracts by collective commitment to addressing technological bid at $1.10. An Options Exchange Price 100 contracts. Assume an order is entered as a vulnerabilities of exchanges and other market Reasonability Check could reject orders greater than market order to buy 1000 contracts and the Drill- participants.’’) 5 cents above the offer or below the bid. Through Protection is set at 5 cents and 500 8 OCC is proposing to collect a fee of two cents Accordingly, if a broker wanted to buy an option milliseconds (or half a second). The Drill-Through per each cleared options contract (per side). Any for $1.10, but inadvertently ‘‘fat fingers’’ the limit Protection would allow the order to trade up to the changes to this fee would be subject to a future rule price for $11.00 on the order, the Options Exchange price limit set, or $1.15. At $1.15, the order would filing with the Commission. would reject the order prior to execution because be halted by the Options Exchange and either 9 See Article VIII, Section 5(d). Under Article VIII, the limit on the order is greater than the Price routed to another Options Exchange or manually Section 5(d), usage of current or retained earnings Reasonability Check limit. executed. Also, after executing 100 contracts for may be considered after the defaulting clearing 14 See In the Matter of Goldman, Sachs & Co., $1.10, the Drill-Through Protection would member’s margin has been exhausted, and it may Order Instituting Administrative and Cease-and- temporarily halt the order for 500 milliseconds (or be used to reduce in whole or in part the pro rata Desist Proceedings, Pursuant to Sections 15(9b) and half a second) to allow market makers to refresh contribution otherwise made from the Clearing 21C of the Securities Exchange Act of 1934, Making their market and size. Fund to cover the loss. Id. Findings, and Imposing Remedial Sanctions and a 17 See http://www.reuters.com/article/2012/10/ 10 A limit order is an order placed on an Options Cease-and-Desist Order (Jun. 30, 2015) (Release No. 17/us-knightcapital-results- Exchange to buy or sell a specific amount of options 34–75331). idUSBRE89G0HI20121017.
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and its surviving Clearing Members Options Exchange due to an abnormally Exchange.19 Provided notice of no would have been exposed to significant large order or manual errors in the objection and all regulatory approvals losses and a potential disruption to their system by a market participant causing are received, Options Exchanges that operations. While detailed facts multiple erroneous trades to occur. Kill- submit documentation would receive a surrounding the incident are not Switch Protections are considered a last determination from OCC regarding their publicly known, Drill-Through line of defense, applicable where, for Risk Controls by a date not sooner than Protections could have helped limit the example, a severe trading problem June 30 of each year (‘‘Evaluation losses by preventing execution of orders occurs or an Options Exchange market Completion Date’’).20 that would have traded through a large participant loses connectivity to the Under the Policy, OCC would number of price increments in a short Options Exchange. Options Exchanges’ evaluate each Options Exchange’s Risk period of time. Kill-Switch Protections would include: Controls and the Risk Controls’ compliance with the Risk Control 3. Activity-Based Protections (i) The availability, and required use in the case of Options Exchange market Standards by the Evaluation Completion Activity-Based Protections extend an makers, of ‘‘heartbeat monitoring,’’ a Date based on a review of its Options Exchange’s Risk Controls to function that periodically sends an certification and supporting materials, factors beyond price and are most electronic signal between the Options which will include, but will not be commonly designed to address risks Exchange and the market participant limited to, proposed rule changes filed associated with a high frequency of that subsequently cancels all quotes with the Commission, approved Options trades in a short period of time. and/or orders if the market participant Exchange rules, information circulars, Activity-Based Protections may address does not respond to the signal in a and/or written procedures, if any, in the maximum number of contracts that certain period of time; each case consistent with the date of may be entered as one order, the (ii) The ability for participants of the receipt of the certification. If OCC is maximum number of contacts that may Options Exchange to ‘‘cancel-on- unable to determine that an Options be entered or executed by one firm over disconnect’’; Exchange has Risk Controls sufficient to a certain period of time, and the (iii) The ability to cancel all quotes meet Risk Control Standards, OCC maximum number of messages that may and/or orders with a single message to would furnish the Options Exchange be entered over a certain period of time. the Options Exchange, with the with a concise written statement of the Options Exchanges’ Activity-Based availability of backup alternative reason(s) as soon as reasonably Protections would include: messaging systems; and practicable. The Options Exchange may, (i) Application to all traded products (iv) Restricted automated reentry to within 30 days of receipt of the written available on the Options Exchange; trading after the activation of a kill- statement providing the reason OCC was (ii) Mandatory use of available switch. unable to find the Options Exchange Activity-Based Protections by its Trades executed on Options maintained sufficient Risk Controls to members where the use of such Exchanges without Kill-Switch meet the proposed Risk Control protections is consistent with sound risk Protections increase the risk that trading Standards, present further evidence of management practice; and malfunctions or other harmful events such sufficient Risk Controls to OCC. (iii) Maximum number of contracts or could lead to erroneous trades being OCC would then conduct a second orders that may be executed over a executed on an Options Exchange and review and make a recommendation to certain period of time. OCC’s Risk Committee 21 whether the Options Exchanges that don’t have sent to OCC for clearance and Options Exchange has sufficient Risk Activity-Based Protections have a settlement. If the Clearing Member for Controls within 30 days of receiving the greater likelihood of facilitating these trades was not able to absorb evidence of such Risk Controls from the erroneous trades by not imposing limits losses associated with them, it could Options Exchange. OCC’s Risk based on factors other than price. potentially expose OCC and its surviving Clearing Members to Trading errors that result in a large 19 The signed certification signed by an executive number of orders or quotes could significant losses and a disruption of operations. For example, the potential officer of the Options Exchange will attest to the magnify the trading losses that result validity, efficacy and implementation of Risk from the error and could cause the severity of the 2012 Trading Firm Error Controls satisfying each of the above described Risk could have been substantially limited if Control Standards. As part of the certification, the default of a Clearing Member if the executive officer of the Options Exchange will Clearing Member cannot meet its a Kill-Switch Protection temporarily restricted the trading firm’s ability to certify that the Options Exchange has met the Risk obligations due to such losses. For Control Standards as described in this Advance example, Activity-Based Protections trade. Notice. 20 could have limited the loss associated Certification Process 18 OCC notes that the implementation of the Policy and resulting Evaluation Completion Date for with the 2013 Trading Firm Error OCC has developed, in conjunction 2016 are subject to receiving no objection from the mentioned above. Commission and all necessary regulatory approvals. with the Options Exchanges, the After receiving no objection and all necessary 4. Kill-Switch Protections following process to evaluate each regulatory approvals, OCC will notify Options Kill-Switch Protections provide Options Exchange’s Risk Controls. Exchanges, its Clearing Members, and market Under the proposal, each Options participants of the Evaluation Completion Date for Options Exchanges, and their market 2016 by issuing an Information Memo on its public participants, with the ability to cancel Exchange would certify to OCC that the Web site. The Evaluation Completion Date for 2016 existing orders and quotes and/or block Options Exchange implemented Risk will be set for a date not sooner than 30 days after new orders and quotes on an exchange- Controls consistent with the Risk issuing the Information Memo (which may be later than June 30, 2016). wide or more tailored basis (e.g., symbol Control Standards using a form provided by OCC and signed by an 21 OCC’s Risk Committee is chaired by a public specific, by Clearing Member, etc.) with Director and it does not currently have an Options a single message to the Options executive officer of the Options Exchange representative. In the event OCC’s Risk Exchange after established trigger events Committee has an exchange representative at some 18 OCC intends to begin the collection of time in the future, such representative would be are detected. A trigger event may certifications from the Options Exchanges after recused from a decision on the appeal of a include a situation where a market appropriate regulatory approvals/non objection has determination of an Options Exchange’s compliance participant is disconnected from an been obtained. with the Risk Control Standards.
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Committee would, within 30 days of remain posted on OCC’s Web site to (‘‘Regulation SCI,’’ collectively with receipt of the recommendation, review which Clearing Members (but not the ‘‘Market Access Rule,’’ ‘‘Market Integrity the recommendation and the Options general public) have access, until the Rules’’) 29 provide some requirements Exchange’s supporting materials, as Options Exchange has demonstrated it for the resiliency of critical market appropriate, to determine whether the has Risk Controls that satisfy the infrastructures. The Market Access Rule, Options Exchange has Risk Controls Policy.26 OCC believes that which was adopted in November, 2010, sufficient to meet the Risk Control implementing this Fee may incentivize generally prohibits broker-dealers from Standards (‘‘Risk Committee Review’’). Options Exchanges to maintain Risk providing ‘‘unfiltered’’ or ‘‘naked OCC would furnish the Options Controls that are consistent with the access’’ to the securities markets Exchange with a concise written proposed Risk Control Standards, through an exchange or automated statement of the Risk Committee thereby reducing the likelihood that trading system. To comply, broker- determination and the reason for such erroneous trades are submitted to OCC dealers must establish and maintain a determination as soon as reasonably and the attendant risk identified above system of risk management controls and practicable following the Risk comes to fruition.27 However, the supervisory procedures that are Committee Review. primary reason for the Fee is to provide reasonably designed to systematically Pursuant to the proposed Policy, on additional funds for OCC to manage the limit the financial, regulatory, and other June 30 of each year (with the potential elevated risk that would be presented to risks related to the business activity of exception of 2016, as noted above),22 OCC absent the Risk Control Standards any customer utilizing the broker-dealer OCC would post a notice to its Web site and for which OCC has no reasonable for access to the national market system. to which Clearing Members (but not the means to predict, measure, or consider OCC believes that the Risk Control general public) have access advising otherwise. OCC believes the Fee is Standards contemplated by the Policy Clearing Members, with respect to each reasonable, as it represents less than are in no way designed to interfere with, Options Exchange, whether: (1) The half but more than a third of a premium contradict, or undermine the Market Options Exchange has implemented over the base rate of five cents per Access Rule and are in fact designed to sufficient Risk Controls to meet the Risk contract, and, since clearing fees be complementary to the Market Access Control Standards; (2) OCC was unable represent two percent or less of the total Rule. The proposed Risk Control to determine the Options Exchange has execution cost, should not materially Standards, which are based upon sufficient Risk Controls that meet the impact a Clearing Member that chooses calculated prices of orders, bids, and Risk Control Standards; or (3) a to execute a transaction on an Options offers, and activity of each Options certification has not been submitted by Exchange that has not certified its Risk Exchange participant, as described in 23 the Options Exchange. Control Standards. more detail above, would provide an Collection of Proposed Fee OCC believes ensuring that funds additional layer of protections at the collected through imposition of the Fee Options Exchange level to guard against Beginning on the first business day are available for use as current or the risks associated with erroneous that is at least 60 days after OCC posts retained earnings in accordance with trades and would thereby complement such notice, OCC would charge and Article VIII Section 5(d) of OCC’s By- the Market Access Rule, which is collect the Fee in accordance with the Laws is an integral component of the primarily aimed at controlling access to Policy for trades executed on an Options the marketplace at the firm level. While Exchange that was determined not to proposed change, as it provides OCC with increased financial means to cover the Market Access Rule has no doubt have sufficient Risk Controls to satisfy contributed to a more resilient market 24 potential losses stemming from a default the Policy. In the event the Fee is infrastructure, OCC believes there charged, it would continue to be caused by erroneous trades that would be presented to OCC absent the Risk remain gaps in critical market charged to and collected from Clearing infrastructure with respect to erroneous Members,25 and the notice would Controls and for which OCC has no reasonable means to predict, measure, transactions that should be addressed; in fact, each of the Trading Firm Errors 22 or consider. See supra note 20. discussed above occurred while the 23 For annual certifications commencing in 2017 Exception and Escalation Processes and thereafter, beginning June 30 of the calendar Market Access Rule was in place. year for which the certification is being made, OCC The proposed Policy also provides In addition, OCC believes that the would post a notice to its Web site to which that, on rare occasion, OCC may grant Risk Control Standards complement Clearing Members (but not the general public) have Regulation SCI. Regulation SCI is access advising members, with respect to each exceptions to the Policy in order to Options Exchange, whether: (i) OCC has determined appropriately address immediate focused on the need for market the Options Exchange has sufficient Risk Controls business issues and provides for an participants to bolster the operational that meet the Risk Control Standards; (ii) OCC was integrity of automated systems, whereas unable to determine the Options Exchange has escalation process to report breaches of sufficient Risk Controls that meet the Risk Control the Policy. the Risk Control Standards are designed Standards; or (iii) a certification has not been to adopt more granular controls around submitted by the Options Exchange. In addition, Commission Rules and Statements on the actual entry of an order that occurs OCC will continue to keep a record posted of the Critical Market Infrastructure outside the four walls of OCC before a history of each Options Exchange’s compliance submission status, and any changes made to that Exchange Act Rule 15c3–5 (‘‘Market trade is settled or cleared by OCC. As status, with the Risk Control Standards on the same Access Rule’’) 28 and Regulation such, OCC believes the Risk Control OCC Web site to which Clearing Members (but not Systems Compliance and Integrity Standards set specific standards to the general public) have access in order for Clearing Members to properly keep internal records. better further the intent of Regulation 26 24 Exhibit 5A contains an updated Schedule of The National Operations Group is responsible SCI. Regulation SCI mandates that an Fees reflecting the Fee. As proposed, the Fee will for operationally updating each Options Exchange’s applicable entity have reasonable be applied to all trades executed on an Options certification status, and associated Fee date, as policies, procedures, and controls in Exchange that has not completed the certification applicable, within the OCC system. process. 27 OCC notes, however, that an Options Exchange place to ensure the integrity of its 25 The Accounting and Finance Department is that does not maintain Risk Controls consistent responsible for the collection of the Fee and with the Risk Control Standards is not prevented 29 See Securities Exchange Act Release No. 73639 segregation of those funds from other monies from submitting transactions to OCC. (November 19, 2014), 79 FR 72252 (December 5, collected by OCC. 28 See 17 CFR 240.15c3–5. 2014) (Reg SCI Adopting Release).
