Vol. 80 Thursday, No. 185 September 24, 2015
Pages 57509–57692
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 80, No. 185
Thursday, September 24, 2015
Agricultural Research Service NOTICES NOTICES Meetings: Exclusive License Approvals, 57567 Commission to Review the Effectiveness of the National Energy Laboratories, 57597–57598 Agriculture Department DOE/NSF Nuclear Science Advisory Committee, 57598 See Agricultural Research Service Environmental Management Site-Specific Advisory See Forest Service Board, Northern New Mexico, 57598–57599 See National Agricultural Library See Rural Utilities Service Environmental Protection Agency Centers for Medicare & Medicaid Services RULES NOTICES Air Quality State Implementation Plans; Approvals and Agency Information Collection Activities; Proposals, Promulgations: Submissions, and Approvals, 57616–57617, 57619– Florida; Infrastructure Requirements for the 2008 Lead 57620 NAAQS, 57538–57540 Meetings: Georgia; Removal of Clean Fuel Fleet Program, 57537– Advisory Panel on Outreach and Education, Health 57538 Insurance Marketplace, Medicare, Medicaid, and South Carolina; Infrastructure Requirements for the 2008 Children’s Health Insurance Programs, 57617–57619 Lead National Ambient Air Quality Standards, 57540–57542 Chemical Safety and Hazard Investigation Board NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings; Sunshine Act, 57569 Submissions, and Approvals: Safe Drinking Water Act State Revolving Fund Program, Children and Families Administration 57605–57607 NOTICES Delegation of Authority to West Virginia to Implement and Agency Information Collection Activities; Proposals, Enforce Additional or Revised National Emission Submissions, and Approvals: Standards, etc., 57609–57610 Child Care and Development Fund Plan for States and Meetings: Territories Fiscal Year 2016–2018, 57620–57621 Board of Scientific Counselors Homeland Security Subcommittee; Teleconference, 57608–57609 Coast Guard Human Studies Review Board, 57607–57608 RULES Request for Scientific Views on the Aquatic Life Ambient Drawbridge Operations: Water Quality Criterion for Selenium—Freshwater Lake Washington Ship Canal, Seattle, WA, 57536 2015, 57605 Commerce Department See Economics and Statistics Administration Federal Aviation Administration See Industry and Security Bureau RULES See International Trade Administration Class C Airspace; Amendments: See National Institute of Standards and Technology Burbank, CA, 57518–57519 See National Oceanic and Atmospheric Administration Portland International Airport, OR, 57517–57518 NOTICES Class E Airspace; Establishments Agency Information Collection Activities; Proposals, Douglas, WY, 57523–57524 Submissions, and Approvals, 57569–57571 Class E Airspace; Establishments: Delta, CO, 57521–57522 Consumer Product Safety Commission Iron Mountain, MI, 57524–57525 PROPOSED RULES Newberry, MI, 57522–57523 Protection of Human Subjects, 57548–57549 Revocation of Jet Route J–513; North Central United States, 57519–57521 Defense Department PROPOSED RULES See Navy Department Airworthiness Directives: Bombardier, Inc. Airplanes, 57543–57545 Economics and Statistics Administration Dassault Aviation Airplanes, 57545–57548 NOTICES Meetings: Commerce Data Advisory Council, 57571–57572 Federal Communications Commission NOTICES Energy Department Agency Information Collection Activities; Proposals, See Federal Energy Regulatory Commission Submissions, and Approvals, 57610–57611, 57613 RULES Meetings: Uniform Administrative Requirements, Cost Principles, and Deletion of Consent Agenda Items from September 17, Audit Requirements for Federal Awards, 57509–57512 2015, 57611–57613
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Federal Election Commission Guidance: NOTICES Use of Investigational Tobacco Products; Draft Guidance Meetings; Sunshine Act, 57613–57614 for Industry and Investigators, 57623–57627 Interim Results of Study of Workload Volume and Full Federal Energy Regulatory Commission Costs Associated with Review of Biosimilar Biological RULES Product Applications, 57621 Protection System, Automatic Reclosing, and Sudden Pressure Relaying Maintenance Reliability Standard, Forest Service 57526–57531 NOTICES PROPOSED RULES Relay Performance During Stable Power Swings Reliability Environmental Impact Statements; Availability, etc.: Standard, 57549–57553 Big Creek Geothermal Leasing Proposal, Salmon—Challis NOTICES National Forest, ID, 57567–57568 Applications: Pacific Gas and Electric Co, 57601–57602 Health and Human Services Department South Carolina Electric and Gas Co., 57600–57601 See Centers for Medicare & Medicaid Services Venture Global Calcasieu Pass, LLC and TransCameron See Children and Families Administration Pipeline, LLC, 57604–57605 See Food and Drug Administration Combined Filings, 57599, 57602–57603 See Substance Abuse and Mental Health Services Filings: Administration Southeastern Power Administration, 57599–57600 NOTICES License Applications: Meetings: Gonzales, TX, 57603–57604 Secretary’s Advisory Committee on Human Research Protections, 57627 Federal Highway Administration PROPOSED RULES Homeland Security Department Retrospective Regulatory Review—State Safety Plan Development and Reporting, 57564–57566 See Coast Guard NOTICES See U.S. Customs and Border Protection Funding Availability: Ladders of Opportunity Initiative—Pilot On-the-Job- Industry and Security Bureau Training Supportive Services Program, 57651–57656 NOTICES Orders: Federal Reserve System Aiman Ammar a/k/a Ayman Ammar, etc., 57572–57576 NOTICES Changes in Bank Control: Interior Department Acquisitions of Shares of a Bank or Bank Holding See Fish and Wildlife Service Company, 57614 See Land Management Bureau Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 57614 International Trade Administration Federal Trade Commission NOTICES NOTICES Antidumping or Countervailing Duty Investigations, Orders, Proposed Consent Agreements: or Reviews: Carrot Neurotechnology, Inc.; Analysis of Proposed Certain Cut-to-Length Carbon Steel Plate from the Consent Order to Aid Public Comment, 57614–57616 Russian Federation, 57578–57579 Fresh Garlic from the People’s Republic of China; Federal Transit Administration Changed Circumstances Review, 57579–57580 NOTICES Multilayered Wood Flooring from the People’s Republic Funding Availability: of China, 57576–57578 Low or No Emission Vehicle Deployment Program Program, 57656–57661 International Trade Commission Fish and Wildlife Service PROPOSED RULES Rules of General Application, Adjudication and RULES Enforcement, 57553–57564 Migratory Bird Hunting: NOTICES Final Frameworks for Late-Season Migratory Bird Investigations; Determinations, Modifications, and Rulings, Hunting, 57664–57688 etc.: Food and Drug Administration Document Cameras and Software for use Therewith, RULES 57642 National Environmental Policy Act; Environmental Silicon-on-Insulator Wafers, 57641–57642 Assessments for Tobacco Products; Categorical Exclusions, 57531–57536 Justice Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 57643–57644 Electronic User Fee Payment Request Forms, 57621– Proposed Consent Decrees under the Clean Water Act, 57623 57643
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Land Management Bureau Neighborhood Reinvestment Corporation NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings; Sunshine Act, 57644 Submissions, and Approvals, 57637–57638 Environmental Impact Statements; Availability, etc.: Postal Regulatory Commission Sagebrush Focal Areas; Idaho, Montana, Nevada, Oregon, NOTICES Utah, and Wyoming; Proposed Withdrawal, 57635– New Postal Products, 57644–57645 57637 Public Land Withdrawals: Presidential Documents South Dakota and Wyoming, 57632–57633 PROCLAMATIONS Record of Decision and Approved Resource Management Special Observances: Plan Amendments: National Voter Registration Day (Proc. 9327), 57689– Rocky Mountain Region Greater Sage-Grouse Sub-Regions 57692 of Lewistown, North Dakota, Northwest Colorado, and Wyoming, et al., 57639–57641 Rural Utilities Service Records of Decision and Approved Resource Management NOTICES Plan Amendments: Agency Information Collection Activities; Proposals, Great Basin Region Greater Sage-Grouse Sub-Regions of Submissions, and Approvals, 57568–57569 Idaho and Southwestern Montana; Nevada and Northeastern California; Oregon; and Utah, 57633– Securities and Exchange Commission 57635 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: National Agricultural Library NYSE Arca, Inc., 57645 NOTICES NYSE MKT LLC, 57645–57649 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57568 State Department NOTICES National Credit Union Administration Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals: Promulgation of NCUA Rules and Regulations, 57512– Exchange Alumni Virtual Program, 57650–57651 57517 Determinations under Section 610 of the Foreign Assistance Act, 57649–57650 National Highway Traffic Safety Administration Imposition of Missile Proliferation Sanctions on Two North PROPOSED RULES Korean Entities, 57649–57650 Retrospective Regulatory Review—State Safety Plan Imposition of Nonproliferation Measures on Two North Development and Reporting, 57564–57566 Korean Entities, 57650
National Institute of Standards and Technology Substance Abuse and Mental Health Services NOTICES Administration Alternative Personnel Management System, 57580–57581 NOTICES National Oceanic and Atmospheric Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 57627–57628 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Transportation Department Coastal Zone Management Program Administration, See Federal Aviation Administration 57581–57582 See Federal Highway Administration Meetings: See Federal Transit Administration New England Fishery Management Council, 57596–57597 See National Highway Traffic Safety Administration Western Pacific Fishery Management Council, 57582– 57584, 57596 Treasury Department Taking of Marine Mammals Incidental to Specified See United States Mint Activities: San Francisco-Oakland Bay Bridge Pier E3 Demolition via U.S. Customs and Border Protection Controlled Implosion, 57584–57596 NOTICES Commercial Gaugers and Laboratories; Accreditations and National Science Foundation Approvals: NOTICES AmSpec Services, LLC, 57628–57629 Meetings: Saybolt LP, 57631–57632 Astronomy and Astrophysics Advisory Committee, 57644 Final Determination of Country of Origin: Certain Analytical-Grade Acetonitrile, 57629–57631 Navy Department NOTICES United States Mint Meetings: NOTICES Board of Advisors to the Presidents of the Naval Requests for Nominations: Postgraduate School and the Naval War College, Citizens Coinage Advisory Committee, 57661 57597
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Separate Parts In This Issue Reader Aids Consult the Reader Aids section at the end of this issue for Part II phone numbers, online resources, finding aids, and notice Interior Department, Fish and Wildlife Service, 57664– of recently enacted public laws. 57688 To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Part III listserv.access.gpo.gov and select Online mailing list Presidential Documents, 57689–57692 archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
2 CFR 910...... 57509 3 CFR Proclamations: 9327...... 57691 12 CFR 791...... 57512 14 CFR 71 (7 documents) ...... 57517, 57518, 57519, 57521, 57522, 57523, 57524 Proposed Rules: 39 (2 documents) ...... 57543, 57545 16 CFR Proposed Rules: 1028...... 57548 18 CFR 40...... 57526 Proposed Rules: 40...... 57549 19 CFR Proposed Rules: 201...... 57533 210...... 57533 21 CFR 25...... 57531 23 CFR Proposed Rules: 924...... 57564 1200...... 57564 33 CFR 117...... 57536 40 CFR 52 (3 documents) ...... 57537, 57538, 57540 50 CFR 20...... 57664
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Rules and Regulations Federal Register Vol. 80, No. 185
Thursday, September 24, 2015
This section of the FEDERAL REGISTER F. Review under Executive Order 13132. awards are necessary to meet the contains regulatory documents having general G. Review under the Unfunded Mandates national interest of the United States. applicability and legal effect, most of which Reform Act of 1995. b. Clarifying that restricted eligibility are keyed to and codified in the Code of H. Review under Executive Order 13211. needs to be approved one level above I. Review under the Treasury and General Federal Regulations, which is published under CO. In an attempt to clarify this section 50 titles pursuant to 44 U.S.C. 1510. Government Appropriations Act, 2001. J. Review under the Administrative of the regulations when carrying the The Code of Federal Regulations is sold by Procedure Act requirement forward to our new the Superintendent of Documents. Prices of K. Congressional Notification regulations, the approval level was new books are listed in the first FEDERAL L. Approval by the Office of the Secretary omitted. We need to add this back since REGISTER issue of each week. of Energy regulations as written do not require any higher level approval. I. Summary c. Adding section 910.127, Legal DEPARTMENT OF ENERGY The Department makes substantial Authority and Effect which is consistent with 10 CFR 600.16. There is nothing in 2 CFR Part 910 use of financial assistance awards (grants and cooperative agreements) to the new regulations to indicate what RIN 1991–AB94 meet its mission goals. To manage these constitutes a legal award or exactly how awards, the Department added the recipient acknowledges that they Uniform Administrative Requirements, requirements specifying changes and have agreed to the terms and conditions Cost Principles, and Audit additions to its Administrative of the award. Therefore, we are carrying Requirements for Federal Awards Requirements for Grants and forward a section from our current AGENCY: Department of Energy. Cooperative Agreements. regulations which clarifies this issue. On December 19, 2014, OMB d. Clarifying sections 910.501 and ACTION: Final rule. published a rulemaking in the Federal 910.507 to update some references from SUMMARY: This rule finalizes the Register finalizing the guidance on ‘‘program-specific’’ to ‘‘compliance’’ Department of Energy (DOE)’s part of Uniform Administrative Requirements, audits. The major difference between the Federal Awarding Agency Cost Principles, and Audit program-specific audits and compliance Regulatory Implementation of Office of Requirements for Federal Awards (79 audits is that program-specific audits Management and Budget’s Uniform FR 75867). As a part of the same require that the auditee prepare a Administrative Requirements, Cost rulemaking, OMB issued the interim financial statement and that the auditor Principles, and Audit Requirements for final Federal Awarding Agency perform an audit of the financial Federal Awards joint interim rule which Regulatory Implementation of Office of statements. The guidance provided in 2 was issued December 19, 2014 and Management and Budget’s Uniform CFR 910 corresponding to Compliance makes several technical corrections to Administrative Requirements, Cost Audits by for-profit entities is consistent DOE’s portion of the interim final rule. Principles, and Audit Requirements for with prior DOE guidance. The DOE is not making new policy with Federal Awards which contained a requirements in 2 CFR 910 do not either the interim final rule or this final separate section for each federal require an auditee to prepare financial rule. All regulatory language included awarding agency. DOE’s regulations are statements and do not require an auditor here is consistent with either the contained in 2 CFR part 910 (79 FR to perform an audit of financial policies in the Uniform Guidance or 76024). statements. Instead, the guidance in 2 DOE’s existing policies and practices. DOE is finalizing this rule with CFR 910 specifies requirements to be DATES: Effective: October 26, 2015. technical corrections as detailed below. met by the auditee and auditor that DOE received no comments from ensures the audit complies with FOR FURTHER INFORMATION CONTACT: members of the public in response to its Generally Accepted Government Ellen Colligan, Procurement Analyst, section of the joint interim final rule. Auditing Standards (GAGAS), Federal U.S. Department of Energy, Office of However, DOE has found areas where statutes and regulations, and the terms Acquisition Management, Contract and technical corrections are necessary. and conditions of Federal award. The Financial Assistance Policy Division Corrections are included only where it effect is that 2 CFR 910 does not ‘‘create MA–611, Telephone: (202) 287–1776. has come to the attention of DOE that new policy or requirements . . .’’ in Email: [email protected]. particular language in the final guidance accordance with OMB implementing SUPPLEMENTARY INFORMATION: did not match with DOE’s intent and guidance (consistent with the existing Table of Contents would result in an erroneous requirement in section 600.316). The implementation of the guidance. The corrections primarily replace the term I. Summary technical corrections include: ‘‘Program-Specific’’ Audit with the term II. Procedural Requirements a. Adding the national interest ‘‘Compliance’’ Audit in order to A. Review under Executive Orders 12866 exception from competition (consistent eliminate potential confusion between and 13563. with the existing requirement in section the two types of audits. B. Review under Executive Order 12988. 600.6(b)(8)). When carrying e. Making a wording change to C. Review under the Regulatory Flexibility Act. requirements forward from our current 910.502 to parallel a technical D. Review under the Paperwork Reduction regulations, this section was correction made by OMB December 19, Act. inadvertently dropped from the 2014. Wording change is to say that E. Review under the National regulations. We need this exception for ‘‘. . . determination of when a Federal Environmental Policy Act. instances where non-competitive award is expended must be based on
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when the activity related to the Federal Information and Regulatory Affairs has final rule implements OMB final award occurs . . .’’. The previous emphasized that such techniques may guidance issued on December 26, 2013, wording said that it should be based on include identifying changing future and will not have a significant economic when the activity related to the Federal compliance costs that might result from impact beyond the impact of the award occurs. Making this change technological innovation or anticipated December 2013 guidance. clarifies that there are no other factors behavioral changes. DOE believes that to consider when determining when an today’s NOPR is consistent with these D. Review Under the Paperwork expenses are incurred under the Federal principles, including the requirement Reduction Act that, to the extent permitted by law, award. In accordance with the Paperwork agencies adopt a regulation only upon a Reduction Act of 1995 (44 U.S.C. Ch. II. Procedural Requirements reasoned determination that its benefits 3506; 5 CFR 1320 Appendix A.1) (PRA), justify its costs and, in choosing among A. Review Under Executive Orders DOE reviewed the interim final rule and 12866 and 13563 alternative regulatory approaches, those approaches maximize net benefits. determined that there are no new The regulatory action today has been collections of information contained determined not to be a ‘‘significant B. Review Under Executive Order 12988 therein. DOE’s procurement reporting regulatory action’’ under Executive With respect to the review of existing and recordkeeping burdens have been Order 12866, ‘‘Regulatory Planning and regulations and the promulgation of approved under OMB Control No. 1910– Review,’’ 58 FR 51735 (October 4, 1993). new regulations, section 3(a) of 4100. Accordingly, this rule is not subject to Executive Order 12988, ‘‘Civil Justice E. Review Under the National review under the Executive Order by the Reform,’’ 61 FR 4729 (February 7, 1996), Office of Information and Regulatory imposes on Executive agencies the Environmental Policy Act Affairs within the Office of Management general duty to adhere to the following and Budget. DOE has concluded that promulgation requirements: (1) Eliminate drafting of this rule falls into a class of actions DOE has also reviewed the regulation errors and ambiguity; (2) write pursuant to Executive Order 13563, which would not individually or regulations to minimize litigation; and cumulatively have significant impact on issued on January 18, 2011 (76 FR 3281 (3) provide a clear legal standard for (Jan. 21, 2011)). Executive Order 13563 the human environment, as determined affected conduct rather than a general by DOE’s regulations (10 CFR part 1021, is supplemental to and explicitly standard and promote simplification subpart D) implementing the National reaffirms the principles, structures, and and burden reduction. definitions governing regulatory review With regard to the review required by Environmental Policy Act (NEPA) of established in Executive Order 12866. section 3(a), section 3(b) of Executive 1969 (42 U.S.C. 4321 et seq.). To the extent permitted by law, agencies Order 12988 specifically requires that F. Review Under Executive Order 13132 are required by Executive Order 13563 Executive agencies make every to: (1) Propose or adopt a regulation reasonable effort to ensure that the OMB determined that the joint only upon a reasoned determination regulation: (1) Clearly specifies the interim final rule does not have any that its benefits justify its costs preemptive effect, if any; (2) clearly Federalism implications, as required by (recognizing that some benefits and specifies any effect on existing Federal Executive Order 13132 costs are difficult to quantify); (2) tailor law or regulation; (3) provides a clear regulations to impose the least burden legal standard for affected conduct G. Review Under the Unfunded on society, consistent with obtaining while promoting simplification and Mandates Reform Act of 1995 regulatory objectives, taking into burden reduction; (4) specifies the Section 202 of the Unfunded account, among other things, and to the retroactive effect, if any; (5) adequately Mandates Reform Act of 1995 extent practicable, the costs of defines key terms; and (6) addresses (Unfunded Mandates Act) (2 U.S.C. cumulative regulations; (3) select, in other important issues affecting clarity 1532) requires that covered agencies choosing among alternative regulatory and general draftsmanship under any prepare a budgetary impact statement approaches, those approaches that guidelines issued by the Attorney maximize net benefits (including before promulgating a rule that includes General. Section 3(c) of Executive Order any Federal mandate that may result in potential economic, environmental, 12988 requires Executive agencies to the expenditure by State, local, and public health and safety, and other review regulations in light of applicable tribal governments, in the aggregate, or advantages; distributive impacts; and standards in section 3(a) and section by the private sector, of $100 million or equity); (4) to the extent feasible, specify 3(b) to determine whether they are met more in any one year. If a budgetary performance objectives, rather than or it is unreasonable to meet one or impact statement is required, section specifying the behavior or manner of more of them. DOE has completed the compliance that regulated entities must required review and determined that, to 205 of the Unfunded Mandates Act also adopt; and (5) identify and assess the extent permitted by law; these requires covered agencies to identify available alternatives to direct regulations meet the relevant standards and consider a reasonable number of regulation, including providing of Executive Order 12988. regulatory alternatives before economic incentives to encourage the promulgating a rule. OMB has desired behavior, such as user fees or C. Review Under the Regulatory determined that this joint interim final marketable permits, or providing Flexibility Act rule will not result in expenditures by information upon which choices can be The Regulatory Flexibility Act (RFA) State, local, and tribal governments, or made by the public. requires an agency that is issuing a final by the private sector, of $100 million or DOE emphasizes as well that rule to provide a final regulatory more in any one year. Accordingly, the Executive Order 13563 requires agencies flexibility analysis or to certify that the Federal agencies participating in this to use the best available techniques to rule will not have a significant joint interim final rule have not quantify anticipated present and future economic impact on a substantial prepared a budgetary impact statement benefits and costs as accurately as number of small entities. OMB or specifically addressed the regulatory possible. In its guidance, the Office of determined that the common interim alternatives considered.
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H. Review Under Executive Order 13211 Management and Budget’s Uniform § 910.126 Competition. Executive Order 13211, ‘‘Actions Administrative Requirements, Cost * * * * * Concerning Regulations That Principles, and Audit Requirements for (b) * * * Significantly Affect Energy Supply, Federal Awards (79 FR 75867; DOE’s (3) Approved, prior to award, by an Distribution, or Use’’, 66 FR 28355 (May portion begins at 76024). In addition approver at least one level above the 22, 2001), requires Federal agencies to DOE is publishing as final certain Contracting Officer. prepare and submit to the Office of technical amendments which were (c) * * * omitted from the interim final rule. Information and Regulatory Affairs (8) The responsible program Assistant These amendments address internal (OIRA), Office of Management and Secretary, Deputy Administrator, or agency practices concerning how DOE Budget, a Statement of Energy Effects for other official of equivalent authority has administers and have effect on members any significant energy action. A determined that making the award non- of the public in general or on financial ‘‘significant energy action’’ is defined as competitively is in the public interest. assistance applicants in particular. any action by an agency that This authority cannot not be delegated. Consequently, good cause exists for promulgates or is expected to lead to * * * * * promulgation of a Final Rule, and that: issuing these amendments as a final rule ■ (1) Is a significant regulatory action as notice and comment is unnecessary. 3. Section 910.127 is added to read as under Executive Order 12866, or any K. Congressional Notification follows: successor order; and (2) is likely to have As required by 5 U.S.C. 801, DOE will § 910.127 Legal authority and effect. a significant adverse effect on the report to Congress on the promulgation supply, distribution, or use of energy, or (a) A DOE financial assistance award of this rule prior to its effective date. is valid only if it is in writing and is (3) is designated by the Administrator of The report will state that it has been OIRA as a significant energy action. For signed, either in writing or determined that the rule is not a ‘‘major electronically, by a DOE Contracting any significant energy action, the agency rule’’ as defined by 5 U.S.C. 804(2). must give a detailed statement of any Officer. adverse effects on energy supply, L. Approval by the Office of the (b) Recipients are free to accept or distribution or use should the proposal Secretary of Energy reject the award. A request to draw be implemented, and of reasonable down DOE funds constitutes the The Office of the Secretary of Energy Recipient’s acceptance of the terms and alternatives to the action and their has approved issuance of this rule. expected benefits on energy supply, conditions of this Award. distribution and use. Today’s rule is not List of Subjects in 2 CFR Part 910 ■ 4. Section 910.501 is amended by a significant energy action. Accordingly, Accounting, Administrative practice revising paragraphs (b)(1) and (2) to read DOE has not prepared a Statement of and procedure, Grant programs, as follows: Energy Effects. Reporting and recordkeeping § 910.501 Audit requirements. requirements. I. Review Under the Treasury and * * * * * General Government Appropriations Issued in Washington, DC, on September (b) Compliance audit. (1) If a for-profit Act, 2001 17, 2015. entity has one or more DOE awards with Patrick Ferraro, The Treasury and General expenditures of $750,000 or more Government Appropriations Act, 2001 Director, Office of Acquisition Management. during the for-profit entity’s fiscal year, (44 U.S.C. 3516, note) provides for Joseph Waddell, they must have a compliance audit for agencies to review most disseminations Deputy Associate Administrator, Acquisition each of the awards with $750,000 or of information to the public under and Project, Management, National Nuclear more in expenditures. A compliance implementing guidelines established by Security Administration. audit should comply with the each agency pursuant to general Accordingly, the interim rule applicable provisions in § 910.514— guidelines issued by OMB. OMB’s amending 2 CFR part 910 which was Scope of Audit. The remaining awards guidelines were published at 67 FR published at 79 FR 75867 on December do not require, individually or in the 8452 (February 22, 2002), and DOE’s 19, 2014, is adopted as a final rule with aggregate, a compliance audit. guidelines were published at 67 FR the following changes: (2) If a for-profit entity receives more 62446 (October 7, 2002). DOE has than one award from DOE with a sum reviewed today’s notice under the OMB PART 910—UNIFORM total of expenditures of $750,000 or and DOE guidelines and has concluded ADMINISTRATIVE REQUIREMENTS, more during the for-profit entity’s fiscal that it is consistent with applicable COST PRINCIPLES, AND AUDIT year, but does not have any single award policies in those guidelines. REQUIREMENTS FOR FEDERAL with expenditures of $750,000 or more; AWARDS the entity must determine whether any J. Review Under the Administrative or all of the awards have common ■ Procedure Act 1. The authority citation for part 910 compliance requirements (i.e., are An agency may find good cause to continues to read as follows: considered a cluster of awards) and exempt a rule from the requirement for Authority: 42 U.S.C. 7101, et seq.; 31 determine the total expenditures of the a notice of rulemaking and the U.S.C. 6301–6308; 50 U.S.C. 2401 et seq.; 2 awards with common compliance opportunity for public under the CFR part 200. requirements. A compliance audit is Administrative Procedure Act (APA) if ■ 2. Section 910.126 is amended by: required for the largest cluster of awards the requirement is determined to be ■ a. Removing ‘‘and’’ at the end of (if multiple clusters of awards exist) or unnecessary, impracticable, or contrary paragraph (b)(1); the largest award not in a cluster of to the public interest under 5 U.S.C. ■ b. Removing the punctuation at the awards, whichever corresponding 533(b)(3)(B). Today’s rule finalizes DOE end of paragraph (b)(2), and adding in expenditure total is greater. A portion of issued the interim final its place ‘‘; and’’; and compliance audit should comply with Federal Awarding Agency Regulatory ■ c. Adding paragraphs (b)(3) and (c)(8). the applicable provisions in § 910.514— Implementation of Office of The additions read as follows: Scope of Audit. The remaining awards
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do not require, individually or in the Counsel, Office of General Counsel, with the Small Business Regulatory aggregate, a compliance audit; National Credit Union Administration, Enforcement Fairness Act of 1996.3 The * * * * * 1775 Duke Street, Alexandria, Virginia RFA, in part, requires federal agencies ■ 5. Section 910.507 is amended by: 22314–3428 or telephone: to determine whether a proposed or ■ a. Revising the section heading; (703) 518–6543. final rule would have a significant ■ b. Removing the second occurrence of SUPPLEMENTARY INFORMATION: economic impact on a substantial number of small entities.4 If so, the RFA ‘‘program-specific audit’’ in the last I. Background sentence in paragraph (a) introductory II. Summary of Public Comments requires agencies to engage in a small text and adding in its place ‘‘compliance III. The Final Rule and IRPS entity impact analysis, known as an audit’’; IV. Regulatory Procedures initial regulatory flexibility analysis ■ c. Removing ‘‘Program-specific (IRFA) for proposed rules and a final audits’’ in the second sentence in I. Background regulatory flexibility analysis (FRFA) for final rules.5 The IRFA and FRFA (or a paragraph (b) introductory text and A. What changes does this final rule and summary of them) must be published in adding in its place ‘‘Compliance IRPS make? audits’’. the Federal Register.6 If an agency The revision reads as follows: The RFA, as amended, generally determines that a proposed or final rule requires federal agencies to determine will not have a ‘‘significant economic § 910.507 Compliance audits. and consider the impact of proposed impact on a substantial number of small * * * * * and final rules on small entities. Since entities,’’ the agency may certify as ■ 6. In § 910.502 introductory text, adopting IRPS 13–1 in 2013, the Board much in the Federal Register and forego revise the subject heading and the first has defined ‘‘small entity’’ in this the IRFA and FRFA.7 sentence to read as follows: context as a federally insured credit For an IRFA, the procedural union (FICU) with less than $50 million requirements include, among other § 910.502 Basis for determining DOE in assets.1 This final rule and IRPS things, ‘‘a description of and, where awards expended. 15–1 redefines ‘‘small entity’’ as a FICU feasible, an estimate of the number of Determining Federal awards with less than $100 million in assets. In small entities to which the proposed expended. The determination of when a addition, the final rule amends rule will apply,’’ a description of Federal award is expended must be § 791.8(a) of NCUA’s regulations to reporting, recordkeeping, and other based on when the activity related to the reference IRPS 15–1. Section 791.8(a) compliance burden, and an DOE award occurs. * * * governs NCUA’s procedures for identification of any overlapping or * * * * * developing regulations and incorporates conflicting federal rules.8 In addition, [FR Doc. 2015–24276 Filed 9–23–15; 8:45 am] IRPS 87–2 and each of its amendments. the IRFA must ‘‘contain a description of BILLING CODE 6450–01–P any significant alternatives to the B. What changes were proposed? proposed rule which accomplish the On February 19, 2015, the Board stated objectives . . . and which NATIONAL CREDIT UNION issued a proposed rulemaking and IRPS minimize any significant economic ADMINISTRATION with a 60-day comment period.2 In impact of the proposed rule on small doing so, the Board proposed to increase entities.’’ 9 This discussion must include 12 CFR Part 791 from $50 million to $100 million the alternatives such as allowing ‘‘differing RIN 3133–AE45 asset threshold used to define small compliance or reporting requirements or entity under the RFA. In support of timetables,’’ ‘‘the clarification, Promulgation of NCUA Rules and proposing to double, rather than consolidation, or simplification of Regulations incrementally increase, the RFA compliance and reporting threshold, the Board weighed requirements,’’ ‘‘the use of performance AGENCY: National Credit Union competitive disadvantages within the rather than design standards,’’ and a full Administration (NCUA). credit union industry, relative threats to or partial exemption for small entities.10 ACTION: Final rule and Interpretive the National Credit Union Share The FRFA must meet requirements Ruling and Policy Statement 15–1. Insurance Fund (Insurance Fund), and similar to that of the IRFA, but must also discuss and respond to public SUMMARY: the need for broader regulatory relief. The NCUA Board (Board) is comments and describe ‘‘the steps the issuing a final rule to amend The proposed increase would provide an additional 733 small FICUs with agency has taken to minimize the Interpretive Ruling and Policy significant economic impact on small Statement (IRPS) 87–2, as amended by special consideration of the economic impact of proposed and final entities . . . , including a statement of IRPS 03–2 and 13–1. The amended IRPS factual, policy, and legal reasons for increases the asset threshold used to regulations, bringing the total number of FICUs covered by the RFA to selecting the alternative adopted in the define the term ‘‘small entity’’ under the final rule and why each one of the other Regulatory Flexibility Act (RFA) from approximately 4,690. The proposed rule and IRPS 15–1 retained the three-year $50 million to $100 million and, 3 review cycle the Board adopted in 2013. Public Law 104–121. A principal purpose of the thereby, provides transparent 1996 amendment was to provide an opportunity for consideration of regulatory relief for a Finally, the proposal referenced IRPS judicial review of agency compliance with the RFA. greater number of credit unions in 15–1 in § 791.8(a) of NCUA’s regulations Id. 4 future rulemakings. The final rule and governing regulatory procedures. 5 U.S.C. 603, 604, 605(b). 5 5 U.S.C. 603, 604. IRPS also makes a technical change to C. What is the history and purpose of 6 Id. NCUA’s regulations in connection with the RFA? 7 5 U.S.C. 605(b). procedures for developing regulations. Congress enacted the RFA in 1980, 8 5 U.S.C. 603(b). The IRFA must also include a DATES: This rule and IRPS are effective description of why the agency is considering action Public Law 96–354, and amended it and ‘‘a succinct statement of the objectives of, and November 23, 2015. legal basis for, the proposed rule. . . .’’ Id. FOR FURTHER INFORMATION CONTACT: 1 IRPS 13–1, 78 FR 4032 (Jan. 18, 2013). 9 5 U.S.C. 603(c). Kevin Tuininga, Lead Liquidations 2 80 FR 11954 (Mar. 5, 2015). 10 Id.
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significant alternatives to the rule . . . credit union leagues, federal credit suggested a threshold of at least $250 was rejected.’’ 11 These processes unions, and a federally insured, state- million, as an alternative to $550 encourage federal agencies to give chartered credit union.22 All million. One commenter suggested that special consideration to the ability of commenters expressly supported the $175 million would also be more smaller entities to absorb compliance proposal at some level. One commenter appropriate than $100 million, noting burdens imposed by new rules. supported the proposal without that the Consumer Financial Protection The RFA establishes terms for various advocating any additional changes or Bureau uses this threshold to assemble subgroups that fall within the meaning expressing concerns. A number of panels in complying with its obligations of ‘‘small entity,’’ including ‘‘small commenters, however, made specific under the Small Business Regulatory business,’’ ‘‘small organization,’’ and recommendations or expressed concerns Enforcement Fairness Act. Another ‘‘small governmental jurisdiction.’’ 12 about one or more aspects of the commenter suggested $300 million as FICUs, as not-for-profit enterprises, are proposal. the appropriate asset threshold. ‘‘small organizations,’’ within the A. What were the general comments on Two commenters posited that, if broader meaning of ‘‘small entity.’’ The the asset threshold? NCUA is willing to adopt a risk-based RFA permits a regulator, including More than one-third of commenters capital rule with requirements on par NCUA, to establish one or more with banking regulators, it should be definitions of ‘‘small organization,’’ as either expressed some level of satisfaction with the $100 million willing to bring its RFA threshold into appropriate to the activities of the parity as well. One commenter agency.13 An agency’s definition must threshold or did not directly advocate a specific threshold higher than $100 maintained that even FICUs with $250 be subjected to public comment and million in assets are not dominant in published in the Federal Register.14 The million. Two of these commenters observed that the proposed threshold their field and did not present greater RFA provides a default definition of risk to the Insurance Fund, particularly ‘‘small organization’’ as ‘‘a not-for-profit ‘‘sufficiently captures small [FICUs] that have unique challenges and particular because the RFA does not mandate enterprise which is independently specific changes to existing regulations. owned and operated and is not sensitivity to even the smallest dominant in its field. . . .’’ 15 regulatory requirement.’’ Another stated One commenter argued the RFA does In 1981, the Board initially defined that the increase will benefit and not require use of a bright-line asset ‘‘small entity’’ in IRPS 81–4 as any FICU account for the FICUs generally facing threshold, which risks ‘‘bifurcating the with less than $1 million in assets.16 significant challenges based on the industry’’ when used to determine IRPS 87–2 superseded IRPS 81–4, but characteristics NCUA identified in the eligibility for regulatory relief. This retained the definition of ‘‘small entity’’ proposal. One commenter noted that commenter also expressed concern that as a FICU with assets under $1 increasing the RFA threshold to $100 some FICUs over $100 million in assets million.17 The Board updated the million is consistent with NCUA’s but with few employees and branches definition in 2003 to include FICUs proposed definition of the term will not be taken into consideration with less than $10 million in assets with ‘‘complex’’ credit union for risk-based when NCUA is studying the economic IRPS 03–2.18 The last update occurred capital purposes. This commenter also impact of rules on FICUs under the $100 in 2013, when the Board increased the stated that $100 million seemed million threshold. A few commenters defining threshold to include FICUs appropriate in comparison to the RFA that advocated an asset threshold higher with less than $50 million in assets.19 In threshold used for banks. One than $100 million contended that NCUA addition, the Board pledged to review commenter praised NCUA for proposing should consider the definition of ‘‘small the RFA threshold after two years and to increase the threshold to $100 million entity’’ in the context of the entire group thereafter on a three-year cycle, similar only two years after approving an of financial institutions against which to its regulatory review process.20 On increase from $10 million to $50 FICUs compete, including banks. February 19, 2015, the Board issued a million. Multiple commenters, At least eight commenters expressed proposed rule and IRPS with a 60-day including some that expressed concerns about the capacity of NCUA’s comment period, proposing to increase satisfaction with the proposed Office of Small Credit Union Initiatives the threshold used to define ‘‘small threshold, alluded to compelling (OSCUI) to serve small credit unions entity’’ from $50 million to $100 reasons to set the threshold higher than under an increased asset threshold. million.21 $100 million, but did not directly Many of these commenters suggested advocate a specific number or discuss II. Summary of Public Comments that NCUA should separate the the reasons for doing so. eligibility threshold OSCUI uses from The public comment period for the Approximately half of the the asset threshold set for RFA proposed rule and IRPS ended on May commenters expressed concern about purposes, leaving the OSCUI threshold 4, 2015. NCUA received 16 comment the proposed $100 million asset at $50 million or adjusting it to $75 letters from commenters that included threshold and recommended a higher million. If NCUA increases OSCUI’s credit union trade associations, state threshold for the final rule. Many from eligibility threshold,23 some this group favored the $550 million commenters encouraged NCUA to 11 5 U.S.C. 604(a). threshold set by the Small Business provide OSCUI with additional or 12 5 U.S.C. 601. Administration (SBA), citing one or adequate resources to help bolster and 13 5 U.S.C. 601(4). more of the Federal Deposit Insurance preserve small credit unions. One 14 Id. Corporation, Office of the Comptroller 15 commenter recommended that NCUA Id. of the Currency, and the Federal Reserve 16 IRPS 81–4, 46 FR 29248 (June 1, 1981). establish a process to allocate OSCUI 17 52 FR 35231 (Sept. 8, 1987). Board as examples of regulators that use resources to various asset categories for 18 68 FR 31949 (May 29, 2003). the SBA asset threshold for purposes of 19 IRPS 13–1, 78 FR 4032 (Jan. 18, 2013). the RFA. Some commenters also 23 The proposed rule and IRPS did not address 20 Id. IRPSs 87–2, 03–2, and 13–1 are referenced the eligibility threshold for OSCUI assistance. in NCUA’s rule governing the promulgation of 22 The comments can be found on the Web at the While NCUA will consider the comments it regulations. 12 CFR 791.8(a). following address: http://www.ncua.gov/Legal/ received on the OSCUI threshold, that threshold is 21 80 FR 11954 (Mar. 5, 2015). Regs/Pages/PR20150219Promulgation.aspx. not addressed in this final rule and IRPS.