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systems, but the rule doesn’t necessarily Standards described above is consistent Commission has any objection to the prescribe what those controls should be. with Section 805(b)(1) of the Payment, advance notice. As proposed, the Risk Control Standards Clearing and Settlement Supervision The Commission may extend the complement the objectives of Regulation Act 34 because the proposed change period for review by an additional 60 SCI by applying specific risk controls would promote robust risk management. days if the advance notice raises novel related to the execution of trades on By imposing a Fee on trades executed or complex issues, subject to the Options Exchanges. Because the Risk on Options Exchanges that do not have Commission providing OCC with Control Standards would act to further adequate Risk Control Standards, OCC prompt written notice of the extension. the intentions of the Market Integrity is attempting to protect itself against the An advance notice may be implemented Rules, rather than undermine or act risks associated with clearing and in less than 60 days from the date the contrary to them, OCC believes the settling trades that have an increased advance notice is filed, or the date implementation of the Risk Controls by risk of being erroneous and potentially further information requested by the Options Exchanges consistent with the disruptive to OCC. With the proposed Commission is received, if the proposed Risk Control Standards would Fee and Risk Control Standards, OCC is Commission notifies OCC in writing promote market resiliency when attempting to prevent market that it does not object to the advance working alongside these Market disruptions at the exchange level by notice and authorizes OCC to Integrity Rules. implementing consistent Risk Control implement the advance notice on an Finally, OCC believes the proposed Standards across all Options Exchanges, earlier date, subject to any conditions Risk Control Standards are consistent thereby promoting robust risk imposed by the Commission. with Commission rules requiring management. The clearing agency shall post notice clearing agencies to establish and on its Web site of proposed changes that enforce written policies reasonably Anticipated Effect on and Management of Risk are implemented. designed to evaluate the potential The proposal shall not take effect sources of risks that can arise when the As discussed above and throughout until all regulatory actions required clearing agency establishes links to clear the rule proposal, OCC believes that with respect to the proposal are and settle trades, and to ensure that charging an additional fee for trades completed. these risks are managed prudently on an executed on Options Exchanges that ongoing basis.30 have not implemented Risk Controls IV. Solicitation of Comments OCC also notes that the proposed Risk consistent with the proposed Risk Interested persons are invited to Control Standards are principle-based in Control Standards would mitigate submit written data, views, and nature and do not prescribe any specific potential risks to OCC, its Clearing arguments concerning the foregoing. method for satisfying the standards, Members, and the financial markets Comments may be submitted by any of which would allow each Options OCC serves, and mitigate any threat to the following methods: Exchange to develop specific Risk the stability of the financial system of Electronic Comments Controls that are best suited for its the United States. OCC believes the marketplace. Moreover, the adoption of potential harm from the recent market • Use the Commission’s Internet any Risk Control that would be deemed disruptions described above would have comment form (http://www.sec.gov/ to be a ‘‘rule of an exchange’’ 31 under been limited if Risk Control Standards rules/sro.shtml); or the Securities Exchange Act of 1934, as were in place on the exchanges on • Send an email to rule-comments@ amended (the ‘‘Act’’), would be subject which they occurred. As discussed sec.gov. Please include File Number SR– to the rule filing requirements of Section above, OCC believes that market OCC–2016–801 on the subject line. 32 19(b) of the Act and thereby subject to disruptions of this nature present Paper Comments review by the Commission before it additional risk to OCC for which it has • could be implemented by the Options no other means to reasonably predict, Send paper comments in triplicate Exchange.33 measure, or consider, and as a result to Secretary, Securities and Exchange presents otherwise uncovered risk to Commission, 100 F Street NE., Consistency With the Payment, Clearing Washington, DC 20549–1090. and Settlement Supervision Act OCC’s Clearing Members and the financial markets OCC serves and, if left All submissions should refer to File OCC believes that the proposed unchecked, could threaten the stability Number SR–OCC–2016–801. This file change concerning Risk Control of the financial system of the United number should be included on the States. The imposition of the proposed subject line if email is used. To help the 30 See 17 CFR 240.17Ad–22(d)(7). OCC notes that Fee would provide additional financial Commission process and review your these links are not limited in scope to linkages comments more efficiently, please use between clearing agencies. See supra note 5 at resources to help OCC mitigate such 66250–66251. risks. only one method. The Commission will 31 See 15 U.S.C. 78c(a)(27). post all comments on the Commission’s 32 15 U.S.C. 78(s)(b). III. Date of Effectiveness of the Advance Internet Web site (http://www.sec.gov/ 33 Certain Options Exchanges have already filed Notice and Timing for Commission rules/sro.shtml). Copies of the proposed rule changes, and received approval for Action submission, all subsequent such rule changes, with the Commission to implement risk controls that are designed to guard The advance notice may be amendments, all written statements against the same types of risks contemplated by the implemented if the Commission does with respect to the advance notice that Risk Control Standards. See, e.g., Securities not object to the advance notice within are filed with the Commission, and all Exchange Act Release No. 76123 (October 16, 2015), 60 days of the later of (i) the date that written communications relating to the 80 FR 62591 (October 16, 2015) (SR–NASDAQ– 2015–096) (Order Approving Proposed Rule Change the advance notice was filed with the advance notice between the to Adopt a Kill Switch for NOM). See also Commission or (ii) the date that any Commission and any person, other than Securities Exchange Act Release No. 77092 additional information requested by the those that may be withheld from the (February 9, 2016), 81 FR 7873 (February 16, 2016) Commission is received. OCC shall not public in accordance with the (SR–BOX–2016–03) (Notice of Filing and provisions of 5 U.S.C. 552, will be Immediate Effectiveness of a Proposed Rule Change implement the advance notice if the to Add Rule 7310 (Drill-through Protection) to available for Web site viewing and Implement a New Price Protection Feature). 34 12 U.S.C. 5464(b)(1). printing in the Commission’s Public
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Reference Room, 100 F Street NE., All other information in the original Solicitation of Public Comments Washington, DC 20549, on official declaration remains unchanged. SBA is requesting comments on (a) business days between the hours of (Catalog of Federal Domestic Assistance Whether the collection of information is 10:00 a.m. and 3:00 p.m. Copies of the Number 59008) necessary for the agency to properly filing also will be available for Lisa Lopez-Suarez, perform its functions; (b) whether the inspection and copying at the principal burden estimates are accurate; (c) office of OCC and on OCC’s Web site at Acting Associate Administrator for Disaster Assistance. whether there are ways to minimize the http://www.theocc.com/components/ burden, including through the use of docs/legal/rules_and_bylaws/sr_occ_16_ [FR Doc. 2016–09048 Filed 4–20–16; 8:45 am] automated techniques or other forms of 801.pdf. All comments received will be BILLING CODE 8025–01–P information technology; and (d) whether posted without change; the Commission there are ways to enhance the quality, does not edit personal identifying utility, and clarity of the information. information from submissions. You SMALL BUSINESS ADMINISTRATION should submit only information that Summary of Information Collection you wish to make available publicly. All Data Collection Available for Public Comments Title: Application for Section 504 submissions should refer to File Loan. Number SR–OCC–2016–801 and should AGENCY: Small Business Administration. Description of Respondents: Small be submitted on or before May 12, 2016. Business Lending Companies. By the Commission. ACTION: 60-Day notice and request for Form Number: SBA Form 1244. Brent J. Fields, comments. Total Estimated Annual Responses: Secretary. 9,100. [FR Doc. 2016–09201 Filed 4–20–16; 8:45 am] SUMMARY: The Small Business Total Estimated Annual Hour Burden: BILLING CODE 8011–01–P Administration (SBA) intends to request 21,749. approval, from the Office of Management and Budget (OMB) for the Curtis B. Rich, Management Analyst. SMALL BUSINESS ADMINISTRATION collection of information described below. The Paperwork Reduction Act [FR Doc. 2016–09044 Filed 4–20–16; 8:45 am] [Disaster Declaration #14665 and #14666] (PRA) of 1995, 44 U.S.C. Chapter 35 BILLING CODE 8025–01–P requires federal agencies to publish a Virginia Disaster Number VA–00063 notice in the Federal Register SMALL BUSINESS ADMINISTRATION AGENCY: U.S. Small Business concerning each proposed collection of Administration. information before submission to OMB, [Disaster Declaration #14667 and #14668] ACTION: Amendment 1. and to allow 60 days for public comment in response to the notice. This Louisiana Disaster Number LA–00062 SUMMARY: This is an amendment of the notice complies with that requirement. Presidential declaration of a major AGENCY: U.S. Small Business disaster for Public Assistance Only for DATES: Submit comments on or before Administration. the Commonwealth of VIRGINIA June 20, 2016. ACTION: Amendment 6. (FEMA–4262–DR), dated 03/07/2016. ADDRESSES: Send all comments to Mary Incident: Severe Winter Storm and SUMMARY: This is an amendment of the Frias, Loan Specialist, Office of Presidential declaration of a major Snowstorm. Financial Assistance, Small Business Incident Period: 01/22/2016 through disaster for the State of LOUISIANA Administration, 409 3rd Street SW., (FEMA–4263–DR), dated 03/13/2016. 01/23/2016. Washington, DC 20416. DATES: Effective 04/11/2016. Incident: Severe Storms and Flooding. Physical Loan Application Deadline FOR FURTHER INFORMATION CONTACT: Incident Period: 03/08/2016 through Date: 05/06/2016. Mary Frias, Loan Specialist, Office of 04/08/2016. Economic Injury (EIDL) Loan Financial Assistance, mary.frias@ DATES: Effective 04/08/2016. Application Deadline Date: 12/07/2016. sba.gov 202–401–8234, or Curtis B. Physical Loan Application Deadline ADDRESSES: Submit completed loan Rich, Management Analyst, 202–205– Date: 05/12/2016. applications to: U.S. Small Business 7030, [email protected]. EIDL Loan Application Deadline Date: 12/13/2016. Administration, Processing and SUPPLEMENTARY INFORMATION: This Disbursement Center, 14925 Kingsport information collection, as approved by ADDRESSES: Submit completed loan Road, Fort Worth, TX 76155. OMB for use in SBA’s Certified applications to: U.S. Small Business FOR FURTHER INFORMATION CONTACT: Development Company (504) loan Administration, Processing and A. Escobar, Office of Disaster program, consists of SBA Form 1244 Disbursement Center, 14925 Kingsport Assistance, U.S. Small Business Application for Section 504 Loans and Road, Fort Worth, TX 76155. Administration, 409 3rd Street SW., Form 2450, Eligibility Information FOR FURTHER INFORMATION CONTACT: Suite 6050, Washington, DC 20416. Required for 504 Submission (Non A. Escobar, Office of Disaster SUPPLEMENTARY INFORMATION: The notice PCLP). A statutory change on December Assistance, U.S. Small Business of the President’s major disaster 22, 2015 in the Consolidated Administration, 409 3rd Street SW., declaration for Private Non-Profit Appropriations Act, 2016, made debt Suite 6050, Washington, DC 20416. organizations in the Commonwealth of refinance a permanent part of the 504 SUPPLEMENTARY INFORMATION: The notice VIRGINIA, dated 03/07/2016, is hereby loan program. Slight revisions to the of the President’s major disaster amended to include the following areas currently approved forms are required declaration for the State of LOUISIANA, as adversely affected by the disaster. to reinstate the debt refinance program dated 03/13/2016 is hereby amended to Primary Counties: Fairfax City, requirements that were previously establish the incident period for this Fredericksburg City, Greene, Henrico, removed due to the expiration of the disaster as beginning 03/08/2016 and Shenandoah authority for that program in 2012. continuing through 04/08/2016.
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All other information in the original SMALL BUSINESS ADMINISTRATION SOCIAL SECURITY ADMINISTRATION declaration remains unchanged. Council on Underserved Communities [Docket No. SSA–2015–0061] (Catalog of Federal Domestic Assistance Number 59008) Advisory Board Social Security Ruling 16–4p; Titles II Lisa Lopez-Suarez, AGENCY: U.S. Small Business and XVI: Using Genetic Test Results To Evaluate Disability Acting Associate Administrator for Disaster Administration (SBA). Assistance. ACTION: Notice of open Federal Advisory AGENCY: Social Security Administration. [FR Doc. 2016–09046 Filed 4–20–16; 8:45 am] Committee meetings. ACTION: Notice of Social Security Ruling; BILLING CODE 8025–01–P correction. SUMMARY: The SBA is issuing this notice to announce the location, date, time and SUMMARY: The Social Security SMALL BUSINESS ADMINISTRATION agenda for the initial meeting of the Administration published a document Council on Underserved Communities in the Federal Register of April 13, [Disaster Declaration #14667 and #14668] (CUC) Advisory Board. 2016, in FR Doc. 2016–08467, on page 21949, in the first column; remove the DATES: The meeting will be held on Louisiana Disaster Number LA–00062 reference to SSR 96–7p, Titles II and Monday, April 25th at 11:00 a.m. EST. XVI: Evaluation of Symptoms in AGENCY: U.S. Small Business ADDRESSES: These meeting will be held Disability Claims: Assessing the Administration. at the U.S. Small Business Credibility of an Individual’s ACTION: Amendment 5. Administration, in the Administrator’s Statements; add the reference SSR 16– Large Conference Room, located at 409 3p, Titles II and XVI: Evaluation of SUMMARY: This is an amendment of the 3rd St. SW., Suite 7000, Washington, DC Symptoms in Disability Claims. Presidential declaration of a major 20416. disaster for the State of LOUISIANA Helen J. Droddy, FOR FURTHER INFORMATION CONTACT: The Lead Regulations Writer, Office of Regulations (FEMA–4263–DR), dated 03/13/2016. meeting is open to the public however Incident: Severe Storms and Flooding. and Reports Clearance, Social Security advance notice of attendance is Administration. Incident Period: 03/08/2016 and requested. Anyone wishing to be a [FR Doc. 2016–09184 Filed 4–20–16; 8:45 am] continuing. listening participant must contact BILLING CODE 4191–02–P DATES: Effective 04/07/2016. Amadi Anene by phone or email. His Physical Loan Application Deadline contact information is Amadi Anene, Date: 05/12/2016. Senior Advisor to the Administrator, DEPARTMENT OF STATE 409 Third Street SW., Washington, DC EIDL Loan Application Deadline Date: 20416, Phone, 202–205–0067 or email, [Public Notice: 9529] 12/13/2016. [email protected]. Extension of Waiver of Sec. 907 of the ADDRESSES: Submit completed loan Additionally, if you need FREEDOM Support Act With Respect applications to: U.S. Small Business accommodations because of a disability to Assistance to the Government of Administration, Processing and or require additional information, please Azerbaijan Disbursement Center, 14925 Kingsport contact Amadi Anene at the information Road, Fort Worth, TX 76155. above. (SBU) Pursuant to the authority FOR FURTHER INFORMATION CONTACT: A. SUPPLEMENTARY INFORMATION: Pursuant contained in Title II of the Foreign Escobar, Office of Disaster Assistance, to section 10(a) of the Federal Advisory Operations, Export Financing and U.S. Small Business Administration, Committee Act (5 U.S.C. Appendix 2), Related Programs Appropriations Act, 409 3rd Street SW., Suite 6050, SBA announces the meeting of the 2002 (Pub. L. 107–115), E.O. 12163, as Washington, DC 20416 Council on Underserved Communities amended by E.O. 13346, and Delegation SUPPLEMENTARY INFORMATION: The notice Advisory Board. This Board provides of Authority 245–1, I hereby determine of the Presidential disaster declaration advice and counsel to the SBA and certify that extending the waiver of for the State of LOUISIANA, dated 03/ Administrator and Associate Sec. 907 of the FREEDOM Support Act 13/2016 is hereby amended to include Administrator. CUC members will of 1992 (Pub. L. 102–511) with respect the following areas as adversely affected examine the obstacles facing small to Azerbaijan: • by the disaster: businesses in underserved communities Is necessary to support United States efforts to counter international Primary Parish: (Physical Damage and and recommend to SBA policy and terrorism; Economic Injury Loans): Avoyelles programmatic changes to help • Is necessary to support the Contiguous Parishes: (Economic Injury strengthen SBA’s programs and services to these communities. operational readiness of United States Loans Only): Armed Forces or coalition partners to The purpose of this meeting is to Louisiana: Pointe Coupee Saint counter international terrorism; discuss following issues pertaining to Landry West Feliciana • Is important to Azerbaijan’s border the CUC Advisory Board: All other information in the original security; and declaration remains unchanged. —Provide information on key SBA • Will not undermine or hamper programs (Catalog of Federal Domestic Assistance ongoing efforts to negotiate a peaceful Number 59008) —Board Assignments settlement between Armenia and —Determine the 2016 CUC Agenda Azerbaijan or be used for offensive Jerome Edwards, purposes against Armenia. Acting Associate Administrator for Disaster Miguel L’ Heureux, (SBU) Accordingly, I hereby extend Assistance. White House Liaison. the waiver of Sec. 907 of the FREEDOM [FR Doc. 2016–08976 Filed 4–20–16; 8:45 am] [FR Doc. 2016–08977 Filed 4–20–16; 8:45 am] Support Act. This determination shall BILLING CODE 8025–01–P BILLING CODE P be published in the Federal Register
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and copies shall be provided to the under the authority of an exemption exemptions with the condition for appropriate committees in Congress. issued by the FAA that they may registration under part 47 and who have Dated: March 21, 2016. register their sUAS using the web-based not registered their sUAS to register in aircraft registration system. It also Thomas A. Shannon, accordance with part 48 using the web- provides specific information pertaining based registration process. Therefore, to Under Secretary for Political Affairs. to any exemptions that include ensure that sUAS operated under FAA [FR Doc. 2016–09266 Filed 4–20–16; 8:45 am] conditions relating to the registration of exemption will be able to be registered BILLING CODE 4710–23–P small UAS. under part 48, the FAA is amending all FOR FURTHER INFORMATION CONTACT: FAA exemptions that contain the following condition: DEPARTMENT OF STATE UAS Integration Office, 800 Independence Ave. SW., Washington, All aircraft operated in accordance with [Public Notice 9528] DC 20591, telephone (877) 396–4636; this exemption must be identified by serial email [email protected]. number, registered in accordance with 14 Notice of Public Comments on FY 2017 SUPPLEMENTARY INFORMATION: The FAA CFR part 47, and have identification (N- U.S. Refugee Admissions Program has issued more than 4,500 exemptions Number) markings in accordance with 14 authorizing operation of small UAS for CFR part 45, subpart C. Markings must be as The United States actively supports large as practicable. efforts to provide protection, assistance, non-model aircraft purposes. UAS and durable solutions for refugees. The operating under FAA exemption are Effective April 21, 2016, those U.S. Refugee Admissions Program statutorily obligated to be registered exemptions are amended to replace the (USRAP) is a critical component of the with the FAA by their owners. See 49 above condition with the following: United States’ overall refugee protection U.S.C. 44101. Consistent with that All aircraft operated under this exemption efforts around the globe. In Fiscal Year requirement, exemptions issued by the must be registered in accordance with 14 2016, the President established the FAA provide that the UAS must be CFR parts 47 or 48, and have identification ceiling for refugee admissions into the registered using the process established markings in accordance with 14 CFR part 45, United States at 85,000 refugees. in 14 CFR part 47 and marked in subpart C or part 48. For applicability and 1 As we begin to prepare the FY 2017 accordance with 14 CFR part 45. Part implementation dates of part 48 see 80 FR 78594 (Dec. 16, 2015). U.S. Refugee Admission Program, we 47 was the sole means of registering an welcome the public’s input. Information aircraft with the FAA at the time those The FAA is taking this action to about the Program can be found at exemptions were issued. enable small UAS operated under FAA On December 16, 2015, the FAA and http://www.state.gov/g/prm/. Persons exemptions to be registered under parts Department of Transportation issued an wishing to submit written comments on 47 or 48. Due to the significant number Interim Final Rule establishing the appropriate size and scope of the FY of exemptions affected, the FAA is registration and marking requirements 2016 U.S. Refugee Admissions Program amending these exemptions by for small unmanned aircraft (sUAS) that should submit them by 5 p.m. on publishing this notice. To the extent weigh more than .55 and less than 55 Thursday, May 19, 2015 via email to that an amended exemption is pounds. 80 FR 78594. This rule created [email protected] or fax (202) inconsistent with provisions in an a new web-based registration process for 453–9393. exemption holder’s Certificate of Waiver sUAS distinct from the FAA’s existing If you have questions about or Authorization (COA), the condition registration process. These new in the exemption supersedes the COA. submitting written comments, please requirements are codified in 14 CFR contact Delicia Spruell, PRM/ 2 Exemption holders are advised to part 48. Eligible aircraft that are have a copy of this notice accessible Admissions Program Officer at registered using the part 48 process [email protected]. during UAS operations. meet the statutory requirement for People who have already submitted a Simon Henshaw, aircraft registration. See 80 FR 78594– completed application to register their Principal Deputy Assistant Secretary, Bureau 95. sUAS operated other than as model sUAS under 14 CFR part 47 but prefer aircraft that weigh more than .55 of Population, Refugees, and Migration, to register using the part 48 web-based pounds and less than 55 pounds, such Department of State. system may request cancellation of that as many of those operated under FAA [FR Doc. 2016–09267 Filed 4–20–16; 8:45 am] application by contacting the Registry. exemption, have been able to register BILLING CODE 4710–33–P The request may be in any form but using the web-based process since must include the following elements: March 31, 2016. 14 CFR 48.5(b). • The applicant’s name and contact DEPARTMENT OF TRANSPORTATION The FAA finds it in the public interest to permit sUAS that currently hold FAA information from the original application. Federal Aviation Administration • 1 Most exemptions issued after March 2, 2016 The make, model, and serial Registration of Small Unmanned state that the aircraft may be registered under part number as shown on the original 47 or part 48. Aircraft Systems Operated Under application. 2 A Small UAS may be registered under part 48: • The reason for cancellation (i.e., Exemptions Issued by the FAA [O]nly when the aircraft is not registered under the laws of a foreign country and is—(a) Owned by a that the applicant has or will register the AGENCY: Federal Aviation U.S. citizen; (b) Owned by an individual citizen of aircraft under 14 CFR 48). Administration (FAA), DOT. a foreign country lawfully admitted for a permanent The request must be signed by the residence in the [U.S.]; (c) Owned by a corporation applicant and may be submitted by the ACTION: Notice of Availability of Part 48 not a citizen of the [U.S.] when the corporation is Registration System for FAA Exemption organized and doing business under the laws of the applicant or their agent. If the request is Holders. [U.S] or a State within the [U.S.], and the aircraft submitted by a representative of a is based and primarily used in the [U.S.]; or (d) An company or corporation, that person SUMMARY: The FAA is issuing this notice aircraft of—(1) The [U.S.] Government; or (2) A must indicate his or her corporate or State, the District of Columbia, a territory or to advise owners of small unmanned possession of the [U.S.], or a political subdivision managerial title. aircraft systems (sUAS) used for of a State, territory, or possession. This same process may be used to purposes other than as model aircraft 14 CFR 48.20; 80 FR 78646. cancel an existing registration issued
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under 14 CFR 47; however, the The request to release property may DEPARTMENT OF TRANSPORTATION registration holder must indicate the N- be reviewed, by appointment, in person number they propose to cancel. at this same location. Federal Highway Administration The request for cancellation may only [Docket No. FHWA–2016–0011] be transmitted to the Registry using the SUPPLEMENTARY INFORMATION: The FAA invites public comment on the request following methods: Agency Information Collection • U.S. Postal Service regular or to release approximately 4.00+ acres of Activities: Notice of Request for Priority mail: FAA Aircraft Registration airport property at Strother Field (WLD) Approval of a New Information Branch, AFS–750 P.O. Box 25504, under the provisions of 49 U.S.C. Collection Oklahoma City, OK 73125–0504. 47107(h)(2). On March 2, 2016, the • Overnight or Commercial Delivery Airport Manager of Strother Field AGENCY: Federal Highway Services, FAA Aircraft Registration requested from the FAA that Administration (FHWA), DOT. Branch, AFS–750 6425 S Denning Rm approximately 4.00+ acres of property ACTION: Notice of request for approval of 118, Oklahoma City, OK 73169–6937. be released for sale to the Four County a new information collection. • By facsimile: (405) 954–3548. Medical Health Center. On April 12, SUMMARY: The FHWA has forwarded the This exemption terminates on April 1, 2016, the FAA determined that the information collection request described 2018, unless sooner superseded or request to release property at Strother in this notice to the Office of rescinded. Field (WLD) submitted by the Sponsor Management and Budget (OMB) for Issued in Washington, DC, on April 15, meets the procedural requirements of approval of a new information 2016. the Federal Aviation Administration collection. We published a Federal John S. Duncan, and the release of the property does not Register Notice with a 60-day public Director, Flight Standards Service. and will not impact future aviation comment period on this information [FR Doc. 2016–09199 Filed 4–20–16; 8:45 am] needs at the airport. The FAA may collection on June 23, 2015. We are BILLING CODE 4910–13–P approve the request, in whole or in part, required to publish this notice in the no sooner than thirty days after the Federal Register by the Paperwork publication of this Notice. Reduction Act of 1995. DEPARTMENT OF TRANSPORTATION The following is a brief overview of DATES: Please submit comments by May the request: 23, 2016. Federal Aviation Administration Strother Field (WLD) is proposing the ADDRESSES: You may send comments Notice of Request To Release Airport release of a parcel, totaling 4.00+ acres. within 30 days to the Office of Property The release of land is necessary to Information and Regulatory Affairs, comply with Federal Aviation Office of Management and Budget, 725 AGENCY: Federal Aviation Administration Grant Assurances that 17th Street NW., Washington, DC 20503, Administration (FAA), DOT. do not allow federally acquired airport Attention DOT Desk Officer. You are ACTION: Notice of intent to rule on property to be used for non-aviation asked to comment on any aspect of this request to release airport property at purposes. The sale of the subject information collection, including: (1) Strother Field (WLD), Winfield, Kansas. property will result in the land at