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a more equitable distribution to the Increasing the threshold to levels In general, deposit growth rates drop smallest credit unions. recommended by a minority of off significantly for FICUs with less than commenters would cover up to 93 $100 million in assets. FICUs with less B. What were the comments on the percent of FICUs and risk dilution of the than $100 million in assets as of the end review period? RFA’s special consideration for the of the year 2000 grew their deposits by Two commenters advocated, without smallest FICUs.24 As explained below, an average of 3.9 percent annually over elaboration, that NCUA adjust the the $100 million threshold results in a the next 14 years. In comparison, FICUs threshold annually based on an index to similar institution coverage ratio as the with greater than $100 million in assets capture a percentage of the smallest RFA threshold the FDIC uses in relation as of the end of the year 2000 grew credit unions. One commenter asked for to banks. In addition, the $100 million deposits at 7.1 percent annually, on review every two years and another threshold covers a significantly greater average, over the same period. On an advocated an annual review. percentage of FICU assets, compared to asset-weighted basis, the industry’s Anticipating additional future increases the percentage of bank assets covered by average deposit growth rate from 2001 in the RFA threshold, one commenter the banking agencies’ $550 million to 2014 was 6.8 percent per year. suggested that NCUA increase efficiency threshold. (ii) Slower Membership Growth Rates and avoid more comment periods by Finally, the RFA threshold does not effecting a larger increase in the final make larger FICUs ineligible for FICUs with less than $100 million in rule. regulatory relief. The Board fully assets also had significantly slower intends to continue to carefully consider membership growth rates than larger C. What other comments did NCUA the impact of all of its regulations on all FICUs. On average, FICUs with less than receive? FICUs. $100 million in assets as of the end of Several commenters commented the year 2000 had their membership A. What data supports the $100 million shrink by 0.5 percent annually over the generally on excessive regulatory threshold? burden, a lack of resources and next 14 years. In contrast, FICUs $100 employees to cope with the burden, and Data gathered for the period between million or more in assets as of the end the continuing loss of small FICUs. One 2001 and 2014 reflects the competitive of the year 2000 grew their membership commenter asked that NCUA explain in disadvantages across multiple industry by 2.3 percent annually over the same the preamble to the final rule the metrics for FICUs below $100 million in period. On an asset-weighted basis, the circumstances under which it might assets, including the following: industry’s membership growth rate was make distinctions among small FICUs. • Deposit growth rates; 1.8 percent per year from 2001 to 2014. • Another commenter noted the RFA asset growth rates; membership (iii) Slower Growth in Loan Originations growth rates; classification does not convey any FICUs with less than $100 million in immediate regulatory relief to FICUs in • loan origination growth rates; • inflation-adjusted average loan assets also had significantly slower existing rules and recommended that growth in loan originations than larger NCUA revisit its current regulations to amounts; • ratio of operating costs to assets; FICUs. On average, FICUs with less than consider substituting the final rule’s $100 million in assets as of the end of small entity threshold for existing size • merger and liquidation trends; • average year-to-date loan amounts; the year 2000 grew loan originations by standards. This commenter also 3.7 percent annually over the next 14 criticized the use of the term ‘‘small • non-interest expenses per dollar loaned; years. In contrast, FICUs with $100 credit union’’ in both the Small Credit million or more in assets as of the end Union Exam Program and the RFA • average assets per full-time employee; and of the year 2000 grew their loan context, indicating that using the same originations by 9.6 percent annually term in reference to different thresholds • average non-interest expense per annual loan originations. over the same period. On an asset- could be confusing. weighted basis, the industry’s loan The Board has carefully considered Particularly, rates of deposit growth, rates of membership growth, rates of origination growth was 6.6 percent per all the public comments it received in year from 2001 to 2014. response to the proposed rule and IRPS. loan origination growth, and the ratio of The final rule and IRPS and the Board’s operating costs to assets, each discussed (iv) Higher Operating Expenses response to the public comments are more fully below, exemplify FICUs with less than $100 million in discussed below. differentiations between FICUs both assets also had higher annual operating above and below the $100 million III. The Final Rule and IRPS expenses per unit of assets and per threshold. dollar of loan originations compared to Based on the comment letters and (i) Slower Deposit Growth Rates other asset groups. On average, FICUs economic analysis of FICUs in various with less than $100 million in assets as Smaller FICUs have consistently asset ranges, the Board maintains $100 of the end of the year 2000 had annual demonstrated an inability to grow their million is the most appropriate asset operating expenses equal to 4.0 percent deposit base at a rate that keeps pace threshold for the final rule and IRPS. of assets over the next 14 years. FICUs with larger FICUs. This slower growth The proposed threshold received with $100 million or more in assets as rate makes it difficult for smaller FICUs significant support in public comments, of the end of the year 2000 had annual to cover fixed costs, which are and the factors NCUA considered in the operating expenses of 3.5 percent of increasing over time. FICUs with proposal continue to support $100 assets over the same period. million as the most suitable threshold at growing deposits and loans are able to The impact of these differences in this time. Increasing the RFA threshold spread out fixed costs and incrementally operating expenses can be dramatic. to $100 million will account for FICUs reduce operating costs. Between 2001 and 2014, FICUs with that generally face more significant less than $100 million in assets as of the 24 An asset threshold of $175 million would cover challenges than their larger peers based 84 percent of all FICUs; $250 million would cover end of the year 2000, had operating on their relatively small asset base, 87% of all FICUs; $550 million would cover 93 expenses, on average, equal to 18 cents membership, and economies of scale. percent of all FICUs. for every dollar in loan originations.
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This expense ratio was close to a third million in assets experienced 93 percent Rather than expanding the RFA higher than FICUs with $100 million or of mergers and liquidations since 2004. threshold to $550 million or $250 more in assets as of the end of the year The disappearance of these FICUs million, which would include FICUs 2000, which averaged annual operating threatens to deprive the credit union responsible for significantly more losses expenses equal to 13 cents for every industry of a critical constituency. and risk, the Board believes the $100 dollar in loan originations over the same Although the number of mergers and million threshold represents a period. failures for FICUs below $100 million is reasonable additional share for RFA The 55 basis point difference in disproportionately high, these FICUs do coverage. FICUs with assets of $50 operating expenses between FICUs not represent a correspondingly high million to less than $100 million hold above and below the $100 million asset risk exposure to the Insurance Fund. For 4.5 percent of system assets, bringing threshold resulted in large and FICUs with assets of $50 million to less persistent differences in earnings than $100 million (those which this the total system assets within RFA between these FICUs. The earnings gap final rule and IRPS include in RFA coverage to 10 percent. To the extent the between FICUs above and below the coverage), losses have historically been increase to $100 million results in more threshold averaged 41 basis points over relatively small. Nine FICUs between FICU exemptions from rules governing the 2001 to 2014 period. To put this in $50 million and $100 million in safety and soundness, it will not present perspective, during that period, 25 inflation-adjusted assets failed between material risk to the Insurance Fund. percent of FICUs below the $100 million the first quarter of 2001 and fourth For additional background, the table asset threshold had negative earnings. quarter of 2014. Resulting losses totaled below shows the differentiation of the Only 2.8 percent of FICUs with $100 less than $56 million. In contrast, losses characteristics between the final rule’s million or more in assets had negative for FICUs between $100 million and $100 million threshold and the earnings over the same period. $250 million were $379 million, more expanded RFA coverage thresholds that FICUs with persistently weak or than six times that amount over the also received support from some negative earnings are more likely to go same period. FICUs between $100 commenters. Unless otherwise out of business via failure or merger. million and $550 million accounted for indicated, the table includes cumulative Despite representing 83 percent of all $790 million in inflation-adjusted data from 2001 to 2014. FICUs, FICUs with less than $100 losses.
Inflation-adjusted assets at time of failure <$100M <$250M <$550M
Share of Industry Losses ...... 32% 63% 97%
Assets as of year 2000 <$100M <$250M <$550M % % %
Asset Growth ...... 77 104 125 Membership Growth ...... ¥12 0 10 Loan Growth ...... 49 78 104
The Board’s task under the RFA is to similar portion of FICUs and a contrast, a $250 million or $550 million designate as ‘‘small’’ a subset of significantly higher portion of FICU threshold for credit unions would cover institutions to which its regulations assets (76 percent and 10 percent, a disproportionate percentage of FICUs apply, rather than comparing FICUs to respectively) in comparison to the and of total FICU assets, as reflected in the array of competing institutions that FDIC’s $550 million RFA threshold for the table below: are not subject to NCUA’s regulations.25 banks subject to its regulations (81 A $100 million threshold covers a percent and 6 percent, respectively). In
Credit unions Credit unions Credit unions Banks <$100M <$250M <$550M <$550M % % % %
Share of Industry Assets ...... 10 20 32 6 Share of Institutions ...... 76 87 93 81
Although a bright line asset threshold Board believes a threshold significantly preclude the Board from considering arguably bifurcates groups of FICUs for higher than $100 million would divert regulatory impacts on larger FICUs. The purposes of the RFA, it also avoids focus from the FICUs that are most in Board fully intends to continue diluting the pool of FICUs for which the need of the RFA process. Further, the reviewing the impact of all of its RFA requires special consideration. The $100 million threshold does not regulations on all FICUs.
25 The Initial Regulatory Flexibility Analysis the resources available to small entities. . . .’’ 5 regulations apply. Thus NCUA’s definition of requires consideration of alternatives such as ‘‘the U.S.C. 603(c)(1). Differing compliance and reporting ‘‘small entities’’ does not factor in banks or other establishment of differing compliance or reporting requirements or timetables can only be considered institutions outside NCUA’s jurisdiction. requirements or timetables that take into account within the group of institutions to which the
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The RFA requires a formal, published, three-year review cycle provides economic impact on a substantial analytical process during promulgation appropriate opportunities for these number of small entities. In this case, of a regulation whenever such considerations. Individual reviews will the final rule and IRPS expands the regulation would impose significant facilitate transparent considerations of number of FICUs defined as small economic burdens on a substantial unique risks and compliance burdens entities under the RFA. It, therefore, number of small FICUs. It subjects this specific to those rules, rather than will not have a significant economic published consideration to the benefit of encouraging a one-size-fits-all approach. impact on a substantial number of public comments. It does not, however, FICUs under $50 million in assets that impose a substantive limit on the B. How will the final rule and IRPS are already covered by the RFA. conclusions the Board may draw based affect FICUs? With respect to additional FICUs that on its analyses. On the contrary, the By increasing the RFA threshold to will now be covered, the principal Board is still able to make distinctions $100 million in assets, the Board component of the final rule and IRPS in future rulemakings above or below recognizes its role in ensuring will provide prospective relief in the the threshold designated in this final additional scrutiny of regulatory costs form of special and more robust rule and IRPS. The Board can make for FICUs under that threshold. The consideration of FICUs’ ability to handle these distinctions based on its RFA increase requires the Board to engage in compliance burdens. This prospective analysis and its broader consideration of the RFA’s public analytical process for relief is not yet quantifiable. Further, the regulatory impacts across all FICUs. the benefit of considerably more FICUs, final rule and IRPS can only reduce, The Board’s rule governing liquidity whenever a regulation would impose rather than increase, compliance and contingency funding demonstrates significant economic burdens on a burdens for these FICUs and, therefore, this possibility by imposing differing substantial number of them. Further, will not raise costs in a manner that compliance requirements on three asset future rules are more likely to invoke an requires a FRFA. Accordingly, NCUA tiers of FICUs.26 The RFA threshold was RFA analysis because of the greater has determined and certifies that the $50 million at the time of the rule’s number of FICUs for which the Board final rule and IRPS will not have a adoption. While the Board exempted must consider substantial economic significant economic impact on a FICUs with assets under $50 million impacts. substantial number of small entities. No from most of the rule’s compliance The $100 million threshold will cause FRFA is required. requirements, the Board also exempted NCUA to give special consideration to B. Paperwork Reduction Act a second tier ($50 million to $250 an additional 733 small FICUs. The total million) from some requirements. Only number of FICUs covered by the RFA The Paperwork Reduction Act of 1995 the largest tier (over $250 million) is will increase to approximately 4,690. (PRA) applies to rulemakings in which required to comply with the entire rule. This represents 75.6 percent of FICUs, an agency creates a new paperwork As the liquidity rule also which hold 10 percent of FICU assets. burden on regulated entities or modifies 27 demonstrates, asset thresholds remain a When an IRFA or FRFA is triggered, an existing burden. For purposes of principal comparative tool used to these additional FICUs will have the the PRA, a paperwork burden may take determine a FICU’s relative size. As benefit of an opportunity to comment on the form of either a reporting or a such, an asset threshold, rather than an a transparent and published analysis of recordkeeping requirement, both employee- or branch-based demarcation, impacts and alternatives. For all of these referred to as information collections. continues to be the most transparent FICUs, future regulations will be The changes to IRPS 87–2, as amended, and administratively feasible as a thoroughly evaluated to determine will not create any new paperwork framework for its RFA analyses. An whether an exemption or other separate burden for FICUs. Thus, NCUA has asset threshold is consistent with size consideration should apply. The $100 determined that this final rule and IRPS standards that appear in the FCU Act million threshold ensures that does not increase the paperwork and other NCUA regulations. regulatory relief will be consistently and requirements under the PRA and With respect to review, the Board robustly considered for significantly regulations of the Office of Management continues to believe that the three-year more FICUs. and Budget. period the proposed rule retained from This final rule and IRPS retains the 2013 provides a reasonable time within C. Executive Order 13132 three-year review cycle that the Board which to discern and interpret new Executive Order 13132 encourages adopted in 2013. The review period trends in relevant data. Further, it is independent regulatory agencies to gives FICUs a regular opportunity to consistent with the longstanding review consider the impact of their actions on provide input on the Board’s RFA period NCUA uses for all its regulations. state and local interests. NCUA, an threshold. Finally, the rule references Rather than an annual or biannual independent regulatory agency as IRPS 15–1 in § 791.8(a) of NCUA’s adjustment, the three-year cycle avoids defined in 44 U.S.C. 3502(5), voluntarily regulations governing regulatory the uncertainty of continuous complies with the executive order to procedures, replacing the reference to fluctuation that more frequent adhere to fundamental federalism IRPS 13–1. adjustments could create. Further, the principles. This final rule and IRPS will scheduled opportunity to study trends IV. Regulatory Procedures not have a substantial direct effect on and receive comments provides an the states, on the relationship between A. Regulatory Flexibility Act advantage over automatically indexed the national government and the states, adjustments. For any final rule it adopts, the RFA or on the distribution of power and As discussed in the proposal, the requires NCUA to prepare a FRFA that, responsibilities among the various Board will separately consider whether among other things, describes the steps levels of government. NCUA has to align thresholds in existing rules, the agency has taken to minimize determined that this final rule and IRPS such as those applying interest rate risk economic impact on small entities does not constitute a policy that has and liquidity requirements, with the (currently defined by NCUA as FICUs federalism implications for purposes of RFA threshold. The NCUA’s regular with under $50 million in assets), the executive order. unless the NCUA certifies that the final 26 12 CFR 741.12. rule will not have a significant 27 44 U.S.C. 3507(d).
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D. Assessment of Federal Regulations policies for the promulgation of rules published yearly and effective on and Policies on Families and regulations as set forth in its September 15. NCUA has determined that this final Interpretive Ruling and Policy FOR FURTHER INFORMATION CONTACT: rule and IRPS will not affect family Statement 87–2, as amended by Jason Stahl, Airspace Policy and well-being within the meaning of Interpretive Ruling and Policy Regulations Group, Office of Airspace Section 654 of the Treasury and General Statements 03–2 and 15–1. Services, Federal Aviation Government Appropriations Act, 1999, * * * * * Administration, 800 Independence Public Law 105–277, 112 Stat. 2681 [FR Doc. 2015–24165 Filed 9–23–15; 8:45 am] Avenue SW., Washington, DC 20591; (1998). BILLING CODE 7535–01–P telephone: (202) 267–8783. List of Subjects in 12 CFR Part 791 SUPPLEMENTARY INFORMATION: Administrative practice and DEPARTMENT OF TRANSPORTATION Authority for This Rulemaking procedure, Credit unions, Sunshine Act. The FAA’s authority to issue rules By the National Credit Union Federal Aviation Administration regarding aviation safety is found in Administration Board on September 17, Title 49 of the United States Code. 2015. 14 CFR Part 71 Subtitle I, Section 106 describes the Gerard Poliquin, [Docket No. FAA–2015–2905; Airspace authority of the FAA Administrator. Secretary of the Board. Docket No. 15–AWA–3] Subtitle VII, Aviation Programs, describes in more detail the scope of the For the reasons discussed above, the RIN 2120–AA66 Board amends IRPS 87–2 (as amended agency’s authority. This rulemaking is by IRPS 03–2 and IRPS 13–1) by Amendment of Class C Airspace; promulgated under the authority revising the second sentence of Portland International Airport, OR described in Subtitle VII, Part A, paragraph 2 of Section II and replacing Subpart I, Section 40103. Under that AGENCY: Federal Aviation the last two sentences of paragraph 2 of section, the FAA is charged with Administration (FAA), DOT. Section II to read as follows: prescribing regulations to assign the use ACTION: Final rule, technical of airspace necessary to ensure the Interpretive Ruling and Policy amendment. safety of aircraft and the efficient use of Statement 87–2 airspace. This regulation is within the SUMMARY: This action amends * * * * * scope of that authority as it updates the geographic coordinates of Portland geographic coordinates of Portland II. Procedures for the Development of International Airport, Portland, OR, International Airport, Portland, OR. Regulations under Class C airspace, due to recent surveys of the airport. This action also History * * * * * 2. * * * NCUA will designate updates the name and geographic During a review of the airspace for federally insured credit unions with less coordinates of satellite airports Portland International Airport, Portland, than $100 million in assets as small referenced in the Portland description. OR, the FAA identified that the airport’s entities. * * * Every three years, the This action does not change the geographic coordinates were incorrect. NCUA Board will review and consider boundaries or operating requirements of This action updates the geographic adjusting the asset threshold it uses to the airspace. coordinates to coincide with the FAA’s define small entities for purposes of DATES: Effective date 0901 UTC, aeronautical database for the respective analyzing whether a regulation will December 10, 2015. The Director of the Class C airspace area. Additionally, this have a significant economic impact on Federal Register approves this action updates the names and a substantial number of small entities. incorporation by reference action under geographic coordinates of referenced title 1, Code of Federal Regulations, part * * * * * airports within the Portland For the reasons discussed above, the 51, subject to the annual revision of International Airport’s Class C airspace Board amends 12 CFR part 791 as FAA Order 7400.9 and publication of description. follows: conforming amendments. Class C airspace designations are ADDRESSES: FAA Order 7400.9Z, published in paragraph 4000 of FAA PART 791—RULES OF NCUA BOARD Airspace Designations and Reporting Order 7400.9Z dated August 6, 2015, PROCEDURES; PROMULGATION OF Points and subsequent amendments can and effective September 15, 2015, which NCUA RULES AND REGULATIONS; be viewed online at http://www.faa.gov/ is incorporated by reference in 14 CFR PUBLIC OBSERVATION OF NCUA airtraffic/publications/. For further 71.1. The Class C airspace designations BOARD MEETINGS information, you can contact the listed in this document will be Airspace Policy and Regulations Group, published subsequently in the Order. ■ 1. The authority citation for part 791 Federal Aviation Administration, 800 Availability and Summary of continues to read as follows: Independence Avenue SW., Documents for Incorporation by Washington, DC 20591; telephone: (202) Authority: 12 U.S.C. 1766, 1789 and 5 Reference U.S.C 552b. 267–8783. ■ 2. In § 791.8, revise paragraph (a) to The order is also available for This document amends FAA Order read as follows: inspection at the National Archives and 7400.9Z, Airspace Designations and Records Administration (NARA). For Reporting Points, dated August 6, 2015, § 791.8 Promulgation of NCUA rules and information on the availability of this and effective September 15, 2015. FAA regulations. material at NARA, call (202) 741–6030, Order 7400.9Z is publicly available as (a) NCUA’s procedures for developing or go to http://www.archives.gov/ listed in the ADDRESSES section of this regulations are governed by the federal_register/code_of_federal_ final rule. FAA Order 7400.9Z lists Administrative Procedure Act (5 U.S.C. regulations/ibr_locations.html. Class A, B, C, D, and E airspace areas, 551 et seq.), the Regulatory Flexibility FAA Order 7400.9, Airspace air traffic service routes, and reporting Act (5 U.S.C. 601 et seq.), and NCUA’s Designations and Reporting Points, is points.
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The Rule PART 71—DESIGNATION OF CLASS A, Issued in Washington, DC, on September B, C, D, AND E AIRSPACE AREAS; AIR 15, 2015. This amendment to Title 14, Code of TRAFFIC SERVICE ROUTES; AND Gary A. Norek, Federal Regulations (14 CFR) part 71 REPORTING POINTS Manager, Airspace Policy and Regulations amends Class C airspace at Portland Group. International Airport, Portland, OR, by ■ 1. The authority citation for part 71 adjusting the geographic coordinates to [FR Doc. 2015–23997 Filed 9–23–15; 8:45 am] continues to read as follows: reflect recent survey data. This rule also BILLING CODE 4910–13–P adjusts the Evergreen North-South Authority: 49 U.S.C. 106(f), 106(g); 40103, Airpark, Vancouver, WA, formerly 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, DEPARTMENT OF TRANSPORTATION Evergreen Airport, and Pearson Field, 1959–1963 Comp., p. 389. Vancouver, WA, formerly Pearson § 71.1 [Amended] Federal Aviation Administration Airpark. This is an administrative change and ■ 2. The incorporation by reference in 14 CFR Part 71 does not affect the boundaries, altitudes, 14 CFR 71.1 of FAA Order 7400.9Z, Airspace Designations and Reporting [Docket No. FAA–2015–0690; Airspace or operating requirements of the Docket No. 15–AWA–1] airspace, therefore, notice and public Points, dated August 6, 2015, effective procedure under 5 U.S.C. 553(b) is September 15, 2015, is amended as RIN 2120–AA66 unnecessary. follows: Amendment of Class C Airspace; Regulatory Notices and Analyses Paragraph 4000 Class C Airspace Burbank, CA * * * * * The FAA has determined that this AGENCY: Federal Aviation ANM OR C Portland International Airport, Administration (FAA), DOT. regulation only involves an established OR [Amended] body of technical regulations for which ACTION: Final rule, technical frequent and routine amendments are Portland International Airport, OR amendment. (Lat. 45°35′19″ N., long. 122°35′49″ W.) necessary to keep them operationally Evergreen North-South Airpark SUMMARY: This action amends the name current, is non-controversial and (Lat. 45°37′33″ N., long. 122°31′52″ W.) unlikely to result in adverse or negative and geographic coordinates of the Pearson Field Burbank-Glendale-Pasadena Airport at comments. It, therefore, (1) is not a (Lat. 45°37′14″ N., long. 122°39′23″ W.) ‘‘significant regulatory action’’ under Burbank, CA. The Burbank-Glendale- That airspace extending upward from the Pasadena Airport has been renamed Bob Executive Order 12866; (2) is not a surface to and including 4,000 feet MSL ‘‘significant rule’’ under DOT Hope Airport and geographic within a 5-mile radius of Portland coordinates are updated to reflect recent Regulatory Policies and Procedures (44 International Airport, excluding that airspace surveys of the airport. FR 11034; February 26, 1979); and (3) within a 1-mile radius of Evergreen North- does not warrant preparation of a South Airpark and that airspace from the DATES: Effective date 0901 UTC, Regulatory Evaluation as the anticipated 003° bearing from Evergreen North-South December 10, 2015. The Director of the impact is so minimal. Since this is a Airpark clockwise to the 105° bearing from Federal Register approves this routine matter that only affects air traffic Evergreen North-South Airpark, and incorporation by reference action under procedures and air navigation, it is excluding that airspace up to but not title 1, Code of Federal Regulations, part including 1,100 feet MSL in an area bounded certified that this rule, when 51, subject to the annual revision of by a line beginning at the point where the FAA Order 7400.9 and publication of promulgated, does not have a significant ° 019 bearing from Pearson Field intersects conforming amendments. economic impact on a substantial the 5-mile arc from Portland International ADDRESSES: FAA Order 7400.9Z, number of small entities under the Airport extending southeast to a point 11⁄2 criteria of the Regulatory Flexibility Act. miles east of Pearson Field on the extended Airspace Designations and Reporting centerline of Runway 8/26 and thence south Points, and subsequent amendments can Environmental Review to the north shore of the Columbia River and be viewed online at http://www.faa.gov/ air_traffic/publications/. For further The FAA has determined that this thence west via the north shore of the Columbia River to the 5-mile arc from information, you can contact the action qualifies for categorical exclusion Portland International; and excluding that Airspace Policy and Regulations Group, under the National Environmental airspace west of the east bank of the Federal Aviation Administration, 800 Policy Act in accordance with FAA Willamette River; and that airspace extending Independence Avenue SW., Order 1050.1E, ‘‘Environmental upward from 2,000 feet MSL to and Washington, DC 20591; telephone: (202) Impacts: Policies and Procedures,’’ including 4,000 feet MSL within a 10-mile 267–8783. The Order is also available paragraph 311a. This airspace action is radius of Portland International Airport from for inspection at the National Archives not expected to cause any potentially the 004° bearing from the airport clockwise and Records Administration (NARA). significant environmental impacts, and to the 093° bearing from the airport, and that For information on the availability of no extraordinary circumstances exist airspace extending upward from 1,700 feet this material at NARA, call (202) 741– that warrant preparation of an MSL to and including 4,000 feet MSL within ° 6030, or go to http://www.archives.gov/ environmental assessment. a 10-mile radius of the airport from the 093 bearing from the airport clockwise to the 196° federal_register/code_of_federal- Lists of Subjects in 14 CFR Part 71 bearing from the airport, and that airspace regulations/ibr_locations.html. extending upward from 2,300 feet MSL to FAA Order 7400.9, Airspace Airspace, Incorporation by reference, and including 4,000 feet MSL from the 196° Designations and Reporting Points, is ° Navigation (air). bearing from the airport clockwise to the 268 published yearly and effective on bearing from the airport, and that airspace September 15. Adoption of the Amendment extending upward from 1,800 feet MSL to and including 4,000 feet MSL within a 10- FOR FURTHER INFORMATION CONTACT: In consideration of the foregoing, the mile radius of the airport from the 268° Jason Stahl, Airspace Policy and Federal Aviation Administration bearing from the airport clockwise to the 004° Regulations Group, Office of Airspace amends 14 CFR part 71 as follows: bearing from the airport. Services, Federal Aviation
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Administration, 800 Independence 91.130). The name of the Burbank- Authority: 49 U.S.C. 106(f), 106(g), 40103, Avenue SW., Washington, DC 20591; Glendale-Pasadena Airport is changed 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, telephone: (202) 267–8783. to Bob Hope Airport and the geographic 1959–1963 Comp., p. 389. SUPPLEMENTARY INFORMATION: coordinates are updated. This rule is § 71.1 [Amended] meant to insure pilots do not confuse Authority for This Rulemaking instructions provided to them by Air ■ 2. The incorporation by reference in The FAA’s authority to issue rules Traffic Control. 14 CFR 71.1 of FAA Order 7400.9Z, regarding aviation safety is found in This is an administrative change and Airspace Designations and Reporting Title 49 of the United States Code. does not affect the boundaries, altitudes, Points, dated August 6, 2015, effective Subtitle I, Section 106 describes the or operating requirements of the September 15, 2015, is amended as authority of the FAA Administrator. airspace, therefore, notice and public follows: Subtitle VII, Aviation Programs, procedure under 5 U.S.C. 553(b) is Paragraph 4000 Class C Airspace describes in more detail the scope of the unnecessary. agency’s authority. This rulemaking is * * * * * Regulatory Notices and Analyses promulgated under the authority AWP CA C Burbank-Glendale-Pasadena described in Subtitle VII, Part A, The FAA has determined that this Airport, CA [Remove] Subpart I, Section 40103. Under that regulation only involves an established AWP CA C Burbank, CA [New] section, the FAA is charged with body of technical regulations for which Bob Hope Airport, CA prescribing regulations to assign the use frequent and routine amendments are ° ′ ″ ° ′ ″ of the airspace necessary to ensure the necessary to keep them operationally (Lat. 34 12 03 N., long. 118 21 31 W.) Whiteman Airport safety of aircraft and the efficient use of current, is non-controversial and (Lat. 34°15′35″ N., long. 118°24′48″ W.) airspace. This regulation is within the unlikely to result in adverse or negative That airspace extending upward from the scope of that authority as it modifies the comments. It, therefore, (1) is not a surface to and including 4,800 feet MSL air traffic service route structure in the ‘‘significant regulatory action’’ under within a 5-mile radius of Bob Hope Airport north central United States to maintain Executive Order 12866; (2) is not a excluding that airspace below 3,000 feet MSL the efficient flow of air traffic. ‘‘significant rule’’ under DOT within a 1.8-mile radius of Whiteman Regulatory Policies and Procedures (44 Airport, and excluding that airspace below History FR 11034; February 26, 1979); and (3) 3,500 feet MSL east of a direct line from a During a biennial review of the does not warrant preparation of a point 5 miles on the 004° bearing from the ° Burbank-Glendale-Pasadena Airport’s Regulatory Evaluation as the anticipated airport to a point 5 miles on the 090 bearing airspace the FAA identified that the impact is so minimal. Since this is a from the airport; and that airspace extending upward from 3,000 feet MSL to and airport’s name had been changed to Bob routine matter that only affects air traffic Hope Airport and the geographic including 4,800 feet MSL within a 10-mile procedures and air navigation, it is radius of Bob Hope Airport from the 104° coordinates were incorrect. This action certified that this rule, when bearing clockwise to the 004° bearing from updates the name and geographic promulgated, does not have a significant the airport excluding that airspace south of coordinates to coincide with the FAA’s economic impact on a substantial the north boundary of the Los Angeles, CA, aeronautical database for the respective number of small entities under the Class B airspace area, and excluding that Class C airspace area. criteria of the Regulatory Flexibility Act. airspace beyond an 8-mile radius north and Class C airspace designations are east of the 294° bearing, and excluding that published in paragraph 4000 of FAA Environmental Review airspace beyond 5 miles north and east of a ° Order 7400.9Z dated August 6, 2015, The FAA has determined that this line from a point 8 miles on the 343 bearing and effective September 15, 2015, which from the airport to a point 5 miles on the action qualifies for categorical exclusion 004° bearing from the airport. is incorporated by reference in 14 CFR under the National Environmental 71.1. The Class C airspace designations Policy Act in accordance with FAA Issued in Washington, DC, on September listed in this document will be Order 1050.1E, ‘‘Environmental 15, 2015. published subsequently in the Order. Impacts: Policies and Procedures,’’ Gary A. Norek, paragraph 311a. This airspace action is Manager, Airspace Policy and Regulations Availability and Summary of Group. Documents for Incorporation by not expected to cause any potentially Reference significant environmental impacts, and [FR Doc. 2015–23994 Filed 9–23–15; 8:45 am] no extraordinary circumstances exist BILLING CODE 4910–13–P This document amends FAA Order that warrant preparation of an 7400.9Z, airspace Designations and environmental assessment. Reporting Points, dated August 6, 2015, DEPARTMENT OF TRANSPORTATION and effective September 15, 2015. FAA Lists of Subjects in 14 CFR Part 71 Order 7400.9Z is publicly available as Airspace, Incorporation by reference, Federal Aviation Administration listed in the ADDRESSES section of this Navigation (air). final rule. FAA Order 7400.9Z lists 14 CFR Part 71 Class A, B, C, D, and E airspace areas, Adoption of the Amendment air traffic service routes, and reporting In consideration of the foregoing, the Docket No. FAA–2015–3601; Airspace points. Federal Aviation Administration Docket No. 15–AGL–5 amends 14 CFR part 71 as follows: The Rule RIN 2120–AA66 This amendment to Title 14, Code of PART 71—DESIGNATION OF CLASS A, Revocation of Jet Route J–513; North Federal Regulations (14 CFR) part 71 B, C, D, AND E AIRSPACE AREAS; AIR Central United States amends the Class C airspace within TRAFFIC SERVICE ROUTES; AND which all aircraft operators are subject REPORTING POINTS AGENCY: Federal Aviation to operating rules and equipment Administration (FAA), DOT. requirements of Part 91 of the Federal ■ 1. The authority citation for Part 71 ACTION: Final rule. Aviation Regulations (see 14 CFR continues to read as follows:
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SUMMARY: This action removes jet route Background The Rule J–513 in the north central United States. The FAA is taking this action to reflect In 1969, the FAA published in the The FAA is amending Title 14 of the and accommodate route changes made Federal Register a rule that established Code of Federal Regulations (14 CFR) in Canadian airspace as part of Canada’s J–513 from the Lakehead, Ontario, part 71 by removing jet route J–513. Windsor-Toronto-Montreal (WTM) Canada, VHF Omnidirection Range This action responds to the route airspace redesign project. Tactical Air Navigation (VORTAC) changes made in Canadian airspace as navigation aid (NAVAID) to the part of Canada’s WTM airspace redesign DATES: Effective date 0901 UTC, Sudbury, Ontario, Canada, VHF project. This action removes a route that December 10, 2015. The Director of the Omnidirection Range/Distance was put in place in accordance with a Federal Register approves this Measuring Equipment (VOR/DME) request from the Canadian Department incorporation by reference action under NAVAID (34 FR 12133, July 19, 1969). of Transport, which traversed through title 1, Code of Federal Regulations, part The route, extending through a small Canadian and U.S. airspace. Canada has 51, subject to the annual revision of portion of airspace over the north subsequently removed this route and FAA, Order 7400.9 and publication of central United States, was established in the route no longer exists on conforming amendments. response to a request from the Canadian aeronautical charts. Therefore, notice ADDRESSES: FAA Order 7400.9Z, Department of Transport advising they and public procedure under 5 U.S.C. Airspace Designations and Reporting had an immediate requirement for a 553(b) are unnecessary. Points, and subsequent amendments can high level airway to be designated from Jet routes are published in paragraph be viewed online at http://www.faa.gov/ Lakehead to Sudbury. When it was 2004 of FAA Order 7400.9Z dated _ air traffic/publications/. For further established, J–513 joined to Canadian August 6, 2015, and effective September information, you can contact the high level airway No. HL–513. 15, 2015, which is incorporated by Airspace Policy and Regulations Group, reference in 14 CFR 71.1. The jet route Federal Aviation Administration, 800 In 1970, the FAA published in the Federal Register a rule to amend J–513 listed in this document will be Independence Avenue SW., subsequently removed in the Order. Washington, DC 20591; telephone: (202) (35 FR 3659, February 25, 1970). The 267–8783. The Order is also available amendment changed the name of the Regulatory Notices and Analyses Lakehead, Ontario, Canada, VORTAC to for inspection at the National Archives The FAA has determined that this and Records Administration (NARA). Thunder Bay. As a result, the J–513 description was amended to reflect the regulation only involves an established For information on the availability of body of technical regulations for which this material at NARA, call (202) 741– route from the Thunder Bay, Ontario, Canada, VORTAC to the Sudbury, frequent and routine amendments are 6030, or go to http://www.archives.gov/ necessary to keep them operationally federal_register/code_of_federal- Ontario, Canada, VOR/DME, excluding _ the airspace within Canada. current. Therefore, this regulation: (1) Is regulations/ibr locations.html. not a ‘‘significant regulatory action’’ FAA Order 7400.9, Airspace In November 2014, Canada removed under Executive Order 12866; (2) is not Designations and Reporting Points, is the portions of J–513 in Canadian a ‘‘significant rule’’ under Department of published yearly and effective on airspace as part of their WTM airspace Transportation (DOT) Regulatory September 15. redesign program; however, Policies and Procedures (44 FR 11034; FOR FURTHER INFORMATION CONTACT: corresponding action for the portion of February 26, 1979); and (3) does not Colby Abbott, Airspace Policy and J–513 in United States airspace was not warrant preparation of a regulatory Regulations Group, Office of Airspace accomplished by the FAA. This evaluation as the anticipated impact is Services, Federal Aviation disconnect led to the charted depiction so minimal. Since this is a routine Administration, 800 Independence of J–513 being removed from the matter that only affects air traffic Avenue SW., Washington, DC 20591; Instrument Flight Rules (IFR) high procedures and air navigation, it is telephone: (202) 267–8783. altitude enroute charts, but the legal certified that this rule, when description remained in FAA Order SUPPLEMENTARY INFORMATION: promulgated, does not have a significant 7400.9 and the National Airspace economic impact on a substantial Authority for This Rulemaking System Repository (NASR). number of small entities under the The FAA’s authority to issue rules Since the basis for which J–513 was criteria of the Regulatory Flexibility Act. originally established no longer exists, regarding aviation safety is found in Environmental Review Title 49 of the United States Code. the FAA is removing the route from 14 Subtitle I, Section 106 describes the CFR part 71 and FAA Order 7400.9. The FAA has determined that this authority of the FAA Administrator. Subsequently, the FAA will remove the action qualifies for categorical exclusion Subtitle VII, Aviation Programs, route from the NASR database. under the National Environmental describes in more detail the scope of the Availability and Summary of Policy Act in accordance with FAA agency’s authority. This rulemaking is Documents for Incorporation by Order 1050.1E, Environmental Impacts: promulgated under the authority Reference Policies and Procedures, paragraph 5– described in Subtitle VII, Part A, 6.5a. This airspace action consists of Subpart I, Section 40103. Under that This document amends FAA Order modifying an airway and it is not section, the FAA is charged with 7400.9Z, Airspace Designations and expected to cause any potentially prescribing regulations to assign the use Reporting Points, dated August 6, 2015, significant environmental impacts, and of the airspace necessary to ensure the and effective September 15, 2015. FAA no extraordinary circumstances exists safety of aircraft and the efficient use of Order 7400.9Z is publicly available as that warrant preparation of an airspace. This regulation is within the listed in the ADDRESSES section of this environmental assessment. scope of that authority as it modifies the document. FAA Order 7400.9Z lists List of Subjects in 14 CFR Part 71 air traffic service route structure in the Class A, B, C, D, and E airspace areas, north central United States to maintain air traffic service routes, and reporting Airspace, Incorporation by reference, the efficient flow of air traffic. points. Navigation (air).