Whether the proposed collection is necessary for the FHWA’s performance; SUMMARY: The FAA proposes to rule and Strother Field (WLD) being changed from aeronautical to nonaeronautical (2) the accuracy of the estimated invites public comment on the release of burden; (3) ways for the FHWA to land at Strother Field (WLD), Winfield, use and release the surface lands from the conditions of the AIP Grant enhance the quality, usefulness, and Kansas, under the provisions of 49 clarity of the collected information; and Agreement Grant Assurances, but U.S.C. 47107(h)(2). (4) ways that the burden could be retaining any mineral rights. In DATES: Comments must be received on minimized, including the use of accordance with 49 U.S.C. or before May 23, 2016. electronic technology, without reducing 47107(c)(2)(B)(i) and (iii), the airport ADDRESSES: Comments on this the quality of the collected information. will receive fair market value for the application may be mailed or delivered All comments should include the property, which will be subsequently to the FAA at the following address: Docket No. FHWA–2016–0011. reinvested in Strother Field wastewater Lynn D. Martin, Airports Compliance FOR FURTHER INFORMATION CONTACT: system. Specialist, Federal Aviation Damaris Santiago, 202–366–2034, Administration, Airports Division, Any person may inspect, by Department of Transportation, FHWA, ACE–610C, 901 Locust Room 364, appointment, the request in person at Office of Project Development and Kansas City, MO 64106. the FAA office listed above under FOR Environmental Review, E76–201, 1200 In addition, one copy of any FURTHER INFORMATION CONTACT. In New Jersey Avenue SE., Washington, comments submitted to the FAA must addition, any person may, upon DC 20590. Office hours are from 8 a.m. be mailed or delivered to: Shawn M. appointment and request, inspect the to 5 p.m., Monday through Friday, McGrew, Airport Manager, Strother application, notice and other documents except Federal holidays. Field, Cities of Winfield and Arkansas determined by the FAA to be related to SUPPLEMENTARY INFORMATION: City, P.O. Box 747; 22193 Tupper St., the application in person at Strother Title: FHWA Environmental Winfield, KS 67156, (620) 442–4470. Field. Excellence Awards FOR FURTHER INFORMATION CONTACT: Issued in Kansas City, MO on April 15, Background: In 1995 FHWA Lynn D. Martin, Airports Compliance 2016. established the biennial Environmental Specialist, Federal Aviation Excellence Awards to recognize Administration, Airports Division, Jim A. Johnson, partners, projects, and processes that ACE–610C, 901 Locust Room 364, Manager, Airports Division. use FHWA funding sources to go Kansas City, MO 64106, (816) 329–2644, [FR Doc. 2016–09307 Filed 4–20–16; 8:45 am] beyond environmental compliance and [email protected]. BILLING CODE 4910–13–P achieve environmental excellence. The
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Environmental Excellence Awards also Authority: The Paperwork Reduction Act petition, is available for review online at recognize partners, projects, and of 1995; 44 U.S.C. Chapter 35, as amended; www.regulations.gov and in person at processes that exemplify innovation and and 49 CFR 1.48. the U.S. Department of Transportation’s commitment to the human environment, Issued On: April 18, 2016. (DOT) Docket Operations Facility, 1200 and organization and process Michael Howell, New Jersey Avenue SE., W12–140, innovation. Awardees must make an Information Collection Officer. Washington, DC 20590. The Docket outstanding contribution that goes [FR Doc. 2016–09273 Filed 4–20–16; 8:45 am] Operations Facility is open from 9 a.m. beyond traditional transportation BILLING CODE 4910–22–P to 5 p.m., Monday through Friday, projects and that encourages except Federal Holidays. environmental stewardship and partnerships to achieve a truly multi- DEPARTMENT OF TRANSPORTATION Interested parties are invited to faceted, environmentally sensitive participate in these proceedings by transportation solution. Federal Railroad Administration submitting written views, data, or comments. FRA does not anticipate Award: Anyone can nominate a [Docket Number FRA–2016–0029] project, process, person or group that scheduling a public hearing in has used FHWA funding sources to Notice of Application for Approval of connection with these proceedings since make an outstanding contribution to Discontinuance or Modification of a the facts do not appear to warrant a transportation and the environment. Railroad Signal System hearing. If any interested party desires The nominator is responsible for an opportunity for oral comment, they submitting an application via the FHWA In accordance with part 235 of Title should notify FRA, in writing, before Environmental Excellence Awards Web 49 Code of Federal Regulations (CFR) the end of the comment period and site that gives a summary of the and 49 U.S.C. 20502(a), this document specify the basis for their request. provides the public notice that by a outstanding accomplishments of the All communications concerning these entry. The collected information will be document dated February 26, 2016, the Canadian Pacific Railway (CP) proceedings should identify the used by FHWA to evaluate the project, petitioned the Federal Railroad appropriate docket number and may be showcase environmental excellence, Administration (FRA) seeking approval submitted by any of the following and enhance the public’s knowledge of for the discontinuance or modification methods: environmental stewardship in the of a signal system. FRA assigned the • planning and project development Web site: http:// petition Docket Number FRA–2016– process. Nominations will be reviewed www.regulations.gov. Follow the online 0029. instructions for submitting comments. by a panel of judges from varying Applicant: Canadian Pacific Railway, • backgrounds. It is anticipated that Ms. Cindy Ingram, Director S&C Fax: 202–493–2251. awards will be given every 2 years. The Maintenance—Southern Region, 3420 • Mail: Docket Operations Facility, winners are presented plaques at an Miller Avenue, Davenport, IA 52802. U.S. Department of Transportation, 1200 awards ceremony. CP seeks approval of the New Jersey Avenue SE., W12–140, Respondents: Anyone who has used discontinuance of the automatic block Washington, DC 20590. FHWA funding sources in the 50 States, signal system in the Nahant Yard area • U.S. territories, and the District of from Milepost (MP) 194 to MP 198.6. Hand Delivery: 1200 New Jersey Columbia. The system spans two subdivisions: The Avenue SE., Room W12–140, Washington, DC 20590, between 9 a.m. Frequency: The information will be Davenport Subdivision from MP 194 to collected biennially. MP 195.5 and the Ottumwa Subdivision and 5 p.m., Monday through Friday, except Federal Holidays. Estimated Average Burden per from MP 195.51 to MP198.6, on the Response: 8 hours per respondent per Quad Cities Division in Nahant, IA. Communications received by June 6, application. The reason for the request is to relieve 2016 will be considered by FRA before congestion caused by the authority of final action is taken. Comments received Estimated Total Annual Burden the yard limits extending south of the Hours: It is expected that the after that date will be considered as far current absolute signal located at MP as practicable. respondents will complete 196.6. The block south of the absolute approximately 150 applications for an signal at MP 196.6, being occupied by Anyone is able to search the estimated total of 1200 annual burden yard operations, prevents the dispatcher electronic form of any written hours. from clearing signals northward at communications and comments Public Comments Invited: You are Control Point Montpelier at MP 205.5. received into any of our dockets by the asked to comment on any aspect of this This requires trains to stop while name of the individual submitting the information collection, including: (1) occupying highway-rail grade crossings comment (or signing the document, if Whether the proposed collection is and hand-line their route before submitted on behalf of an association, necessary for the FHWA’s performance; proceeding northward. business, labor union, etc.). In (2) the accuracy of the estimated With this discontinuance, the signals accordance with 5 U.S.C. 553(c), DOT burdens; (3) ways for the FHWA to at MP 194 and MP 194.18 will be solicits comments from the public to enhance the quality, usefulness, and removed. The signals at MP196.5–6 will better inform its processes. DOT posts clarity of the collected information; and be relocated to MP 198.6–7, at the south these comments, without edit, including (4) ways that the burden could be end of Nahant Yard limits with a distant any personal information the minimized, including the use of signal installed. The portion of track commenter provides, to electronic technology, without reducing from MP193.0 to MP198.6 will be www.regulations.gov, as described in the quality of the collected information. governed under the General Code of the system of records notice (DOT/ALL– The agency will summarize and/or Operating Rules, Rule 6.13, Yard Limits, 14 FDMS), which can be reviewed at include your comments in the request to protect train movements. www.dot.gov/privacy. See also http:// for OMB’s clearance of this information A copy of the petition, as well as any collection. written communications concerning the
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www.regulations.gov/#!privacyNotice (DOT) Docket Operations Facility, 1200 DEPARTMENT OF TRANSPORTATION for the privacy notice of regulations.gov. New Jersey Avenue SE., W12–140, Washington, DC 20590. The Docket Federal Railroad Administration Robert C. Lauby, Operations Facility is open from 9 a.m. Associate Administrator for Railroad Safety to 5 p.m., Monday through Friday, [Docket Number FRA–2016–0030] Chief Safety Officer. except Federal Holidays. Notice of Application for Approval of [FR Doc. 2016–09243 Filed 4–20–16; 8:45 am] Interested parties are invited to BILLING CODE 4910–06–P Discontinuance or Modification of a participate in these proceedings by Railroad Signal System submitting written views, data, or DEPARTMENT OF TRANSPORTATION comments. FRA does not anticipate In accordance with part 235 of Title scheduling a public hearing in 49 of the Code of Federal Regulations Federal Railroad Administration connection with these proceedings since (CFR) and 49 U.S.C. 20502(a), this the facts do not appear to warrant a document provides the public notice [Docket Number FRA–2016–0028] hearing. If any interested party desires that by a document dated March 29, an opportunity for oral comment, they Petition for Waiver of Compliance 2016, Kansas City Southern Railway should notify FRA, in writing, before (KCS) petitioned the Federal Railroad In accordance with part 211 of Title the end of the comment period and Administration (FRA) seeking approval 49 of the Code of Federal Regulations specify the basis for their request. for the discontinuance or modification (CFR), this document provides the All communications concerning these of a signal system. FRA assigned the public notice that by a document dated proceedings should identify the petition Docket Number FRA–2016– April 7, 2016, Denver Regional appropriate docket number (e.g., Waiver 0030. Transportation District Commuter Petition Docket Number FRA–2016– Applicant: Kansas City Southern Railroad (RTDC) has petitioned the 0028) and may be submitted by any of Railway, Mr. Steven E. Jones, Director, Federal Railroad Administration (FRA) the following methods: Signal Operations, 4601 Hillary for a waiver of compliance from certain • Web site: http:// Huckaby III Avenue, Shreveport, LA provisions of the Federal railroad safety www.regulations.gov. Follow the online 71107. regulations contained at 49 CFR part instructions for submitting comments. KCS seeks approval of the 234. FRA assigned the petition Docket • Fax: 202–493–2251. discontinuance of Control Point (CP) Number FRA–2016–0028. • Mail: Docket Operations Facility, North Ruliff at Milepost (MP) 740.6, on Denver Regional Transportation U.S. Department of Transportation, 1200 the Southwest Division, Beaumont District Commuter Railroad (RTDC), New Jersey Avenue SE., W12–140, Subdivision, Ruliff, TX. KCS will located in Denver, Colorado, seeks a Washington, DC 20590. remove the CP and install an temporary waiver of compliance from • Hand Delivery: 1200 New Jersey intermediate signal, hand-operated 49 CFR 234.207—Adjustment, repair, or Avenue SE., Room W12–140, switch, and switch circuit controller. replacement of component, and 49 CFR Washington, DC 20590, between 9 a.m. These changes are being proposed due 234.225—Activation of warning system. and 5 p.m., Monday through Friday, to recovery from catastrophic flooding. RTDC states that the University of except Federal Holidays. CP North Ruliff’s signal housing and Colorado’s A Line is anticipated to open Communications received by May 23, facing signal were washed away. KCS for passenger service on April 22, 2016. 2016 will be considered by FRA before would like to make these changes The grade crossings along that line use final action is taken. Comments received permanent due to the fact that the side a Positive Train Control—(PTC) based after that date will be considered as far track at CP Ruliff is a single-ended track Wireless Crossing Activation System as practicable. and is not used to meet trains. (WCAS) to ensure constant warning Anyone is able to search the A copy of the petition, as well as any times to motorists as trains approach. electronic form of any written written communications concerning the However, the WCAS may not be communications and comments petition, is available for review online at available for the first 90 days of revenue received into any of our dockets by the www.regulations.gov and in person at service. When WCAS is not available, name of the individual submitting the the U.S. Department of Transportation’s warnings at grade crossings will be comment (or signing the document, if (DOT) Docket Operations Facility, 1200 activated by a traditional Automatic submitted on behalf of an association, New Jersey Avenue SE., W12–140, Train Control (ATC) system with business, labor union, etc.). In Washington, DC 20590. The Docket approach and island circuits. At RTDC, accordance with 5 U.S.C. 553(c), DOT Operations Facility is open from 9 a.m. this will result in longer than designed solicits comments from the public to to 5 p.m., Monday through Friday, warning times. The RTDC states that better inform its processes. DOT posts except Federal Holidays. grade crossing attendants will be these comments, without edit, including Interested parties are invited to present at all grade crossings to ensure any personal information the participate in these proceedings by that highway traffic, pedestrians, and commenter provides, to submitting written views, data, or cyclists are monitored to deter ‘‘gate- www.regulations.gov, as described in comments. FRA does not anticipate run-arounds’’ until the PTC WCAS is the system of records notice (DOT/ALL– scheduling a public hearing in fully tested and operational. The grade 14 FDMS), which can be reviewed at connection with these proceedings since crossing attendants will meet the www.dot.gov/privacy. See also http:// the facts do not appear to warrant a requirements established for an www.regulations.gov/#!privacyNotice hearing. If any interested party desires Appropriately Equipped Flagger for the privacy notice of regulations.gov. an opportunity for oral comment, they pursuant to 49 CFR 234.5. should notify FRA, in writing, before A copy of the petition, as well as any Robert C. Lauby, the end of the comment period and written communications concerning the Associate Administrator for Railroad Safety, specify the basis for their request. petition, is available for review online at Chief Safety Officer. All communications concerning these www.regulations.gov and in person at [FR Doc. 2016–09242 Filed 4–20–16; 8:45 am] proceedings should identify the the U.S. Department of Transportation’s BILLING CODE 4910–06–P appropriate docket number and may be
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submitted by any of the following Applicant: Norfolk Southern Railway, after that date will be considered as far methods: Mr. B.L. Sykes, Chief Engineer, C&S as practicable. • Web site: http:// Engineering, 1200 Peachtree Street NE., Anyone is able to search the www.regulations.gov. Follow the online Atlanta, GA 30309. electronic form of any written instructions for submitting comments. NS seeks approval of the communications and comments • Fax: 202–493–2251. discontinuance of the traffic control received into any of our dockets by the • Mail: Docket Operations Facility, system (TCS) on the Buffalo Line name of the individual submitting the U.S. Department of Transportation, 1200 between Gravity, Milepost (MP) BR 8.3 comment (or signing the document, if New Jersey Avenue SE., W12–140, and Control Point (CP) 5 MP BX 5.8, submitted on behalf of an association, Washington, DC 20590. Buffalo, NY. business, labor union, etc.). In • Hand Delivery: 1200 New Jersey These changes are being proposed accordance with 5 U.S.C. 553(c), DOT Avenue SE., Room W12–140, because train operations in this area no solicits comments from the public to Washington, DC 20590, between 9 a.m. longer support the need for TCS. The better inform its processes. DOT posts and 5 p.m., Monday through Friday, Buffalo Line is no longer a through route these comments, without edit, including except Federal Holidays. for NS trains to and from Harrisburg. any personal information the Communications received by June 6, The line between GJ MP BR 5.7/BX 0.0 commenter provides, to 2016 will be considered by FRA before and CP 5, owned by CSX www.regulations.gov, as described in final action is taken. Comments received Transportation, is currently out of the system of records notice (DOT/ALL– after that date will be considered as far service. The Buffalo Line, south of MP 14 FDMS), which can be reviewed at as practicable. BR 8.8, has been leased by NS to the www.dot.gov/privacy. See also http:// Anyone is able to search the Buffalo and Pittsburgh Railroad who, www.regulations.gov/#!privacyNotice electronic form of any written along with NS, removed the TCS system for the privacy notice of regulations.gov. communications and comments south of Gravity under authority of Robert C. Lauby, received into any of our dockets by the previous application FRA–2013–0144. name of the individual submitting the Associate Administrator for Railroad Safety, A copy of the petition, as well as any Chief Safety Officer. comment (or signing the document, if written communications concerning the [FR Doc. 2016–09241 Filed 4–20–16; 8:45 am] submitted on behalf of an association, petition, is available for review online at business, labor union, etc.). In www.regulations.gov and in person at BILLING CODE 4910–06–P accordance with 5 U.S.C. 553(c), DOT the U.S. Department of Transportation’s solicits comments from the public to (DOT) Docket Operations Facility, 1200 DEPARTMENT OF TRANSPORTATION better inform its processes. DOT posts New Jersey Avenue SE., W12–140, these comments, without edit, including Washington, DC 20590. The Docket National Highway Traffic Safety any personal information the Operations Facility is open from 9 a.m. Administration commenter provides, to to 5 p.m., Monday through Friday, www.regulations.gov, as described in except Federal Holidays. [Docket No. NHTSA–2016–0047] the system of records notice (DOT/ALL– Interested parties are invited to Denial of Motor Vehicle Defect Petition 14 FDMS), which can be reviewed at participate in these proceedings by www.dot.gov/privacy. See also http:// submitting written views, data, or AGENCY: National Highway Traffic www.regulations.gov/#!privacyNotice comments. FRA does not anticipate Safety Administration (NHTSA), for the privacy notice of regulations.gov. scheduling a public hearing in Department of Transportation. connection with these proceedings since Robert C. Lauby, ACTION: Denial of petition for a defect the facts do not appear to warrant a investigation. Associate Administrator for Railroad Safety, hearing. If any interested party desires Chief Safety Officer. an opportunity for oral comment, they SUMMARY: This notice sets forth the [FR Doc. 2016–09244 Filed 4–20–16; 8:45 am] should notify FRA, in writing, before reasons for the denial of a petition BILLING CODE 4910–06–P the end of the comment period and submitted to NHTSA under 49 U.S.C. specify the basis for their request. 30162, requesting that the agency commence a proceeding to determine DEPARTMENT OF TRANSPORTATION All communications concerning these proceedings should identify the the existence of a defect related to motor Federal Railroad Administration appropriate docket number and may be vehicle safety in 2015 Volvo VNL 780 submitted by any of the following vehicles. After a review of the petition [Docket Number FRA–2016–0027] methods: and other information, NHTSA has • concluded that further expenditure of Notice of Application for Approval of Web site: http:// www.regulations.gov. Follow the online the agency’s investigative resources on Discontinuance or Modification of a the issues raised by the petition does Railroad Signal System instructions for submitting comments. • Fax: 202–493–2251. not appear warranted. The agency In accordance with part 235 of Title • Mail: Docket Operations Facility, accordingly has denied the petition. The 49 of the Code of Federal Regulations U.S. Department of Transportation, 1200 petition is hereinafter identified as (CFR) and 49 U.S.C. 20502(a), this New Jersey Avenue SE., W12–140, DP15–006. document provides the public notice Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Mr. that by a document dated November 2, • Hand Delivery: 1200 New Jersey Nate Seymour, Medium & Heavy Duty 2015, Norfolk Southern Railway (NS) Avenue SE., Room W12–140, Vehicle Division, Office of Defects petitioned the Federal Railroad Washington, DC 20590, between 9 a.m. Investigation (ODI), NHTSA, 1200 New Administration (FRA) seeking approval and 5 p.m., Monday through Friday, Jersey Ave. SE., Washington, DC 20590. for the discontinuance or modification except Federal Holidays. Telephone: (202) 366–2069. of a signal system. FRA assigned the Communications received by June 6, SUPPLEMENTARY INFORMATION: By letter petition Docket Number FRA–2016– 2016 will be considered by FRA before dated August 7, 2015, Mr. Albert Cusson 0027. final action is taken. Comments received and Nancy Younger-Cusson wrote to
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NHTSA requesting that the agency Criteria (MMUCC) Fourth Edition, dated Confidential Information: If you wish investigate the issues they previously December 2012, and request comments to submit any information under a claim identified in vehicle owner to determine if updates or of confidentiality, you should submit questionnaires (VOQ) 10701592 and improvements are appropriate. The three copies of your complete 10747593 filed with the Agency. While MMUCC provides States with a dataset submission, including the information the Petitioner’s letter did not comply for describing crashes of motor vehicles you claim to be confidential business precisely with the requirements for in transport that generates the information, to the Chief Counsel, petitions found in 49 CFR 552.4, the information necessary to improve NHTSA, 1200 New Jersey Avenue SE., Agency is treating it as a petition in highway safety within each State and Washington, DC 20590–0001. In accordance with the regulation. nationally. Crash data users may addition, you should submit two copies, ODI understands these issues to comment on the utility of the current from which you have deleted the include: Cab sway, cab alignment/ MMUCC guidelines and suggest changes claimed confidential business bottoming out, and loss of vehicle for the next update to MMUCC. Based information, to Docket Management at control due to false triggering of the on the input received in response to this the address given above under advanced vehicle safety systems. notice, NHTSA and GHSA anticipate ADDRESSES. When you send a comment NHTSA has reviewed the material issuing draft changes to the Guidelines containing information claimed to be provided by the petitioners and other by fall 2017. confidential business information, you pertinent data that the agency gathered DATES: Comments must be received on should include a cover letter setting as well as test drove the petitioners’ or before June 20, 2016. forth the information specified in our vehicle. The results of this review and ADDRESSES: You may submit comments confidential business information NHTSA’s analysis of the petition’s merit identified by DOT Docket ID number regulation. (49 CFR part 512) Docket: is set forth in the DP15–006 Evaluation NHTSA–2016–0049 or by any of the For access to the docket to read Report, appearing in the public docket following methods: background documents or comments referenced in the heading of this notice. • Federal eRulemaking Portal: Go to received, go to http:// For the reasons presented in the http://www.regulations.gov. Follow the www.regulations.gov or the street Evaluation Report, it is unlikely that an online instructions for submitting address listed above. Follow the online order concerning notification and comments. instructions for accessing the dockets. remedy of a safety-related defect would • Mail: Docket Management Facility, Docket: For access to the docket to be issued as a result of granting Mr. M–30 U.S. Department of read background documents or Albert Cusson and Nancy Younger- Transportation, West Building, Ground comments received, go to http:// Cusson’s request. Therefore, in review Floor, Room W12–140, 1200 New Jersey www.regulations.gov at any time or to of the need to allocate and prioritize Ave. SE., Washington, DC 20590. West Building Ground Floor, Room NHTSA’s investigative resources, an • Hand Delivery or Courier: Docket W12–140, 1200 New Jersey Avenue SE., investigation on the issues raised by the Management Facility, M–30 U.S. Washington, DC, between 9 a.m. and 5 petition does not appear to be Department of Transportation, West p.m., Eastern Time, Monday through warranted. Therefore, the petition is Building, Ground Floor, Room W12– Friday, except Federal holidays. denied. 140, 1200 New Jersey Ave. SE., FOR FURTHER INFORMATION CONTACT: For Authority: 49 U.S.C. 30162(d); delegations Washington, DC 20590, between 9 a.m. programmatic issues: John Siegler, of authority at CFR 1.95 and 501.8. and 5 p.m. Eastern time, Monday Office of Traffic Records and Analysis, NSA–221, National Highway Traffic Gregory K. Rea, through Friday, except Federal holidays. • Fax: 202–493–2251. Safety Administration, 1200 New Jersey Associate Administrator for Enforcement. • Governors Highway Safety Avenue SE., Washington, DC 20590. [FR Doc. 2016–08497 Filed 4–20–16; 8:45 am] Association Web site: Go to Telephone (202) 366–1268. BILLING CODE 4910–59–P www.ghsa.org. Follow the online SUPPLEMENTARY INFORMATION: The instructions for submitting comments. Model Minimum Uniform Crash Criteria Regardless of how you submit your (MMUCC) provides a dataset for DEPARTMENT OF TRANSPORTATION comments, you should identify the describing crashes of motor vehicles in National Highway Traffic Safety Docket number of this notice. transport that generates the information Administration Note that all comments received in necessary to improve highway safety response to this notice at within each State and nationally. [Docket No. NHTSA–2016–0049] www.regulations.gov or www.ghsa.org Statewide motor vehicle traffic crash will be posted without change to data systems provide the basic Model Minimum Uniform Crash Criteria http://www.regulations.gov, including information necessary for effective AGENCY: National Highway Traffic any personal information provided. highway and traffic safety efforts at any Safety Administration (NHTSA), Please read the ‘‘Privacy Act’’ heading level of government—local, State, or Department of Transportation (DOT). below. Federal. State crash data are used to ACTION: Notice and request for Privacy Act: Anyone is able to search perform problem identification, comments. the electronic form of all comments establish goals and performance received into any of our dockets by the measures, allocate resources, determine SUMMARY: The National Highway Traffic name of the individual submitting the the progress of specific programs, and Safety Administration (NHTSA), in comment (or signing the comment, if support the development and evaluation coordination with the Governors submitted on behalf of an association, of highway and vehicle safety Highway Safety Association (GHSA), business, labor union, etc.). You may countermeasures. Unfortunately, the use the Federal Highway Administration review DOT’s complete Privacy of State crash data is often hindered by (FHWA), and the Federal Motor Carrier Statement in the Federal Register the lack of uniformity between and Safety Administration (FMCSA), are in published on April 11, 2000 (65 FR within States. the process of reviewing the Guidelines 19477–78) or you may visit http:// MMUCC represents a voluntary and for the Model Minimum Uniform Crash docketsInfo.dot.gov. collaborative effort to generate uniform
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crash data that are accurate, reliable, This document describes the are to respond, including the use of and credible for data-driven highway collection of information for which appropriate automated, electronic, safety decisions within a State, between NHTSA intends to seek OMB approval. mechanical, or other technological States, and at the national level. DATES: Comments must be received on collection techniques or other forms of MMUCC was originally developed in or before June 20, 2016. information technology, e.g., permitting response to requests by States interested ADDRESSES: You may submit comments electronic submission of responses. In in improving and standardizing their identified by DOT Docket ID Number compliance with these requirements, State crash data. Lack of uniform NHTSA–2016–0038 using any of the NHTSA asks for public comment on the reporting made the sharing and following methods: following proposed collection of comparison of State crash data difficult. Electronic submissions: Go to http:// information: Different elements and definitions www.regulations.gov. Follow the on-line Crash Risk Associated With Drug and resulted in incomplete data and instructions for submitting comments. Alcohol Use by Drivers in Fatal and misleading results. MMUCC Mail: Docket Management Facility, Serious Injury Crashes recommends voluntary implementation M–30, U.S. Department of of a ‘‘minimum set’’ of standardized Transportation, 1200 New Jersey Type of Request—New information data elements to promote comparability Avenue SE., West Building Ground collection requirement. of data within the highway safety OMB Clearance Number—None. Floor, Room W12–140, Washington, DC Form Numbers—NHTSA–1350, community. It serves as a foundation for 20590. NHTSA–1351, NHTSA–1352, NHTSA– State crash data systems. The next Hand Delivery: West Building Ground 1353, NHTSA–1354. planned update of the MMUCC Floor, Room W12–140, 1200 New Jersey Requested Expiration Date of Guideline is scheduled for 2017. Avenue SE., Washington, DC, between 9 Approval—5 years from date of Implementation of MMUCC is a a.m. and 5 p.m., Monday through approval. collaborative effort involving NHTSA, Friday, except Federal holidays. Fax: 1– Summary of the Collection of the GHSA, FHWA, and FMCSA. (202) 493–2251. Information—The National Highway Additional information about the Instructions: Each submission must Traffic Safety Administration (NHTSA) MMUCC update can be found on the include the Agency name and the seeks to examine the relative crash risk Governor’s Highway Safety Association Docket number for this Notice. Note that associated with licit and illicit drug use Web site www.ghsa.org. Full text of the all comments received will be posted by studying seriously or fatally injured current version of the