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The Amendment the annual revision of FAA Order Class E airspace designations are In consideration of the foregoing, the 7400.9 and publication of conforming published in paragraph 6005 of FAA Federal Aviation Administration amendments. Order 7400.9Z, dated August 6, 2015, and effective September 15, 2015, which amends 14 CFR part 71 as follows: ADDRESSES: FAA Order 7400.9Z, is incorporated by reference in 14 CFR Airspace Designations and Reporting 71.1. The Class E airspace designations PART 71—DESIGNATION OF CLASS A, Points, and subsequent amendments can listed in this document will be B, C, D, AND E AIRSPACE AREAS; AIR be viewed online at http://www.faa.gov/ published subsequently in the Order. TRAFFIC SERVICE ROUTES; AND air_traffic/publications/. For further REPORTING POINTS information, you can contact the Availability and Summary of Airspace Policy and ATC Regulations Documents for Incorporation by ■ 1. The authority citation for part 71 Group, Federal Aviation Reference continues to read as follows: Administration, 800 Independence This document amends FAA Order Authority: 49 U.S.C. 106(f), 106(g); 40103, Avenue SW., Washington, DC 29591; 7400.9Z, airspace Designations and 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, telephone: 202–267–8783. The Order is 1959–1963 Comp., p. 389. Reporting Points, dated August 6, 2015, also available for inspection at the and effective September 15, 2015. FAA § 71.1 [Amended] National Archives and Records Order 7400.9Z is publicly available as Administration (NARA). For ■ 2. The incorporation by reference in listed in the ADDRESSES section of this information on the availability of this final rule. FAA Order 7400.9Z lists 14 CFR 71.1 of FAA Order 7400.9Z, material at NARA, call 202–741–6030, Airspace Designations and Reporting Class A, B, C, D, and E airspace areas, or go to http://www.archives.gov/ air traffic service routes, and reporting Points, dated August 6, 2015 and _ _ _ federal register/code of federal- points. effective September 15, 2015, is regulations/ibr_locations.html. amended as follows: FAA Order 7400.9, Airspace The Rule Paragraph 2004 Jet Routes Designations and Reporting Points, is This amendment to Title 14, Code of published yearly and effective on Federal Regulations (14 CFR) part 71 * * * * * September 15. modifies Class E airspace extending J–513 [Removed] FOR FURTHER INFORMATION CONTACT: upward from 700 feet above the surface Steve Haga, Federal Aviation at Blake Field Airport, Delta, CO. Issued in Washington, DC, on September Administration, Operations Support Controlled airspace is established 15, 2015. Group, Western Service Center, 1601 within a 3.8-mile radius of Blake Field Gary A. Norek, Lind Avenue SW., Renton, WA, 98057; Airport, with segments extending from Manager, Airspace Policy and Regulations telephone (425) 203–4563. the 4-mile radius to 7.5 miles northeast, Group. and 12 miles southwest of the airport. SUPPLEMENTARY INFORMATION: [FR Doc. 2015–24101 Filed 9–23–15; 8:45 am] Development of new RNAV (GPS) BILLING CODE 4910–13–P Authority for This Rulemaking standard instrument approach procedures has made this action The FAA’s authority to issue rules necessary for continued safety and DEPARTMENT OF TRANSPORTATION regarding aviation safety is found in management of IFR operations at the Title 49 of the United States Code. airport. Federal Aviation Administration Subtitle I, Section 106 describes the authority of the FAA Administrator. Regulatory Notices and Analyses 14 CFR Part 71 Subtitle VII, Aviation Programs, The FAA has determined that this describes in more detail the scope of the regulation only involves an established [Docket No. FAA–2015–0343; Airspace agency’s authority. This rulemaking is Docket No. 14–ANM–10] body of technical regulations for which promulgated under the authority frequent and routine amendments are Establishment of Class E Airspace, described in Subtitle VII, Part A, necessary to keep them operationally Delta, CO Subpart I, Section 40103. Under that current, is non-controversial and section, the FAA is charged with unlikely to result in adverse or negative AGENCY: Federal Aviation prescribing regulations to assign the use comments. It, therefore, (1) is not a Administration (FAA), DOT. of airspace necessary to ensure the ‘‘significant regulatory action’’ under ACTION: Final rule. safety of aircraft and the efficient use of Executive Order 12866; (2) is not a airspace. This regulation is within the ‘‘significant rule’’ under DOT SUMMARY: This action establishes Class scope of that authority as it establishes Regulatory Policies and Procedures (44 E airspace extending upward from 700 controlled airspace at Blake Field FR 11034; February 26, 1979); and (3) feet above the surface at Blake Field Airport, Delta CO. does not warrant preparation of a Airport, Delta CO, to accommodate new History Regulatory Evaluation as the anticipated Area Navigation (RNAV) Global impact is so minimal. Since this is a Positioning System (GPS) standard On June 22, 2015, the FAA published routine matter that only affects air traffic instrument approach procedures in the Federal Register a notice of procedures and air navigation, it is developed for the airport. This action proposed rulemaking (NPRM) to modify certified that this rule, when enhances the safety and management of Class E airspace extending upward from promulgated, does not have a significant Instrument Flight Rules (IFR) operations 700 feet above the surface at Blake Field economic impact on a substantial at the airport. Airport, Delta CO (80 FR 35597). number of small entities under the DATES: Effective 0901 UTC, December Interested parties were invited to criteria of the Regulatory Flexibility Act. 10, 2015. The Director of the Federal participate in this rulemaking effort by Register approves this incorporation by submitting written comments on the Environmental Review reference action under title 1, Code of proposal to the FAA. No comments The FAA has determined that this Federal Regulations, part 51, subject to were received. action qualifies for categorical exclusion
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under the National Environmental Issued in Seattle, Washington, on FOR FURTHER INFORMATION CONTACT: Raul Policy Act in accordance with FAA September 09, 2015. Garza, Jr., Central Service Center, Order 1050.1E, ‘‘Environmental Christopher Ramirez, Operations Support Group, Federal Impacts: Policies and Procedures,’’ Manager, Operations Support Group, Western Aviation Administration, Southwest paragraph 311a. This airspace action is Service Center. Region, 2601 Meacham Blvd., Fort not expected to cause any potentially [FR Doc. 2015–23992 Filed 9–23–15; 8:45 am] Worth, TX 76137; telephone 817–868– significant environmental impacts, and BILLING CODE 4910–13–P 2927. no extraordinary circumstances exist SUPPLEMENTARY INFORMATION: that warrant preparation of an environmental assessment. DEPARTMENT OF TRANSPORTATION Authority for This Rulemaking The FAA’s authority to issue rules Lists of Subjects in 14 CFR Part 71 Federal Aviation Administration regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Airspace, Incorporation by reference, 14 CFR Part 71 Navigation (air). Section 106(f), describes the authority of [Docket No. FAA–2015–1869; Airspace the FAA Administrator. Subtitle VII, Adoption of the Amendment: Docket No. 15–AGL–9] Aviation Programs, describes in more detail the scope of the agency’s In consideration of the foregoing, the Establishment of Class E Airspace; authority. This rulemaking is Federal Aviation Administration Newberry, MI promulgated under the authority amends 14 CFR part 71 as follows: AGENCY: Federal Aviation described in Subtitle VII, Part A, PART 71—DESIGNATION OF CLASS A, Administration (FAA), DOT. Subpart I, Section 40103. Under that section, the FAA is charged with B, C, D, AND E AIRSPACE AREAS; AIR ACTION: Final rule. prescribing regulations to assign the use TRAFFIC SERVICE ROUTES; AND of airspace necessary to ensure the REPORTING POINTS SUMMARY: This action establishes Class E airspace at the Newberry VHF Omni- safety of aircraft and the efficient use of Directional Radio Range/Distance airspace. This regulation is within the ■ 1. The authority citation for Part 71 Measuring Equipment (VOR/DME), scope of that authority as it establishes continues to read as follows: Newberry, MI, to facilitate vectoring of controlled airspace at the Newberry Authority: 49 U.S.C. 106(f), 106(g); 40103, Instrument Flight Rules (IFR) aircraft VOR/DME, Newberry, MI. 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, under control of Minneapolis Air Route History 1959–1963 Comp., p. 389. Traffic Control Center (ARTCC). This action enhances the safety and On June 24, 2015, the FAA published § 71.1 [Amended] efficiency of aircraft operations within in the Federal Register a notice of proposed rulemaking (NPRM) to ■ 2. The incorporation by reference in the National Airspace System (NAS). A minor change in the regulatory text is establish Class E airspace for the 14 CFR 71.1 of FAA Order 7400.9Z, Newberry, MI area, creating controlled Airspace Designations and Reporting made to align the new Class E airspace with Minneapolis ARTCC’s airspace. airspace at the Newberry VOR/DME Points, dated August 6, 2015, and within Minneapolis ARTCC boundaries DATES: effective September 15, 2015, is Effective date: 0901 UTC, (80 FR 36264) Docket No. FAA–2015– amended as follows: December 10, 2015. The Director of the 1869. Interested parties were invited to Federal Register approves this participate in this rulemaking effort by Paragraph 6005 Class E Airspace Areas incorporation by reference action under submitting written comments on the Extending Upward From 700 Feet or More 1 Code of Federal Regulations, Part 51, Above the Surface of the Earth proposal to the FAA. No comments subject to the annual revision of FAA were received. Subsequent to * * * * * Order 7400.9 and publication of publication, the FAA found that the conforming amendments. ANM WA E5 Delta, CO [New] airspace coordinates in the legal ADDRESSES: FAA Order 7400.9Z, Blake Field Airport, CO description will change slightly to allow ° ′ ″ ° ′ ″ Airspace Designations and Reporting alignment of the new Class E airspace (Lat. 38 47 11 N., long. 108 03 49 W.) Points, and subsequent amendments can Blake Field, point in space coordinates with the boundaries of Minneapolis be viewed on line at http:// (Lat. 38°47′43″ N., long. 107°58′46″ W.) ARTCC. www.faa.gov/airtraffic/publications/. Class E airspace designations are That airspace extending upward from 700 For further information, you can contact published in paragraph 6005 of FAA feet above the surface within 3.8-mile radius the Airspace Policy and ATC Order 7400.9Z dated August 6, 2015, of Blake Field Airport, and that airspace 2.0 Regulations Group, Federal Aviation miles northwest and 2.5 miles southeast of and effective September 15, 2015, which Administration, 800 Independence the 227° bearing from the airport extending is incorporated by reference in 14 CFR Avenue SW., Washington, DC 29591; from the 3.8-mile radius to 12 miles 71.1. The Class E airspace designation southwest of the airport, and that airspace telephone: 202–267–8783. The Order is listed in this document will be within a 4.0-mile radius of point in space also available for inspection at the published subsequently in the Order. ° ′ ″ National Archives and Records coordinates at lat. 38 47 43 N., long. Availability and Summary of 107°58′46″ W., from a point where the 4.0- Administration (NARA). For information on the availability of this Documents for Incorporation by mile radius of the point in space intersects Reference the 3.8 mile radius of the airport; thence material at NARA, call 202–741–6030, clockwise along the 4.0-mile radius of the or go to http://www.archives.gov/ This document amends FAA Order point in space to where the Blake Field federal_register/code_of_federal- 7400.9Z, airspace Designations and Airport 48° bearing intersects the 4.0-mile regulations/ibr_locations.html. Reporting Points, dated August 6, 2015, radius; thence south to lat. 38°47′34″ N., FAA Order 7400.9, Airspace and effective September 15, 2015. FAA long. 107°57′03″ W.; thence west to where Designations and Reporting Points, is Order 7400.9Z is publicly available as the Blake Field Airport 79° bearing intersects published yearly and effective on listed in the ADDRESSES section of this the 3.8 mile radius of the airport. September 15. final rule. FAA Order 7400.9Z lists
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Class A, B, C, D, and E airspace areas, Authority: 49 U.S.C. 106(f), 106(g), 40103, DATES: Effective 0901 UTC, December air traffic service routes, and reporting 40113, 40120; E. O. 10854, 24 FR 9565, 3 10, 2015. The Director of the Federal points. CFR, 1959–1963 Comp., p. 389. Register approves this incorporation by reference action under title 1, Code of The Rule § 71.1 [Amended] Federal Regulations, part 51, subject to This action amends Title 14 Code of ■ 2. The incorporation by reference in the annual revision of FAA Order Federal Regulations (14 CFR) Part 71 by 14 CFR 71.1 of FAA Order 7400.9Z, 7400.9 and publication of conforming establishing Class E airspace extending Airspace Designations and Reporting amendments. upward from 1,200 feet above the Points, dated August 6, 2015, and ADDRESSES: surface at the Newberry VOR/DME effective September 15, 2015, is FAA Order 7400.9Z, navigation aid, Newberry, MI, to contain amended as follows: Airspace Designations and Reporting aircraft while in IFR conditions under Points, and subsequent amendments can Paragraph 6006 Enroute Domestic Airspace be viewed online at http://www.faa.gov/ control of Minneapolis ARTCC by safely Areas _ vectoring aircraft from en route airspace air traffic/publications/. For further * * * * * to terminal areas. Controlled airspace is information, you can contact the needed for the safety and management AGL MI E6 Newberry, MI [New] Airspace Policy and ATC Regulations Group, Federal Aviation of IFR operations within the confines of Newberry VOR/DME, MI Minneapolis ARTCC airspace. Lat. 46°18′45″ N., long. 085°27′49″ W. Administration, 800 Independence Avenue SW., Washington, DC 29591; The FAA has determined that this That airspace extending upward from regulation only involves an established 1,200 feet above the surface within an area telephone: 202–267–8783. The Order is body of technical regulations for which bounded by lat. 46°58′41″ N., long. also available for inspection at the frequent and routine amendments are 086°25′25″ W.; to lat. 45°44′17″ N., long. National Archives and Records necessary to keep them operationally 086°27′14″ W.; to lat. 45°43′49″ N., long. Administration (NARA). For current. Therefore, this regulation: (1) Is 085°20′28″ W.; to lat. 46°29′24″ N., long. information on the availability of this ° ′ ″ ° ′ ″ not a ‘‘significant regulatory action’’ 084 50 43 W.; to lat. 46 48 24 N., long. material at NARA, call 202–741–6030, 085°51′50″ W., to lat. 46°58′30″ N., long. or go to http://www.archives.gov/ under Executive Order 12866; (2) is not ° ′ ″ 086 25 01 W., thence to the point of federal_register/code_of_federal- a ‘‘significant rule’’ under DOT beginning, excluding that airspace within Regulatory Policies and Procedures (44 regulations/ibr_locations.html. Federal airways and within Canadian FAA Order 7400.9, Airspace FR 11034; February 26, 1979); and (3) airspace. does not warrant preparation of a Designations and Reporting Points, is regulatory evaluation as the anticipated Issued in Fort Worth, TX, on August 27, published yearly and effective on 2015. impact is so minimal. Since this is a September 15. routine matter that only affects air traffic Robert W. Beck, FOR FURTHER INFORMATION CONTACT: procedures and air navigation, it is Manager, Operations Support Group, ATO Steve Haga, Federal Aviation certified that this rule, when Central Service Center. Administration, Operations Support promulgated, does not have a significant [FR Doc. 2015–23987 Filed 9–23–15; 8:45 am] Group, Western Service Center, 1601 economic impact on a substantial BILLING CODE 4910–13–P Lind Avenue SW., Renton, WA 98057; number of small entities under the telephone (425) 203–4563. criteria of the Regulatory Flexibility Act. SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION Environmental Review Authority for This Rulemaking Federal Aviation Administration The FAA has determined that this The FAA’s authority to issue rules action qualifies for categorical exclusion 14 CFR Part 71 regarding aviation safety is found in under the National Environmental Title 49 of the United States Code. Policy Act in accordance with FAA Subtitle I, Section 106 describes the Order 1050.1E, ‘‘Environmental Docket No. FAA–2015–1089; Airspace authority of the FAA Administrator. Docket No. 15–ANM–11 Impacts: Policies and Procedures,’’ Subtitle VII, Aviation Programs, paragraph 311a. This airspace action is Amendment of Class E Airspace; describes in more detail the scope of the not expected to cause any potentially Douglas, WY agency’s authority. This rulemaking is significant environmental impacts, and promulgated under the authority no extraordinary circumstances exist AGENCY: Federal Aviation described in Subtitle VII, Part A, that warrant preparation of an Administration (FAA), DOT. Subpart I, Section 40103. Under that environmental assessment. ACTION: Final rule. section, the FAA is charged with List of Subjects in 14 CFR Part 71 prescribing regulations to assign the use SUMMARY: This action modifies Class E of airspace necessary to ensure the Airspace, Incorporation by reference, airspace at Converse County Airport, safety of aircraft and the efficient use of Navigation (air). Douglas, WY, to accommodate new airspace. This regulation is within the Adoption of the Amendment Standard Instrument Approach scope of that authority as it establishes Procedures (SIAPs) at Converse County In consideration of the foregoing, the controlled airspace at Converse County Airport, and addresses an inaccuracy Federal Aviation Administration Airport, Douglas, WY. identified by FAA Airspace Policy and amends 14 CFR part 71 as follows: Support that V–19, which is no longer History PART 71—DESIGNATION OF CLASS A, located in the area, is used in the legal On June 23, 2015, the FAA published B, C, D, AND E AIRSPACE AREAS; AIR description of the airspace. The in the Federal Register a notice of TRAFFIC SERVICE ROUTES; AND geographic coordinates of the airport proposed rulemaking (NPRM) to modify REPORTING POINTS also are adjusted. The FAA is taking this Class E airspace extending upward from action to enhance the safety and 700 feet above the surface at Converse ■ 1. The authority citation for 14 CFR management of Instrument Flight Rules County Airport, Douglas, WY (80 FR part 71 continues to read as follows: (IFR) operations at the airport. 35889) and amend the geographic
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coordinates of the airport and the legal necessary to keep them operationally That airspace extending upward from 700 description for that airspace extending current, is non-controversial and feet above the surface within a 4-mile radius of Converse County Airport beginning at lat. from 1,200 feet above the surface, unlikely to result in adverse or negative ° ′ ″ ° ′ ″ utilizing latitudinal and longitudinal comments. It, therefore, (1) is not a 42 50 30 N., long. 105 27 11 W., clockwise along the 4-mile radius of the airport to the reference points. Interested parties were ‘‘significant regulatory action’’ under 065° bearing from the airport, and that invited to participate in this rulemaking Executive Order 12866; (2) is not a airspace within a 7-mile radius of the airport effort by submitting written comments ‘‘significant rule’’ under DOT from the 065° bearing from the airport on the proposal to the FAA. No Regulatory Policies and Procedures (44 clockwise to the 226° bearing, thence comments were received. FR 11034; February 26, 1979); and (3) northeast to lat. 42°48′41″ N., long. Class E airspace designations are does not warrant preparation of a 105°28′28″ W., and that airspace 1 mile either ° published in paragraph 6005 of FAA Regulatory Evaluation as the anticipated side of the 297 bearing from airport Order 7400.9Z, dated August 6, 2015, impact is so minimal. Since this is a extending from the 4-mile radius to 7 miles northwest of the airport, thence to the point and effective September 15, 2015, which routine matter that only affects air traffic is incorporated by reference in 14 CFR of beginning That airspace extending upward procedures and air navigation, it is from 1,200 feet above the surface bounded by 71.1. The Class E airspace designations certified that this rule, when a line beginning at lat. 43°05′27″ N., long. listed in this document will be promulgated, does not have a significant 106°16′37″ W.; to lat. 43°35′23″ N., long. published subsequently in the Order. economic impact on a substantial 104°30′02″ W.; to lat. 43°00′00″ N., long. number of small entities under the 104°30′02″ W.; to lat. 43°00′00″ N., long. Availability and Summary of ° ′ ″ ° ′ ″ criteria of the Regulatory Flexibility Act. 104 03 16 W.; to lat. 41 53 15 N., long. Documents for Incorporation by 104°03′15″ W.; to lat. 41°51′54″ N., long. Reference Environmental Review 105°17′18″ W.; thence to the point of beginning. This document amends FAA Order The FAA has determined that this 7400.9Z, airspace Designations and action qualifies for categorical exclusion * * * * * Reporting Points, dated August 6, 2015, under the National Environmental Issued in Seattle, Washington, on and effective September 15, 2015. FAA Policy Act in accordance with FAA September 9, 2015. Order 7400.9Z is publicly available as Order 1050.1E, ‘‘Environmental Christopher Ramirez, listed in the ADDRESSES section of this Impacts: Policies and Procedures,’’ Manager, Operations Support Group, Western final rule. FAA Order 7400.9Z lists paragraph 311a. This airspace action is Service Center. Class A, B, C, D, and E airspace areas, not expected to cause any potentially [FR Doc. 2015–23993 Filed 9–23–15; 8:45 am] air traffic service routes, and reporting significant environmental impacts, and BILLING CODE 4910–13–P points. no extraordinary circumstances exist The Rule that warrant preparation of an environmental assessment. DEPARTMENT OF TRANSPORTATION This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 Lists of Subjects in 14 CFR Part 71 Federal Aviation Administration modifies Class E airspace extending Airspace, Incorporation by reference, upward from 700 feet above the surface Navigation (air). 14 CFR Part 71 at Converse County Airport, Douglas, WY. New Standard Instrument Adoption of the Amendment [Docket No. FAA–2015–1871; Airspace Docket No. 15–AGL–10] Approach Procedures are necessary for In consideration of the foregoing, the the safety and management of IFR Federal Aviation Administration Establishment of Class E Airspace; operations at the airport. Class E amends 14 CFR part 71 as follows: Iron Mountain, MI airspace extending upward from 700 feet above the surface is modified to PART 71—DESIGNATION OF CLASS A, AGENCY: Federal Aviation within a 4-mile radius of Converse B, C, D, AND E AIRSPACE AREAS; AIR Administration (FAA), DOT. County Airport, with a segment TRAFFIC SERVICE ROUTES; AND ACTION: Final rule. extending from the 4-mile radius to the REPORTING POINTS 7-mile radius east to southwest of the SUMMARY: This action establishes Class airport, and a segment extending from ■ 1. The authority citation for Part 71 E airspace at the Iron Mountain VHF the 4-mile radius to 7 miles northwest continues to read as follows: Omni-Directional Radio Range/Distance Measuring Equipment (VOR/DME), Iron of the airport. The geographic Authority: 49 U.S.C. 106(f), 106(g); 40103, coordinates of the airport are updated to 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Mountain, MI, to facilitate vectoring of coincide with the FAA’s aeronautical 1959–1963 Comp., p. 389. Instrument Flight Rules (IFR) aircraft database. The lateral boundary for that under control of Minneapolis Air Route § 71.1 [Amended] airspace extending from 1,200 feet Traffic Control Center (ARTCC). This above the surface is defined utilizing ■ 2. The incorporation by reference in action enhances the safety and latitudinal and longitudinal reference 14 CFR 71.1 of FAA Order 7400.9Z, efficiency of aircraft operations within points instead of Federal airway V–19, Airspace Designations and Reporting the National Airspace System (NAS). A and does not change the lateral Points, dated August 6, 2015, and minor change in the regulatory text is boundaries or operating requirements of effective September 15, 2015, is made to align the new Class E airspace the 1,200 foot airspace. This action amended as follows: with Minneapolis ARTCC’s airspace. DATES: Effective date: 0901 UTC, enhances the safety and management of Paragraph 6005 Class E Airspace Areas controlled airspace within the NAS. Extending Upward From 700 Feet or More December 10, 2015. The Director of the Above the Surface of the Earth Federal Register approves this Regulatory Notices and Analyses incorporation by reference action under * * * * * The FAA has determined that this 1 Code of Federal Regulations, Part 51, regulation only involves an established ANM WY E5 Douglas, WY [Modified] subject to the annual revision of FAA body of technical regulations for which Converse County Airport, WY Order 7400.9 and publication of frequent and routine amendments are (Lat. 42°47′50″ N., long. 105°23′09″ W.) conforming amendments.
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ADDRESSES: FAA Order 7400.9Z, airspace coordinates in the legal Policy Act in accordance with FAA Airspace Designations and Reporting description will change slightly to allow Order 1050.1E, ‘‘Environmental Points, and subsequent amendments can alignment of the new Class E airspace Impacts: Policies and Procedures,’’ be viewed on line at http:// with the boundaries of Minneapolis paragraph 311a. This airspace action is www.faa.gov/airtraffic/publications/. ARTCC. not expected to cause any potentially For further information, you can contact Class E airspace designations are significant environmental impacts, and the Airspace Policy and ATC published in paragraph 6005 of FAA no extraordinary circumstances exist Regulations Group, Federal Aviation Order 7400.9Z dated August 6, 2015, that warrant preparation of an Administration, 800 Independence and effective September 15, 2015, which environmental assessment. Avenue SW., Washington, DC 29591; is incorporated by reference in 14 CFR telephone: 202–267–8783. The Order is part 71.1. The Class E airspace List of Subjects in 14 CFR Part 71 also available for inspection at the designation listed in this document will Airspace, Incorporation by reference, National Archives and Records be published subsequently in the Order. Navigation (air). Administration (NARA). For Availability and Summary of Adoption of the Amendment information on the availability of this Documents for Incorporation by material at NARA, call 202–741–6030, Reference or go to http://www.archives.gov/ In consideration of the foregoing, the federal_register/code_of_federal- This document amends FAA Order Federal Aviation Administration regulations/ibr_locations.html. 7400.9Z, airspace Designations and amends 14 CFR part 71 as follows: Reporting Points, dated August 6, 2015, FAA Order 7400.9, Airspace PART 71—DESIGNATION OF CLASS A, Designations and Reporting Points, is and effective September 15, 2015. FAA Order 7400.9Z is publicly available as B, C, D, AND E AIRSPACE AREAS; AIR published yearly and effective on TRAFFIC SERVICE ROUTES; AND September 15. listed in the ADDRESSES section of this final rule. FAA Order 7400.9Z lists REPORTING POINTS FOR FURTHER INFORMATION CONTACT: Raul Garza, Jr., Central Service Center, Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting ■ 1. The authority citation for 14 CFR Operations Support Group, Federal part 71 continues to read as follows: Aviation Administration, Southwest points. Region, 2601 Meacham Blvd., Fort The Rule Authority: 49 U.S.C. 106(f), 106(g), 40103, Worth, TX 76137; telephone 817–868– 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, This action amends Title 14 Code of 1959–1963 Comp., p. 389. 2927. Federal Regulations (14 CFR) Part 71 by SUPPLEMENTARY INFORMATION: establishing Class E airspace extending § 71.1 [Amended] upward from 1,200 feet above the Authority for This Rulemaking ■ surface at the Iron Mountain VOR/DME 2. The incorporation by reference in The FAA’s authority to issue rules navigation aid, Iron Mountain, MI, to 14 CFR part 71.1 of FAA Order 7400.9Z, regarding aviation safety is found in contain aircraft while in IFR conditions Airspace Designations and Reporting Title 49 of the U.S. Code. Subtitle 1, under control of Minneapolis ARTCC by Points, dated August 6, 2015, and Section 106 (f), describes the authority safely vectoring aircraft from en route effective September 15, 2015, is of the FAA Administrator. Subtitle VII, airspace to terminal areas. Controlled amended as follows: Aviation Programs, describes in more airspace is needed for the safety and detail the scope of the agency’s management of IFR operations within Paragraph 6006 Enroute Domestic Airspace Areas authority. This rulemaking is the confines of Minneapolis ARTCC promulgated under the authority airspace. * * * * * described in Subtitle VII, Part A, The FAA has determined that this AGL MI E6 Iron Mountain, MI [New] Subpart I, Section 40103. Under that regulation only involves an established section, the FAA is charged with body of technical regulations for which Iron Mountain VOR/DME, MI Lat. 45°48′58″ N., long. 088°06′44″ W. prescribing regulations to assign the use frequent and routine amendments are of airspace necessary to ensure the necessary to keep them operationally That airspace extending upward from safety of aircraft and the efficient use of current. Therefore, this regulation: (1) Is 1,200 feet above the surface within an area bounded by lat. 47°50′36″ N., long. airspace. This regulation is within the not a ‘‘significant regulatory action’’ ° ′ ″ ° ′ ″ scope of that authority as it establishes under Executive Order 12866; (2) is not 089 41 25 W.; to lat. 47 54 30 N., long. 088°46′30″ W.; thence clockwise via the arc controlled airspace at the Iron Mountain a ‘‘significant rule’’ under DOT of a 35-mile radius centered on the McKay VOR/DME, Iron Mountain, MI. Regulatory Policies and Procedures (44 TACAN to lat. 47°50′36″ N., long. 089°41′25″ History FR 11034; February 26, 1979); and (3) W.; to lat. 47°05′00″ N., long. 087°00′00″ W.; does not warrant preparation of a ° ′ ″ ° ′ ″ On June 24, 2015, the FAA published to lat. 47 01 28 N., long. 086 59 15 W.; to regulatory evaluation as the anticipated lat. 46°53′22″ N., long. 088°21′39″ W.; to Iron in the Federal Register a notice of impact is so minimal. Since this is a Mountain VOR/DME; to Ironwood VORTAC; proposed rulemaking (NPRM) to routine matter that only affects air traffic to lat. 46°51′42″ N., long. 090°20′18″ W.; establish Class E airspace for the Iron procedures and air navigation, it is thence to the point of beginning, excluding Mountain, MI area, creating controlled certified that this rule, when that airspace within Federal airways and airspace at the Iron Mountain VOR/DME promulgated, does not have a significant within Canadian airspace. within Minneapolis ARTCC boundaries economic impact on a substantial (80 FR 36262) Docket No. FAA–2015– Issued in Fort Worth, TX, on August 26, number of small entities under the 2015. 1871. Interested parties were invited to criteria of the Regulatory Flexibility Act. participate in this rulemaking effort by Walter Tweedy, submitting written comments on the Environmental Review Manager, Operations Support Group, ATO proposal to the FAA. No comments The FAA has determined that this Central Service Center. were received. Subsequent to action qualifies for categorical exclusion [FR Doc. 2015–23991 Filed 9–23–15; 8:45 am] publication, the FAA found that the under the National Environmental BILLING CODE 4910–13–P
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DEPARTMENT OF ENERGY Electric Reliability Corporation (NERC), order, the Commission accepted NERC’s the Commission-certified Electric proposed interpretation of Requirement Federal Energy Regulatory Reliability Organization (ERO). In R1, which provided guidance on the Commission addition, the Commission approves one types of protection system equipment to new definition and four revised which the Reliability Standard did or 18 CFR Part 40 definitions referenced in the Reliability did not apply. In reviewing NERC’s Standard, as well as the assigned [Docket No. RM15–9–000, Order No. 813] interpretation, however, the violation risk factors and violation Commission raised several concerns Protection System, Automatic severity levels, and the proposed about potential gaps in the coverage of Reclosing, and Sudden Pressure implementation plan. Consistent with PRC–005–1, including a concern that Relaying Maintenance Reliability Order No. 758,2 Reliability Standard the standard as written may not include Standard PRC–005–4 requires applicable entities all components that serve in some to test and maintain certain sudden protective capacity.7 AGENCY: Federal Energy Regulatory pressure relays as part of a protection Commission, DOE. system maintenance program. B. NERC Petition and Proposed Standard PRC–005–4 ACTION: Final rule. I. Background 5. On December 18, 2014, NERC SUMMARY: Pursuant to the Federal Power A. Regulatory Background submitted a petition seeking approval of Act, the Commission approves a revised 2. Section 215 of the FPA requires a proposed Reliability Standard PRC– Reliability Standard, PRC–005–4 Commission-certified ERO to develop 005–4, which would add to the (Protection System, Automatic mandatory and enforceable Reliability applicability of Reliability Standard Reclosing and Sudden Pressure Standards, subject to Commission PRC–005–3 those sudden pressure Relaying Maintenance), developed and review and approval.3 Once approved, relays that NERC has identified as submitted by the North American the Reliability Standards may be having a potential effect on the reliable Electric Reliability Corporation (NERC). enforced by the ERO subject to operation of the Bulk-Power System.8 In addition, the Commission approves Commission oversight, or by the NERC stated that these revisions were one new definition and four revised Commission independently.4 In 2006, developed to satisfy NERC’s definitions referenced in the proposed the Commission certified NERC as the commitment to develop modifications Reliability Standard, as well as the ERO pursuant to FPA section 215.5 to PRC–005 that would address the assigned violation risk factors and 3. In 2007, the Commission approved Commission’s concerns, as set out in violation severity levels, and the an initial set of Reliability Standards Order No. 758, regarding the lack of associated implementation plan. submitted by NERC, including initial maintenance requirements for non- Consistent with Order No. 758, the versions of four protection system and electrical sensing relays (such as sudden proposed Reliability Standard requires load-shedding-related maintenance pressure relays) that could affect the applicable entities to test and maintain standards: PRC–005–1, PRC–008–0, reliable operation of the Bulk-Power certain sudden pressure relays as part of PRC–011–0, and PRC–017–0.6 In System.9 a protection system maintenance addition, the Commission directed 6. NERC stated that sudden pressure program. NERC to develop a revision to PRC– relays are ‘‘designed to quickly detect DATES: This rule will become effective 005–1 incorporating a maximum time faults on the Bulk-Power System November 23, 2015. interval during which to conduct transformer equipment that may remain maintenance and testing of protection undetected by other Protection Systems, FOR FURTHER INFORMATION CONTACT: systems, and to consider combining into and can operate to limit any potential Tom Bradish (Technical Information), one standard the various maintenance damage on the equipment.’’ 10 NERC Office of Electric Reliability, Federal and testing requirements for all of the Energy Regulatory Commission, 888 maintenance and testing-related 7 See Order No. 758, 138 FERC ¶ 61,094 at P 12. First Street NE., Washington, DC standards for protection systems, NERC has been addressing the concerns stated in 20426, (301) 665–1391, Tom.Bradish@ Order No. 758 through a series of projects underfrequency load shedding (UFLS) modifying the PRC–005 standard. See Protection ferc.gov. equipment and undervoltage load System Maintenance Reliability Standard, Order Julie Greenisen (Legal Information), shedding (UVLS) equipment. No. 793, 145 FERC ¶ 61,253 (2013) (approving Office of the General Counsel, Federal 4. In February 2012, the Commission Reliability Standard PRC–005–2, which Energy Regulatory Commission, 888 issued Order No. 758 in response to incorporated specific minimum maintenance activities and maximum time intervals for First Street NE., Washington, DC NERC’s request for approval of its maintenance of individual components of the 20426, (202) 502–6362, interpretation of Requirement R1 of the protection systems and load shedding equipment [email protected]. then-current version of the protection affecting the bulk electric system); Protection system maintenance standard, System Maintenance Reliability Standard, Order SUPPLEMENTARY INFORMATION: No. 803,150 FERC ¶ 61,039 (2015) (approving PRC– Reliability Standard PRC–005–1. In that 005–3 and directing NERC to develop a Order No. 813 modification to include maintenance and testing of Final Rule (Issued September 17, 2015) 2 Interpretation of Protection System Reliability supervisory relays associated with relevant Standard, Order No. 758, 138 FERC ¶ 61,094, autoreclosing relay schemes). 1. Pursuant to section 215 of the clarification denied, 139 FERC ¶ 61,227 (2012). 8 Reliability Standard PRC–005–4 is not attached Federal Power Act (FPA),1 the 3 16 U.S.C. at 824o(c) and (d). to the Final Rule; however, the complete text of the Commission approves a revised 4 See id. at 824o(e). Reliability Standard is available on the 5 North American Electric Reliability Corp., 116 Commission’s eLibrary document retrieval system Reliability Standard, PRC–005–4 FERC ¶ 61,062, order on reh’g & compliance, 117 in Docket No. RM15–9–000 and is posted on (Protection System, Automatic FERC ¶ 61,126 (2006), aff’d sub nom. Alcoa, Inc. v. NERC’s Web site, available at: http:// Reclosing and Sudden Pressure FERC, 564 F.3d 1342 (D.C. Cir. 2009). www.nerc.com. Relaying Maintenance), developed and 6 Mandatory Reliability Standards for the Bulk 9 See NERC Petition at 3, 9. Power System, Order No. 693, FERC Stats. & Regs. 10 Id. at 3. NERC described sudden pressure relays submitted by the North American ¶ 31,242 at PP 1474, 1492, 1497, and 1514, order as relays which ‘‘respond to changes in pressure on reh’g, Order No. 693–A, 120 FERC ¶ 61,053 and are utilized as protective devices for power 1 16 U.S.C. 824o (2012). (2007). transformers,’’ and which may ‘‘detect rapid
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stated that the ‘‘misoperation of sudden examined these two kinds of devices approved for PRC–005–2, which has a pressure relays that initiate tripping in and provided information on events twelve-year phase-in period, and adds response to fault conditions can impact during which these devices operated or compliance dates for the new the reliability of the Bulk-Power failed to operate. The Supplemental requirements for applicable sudden System,’’ and accordingly proposed Report concluded that neither device pressure relays. NERC asked that PRC– revisions to PRC–005–3 that will require affected the reliable operation of the 005–4 become effective the first day of entities to document and implement Bulk-Power System. the first calendar quarter following programs for maintenance of applicable 9. NERC stated that the standard Commission approval. Reliability sudden pressure relays.11 drafting team that was tasked with Standard PRC–005–3 would be retired 7. NERC explained that, consistent developing the modifications to PRC– immediately prior to PRC–005–4 with Order No. 758, NERC’s System 005 in response to Order No. 758 becoming effective. Protection and Control Subcommittee adopted the SPCS Report’s 13. NERC explained that the evidence (SPCS) performed a technical study ‘‘to recommendations, both as to the scope retention period for PRC–005–4 is determine which devices that respond of additional relays included and as to shorter than that required in the to non-electrical quantities should be the required minimum maintenance preceding versions of the standard, as it addressed within PRC–005 identified activities and maximum maintenance requires entities to maintain records for devices.’’ 12 NERC stated that the SPCS intervals for these relays. one maintenance cycle, rather than two considered a broad range of devices that 10. NERC maintained in its petition cycles, if the interval of the maintenance respond to non-electrical quantities, that Reliability Standard PRC–005–4 activity is longer than the audit cycle. starting with the list of ninety-four will enhance reliability by extending the For maintenance activities where the devices included in the IEEE Standard coverage of an applicable entity’s interval is shorter than the audit cycle, Electrical Power System Device protection system maintenance program documentation is to be retained for all Function Numbers, then applying to include sudden pressure relaying maintenance activities since the ‘‘multiple layers of analysis to each components. NERC further maintained previous audit. that the proposed standard satisfies the device to select the ones that can affect 14. Finally, NERC stated that the Commission’s concerns as raised in the reliability of the Bulk-Power violation risk factors proposed in PRC– 13 Order No. 758 ‘‘by including . . . System.’’ The SPCS first determined 005–4 track those in previous versions sudden pressure relays that detect [a] that only those devices that initiate of the standard, and that the violation fault on Bulk-Power System transformer action to clear faults or mitigate severity levels have been revised to equipment and trip in response to fault abnormal system conditions present a include the additional component conditions, as recommended by the risk to the Bulk-Power System. Next, the (sudden pressure relays) in a manner SPCS eliminated those devices that SPCS Report.’’ 16 11. NERC explained that Reliability consistent with the approach taken for were ‘‘previously considered as a result PRC–005–3. of the revised definition of Protection Standard PRC–005–4 has been modified System or those that are clearly not to include ‘‘Sudden Pressure Relaying’’ C. Notice of Proposed Rulemaking devices (newly-defined) as part of an protective devices, such as primary 15. On April 22, 2015, the equipment and control devices.’’ 14 applicable entity’s protection system maintenance program.17 NERC further Commission issued a Notice of Finally, the SPCS conducted an in- Proposed Rulemaking (NOPR) depth analysis of the remaining devices, explained that Reliability Standard PRC–005–4’s maintenance requirements proposing to approve Reliability and concluded that only one category— Standard PRC–005–4, along with the sudden pressure relays that are utilized would apply to a sudden pressure relay that trips an interrupting device to new definition of Sudden Pressure in a trip application—should be Relaying, the four revised definitions included in the revised PRC–005–4. isolate the equipment it is monitoring, but that it ‘‘does not include other non- referenced in the standard, and the 8. NERC also explained that the SPCS assigned violation risk factors and developed a Supplemental Report in electric sensing devices, pressure relays 19 that only initiate an alarm, or pressure violation severity levels. The response to comments and questions Commission agreed with NERC that the from the Commission staff about its relief devices.’’ 18 In addition, NERC explained that the revised standard identified sudden pressure relays initial recommendations. These should be included in an adequate comments and questions focused on replaces the term ‘‘Special Protection System’’ with the term ‘‘Remedial protection system maintenance whether PRC–005 should include program, and stated its belief that turbine generator vibration monitors Action Scheme,’’ to align the standard with NERC’s employment of the latter inclusion of these devices in such a and circuit breaker arc extinguishing maintenance program would enhance 15 term moving forward, and revises systems. The SPCS Supplemental reliability.20 However, the Commission Report, issued on October 31, 2014, Applicability section 4.2.6.1 to address how the largest bulk electric system also noted its continuing concern that generating unit would be determined in ‘‘misoperation of other types of non- changes in gas pressure, oil pressure, or oil flow electrical sensing relays or devices, such that are indicative of faults within the transformer circumstances involving a Reserve equipment.’’ Id. at 13. NERC noted that in addition Sharing Group. as pressure sensing devices associated to detecting faults, certain sudden pressure relays 12. NERC’s proposed implementation with air blast or SF6 circuit breaker arc can trip the associated transformer circuitry in plan for PRC–005–4 incorporates the extinguishing systems, could affect the response to the fault conditions. reliable operation of the Bulk-Power 11 phased-in implementation period Id. at 3–4. 21 12 Id. at 4. System.’’ While the Commission did 13 Id. at 10. 16 NERC Petition at 12. 14 Id. 17 NERC also proposed to modify the definitions 19 Protection System, Automatic Reclosing, and 15 NERC Petition at 11, Ex. E (NERC SPCS, of Protection System Maintenance Program, Sudden Pressure Relaying Maintenance Reliability Sudden Pressure Relays and Other Devices that Component Type, Component, and Countable Event Standard, Notice of Proposed Rulemaking, 80 FR Respond to Non-Electrical Quantities: to reflect the addition of sudden pressure relays to 22444 (Apr. 22, 2015), 151 FERC ¶ 61,026, (2015) Supplemental Information to Support Project 2007– the scope of a required maintenance program. NERC (NOPR). 17.3: Protection System Maintenance and Testing Petition at 15–16. 20 Id. PP 15–16. (Oct. 31, 2014) (SPCS Supplemental Report)). 18 Id. at 18. 21 Id. P 17.