Guidelines without change to http:// drivers in crashes and matched non- (MMUCC Fourth Edition, 2012) can be www.regulations.gov including any crash-involved drivers. Participants will viewed in the docket or on the National personal information provided. include seriously injured drivers who Highway Traffic Safety Administration’s FOR FURTHER INFORMATION CONTACT: are treated in a trauma center or Web site at http://www- Amy Berning, Contracting Officer’s emergency department immediately nrd.nhtsa.dot.gov/Pubs/811631.pdf. Representative-Task Order, DOT/ after a crash. Participants will also NHTSA (NTI–131), 1200 New Jersey Terry T. Shelton, include fatally injured drivers who die Avenue SE., W46–497, Washington, DC before or during treatment within the Associate Administrator for the National 20590. Ms. Berning’s phone number is Center for Statistics and Analysis. study catchment area. This study will (202) 366–5587 and her email address is employ a case-control design that [FR Doc. 2016–09231 Filed 4–20–16; 8:45 am] [email protected]. matches two drivers not involved in a BILLING CODE P SUPPLEMENTARY INFORMATION: Under the crash to every crash-involved driver. Paperwork Reduction Act of 1995, Control drivers will be selected at or DEPARTMENT OF TRANSPORTATION before an agency submits a proposed near the location of the crash where a collection of information to OMB for driver was seriously injured or killed. National Highway Traffic Safety approval, it must publish a document in With the greatest accuracy possible, Administration the Federal Register providing a 60-day researchers will match control drivers comment period and otherwise consult based on crash day of the week, crash [U.S. DOT Docket No. NHTSA–2016–0038] with members of the public and affected time of day, crash direction of travel, agencies concerning each proposed and as many other relevant factors as Reports, Forms, and Record Keeping collection of information. The OMB has possible. Requirements promulgated regulations describing Data collection will include blood what must be included in such a samples from both crash-involved and AGENCY: National Highway Traffic document. Under OMB’s regulations (at control drivers. Collection of samples Safety Administration (NHTSA), DOT. 5 CFR 1320.8(d)), an agency must ask from seriously injured drivers will be ACTION: Request for public comment on for public comment on the following: (i) subject to State and Trauma Center proposed collection of information. Whether the proposed collection of policies regarding collection of fluid information is necessary for the proper samples for research purposes. Samples SUMMARY: Before a Federal agency can performance of the functions of the from fatally injured drivers will be collect certain information from the agency, including whether the collected in accord with State, Trauma public, it must receive approval from information will have practical utility; Center, and/or coroner/medical the Office of Management and Budget (ii) The accuracy of the agency’s examiner policies. Researchers may (OMB). Under procedures established estimate of the burden of the proposed temporarily and securely retain by the Paperwork Reduction Act of collection of information, including the identifying information for seriously or 1995, before seeking OMB approval, validity of the methodology and fatally injured drivers to access needed Federal agencies must solicit public assumptions used; (iii) How to enhance medical or crash records to facilitate comment on proposed collections of the quality, utility, and clarity of the control driver matching on factors such information, including extensions and information to be collected; and (iv) as crash time, day, and location. reinstatements of previously approved How to minimize the burden of the Identifying information will be collections. collection of information on those who discarded once the needed data has
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been obtained and will not be linked to of drug involved driving. The results of DATES: Persons wishing to file study results in any manner. Control this project will assist NHTSA in objections should do so no later than driver participation in the study will be determining how different drug classes April 22, 2016. voluntary. No identifying information are related to driver safety which will ADDRESSES: Objections and answers to will be collected from control drivers. help the Agency provide guidance to the objections should be filed in Docket Control drivers will also be asked to States and Federal Government as each DOT–OST–2015–0208 and addressed to provide a breath sample to measure considers policies related to drugged Docket Operations (M–30, Room W12– breath alcohol concentration. driving. 140), U.S. Department of Self-report surveys will be Description of the Likely Respondents Transportation, 1200 New Jersey administered to injured participants, (Including Estimated Number, and Avenue SE., Washington, DC 20590, and when possible, to collect details about Proposed Frequency of Response to the should be served upon the parties listed the crash, self-reported drug use, general Collection of Information)—The in Attachment A to the order. driving behaviors, relevant lifestyle participant groups being sought include FOR FURTHER INFORMATION CONTACT: factors (e.g., fatigue at the time of the 2,500 crash-involved drivers and at least Shabu Thomas, Air Carrier Fitness crash) and other information deemed 5,000 control drivers. Sampling will Division (X–56, Room W86–469), U.S. important to the study. In the event a occur at one or more trauma centers and Department of Transportation, 1200 seriously injured driver is unconscious within the roadway catchment area New Jersey Avenue SE., Washington, after treatment, researchers will return served by the trauma center(s). Each DC 20590, (202) 366–9721. at a later date to collect the information participant will only respond to the data Dated: April 15, 2016. if the driver is capable of consenting collection request a single time during and responding. If not, willing next of the study period. Robert Goldner, kin will be substituted if possible. All Special Counsel to the Assistant Secretary Estimate of the Total Annual participating control drivers will be for Aviation and International Affairs. Reporting and Record Keeping Burden asked to respond to the survey items, [FR Doc. 2016–09247 Filed 4–20–16; 8:45 am] Resulting from the Collection of and their responses will be anonymous. BILLING CODE 4910–9X–P Description of the Need for the Information—Responding to the entire Information and Proposed Use of the information request will take approximately 20 minutes per Information—NHTSA’s mission is to DEPARTMENT OF THE TREASURY save lives, prevent injuries and reduce participant. The project anticipates collecting data from 3,750 participants traffic-related health care and other Internal Revenue Service economic costs. The agency develops, per year. As such, the annual estimated promotes and implements educational, burden hours total is 1,250. There are no Proposed Collection; Comment engineering and enforcement programs record keeping costs to the respondents. Request for Form 14420 with the goal of ending preventable Thus, there is no preparation of data AGENCY: Internal Revenue Service (IRS), tragedies and reducing economic costs required or expected of respondents. Treasury. associated with vehicle use and Participants do not incur: (a) Capital highway travel. In 2010 and 2011, and start-up costs, or (b) operation, ACTION: Notice and request for NHTSA conducted the first large-scale maintenance, and purchase costs as a comments. result of participating in the study. carefully controlled study in the U.S. SUMMARY: The Department of the designed to estimate the relative crash Authority: 44 U.S.C. Section 3506(c)(2)(A). Treasury, as part of its continuing effort risk associated with drug use by drivers. Issued in Washington, DC, on April 18, to reduce paperwork and respondent Using a case-control design, researchers 2016. burden, invites the general public and collected information from crash- Jeff Michael, other Federal agencies to take this involved and non-crash involved Associate Administrator, Research and opportunity to comment on proposed drivers in Virginia Beach, Virginia. That Program Development. and/or continuing information effort focused on acquiring data at crash [FR Doc. 2016–09257 Filed 4–20–16; 8:45 am] collections, as required by the sites and resulted in very few seriously BILLING CODE 4910–59–P Paperwork Reduction Act of 1995, or fatally injured drivers entering the Public Law 104–13 (44 U.S.C. sample. As such, it was not possible to 3506(c)(2)(A)). Currently, the IRS is assess how drug use was related to DEPARTMENT OF TRANSPORTATION soliciting comments concerning Form driver injuries in the most serious of 14420, Verification of Reported Income. crashes. Other studies have examined Office of the Secretary DATES: the prevalence of drugs in seriously and Written comments should be fatally injured drivers, but none has Application Of Delux Public Charter, received on or before June 20, 2016 to used a case-control design such as the LLC for Commuter Air Carrier be assured of consideration. one proposed in the current study that Authority ADDRESSES: Direct all written comments will allow for an estimation of risk to Tuawana Pinkston, Internal Revenue associated with drug use by drivers AGENCY: Department of Transportation. Service, Room 6526, 1111 Constitution seriously injured or killed in a motor ACTION: Notice of Order to Show Cause Avenue NW., Washington, DC 20224. vehicle crash. Using the case-control (Order 2016–4–13) Docket DOT–OST– FOR FURTHER INFORMATION CONTACT: approach in this manner will complete 2015–0208. Requests for additional information or the relative risk assessment for the full copies of the form and instructions range of injury severities using SUMMARY: The Department of should be directed to Martha R. Brinson, comparable methodologies. Transportation is directing all interested Internal Revenue Service, Room 6526, The large sample of seriously and persons to show cause why it should 1111 Constitution Avenue NW., fatally injured drivers gathered by this not issue an order finding Delux Public Washington, DC 20224, or through the project using a case-control Charter, LLC fit, willing, and able, and Internet at [email protected]. methodology will lead to a better awarding it commuter air carrier SUPPLEMENTARY INFORMATION: understanding of the relative crash risk authorization. Title: Verification of Reported Income.
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OMB Number: 1545–2236. unless the collection of information ADDRESSES: Direct all written comments Form Number: Form 14420. displays a valid OMB control number. to Martha R. Brinson, Internal Revenue Abstract: The Pilots are aimed at Books or records relating to a collection Service, Room 6526, 1111 Constitution determining the best method for and of information must be retained as long Avenue NW., Washington, DC 20224. value of using the Form 1099–K as their contents may become material FOR FURTHER INFORMATION CONTACT: information to identify and treat non- in the administration of any internal Requests for additional information or compliance. This is expected to result in revenue law. Generally, tax returns and copies of the form and instructions the identification of cases of gross tax return information are confidential, should be directed to Martha R. Brinson, receipts underreporting. As a result, this as required by 26 U.S.C. 6103. Internal Revenue Service, Room 6526, effort will also test treatment streams to Request for Comments: Comments 1111 Constitution Avenue NW., allow the IRS to work these cases. One submitted in response to this notice will Washington, DC 20224, or through the of these treatment streams is a notice be summarized and/or included in the Internet at [email protected]. process. Requesting the books and request for OMB approval. All SUPPLEMENTARY INFORMATION: records needed to verify the gross comments will become a matter of Title: Split-Interest Trust Information receipts discrepancy through a notice public record. Comments are invited on: Return. process would result in extensive (a) Whether the collection of OMB Number: 1545–0196. taxpayer burden. Instead, the taxpayer information is necessary for the proper Form Number: 5227. performance of the functions of the can fill out this form, which requests the Abstract: Form 5227 is used to report agency, including whether the minimum information needed for us to the financial activities of a split-interest information shall have practical utility; refine our analysis of the taxpayer’s trust described in Internal Revenue return and determine if there are any (b) the accuracy of the agency’s estimate of the burden of the collection of Code section 4947(a)(2), and to reporting errors/business characteristics determine whether the trust is treated as that may explain their outlier reported information; (c) ways to enhance the quality, utility, and clarity of the a private foundation and is subject to figures. the excise taxes under chapter 42 of the Current Actions: The Form 14420 was information to be collected; (d) ways to Code. reformatted by adding ‘yes/no’ response minimize the burden of the collection of Current Actions: There is an increase boxes for each item and space for the information on respondents, including in the paperwork burden previously taxpayer to provide a written response through the use of automated collection approved by OMB. Charitable remainder when the item is applicable to the techniques or other forms of information trusts have begun tracking net taxpayer. Bulleted items were replaced technology; and (e) estimates of capital investment income (NII) received and with numbers making it easier for the or start-up costs and costs of operation, distributed under section 1411(c). The taxpayer to respond to specific items. maintenance, and purchase of services form was updated to report the tracking The current form’s purpose was added to provide information. of NII receipts and distributions (part II to the instructions box at the top of page Approved: April 11, 2016. and Schedule A). Charitable remainder 1, which provides transparency. The Tuawana Pinkston, trusts (CRT) may elect to apply a form provides the taxpayer up to five IRS Reports Clearance Officer. simplified NII calculation (reported on Forms 1099–K. To benefit taxpayers [FR Doc. 2016–09295 Filed 4–20–16; 8:45 am] part I–B of Schedule A). For charitable with up to ten Forms 1099–K, online BILLING CODE 4830–01–P remainder trusts that own interests, information was added. The taxpayer directly or indirectly, in certain has the option of going to www.IRS.gov controlled foreign corporations (CFCs) to retrieve their Forms 1099–K filed DEPARTMENT OF THE TREASURY or certain passive foreign investment with the IRS. Due to additions to the companies (PFICs), the trust may make Form 1099–K, columns were added to Internal Revenue Service a special election to align the NIIT the Form 14420 table to account for treatment of those CFCs and PFICs with ‘card not present’ (online sales) and Proposed Collection; Comment their treatment for regular tax purposes. ‘number of payment transactions.’ The Request for Form 5227 In addition, the Department estimates form’s length remains at three pages. AGENCY: Internal Revenue Service (IRS), an increase of responses based on its The changes provide clarity, resulting in Treasury. most recent data on Form 5227 filings, reduced time and reduced burden on ACTION: Notice and request for from 220,000, to 340,000. The form the taxpayer to complete the form and comments. changes and the estimated increase in for the tax examiners to review and the number of responses will increase evaluate taxpayer responses. SUMMARY: The Department of the the estimated annual burden hours from Type of Review: Revisions of a Treasury, as part of its continuing effort currently approved collection. 15,152,550 to 33,138,550. to reduce paperwork and respondent Type of Review: Revisions of a Affected Public: Businesses and other burden, invites the general public and for-profit organizations, Individuals or currently approved collection. other Federal agencies to take this Affected Public: Business or other for- Households. opportunity to comment on proposed Estimated Number of Respondents: profit organizations. and/or continuing information Estimated Number of Responses: 1,000. collections, as required by the Estimated Time per Respondent: 4 340,000. Paperwork Reduction Act of 1995, Estimated Time per Respondent: 97 hours. Public Law 104–13 (44 U.S.C. Estimated Total Annual Burden hr., 28 min. 3506(c)(2)(A)). Currently, the IRS is Hours: 4,000. Estimated Total Annual Burden The following paragraph applies to all soliciting comments concerning Form Hours: 33,138,550. of the collections of information covered 5227, Split-Interest Trust Information The following paragraph applies to all by this notice: Return. of the collections of information covered An agency may not conduct or DATES: Written comments should be by this notice: sponsor, and a person is not required to received on or before June 20, 2016 to An agency may not conduct or respond to, a collection of information be assured of consideration. sponsor, and a person is not required to