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not propose any revisions to the A. Continued Assessment of Non- states that NERC’s 2014 AC Substation standard based on these concerns, it Electrical Sensing Devices NOPR Equipment Failure Report supports noted its expectation that Commission 19. The Commission indicated in the EEI’s position that no maintenance gap staff would continue to explore the NOPR that it continued to have some exists with respect to density switches, issue with NERC.22 concern ‘‘that the misoperation of other as the report found that although ‘‘failures of some of these devices may 16. Comments on the NOPR were types of non-electrical sensing relays or result in a breaker tripping, they are devices, such as pressure sensing filed by NERC, the Edison Electric more properly considered as control devices associated with air blast or SF6 Institute (EEI), the National Rural failures, and typically are not associated circuit breaker arc extinguishing Electric Cooperative Association with increased transmission outage systems, could affect the reliable (NRECA), Tennessee Valley Authority severity.’’ 29 Finally, EEI states that operation of the Bulk-Power System.’’ 24 (TVA), Southern Company Services, Inc. NERC’s 2015 State of Reliability Report While the Commission recognized that (Southern Companies), and Eric S. provides ‘‘no indication that these the SPCS Report found no situations ‘‘in Morris. Dominion Resources Services, devices have been implicated or which misoperation of a density switch Inc. filed a motion to intervene in this otherwise identified as having any or sensor [i.e., pressure sensing device] rulemaking, but did not file substantive contributing factor in affecting reliable in response to a system disturbance had comments. Ameren submitted late-filed of operation of the Bulk-Power contributed to a cascading event,’’ the comments on August 31, 2015. System.’’ 30 Commission nevertheless noted its II. Discussion expectation that Commission staff Commission Determination would continue to explore the issue 22. As proposed in the NOPR, we 17. Pursuant to section 215(d)(2) of with NERC. The Commission pointed approve Reliability Standard PRC–005– the FPA, the Commission approves out that NERC’s 2013 and 2014 State of 4 without any directives or Reliability Standard PRC–005–4, as well Reliability reports indicated ‘‘that AC modifications. As we stated in the as the new definition of Sudden substation equipment failures remain NOPR, we find the proposed addition to Pressure Relaying, the four revised among the leading causes of Bulk Power the standard of those sudden pressure definitions referenced in the proposed System problems.’’ 25 relays identified by the SPCS Report as standard, the assigned violation risk Comments potentially having an impact on the factors and violation severity levels, and reliability of the Bulk-Power System the proposed implementation plan (as 20. NERC agrees with the sufficient to address the concerns we discussed further below). We find that Commission’s proposal to continue to raised in Order No. 758 at this time. Reliability Standard PRC–005–4 will work with Commission staff ‘‘to explore 23. We decline to make any further enhance reliability by requiring the misoperations of particular types of findings, as EEI suggests, as to the inclusion of certain sudden pressure non-electrical sensing relays or devices comprehensiveness of the SPCS Report . . . to assess the impact of this relays utilized in a trip application as or otherwise take a position on whether equipment on the reliable operation of part of the protection system a maintenance reliability gap currently the Bulk-Power System.’’ 26 While EEI maintenance program, and by requiring exists with respect to non-electrical supports NERC’s commitment to entities to undertake minimum required sensing devices. Instead, we continue to examine the misoperations acknowledge NERC’s agreement to maintenance activities at maximum issue, EEI maintains that the SPCS continue to work with Commission staff defined maintenance intervals. Report provided a ‘‘comprehensive and to explore and assess the misoperations Moreover, we note that all of the thorough response to the Commission’s of particular types of non-electrical commenters that addressed the issue concerns’’ as set out in Order No. 758, sensing relays or devices in relation to support approval of PRC–005–4, as well and asks that the Commission not issue the reliable operation of the Bulk-Power as the associated definitions and any further directives or modifications System. As with any aspect of NERC’s violation risk factors and violation related to PRC–005 at this time.27 and the Commission’s reliability severity levels.23 21. With respect to the Commission’s oversight obligations, we expect that 18. Below we discuss the following expressed concern regarding density when reliability gaps are identified, matters: (1) continued assessment of switches or sensors, EEI notes that the NERC would seek to address each gap reliability gaps associated with non- SPCS report found no operating through modification of a Reliability electrical sensing devices; and (2) experience in which misoperation of Standard or other appropriate means. such a device contributed to a cascading alignment of implementation plans with B. Aligning PRC–005 Implementation other versions of PRC–005. event, and further found that ‘‘density switches typically respond to an Plans NOPR abnormal equipment condition and 24. In the NOPR, the Commission 22 Id. take[] action to protect the equipment proposed to approve NERC’s 23 One commenter, Eric S. Morris, does not directly address the Commission’s proposed from excessive loss of life rather than for implementation plan for PRC–005–4, approval of PRC–005–4, but instead raises generic the purpose of initiating fault clearing or which incorporates the phased-in questions concerning the severity of fines imposed mitigating an abnormal system implementation period approved for by NERC, and the lack of a cost-benefit analysis to condition to support reliable operation PRC–005–2, with additional compliance determine whether reliability or security have of the Bulk-Power System.’’ 28 EEI also dates for applicable sudden pressure improved following NERC’s certification as the ERO. Because Mr. Morris has not raised any issues relays. The Commission also proposed relevant to this rulemaking, we will not address his 24 NOPR, 151 FERC ¶ 61,026 at P 17. comments further here, but note that the 25 Id. Prjct200717_3PrtctnSstmMntnceANDTstnPhs3/ Commission recently addressed issues related to 26 NERC Comments at 2. Project_2007-17.3_PRC-005-4_Summary- NERC’s overall performance and continued 27 EEI Comments at 4–5. of_Comments_20140930.pdf). certification as the ERO in its Order on the Electric 28 Id. at 3 (quoting Consideration of Comments: 29 Id. at 4 (citing AC Substation Equipment Reliability Organization’s Five-Year Performance Project 2007–17.3 Protection System Maintenance Failure Report, NERC ACSEFT, December 2014, Assessment. See North American Electric Reliability and Testing (PRC–005–X) (October 20, 2014) http:// Circuit Breaker, Relay/Trip Coil, p. 10). Corp., 149 FERC ¶ 61,141 (2014). www.nerc.com/pa/Stand/ 30 Id.
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to approve NERC’s proposed effective several versions of PRC–005 that have associated with PRC–005–4 as described date for PRC–005–4, which would go been or may be going into effect in a in the Notice of Proposed Rulemaking. into effect on the first day of the first relatively short period, we are reluctant 30. The Final Rule approves calendar quarter following Commission to consider postponing implementation Reliability Standard PRC–005–4, which approval. of an approved standard (PRC–005–3) or will replace PRC–005–3 (Protection System and Automatic Reclosing Comments deferring consideration of an otherwise beneficial standard (PRC–005–4) based Maintenance). The Reliability Standard 25. NRECA, Southern Companies, on prospective versions of the standard expands the existing standard to cover TVA, and Ameren, who otherwise that have yet to be filed. Thus, while we sudden pressure relays that meet certain support approval of PRC–005–4, ask the are aware that additional versions of the criteria, thereby imposing mandatory Commission to consider rejecting standard are being developed,33 we minimum maintenance activities and NERC’s proposed implementation plan cannot accurately predict when those maximum maintenance intervals for the for the revised standard, and to instead versions will come before us and cannot applicable relays. Because the specific consider postponing the start dates for properly evaluate the impact of requirements were designed to reflect this and earlier versions of the standard. postponing implementation of the two common industry practice, entities are These commenters explain that several most recent versions of the standard. not expected to experience a meaningful versions of PRC–005 have recently been Accordingly, we decline without change in actual maintenance and approved or are under development, prejudice the requests pertaining to the documentation practices. However, each and that, as a result, ‘‘implementation of implementation plans and start dates for applicable entity will have to perform a the various versions of PRC–005 will PRC–005. one-time review of sudden pressure burden the industry in the continued relays that detect rapid changes in gas need to modify associated maintenance III. Information Collection Statement pressure, oil pressure, or oil flow that 31 and testing programs.’’ Similarly, the 28. The following collection of are indicative of faults within Southern Companies ‘‘join in the information contained in this Final Rule transformer equipment, and, if it has concern that the implementation of is subject to review by the Office of applicable sudden pressure relay these various PRC–005 versions risk Management and Budget (OMB) under devices, review current maintenance burdening the industry with the need to Section 3507(d) of the Paperwork programs to ensure that they meet the continuously modify associated Reduction Act of 1995 (PRA).34 OMB’s requirements of proposed standard maintenance and testing programs to regulations require approval of certain PRC–005–4. Accordingly, all additional track the implementation of the information collection requirements information collection costs are associated various timelines, requiring imposed by agency rules.35 Upon expected to be limited to the first year additional costs and multiple revisions approval of a collection(s) of of implementation of the revised to their Protection System Maintenance information, OMB will assign an OMB standard. 31. Reliability Standard PRC–005–4 Programs within a very short period of control number and an expiration date. reduces the evidence retention time, likely resulting in unnecessary Respondents subject to the filing requirements approved in previously- expenditures for the sake of compliance requirements of a rule will not be 32 approved versions of the standard, and and not for reliability improvements.’’ penalized for failing to respond to these now requires entities to maintain 26. NRECA asks the Commission to collections of information unless the documentation of maintenance consider two proposed approaches to collections of information display a activities for only one maintenance allow for the alignment of valid OMB control number. implementation schedules for the cycle (a maximum of twelve years) if the revised version of PRC–005: 29. The Commission solicited maintenance interval is longer than the comments on the need for and purpose audit cycle. For maintenance activities 1. Postpone implementation of PRC–005–3, of the information contained in PRC–005–3(i), PRC–005–4 and PRC–005–5 to where the interval is shorter than the coincide with the beginning of Reliability Standard PRC–005–4, audit cycle, documentation is to be implementation of PRC–005–6. including whether the information will retained for all maintenance activities 2. Defer action on PRC–005–3(i), PRC–005– have practical utility, the accuracy of since the previous audit. While the 3(ii), PRC–005–4 and PRC–005–5 to be the burden estimates, ways to enhance potential data retention requirement considered concurrently with PRC–005–6. the quality, utility, and clarity of the exceeds the three-year period that is Both TVA and Southern Companies information to be collected or retained, routinely allowed for regulations support NRECA’s proposal to postpone and any suggested methods for requiring record retention under the implementation of all yet-to-be minimizing respondents’ burden, OMB regulations implementing the implemented versions of PRC–005 to including the use of automated PRA,36 the maximum evidence align with the beginning of information techniques. The retention period has been reduced from implementation of PRC–005–6 (i.e., the Commission received no comments 24 years to a maximum of 12 years as last PRC–005 revision under regarding the need for the information a result of the Commission’s prior development). collection or the burden estimates request for comment on the Commission Determination reasonableness of the evidence retention 33 We note that NERC recently posted a draft period in earlier versions of the 27. We decline, without prejudice, to version of PRC–005–6 for balloting, which includes standard, and appears to reflect the postpone the proposed start date for a proposed implementation plan that would make all versions of PRC–005, from version 3 onward, minimum time needed to ensure implementation of PRC–005–4, or to effective on the same day PRC–005–6 becomes compliance with maintenance alter the already-approved effective. See Implementation Plan: Project 2007– requirements.37 implementation plans and start dates for 17.4 PRC–005 FERC Order No. 803 Directive PRC– 32. Public Reporting Burden: Affected PRC–005–3. While we are sympathetic 005–6, available at http://www.nerc.com/pa/Stand/ Project%20201505%20PRC005%20Order entities must perform a one-time review to commenters’ concerns about the %20No%20803%20Directives%20DL/PRC-005-6_ Implementation_Plan_clean_2015Jul24.pdf. 36 See 5 CFR 1320.5(d)(2)(iv). 31 NRECA Comments at 3. 34 44 U.S.C. 3507(d) (2006). 37 See Order No. 803, 150 FERC ¶ 61,039 at PP 32 Southern Companies Comments at 6. 35 5 CFR 1320.11 (2012). 37–38.
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of their existing sudden pressure relay Reliability Standard PRC–005–4, the combination of those) in the United schemes and associated maintenance entity will have to make certain States is approximately 1,287 38 and the programs to ensure that the programs adjustments to the program. time required to do the one-time review contain at a minimum the activities 33. Our estimate below assumes that will be approximately eight hours. The required by Reliability Standard PRC– the number of unique applicable entities estimate further assumes that the one- 005–4. If the existing maintenance (distribution providers, generator time review would be performed by an program does not meet the criteria in owners and transmission owners, or a engineer at a rate of $65.34 per hour.39
RM15–9–000 (MANDATORY RELIABILITY STANDARDS: RELIABILITY STANDARD PRC–005–4)
Annual Average Total annual Number of number of Total number burden (hours) burden hours Cost per respondents responses per of responses & cost per & total annual respondent respondent response cost ($)
(1) (2) (1)*(2)=(3) (4) (3)*(4)=(5) (5)÷(1)
One-time review of sudden pressure relay maintenance program and ad- justment ...... 1,287 1 1,287 8 10,296 $523 $523 $673,101
Title: FERC–725P1,40 Mandatory Energy Regulatory Commission, Office combination thereof). Comparison of the Reliability Standards: Reliability of the Executive Director, 888 First applicable entities with FERC’s small Standard PRC–005–4. Street NE., Washington, DC 20426 business data indicates that Action: Proposed Collection of [Attention: Ellen Brown, email: approximately 789 of the 1,287 entities Information. [email protected], phone: (202) are small entities, or 61.31 percent of OMB Control No: To be determined. 502–8663, fax: (202) 273–0873]. the respondents affected by this Respondents: Business or other for- 42 36. Comments concerning the Reliability Standard. profit and not-for-profit institutions. Frequency of Responses: One time. information collections approved in this 38. On average, each small entity Necessity of the Information: Final Rule and the associated burden affected may have a one-time cost of Reliability Standard PRC–005–4 is part estimates should be sent to the $523, representing a one-time review of of the implementation of the Commission in this docket and may also the program for each entity, consisting Congressional mandate of the Energy be sent to the Office of Management and of 8 man-hours at $65.34/hour, as Policy Act of 2005 to develop Budget, Office of Information and explained above in the information mandatory and enforceable Reliability Regulatory Affairs [Attention: Desk collection statement. We do not Standards to better ensure the reliability Officer for the Federal Energy consider this cost to be a significant of the nation’s Bulk-Power System. Regulatory Commission]. For security economic impact for small entities. Specifically, Reliability Standard PRC– reasons, comments should be sent by Accordingly, the Commission certifies 005–4 helps to ensure that transmission email to OMB at the following email that Reliability Standard PRC–005–4 _ and generation protection systems address: oira [email protected]. will not have a significant economic affecting the reliability of the Bulk- Please reference the docket number of impact on a substantial number of small Power System are maintained and this Final Rule (Docket No. RM15–9– entities. Accordingly, no regulatory tested. 000) or the collection number (FERC– flexibility analysis is required. 725P1) in your submission. 34. Internal review: The Commission V. Environmental Analysis has reviewed Reliability Standard PRC– IV. Regulatory Flexibility Act Analysis 005–4 and made a determination that 39. The Commission is required to approval of this standard is necessary to 37. The Regulatory Flexibility Act of prepare an Environmental Assessment implement section 215 of the FPA. The 1980 (RFA) 41 generally requires a or an Environmental Impact Statement Commission has assured itself, by description and analysis of final rules for any action that may have a means of its internal review, that there that will have significant economic significant adverse effect on the human is specific, objective support for the impact on a substantial number of small environment.43 The Commission has burden estimates associated with the entities. Reliability Standard PRC–005– categorically excluded certain actions information requirements. 4 is expected to impose an additional, from this requirement as not having a 35. Interested persons may obtain one-time burden on 1,287 entities significant effect on the human information on the reporting (distribution providers, generator environment. Included in the exclusion requirements by contacting the Federal owners, and transmission owners, or a are rules that are clarifying, corrective,
38 This figure reflects the generator owners, 0252). Commission staff plans eventually to move Public utilities may fall under one of several transmission owners, and distribution providers this burden to FERC–725G. different categories, each with a size threshold identified in the NERC Compliance Registry as of 41 5 U.S.C. 601–12. The number of small based on the company’s number of employees, February 27, 2015. distribution providers required to comply with including affiliates, the parent company, and 39 The figure is taken from the Bureau of Labor PRC–005–4 may decrease significantly. In March subsidiaries. For the analysis in this Final Rule, we 2015, the Commission approved revisions to the Statistics at http://www.bls.gov/oes/current/naics2_ are using a 500 employee threshold for each NERC Rules of Procedure to implement NERC’s affected entity. Each entity is classified as Electric 22.htm; Occupation Code: 17–2071. ‘‘risk based registration’’ program, which raised the 40 The FERC–725P1 is a temporary collection registry threshold for distribution providers from a Bulk Power Transmission and Control (NAICS code established so the Commission can submit this 25 MW to 75 MW peak load. North American 221121). proposed rulemaking to OMB on time. However, Electric Reliability Corp., 150 FERC ¶ 61,213 (2015). 43 Regulations Implementing the National the burden contained in this rulemaking should be 42 The Small Business Administration sets the Environmental Policy Act of 1969, Order No. 486, contained in FERC–725G (OMB Control No. 1902– threshold for what constitutes a small business. FERC Stats. & Regs. ¶ 30,783 (1987).
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or procedural or that do not 1969 (NEPA) and the Council on actions including: (1) Issuance of an substantially change the effect of the Environmental Quality (CEQ) order finding a tobacco product regulations being amended.44 The Regulations Implementing NEPA (CEQ substantially equivalent under section actions taken herein fall within this regulations), the Food and Drug 910(a)(2)(B) of the Federal Food, Drug, categorical exclusion in the Administration (FDA or the Agency) is and Cosmetic Act (the FD&C Act) (21 Commission’s regulations. issuing a final rule to revise its NEPA U.S.C. 387j(a)(2)(B)); (2) issuance of an order finding a tobacco product not VI. Document Availability implementing regulations to provide categorical exclusions for certain actions substantially equivalent under section 40. In addition to publishing the full related to substantial equivalence (SE) 910(a) of the FD&C Act, denial of a text of this document in the Federal reports, SE exemption requests, and request for an exemption under 21 CFR Register, the Commission provides all tobacco product applications, and the part 1107 (part 1107) from the interested persons an opportunity to rescission (order withdrawing an order) requirement of demonstrating view and/or print the contents of this or suspension of orders regarding the substantial equivalence, issuance of an document via the Internet through the marketing of tobacco products under the order under section 910(c) of the FD&C Commission’s home page (http:// Family Smoking Prevention and Act that a new tobacco product may not www.ferc.gov) and in the Commission’s Tobacco Control Act (Tobacco Control be introduced or delivered for Public Reference Room during normal Act). FDA is also amending its NEPA introduction into interstate commerce, business hours (8:30 a.m. to 5:00 p.m. implementing regulations to include or issuance of an order under section Eastern time) at 888 First Street NE., tobacco products, where appropriate, in 911 of the FD&C Act (21 U.S.C. 387k) Room 2A, Washington, DC 20426. light of its new authority under the that a modified risk tobacco product 41. From the Commission’s home Tobacco Control Act. (MRTP) may not be introduced or page on the internet, this information is DATES: delivered for introduction into interstate available on eLibrary. The full text of This rule is effective October 26, 2015. commerce; (3) rescission (order this document is available on eLibrary withdrawing an order) or temporary FOR FURTHER INFORMATION CONTACT: in PDF and Microsoft Word format for suspension of an order authorizing the Gerie Voss or Katherine Collins, Center viewing, printing, and/or downloading. marketing of a new tobacco product for Tobacco Products, Food and Drug To access this document in eLibrary, under section 910 of the FD&C Act; (4) Administration, Document Control type the docket number of this rescission of an order authorizing the Center, Bldg. 71, Rm. G335, 10903 New document excluding the last three digits marketing of a MRTP under section 911 Hampshire Ave., Silver Spring, MD in the docket number field. of the FD&C Act; and (5) rescission of 20993–0002, 877–287–1373; gerie.voss@ 42. User assistance is available for an order granting an exemption request eLibrary and the Commission’s Web site fda.hhs.gov or katherine.collins@ under § 1107.1 (21 CFR 1107.1). during normal business hours from the fda.hhs.gov. This final rule provides that certain Commission’s online support at 202– Executive Summary classes of actions are categorically 502–6652 (toll free at 1–866–208–3676) excluded from the requirement to or email at [email protected], Purpose of the Final Rule prepare an EA or EIS unless or the public reference room at (202) This final rule will allow certain extraordinary circumstances are present 502–8371, TTY (202) 502–8659. Email classes of actions on tobacco product such that the specific proposed action the Commission’s public reference room marketing applications to be excluded may have the potential to significantly at [email protected]. from the requirements to prepare an affect the quality of the human By the Commission. environmental assessment (EA) or an environment. The rule also amends Issued: September 17, 2015. environmental impact statement (EIS). FDA’s NEPA implementing regulations Nathaniel J. Davis, Sr., FDA is also amending its NEPA to include tobacco products in sections Deputy Secretary. implementing regulations to include dealing with statements about disclosure regarding certain FDA [FR Doc. 2015–24280 Filed 9–23–15; 8:45 am] tobacco products, where appropriate, in light of its new authority under the actions and preparation of an EIS. BILLING CODE 6717–01–P Tobacco Control Act (Pub. L. 111–31). I. Background and Legal Authority Legal Authority NEPA and CEQ regulations require DEPARTMENT OF HEALTH AND FDA is issuing this final rule under each Federal Agency to assess, as an HUMAN SERVICES NEPA and CEQ regulations (42 U.S.C. integral part of its decisionmaking process, the environmental impacts of Food and Drug Administration 4332(2); 40 CFR parts 1500 to 1508) requiring FDA to assess, as an integral any proposed Federal action to ascertain the environmental consequences of that 21 CFR Part 25 part of its decisionmaking process, the environmental impacts of any proposed action on the quality of the human [Docket No. FDA–2013–N–1282] Federal action to ascertain the environment and to ensure that the environmental consequences of that interested and affected public is National Environmental Policy Act; action on the quality of the human appropriately informed (42 U.S.C. Environmental Assessments for environment and to ensure that the 4332(2); 40 CFR 1506.6). CEQ is Tobacco Products; Categorical interested and affected public is responsible for CEQ regulations and for Exclusions appropriately informed. FDA overseeing Federal efforts to comply AGENCY: Food and Drug Administration, regulations governing its responsibilities with NEPA. Both FDA and CEQ have HHS. under NEPA are codified at part 25 (21 issued regulations governing Agency ACTION: Final rule. CFR part 25), and CEQ regulations are obligations and responsibilities under codified at 40 CFR parts 1500 to 1508. NEPA. FDA regulations are codified at SUMMARY: In accordance with the part 25 and CEQ regulations are codified National Environmental Policy Act of Summary of the Major Provisions at 40 CFR parts 1500 to 1508. This final rule applies to certain CEQ regulations, which are binding 44 18 CFR 380.4(a)(2)(ii). classes of tobacco product-related on all Federal Agencies, establish
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procedures for implementing NEPA. exclusions. The guidance states that under part 1107 from the requirement of Agencies may adopt procedures to Agencies can establish new categorical demonstrating substantial equivalence supplement CEQ’s regulations. In exclusions to reduce paperwork and is categorically excluded and, therefore, adopting NEPA-implementing delay where the Agency has developed normally does not require the procedures, Federal Agencies are a record illustrating that the proposed preparation of an EA or an EIS. We have directed by CEQ to reduce paperwork categorical exclusion covers a category also made a technical change by (40 CFR 1500.4 and 1500.2(b)) and to of action that, on the basis of past replacing the term ‘‘ordinarily’’ with reduce delay (40 CFR 1500.5) by using experience, does not normally have the ‘‘normally’’ in §§ 25.20 and 25.35 to several means, including the use of potential to cause significant conform with 40 CFR 1508.4. The categorical exclusions. CEQ regulations environmental effects (Ref. 1 at pp. 2 Agency considers these terms, as used also state that Agencies shall continue and 16; 40 CFR 1508.4). In addition, in these regulations, to be synonymous. to review their policies and procedures when Agencies acquire new FDA will continue to evaluate the need and, in consultation with CEQ, revise responsibilities through legislation or for this conforming amendment to other them as necessary to ensure full administrative restructuring, they FDA regulations in part 25 as the FDA compliance with the purpose and should propose new categorical regulations are updated. provisions of NEPA (40 CFR 1507.3). exclusions after they, or other Agencies, In addition, § 25.20(o) in the final rule FDA regulations state that for major gain sufficient experience with the new replaces proposed § 25.20(p) (Issuance Federal actions that may ‘‘significantly activities to make a reasoned of an order finding a tobacco product affect the quality of the human determination that any resulting substantially equivalent under the FD&C environment,’’ FDA must prepare an EIS environmental impacts are not Act, unless categorically excluded (§ 25.22 (21 CFR 25.22); see also 40 CFR significant (Ref. 1 at p. 18). under § 25.35) and§ 25.20(p) replaces 1501.4). The term ‘‘significantly,’’ as FDA is issuing new categorical § 25.20(q) (Issuance of an order used in NEPA, requires considerations exclusions in accordance with NEPA, authorizing marketing of a new tobacco of both ‘‘context’’ (i.e., analyzed in FDA, and CEQ regulations, and the CEQ product under section 910 of the FD&C several contexts) and ‘‘intensity’’ (i.e., November 2010 categorical exclusion Act or an order authorizing marketing of severity of impact) (40 CFR 1508.27(a), guidance. In the Federal Register of a modified risk tobacco product under (b)). If the action may have a significant January 23, 2014 (79 FR 3742), FDA section 911 of the FD&C Act, unless environmental impact, FDA can either issued a notice of proposed rulemaking categorically excluded under § 25.35). prepare an EIS or prepare an EA. An EA (NPRM) to categorically exclude certain The Agency has prepared EAs for provides sufficient information and tobacco product application actions many Agency-initiated actions and has analysis for FDA to determine whether from the requirement to conduct an EA reviewed hundreds of EAs for a variety to prepare an EIS or issue a finding of or EIS unless extraordinary of industry requests for Agency action no significant impact (§ 25.20; 40 CFR circumstances are present such that the on foods, drugs, and medical devices for 1501.4). FDA is responsible for the specific proposed action may have the human consumption and use, and foods scope and content of an EA and potential to significantly affect the and drugs given to animals. In generally requires an applicant to quality of the human environment. The accordance with § 25.40(a), these EAs prepare an EA and make necessary NPRM also sought to amend FDA’s have focused on the potential corrections to it (§ 25.40(b)). NEPA implementing regulations to environmental effects related to the use Categorically excluded actions refer to include tobacco products. This final and disposal from use of FDA-regulated a category of actions that have been rule includes these categorical articles. Based on FDA’s experience found not to individually or exclusions and amends FDA’s NEPA reviewing EAs for actions involving cumulatively have a significant effect on implementing regulations. foods, drugs, and medical devices for the quality of the human environment The final rule is issued under 42 human consumption and use, and food and which do not normally require the U.S.C. 4332(2) and 40 CFR 1507.3, and drugs given to animals, and its preparation of an EA or EIS (40 CFR which requires FDA to assess, as an evaluation and knowledge of other 1508.4). However, as required under integral part of its decisionmaking relevant environmental science, FDA § 25.21 and 40 CFR 1508.4, FDA will process, the environmental impacts of has determined that certain classes of require preparation of at least an EA for any proposed Federal action to ascertain actions related to tobacco products any specific action that normally would the environmental consequences of that normally do not cause significant be excluded if extraordinary action on the quality of the human environmental effects and, therefore, circumstances are present such that the environment and to ensure that the should be added to the list of actions specific proposed action may have the interested and affected public is that are excluded from the requirement potential to significantly affect the appropriately informed (42 U.S.C. to prepare an EA or an EIS. In addition, quality of the human environment. 4332(2); 40 CFR 1506.6). FDA has gained sufficient experience If a submitter elects to request a from its responsibilities under the categorical exclusion for a proposed II. Overview of the Final Rule Tobacco Control Act to determine that action, a claim of categorical exclusion FDA considered all of the comments certain actions on tobacco-related must be submitted in accordance with it received regarding the proposed rule applications do not result in significant § 25.15. Section 25.15 requires that the and is finalizing it with three changes. environmental impacts to the quality of claim of categorical exclusion include: We have changed the text of § 25.20(o) the human environment. Accordingly, (1) A statement of compliance with the in the final rule to clarify that granting FDA is adding several new categorical categorical exclusion criteria and (2) a a request for an exemption under part exclusions for tobacco product-related statement that, to the submitter’s 1107 from the requirement of actions. knowledge, no extraordinary demonstrating substantial equivalence With this final rule, FDA is adding the circumstances exist. normally requires the preparation of an following classes of tobacco product- In November 2010, CEQ issued a final EA, unless it is subject to a categorical related actions that qualify for guidance on categorical exclusions exclusion. Similarly, we have changed categorical exclusions: (1) Issuance of an including the process Federal Agencies the text of § 25.35(b) to clarify that order finding a tobacco product should use to establish new categorical denial of a request for an exemption substantially equivalent to a tobacco
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product commercially marketed in the comments fall outside the scope of the reports, by contrast, will relate only to United States as of February 15, 2007, proposed rule, we do not address them products already on the market. under section 910(a)(2)(B) of the FD&C here. The remaining comments and Therefore, FDA is not proposing to add Act; (2) issuance of an order finding a FDA’s responses follow. such categorical exclusions at this time. tobacco product not substantially (Comment 1) Multiple comments (Comment 3) Comments provided equivalent under section 910(a) of the addressed the classes of tobacco actions several reasons why they believe FD&C Act, denial of a request for an FDA proposed to qualify for categorical categorically excluding nonprovisional exemption under part 1107 from the exclusions. Several comments did not SE reports and SE exemption requests requirement of demonstrating want FDA to categorically exclude any from the requirement to develop an EA substantial equivalence, issuance of an class of actions from the requirement to or EIS for tobacco products will not order under section 910(c) of the FD&C prepare an EA or EIS. These comments significantly affect the quality of the Act that a new tobacco product may not stated that the tobacco industry has human environment. First, comments be introduced or delivered for misrepresented facts and relevant stated that marketing authorizations for introduction into interstate commerce, information regarding adverse impacts products that are the subject of or issuance of an order under section of its tobacco products and cannot be nonprovisional SE reports and SE 911 of the FD&C Act that a MRTP may trusted to determine whether exemption requests will not lead to a not be introduced or delivered for extraordinary circumstances are present larger overall tobacco product market or introduction into interstate commerce (a such that the specific proposed action expand tobacco product consumption; MRTP is any tobacco product that is may have the potential to significantly and tobacco products found SE or sold or distributed for use to reduce affect the quality of the human exempt from SE will compete with or harm or the risk of tobacco-related environment. replace tobacco products currently on disease associated with commercially (Response) We disagree with these the market. In addition, comments marketed tobacco products); (3) comments. FDA is categorically estimated that the number of new rescission (order withdrawing an order) excluding those actions that FDA has tobacco products for which FDA issues or temporary suspension of an order determined, based on experience, will SE orders (for nonprovisional SE reports authorizing the marketing of a new not significantly affect the quality of the under section 910(a)(2)(A) of the FD&C tobacco product under section 910 of human environment. Additionally, this Act) or grants SE exemptions would be the FD&C Act; (4) rescission of an order final rule will require a person relatively small. authorizing the marketing of a MRTP submitting a tobacco product Second, comments urged FDA to under section 911 of the FD&C Act; and application to certify that the categorically exclude the granting of SE (5) rescission of an order granting an application qualifies for a categorical exemption requests because they believe exemption request under § 1107.1. exclusion. FDA may deny the the foreseeable environmental effects application if the submitter makes a are even less significant for SE III. Comments on the Proposed Rule false certification. In addition, under exemptions than for nonprovisional SE FDA received 10 comments on the section 1001 of title 18 of the United reports, based upon the more limited proposed rule. Comments were received States Code, anyone who makes a circumstances in which a product from tobacco product manufacturers, materially false, fictitious, or fraudulent would be eligible for a request for an SE environmental groups, and individuals. statement to the Government of the exemption. To make it easier to identify comments United States is subject to criminal Third, comments stated that and our responses, the word penalties. FDA, therefore, will continue authorizing categorical exclusions for ‘‘Comment,’’ in parentheses, will appear to have appropriate oversight of the marketing authorizations for products before each comment, and the word environmental impacts of tobacco that are the subject of nonprovisional SE ‘‘Response,’’ in parentheses, will appear product applications that are the subject reports and SE exemption requests before each response. We have of this final rule. would be consistent with FDA’s numbered the comments to make it (Comment 2) Other comments regulatory approach to premarket easier to distinguish between comments; expressed support for the rule and clearances and approvals for other the numbers are for organizational recommended that FDA add additional product categories regulated by the purposes only and do not reflect the categorical exclusions for marketing Agency. Comments also maintained that order in which we received the authorizations for products that are the the tobacco industry’s previous comments or any value associated with subject of SE reports under section experience with EAs for tobacco them. We have combined similar 910(a)(2)(A) (nonprovisional SE reports) product applications demonstrates that comments under one numbered and SE exemption requests under these tobacco products are unlikely to comment. In addition to the comments section 905(j)(3) of the FD&C Act (21 significantly affect environment. specific to this rulemaking that we U.S.C. 387e(j)(3)). These comments Fourth, a comment suggested that the address in the following paragraphs, we stated that FDA’s analysis in support of extraordinary circumstances provision received five general comments: (1) One the proposed rule should apply to these of the proposed rule supports inclusion expressing a view that all tobacco actions as well. of other classes of tobacco actions products should be prohibited; (2) (Response) We disagree. As we stated because it provides a mechanism by another providing reasons why FDA in the proposed rule, FDA expects that which to prevent any SE report or SE should regulate tobacco products and any new tobacco product that receives exemption request from resulting in the tobacco marketing; (3) one opposing any marketing authorization through any of exposure of substances harmful to some regulation that decreases FDA authority; the available premarket pathways will biological mechanisms or systems in the (4) one supporting another comment; have less—or no more—environmental environment or cause harm to a and (5) one that stated general impact than do tobacco products protected or endangered species. disagreement with FDA proposing rules currently on the market. However, FDA (Response) We disagree with these for this policy. These comments express does not yet have data to determine comments. CEQ has provided guidance broad policy views and do not address whether these actions, in the aggregate, to Federal Agencies for substantiating a specific points related to this will significantly impact the new or revised categorical exclusion. In rulemaking. Because these general environment. Actions on provisional SE this guidance, CEQ explains that
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Federal Agencies should propose new in the preamble of the proposed rule, effects due to toxic waste released from categorical exclusions after they, or FDA will continue to rely upon and managed in industrial facilities in other Agencies, ‘‘gain sufficient consideration of the intensity and the United States and the existing experience with new activities to make context as set out at 40 CFR 1508.27 for environmental effects due to the use and a reasoned determination that any determining whether an extraordinary disposal from use of the tobacco resulting environmental impacts are not circumstance is present and a proposed products in the country (79 FR 3742 at significant.’’ At this time, FDA is not yet action may have the potential to 3745). FDA has carefully considered the able to effectively evaluate whether significantly affect the environment (79 information available in order to these classes of actions will lead to a FR 3742 at 3746). conclude that these tobacco product larger overall tobacco product market or (Comment 5) Two comments actions qualify for categorical exclusion questioned FDA’s assertion that tobacco expand tobacco product consumption. under NEPA. A finding of SE for products that are the product waste is ‘‘individually and subject of a nonprovisional SE report, cumulatively trivial’’ and asserted that V. Environmental Impact while comparing one tobacco product to FDA did not review a sufficient number another for characteristics and public of studies. These comments urged FDA The amendment of FDA’s NEPA health impact, does not account for the to not finalize the proposed rule based regulations (part 25) concerns NEPA environmental impact of many on the environmental impact of tobacco documentation for certain actions on determinations in the aggregate. FDA product waste. They noted that the tobacco product submission. CEQ does will continue to monitor submissions growing of tobacco and manufacturing not direct Federal Agencies to prepare a and will consider issuing a new of cigarettes may result in a variety of NEPA analysis or document before proposed rule if the Agency determines pesticides, herbicides, insecticides, establishing Agency procedures that that additional tobacco product actions fungicides, and rodenticides being supplement CEQ regulations for should be categorically excluded, in the deposited into the environment, and implementing NEPA. Agencies are absence of extraordinary circumstances, 4,000 chemicals may be introduced to required to adopt NEPA procedures that from further analysis in an EA or EIS. the environment via tobacco product establish specific criteria for, and (Comment 4) One comment stated waste, thirdhand, and secondhand identification of, three classes of that FDA should revise the examples smoke. One comment stated that the actions: (1) Those that require provided in the preamble of the environmental impacts of tobacco preparation of an EIS; (2) those that proposed rule regarding circumstances product manufacture and disposal are require preparation of an EA; (3) and where a categorical exclusion would not best addressed by having FDA retain the those that are categorically excluded be appropriate for tobacco products. lead role in preparing any necessary from further NEPA review (40 CFR This comment stated that FDA EISs or EAs. 1507.3(b)). Categorical exclusions are (Response) FDA disagrees with paraphrases two extraordinary one part of those Agency procedures; comments stating that it did not circumstances examples provided in the therefore, establishing categorical regulations (at § 25.21(a) and (b)) and adequately consider the environmental exclusions does not require preparation unnecessarily expands the scope of impact of tobacco product waste. FDA of a NEPA analysis or document. these provisions. reviewed the 2011 Toxics Release (Response) We disagree with this Inventory National Analysis to Agency NEPA procedures, such as comment’s characterization of FDA’s determine that the amount of waste FDA’s EPA regulations, assist FDA in discussion of extraordinary released, recycled, and treated due to the fulfillment of Agency circumstances. FDA’s description in the the manufacturer of all tobacco products responsibilities under NEPA, but are not preamble provided circumstances for currently on the market is a fraction of FDA’s final determination of what level which EA or EIS preparation may be the total toxic waste released from and of NEPA analysis is required for a required for tobacco product managed by industrial facilities in the particular proposed action on a tobacco applications. The descriptions were not United States. The classes of actions product submission. The requirements intended to expand the existing that FDA proposed for categorical for establishing Agency NEPA regulations on extraordinary exclusions do not result in additional procedures are set forth at 40 CFR circumstances (§ 25.21 Extraordinary tobacco products being marketed 1505.1 and 1507.3. Furthermore, the circumstances) but, rather, to apply because those exclusions represent Agency has also determined under them to tobacco product applications. either the marketing authorization of § 25.30(h) that this rulemaking does not As set forth in § 25.21, FDA will require tobacco products already on the market individually or cumulatively have a preparation of at least an EA for an (provisional SE reports), or the significant effect on the quality of the action that would normally be rescission, suspension, or denial of human environment. categorically excluded if extraordinary authorization for a new tobacco product. circumstances are present such that the As mentioned in the proposed rule, VI. Analysis of Impacts proposed Agency action may have the FDA also reviewed the effect on the The final regulatory impact analysis is potential to ‘‘significantly’’ affect the environment due to the use (including available as Reference 2 in Docket No. quality of the human environment. The secondhand and thirdhand smoke) and FDA–2013–N–1282 (Ref. 2) and at ‘‘protected or endangered species’’ disposal of tobacco products (including http://www.fda.gov/AboutFDA/ mentioned in the preamble to the cigarette butts) currently on the market. ReportsManualsForms/Reports/ proposed rule will continue to be those FDA acknowledged that currently determined under the Endangered marketed tobacco products contribute to EconomicAnalyses/default.htm. Species Act or the Convention on pollution on beaches and streets and VII. Paperwork Reduction Act of 1995 International Trade in Endangered affect wildlife and marine and Species of Wild Flora and Fauna to be freshwater fish. FDA concluded from its This final rule contains no collection endangered or threatened or wild flora review that the effects of keeping of information. Therefore, clearance by or fauna that are entitled to special tobacco products on the market are the Office of Management and Budget protection under some other Federal individually and cumulatively trivial (OMB) under the Paperwork Reduction law, as stipulated at § 25.21(b). As stated compared to the existing environmental Act of 1995 is not required.
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VIII. Federalism ■ c. In paragraph (d), remove ‘‘or may not be introduced or delivered for 25.34,’’ and add in its place ‘‘25.34, or introduction into interstate commerce; FDA has analyzed this final rule in 25.35,’’. (c) Rescission or temporary accordance with the principles set forth ■ suspension of an order authorizing the in Executive Order 13132. FDA has 3. Amend § 25.20 by revising the marketing of a new tobacco product determined that the final rule does not introductory text and by adding under section 910 of the Federal Food, contain policies that have substantial paragraphs (o) and (p) to read as Drug, and Cosmetic Act; direct effects on the States, on the follows: (d) Rescission of an order authorizing relationship between the National § 25.20 Actions requiring preparation of an the marketing of a modified risk tobacco Government and the States, or on the environmental assessment. product under section 911 of the distribution of power and Any proposed action of a type Federal Food, Drug, and Cosmetic Act; responsibilities among the various specified in this section normally and levels of government. Accordingly, the requires at least the preparation of an (e) Rescission of an order granting an Agency has concluded that the rule does EA, unless it is an action in a specific exemption request under § 1107.1 of not contain policies that have class that qualifies for exclusion under this chapter. federalism implications as defined in §§ 25.30, 25.31, 25.32, 25.33, 25.34, or the Executive order and, consequently, 25.35: § 25.40 [Amended] a federalism summary impact statement * * * * * ■ 6. Amend § 25.40 by removing from is not required. (o) Issuance of an order finding a paragraph (a) ‘‘or § 25.34’’ and adding in IX. References tobacco product substantially equivalent its place, ‘‘§ 25.34, or § 25.35.’’ under the Federal Food, Drug, and The following references have been Cosmetic Act, or granting of a request ■ 7. Amend § 25.50 by revising the first, placed on display in the Division of for an exemption under 21 CFR part third, fourth, and fifth sentences of Dockets Management (see ADDRESSES) 1107 from the requirement of paragraph (b) to read as follows: and may be seen by interested persons demonstrating substantial equivalence, § 25.50 General information. between 9 a.m. and 4 p.m. Monday unless categorically excluded under * * * * * through Friday, and are available § 25.35. electronically at http:// (p) Issuance of an order authorizing (b) Many FDA actions involving www.regulations.gov. marketing of a new tobacco product investigations, review, and approval or under section 910 of the Federal Food, market authorization of applications, 1. Council on Environmental Quality, ‘‘Final and premarket notifications for human Guidance for Federal Departments and Drug, and Cosmetic Act or an order authorizing marketing of a modified risk drugs, animal drugs, biologic products, Agencies on Establishing, Applying, and devices, and tobacco products are Revising Categorical Exclusions Under tobacco product under section 911 of the Federal Food, Drug, and Cosmetic protected from disclosure under the the National Environmental Policy Act,’’ Trade Secret Act, 18 U.S.C. 1905, and 76 FR 3843, January 21, 2011. Act, unless categorically excluded 2. Statement of RADM David Ashley, Ph.D. under § 25.35. section 301(j) of the Federal Food, Drug, and Hoshing Chang, Ph.D., ‘‘Impact of and Cosmetic Act. * * * Even the Tobacco Products on the Environment.’’ § 25.30 [Amended] existence of applications for human drugs, animal drugs, biologic products, List of Subjects in 21 CFR Part 25 ■ 4. Amend the introductory text of § 25.30 by removing ‘‘25.34’’ and adding devices, and tobacco products is Environmental impact statements, in its place ‘‘25.35’’. protected from disclosure under these regulations. Therefore, unless the Foreign relations, Reporting and ■ 5. Add § 25.35 to subpart C to read as existence of applications for human recordkeeping requirements. follows: Therefore, under the Federal Food, drugs, animal drugs, biologic products, Drug, and Cosmetic Act, and authority § 25.35 Tobacco product applications. tobacco products, or premarket delegated to the Commissioner of Food The classes of actions listed in this notification for devices has been made and Drugs, 21 CFR part 25 is amended section are categorically excluded and, publicly available, the release of the as follows: therefore, normally do not require the environmental document before preparation of an EA or an EIS: approval or authorization of human PART 25—ENVIRONMENTAL IMPACT (a) Issuance of an order finding a drugs, animal drugs, biologic products, CONSIDERATIONS tobacco product substantially equivalent devices and tobacco products is under section 910(a)(2)(B) of the Federal inconsistent with statutory requirements ■ 1. The authority citation for 21 CFR Food, Drug, and Cosmetic Act; imposed on FDA. Appropriate part 25 continues to read as follows: (b) Issuance of an order finding a environmental documents, comments, Authority: 21 U.S.C. 321–393; 42 U.S.C. tobacco product not substantially and responses will be included in the 262, 263b–264; 42 U.S.C. 4321, 4332; 40 CFR equivalent under section 910(a) of the administrative record to the extent parts 1500–1508; E.O. 11514, 35 FR 4247, 3 Federal Food, Drug, and Cosmetic Act, allowed by applicable laws. CFR, 1971 Comp., p. 531–533 as amended by denial of a request for an exemption ■ 8. Amend § 25.52 by revising the first E.O. 11991, 42 FR 26967, 3 CFR, 1978 Comp., under 21 CFR part 1107 from the sentence of paragraph (a) and p. 123–124 and E.O. 12114, 44 FR 1957, 3 requirement of demonstrating paragraphs (b) and (c) to read as follows: CFR, 1980 Comp., p. 356–360. substantial equivalence, issuance of an § 25.52 Environmental impact statements. § 25.15 [Amended] order under section 910(c) of the Federal Food, Drug, and Cosmetic Act (a) If FDA determines that an EIS is ■ 2. Amend § 25.15 as follows: that a new tobacco product may not be necessary for an action involving ■ a. In paragraph (a), remove ‘‘or 25.34,’’ introduced or delivered for introduction investigations, approvals, or market and add in its place ‘‘25.34, or 25.35,’’; into interstate commerce, or issuance of authorizations for drugs, animal drugs, ■ b. In paragraph (c), remove ‘‘or 25.34’’ an order under section 911 of the biologic products, devices, or tobacco and add in its place ‘‘25.34, or 25.35’’; Federal Food, Drug, and Cosmetic Act products, an EIS will be prepared but and that a modified risk tobacco product will become available only at the time
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of the approval or market authorization bridge decking. This deviation allows a and from 7 a.m. to 10 a.m. and from 3:30 of the product. * * * single leaf opening with a one hour p.m. to 7 p.m. from September 1 to (b) Comments on the EIS may be advance notice during the day, and April 30. The draw need open only on submitted after the approval or market remains in the closed-to-navigation the hour and half hour from 12:30 p.m. authorization of the drug, animal drug, position at night. to 3:30 p.m. and from 6 p.m. to 6:30 biologic product, device, or tobacco DATES: This deviation is effective from p.m. product. Those comments can form the 7 a.m. on October 3, 2015 to 7 a.m. on The deviation period is from 7 a.m. on basis for the Agency to consider October 26, 2015. October 3, 2015 until 7 p.m. on October beginning an action to withdraw the ADDRESSES: The docket for this approval or market authorization of 3, 2015 (south single leaf opening if a deviation, [USCG–2015–0888] is one hour notice is given); from 7 p.m. applications for a drug, animal drug, available at http://www.regulations.gov. on October 3, 2015 until 7 a.m. on biologic product, or tobacco product, or Type the docket number in the October 4, 2015 (remain in the closed- to withdraw premarket notifications or ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ premarket approval applications for Click on Open Docket Folder on the line to-navigation position); from 7 a.m. on devices. associated with this deviation. You may October 4, 2015 until 7 p.m. on October (c) In those cases where the existence also visit the Docket Management 4, 2015 (south single leaf opening if a of applications and premarket Facility in Room W12–140 on the one hour notice is given); from 7 p.m. notifications for drugs, animal drugs, ground floor of the Department of on October 4, 2015 until 7 a.m. on biologic products, devices, or tobacco Transportation West Building, 1200 October 5, 2015 (remain in the closed- products has already been disclosed New Jersey Avenue SE., Washington, to-navigation position); from 7 a.m. on before the Agency approves the action, DC 20590, between 9 a.m. and 5 p.m., October 24, 2015 until 7 p.m. on the Agency will ensure appropriate Monday through Friday, except Federal October 24, 2015 (south single leaf public involvement consistent with 40 holidays. opening if a one hour notice is given); CFR 1506.6 and part 1503 in preparing FOR FURTHER INFORMATION CONTACT: If from 7 p.m. on October 24, 2015 until and implementing the NEPA procedures you have questions on this temporary 7 a.m. on October 25, 2015 (remain in related to preparing EISs while deviation, call or email Mr. Steven the closed-to-navigation position); from following its own disclosure Fischer, Bridge Administrator, 7 a.m. on October 25, 2015 until 7 p.m. requirements including those listed in Thirteenth Coast Guard District; on October 25, 2015 (south single leaf part 20 and §§ 312.130(b), 314.430(d), telephone 206–220–7282, email d13-pf- opening if a one hour notice is given); 514.11(d), 514.12(b), 601.51(d), [email protected]. from 7 p.m. on October 25, 2015 until 807.95(e), 812.38(b), and 814.9(d) of this chapter. SUPPLEMENTARY INFORMATION: 7 a.m. on October 26, 2015 (remain in Washington Department of the closed-to-navigation position). * * * * * Transportation has requested a Waterway usage on the Lake Dated: September 16, 2015. temporary deviation from the operating Washington Ship Canal ranges from Leslie Kux, schedule for the Montlake Bridge across commercial tug and barge to small the Lake Washington Ship Canal, at Associate Commissioner for Policy. pleasure craft. Vessels able to pass mile 5.2, at Seattle, WA. The deviation [FR Doc. 2015–24219 Filed 9–23–15; 8:45 am] through the bridge in the closed-to- is necessary to accommodate work BILLING CODE 4164–01–P navigation position may do so at crews to conduct timely bridge deck repairs. anytime. The bridge will be able to open The Montlake Bridge in the closed for emergency vessels in route to a call DEPARTMENT OF HOMELAND when an hour notice is given to the SECURITY position provides 30 feet of vertical clearance throughout the navigation bridge operator, and a single leaf Coast Guard channel, and 46 feet of vertical opening will be provided. The Lake clearance throughout the center 60 feet Washington Ship Canal has no 33 CFR Part 117 of the bridge; vertical clearance immediate alternate route for vessels to references to the Mean Water Level of pass. The Coast Guard will also inform [Docket No. USCG–2015–0888] Lake Washington. When half the span is the users of the waterways through our open, single leaf, 46 feet of vertical Drawbridge Operation Regulation; Local and Broadcast Notices to Mariners clearance will be reduced throughout Lake Washington Ship Canal, Seattle, of the change in operating schedule for the center to 30 feet of the bridge. WA the bridge so that vessels can arrange To facilitate this event, the south half their transits to minimize any impact AGENCY: Coast Guard, DHS. of the bridge span, or single leaf, will caused by the temporary deviation. open with at least a one hour advance ACTION: Notice of deviation from In accordance with 33 CFR 117.35(e), drawbridge regulation. notice provided to the bridge operator from 7 a.m. to 7 p.m. From 7 p.m. to 7 the drawbridge must return to its regular SUMMARY: The Coast Guard has issued a a.m., the Montlake Bridge span will operating schedule immediately at the temporary deviation from the operating remain in the closed-to-navigation end of the designated time period. This schedule that governs the Montlake position, or full closure. deviation from the operating regulations Bridge across the Lake Washington Ship The normal operating schedule for the is authorized under 33 CFR 117.35. Canal, mile 5.2, at Seattle, WA. The Montlake Bridge operates in accordance Dated: September 18, 2015. Montlake Bridge is a double leaf bascule with 33 CFR 117.1051(e) which requires Steven M. Fischer, bridge. The deviation is necessary to the bridge to open on signal, except that allow the bridge to operate in single leaf the bridge need not open for vessels less Bridge Administrator, Thirteenth Coast Guard mode during day light hours, and a full than 1,000 gross tons between 7 a.m. District. closure (both bascule leafs in the closed- and 9 a.m. and 3:30 p.m. and 6:30 p.m. [FR Doc. 2015–24289 Filed 9–23–15; 8:45 am] to-navigation position) during night Monday through Friday, except Federal BILLING CODE 9110–04–P time hours while work crews replace Holidays from April 30 to September 1,
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ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: proposed rulemaking closed on August AGENCY Kelly Sheckler, Air Regulatory 24, 2015. EPA did not receive any Management Section, Air Planning and comments, adverse or otherwise, during 40 CFR Part 52 Implementation Branch, Pesticides and the public comment period. Toxics Management Division, Region 4, II. Final Action [EPA–R04–OAR–2015–0114; FRL–9934–52– U.S. Environmental Protection Agency, Region 4] 61 Forsyth Street SW., Atlanta, Georgia EPA is taking final action to approve Approval and Promulgation of 30303–8960. Ms. Sheckler’s phone the SIP revision submitted by Georgia Implementation Plans; Georgia; number is (404) 562–9222. She can also on January 22, 2015, to move Georgia’s Removal of Clean Fuel Fleet Program be reached via electronic mail at CFFP rules (Georgia Rules 391–3–22–.01 [email protected]. through .11) from the active portion of AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: Georgia SIP to the contingency measures Agency (EPA). portion of Georgia’s maintenance plan I. Background ACTION: Final rule. in the SIP for the 1997 Atlanta 8-hour On January 22, 2015, GA EPD ozone area. EPA has determined that SUMMARY: The Environmental Protection submitted a SIP revision to EPA with a Georgia’s January 22, 2015, SIP revision Agency (EPA) is approving changes to request to move Georgia’s CFFP rules related to the State’s CFFP is consistent the Georgia State Implementation Plan (Georgia Rules 391–3–22–.01 through with the CAA and EPA’s regulations (SIP) that were submitted by the State of .11) 1 From the active portion of the and guidance. Georgia, through the Georgia Georgia SIP to the contingency measures III. Statutory and Executive Order Environmental Protection Division (GA portion of the ozone maintenance plan Reviews EPD), on January 22, 2015, for the for the Atlanta Area for the 1997 8-hour purpose of moving the Clean Fuel Fleet ozone NAAQS.2 EPA incorporated this Under the CAA, the Administrator is Program (CFFP) from the active portion maintenance plan into the SIP in a final required to approve a SIP submission of the Georgia SIP to the contingency action published on December 2, 2013. that complies with the provisions of the measures portion of the maintenance See 78 FR 72040. Act and applicable federal regulations. plan for the Atlanta Area for the 1997 On July 24, 2015, EPA published a See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 8-hour ozone national ambient air proposed rulemaking to approve Thus, in reviewing SIP submissions, quality standards (NAAQS). EPA has Georgia’s January 22, 2015, SIP revision EPA’s role is to approve state choices, determined that Georgia’s January 22, related to the CFFP based, in part, on provided that they meet the criteria of 2015, SIP revision regarding the CFFP is EPA’s preliminary finding that the SIP the CAA. Accordingly, this action approvable because it is consistent with revision satisfies the anti-backsliding merely approves state law as meeting the Clean Air Act (CAA or Act). requirements of EPA’s ozone Federal requirements and does not implementation rules and the CAA DATES: This rule will be effective impose additional requirements beyond section 110(l) requirements. The details October 26, 2015. those imposed by state law. For that of Georgia’s submittal and the rationale reason, this action: ADDRESSES: EPA has established a for EPA’s action are explained in that • Is not a ‘‘significant regulatory docket for this action under Docket notice of proposed rulemaking. See 80 action’’ subject to review by the Office Identification No. EPA–R04–OAR– FR 44014. The comment period for the of Management and Budget under 2015–0114. All documents in the docket Executive Order 12866 (58 FR 51735, are listed on the www.regulations.gov 1 The CFFP is addressed in Title II, part C of the October 4, 1993) and 13563 (76 FR 3821, Web site. Although listed in the index, CAA. See CAA sections 241–250. Congress added January 21, 2011); Part C, entitled ‘‘Clean Fuel Vehicles,’’ to the CAA some information may not be publicly • does not impose an information available, i.e., Confidential Business to establish two programs: a clean-fuel vehicle pilot program in the State of California (the California collection burden under the provisions Information or other information whose Pilot Test Program), and a CFFP in certain ozone of the Paperwork Reduction Act (44 disclosure is restricted by statute. and carbon monoxide nonattainment areas. Under U.S.C. 3501 et seq.); Certain other material, such as section 246 of the CAA, certain states were required • to adopt and submit to EPA a SIP revision is certified as not having a copyrighted material, is not placed on containing a CFFP for ozone nonattainment areas significant economic impact on a the Internet and will be publicly with a 1980 population greater than 250,000 that substantial number of small entities available only in hard copy form. were classified as serious, severe, or extreme. On under the Regulatory Flexibility Act (5 Publicly available docket materials are May 2, 1994, the State of Georgia submitted a SIP revision to address the CFFP requirements for the U.S.C. 601 et seq.); available either electronically through Atlanta 1-Hour Ozone Area. EPA approved that SIP • does not contain any unfunded www.regulations.gov or in hard copy at revision, containing Georgia’s CFFP rules, in a mandate or significantly or uniquely the Air Regulatory Management Section notice published on May 2, 1994. See 60 FR 66149. affect small governments, as described (formerly Regulatory Development 2 On April 30, 2004, EPA designated the following 20 counties in and around metropolitan in the Unfunded Mandates Reform Act Section), Air Planning and Atlanta as a marginal nonattainment area for the of 1995 (Pub. L. 104–4); Implementation Branch (formerly Air 1997 8-hour ozone NAAQS (referred to as the • does not have Federalism Planning Branch), Air, Pesticides and ‘‘Atlanta 1997 8-Hour Ozone Area’’): Barrow, implications as specified in Executive Toxics Management Division, U.S. Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Order 13132 (64 FR 43255, August 10, Environmental Protection Agency, Gwinnett, Hall, Henry, Newton, Paulding, 1999); Region 4, 61 Forsyth Street SW., Rockdale, Spalding, and Walton. See 69 FR 23858. • is not an economically significant Atlanta, Georgia 30303–8960. EPA EPA reclassified this same area as a moderate regulatory action based on health or requests that if at all possible, you nonattainment area on March 6, 2008, because the Area failed to attain the 1997 8-hour ozone NAAQS safety risks subject to Executive Order contact the person listed in the FOR by the required attainment date of June 15, 2007. 13045 (62 FR 19885, April 23, 1997); FURTHER INFORMATION CONTACT section to See 73 FR 12013. Subsequently, the area attained • is not a significant regulatory action schedule your inspection. The Regional the 1997 8-hour ozone standard, and on December subject to Executive Order 13211 (66 FR Office’s official hours of business are 2, 2013, EPA redesignated the area to attainment for 28355, May 22, 2001); the 1997 8-hour ozone NAAQS and approved the • Monday through Friday 8:30 a.m. to associated maintenance plan into the SIP. See 78 FR is not subject to requirements of 4:30 p.m., excluding Federal holidays. 72040. Section 12(d) of the National
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Technology Transfer and Advancement Congress and to the Comptroller General List of Subjects in 40 CFR Part 52 Act of 1995 (15 U.S.C. 272 note) because of the United States. EPA will submit a Environmental protection, Air application of those requirements would report containing this action and other pollution control, Incorporation by be inconsistent with the CAA; and required information to the U.S. Senate, • reference, Ozone, Reporting and does not provide EPA with the the U.S. House of Representatives, and recordkeeping requirements, Volatile discretionary authority to address, as the Comptroller General of the United organic compounds. appropriate, disproportionate human States prior to publication of the rule in Authority: 42 U.S.C. 7401 et seq. health or environmental effects, using the Federal Register. A major rule practicable and legally permissible cannot take effect until 60 days after it Dated: September 10, 2015. methods, under Executive Order 12898 is published in the Federal Register. Heather McTeer Toney, (59 FR 7629, February 16, 1994). This action is not a ‘‘major rule’’ as Regional Administrator, Region 4. In addition, the SIP is not approved defined by 5 U.S.C. 804(2). 40 CFR part 52 is amended as follows: to apply on any Indian reservation land or in any other area where EPA or an Under section 307(b)(1) of the CAA, petitions for judicial review of this PART 52—APPROVAL AND Indian tribe has demonstrated that a PROMULGATION OF action must be filed in the United States tribe has jurisdiction. In those areas of IMPLEMENTATION PLANS Indian country, the rule does not have Court of Appeals for the appropriate tribal implications as specified by circuit by November 23, 2015. Filing a ■ 1. The authority citation for part 52 Executive Order 13175 (65 FR 67249, petition for reconsideration by the continues to read as follows: November 9, 2000), nor will it impose Administrator of this final rule does not Authority: 42 U.S.C. 7401 et seq. substantial direct costs on tribal affect the finality of this action for the governments or preempt tribal law. purposes of judicial review nor does it Subpart L—Georgia The Congressional Review Act, 5 extend the time within which a petition U.S.C. 801 et seq., as added by the Small for judicial review may be filed, and ■ 2. Section 52.570(c) is amended by Business Regulatory Enforcement shall not postpone the effectiveness of revising the entry for ‘‘391–3–22’’ to Fairness Act of 1996, generally provides such rule or action. This action may not read as follows: that before a rule may take effect, the be challenged later in proceedings to agency promulgating the rule must enforce its requirements. See section § 52.570 Identification of plan. submit a rule report, which includes a 307(b)(2). * * * * * copy of the rule, to each House of the (c) * * *
EPA APPROVED GEORGIA REGULATIONS
State effective State citation Title/subject date EPA approval date Explanation
******* 391–3–22 ...... Clean Fueled Fleets .... 5/11/14 9/24/15 [Insert citation of publica- Clean Fueled Fleets rules moved to the contin- tion]. gency measures portion of the SIP-approved 1997 8-hour ozone Maintenance Plan for the Atlanta Area.
* * * * * Florida, through the Department of required infrastructure elements for the [FR Doc. 2015–24094 Filed 9–23–15; 8:45 am] Environmental Protection (FL DEP) for 2008 Lead NAAQS. BILLING CODE 6560–50–P inclusion into the Florida SIP. This final DATES: This rule will be effective submission pertains to the Clean Air Act October 26, 2015 (CAA or the Act) infrastructure ADDRESSES: EPA has established a ENVIRONMENTAL PROTECTION requirements for the 2008 Lead national docket for this action under Docket AGENCY ambient air quality standards (NAAQS). Identification No. EPA–R04–OAR– The CAA requires that each state adopt 40 CFR Part 52 2013–0040. All documents in the docket and submit a SIP for the are listed on the www.regulations.gov [EPA–R04–OAR–2013–0040; FRL–9934–41– implementation, maintenance, and Web site. Although listed in the index, Region 4] enforcement of each NAAQS some information is not publicly promulgated by EPA, which is available, i.e., Confidential Business Approval and Promulgation of commonly referred to as an Information or other information whose Implementation Plans; Florida ‘‘infrastructure’’ SIP. FL DEP certified disclosure is restricted by statute. Infrastructure Requirements for the that the Florida SIP contains provisions Certain other material, such as 2008 Lead NAAQS that ensure the 2008 Lead NAAQS is copyrighted material, is not placed on AGENCY: Environmental Protection implemented, enforced, and maintained the Internet and will be publicly Agency (EPA). in Florida. With the exception of available only in hard copy form. ACTION: Final rule. provisions pertaining to prevention of Publicly available docket materials are significant deterioration (PSD) available either electronically through SUMMARY: The Environmental Protection permitting which EPA has already www.regulations.gov or in hard copy at Agency (EPA) is taking final action to approved, EPA is taking final action to the Air Regulatory Management Section, approve portions of the October 14, approve Florida’s infrastructure Air Planning and Implementation 2011, State Implementation Plan (SIP) submission, provided to EPA on Branch, Air, Pesticides and Toxics submission, provided by the State of October 14, 2011, as satisfying the Management Division, U.S.
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Environmental Protection Agency, II. Final Action • does not provide EPA with the Region 4, 61 Forsyth Street SW., With the exception of provisions discretionary authority to address, as Atlanta, Georgia 30303–8960. EPA pertaining to PSD permitting appropriate, disproportionate human requests that if at all possible, you requirements, EPA is taking final action health or environmental effects, using contact the person listed in the FOR to approve Florida’s October 14, 2011, practicable and legally permissible FURTHER INFORMATION CONTACT section to infrastructure submission because it methods, under Executive Order 12898 schedule your inspection. The Regional addresses the required infrastructure (59 FR 7629, February 16, 1994). Office’s official hours of business are elements for the 2008 Lead NAAQS. FL In addition, the SIP is not approved Monday through Friday, 8:30 a.m. to DEP has addressed the elements of the to apply on any Indian reservation land 4:30 p.m., excluding Federal holidays. CAA 110(a)(1) and (2) SIP requirements or in any other area where EPA or an pursuant to section 110 of the CAA to Indian tribe has demonstrated that a FOR FURTHER INFORMATION CONTACT: Zuri ensure that the 2008 Lead NAAQS is tribe has jurisdiction. In those areas of Farngalo, Air Regulatory Management implemented, enforced, and maintained Indian country, the rule does not have Section, Air Planning and in Florida. tribal implications and will not impose Implementation Branch, Air, Pesticides substantial direct costs on tribal and Toxics Management Division, U.S. III. Statutory and Executive Order Reviews governments or preempt tribal law as Environmental Protection Agency, specified by Executive Order 13175 (65 Region 4, 61 Forsyth Street SW., Under the CAA, the Administrator is FR 67249, November 9, 2000). Atlanta, Georgia 30303–8960. The required to approve a SIP submission The Congressional Review Act, 5 telephone number is (404) 562–9152. that complies with the provisions of the U.S.C. 801 et seq., as added by the Small Mr. Farngalo can be reached via Act and applicable Federal regulations. Business Regulatory Enforcement electronic mail at farngalo.zuri@ 42 U.S.C. 7410(k); 40 CFR 52.02(a). Fairness Act of 1996, generally provides epa.gov. Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, that before a rule may take effect, the SUPPLEMENTARY INFORMATION: provided that they meet the criteria of agency promulgating the rule must the CAA. Accordingly, this action submit a rule report, which includes a I. Background merely approves state law as meeting copy of the rule, to each House of the Congress and to the Comptroller General Upon promulgation of a new or Federal requirements and does not impose additional requirements beyond of the United States. EPA will submit a revised NAAQS, sections 110(a)(1) and report containing this action and other (2) of the CAA require states to address those imposed by state law. For that reason, this action: required information to the U.S. Senate, basic SIP requirements, including • the U.S. House of Representatives, and emissions inventories, monitoring, and Is not a significant regulatory action subject to review by the Office of the Comptroller General of the United modeling to assure attainment and Management and Budget under States prior to publication of the rule in maintenance for that new NAAQS. Executive Orders 12866 (58 FR 51735, the Federal Register. A major rule Section 110(a) of the CAA generally October 4, 1993) and 13563 (76 FR 3821, cannot take effect until 60 days after it requires states to make a SIP submission January 21, 2011); is published in the Federal Register. to meet applicable requirements in • does not impose an information This action is not a ‘‘major rule’’ as order to provide for the implementation, collection burden under the provisions defined by 5 U.S.C. 804(2). maintenance, and enforcement of a new of the Paperwork Reduction Act (44 Under section 307(b)(1) of the CAA, or revised NAAQS within three years U.S.C. 3501 et seq.); petitions for judicial review of this • following the promulgation of such is certified as not having a action must be filed in the United States NAAQS, or within such shorter period significant economic impact on a Court of Appeals for the appropriate as EPA may prescribe. For additional substantial number of small entities circuit by November 23, 2015. Filing a information on the infrastructure SIP under the Regulatory Flexibility Act (5 petition for reconsideration by the requirements, see the proposed U.S.C. 601 et seq.); Administrator of this final rule does not • rulemaking published on May 22, 2015 does not contain any unfunded affect the finality of this action for the (80 FR 29592). mandate or significantly or uniquely purposes of judicial review nor does it On May 22, 2015, EPA proposed to affect small governments, as described extend the time within which a petition approve portions of Florida’s October in the Unfunded Mandates Reform Act for judicial review may be filed, and of 1995 (Pub. L. 104–4); 14, 2011, 2008 Lead NAAQS • shall not postpone the effectiveness of infrastructure SIP submission with the does not have Federalism such rule or action. This action may not implications as specified in Executive exception of provisions pertaining to be challenged later in proceedings to Order 13132 (64 FR 43255, August 10, PSD permitting in sections 110(a)(2)(C), enforce its requirements. See section 1999); 307(b)(2). prong 3 of D(i) and (J). EPA did not • is not an economically significant receive any comments, adverse or regulatory action based on health or List of Subjects in 40 CFR Part 52 otherwise, on the May 22, 2015, safety risks subject to Executive Order proposed rule. EPA took final action to 13045 (62 FR 19885, April 23, 1997); Environmental protection, Air approve the PSD permitting • is not a significant regulatory action pollution control, Incorporation by requirements in sections 110(a)(2)(C), subject to Executive Order 13211 (66 FR reference, Intergovernmental relations, prong 3 of D(i) and (J) on March 18, 28355, May 22, 2001); Lead, Reporting and recordkeeping 2015 (80 FR 14019). EPA is taking final • is not subject to requirements of requirements, Volatile organic action to approve the remaining Section 12(d) of the National compounds. portions of Florida’s infrastructure Technology Transfer and Advancement Dated: September 10, 2015. submission as demonstrating that the Act of 1995 (15 U.S.C. 272 note) because Heather McTeer Toney, State meets the applicable requirements application of those requirements would Regional Administrator, Region 4. of sections 110(a)(1) and (2) of the CAA be inconsistent with the Clean Air Act; for the 2008 Lead NAAQS. and 40 CFR part 52 is amended as follows:
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PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. Lead National Ambient Air Quality PROMULGATION OF Standards’’ at the end of the table to Subpart K—Florida IMPLEMENTATION PLANS read as follows: ■ 2. Section 52.520(e), is amended by § 52.520 Identification of plan. ■ 1. The authority citation for part 52 adding entry ‘‘110(a)(1) and (2) * * * * * continues to read as follows: Infrastructure Requirements for the 2008 (e) * * *
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State effective EPA approval Provision date date Federal Register notice Explanation
******* 110(a)(1) and (2) Infrastructure Re- 10/14/2011 9/24/2015 [Insert citation of publication] ...... With the exception of provisions quirements for the 2008 Lead pertaining to PSD permitting re- National Ambient Air Quality quirements in sections Standards. 110(a)(2)(C), prong 3 of D(i) and (J).
[FR Doc. 2015–24088 Filed 9–23–15; 8:45 am] approve South Carolina’s infrastructure electronic mail at farngalo.zuri@ BILLING CODE 6560–50–P SIP submission, provided to EPA on epa.gov. September 20, 2011. SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION DATES: This rule will be effective I. Background October 26, 2015. AGENCY Upon promulgation of a new or ADDRESSES: EPA has established a revised NAAQS, sections 110(a)(1) and 40 CFR Part 52 docket for this action under Docket (2) of the CAA require states to address [EPA–R04–OAR–2012–0852; FRL– 9934–40– Identification No. EPA–R04–OAR– basic SIP requirements, including Region 4] 2012–0852. All documents in the docket emissions inventories, monitoring, and are listed on the www.regulations.gov modeling to assure attainment and Approval and Promulgation of Web site. Although listed in the index, maintenance for that new NAAQS. Implementation Plans; South Carolina; some information is not publicly Section 110(a) of the CAA generally Infrastructure Requirements for the available, i.e., Confidential Business requires states to make a SIP submission 2008 Lead National Ambient Air Quality Information or other information whose to meet applicable requirements in Standards disclosure is restricted by statute. order to provide for the implementation, Certain other material, such as maintenance, and enforcement of a new AGENCY: Environmental Protection copyrighted material, is not placed on or revised NAAQS within three years Agency (EPA). the Internet and will be publicly following the promulgation of such ACTION: Final rule. available only in hard copy form. NAAQS, or within such shorter period Publicly available docket materials are as EPA may prescribe. For additional SUMMARY: The Environmental Protection available either electronically through information on the infrastructure SIP Agency (EPA) is taking final action to www.regulations.gov or in hard copy at requirements, see the proposed approve the September 20, 2011, State the Air Regulatory Management Section, rulemaking published on June 8, 2015. Implementation Plan (SIP) submission, Air Planning and Implementation (80 FR 32324) provided by the South Carolina Branch, Air, Pesticides and Toxics On June 8, 2015, EPA proposed to Department of Health and Management Division, U.S. approve portions of South Carolina’s Environmental Control (SC DHEC) for Environmental Protection Agency, September 20, 2011, 2008 Lead NAAQS inclusion into the South Carolina SIP. Region 4, 61 Forsyth Street SW., infrastructure SIP submission with the This final action pertains to the Clean Atlanta, Georgia 30303–8960. EPA exception of provisions pertaining to Air Act (CAA or the Act) infrastructure requests that if at all possible, you PSD permitting in sections 110(a)(2)(C), requirements for the 2008 Lead national contact the person listed in the FOR prong 3 of D(i) and (J). See 80 FR 32324. ambient air quality standards (NAAQS). FURTHER INFORMATION CONTACT section to EPA did not receive any comments, The CAA requires that each state adopt schedule your inspection. The Regional adverse or otherwise, on the June 8, and submit a SIP for the Office’s official hours of business are 2015, proposed rule. EPA took final implementation, maintenance, and Monday through Friday, 8:30 a.m. to action to approve the PSD permitting enforcement of each NAAQS 4:30 p.m., excluding Federal holidays. requirements in sections 110(a)(2)(C), promulgated by EPA, which is prong 3 of D(i) and (J) on March 18, commonly referred to as an FOR FURTHER INFORMATION CONTACT: Zuri 2015. See 80 FR 14019. ‘‘infrastructure’’ SIP. SC DHEC certified Farngalo, Air Regulatory Management that the South Carolina SIP contains Section, Air Planning and II. This Action provisions to ensure the 2008 Lead Implementation Branch, Air, Pesticides In this rulemaking, EPA is taking final NAAQS is implemented, enforced, and and Toxics Management Division, U.S. action to approve the remaining maintained in South Carolina. With the Environmental Protection Agency, portions of South Carolina’s exception of provisions pertaining to Region 4, 61 Forsyth Street SW., infrastructure submission as prevention of significant deterioration Atlanta, Georgia 30303–8960. The demonstrating that the State meets the (PSD) permitting which EPA has already telephone number is (404) 562–9152. applicable requirements of sections approved, EPA is taking final action to Mr. Farngalo can be reached via 110(a)(1) and (2) of the CAA for the
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2008 Lead NAAQS. As mentioned • does not have Federalism report containing this action and other above, EPA took final action on the implications as specified in Executive required information to the U.S. Senate, elements pertaining to PSD permitting Order 13132 (64 FR 43255, August 10, the U.S. House of Representatives, and in a separate action on March 18, 2015. 1999); the Comptroller General of the United See 80 FR 14019. • is not an economically significant States prior to publication of the rule in regulatory action based on health or the Federal Register. A major rule III. Final Action safety risks subject to Executive Order cannot take effect until 60 days after it With the exception of provisions 13045 (62 FR 19885, April 23, 1997); is published in the Federal Register. pertaining to PSD permitting • is not a significant regulatory action This action is not a ‘‘major rule’’ as requirements in sections 110(a)(2)(C), subject to Executive Order 13211 (66 FR defined by 5 U.S.C. 804(2). prong 3 of D(i), and (J), EPA is taking 28355, May 22, 2001); • Under section 307(b)(1) of the CAA, final action to approve South Carolina’s is not subject to requirements of petitions for judicial review of this September 20, 2011, infrastructure Section 12(d) of the National action must be filed in the United States submission because it addresses the Technology Transfer and Advancement Court of Appeals for the appropriate required infrastructure elements for the Act of 1995 (15 U.S.C. 272 note) because circuit by November 23, 2015. Filing a 2008 Lead NAAQS. SC DHEC has application of those requirements would petition for reconsideration by the addressed the elements of the CAA be inconsistent with the Clean Air Act; Administrator of this final rule does not 110(a)(1) and (2) SIP requirements and affect the finality of this action for the • does not provide EPA with the pursuant to section 110 of the CAA to purposes of judicial review nor does it discretionary authority to address, as ensure that the 2008 Lead NAAQS is extend the time within which a petition appropriate, disproportionate human implemented, enforced, and maintained for judicial review may be filed, and health or environmental effects, using in South Carolina. shall not postpone the effectiveness of practicable and legally permissible such rule or action. This action may not IV. Statutory and Executive Order methods, under Executive Order 12898 be challenged later in proceedings to Reviews (59 FR 7629, February 16, 1994). In addition, this action for the state of enforce its requirements. See section Under the CAA, the Administrator is South Carolina does not have Tribal 307(b)(2). required to approve a SIP submission implications as specified by Executive List of Subjects in 40 CFR Part 52 that complies with the provisions of the Order 13175 (65 FR 67249, November 9, Act and applicable Federal regulations. 2000). The Catawba Indian Nation Environmental protection, Air 42 U.S.C. 7410(k); 40 CFR 52.02(a). Reservation is located within the State pollution control, Incorporation by Thus, in reviewing SIP submissions, of South Carolina. Pursuant to the reference, Intergovernmental relations EPA’s role is to approve state choices, Catawba Indian Claims Settlement Act, Lead, Reporting and recordkeeping provided that they meet the criteria of S.C. Code Ann. 27–16–120, ‘‘all state requirements, Volatile organic the CAA. Accordingly, this action and local environmental laws and compounds. merely approves state law as meeting regulations apply to the [Catawba Indian Dated: September 10, 2015. Federal requirements and does not Nation] and Reservation and are fully Heather McTeer Toney, impose additional requirements beyond enforceable by all relevant state and Regional Administrator, Region 4. those imposed by state law. For that local agencies and authorities.’’ 40 CFR part 52 is amended as follows: reason, this action: However, EPA has determined that • Is not a significant regulatory action because this rule does not have PART 52—APPROVAL AND subject to review by the Office of substantial direct effects on an Indian Management and Budget under PROMULGATION OF Tribe because, as noted above, this IMPLEMENTATION PLANS Executive Orders 12866 (58 FR 51735, action is not approving any specific October 4, 1993) and 13563 (76 FR 3821, rule, but rather proposing that South ■ 1. The authority citation for part 52 January 21, 2011); Carolina’s already approved SIP meets • continues to read as follows: does not impose an information certain CAA requirements. EPA notes Authority: 42 U.S.C. 7401 et seq. collection burden under the provisions this action will not impose substantial of the Paperwork Reduction Act (44 direct costs on Tribal governments or Subpart PP—South Carolina U.S.C. 3501 et seq.); preempt Tribal law. • is certified as not having a The Congressional Review Act, 5 ■ 2. Section 52.2120(e) is amended by significant economic impact on a U.S.C. 801 et seq., as added by the Small adding entry ‘‘110(a)(1) and (2) substantial number of small entities Business Regulatory Enforcement Infrastructure Requirements for the 2008 under the Regulatory Flexibility Act (5 Fairness Act of 1996, generally provides Lead National Ambient Air Quality U.S.C. 601 et seq.); that before a rule may take effect, the Standards’’ at the end of the table to • does not contain any unfunded agency promulgating the rule must read as follows: mandate or significantly or uniquely submit a rule report, which includes a affect small governments, as described copy of the rule, to each House of the § 52.2120 Identification of plan. in the Unfunded Mandates Reform Act Congress and to the Comptroller General * * * * * of 1995 (Pub. L. 104–4); of the United States. EPA will submit a (e) * * *
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State effective Provision date EPA approval date Explanation
******* 110(a)(1) and (2) Infrastructure Requirements for 9/20/2011 9/24/2015 [Insert Fed- With the exception of provisions pertaining to the 2008 Lead National Ambient Air Quality eral Register citation]. PSD permitting requirements in sections Standards. 110(a)(2)(C), prong 3 of D(i) and (J).