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respond to, a collection of information DATES: Written comments should be comments will become a matter of unless the collection of information received on or before June 20, 2016 to public record. Comments are invited on: displays a valid OMB control number. be assured of consideration. (a) Whether the collection of Books or records relating to a collection ADDRESSES: Direct all written comments information is necessary for the proper of information must be retained as long to Tuawana Pinkston, Internal Revenue performance of the functions of the as their contents may become material Service, Room 6526, 1111 Constitution agency, including whether the in the administration of any internal Avenue NW., Washington, DC 20224. information shall have practical utility; revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: (b) the accuracy of the agency’s estimate tax return information are confidential, Requests for additional information or of the burden of the collection of as required by 26 U.S.C. 6103. copies of the form and instructions information; (c) ways to enhance the Request for Comments: Comments should be directed to R. Joseph Durbala, quality, utility, and clarity of the submitted in response to this notice will (202) 317–5746, at Internal Revenue information to be collected; (d) ways to be summarized and/or included in the Service, Room 6129, 1111 Constitution minimize the burden of the collection of request for OMB approval. All Avenue NW., Washington, DC 20224, or information on respondents, including comments will become a matter of through the Internet at through the use of automated collection public record. Comments are invited on: [email protected]. techniques or other forms of information technology; and (e) estimates of capital (a) Whether the collection of SUPPLEMENTARY INFORMATION: or start-up costs and costs of operation, information is necessary for the proper Title: Tribal Evaluation of Filing and maintenance, and purchase of services performance of the functions of the Accuracy Compliance (TEFAC)— to provide information. agency, including whether the Compliance Check Report. information shall have practical utility; OMB Number: 1545–2026. Approved: April 12, 2016. (b) the accuracy of the agency’s estimate Form Number: Form 13797. R. Joseph Durbala, of the burden of the collection of Abstract: This form will be provided IRS, Tax Analyst. information; (c) ways to enhance the to tribes who elect to perform a self [FR Doc. 2016–09293 Filed 4–20–16; 8:45 am] quality, utility, and clarity of the compliance check on any or all of their BILLING CODE 4830–01–P information to be collected; (d) ways to entities. This is a VOLUNTARY minimize the burden of the collection of program, and the entity is not penalized information on respondents, including for non-completion of forms or DEPARTMENT OF THE TREASURY through the use of automated collection withdrawal from the program. Upon techniques or other forms of information completion, the information will be Internal Revenue Service technology; and (e) estimates of capital used by the Tribe and ITG to develop or start-up costs and costs of operation, training needs, compliance strategies, Proposed Collection; Comment maintenance, and purchase of services and corrective actions. Request for Forms 8554 and 8554–EP to provide information. Current Actions: There is no change AGENCY: Internal Revenue Service (IRS), Approved: April 11, 2016. in the paperwork burden previously Treasury. approved by OMB. This form is being Martha R. Brinson, ACTION: Notice and request for submitted for renewal purposes only. IRS, Tax Analyst. comments. [FR Doc. 2016–09297 Filed 4–20–16; 8:45 am] Type of Review: Extension of a currently approved collection. BILLING CODE 4830–01–P SUMMARY: The Department of the Affected Public: Businesses and other Treasury, as part of its continuing effort for-profit organizations and State, Local, to reduce paperwork and respondent DEPARTMENT OF THE TREASURY or Tribal Government. burden, invites the general public and Estimated Number of Respondents: other Federal agencies to take this Internal Revenue Service 20. opportunity to comment on proposed Estimated Time per Respondent: 22 and/or continuing information Proposed Collection; Comment hours 20 minutes. collections, as required by the Request for Form 13797 Estimated Total Annual Burden Paperwork Reduction Act of 1995, Hours: 447. Public Law 104–13 (44 U.S.C. AGENCY: Internal Revenue Service (IRS), The following paragraph applies to all Treasury. 3506(c)(2)(A)). Currently, the IRS is of the collections of information covered soliciting comments concerning Form ACTION: Notice and request for by this notice: 8554, Application for Renewal of comments. An agency may not conduct or Enrollment to Practice Before the sponsor, and a person is not required to Internal Revenue Service and Form SUMMARY: The Department of the respond to, a collection of information 8554–EP, Application for Renewal of Treasury, as part of its continuing effort unless the collection of information Enrollment to Practice Before the to reduce paperwork and respondent displays a valid OMB control number. Internal Revenue Service as an Enrolled burden, invites the general public and Books or records relating to a Retirement Plan Agent (ERPA). other Federal agencies to take this collection of information must be opportunity to comment on proposed retained as long as their contents may DATES: Written comments should be and/or continuing information become material in the administration received on or before June 20, 2016 to collections, as required by the of any internal revenue law. Generally, be assured of consideration. Paperwork Reduction Act of 1995, tax returns and tax return information ADDRESSES: Direct all written comments Public Law 104–13 (44 U.S.C. are confidential, as required by 26 to Tuawana Pinkston, Internal Revenue 3506(c)(2)(A)). Currently, the IRS is U.S.C. 6103. Service, Room 6526, 1111 Constitution soliciting comments concerning Form Request for Comments: Comments Avenue NW., Washington, DC 20224. 13797, Tribal Evaluation of Filing and submitted in response to this notice will FOR FURTHER INFORMATION CONTACT: Accuracy Compliance (TEFAC)— be summarized and/or included in the Requests for additional information or Compliance Check Report. request for OMB approval. All copies of the form should be directed to
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R. Joseph Durbala, at Internal Revenue The following paragraph applies to all DEPARTMENT OF VETERANS Service, Room 6129, 1111 Constitution of the collections of information covered AFFAIRS Avenue NW., Washington, DC 20224, or by this notice: at (202)317–5746, or through the An agency may not conduct or National Research Advisory Council; Internet at [email protected]. sponsor, and a person is not required to Notice of Meeting SUPPLEMENTARY INFORMATION: respond to, a collection of information unless the collection of information Title: Application for Renewal of The Department of Veterans Affairs displays a valid OMB control number. Enrollment to Practice Before the (VA) gives notice under the Federal Books or records relating to a collection Internal Revenue Service. Advisory Committee Act, 5 U.S.C., App. of information must be retained as long OMB Number: 1545–0946. 2, that the National Research Advisory as their contents may become material Council will hold a meeting on Form Number: 8554. in the administration of any internal Abstract: The information obtained Wednesday, June 8, 2016, in Room 730 revenue law. Generally, tax returns and at 810 Vermont Ave NW., Washington, from Form 8554 relates to the approval tax return information are confidential, DC. The meeting will convene at 9:00 of continuing professional education as required by 26 U.S.C. 6103. programs and the renewal of the Request for Comments: Comments a.m. and end at 3:30 p.m., and is open enrollment status for those individuals submitted in response to this notice will to the public. Anyone attending must admitted (enrolled) to practice before be summarized and/or included in the show a valid photo ID to building the Internal Revenue Service. The request for OMB approval. All security and be escorted to the meeting. information will be used by the Director comments will become a matter of Please allow 15 minutes before the of Practice to determine the public record. Comments are invited on: meeting begins for this process. qualifications of individuals who apply (a) Whether the collection of No time will be allocated at this for renewal of enrollment. information is necessary for the proper meeting for receiving oral presentations Title: Application for Renewal of performance of the functions of the from the public. Members of the public Enrollment to Practice Before the agency, including whether the wanting to attend, or needing further Internal Revenue Service as an Enrolled information shall have practical utility; information may contact Pauline Retirement Plan Agent (ERPA). (b) the accuracy of the agency’s estimate Cilladi-Rehrer, Designated Federal of the burden of the collection of Form: 8554–EP. Officer, ORD (10P9), Department of information; (c) ways to enhance the Abstract: This form is used to renew Veterans Affairs, 810 Vermont Avenue your Enrolled Retirement Plan Agent quality, utility, and clarity of the information to be collected; (d) ways to NW., Washington, DC 20420, at (202) (ERPA) status. You must renew your 443–5607, or by email at pauline.cilladi- enrollment status every 3 years. minimize the burden of the collection of information on respondents, including [email protected]. at least 5 days prior to Current Actions: There are no changes the meeting date. being made to the form at this time. through the use of automated collection Type of Review: Extension of a techniques or other forms of information Dated: April 18, 2016. currently approved collection. technology; and (e) estimates of capital Rebecca Schiller Printz, or start-up costs and costs of operation, Affected Public: Individuals or Advisory Committee Management Officer. households. maintenance, and purchase of services to provide information. [FR Doc. 2016–09233 Filed 4–20–16; 8:45 am] Estimated Number of Respondents: BILLING CODE 8320–01–P 96,000. Approved: April 12, 2016. Estimated Time per Response: 30 R. Joseph Durbala, minutes. IRS, Tax Analyst. Estimated Total Annual Burden [FR Doc. 2016–09263 Filed 4–20–16; 8:45 am] Hours: 48,000. BILLING CODE 4830–01–P
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Part II
The President
Proclamation 9425—Education and Sharing Day, U.S.A., 2016 Executive Order 13726—Blocking Property and Suspending Entry Into the United States of Persons Contributing to the Situation in Libya
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Federal Register Presidential Documents Vol. 81, No. 77
Thursday, April 21, 2016
Title 3— Proclamation 9425 of April 18, 2016
The President Education and Sharing Day, U.S.A., 2016
By the President of the United States of America
A Proclamation Our Nation has long been driven by the promise that anyone willing to work hard can make of their lives what they will, and ensuring opportunity is within reach for all requires us to provide every young person with access to a high-quality education. Our future is written in our classrooms, and on Education and Sharing Day, U.S.A., we reaffirm our belief that no matter who they are, where they come from, or what they look like, every child deserves an education that will help them develop their unique talents and passions, dream beyond their present circumstances, and unlock their greatest potential. Investing in the education of our daughters and sons is among the best investments we can make as a Nation. My Administration has worked to expand high-quality early education—something that can pay off over a child’s entire lifetime—and we have proposed a plan to offer 2 years of free community college to anyone willing to work for it, because in America, a quality education cannot be a privilege reserved for a few. Last year, I was proud to sign the Every Student Succeeds Act—bipartisan legislation that will help prepare more of our young people to seize tomorrow’s possibili- ties. By adopting higher academic standards, increasing accountability for underperforming schools, making testing more efficient, and empowering State and local leaders to develop their own systems for school improvement based on evidence, rather than impose piecemeal solutions to serious prob- lems, this law provides schools across America with the resources and flexibility needed for students to thrive. And earlier this year, I announced Computer Science for All, a collaborative effort to give every child in America the opportunity to learn computer science, and in the time since, a growing coalition of businesses, school leaders, and State and local governments have joined this initiative. As we continue to build strong foundations for our students here at home, we recognize those around the world who are prevented from obtaining a quality education. That is why my Administration launched the Let Girls Learn initiative, spearheaded by First Lady Michelle Obama, to help adoles- cent girls worldwide get the quality education they need to reach their full potential. Through this campaign, we are helping to break down barriers for girls across the globe and working to shift attitudes and beliefs, affirm the inherent dignity and worth of every child, and harness the power of our society to rise above our present obstacles to forge the future we know is possible. The advances we have made in education are a result of the many educators, administrators, and advocates who have opened the doors of opportunity for countless young people. Today, we pay special tribute to Rabbi Menachem Mendel Schneerson, the Lubavitcher Rebbe, for his tireless devotion to ex- tending access to education to more people—regardless of their gender or background. The Rebbe’s lifetime of contribution imparts a reminder of the tremendous importance of making sure every child has the tools and resources they need to grow, flourish, and pursue their dreams. On this day, let us carry forward the Rebbe’s legacy by recognizing the limitless
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potential of each young person and empowering the next generation to lead our country, and our world, toward an ever brighter tomorrow. 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 April 19, 2016, as Education and Sharing Day, U.S.A. I call upon all Americans to observe this day with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of April, in the year of our Lord two thousand sixteen, and of the Independ- ence of the United States of America the two hundred and fortieth.