[FR Doc. 2015–24096 Filed 9–23–15; 8:45 am] BILLING CODE 6560–50–P
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Proposed Rules Federal Register Vol. 80, No. 185
Thursday, September 24, 2015
This section of the FEDERAL REGISTER ADDRESSES: You may send comments by to an address listed under the contains notices to the public of the proposed any of the following methods: ADDRESSES section. Include ‘‘Docket No. issuance of rules and regulations. The • Federal eRulemaking Portal: Go to FAA–2015–3634; Directorate Identifier purpose of these notices is to give interested http://www.regulations.gov. Follow the 2014–NM–203–AD’’ at the beginning of persons an opportunity to participate in the instructions for submitting comments. your comments. We specifically invite rule making prior to the adoption of the final • rules. Fax: 202–493–2251. comments on the overall regulatory, • Mail: U.S. Department of economic, environmental, and energy Transportation, Docket Operations, M– aspects of this proposed AD. We will DEPARTMENT OF TRANSPORTATION 30, West Building Ground Floor, Room consider all comments received by the W12–140, 1200 New Jersey Avenue SE., closing date and may amend this Federal Aviation Administration Washington, DC 20590. proposed AD based on those comments. • Hand Delivery: U.S. Department of We will post all comments we 14 CFR Part 39 Transportation, Docket Operations, M– receive, without change, to http:// 30, West Building Ground Floor, Room www.regulations.gov, including any [Docket No. FAA–2015–3634; Directorate Identifier 2014–NM–203–AD] W12–140, 1200 New Jersey Avenue SE., personal information you provide. We Washington, DC, between 9 a.m. and 5 will also post a report summarizing each RIN 2120–AA64 p.m., Monday through Friday, except substantive verbal contact we receive Federal holidays. about this proposed AD. Airworthiness Directives; Bombardier, For service information identified in Discussion Inc. Airplanes this proposed AD, contact Bombardier, AGENCY: Federal Aviation Inc., 400 Coˆte-Vertu Road West, Dorval, On September 19, 2014, we issued AD Administration (FAA), DOT. Que´bec H4S 1Y9, Canada; telephone 2014–20–01, Amendment 39–17974 (79 FR 59640, October 3, 2014). AD 2014– ACTION: Notice of proposed rulemaking 514–855–5000; fax 514–855–7401; email 20–01 requires actions intended to (NPRM). [email protected]. You may view this referenced service information address an unsafe condition on certain SUMMARY: We propose to supersede at the FAA, Transport Airplane Bombardier, Inc. Model CL–600–2B16 Airworthiness Directive (AD) 2014–20– Directorate, 1601 Lind Avenue SW., (CL–601–3A, CL–601–3R, and CL–604 01, for certain Bombardier, Inc. Model Renton, WA. For information on the Variants) airplanes. The preamble of AD CL–600–2B16 (CL–601–3A, CL–601–3R, availability of this material at the FAA, 2014–20–01 specified that we and CL–604 Variants) airplanes. AD call 425–227–1221. considered the actions an interim action 2014–20–01 currently requires and that we were considering requiring Examining the AD Docket repetitive inspections for any fuel leak ‘‘a replacement of the connector of the in the right-hand landing lights You may examine the AD docket on fuel boost pump canister of the APU, compartment, and related investigative the Internet at http:// and applicable corrective actions, which and corrective actions if necessary. AD www.regulations.gov by searching for would constitute terminating action for 2014–20–01 also provides for an and locating Docket No. FAA–2015– the repetitive inspections required by optional replacement of the connector of 3634; or in person at the Docket this AD action.’’ the fuel boost pump canister of the Management Facility between 9 a.m. Since we issued AD 2014–20–01, auxiliary power unit (APU), which and 5 p.m., Monday through Friday, Amendment 39–17974 (79 FR 59640, terminates the repetitive inspections. except Federal holidays. The AD docket October 3, 2014), we have determined Since we issued AD 2014–20–01, we contains this proposed AD, the that further rulemaking is indeed have determined that a terminating regulatory evaluation, any comments necessary; this proposed AD follows action for the repetitive inspections is received, and other information. The from that determination. necessary. This proposed AD would street address for the Docket Operations Transport Canada Civil Aviation retain the repetitive inspections for any office (telephone 800–647–5527) is in (TCCA), which is the aviation authority fuel leak in the right-hand landing lights the ADDRESSES section. Comments will for Canada, has issued Canadian compartment and the related be available in the AD docket shortly Airworthiness Directive CF–2014–21, investigative and corrective actions, and after receipt. dated July 10, 2014 (referred to after this would require replacing the connector FOR FURTHER INFORMATION CONTACT: as the Mandatory Continuing of the fuel boost pump canister of the Assata Dessaline, Aerospace Engineer, Airworthiness Information, or ‘‘the APU. We are proposing this AD to Avionics and Services Branch, ANE– MCAI’’), to correct an unsafe condition detect and correct fuel leaks in the right- 172, FAA, New York Aircraft for certain Bombardier, Inc. Model CL– hand landing lights compartment, Certification Office (ACO), 1600 Stewart 600–2B16 (CL–601–3A, CL–601–3R, and which, in combination with the heat Avenue, Suite 410, Westbury, NY CL–604 Variants) airplanes. The MCAI generated by the taxi lights and landing 11590; telephone 516–228–7301; fax states: lights on the ground reaching the auto- 516–794–5531. Bombardier, Inc. has discovered fuel ignition temperature of the fuel, could SUPPLEMENTARY INFORMATION: leakage in the auxiliary power unit (APU) result in ignition of any fuel or fumes fuel Boost Pump (BP) canister connector present in the right-hand landing lights Comments Invited cavity. On some of those aeroplanes, leakage was also noticed at the APU fuel BP electrical compartment. We invite you to send any written conduit connection in the right hand landing DATES: We must receive comments on relevant data, views, or arguments about light compartment. The root cause of the this proposed AD by November 9, 2015. this proposed AD. Send your comments subject fuel leak is identified to be the
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improper length of the female connector Costs of Compliance 1. Is not a ‘‘significant regulatory keyway located in the fuel BP canister, We estimate that this proposed AD action’’ under Executive Order 12866; causing a shift of the electrical harness and affects 92 airplanes of U.S. registry. 2. Is not a ‘‘significant rule’’ under the its seals. The actions required by AD 2014–20– DOT Regulatory Policies and Procedures Available data indicates that on a hot day, (44 FR 11034, February 26, 1979). due to the heat generated by the taxi light 01, Amendment 39–17974 (79 FR 59640, October 3, 2014), and retained in 3. Will not affect intrastate aviation in and/or landing lights on the ground, Alaska; and temperature in the landing light this proposed AD take about 2 work- hours per product, at an average labor 4. Will not have a significant compartment can reach the fuel auto ignition economic impact, positive or negative, temperature. Therefore, presence of any fuel rate of $85 per work-hour. Required parts cost $0 per product. Based on on a substantial number of small entities in the right hand landing light compartment under the criteria of the Regulatory is considered to be a safety hazard [fuel or these figures, the estimated cost of the Flexibility Act. fumes present in the right-side landing lights actions that are required by AD 2014– compartment might ignite] that warrants 20–01 is $170 per product. List of Subjects in 14 CFR Part 39 mitigating action. We also estimate that it would take Air transportation, Aircraft, Aviation In order to help mitigate the potential about 22 work-hours per product to safety, Incorporation by reference, safety hazard precipitated by any fuel leakage comply with the basic requirements of Safety. in the right hand landing light compartment, this proposed AD. The average labor Bombardier, Inc., has revised the Aircraft rate is $85 per work-hour. Required The Proposed Amendment Flight Manual (AFM) through Temporary parts would cost $0 per product. Based Revisions (TRs) 604/38 and 605/20 dated 16 Accordingly, under the authority on these figures, we estimate the cost of delegated to me by the Administrator, June 2014 to restrict the operation of Taxi this proposed AD on U.S. operators to and Landing lights on the ground. Transport the FAA proposes to amend 14 CFR part be $172,040, or $1,870 per product. 39 as follows: Canada issued Emergency [Canadian] AD According to the manufacturer, some CF–2014–17 [(http://ad.easa.europa.eu/ad/ of the costs of this proposed AD may be PART 39—AIRWORTHINESS CF-2014-17) which corresponds to FAA AD covered under warranty, thereby 2014–15–17, Amendment 39–17919 (79 FR DIRECTIVES reducing the cost impact on affected 44268, July 31, 2014] to mandate ■ incorporation of the above AFM TRs. individuals. We do not control warranty 1. The authority citation for part 39 To address the root cause of the subject coverage for affected individuals. As a continues to read as follows: fuel leakage from the APU fuel boost pump result, we have included all costs in our Authority: 49 U.S.C. 106(g), 40113, 44701. canister wiring conduit, Bombardier, Inc. cost estimate. § 39.13 [Amended] issued Alert Service Bulletin (ASB) A605– Authority for This Rulemaking 28–008 that requires periodic [repetitive ■ 2. The FAA amends § 39.13 by general visual] inspection[s] for fuel leaks Title 49 of the United States Code removing Airworthiness Directive (AD) and [applicable related investigative and specifies the FAA’s authority to issue 2014–20–01, Amendment 39–17974 (79 corrective actions and] eventual the rules on aviation safety. Subtitle I, FR 59640, October 3, 2014), and adding replacement of the discrepant fuel BP section 106, describes the authority of the following new AD: canister connectors [including related the FAA Administrator. ‘‘Subtitle VII: investigative and corrective actions] on Aviation Programs,’’ describes in more Bombardier, Inc.: Docket No. FAA–2015– 3634; Directorate Identifier 2014–NM– affected aeroplanes. The ASB has been detail the scope of the Agency’s 203–AD. revised to include an additional inspection of authority. the new connector wiring for damage and We are issuing this rulemaking under (a) Comments Due Date this [Canadian] AD is issued to mandate the the authority described in ‘‘Subtitle VII, We must receive comments by November compliance with ASB A605–28–008 Revision Part A, Subpart III, Section 44701: 9, 2015. 2 requirements. General requirements.’’ Under that (b) Affected ADs section, Congress charges the FAA with We also included compliance times for promoting safe flight of civil aircraft in This AD replaces AD 2014–20–01, the terminating action. You may Amendment 39–17974 (79 FR 59640, October air commerce by prescribing regulations examine the MCAI in the AD docket on 3, 2014). for practices, methods, and procedures the Internet at http:// the Administrator finds necessary for (c) Applicability www.regulations.gov by searching for safety in air commerce. This regulation This AD applies to Bombardier, Inc. Model and locating Docket No. FAA–2015– is within the scope of that authority CL–600–2B16 (CL–601–3A, CL–601–3R, and 3634. because it addresses an unsafe condition CL–604 Variants) airplanes, certificated in FAA’s Determination and Requirements that is likely to exist or develop on any category, serial numbers 5906, 5910, of This Proposed AD products identified in this rulemaking 5912, 5917, 5919 through 5932 inclusive, 5934, 5935, 5939, 5940, 5942, and 5948. action. This product has been approved by (d) Subject Regulatory Findings the aviation authority of another Air Transport Association (ATA) of country, and is approved for operation We determined that this proposed AD America Code 28, Fuel. in the United States. Pursuant to our would not have federalism implications bilateral agreement with the State of under Executive Order 13132. This (e) Reason Design Authority, we have been notified proposed AD would not have a This AD was prompted by a report of fuel of the unsafe condition described in the substantial direct effect on the States, on leaks in the auxiliary power unit (APU) fuel MCAI and service information the relationship between the national boost pump canister connector cavity and in referenced above. We are proposing this Government and the States, or on the the right-hand landing lights compartment from the APU fuel boost pump electrical AD because we evaluated all pertinent distribution of power and conduit connection and by a determination information and determined an unsafe responsibilities among the various that terminating action for the repetitive condition exists and is likely to exist or levels of government. inspections is necessary. We are issuing this develop on other products of the same For the reasons discussed above, I AD to detect and correct fuel leaks in the type design. certify this proposed regulation: right-hand landing lights compartment,
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which, in combination with the heat Instructions of Bombardier Alert Service (2) Contacting the Manufacturer: As of the generated by the taxi lights and landing lights Bulletin A605–28–008, Revision 02, dated effective date of this AD, for any requirement on the ground reaching the auto-ignition July 9, 2014. in this AD to obtain corrective actions from temperature of the fuel, could result in a manufacturer, the action must be (j) New Requirement: Terminating Action— ignition of any fuel or fumes present in the accomplished using a method approved by Replacement of Connector right-hand landing lights compartment. the Manager, New York ACO, ANE–170, Within 5 months, or 150 flight hours after FAA; or TCCA; or Bombardier, Inc.’s TCCA (f) Compliance the effective date of this AD, replace the DAO. If approved by the DAO, the approval Comply with this AD within the connector of the fuel boost pump canister of must include the DAO-authorized signature. compliance times specified, unless already the APU and do all applicable related done. investigative actions, in accordance with Part (m) Related Information B of the Accomplishment Instructions of (1) Refer to Mandatory Continuing (g) Retained Repetitive Inspections for Fuel Bombardier Alert Service Bulletin A605–28– Airworthiness Information (MCAI) Canadian Leaks With No Changes 008, Revision 02, dated July 9, 2014. Airworthiness Directive CF–2014–21, dated This paragraph restates the requirements of Accomplishing this replacement terminates July 10, 2014, for related information. This paragraph (g) of AD 2014–20–01, the repetitive actions required by paragraph MCAI may be found in the AD docket on the Amendment 39–17974 (79 FR 59640, October (g) of this AD provided that the following Internet at http://www.regulations.gov by 3, 2014) with no changes. Within 25 flight actions are done, as applicable. searching for and locating Docket No. FAA– hours after October 20, 2014, (the effective (1) If any damage (cuts) is found on the 2015–3634. date of AD 2014–20–01): Do a general visual wires, before further flight, replace the wire (2) For service information identified in inspection for any fuel leak in the right-hand with a new wire identified in kit 605K28– this AD, contact Bombardier, Inc., 400 Coˆte- landing lights compartment, and do all 008A, in accordance with the Vertu Road West, Dorval, Que´bec H4S 1Y9, applicable related investigative and Accomplishment Instructions of Bombardier Canada; telephone 514–855–5000; fax 514– corrective actions, in accordance with Part A Alert Service Bulletin A605–28–008, 855–7401; email thd.crj@ of the Accomplishment Instructions of Revision 02, dated July 9, 2014. aero.bombardier.com; Internet http:// Bombardier Alert Service Bulletin A605–28– (2) If any damage is found on an O-ring, www.bombardier.com. You may view this 008, Revision 02, dated July 9, 2014, except before further flight, replace the O-ring with service information at the FAA, Transport as required by paragraph (h) of this AD. Do a new O-ring, in accordance with the Airplane Directorate, 1601 Lind Avenue SW., all applicable related investigative and Accomplishment Instructions of Bombardier Renton, WA. For information on the corrective actions before further flight. Alert Service Bulletin A605–28–008, availability of this material at the FAA, call Repeat the inspection thereafter at intervals Revision 02, dated July 9, 2014. 425–227–1221. not to exceed 8 flight hours until the (3) If any fuel leak is found, before further replacement specified in paragraph (j) of this flight, do corrective actions using a method Issued in Renton, Washington, on AD has been accomplished. approved by the Manager, New York ACO, September 15, 2015. ANE–170, FAA; or TCCA; or Bombardier, Michael Kaszycki, (h) Retained Corrective Action if Fuel Leak Inc.’s TCCA DAO. If approved by the DAO, Is Found During Related Investigative Acting Manager, Transport Airplane the approval must include the DAO- Directorate, Aircraft Certification Service. Actions With No Changes authorized signature. This paragraph restates the requirements of [FR Doc. 2015–24020 Filed 9–23–15; 8:45 am] paragraph (h) of AD 2014–20–01, (k) Retained Credit for Previous Actions BILLING CODE 4910–13–P Amendment 39–17974 (79 FR 59640, October With a Redesignated Paragraph 3, 2014) with no changes. If any fuel leak is This paragraph restates paragraph (k) of AD found during the related investigative actions 2014–20–01, Amendment 39–17974 (79 FR DEPARTMENT OF TRANSPORTATION required by paragraph (g) of this AD: Before 59640, October 3, 2014) with a redesignated further flight, do the terminating action paragraph. This paragraph provides credit for Federal Aviation Administration specified in paragraph (j) of this AD, or do actions required by paragraph (j) of this AD, corrective actions using a method approved if those actions were performed before 14 CFR Part 39 by the Manager, New York Aircraft October 20, 2014, (the effective date of AD Certification Office (ACO), ANE–170, FAA; 2014–20–01, Amendment 39–17974 (79 FR [Docket No. FAA–2015–3629; Directorate or Transport Canada Civil Aviation (TCCA); 59640, October 3, 2014) using Bombardier Identifier 2015–NM–011–AD] or Bombardier, Inc.’s TCCA Design Approval Alert Service Bulletin A605–28–008, Organization (DAO). If approved by the DAO, Revision 01, dated May 28, 2014, which is RIN 2120–AA64 the approval must include the DAO- not incorporated by reference in this AD. authorized signature. Airworthiness Directives; Dassault (l) Other FAA AD Provisions Aviation Airplanes (i) Retained Inspection of Connector Wiring The following provisions also apply to this With No Changes AD: AGENCY: Federal Aviation This paragraph restates the requirements of (1) Alternative Methods of Compliance Administration (FAA), DOT. paragraph (j) of AD 2014–20–01, Amendment (AMOCs): The Manager, New York ACO, ACTION: Notice of proposed rulemaking 39–17974 (79 FR 59640, October 3, 2014) ANE–170, FAA, has the authority to approve (NPRM). with no changes. For airplanes having new AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In connectors installed, in accordance with Part SUMMARY: We propose to adopt a new B of the Accomplishment Instructions of accordance with 14 CFR 39.19, send your Bombardier Alert Service Bulletin A605–28– request to your principal inspector or local airworthiness directive (AD) for certain 008, dated April 21, 2014: Within 6 months Flight Standards District Office, as Dassault Aviation Model MYSTERE– or 150 flight hours after October 20, 2014, appropriate. If sending information directly FALCON 50, MYSTERE–FALCON 900, (the effective date of AD 2014–20–01), to the ACO, send it to ATTN: Program FALCON 900EX, FALCON 2000, and whichever occurs first, do a detailed Manager, Continuing Operational Safety, FALCON 2000EX airplanes. This inspection for damage (cuts) of the connector FAA, New York ACO, 1600 Stewart Avenue, proposed AD was prompted by a report wiring, in accordance with Part B of the Suite 410, Westbury, NY 11590; telephone of an in-flight lightning strike to the Accomplishment Instructions of Bombardier 516–228–7300; fax 516–794–5531. Before WHELEN anti-collision light located on Alert Service Bulletin A605–28–008, using any approved AMOC, notify your Revision 02, dated July 9, 2014. If any appropriate principal inspector, or lacking a the top of the vertical fin tip that caused damage (cuts) is found on the wires, before principal inspector, the manager of the local severe damage and induced the loss of further flight, replace the wire with a new flight standards district office/certificate some airplane functions. This proposed wire identified in kit 605K28–008A, in holding district office. The AMOC approval AD would require modification of the accordance with the Accomplishment letter must specifically reference this AD. anti-collision light bonding. We are
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proposing this AD to prevent loss of to an address listed under the and locating Docket No. FAA–2015– electrical power and essential functions, ADDRESSES section. Include ‘‘Docket No. 3629. and possible reduced control of the FAA–2015–3629; Directorate Identifier Related Service Information Under 1 airplane. 2015–NM–011–AD’’ at the beginning of CFR Part 51 DATES: We must receive comments on your comments. We specifically invite We reviewed the following Dassault this proposed AD by November 9, 2015. comments on the overall regulatory, economic, environmental, and energy Aviation service information: ADDRESSES: You may send comments, aspects of this proposed AD. We will • Dassault Service Bulletin F50–481, using the procedures found in 14 CFR consider all comments received by the dated August 22, 2007. 11.43 and 11.45, by any of the following closing date and may amend this • Dassault Service Bulletin F900–372, methods: dated August 22, 2007. Federal eRulemaking Portal: Go to proposed AD based on those comments. We will post all comments we • Dassault Service Bulletin F900–378, http://www.regulations.gov. Follow the receive, without change, to http:// dated September 19, 2007. instructions for submitting comments. • Dassault Service Bulletin F900EX– Fax: 202–493–2251. www.regulations.gov, including any personal information you provide. We 285, dated July 18, 2007. Mail: U.S. Department of • Dassault Service Bulletin F900EX– Transportation, Docket Operations, M– will also post a report summarizing each substantive verbal contact we receive 305, dated September 19, 2007. 30, West Building Ground Floor, Room • about this proposed AD. Dassault Service Bulletin F2000– W12–140, 1200 New Jersey Avenue SE., 337, dated July 25, 2007. Washington, DC 20590. Discussion • Dassault Service Bulletin F2000EX– Hand Delivery: U.S. Department of The European Aviation Safety Agency 108, dated July 25, 2007. Transportation, Docket Operations, M– (EASA), which is the Technical Agent The service information describes 30, West Building Ground Floor, Room for the Member States of the European procedures to correct the electrical W12–140, 1200 New Jersey Avenue SE., Union, has issued EASA Airworthiness bonding of the WHELEN anti-collision Washington, DC, between 9 a.m. and 5 Directive 2015–0006, dated January 15, light located at the vertical fin tip of the p.m., Monday through Friday, except 2015 (referred to after this as the airplane. This service information is Federal holidays. Mandatory Continuing Airworthiness reasonably available because the For service information identified in Information, or ‘‘the MCAI’’), to correct interested parties have access to it this proposed AD, contact Dassault an unsafe condition for certain Dassault through their normal course of business Falcon Jet, P.O. Box 2000, South Aviation Model MYSTERE–FALCON or by the means identified in the Hackensack, NJ 07606; telephone 201– 50, MYSTERE–FALCON 900, FALCON ADDRESSES section of this NPRM. 440–6700; Internet http:// 900EX, FALCON 2000, and FALCON www.dassaultfalcon.com. You may FAA’s Determination and Requirements 2000EX airplanes. The MCAI states: view this referenced service information of This Proposed AD at the FAA, Transport Airplane An occurrence was reported where a Falcon 2000 aeroplane experienced an in- This product has been approved by Directorate, 1601 Lind Avenue SW., the aviation authority of another Renton, WA. For information on the flight lightning strike, which caused severe damage and induced the loss of some country, and is approved for operation availability of this material at the FAA, aeroplane functions. The investigation results in the United States. Pursuant to our call 425–227–1221. revealed that the entering point of the bilateral agreement with the State of Examining the AD Docket lightning was at the WHELEN anti-collision Design Authority, we have been notified light located on the top of the vertical fin tip. of the unsafe condition described in the You may examine the AD docket on When the lightning strike hit the anti- MCAI and service information the Internet at http:// collision light, an electric arc occurred between the aeroplane structure and the anti- referenced above. We are proposing this www.regulations.gov by searching for AD because we evaluated all pertinent and locating Docket No. FAA–2015– collision light and created a conductive path by which the lightning current entered inside information and determined an unsafe 3629; or in person at the Docket the aeroplane. Further analysis has condition exists and is likely to exist or Management Facility between 9 a.m. determined that the electrical bonding develop on other products of the same and 5 p.m., Monday through Friday, between the WHELEN anti-collision light, type designs. except Federal holidays. The AD docket Part Number (P/N) 01–0790044–09, and the contains this proposed AD, the fin tip fairing or the No. 2 engine air intake Costs of Compliance regulatory evaluation, any comments cover is insufficient to withstand a lightning strike. We estimate that this proposed AD received, and other information. The affects 778 airplanes of U.S. registry. street address for the Docket Operations In case of severe lightning, this condition, if not corrected, could lead to an unsafe We also estimate that it would take office (telephone 800–647–5527) is in condition (loss of electrical power and/or of about 12 work-hours per product to the ADDRESSES section. Comments will essential functions) possibly resulting in comply with the basic requirements of be available in the AD docket shortly reduced control of the aeroplane. this proposed AD. The average labor after receipt. To address this potential unsafe condition, rate is $85 per work-hour. Required FOR FURTHER INFORMATION CONTACT: Tom Dassault Aviation developed a modification parts would cost about $801 per Rodriguez, Aerospace Engineer, ANM (mod) to improve the WHELEN anti-collision light bonding when the anti-collision light is product. Based on these figures, we 116, Transport Airplane Directorate, located on top of the vertical fin tip or on No. estimate the cost of this proposed AD on FAA, 1601 Lind Avenue SW., Renton, 2 engine air intake cover, and issued several U.S. operators to be $1,416,738, or WA 98057–3356; telephone 425–227– Service Bulletins (SB) to modify all affected $1,821 per product. 1137; fax 425–227–1139. aeroplanes in service. Authority for This Rulemaking SUPPLEMENTARY INFORMATION: For the reasons described above, this [EASA] AD requires modification of the anti- Title 49 of the United States Code Comments Invited collision light bonding. specifies the FAA’s authority to issue We invite you to send any written You may examine the MCAI in the rules on aviation safety. Subtitle I, relevant data, views, or arguments about AD docket on the Internet at http:// section 106, describes the authority of this proposed AD. Send your comments www.regulations.gov by searching for the FAA Administrator. ‘‘Subtitle VII:
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Aviation Programs,’’ describes in more distribution of power and PART 39—AIRWORTHINESS detail the scope of the Agency’s responsibilities among the various DIRECTIVES authority. levels of government. We are issuing this rulemaking under For the reasons discussed above, I ■ 1. The authority citation for part 39 the authority described in ‘‘Subtitle VII, certify this proposed regulation: continues to read as follows: Part A, Subpart III, Section 44701: 1. Is not a ‘‘significant regulatory Authority: 49 U.S.C. 106(g), 40113, 44701. General requirements.’’ Under that action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the section, Congress charges the FAA with § 39.13 [Amended] promoting safe flight of civil aircraft in DOT Regulatory Policies and Procedures ■ air commerce by prescribing regulations (44 FR 11034, February 26, 1979); 2. The FAA amends § 39.13 by adding 3. Will not affect intrastate aviation in for practices, methods, and procedures the following new airworthiness Alaska; and directive (AD): the Administrator finds necessary for 4. Will not have a significant safety in air commerce. This regulation economic impact, positive or negative, Dassault Aviation: Docket No. FAA–2015– is within the scope of that authority on a substantial number of small entities 3629; Directorate Identifier 2015–NM– because it addresses an unsafe condition under the criteria of the Regulatory 011–AD. that is likely to exist or develop on Flexibility Act. (a) Comments Due Date products identified in this rulemaking action. List of Subjects in 14 CFR Part 39 We must receive comments by November 9, 2015. Regulatory Findings Air transportation, Aircraft, Aviation safety, Incorporation by reference, (b) Affected ADs We determined that this proposed AD Safety. None. would not have federalism implications under Executive Order 13132. This The Proposed Amendment (c) Applicability proposed AD would not have a Accordingly, under the authority This AD applies to Dassault Aviation substantial direct effect on the States, on delegated to me by the Administrator, airplanes, certificated in any category, the relationship between the national the FAA proposes to amend 14 CFR part identified in table 1 to paragraph (c) of this Government and the States, or on the 39 as follows: AD.
TABLE 1 TO PARAGRAPH (c) OF THIS AD—APPLICABILITY
Except airplanes modified through 1 Airplanes Configuration Dassault Mod embodied in Service Bulletin in service production
Dassault Aviation Model M1853 is embodied in production or in service through M2083 or Dassault Service Bulletin MYSTERE–FALCON 50 air- Dassault Service Bulletin F50–241–R2, dated February 9, M3094 2. F50–257–R1, dated July planes. 2000. 11, 2001. Dassault Aviation Model Group 1: M1682 is embodied in production or in service M5381 ...... Not Applicable. MYSTERE–FALCON 900 through Dassault Service Bulletin F900–182, dated No- airplanes. vember 5, 1997 3. Dassault Aviation Model Group 2: M1682 is embodied in production or in service M5386 ...... Not Applicable. MYSTERE–FALCON 900 through Dassault Service Bulletin F900–182, dated No- airplanes. vember 5, 1997, and Mod M1947 is embodied in produc- tion or in service through Dassault Service Bulletin F900– 176–R1, dated November 14, 2001 4. Dassault Aviation Model FAL- Group 1: M1682 is embodied in production or in service M5381 ...... Not Applicable. CON 900EX airplanes. through Dassault Service Bulletin F900EX–025, dated May 27, 1998. Dassault Aviation Model FAL- Group 2: M1682 is embodied in production or in service M5103 or Not Applicable. CON 900EX airplanes. through Dassault Service Bulletin F900EX–025, dated M5386. May 27, 1998, and Mod M1947 is embodied in production or in service through Dassault Service Bulletin F900EX– 19–R1, dated November 14, 2001. Dassault Aviation Model FAL- M331 is embodied in production or in service through M810 or M1061 Dassault Service Bulletin CON 2000 airplanes. Dassault Service Bulletin F2000–44, dated December 9, or M2778. F2000–111, dated October 1998. 28, 1998. Dassault Aviation Model FAL- M1802 is embodied in production ...... M810 or M1061 Not Applicable. CON 2000EX airplanes. or M2778. 1 The excluded airplanes as specified in the Table 1 to Paragraph (c) of this AD—Applicability, embody either one Mod in production or one service bulletin in service, as applicable. 2 Mod M2083, Service Bulletin F50–257, Mod M1947, Service Bulletin F900–176, Service Bulletin F900EX–19, Mod M5103, as applicable, in- troduce fin tip SATCOM fairing, in production or in service. 3 Group 1: Airplanes with WHELEN anti-collision light located on top of vertical fin tip. 4 Group 2: Airplanes with WHELEN anti-collision light located on top of air intake engine No. 2.
(d) Subject (e) Reason vertical fin tip of a Falcon 2000 airplane that Air Transport Association (ATA) of This AD was prompted by a report of an caused severe damage and induced the loss America Code 33, Lights. in-flight lightning strike to the WHELEN anti- of some airplane functions. We are issuing collision light located on the top of the this AD to prevent loss of electrical power
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and/or of essential functions, and possible the DOA, the approval must include the Rockville, MD 20852. Comments reduced control of the airplane. DOA-authorized signature. received, including any personal (f) Compliance (i) Related Information information, will be posted without Comply with this AD within the (1) Refer to Mandatory Continuing change to www.regulations.gov. compliance times specified, unless already Airworthiness Information (MCAI) European FOR FURTHER INFORMATION CONTACT: done. Aviation Safety Agency Airworthiness Hope E.J. Nesteruk, Human Factors Directive 2015–0006, dated January 15, 2015, (g) Modification Engineer, Division of Human Factors, for related information. This MCAI may be Directorate for Engineering Sciences, Within 24 months after the effective date found in the AD docket on the Internet at of this AD, modify the anti-collision light Consumer Product Safety Commission, http://www.regulations.gov by searching for 5 Research Place, Rockville, MD 20850; bonding, in accordance with the and locating Docket No. FAA–2015–3629. Accomplishment Instructions of the (2) For service information identified in telephone: 301–987–2579; email: applicable service information specified in this AD, contact Dassault Falcon Jet, P.O. Box [email protected]. paragraphs (g)(1) through (g)(7) of this AD. 2000, South Hackensack, NJ 07606; SUPPLEMENTARY INFORMATION: (1) For Model MYSTERE–FALCON 50 telephone 201–440–6700; Internet http:// airplanes: Dassault Service Bulletin F50–481, www.dassaultfalcon.com. You may view this I. Background dated August 22, 2007. service information at the FAA, Transport On June 18, 1991, the Department of (2) For Model MYSTERE–FALCON 900 Airplane Directorate, 1601 Lind Avenue SW., airplanes with the WHELEN system installed Health and Human Services (‘‘HHS’’) Renton, WA. For information on the issued a rule setting forth the Common on the fin tip: Dassault Service Bulletin availability of this material at the FAA, call F900–372, dated August 22, 2007. 425–227–1221. Rule requirements for the protection of (3) For Model MYSTERE–FALCON 900 human subjects. (56 FR 28003). The airplanes with the WHELEN system installed Issued in Renton, Washington, on HHS regulations are codified at 45 CFR on the S-duct cowl: Dassault Service Bulletin September 2, 2015. part 46. At that time, 14 other agencies, F900–378, dated September 19, 2007. Michael Kaszycki, including the CPSC, joined HHS in (4) For Model FALCON 900EX airplanes Acting Manager, Transport Airplane adopting a uniform set of rules for the with the WHELEN system installed on the fin Directorate, Aircraft Certification Service. tip: Dassault Service Bulletin F900EX–285, protection of human subjects identical dated July 18, 2007. [FR Doc. 2015–22803 Filed 9–23–15; 8:45 am] to subpart A of 45 CFR part 46. The (5) For Model FALCON 900EX airplanes BILLING CODE 4910–13–P Common Rule is codified in the CPSC’s with the WHELEN system installed on the S- regulations at 16 CFR part 1028. The duct cowl: Dassault Service Bulletin basic provisions of the Common Rule F900EX–305, dated September 19, 2007. CONSUMER PRODUCT SAFETY include, among other things, (6) For Model FALCON 2000 airplanes: COMMISSION requirements related to the review of Dassault Service Bulletin F2000–337, dated human subjects research by an July 25, 2007. 16 CFR Part 1028 (7) For Model FALCON 2000EX airplanes: institutional review board, obtaining and documenting informed consent of Dassault Service Bulletin F2000EX–108, Protection of Human Subjects dated July 25, 2007. human subjects, and submitting a AGENCY: written assurance of institutional (h) Other FAA AD Provisions Consumer Product Safety Commission. compliance with the Common Rule. The following provisions also apply to this ACTION: Proposed rule. On September 8, 2015, (80 FR 53933), AD: HHS, on behalf of many of the same (1) Alternative Methods of Compliance SUMMARY: On September 8, 2015, the (AMOCs): The Manager, International agencies that were signatories to the Branch, ANM–116, Transport Airplane federal departments and agencies that original Common Rule, proposed Directorate, FAA, has the authority to are subject to the Federal Policy for the revisions to modernize, strengthen, and approve AMOCs for this AD, if requested Protection of Human Subjects (referred make more effective the Federal Policy using the procedures found in 14 CFR 39.19. to as the ‘‘Common Rule’’) published a for the Protection of Human Subjects In accordance with 14 CFR 39.19, send your notice of proposed rulemaking (‘‘NPR’’) that was promulgated as a Common request to your principal inspector or local amending the Common Rule. Through Rule in 1991. The Common Rule NPR Flight Standards District Office, as this proposed rule, the Consumer seeks comment on proposals to better appropriate. If sending information directly Product Safety Commission (‘‘CPSC’’ or to the International Branch, send it to ATTN: protect human subjects involved in Tom Rodriguez, Aerospace Engineer, ‘‘Commission’’) proposes to adopt the research, while facilitating valuable International Branch, ANM–116, Transport Common Rule NPR and solicits public research and reducing burden, delay, Airplane Directorate, FAA, 1601 Lind comment on the proposal. and ambiguity for investigators. The Avenue SW., Renton, WA 98057–3356; DATES: Comments must be received no participating departments and agencies telephone 425–227–1137; fax 425–227–1139. later than 5 p.m. on December 7, 2015. proposed these revisions to the Information may be emailed to: 9-ANM-116- ADDRESSES: You may submit comments, regulations because they believe these [email protected]. Before using changes would strengthen protections any approved AMOC, notify your appropriate identified by docket ID number HHS– principal inspector, or lacking a principal OPHS–2015–0008, by one of the for research subjects while facilitating inspector, the manager of the local flight following methods: important research. standards district office/certificate holding • Federal eRulemaking Portal: http:// The full description of the proposed district office. The AMOC approval letter www.regulations.gov. Enter the above revisions to the Common Rule is must specifically reference this AD. docket ID number in the ‘‘Enter provided in the Common Rule NPR at (2) Contacting the Manufacturer: For any Keyword or ID’’ field and click on 80 FR 53933. Although the CPSC is a requirement in this AD to obtain corrective ‘‘Search.’’ On the next Web page, click signatory to the original Common Rule, actions from a manufacturer, the action must on ‘‘Submit a Comment’’ action and the CPSC’s procedural requirements be accomplished using a method approved follow the instructions. require Commission deliberation and by the Manager, International Branch, ANM– • 116, Transport Airplane Directorate, FAA; or Mail/Hand delivery/Courier [For vote on new rulemaking matters. Due to the European Aviation Safety Agency paper, disk, or CD–ROM submissions] HHS’s expedited schedule regarding (EASA); or Dassault Aviation’s EASA Design to: Jerry Menikoff, M.D., J.D., OHRP, publication of the Common Rule NPR in Organization Approval (DOA). If approved by 1101 Wootton Parkway, Suite 200, the Federal Register, the CPSC was not
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a signatory of the Common Rule NPR. DEPARTMENT OF ENERGY Commission, 888 First Street NE., However, through this proposed rule, Washington, DC 20426, (301) 665– the Commission proposes to adopt the Federal Energy Regulatory 1608, [email protected]. Common Rule NPR and solicits Commission Kevin Ryan (Legal Information), Office comment on the proposal. of the General Counsel, Federal 18 CFR Part 40 Energy Regulatory Commission, 888 II. CPSC’s Proposed Regulatory Text [Docket No. RM15–8–000] First Street NE., Washington, DC 20426, (202) 502–6840, kevin.ryan@ CPSC’s current regulations on the ferc.gov. protection of human subjects are the Relay Performance During Stable Power Swings Reliability Standard regulations promulgated by all of the SUPPLEMENTARY INFORMATION: departments and agencies subject to the AGENCY: Federal Energy Regulatory 1. Pursuant to section 215 of the Common Rule, as codified under the Commission. Federal Power Act (FPA),1 the CPSC’s regulations at 16 CFR part 1028. ACTION: Notice of proposed rulemaking. Commission proposes to approve For the reasons provided in the Reliability Standard PRC–026–1 (Relay Common Rule NPR (80 FR 53933), the SUMMARY: The Federal Energy Performance During Stable Power CPSC would adopt the amended Regulatory Commission proposes to Swings), submitted by the North regulatory text provided in the Common approve Reliability Standard PRC–026– American Electric Reliability Rule NPR. Because the CPSC follows the 1 (Relay Performance During Stable Corporation (NERC), the Commission- HHS regulations in 45 CFR part 46, Power Swings), submitted by the North approved Electric Reliability subpart A, the CPSC proposes to amend American Electric Reliability Organization (ERO). The proposed the Commission regulations at 16 CFR Corporation. The proposed Reliability Reliability Standard applies to planning part 1028 to cross-reference the HHS Standard is designed to ensure that coordinators, as well as generator applicable entities use protective relay owners and transmission owners that regulations in 45 CFR part 46, subpart systems that can differentiate between apply certain load-responsive protective A. faults and stable power swings. In relays in specific, identified List of Subjects in 16 CFR Part 1028 addition, the Commission requests circumstances, and is designed to comment regarding the potential burden ensure the use of protective relay Human research subjects, Reporting of modifying the applicability of systems that can differentiate between and recordkeeping requirements, proposed Reliability Standard PRC– faults and stable power swings. In Research. 026–1 to include relays with a time addition, the Commission proposes to For the reasons stated in the delay of 15 cycles or greater in instances approve NERC’s proposed where either (1) an element has been preamble, the Consumer Product Safety implementation plan, and the assigned identified by a Planning Coordinator as violation risk factors and violation Commission proposes to revise 16 CFR potentially susceptible to power swings severity levels. part 1028 to read as follows: or (2) an entity becomes aware of a bulk 2. Consistent with directives issued in 2 PART 1028—PROTECTION OF HUMAN electric system element that tripped in Order No. 733, the Commission SUBJECTS response to a stable or unstable power proposes to find that the proposed swing due to the operation of its Reliability Standard addresses Sec. protective relay(s), even if the element undesirable relay operation due to 1028.101 Cross-Reference. was not previously identified by the power swings,3 and provides an equally planning coordinator. effective and efficient alternative to the Authority: 5 U.S.C. 301; 42 U.S.C. 300v– Order No. 733 directive requiring the 1(b). DATES: Comments are due November 23, 2015. use of protective relay systems that can PART 1028—PROTECTION OF HUMAN ADDRESSES: Comments, identified by differentiate between faults and stable SUBJECTS docket number, may be filed in the power swings and, when necessary, following ways: retirement of protective relay systems § 1028.101 Cross-Reference. • Electronic Filing through http:// that cannot meet this requirement.4 www.ferc.gov. Documents created Further, as discussed below, the The provisions set forth at 45 CFR Commission seeks comment regarding part 46, subpart A, concerning the electronically using word processing software should be filed in native the potential burden of modifying the protection of human research subjects, applicability of proposed Reliability apply to all research conducted, applications or print-to-PDF format and not in a scanned format. Standard PRC–026–1 to include relays supported, or otherwise subject to • Mail/Hand Delivery: Those unable with a time delay of 15 cycles or greater regulation by the CPSC. to file electronically may mail or hand- in instances where either (1) an element Dated: September 21, 2015. deliver comments to: Federal Energy has been identified by a Planning Todd A. Stevenson, Regulatory Commission, Secretary of the Coordinator as potentially susceptible to power swings or (2) an entity becomes Secretary, Consumer Product Safety Commission, 888 First Street NE., aware of a bulk electric system element Commission. Washington, DC 20426. that tripped in response to a stable or [FR Doc. 2015–24247 Filed 9–23–15; 8:45 am] Instructions: For detailed instructions on submitting comments and additional BILLING CODE 6355–01–P 1 information on the rulemaking process, 16 U.S.C. 824o (2012). 2 Transmission Relay Loadability Reliability see the Comment Procedures Section of Standard, Order No. 733, 130 FERC ¶ 61,221 this document. (2010), order on reh’g and clarification, Order No. FOR FURTHER INFORMATION CONTACT: 733–A, 134 FERC ¶ 61,127, order on reh’g and clarification, Order No. 733–B, 136 FERC ¶ 61,185 Kenneth Hubona (Technical (2011). Information), Office of Electric 3 Order No. 733, 130 FERC ¶ 61,221 at P 153. Reliability, Federal Energy Regulatory 4 Id. P 150.
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unstable power swing due to the undesirable relay operation due to swings if any changes in system operation of its protective relay(s), even stable power swings.10 impedance occur.’’ 16 if the element was not previously 5. On February 17, 2011, in Order No. 7. According to NERC, the proposed identified by the planning coordinator. 733–A, the Commission denied Reliability Standard is ‘‘directly Depending on the response, the rehearing of Order No. 733 and clarified responsive’’ to the Order No. 733 Commission may direct that NERC that ‘‘[w]e continue to believe that not directive that NERC develop a standard develop modifications to the proposed addressing stable power swings addressing undesirable relay operation Reliability Standard. constitutes a gap in the current due to stable power swings.17 NERC Reliability Standards and must be explains, however, that the proposed I. Background addressed.’’ 11 Therefore, the Reliability Standard ‘‘includes an A. Mandatory Reliability Standards and Commission affirmed the directive that alternative to the Commission’s Order No. 733 Directives NERC develop a Reliability Standard approach to require ‘the use of addressing stable power swings.12 The protective relay systems that can 3. Section 215 of the FPA requires a Commission also clarified that it did not differentiate between faults and stable Commission-certified ERO to develop require a Reliability Standard power swings and, when necessary, mandatory and enforceable Reliability containing an absolute obligation to phases out protective relay systems that 18 Standards, subject to Commission prevent protection relays from operating cannot meet this requirement.’ ’’ review and approval.5 Pursuant to unnecessarily during stable power NERC notes that in Order No. 733–A, section 215 of the FPA, the Commission swings or an across-the-board the Commission clarified that it had not established a process to select and elimination of all zone 3 relays, but only intended ‘‘to prohibit NERC from certify an ERO,6 and subsequently the development of a standard that exercising its technical expertise to certified NERC.7 addresses protection systems that are develop a solution to an identified reliability concern that is equally 4. On March 18, 2010, in Order No. vulnerable to stable power swings (resulting from Category B and Category effective and efficient as the one 733, the Commission approved proposed in Order No. 733.’’ 19 In C contingencies from the NERC Reliability Standard PRC–023–1 support of its alternative solution, NERC Planning Standards in place at that (Transmission Relay Loadability) and states that ‘‘it is generally preferable to time) that will result in inappropriate directed NERC to develop a new emphasize dependability over security tripping.13 In Order No. 733–B, the Reliability Standard that requires the when it is not possible to ensure both Commission denied further clarification use of protective relay systems that can for all possible system conditions’’ and regarding the issue. differentiate between faults and stable avers that ‘‘[p]rohibiting use of certain power swings and, when necessary, B. NERC Petition and Proposed types of relays, such as those protective retirement of protective relay systems Standard PRC–026–1 relay systems that cannot differentiate 8 that cannot meet this requirement. In between faults and stable power swings, Order No. 733, the Commission cited 6. On December 31, 2014, NERC may have unintended negative the findings of both NERC and the U.S.- submitted a petition seeking approval of outcomes for Bulk-Power System Canada Power System Outage Task proposed Reliability Standard PRC– reliability.’’ 20 Force on the causes of the 2003 026–1, as well as the associated 8. Proposed Reliability Standard PRC– Northeast Blackout, explaining that the implementation plan, and violation risk 026–1 has four requirements and two cascade during this event was factors and violation severity levels.14 attachments. NERC explains that accelerated by zone 2 and zone 3 relays NERC avers that proposed Reliability Attachment A ‘‘provides clarity on that continued to operate because these Standard PRC–026–1 satisfies the Order which load-responsive protective relay devices could not distinguish between a No. 733 directive to develop a new functions are applicable’’ under the dynamic, but stable, power swing and standard that requires the use of standard.21 Specifically, Attachment A an actual fault.9 The Commission protective relay systems that can provides that proposed Reliability recognized that addressing stable power differentiate between faults and stable Standard PRC–026–1 applies to: power swings. According to NERC, the swings is a complex issue which any protective functions which could trip impacted the 2003 Blackout, and yet proposed Reliability Standard sets forth instantaneously or with a time delay of less there was no Reliability Standard that requirements that prevent the than 15 cycles on load current (i.e., ‘‘load- addresses the issue; therefore, the unnecessary tripping of bulk electric responsive’’) .... Commission directed NERC to develop system elements in response to stable 15 According to NERC, the 15 cycle time a Reliability Standard to address power swings. NERC further explains delay ‘‘is representative of an expected that the identification of bulk electric power swing having a slow slip rate of 5 16 U.S.C. 824(d) and (e). system elements with protection 0.67 Hertz (Hz) and is the average time 6 Rules Concerning Certification of the Electric systems at-risk of operating as a result that a stable power swing with that slip Reliability Organization; and Procedures for the of a stable or unstable power swing and rate would enter the relays’ Establishment, Approval, and Enforcement of subsequent review by the applicable Electric Reliability Standards, Order No. 672, FERC characteristic, reverse direction, and Stats. & Regs. ¶ 31,204, order on reh’g, Order No. generator owner or transmission owner then exit the characteristic before the 672–A, FERC Stats. & Regs. ¶ 31,212 (2006). ‘‘provides assurance that relays will time delay expired.’’ 22 NERC states that 7 North American Electric Reliability Corp., 116 continue to be secure for stable power FERC ¶ 61,062, order on reh’g and compliance, 117 16 FERC ¶ 61,126 (2006), aff’d sub nom. Alcoa, Inc. Id. 10 v. FERC, 564 F.3d 1342 (D.C. Cir. 2009). Id. P 153. 17 Id. at 23 (citing Order No. 733, 130 FERC ¶ 11 8 Order No. 733, 130 FERC ¶ 61,221 at P 150. Order No. 733–A, 134 FERC ¶ 61,127 at P 104. 61,221 at P 153). 12 18 9 Id. PP 3–4, 130 (citing U.S.-Canada Power Id. Id. (quoting Order No. 733, 130 FERC ¶ 61,221 System Outage Task Force, Final Report on the 13 Id. P 107. at P 162). 19 August 14, 2003 Blackout in the United States and 14 Proposed Reliability Standard PRC–026–1 is Id. at 11 (citing Order No. 733–A, 134 FERC ¶ Canada: Causes and Recommendations, at 80 available on the Commission’s eLibrary document 61,127 at P 11). (2004); and August 14, 2003 Blackout: NERC retrieval system in Docket No. RM15–8–000 and on 20 Id. at 24. Actions to Prevent and Mitigate the Impacts of the NERC Web site, www.nerc.com. 21 Id. at 31. Future Cascading Blackouts, at 13 (2004)). 15 See NERC Petition at 4. 22 Id. at 30.
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the proposed standard does not apply to a corrective action plan for any provided any information on the burden ‘‘functions that are either immune to protective system that does not meet the of including relays with a time delay of power swings, block power swings, or Attachment B criteria. Under the 15 cycles or greater under proposed prevent non-immune protection corrective action plan, a generator Reliability Standard PRC–026–1. We function operation due to supervision of owner or transmission owner is required believe that the lack of this information the function.’’ 23 Attachment B contains to modify the relevant protection system is significant in light of the fact that an the criteria for the evaluation of load- to meet the Attachment B criteria. entity would not be required under the responsive protective relays that are Requirement R4 obligates a generator proposed Reliability Standard to within the scope of proposed Reliability owner or transmission owner to investigate an element identified by a Standard PRC–026–1.24 According to implement a corrective action plan Planning Coordinator as potentially NERC, Attachment B ‘‘will reduce the developed under Requirement R3 and to susceptible to power swings or need for simulation by comparing the update the plan when either the content investigate an element following a load-responsive protective relay to of the plan or associated timetables known power swing trip if the relay(s) specific criteria’’ set forth in Attachment change until the plan has been fully involved have a time delay of 15 cycles B.25 executed. or greater. 9. According to NERC, Requirement 12. NERC proposes an 15. Therefore, we seek comment on R1 of the proposed Reliability Standard implementation plan for PRC–026–1 the potential burden of modifying the requires the planning coordinator to under which Requirement R1 is to applicability of proposed Reliability identify bulk electric system elements become effective 12 months after Standard PRC–026–1 to include relays that meet one or more of four criteria Commission approval, and with a time delay of 15 cycles or greater and subsequently notify, at least once Requirements R2, R3, and R4 become in instances where either (1) an element each calendar year, the respective effective 36 months after Commission has been identified by a Planning generator owners and transmission approval. Coordinator as potentially susceptible to power swings or (2) an entity becomes owners of the identified at-risk II. Discussion elements.26 aware of a bulk electric system element 13. Pursuant to section 215(d)(2) of 10. NERC states that, upon such that tripped in response to a stable or the FPA, we propose to approve notification, Requirement R2 obligates unstable power swing due to the Reliability Standard PRC–026–1 as just, the generator owners and transmission operation of its protective relay(s), even reasonable, not unduly discriminatory owners to determine whether the relays if the element was not previously or preferential, and in the public applied to the identified bulk electric identified by the planning coordinator. interest. We also propose to approve system elements meet the two criteria Depending on the response, the NERC’s proposed implementation plan, Commission may direct that NERC outlined in Attachment B to proposed and the proposed violation risk factors Reliability Standard PRC–026–1. NERC develop modifications to the proposed and violation severity levels. Generally, Reliability Standard. notes that Requirement R2 requires a the proposed Reliability Standard generator owner or transmission owner appears to adequately address the III. Information Collection Statement to conduct the same analysis where the Commission’s directive from Order No. 16. The collection of information entity becomes aware of a bulk electric 733 by helping to prevent the contained in this Notice of Proposed system element that tripped in response unnecessary tripping of bulk electric Rulemaking is subject to review by the to a stable or unstable power swing due system elements in response to stable Office of Management and Budget to the operations of its protective power swings. We propose to accept (OMB) regulations under section relay(s), even if the element was not NERC’s approach as an equally effective 3507(d) of the Paperwork Reduction Act previously identified by the planning and efficient method to achieve the of 1995 (PRA).30 OMB’s regulations coordinator.27 NERC concludes that, reliability goal underlying the require approval of certain based on the ‘‘expected infrequency of Commission’s Order No. 733 directive. informational collection requirements Elements tripping in response to a stable 14. However, we are concerned that imposed by agency rules.31 power swing,’’ the evaluation of NERC’s proposed exclusion of load 17. Upon approval of a collection(s) of elements identified under Requirement responsive relays with a time delay of information, OMB will assign an OMB R1 combined with the evaluation of 15 cycles or greater as proposed in control number and an expiration date. elements identified following a known Attachment A could result in a gap in Respondents subject to the filing power swing trip ‘‘meet[s] the reliability reliability. As mentioned above, requirements of a rule will not be purpose of the proposed Reliability pursuant to Attachment A, the penalized for failing to respond to these Standard and directive in an efficient Reliability Standard applies to ‘‘any collections of information unless the manner without significant burden to protective functions which could trip 28 collections of information display a applicable entities.’’ instantaneously or with a time delay of valid OMB control number. 11. NERC explains that Requirement less than 15 cycles on load current (i.e., 18. We solicit comments on the need R3 requires an applicable generator ‘‘load-responsive’’). . . .’’ NERC for this information, whether the owner or transmission owner to develop provides technical rationale for the less information will have practical utility, than 15 cycle threshold, explaining that the accuracy of the burden estimates, 23 Id. at 31. load-responsive relays set to trip 24 ways to enhance the quality, utility, and See id. at 35–38. instantaneously or with a ‘‘slight time 25 Proposed Reliability Standard PRC–026–1 clarity of the information to be collected (Application Guidelines) at 15. delay’’ are most susceptible to power or retained, and any suggested methods 26 Id. at 32–33. swings.29 Nevertheless, while NERC for minimizing respondents’ burden, 27 NERC Petition at 38. NERC explains that the states that its proposal meets the including the use of automated phrase ‘‘becoming aware’’ is used in Requirement Commission’s directive in an efficient information techniques. Specifically, R2 to ‘‘not overburden entities by requiring a manner without significant burden to determination of whether a power swing was the Commission asks that any revised present for every Element trip’’ due to relay applicable entities, NERC has not operation. Id. 30 44 U.S.C. 3507(d) (2012). 28 Id. at 38–39. 29 See NERC Petition at 29–30. 31 5 CFR 1320.11.
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burden or cost estimates submitted by responsive protective relay does not as a notification provider (e.g. commenters be supported by sufficient meet the Attachment B criteria, the applicable entity) in accordance with detail to understand how the estimates generator owner/transmission owner proposed Reliability Standard PRC– are generated. must develop a corrective action plan. 026–1 will be approximately 1,074 Public Reporting Burden: The Our estimate below regarding the entities registered in the United States Commission proposes to approve number of respondents is based on the as a transmission owner and/or Reliability Standard PRC–026–1. NERC Compliance Registry as of June generator owner. The total number of Proposed Reliability Standard PRC– 26, 2015. According to the NERC unique entities that may be identified as 026–1 will impose new requirements for Compliance Registry, NERC has evidence retention entities (e.g. the notification of particular bulk registered 318 transmission owners, 884 applicable entity) in accordance with electric system elements from planning coordinator to generator owners and generator owners, and 68 planning proposed Reliability Standard PRC– transmissions owners based on given coordinators. However, under NERC’s 026–1 will be approximately 1,092 criteria. Generator owners and compliance registration program, entities registered in the United States transmissions owner will evaluate those entities may be registered for multiple as a transmission owner, generator bulk electric system elements and load- functions, so these numbers incorporate owner and/or planning coordinator. The responsive protective relay(s) according some double counting. The total number Commission estimates the annual to Attachment B criteria and, if a load- of unique entities that may be identified reporting burden and cost as follows: RM15–8–000 [Mandatory reliability standards: reliability standard PRC–026–1]
Annual Total annual Number of number of Total number Average burden hours Cost per respondents responses per of responses burden & cost & total annual respondent respondent per response cost ($)
(1) (2) (1)*(2)=(3) (4) (3)*(4)=(5) (5)÷(1)
Notifications to GO/TO per Requirement R1 ...... 1,074 1 1,074 8 8,592 $845.28 32 $485.28 $521,191 Evidence Retention GO/TO/PC ...... 1,092 1 1,092 12 13,104 $450.00 33 $450.00 $491,400
Total ...... 2,166 ...... 21,696 ...... $1,012,591
Title: FERC–725G3, Mandatory determination that the proposed estimates, should be sent to the Reliability Standards: Reliability requirements of this standard are Commission in this docket and may also Standard PRC–026–1. necessary to implement section 215 of be sent to the Office of Management and Action: Proposed Collection of the FPA. These requirements conform to Budget, Office of Information and Information. the Commission’s plan for efficient Regulatory Affairs [Attention: Desk OMB Control No: To Be Determined. information collection, communication Officer for the Federal Energy Respondents: Business or other for- and management within the energy Regulatory Commission]. For security profit and not-for-profit institutions. industry. The Commission has assured reasons, comments should be sent by Frequency of Responses: One time itself, by means of its internal review, email to OMB at the following email and on-going. that there is specific, objective support address: [email protected]. Necessity of the Information: The for the burden estimates associated with Please reference the docket number of proposed Reliability Standard PRC– the information requirements. this Notice of Proposed Rulemaking 026–1, if adopted, would implement the (Docket No. RM15–8–000) in your Congressional mandate of the Energy 20. Interested persons may obtain Policy Act of 2005 to develop information on the reporting submission. requirements by contacting the Federal mandatory and enforceable Reliability IV. Regulatory Flexibility Act Analysis Standards to better ensure the reliability Energy Regulatory Commission, Office of the nation’s Bulk-Power System. of the Executive Director, 888 First 22. The Regulatory Flexibility Act of Specifically, the proposal would Street NE., Washington, DC 20426 1980 (RFA) 34 generally requires a address undesirable relay operation due [Attention: Ellen Brown, email: description and analysis of this NOPR to power swings. [email protected], phone: (202) that will have significant economic 19. Internal review: The Commission 502–8663, fax: (202) 273–0873]. impact on a substantial number of small has reviewed the requirements 21. Comments concerning the entities. Proposed Reliability Standard pertaining to the proposed Reliability information collections proposed in this PRC–026–1 sets forth requirements that Standard PRC–026–1 and made a NOPR and the associated burden prevent the unnecessary tripping of bulk
32 The estimates for cost per response are derived plus benefits) is: $37.50 for information and record 33 The average hourly cost (salary plus benefits) using the following formula: clerks (occupation code 43–4199), $78.04 for a is $37.50. The BLS wage category code is 34–4199. Average Burden Hours per Response * $60.66 per manager (occupation code 11–0000), and $66.45 for This figure is also taken from the Bureau of Labor Hour = Average Cost per Response. The hourly an electrical engineer (occupation code 17–2071). Statistics, May 2014 figures at http://www.bls.gov/ average of $60.66 assumes equal time is spent by (The figures are taken from the Bureau of Labor oes/current/naics2_22.htm. the manager, electrical engineer, and information Statistics, May 2014 figures at http://www.bls.gov/ 34 and record clerk. The average hourly cost (salary oes/current/naics2_22.htm). 5 U.S.C. 601–12.
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electric system elements in response to actions proposed herein fall within this during normal business hours from the stable power swings. As shown in the categorical exclusion in the Commission’s Online Support at 202– information collection section, an Commission’s regulations. 502–6652 (toll free at 1–866–208–3676) estimated 1,092 entities are expected to or email at [email protected], VI. Comment Procedures evaluate bulk electric system elements or the Public Reference Room at (202) and load-responsive protective relay(s) 26. The Commission invites interested 502–8371, TTY (202) 502–8659. Email according to Attachment B criteria of persons to submit comments on the the Public Reference Room at proposed PRC–026–1. Comparison of matters and issues proposed in this [email protected]. notice to be adopted, including any the applicable entities with the By direction of the Commission. Commission’s small business data related matters or alternative proposals Issued: September 17, 2015. indicates that approximately 661 are that commenters may wish to discuss. small entities 35 or 60.53 percent of the Comments are due November 23, 2015. Nathaniel J. Davis, Sr., respondents affected by proposed Comments must refer to Docket No. Deputy Secretary. Reliability Standard PRC–026–1. RM15–8–000, and must include the [FR Doc. 2015–24279 Filed 9–23–15; 8:45 am] 23. As discussed above, proposed commenter’s name, the organization BILLING CODE 6717–01–P Reliability Standard PRC–026–1 will they represent, if applicable, and serve to enhance reliability by imposing address. mandatory requirements governing 27. The Commission encourages INTERNATIONAL TRADE generator relay loadability, thereby comments to be filed electronically via COMMISSION reducing the likelihood of premature or the eFiling link on the Commission’s unnecessary tripping of generators Web site at http://www.ferc.gov. The 19 CFR Parts 201 and 210 during system disturbances. The Commission accepts most standard Commission estimates that each of the word processing formats. Documents Rules of General Application, small entities to whom the proposed created electronically using word Adjudication and Enforcement Reliability Standard PRC–026–1 applies processing software should be filed in AGENCY: International Trade will incur paperwork and record native applications or print-to-PDF Commission. retention costs of $935.28 per entity format and not in a scanned format. ACTION: Notice of proposed rulemaking. (annual ongoing). Commenters filing electronically do not 24. The Commission does not need to make a paper filing. SUMMARY: The United States consider the estimated costs per small 28. Commenters that are not able to International Trade Commission entity to have a significant economic file comments electronically must send (‘‘Commission’’) proposes to amend its impact on a substantial number of small an original of their comments to: Rules of Practice and Procedure entities. Accordingly, the Commission Federal Energy Regulatory Commission, concerning rules of general application, certifies that proposed Reliability Secretary of the Commission, 888 First adjudication, and enforcement. The Standard PRC–026–1 will not have a Street NE., Washington, DC 20426. amendments are necessary to make significant economic impact on a 29. All comments will be placed in certain technical corrections, to clarify substantial number of small entities. the Commission’s public files and may certain provisions, to harmonize The Commission seeks comment on this be viewed, printed, or downloaded different parts of the Commission’s certification. remotely as described in the Document rules, and to address concerns that have V. Environmental Analysis Availability section below. Commenters arisen in Commission practice. The on this proposal are not required to 25. The Commission is required to intended effect of the proposed serve copies of their comments on other amendments is to facilitate compliance prepare an Environmental Assessment commenters. or an Environmental Impact Statement with the Commission’s Rules and for any action that may have a VII. Document Availability improve the administration of agency proceedings. significant adverse effect on the human 30. In addition to publishing the full environment.36 The Commission has text of this document in the Federal DATES: To be assured of consideration, categorically excluded certain actions Register, the Commission provides all written comments must be received by from this requirement as not having a interested persons an opportunity to 5:15 p.m. November 23, 2015. significant effect on the human view and/or print the contents of this ADDRESSES: You may submit comments, environment. Included in the exclusion document via the Internet through the identified by docket number MISC–045, are rules that are clarifying, corrective, Commission’s Home Page (http:// by any of the following methods: or procedural or that do not www.ferc.gov) and in the Commission’s —Federal eRulemaking Portal: http:// substantially change the effect of the Public Reference Room during normal www.regulations.gov. Follow the regulations being amended.37 The business hours (8:30 a.m. to 5 p.m. instructions for submitting comments. Eastern time) at 888 First Street NE., —Agency Web site: http:// 35 The Small Business Administration sets the Room 2A, Washington, DC 20426. www.usitc.gov. Follow the threshold for what constitutes a small business. Public utilities may fall under one of several 31. From the Commission’s Home instructions for submitting comments different categories, each with a size threshold Page on the Internet, this information is on the Web site at http:// based on the company’s number of employees, available on eLibrary. The full text of www.usitc.gov/secretary/edis.htm. including affiliates, the parent company, and this document is available on eLibrary —Email: [email protected]. subsidiaries. For the analysis in this NOPR, we apply a 500 employee threshold for each affected in PDF and Microsoft Word format for Include docket number MISC–045 in entity. Each entity is classified as Electric Bulk viewing, printing, and/or downloading. the subject line of the message. Power Transmission and Control (NAICS code To access this document in eLibrary, —Mail: For paper submission. U.S. 221121). type the docket number of this International Trade Commission, 500 36 Regulations Implementing the National document, excluding the last three E Street SW., Room 112, Washington, Environmental Policy Act of 1969, Order No. 486, FERC Stats. & Regs., Regulations Preambles 1986– digits, in the docket number field. DC 20436. 1990 ¶ 30,783 (1987). 32. User assistance is available for —Hand Delivery/Courier: U.S. 37 18 CFR 380.4(a)(2)(ii) (2015). eLibrary and the Commission’s Web site International Trade Commission, 500
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E Street SW., Room 112, Washington, Commission to adopt such reasonable Regulatory Analysis of Proposed DC 20436, from the hours of 8:45 a.m. procedures, rules, and regulations as it Amendments to the Commission’s Rules to 5:15 p.m. deems necessary to carry out its The Commission has determined that Instructions: All submissions received functions and duties. This rulemaking the proposed rules do not meet the must include the agency name and seeks to improve provisions of the criteria described in section 3(f) of docket number (MISC–045), along with Commission’s existing Rules of Practice Executive Order 12866 (58 FR 51735, a cover letter stating the nature of the and Procedure. The Commission Oct. 4, 1993) and thus do not constitute commenter’s interest in the proposed proposes amendments to its rules a significant regulatory action for rulemaking. All comments received will covering investigations under section purposes of the Executive Order. be posted without change to http:// 337 of the Tariff Act of 1930 (19 U.S.C. The Regulatory Flexibility Act (5 www.usitc.gov, including any personal 1337), as amended (‘‘section 337’’), in U.S.C. 601 et seq.) is inapplicable to this information provided. For paper copies, order to increase the efficiency of its rulemaking because it is not one for a signed original and 14 copies of each section 337 investigations. set of comments should be submitted to This rulemaking was undertaken to which a notice of final rulemaking is Lisa R. Barton, Secretary, U.S. make certain technical corrections, to required under 5 U.S.C. 553(b) or any International Trade Commission, 500 E clarify certain provisions, to harmonize other statute. Although the Commission Street SW., Room 112, Washington, DC different parts of the Commission’s has chosen to publish a notice of 20436. rules, and to address concerns that have proposed rulemaking, these proposed Docket: For access to the docket to arisen in Commission practice. The regulations are ‘‘agency rules of read background documents or intended effect of the proposed procedure and practice,’’ and thus are comments received, go to http:// amendments is to facilitate compliance exempt from the notice requirement www.usitc.gov and/or the U.S. with the Commission’s Rules and imposed by 5 U.S.C. 553(b). International Trade Commission, 500 E improve the administration of agency These proposed rules do not contain Street SW., Room 112, Washington, DC proceedings. federalism implications warranting the 20436. On February 14, 2012, at 77 FR 8114, preparation of a federalism summary FOR FURTHER INFORMATION CONTACT: the Commission published a Plan for impact statement pursuant to Executive Megan M. Valentine, telephone 202– Retrospective Analysis of Existing Order 13132 (64 FR 43255, Aug. 4, 708–2301, Office of the General Rules. This plan was issued in response 1999). Counsel, United States International to Executive Order 13579 of July 11, No actions are necessary under the Trade Commission. Hearing-impaired 2011, and established a process under Unfunded Mandates Reform Act of 1995 individuals are advised that information which the Commission will periodically (2 U.S.C. 1501 et seq.) because the on this matter can be obtained by review its significant regulations to proposed rules will not result in contacting the Commission’s TDD determine whether any such regulations expenditure in the aggregate by State, terminal at 202–205–1810. General should be modified, streamlined, local, and tribal governments, or by the information concerning the Commission expanded, or repealed so as to make the private sector, of $100,000,000 or more may also be obtained by accessing its agency’s regulatory program more in any one year, and will not Internet server at http://www.usitc.gov. effective or less burdensome in significantly or uniquely affect small SUPPLEMENTARY INFORMATION: The achieving regulatory objectives. This governments, as defined in 5 U.S.C. preamble below is designed to assist process will include a general review of 601(5). readers in understanding these existing regulations in 19 CFR parts 201, The proposed rules are not major proposed amendments to the 207, and 210. The current notice of rules as defined by section 804 of the Commission Rules. This preamble proposed rulemaking is consistent with Small Business Regulatory Enforcement provides background information, a the plan to ensure that the Fairness Act of 1996 (5 U.S.C. 801 et regulatory analysis of the proposed Commission’s rules are effective. seq.). Moreover, they are exempt from amendments, a section-by-section The Commission invites the public to the reporting requirements of the explanation of the proposed comment on all of these proposed rules Contract With America Advancement amendments to parts 201 and 210, and amendments. In any comments, please Act of 1996 (Pub. L. 104–121) because a description of the proposed consider addressing whether the they concern rules of agency amendments to the rules. The language of the proposed amendments organization, procedure, or practice that Commission encourages members of the is sufficiently clear for users to do not substantially affect the rights or public to comment on whether the understand. In addition please consider obligations of non-agency parties. language of the proposed amendments addressing how the proposed rules The amendments are not subject to is sufficiently clear for users to amendments could be improved, and section 3504(h) of the Paperwork understand, in addition to any other offering specific constructive Reduction Act (44 U.S.C. 3504(h)). alternatives where appropriate. comments they wish to make on the Part 201 proposed amendments. Consistent with its ordinary practice, If the Commission decides to proceed the Commission is issuing these Subpart B—Initiation and Conduct of with this rulemaking after reviewing the proposed amendments in accordance Investigations with the applicable requirements of comments filed in response to this Section 201.16 notice, the proposed rule revisions will section 553 of the APA. This procedure be promulgated in accordance with the entails the following steps: (1) Section 201.16 provides the general applicable requirements of the Publication of a notice of proposed provisions for service of process and Administrative Procedure Act (‘‘APA’’) rulemaking; (2) solicitation of public other documents. In particular, section (5 U.S.C. 553), and will be codified in comments on the proposed 201.16(a)(1) provides that the 19 CFR parts 201 and 210. amendments; (3) Commission review of Commission may effect service by public comments on the proposed mailing or delivering a copy of the Background amendments; and (4) publication of document to be served to the person to Section 335 of the Tariff Act of 1930 final amendments at least thirty days be served or to certain persons affiliated (19 U.S.C. 1335) authorizes the prior to their effective date. with the organization to be served or to
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the person’s or organization’s attorney investigation, including whether the nonconfidential version of the representative. Subsection 201.16(a)(4) Commission has ordered the presiding complaint and the notice of explains that service by mail, as administrative law judge to take investigation. provided in subsection 201.16(a)(1) is evidence and to issue an initial Subpart C—Pleadings complete upon mailing of the determination concerning the public document. The Commission is currently interest. The proposed rule would add Section 210.12 developing the capability to perfect subsection 210.10(b)(1) to provide that Section 210.12 specifies the electronic service. The proposed rule the notice of institution will specify in information that a complainant must would accordingly amend subsections plain language the accused products include in a complaint requesting 201.16(a)(1) and (4) to provide that the that will be within the scope of the institution of an investigation under Commission may effect service through investigation in order to avoid disputes Part 210. In particular, subsection electronic means. Electronic service is between the parties concerning the 210.12(a)(9) details the information a complete upon transmission of a scope of the investigation at the outset. complainant is required to include notification from the Commission that Comments regarding this proposed rule when alleging a violation of section 337 the document has been placed in an should address, in particular, whether with respect to the infringement of a appropriate secure repository for the proposed rule would be useful in valid and enforceable U.S. patent. The retrieval by the person, organization clarifying the scope of the investigation. proposed rule would amend subsection representative, or attorney being served, The Commission welcomes alternate 210.12(a)(9) by adding the requirement unless the Commission is notified that language that captures the that complaints include the expiration the notification was not received by the Commission’s intent with respect to the date of each asserted patent. party served. proposed rule. New subsection In addition, subsection 201.16(f) 210.10(b)(2) contains the existing Section 210.14 authorizes parties to serve documents language in subsection 210.10(b), which Section 210.14 provides for various by electronic means. The proposed rule provides that the Commission may pre- and post-institution actions, would amend subsection 201.16(f) to order the presiding administrative law including amending the complaint and require parties serving documents by judge to take evidence concerning the notice of investigation, making electronic means to ensure that any public interest. supplemental submissions, introducing such document containing confidential The Commission has established a counterclaims, providing submissions business information subject to an ‘‘100-Day’’ proceeding to provide for the on the public interest, and consolidating administrative protective order be disposition of potentially dispositive investigations. The proposed rule would securely transmitted, in addition to issues within a specified time frame amend section 210.14 to add subsection being securely stored, to prevent following institution of an investigation. 210.14(h), allowing the administrative unauthorized access and/or receipt by The proposed rule would accordingly law judge to sever an investigation into individuals or organizations not add subsection 210.10(b)(3) to authorize two or more investigations at any time authorized to view the specified the Commission to direct the presiding prior to or upon issuance of the confidential business information. administrative law judge to issue an procedural schedule, based upon either initial determination pursuant to new Part 210 a motion or upon the administrative law subsection 210.42(a)(3), as described judge’s judgment that severance is Subpart B—Commencement of below, on a potentially dispositive issue necessary to allow efficient Preinstitution Proceedings and as set forth in the notice of adjudication. The Commission is Investigations investigation. The specified time frame seeking in particular comments for issuance of the initial determination Section 210.10 regarding whether the administrative is subject to an extension of time for law judge’s decision to sever should be Section 337(b)(1) states that the good cause shown. As set forth in the in the form of an initial determination ‘‘Commission shall investigate any pilot program, the presiding pursuant to new subsection 210.42(c)(3) alleged violation of this section on administrative law judge will have complaint under oath or upon its or an order. discretion to stay discovery during the The proposed rule would also add initiative.’’ 19 U.S.C. 1337(b)(1). pendency of the 100-Day proceeding. Accordingly, section 210.10 provides for subsection 210.14(i), authorizing the institution of section 337 investigations Section 210.11 administrative law judge to issue an by the Commission based upon a Section 210.11—in particular, order designating a potentially properly filed complaint. See 19 CFR subsection 210.11(a)—provides that the dispositive issue for an early ruling. The 210.10(a). The Commission, however, is Commission will, upon institution of an proposed rule would also provide concerned about complaints that assert investigation, serve copies of the authority for the presiding multiple unrelated patents and/or nonconfidential version of the administrative law judge to hold multiple technologies because the complaint and the notice of expedited hearings on such dispositive resulting investigation is often unwieldy investigation upon the respondent(s), issues in accordance with section and lengthy. The proposed rule would the embassy in Washington, DC of the 210.36. amend section 210.10(a) to clarify that country in which each respondent is Subpart D—Motions the Commission may institute multiple located, and various government investigations based on a single agencies. Subsection 210.11(a)(2) Section 210.15 complaint where necessary to limit the concerns service by the Commission Section 210.15 provides the number of technologies and/or when it has instituted temporary relief procedure and requirements for motions unrelated patents asserted in a single proceedings. The proposed rule would during the pendency of an investigation investigation. amend subsection 210.11(a)(2)(i) to and related proceedings, whether before In addition, subsection 210.10(b) clarify that the Commission will serve an administrative law judge or before provides that, when instituting an on each respondent a copy of the the Commission. The proposed rule investigation, the Commission shall nonconfidential version of the motion would amend subsection 210.15(a)(2) to issue a notice defining the scope of the for temporary relief, in addition to the clarify that this provision does not allow