[FR Doc. 2016–09482 Filed 4–20–16; 11:15 am] Billing code 3295–F6–P
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Executive Order 13726 of April 19, 2016
Blocking Property and Suspending Entry Into the United States of Persons Contributing to the Situation in Libya
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.), section 5 of the United Nations Participa- tion Act of 1945, as amended (22 U.S.C. 287c) (UNPA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, BARACK OBAMA, President of the United States of America, hereby expand the scope of the national emergency declared in Executive Order 13566 of February 25, 2011, finding that the ongoing violence in Libya, including attacks by armed groups against Libyan state facilities, foreign missions in Libya, and critical infrastructure, as well as human rights abuses, violations of the arms embargo imposed by United Nations Security Council Resolution 1970 (2011), and misappropriation of Libya’s natural resources threaten the peace, security, stability, sovereignty, democratic transition, and territorial integrity of Libya, and thereby constitute an unusual and extraordinary threat to the national security and foreign policy of the United States. To address this threat, and in view of United Nations Security Council Resolutions 2174 of August 27, 2014, and 2213 of March 27, 2015, I hereby order: Section 1. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State: (i) to be responsible for or complicit in, or to have engaged in, directly or indirectly, any of the following: (A) actions or policies that threaten the peace, security, or stability of Libya, including through the supply of arms or related materiel; (B) actions or policies that obstruct, undermine, delay, or impede, or pose a significant risk of obstructing, undermining, delaying, or impeding, the adoption of or political transition to a Government of National Accord or a successor government; (C) actions that may lead to or result in the misappropriation of state assets of Libya; or (D) threatening or coercing Libyan state financial institutions or the Libyan National Oil Company; (ii) to be planning, directing, or committing, or to have planned, directed, or committed, attacks against any Libyan state facility or installation (in- cluding oil facilities), against any air, land, or sea port in Libya, or against any foreign mission in Libya; (iii) to be involved in, or to have been involved in, the targeting of civilians through the commission of acts of violence, abduction, forced displacement, or attacks on schools, hospitals, religious sites, or locations
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where civilians are seeking refuge, or through conduct that would con- stitute a serious abuse or violation of human rights or a violation of international humanitarian law; (iv) to be involved in, or to have been involved in, the illicit exploitation of crude oil or any other natural resources in Libya, including the illicit production, refining, brokering, sale, purchase, or export of Libyan oil; (v) to be a leader of an entity that has, or whose members have, engaged in any activity described in subsections (a)(i), (a)(ii), (a)(iii), or (a)(iv) of this section; (vi) to have materially assisted, sponsored, or provided financial, material, logistical, or technological support for, or goods or services in support of (A) any of the activities described in subsections (a)(i), (a)(ii), (a)(iii), or (a)(iv) of this section or (B) any person whose property and interests in property are blocked pursuant to this order; or (vii) to be owned or controlled by, or to have acted or purported to act for or on behalf of, any person whose property and interests in property are blocked pursuant to this order. (b) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the date of this order. The prohibitions in subsection (a) of this section are in addition to export control authorities implemented by the Department of Commerce. Sec. 2. I hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of aliens determined to meet one or more of the criteria in section 1(a) of this order would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants or nonimmigrants, of such persons. Such persons shall be treated as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions). Further, United Nations Security Council Resolution 2174 shall be treated as a Resolution listed in Annex A of Proclamation 8693. Sec. 3. I hereby determine that the making of donations of the type of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to section 1 of this order would seriously impair my ability to deal with the national emergency declared in Executive Order 13566 and expanded in this order, and I hereby prohibit such donations as provided by section 1 of this order. Sec. 4. The prohibitions in section 1 of this order include but are not limited to: (a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order; and (b) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 5. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibi- tions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 6. For the purposes of this order: (a) the term ‘‘person’’ means an individual or entity; (b) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; and
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(c) the term ‘‘United States person’’ means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. (d) the term ‘‘Government of National Accord or a successor government’’ means: (i) a Government of National Accord formed pursuant to the terms of the Libyan Political Agreement signed in Skhirat, Morocco, on December 17, 2015, or any amendments thereto; (ii) a governmental authority formed under the Libyan Constitution pursu- ant to the terms of the Libyan Political Agreement signed in Skhirat, Morocco, on December 17, 2015, or any amendments thereto; (iii) any subdivision, agency, or instrumentality of the foregoing, and any partnership, association, corporation, or other organization owned or controlled, directly or indirectly, by, or acting for or on behalf of, the foregoing; or (iv) any other person determined by the Secretary of the Treasury to be included within paragraphs (a) through (c) of this section. Sec. 7. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order 13566 and expanded in this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA and the UNPA, as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law. All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order.
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Sec. 9. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
THE WHITE HOUSE, April 19, 2016.
[FR Doc. 2016–09483 Filed 4–20–16; 11:15 am] Billing code 3295–F6–P
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Reader Aids Federal Register Vol. 81, No. 77 Thursday, April 21, 2016
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL
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. Presidential Documents 2 CFR 930...... 22511 1290...... 22513 Executive orders and proclamations 741–6000 3474...... 19355 1430...... 21699 The United States Government Manual 741–6000 3 CFR Proposed Rules: Other Services 56...... 23188 Proclamations: 205...... 21956 Electronic and on-line services (voice) 741–6020 9410...... 19465 251...... 19933 Privacy Act Compilation 741–6064 9411...... 19849 271...... 19500, 19933 Public Laws Update Service (numbers, dates, etc.) 741–6043 9412...... 19851 272...... 19933 9413...... 19853 273...... 23189 9414...... 19855 ELECTRONIC RESEARCH 277...... 19933 9415...... 20211 278...... 19500 World Wide Web 9416...... 20213 319 ...... 19060, 19063, 20575, 9417...... 20215 22203 Full text of the daily Federal Register, CFR and other publications 9418...... 22013 1150...... 18802 is located at: www.fdsys.gov. 9419...... 22015 Federal Register information and research tools, including Public 9420...... 22017 9 CFR Inspection List, indexes, and Code of Federal Regulations are 9421...... 22019 381...... 21708 located at: www.ofr.gov. 9422...... 22171 9423...... 22505 Proposed Rules: E-mail 9424...... 23415 381...... 21758, 23194 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 9425...... 23557 10 CFR an open e-mail service that provides subscribers with a digital Executive Orders: form of the Federal Register Table of Contents. The digital form 12137 (amended by 72...... 19021 of the Federal Register Table of Contents includes HTML and 13724) ...... 22021 73...... 21449 PDF links to the full text of each document. 13723...... 19017 430...... 22514 431...... 20528 To join or leave, go to http://listserv.access.gpo.gov and select 13724...... 22021 13725...... 23417 Proposed Rules: Online mailing list archives, FEDREGTOC-L, Join or leave the list 430 ...... 20261, 21276, 22548, (or change settings); then follow the instructions. 13726...... 23559 Administrative Orders: 23198 PENS (Public Law Electronic Notification Service) is an e-mail Memorandums: 710...... 22920 service that notifies subscribers of recently enacted laws. Memorandum of March 12 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 18, 2016 ...... 18739 and select Join or leave the list (or change settings); then follow Memorandum of March 249...... 21223 the instructions. 29, 2016 ...... 19015 324...... 22173 Notices: 1026...... 19467 FEDREGTOC-L and PENS are mailing lists only. We cannot 1238...... 22520 respond to specific inquiries. Notice of March 30, 2016 ...... 19019 Proposed Rules: Reference questions. Send questions and comments about the Notice of April 4, 217...... 20579 Federal Register system to: [email protected] 2016 ...... 20217 13 CFR The Federal Register staff cannot interpret specific documents or regulations. 4 CFR Proposed Rules: 123...... 19934 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Proposed Rules: 21...... 22197 longer appears in the Federal Register. This information can be 14 CFR found online at http://bookstore.gpo.gov/. 5 CFR 25...... 23421 630...... 20523 39 ...... 18741, 19022, 19024, FEDERAL REGISTER PAGES AND DATE, APRIL 19467, 19470, 19472, 19482, 6 CFR 20219, 20222, 21234, 21236, 18739–19020...... 1 5...... 19857 21240, 21242, 21244, 21246, 19021–19466...... 4 23421–23562...... 21 19...... 19355 21250, 21253, 21255, 21259, 19467–19856...... 5 Proposed Rules: 21261, 21263, 21709, 21711, 19857–20218...... 6 5...... 19932 21713, 21716, 21720, 21722, 20219–20522...... 7 29...... 23442 21726, 21730, 21732, 23155 20523–21222...... 8 61...... 21449 21223–21448...... 11 7 CFR 71 ...... 19484, 19485, 19486, 21449–21698...... 12 16...... 19355 19856, 19860, 21735 21699–22022...... 13 250...... 23086 93...... 19861 22023–22172...... 14 251...... 23086 141...... 21449 22173–22510...... 15 271...... 20524 Proposed Rules: 22511–22910...... 18 272...... 20524 23...... 20264 22911–23154...... 19 275...... 20524 31...... 19502 23155–23420...... 20 319...... 20525, 20528 39 ...... 18804, 18806, 19505,
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19509, 19512, 19514, 19516, 205...... 19355 34 CFR 43 CFR 21284, 21286, 21288, 21484, 24 CFR 75...... 19355 Proposed Rules: 21486, 21489, 21491, 21493, 76...... 19355 3100...... 19110 21495, 21497, 21501, 21503, 5...... 19355 668...... 20250, 20251 3160...... 19110 21762, 21766, 21768, 21770, 92...... 19355 3170...... 19110 22033, 22037, 23199, 23202, Proposed Rules: 570...... 19355 Ch. II...... 18818, 22204, 22550 23206, 23208, 23212, 23214, 574...... 19355 Ch. III...... 20268, 21808 23217 576...... 19355 44 CFR 71 ...... 20582, 21772, 21774 612...... 18808 578...... 19355 686...... 18808 62...... 20257 382...... 20265 1003...... 19355 67...... 19498 15 CFR 25 CFR 36 CFR 45 CFR 742...... 19026 151...... 22183 Proposed Rules: 75...... 19043 750...... 19026 169...... 19877 7...... 18821 774...... 19026 87...... 19355 Proposed Rules: 1050...... 19355 Proposed Rules: 30...... 22039 37 CFR 922...... 23445 42...... 18750 Proposed Rules: 1355...... 20283 16 CFR 26 CFR Proposed Rules: 1...... 18749, 20858 2...... 19296 1211...... 20224 47 CFR Proposed Rules: Proposed Rules: 38 CFR 304...... 23219 1 ...... 20587, 20588, 20912, 12...... 20258 460...... 19936 21795, 22549 9...... 21465 15...... 19896 17...... 19887 54...... 21272 1025...... 21775 27 CFR 50...... 19355 73...... 19432 17 CFR 9...... 23156 61...... 19355 74...... 19432 3...... 18743 62...... 19355 Proposed Rules: 28 CFR 240...... 18747 Proposed Rules: 2...... 23267 Proposed Rules: 38...... 19355 3...... 23228 22...... 23267 1...... 20583 24...... 23267 241...... 20583 29 CFR 39 CFR 25...... 23267 27...... 23267 2...... 19355 551...... 23162 18 CFR 64...... 23360 100...... 19486 3020...... 20530 35...... 18748 405...... 20245 65...... 21511 281...... 18748 406...... 20245 Proposed Rules: 73...... 19944 3020...... 21506 1307...... 18748 1987...... 22530 90...... 23267 3050...... 22040 2509...... 20946 95...... 23267 19 CFR 2510...... 20946 101...... 23267 4...... 18748 2550 ...... 20946, 21002, 21089, 40 CFR 10...... 18748 21139, 21147, 21181, 21208 9...... 19490, 20535 49 CFR 12...... 18749 4022...... 22184 52 ...... 18766, 19492, 19495, 24...... 18749 20540, 20543, 21468, 21470, 1...... 19818 122...... 18749 30 CFR 21472, 21735, 21747, 22025, 571...... 19902 1201...... 19904 20 CFR Proposed Rules: 22194, 23164, 23167, 23175, 550...... 19718 23180, 23425 Proposed Rules: 404...... 19032 943...... 20591 60...... 20172 191...... 20722 Proposed Rules: 63...... 20172, 23187 192...... 20722 30...... 19518 31 CFR 81...... 20543, 22194 571...... 19944 21 CFR 554...... 19878 180 ...... 19891, 20545, 21472, 566...... 22185 21752, 22914 50 CFR 1...... 20092 300...... 20252 Proposed Rules: 17 ...... 19923, 20058, 20450 11...... 20092 721...... 20535 50...... 18950 20...... 21480 56...... 19033 1800...... 21478 106...... 22174 1010...... 19086 92...... 18781 1023...... 19086 Proposed Rules: 223...... 20058 172...... 22176 52 ...... 19097, 19098, 19519, 510...... 18749 224...... 20058 33 CFR 19526, 20598, 20600, 21290, 229...... 20550 520...... 18749, 22520 21295, 21814, 22204, 22948, 522...... 18749, 22520 100 ...... 19036, 19038, 21462, 300...... 18789, 18796 23232, 23447 524...... 18749, 22520 22192, 22544, 23422, 23425 635 ...... 18796, 21481, 23438 81...... 22948 528...... 18749 117 ...... 18749, 18750, 19040, 648 ...... 18801, 19044, 22032, 82...... 22810 529...... 18749, 22520 19041, 19488, 20529, 21267, 22919 131...... 22555, 23239 556...... 18749, 22520 21269, 21465, 22194, 22546 660...... 19054 258...... 20274 558...... 18749, 22520 155...... 20247 665...... 20259 261...... 21272 870...... 22525 164...... 20250 679 ...... 19058, 19059, 19931, 300...... 20277 1308...... 22083 165 ...... 19041, 19488, 19884, 21482, 21756 721...... 21830 Proposed Rules: 21269, 22911, 22912 Proposed Rules: 56...... 19066 Proposed Rules: 17 ...... 19527, 20302, 22041, 42 CFR 300...... 22549 100 ...... 19939, 19942, 22937, 22710, 22961 330...... 19069, 22549 23223 412...... 23428 216...... 19542 610...... 22549 110...... 22939, 23225 Proposed Rules: 424...... 23448 117...... 19094 10...... 22960 622...... 19547, 22042 22 CFR 165 ...... 19097, 20592, 22941, 88...... 19108 635...... 22044 171...... 19863 22944, 22946, 23226 447...... 21479 648...... 20316
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