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for motions, other than motions for apply to any intellectual property right Subpart E—Discovery and Compulsory temporary relief, to be filed with the that has been held invalid or Process Commission prior to institution of an unenforceable or to any adjudicated Section 210.27 investigation. Subsection 210.15(a)(1) is article found not to infringe the asserted not amended because matters are not right or no longer in violation by the Section 210.27 contains the general delegated to an administrative law judge Commission or a court or agency of provisions governing discovery during a until after an investigation has been competent jurisdiction in a final, section 337 investigation or related instituted. nonreviewable decision. The proposed proceeding. The proposed rule would add section 210.27(e)(5) to add language Section 210.19 rule would also amend subsection 210.21(c)(4)(viii) to add ‘‘any asserted consistent with Federal Rule of Civil Section 210.19 provides for patent claims,’’ delete ‘‘the claims of the Procedure 26 concerning the intervention in an investigation or asserted patent,’’ delete the second preservation of privilege between related proceeding. The proposed rule occurrence of the word ‘‘claims,’’ and counsel and expert witnesses. In would amend section 210.19 to clarify add the word ‘‘claim’’ after ‘‘unfair trade particular, the proposed rule specifies that privilege applies to that motions to intervene may be filed practice’’ in the phrase ‘‘validity or only after institution of an investigation communications between a party’s enforceability of the claims of the or a related proceeding. counsel and any expert witness retained asserted patent claims . . . unfair trade on behalf of that party and to any draft Section 210.21 practice in any administrative or reports or disclosures that the expert judicial proceeding to enforce the Subsections 210.21(b)(2) and (c)(2) prepares at counsel’s behest. authorize the presiding administrative Consent Order[.]’’ The proposed rule Subsection 210.27(g) details the law judge to grant by initial would further amend subsection requirements of providing appropriate determination motions to terminate an 210.21(c)(4)(x) to add ‘‘asserted’’ before signatures with every discovery request, investigation due to settlement or ‘‘claim of the patent. . . .’’ and to add response, and objection, and the consent order, respectively. The ‘‘claim’’ after ‘‘or unfair trade consequences for failing to do so. The subsections further provide that the practice. . . .’’ The proposed rule also proposed rule would amend subsection Commission shall notify certain would add new subsection 210.27(g)(3) to clarify that a presiding agencies of the initial determination and 210.21(c)(4)(xi) to require in the consent administrative law judge or the the settlement agreement or consent order an admission of all jurisdictional Commission may impose sanctions if, order. Those agencies include the U.S. facts, similar to the provision requiring without substantial justification, a party Department of Health and Human such a statement in the consent order certifies a discovery request, response, Services, the U.S. Department of Justice, stipulation (210.21(c)(3)(i)(A)). or objection in violation of subsection the Federal Trade Commission, the U.S. Section 210.22 210.27(g)(2). Customs Service (now U.S. Customs and Section 210.28 Border Protection), and such other The proposed rule would add new departments and agencies as the section 210.22 to allow parties to file a Section 210.28 provides for the Commission deems appropriate. motion within 30 days of institution of taking, admissibility, and use of party Currently, the Commission effects the investigation requesting the and witness depositions. In particular, such notice through various electronic presiding administrative law judge to subsection 210.28(h)(3) provides that means, including posting a public issue an order designating a potentially the deposition of a witness, whether or version of the initial determination and dispositive issue for an early ruling. The not a party, may be used for any public versions of any related settlement proposed rule would also provide purpose if the presiding administrative agreements or consent orders on its Web authority for the presiding law judge finds certain circumstances site. The proposed rule would amend administrative law judge to hold exist. The proposed rule would add subsections 210.21(b)(2) and (c)(2) to expedited hearings on such issues in subsection 210.28(h)(3)(vi) to allow, clarify that the Commission need not accordance with section 210.36. within the discretion of the presiding specifically notify the listed agencies administrative law judge, the use of regarding any such initial determination Section 210.25 agreed-upon designated deposition and related settlement agreements or testimony in lieu of live witness Section 210.25 provides for the consent orders. This change is intended testimony absent the circumstances process by which a party may request to conserve Commission resources and enumerated in subsection 210.28(h)(3). does not relieve the Commission of its and the presiding administrative law obligation under section 337(b)(2) to judge or the Commission may grant Section 210.32 consult with and seek advice and sanctions. In particular, subsection Section 210.32 provides for the use of information from the indicated agencies 210.25(a)(1) states the grounds for subpoenas during the discovery phase as the Commission considers which a party may file a motion for of a section 337 investigation. In appropriate during the course of a sanctions. The proposed rule would particular, subsection 210.32(d) section 337 investigation. amend subsection 210.25(a)(1) to clarify provides for the filing of motions to In addition, subsection 210.21(c)(3) that a motion for sanctions may be filed quash a subpoena that the presiding sets out the required contents of a for abuse of discovery under subsection administrative law judge has issued. consent order stipulation while 210.27(g)(3). The proposed rule would amend subsection 210.21(c)(4) sets out the In addition, subsection 210.25(a)(2) subsection 210.32(d) to clarify that a required contents of the consent order. provides that a presiding administrative party upon which a subpoena has been The proposed rule would amend law judge or the Commission may raise served may file an objection to the subsection 210.21(c)(3)(ii)(A) to conform sanctions issues as appropriate. The subpoena within ten days of receipt of to subsection 210.21(c)(4)(x), which proposed rule would amend subsection the subpoena, with the possibility of requires that the consent order 210.25(a)(2) to clarify that the requesting an extension of time for filing stipulation and consent order contain a subsection regarding sanctions for abuse objections for good cause shown. The statement that a consent order shall not of discovery is subsection 210.27(g)(3). proposed rule would also amend
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subsection 210.32(d) to clarify that any Subpart G—Determinations and Actions or settlement, licensing, or other motion to quash must be filed within Taken agreement pursuant to section 210.21, and notice of such other initial ten days of receipt of the subpoena, with Section 210.42 the possibility of requesting an determinations as the Commission may extension of time for good cause shown. Section 210.42 provides for the order. Those agencies include the U.S. The proposed amendment is intended to issuance of initial determinations by the Department of Health and Human bring the Commission’s subpoena presiding administrative law judge Services, the U.S. Department of Justice, concerning specific issues, including practice into closer conformity with the the Federal Trade Commission, the U.S. violation of section 337 under Federal Rules of Civil Procedure. The Customs Service (now U.S. Customs and subsection 210.42(a)(1)(i), on motions to Border Protection), and such other Commission requests that any declassify information under subsection comments concerning this amendment departments and agencies as the 210.42(a)(2), on issues concerning Commission deems appropriate. The address any potential conflicts that may temporary relief or forfeiture of rule further states that the indicated arise from copending objections and temporary relief bonds under subsection agencies have 10 days after service of motions to quash. 210.42(b), or on other matters as any such initial determinations to In addition, subsection 210.32(f) specified in subsection 210.42(c). submit comments. Currently, the authorizes the payment of fees to The proposed rule would add Commission effects such notice through deponents or witnesses that are subsection 210.42(a)(3) authorizing the various electronic means, including subpoenaed. The proposed rule would presiding administrative law judge to posting a public version of the initial amend subsection 210.32(f)(1) to clarify issue an initial determination ruling on determination on its Web site so that that such deponents and witnesses are a potentially dispositive issue in paper service is unnecessary. The entitled to receive both fees and mileage accordance with a Commission order proposed rule would amend section in conformance with Federal Rule of under new subsection 210.10(b)(3) or 210.42(e) to remove the explicit Civil Procedure 45(b)(1) and to correct the administrative law judge’s order requirement that the Commission issued pursuant to new section 210.22. the antecedent basis for ‘‘fees and provide any specific notice of or directly In addition, the proposed rule would mileage’’ as recited in subsection serve any initial determinations require the administrative law judge to 210.32(f)(2). concerning terminations under section certify the record to the Commission 210.21 on the listed agencies. This Section 210.34 and issue the initial determination change is intended to conserve within 100 days of when the issue is Commission resources and does not Section 210.34 provides for the designated by the Commission pursuant relieve the Commission of its obligation issuance of protective orders and for the to 210.10(b)(3) or by the administrative under section 337(b)(2) to consult with remedies and sanctions the Commission law judge pursuant to 210.14(i) or and seek advice and information from may impose in the event of a breach of 210.22. The 100-day period for the indicated agencies as the a Commission-issued administrative certification may be extended for good Commission considers appropriate protective order. Subsection 210.34(c)(1) cause shown. This procedure differs during the course of a section 337 provides that the Commission shall treat from a summary determination investigation. the identity of any alleged breacher as proceeding in that the administrative Section 210.43 confidential business information law judge’s ruling pursuant to this unless the Commission determines to section is made following an evidentiary Section 210.43 provides for the issue a public sanction. Subsection hearing. These changes are intended to process by which a party may request 210.34(c)(1) also requires the provide a procedure for the early and the Commission may consider Commission and the administrative law disposition of potentially dispositive petitions for review of initial judge to allow parties to make issues identified by the Commission at determinations on matters other than submissions concerning these matters. institution of an investigation or by the temporary relief. In particular, The proposed rule would amend administrative law judge early in subsection 210.43(a)(1) specifies when subsection 210.34(c)(1) to remove the procedural schedule for the parties must file petitions for review mandatory provision requiring the investigation. This procedure is not based on the nature of the initial intended to affect summary determination, and subsection 210.43(c) Commission or the administrative law determination practice under section specifies when parties must file judge to allow the parties to make 210.18 whereby the ALJ may dispose of responses to any petitions for review. written submissions or present oral one or more issues in the investigation The proposed rule would amend arguments bearing on the issue of when there is no genuine issue as to subsection 210.43(a)(1) to specify when violation of a protective order and the material facts and the moving party is parties must file petitions for review of appropriate sanctions therefor. The entitled to summary determination as a an initial determination ruling on a Commission and the administrative law matter of law. potentially dispositive issue pursuant to judge continue to have discretion to The proposed rule would also add new subsection 210.42(a)(3). The permit written submissions or oral subsection 210.42(c)(3), authorizing the proposed rule would further amend argument bearing on administrative presiding administrative law judge to subsection 210.43(c) to specify when the protective order violations and issue an initial determination severing parties must file responses to any such sanctions therefor. In the interest of an investigation into two or more petitions for review. Under the preserving the confidentiality of the investigations pursuant to new proposed rule, parties are required to process, the Commission has decided subsection 210.14(h). file a petition for review within five that notification of all parties in an In addition, subsection 210.42(e) calendar days after service of the initial investigation regarding breach of a provides that the Commission shall determination and any responses to the protective order may be inappropriate in notify certain agencies of each initial petitions within three business days many cases. Submissions from relevant determination granting a motion for after service of a petition. persons will be requested as necessary termination of an investigation in whole Subsection 210.43(d)(1) provides for and appropriate. or part on the basis of a consent order the length of time the Commission has
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after service of an initial determination public interest. Subsection 210.50(a)(4) proposed rule would amend subsection to determine whether to review the further requests the parties to submit 210.75(b)(1), redesignated as initial determination before it becomes comments concerning the public 210.75(a)(1), to provide that the the Commission’s determination. The interest within 30 days of issuance of Commission shall determine whether to proposed rule would amend subsection the presiding administrative law judge’s institute the requested enforcement 210.43(d)(1) to specify that the recommended determination. It has proceeding within 30 days of the filing Commission determine whether to come to our attention that members of of the enforcement complaint, similar to review initial determinations on early the public are confused as to whether the provisions recited in section dispositive issues pursuant to new subsection 210.50(a)(4) applies to them 210.10(a), barring exceptional subsection 210.42(a)(3). Under the since the post-recommended circumstances, a request for proposed rule, the Commission shall determination provision is stated postponement of institution, or determine whether to review such immediately after the provision withdrawal of the enforcement initial determinations within 30 days of requesting comments from ‘‘interested complaint. service of the initial determination. persons.’’ The proposed rule would Moreover, when the Commission has In addition, subsection 210.43(d)(3) amend subsection 210.50(a)(4) to clarify found a violation of an exclusion order, provides that, if the Commission that the rule concerns post- the Commission has issued cease and determines to grant a petition for recommended determination desist orders as appropriate. The review, in whole or in part, and solicits submissions from the parties. Given the proposed rule would amend subsection written submissions on the issues of variability of the dates for issuance of 210.75(b)(4), redesignated as remedy, the public interest, and the public version of the recommended 210.75(a)(4), to explicitly provide that bonding, the Secretary of the determinations, post-recommended the Commission may issue cease and Commission shall serve the notice of determination submissions from the desist orders pursuant to section 337(f) review on all parties, the U.S. public are solicited via a notice at the conclusion of a formal Department of Health and Human published in the Federal Register enforcement proceeding. The proposed Services, the U.S. Department of Justice, specifying the due date for such public rule would also amend subsection the Federal Trade Commission, the U.S. comments. 210.75(b)(5), redesignated as Customs Service (now U.S. Customs and 210.75(a)(5), to include issuance of new Border Protection), and such other Subpart I—Enforcement Procedures and cease and desist orders pursuant to new departments and agencies as the Advisory Opinions subsection 210.75(a)(4). Commission deems appropriate. Section 210.75 Section 210.76 Currently, the Commission effects such notice through various electronic Section 210.75 provides for the Section 210.76 provides the method means, including posting a public enforcement of remedial orders issued by which a party to a section 337 version of the notice on its Web site by the Commission, including exclusion investigation may seek modification or such that paper service is unnecessary. orders, cease and desist orders, and rescission of exclusion orders, cease and The proposed rule would amend consent orders. Subsection 210.75(a) desist orders, and consent orders issued subsection 210.43(d)(3) to remove the provides for informal enforcement by the Commission. The proposed rule explicit requirement that the proceedings, which are not subject to would modify section 210.76(a) to Commission provide by way of direct the adjudication procedures described clarify that this section is in accordance service any such notice to the indicated in subsection 210.75(b) for formal with section 337(k)(1) and allows any agencies, thus conserving Commission enforcement proceedings. In Vastfame person to request the Commission to resources. This proposed rule does not Camera, Ltd. v. Int’l Trade Comm’n, 386 make a determination that the affect the Commission’s obligation F.3d 1108, 1113 (Fed. Cir. 2004), the conditions which led to the issuance of under section 337(b)(2) to consult with U.S. Court of Appeals for the Federal a remedial or consent order no longer and seek advice and information from Circuit (‘‘Federal Circuit’’) stated that exist. The proposed rule would also add the indicated agencies as the the Commission’s authority to conduct subsection 210.76(a)(3) to require that, Commission considers appropriate enforcement proceedings stems from its when the requested modification or during the course of a section 337 original investigative authority under rescission is due to a settlement investigation. subsection 337(b) and its authority to agreement, the petition must include issue temporary relief arises under copies of the agreements, any Section 210.47 subsection 337(e). Both subsections supplemental agreements, any Section 210.47 provides the require that the Commission afford the documents referenced in the petition or procedure by which a party may parties the ‘‘opportunity for a hearing in attached agreements, and a statement petition the Commission for conformity with the provisions of that there are no other agreements, reconsideration of a Commission subchapter II of chapter 5 of title 5.’’ Id. consistent with rule 210.21(b)(1). determination. The proposed rule at 1114–5. Subsection 210.75(a), which In addition, subsection 210.76(b) would amend section 210.47 to make provides for informal enforcement specifies that the Commission may explicit the Commission’s authority to proceedings, is therefore not in institute such a modification or reconsider a determination on its own accordance with the Federal Circuit’s rescission proceeding by issuing a initiative. holding in Vastfame. The proposed rule notice. The proposed rule would amend would, accordingly, delete subsection subsection 210.76(b) to provide that the Section 210.50 210.75(a). Commission shall determine whether to Section 210.50, and in particular Subsection 210.75(b) currently institute the requested modification or subsection 210.50(a)(4), requires the provides that the Commission may rescission proceeding within 30 days of Commission to receive submissions institute a formal enforcement receiving the request, similar to the from the parties to an investigation, proceeding upon the filing of a provisions recited in section 210.10(a), interested persons, and other complaint setting forth alleged barring exceptional circumstances, a Government agencies and departments violations of any exclusion order, cease request for postponement of institution, considering remedy, bonding, and the and desist order, or consent order. The or withdrawal of the petition for
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modification or rescission. The Customs duties and inspection, Imports, However, any dispute that arises among proposed rule would further clarify that Investigations. parties regarding electronic service must the notice of institution may be For the reasons stated in the be resolved by the parties themselves, amended by leave of the Commission. preamble, the United States without the Commission’s involvement. Under some circumstances, such as International Trade Commission When a document served by electronic when settlement between the parties is proposes to amend 19 CFR parts 201 means contains confidential business the basis for rescission or modification and 210 as follows: information subject to an administrative of issued remedial orders, institution protective order, the document must be and disposition of the rescission or PART 201—RULES OF GENERAL securely stored and transmitted by the modification proceeding may be in a APPLICATION serving party in a manner that prevents single notice. unauthorized access and/or receipt by ■ 1. The authority citation for part 201 Section 210.77 individuals or organizations not is revised to read as follows: authorized to view the specified Section 210.77 provides for the Authority: Sec. 335 of the Tariff Act of confidential business information. Commission to take temporary 1930 (19 U.S.C. 1335), and sec. 603 of the emergency action pending a formal Trade Act of 1974 (19 U.S.C. 2482), unless PART 210—ADJUDICATION AND enforcement proceeding under otherwise noted. ENFORCEMENT subsection 210.75(b) by immediately ■ and without hearing or notice modify or Subpart A—Miscellaneous 3. The authority citation for part 210 continues to read as follows: revoke the remedial order under review ■ and, if revoked, to replace the order 2. Amend § 201.16 by revising Authority: 19 U.S.C. 1333, 1335, and 1337. with an appropriate exclusion order. As paragraphs (a)(1), (a)(4), and (f) to read noted above, the Federal Circuit held in as follows: Subpart B—Commencement of Preinstitution Proceedings and Vastfame that an enforcement § 201.16 Service of process and other proceeding requires that the parties be documents. Investigations afforded an opportunity for a hearing. (a) * * * ■ 4. Amend § 210.10 by adding 386 F.3d at 1114–15. The procedure set (1) By mailing, delivering, or serving paragraph (a)(6) and revising paragraph forth in subsection 210.77 for temporary by electronic means a copy of the (b) to read as follows: emergency action pending a formal document to the person to be served, to § 210.10 Institution of investigation. enforcement proceeding, therefore, is a member of the partnership to be not in accordance with the Federal served, to the president, secretary, other (a) * * * Circuit’s holding in Vastfame. The executive officer, or member of the (6) The Commission may determine to proposed rule would, accordingly, board of directors of the corporation, institute multiple investigations based delete subsection 210.77. association, or other organization to be on a single complaint where necessary to limit the number of technologies and/ Section 210.79 served, or, if an attorney represents any of the above before the Commission, by or unrelated patents asserted in a single Section 210.79 provides that the mailing, delivering, or serving by investigation. Commission will, upon request, issue (b)(1) An investigation shall be electronic means a copy to such advisory opinions concerning whether instituted by the publication of a notice attorney; or any person’s proposed course of action in the Federal Register. The notice will or conduct would violate a Commission * * * * * define the scope of the investigation in remedial order, including an exclusion (4) When service is by mail, it is such plain language as to make explicit order, cease and desist order, or consent complete upon mailing of the what accused products will be the order. The proposed rule would amend document. When service is by an subject of the investigation, and may be subsection 210.79(a) to provide that any express service, service is complete amended as provided in § 210.14(b) and responses to requests for advisory upon submitting the document to the (c). opinions shall be filed within 10 days express delivery service or depositing it (2) The Commission may order the of service. The proposed rule would in the appropriate container for pick-up administrative law judge to take also amend subsection 210.79(a) to by the express delivery service. When evidence and to issue a recommended provide that the Commission shall service is by electronic means, service is determination on the public interest institute the advisory proceeding by complete upon transmission of a based generally on the submissions of notice, which may be amended by leave notification that the document has been the parties and the public under of the Commission, and shall determine placed in an appropriate repository for § 210.8(b) and (c). If the Commission whether to institute within 30 days of retrieval by the person, organization, orders the administrative law judge to receiving the request barring representative, or attorney being served, take evidence with respect to the public exceptional circumstances, a request for unless the Commission is notified that interest, the administrative law judge postponement of institution, or the notification was not received by the will limit public interest discovery withdrawal of the request for an party served. appropriately, with particular advisory opinion. * * * * * consideration for third parties, and will List of Subjects (f) Electronic service by parties. ensure that such discovery will not Parties may serve documents by delay the investigation or be used 19 CFR Part 201 electronic means in all matters before improperly. Public interest issues will Administration practice and the Commission. Parties may effect such not be within the scope of discovery procedure, Reporting and recordkeeping service on any party, unless that party unless the administrative law judge is requirements. has, upon notice to the Secretary and to specifically ordered by the Commission all parties, stated that it does not to take evidence on these issues. 19 CFR Part 210 consent to electronic service. If (3) The Commission may order the Administration practice and electronic service is used, no additional administrative law judge to issue an procedure, Business and industry, time is added to the prescribed period. initial determination as provided in
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§ 210.42(a)(3)(i) and (ii) ruling on a § 210.15 Motions. according to the procedures of §§ 210.42 potentially dispositive issue as set forth (a) * * * through 210.45. If the Commission’s in the notice of investigation. (2) When an investigation or related final disposition of the initial * * * * * proceeding, not including a determination results in termination of ■ 5. Amend § 210.11 by revising preinstitution proceeding except as the investigation in its entirety, a notice paragraph (a)(2)(i) to read as follows: otherwise prescribed by § 210.52, is will be published in the Federal before the Commission, all motions Register. Termination by consent order § 210.11 Service of complaint and notice shall be addressed to the Chairman of need not constitute a determination as of investigation. the Commission. All motions shall be to violation of section 337. Should the (a) * * * filed with the Secretary and shall be Commission reverse the initial (2) * * * served upon each party. determination, the parties are in no way (i) Copies of the nonconfidential * * * * * bound by their proposal in later actions version of motion for temporary relief, ■ 9. Amend § 210.19 by revising the first before the Commission. the nonconfidential version of the sentence to read as follows: (3) * * * complaint, and the notice of (ii) * * * § 210.19 Intervention. investigation upon each respondent; (A) A statement that if any claim of and Any person desiring to intervene in the patent, copyright, trademark, mask an investigation or a related proceeding work, boat hull design, or unfair trade * * * * * under this part shall make a written practice claim that has expired or is Subpart C—Pleadings motion after institution of the held invalid or unenforceable by a court investigation or related proceeding. or agency of competent jurisdiction or if ■ 6. Amend § 210.12 by adding *** any article has been found or paragraph (a)(9)(xi) to read as follows: ■ 10. Amend § 210.21 by: adjudicated not to infringe the asserted ■ a. Revising paragraph (b)(2); right in a final decision, no longer § 210.12 The complaint. ■ b. Revising paragraph (c)(2); subject to appeal, this Consent Order (a) * * * ■ c. Revising paragraph (c)(3)(ii)(A); shall become null and void as to such (9) * * * ■ d. Revising paragraph (c)(4)(viii); expired, invalid, or unenforceable claim (xi) The expiration date of each patent ■ e. Revising paragraph (c)(4)(x); or as to any adjudicated article; ■ f. Redesignating paragraph (c)(4)(xi) as asserted. * * * * * (c)(4)(xii); and * * * * * (4) * * * ■ g. Adding new paragraph (c)(4)(xi). ■ (viii) A statement that Respondent 7. Amend § 210.14 by revising the The revisions and addition read as and its officers, directors, employees, section heading and adding paragraphs follows: (h) and (i) to read as follows: agents, and any entity or individual § 210.21 Termination of investigations. acting on its behalf and with its § 210.14 Amendments to pleadings and * * * * * authority shall not seek to challenge the notice; supplemental submissions; validity or enforceability of any asserted counterclaims; consolidation of (b) * * * investigations; severance of investigations; (2) The motion and agreement(s) shall patent claims, copyright, trademark, designation of dispositive issue. be certified by the administrative law mask work, boat hull design, or unfair trade practice claim in any * * * * * judge to the Commission with an initial determination if the motion for administrative or judicial proceeding to (h) Severance of investigation. The enforce the Consent Order; administrative law judge may determine termination is granted. If the licensing to sever an investigation into two or or other agreement or the initial * * * * * more investigations at any time prior to determination contains confidential (x) A statement that if any asserted or upon issuance of the procedural business information, copies of the claim of the patent, copyright, schedule, based upon either a motion or agreement and initial determination trademark, mask work, boat hull design, upon the administrative law judge’s with confidential business information or unfair trade practice claim is held own judgment that severance is deleted shall be certified to the invalid or unenforceable by a court or necessary to limit the number of Commission simultaneously with the agency of competent jurisdiction or if technologies and/or unrelated patents confidential versions of such any article has been found or asserted in a single investigation. The documents. If the Commission’s final adjudicated not to infringe the asserted administrative law judge’s decision will disposition of the initial determination right in a final decision, no longer be in the form of an initial results in termination of the subject to appeal, this Consent Order determination pursuant to investigation in its entirety, a notice will shall become null and void as to such § 210.42(c)(3). be published in the Federal Register. invalid or unenforceable claim or Termination by settlement need not adjudicated article; (i) Designation of dispositive issue. constitute a determination as to (xi) An admission of all jurisdictional Within 30 days of institution of the violation of section 337 of the Tariff Act facts; and investigation, the administrative law of 1930. judge may issue an order designating a * * * * * (c) * * * ■ potentially dispositive issue for an early 11. Add § 210.22 to read as follows: (2) Commission disposition of consent ruling. The presiding administrative law order. The Commission, after § 210.22 Designation of dispositive issue. judge is authorized, in accordance with considering the effect of the settlement Any party may move within 30 days section 210.36, to hold expedited by consent order upon the public health of institution of the investigation to hearings on this issue. and welfare, competitive conditions in request that the presiding administrative Subpart D—Motions the U.S. economy, the production of like law judge issue an order designating a or directly competitive articles in the potentially dispositive issue for an early ■ 8. Amend § 210.15 by revising United States, and U.S. consumers, shall ruling. The presiding administrative law paragraph (a)(2) to read as follows: dispose of the initial determination judge is authorized, in accordance with
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§ 210.36, to hold expedited hearings on the request, response, or objection was (c) Violation of protective order. (1) any such designated issue. made, or both. The issue of whether sanctions should ■ 12. Amend § 210.25 by revising the * * * * * be imposed may be raised on a motion first sentence of paragraph (a)(1), and ■ 14. Amend § 210.28 by revising by a party, the administrative law revising paragraph (a)(2) to read as paragraph (h)(3)(v) and adding judge’s own motion, or the follows: paragraph (h)(3)(vi) to read as follows: Commission’s own initiative in accordance with § 210.25(a)(2). Parties, § 210.25 Sanctions. § 210.28 Depositions. including the party that identifies an (a)(1) Any party may file a motion for * * * * * alleged breach or makes a motion for sanctions for abuse of process under (h) * * * sanctions, and the Commission shall § 210.4(d)(1), abuse of discovery under (3) * * * treat the identity of the alleged breacher § 210.27(g)(3), failure to make or (v) Upon application and notice, that as confidential business information cooperate in discovery under § 210.33 such exceptional circumstances exist as unless the Commission issues a public (b) or (c), or violation of a protective to make it desirable in the interest of sanction. The identity of the alleged order under § 210.34(c). * * * justice and with due regard to the breacher means the name of any (2) The administrative law judge importance of presenting the oral individual against whom allegations are (when the investigation or related testimony of witnesses at a hearing, to made. The Commission and the proceeding is before the administrative allow the deposition to be used; or administrative law judge may permit the law judge) or the Commission (when the (vi) Upon agreement of the parties and parties to file written submissions or investigation or related proceeding is within the administrative law judge’s present oral argument on the issues of before it) also may raise the sanctions discretion, the use of designated the alleged violation of the protective issue sua sponte. (See also deposition testimony in lieu of live order and sanctions. witness testimony absent the §§ 210.4(d)(1)(ii), 210.27(g)(3), 210.33(c), * * * * * and 210.34(c).) circumstances otherwise enumerated in this paragraph is permitted. * * * * * Subpart G—Determinations and * * * * * Actions Taken Subpart E—Discovery and Compulsory ■ 15. Amend § 210.32 by revising Process paragraphs (d) and (f)(1) to read as ■ 17. Amend § 210.42 by: follows: ■ a. Adding paragraph (a)(3); ■ 13. Amend § 210.27 by adding ■ b. Adding paragraph (c)(3); and paragraph (e)(5) and revising paragraph § 210.32 Subpoenas. ■ c. Revising the first sentence of (g)(3) to read as follows: * * * * * paragraph (e). (d) Objections and motions to quash. The additions and revision read as § 210.27 General provisions governing (1) Any objection to a subpoena shall be follows: discovery. served in writing on the party or § 210.42 Initial determinations. * * * * * attorney designated in the subpoena (e) * * * within 10 days after receipt of the (a) * * * (5)(i) The provisions of paragraphs subpoena. The administrative law judge (3) On potentially dispositive issues. (e)(1) through (4) of this section protect may, for good cause shown, extend the The administrative law judge shall issue drafts of expert reports, regardless of the time in which objections may be filed. an initial determination ruling on a form in which the draft is recorded. (2) Any motion to quash a subpoena potentially dispositive issue in (ii) The provisions of paragraphs (e)(1) shall be filed within 10 days after accordance with a Commission order through (4) of this section protect receipt of the subpoena. The pursuant to section § 210.10(b)(3) or an communications between the party’s administrative law judge may, for good administrative law judge’s order issued attorney and expert witnesses cause shown, extend the time in which pursuant to section § 210.14(i) or section concerning trial preparation, regardless motions to quash may be filed. § 210.22. The administrative law judge of the form of the communications, shall certify the record to the * * * * * Commission and shall file an initial except to the extent that the (f) * * * communications: (1) Deponents and witnesses. Any determination ruling on the potentially (A) Relate to compensation for the person compelled to appear in person to dispositive issue designated pursuant to expert’s study or testimony; depose or testify in response to a § 210.42(a)(3)(i) within 100 days, or as (B) Identify facts or data that the subpoena shall be paid the same fees extended for good cause shown, of party’s attorney provided and that the and mileage as are paid witnesses with when the issue is designated by the expert considered in forming the respect to proceedings in the courts of Commission pursuant to § 210.10(b)(3) opinions to be expressed; or the United States; provided, that or by the administrative law judge (iii) Identify assumptions that the salaried employees of the United States pursuant to § 210.14(i) or § 210.22. party’s attorney provided and that the summoned to depose or testify as to * * * * * expert relied on in forming the opinions matters related to their public (c) * * * to be expressed. employment, irrespective of the party at (3) A determination pursuant to (g) * * * whose instance they are summoned, § 210.14(h) severing an investigation (3) If without substantial justification shall be paid in accordance with the into two or more investigation shall be a request, response, or objection is applicable Federal regulations. in the form of an initial determination. certified in violation of paragraph (g)(2) * * * * * * * * * * of this section, the administrative law ■ 16. Amend § 210.34 by revising (e) Notice to and advice from other judge or the Commission, upon motion paragraph (c)(1) to read as follows: departments and agencies. Notice of or sua sponte under § 210.25 of this such initial determinations as the part, may impose an appropriate § 210.34 Protective orders; reporting Commission may order shall be sanction upon the person who made the requirement; sanctions and other actions. provided to the U.S. Department of certification, the party on whose behalf * * * * * Health and Human Services, the U.S.
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Department of Justice, the Federal Trade by such other time as the Commission the parties may submit to the Commission, the U.S. Customs and may order. Commission, within 30 days from Border Protection, and such other * * * * * service of the recommended departments and agencies as the (3) The Commission shall grant a determination, information relating to Commission deems appropriate by petition for review and order review of the public interest, including any posting of such notice on the an initial determination or certain issues updates to the information supplied Commission’s Web site. * * * therein when at least one of the under §§ 210.8(b) and (c) and 210.14(f). * * * * * participating Commissioners votes for Submissions by the parties in response ■ 18. Amend § 210.43 by: ordering review. In its notice, the to the recommended determination are ■ a. Adding a new third sentence to Commission shall establish the scope of limited to 5 pages, inclusive of paragraph (a)(1); the review and the issues that will be attachments. This provision does not ■ b. Revising the first sentence of considered and make provisions for apply to the public. Dates for paragraph (c); filing of briefs and oral argument if submissions from the public are ■ c. Revising paragraph (d)(1); and deemed appropriate by the Commission. announced in the Federal Register. ■ d. Revising paragraph (d)(3). ■ 19. Revise § 210.47 to read as follows: * * * * * The revisions read as follows: § 210.47 Petitions for reconsideration. § 210.43 Petitions for review of initial Subpart I—Enforcement Procedures determinations on matters other than Within 14 days after service of a and Advisory Opinions temporary relief. Commission determination, any party may file with the Commission a petition ■ 21. Amend § 210.75 by: (a) * * * ■ a. Removing paragraph (a); (1) * * * A petition for review of an for reconsideration of such determination or any action ordered to ■ b. Redesignating paragraph (b) as initial determination issued under paragraph (a); § 210.42(a)(3) must be filed within five be taken thereunder, setting forth the relief desired and the grounds in ■ c. Adding paragraphs (a)(1)(i) through (5) calendar days after service of the (iv); initial determination. * * * support thereof. Any petition filed under this section must be confined to ■ d. Adding paragraph (a)(4)(iv); * * * * * new questions raised by the ■ e. Revising newly redesignated (c) Responses to the petition. Any determination or action ordered to be paragraph (a)(5); and party may file a response within eight taken thereunder and upon which the ■ f. Redesignating paragraph (c) as (8) days after service of a petition for petitioner had no opportunity to submit paragraph (b). review of a final initial determination arguments. Any party desiring to oppose The additions and revision read as under § 210.42(a)(1), within three (3) such a petition shall file an answer follows: business days after service of a petition thereto within five days after service of for review of an initial determination § 210.75 Proceedings to enforce exclusion the petition upon such party. The under § 210.42(a)(3), and within five (5) orders, cease and desist orders, consent Commission on its own initiative may business days after service of all other orders, and other Commission orders. order reconsideration of a Commission types of petitions, except that a party (a) * * * determination or any action ordered to who has been found to be in default (1) * * * be taken thereunder. The filing of a may not file a response to any issue as (i) The determination of whether to petition for reconsideration shall not to which the party has defaulted. * * * institute shall be made within 30 days (d) * * * stay the effective date of the after the complaint is filed, unless— (1) The Commission shall decide determination or action ordered to be (A) Exceptional circumstances whether to grant, in whole or in part, a taken thereunder or toll the running of preclude adherence to a 30-day petition for review of an initial any statutory time period affecting such deadline; determination filed pursuant to determination or action ordered to be (B) The filing party requests that the § 210.42(a)(2) or § 210.42(c), which taken thereunder unless specifically so Commission postpone the grants a motion for summary ordered by the Commission. determination on whether to institute an ■ 20. Amend § 210.50 by: determination that would terminate the ■ investigation; or investigation in its entirety if it becomes a. Revising paragraph (a)(4) (C) The filing party withdraws the the final determination of the introductory text; complaint. ■ b. Redesignating paragraphs (a)(4)(i) Commission, § 210.50(d)(3), or (ii) If exceptional circumstances through(iv) as paragraphs (a)(4)(ii) § 210.70(c) within 45 days after the preclude Commission adherence to the through (v); and service of the initial determination on 30-day deadline for determining ■ c. Adding new paragraph (a)(4)(i). the parties, or by such other time as the The revision and additions read as whether to institute an investigation on Commission may order. The follows: the basis of the complaint, the Commission shall decide whether to determination will be made as soon grant, in whole or in part, a petition for § 210.50 Commission action, the public after that deadline as possible. review of an initial determination filed interest, and bonding by respondents. (iii) If the filing party desires to have pursuant to § 210.42(a)(3) within 30 * * * * * the Commission postpone making a days after the service of the initial (a) * * * determination on whether to institute an determination on the parties, or by such (4) Receive submissions from the investigation in response to the other time as the Commission may parties, interested persons, and other complaint, the filing party must file a order. The Commission shall decide Government agencies and departments written request with the Secretary. If the whether to grant, in whole or in part, a with respect to the subject matter of request is granted, the determination petition for review of an initial paragraphs (a)(1), (a)(2), and (a)(3) of will be rescheduled for whatever date is determination filed pursuant to this section. appropriate in light of the facts. § 210.42(c), except as noted above, (i) After a recommended (iv) The filing party may withdraw the within 30 days after the service of the determination on remedy is issued by complaint as a matter of right at any initial determination on the parties, or the presiding administrative law judge, time before the Commission votes on
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whether to institute an enforcement (3) If the petition requests proceeding and may be amended by proceeding. To effect such withdrawal, modification or rescission of an order leave of the Commission. the filing party must file a written notice issued pursuant to section 337 (d), (e), * * * * * with the Commission. (f), (g), or (i) of the Tariff Act of 1930 * * * * * on the basis of a licensing or other § 210.77 [Removed and Reserved] (4) * * * settlement agreement, the petition shall ■ 23. Remove and reserve § 210.77. ■ (iv) Issue a new cease and desist order contain copies of the licensing or other 24. Amend § 210.79 by revising as necessary to prevent the unfair settlement agreements, any paragraph (a) to read as follows: supplemental agreements, any practices that were the basis for § 210.79 Advisory opinions. originally issuing the cease and desist documents referenced in the petition or attached agreements, and a statement (a) Advisory opinions. Upon request order, consent order, and/or exclusion of any person, the Commission may, order subject to the enforcement that there are no other agreements, written or oral, express or implied upon such investigation as it deems proceeding. necessary, issue an advisory opinion as (5) Prior to effecting any issuance, between the parties concerning the subject matter of the investigation. If the to whether any person’s proposed modification, revocation, or exclusion course of action or conduct would under this section, the Commission licensing or other settlement agreement contains confidential business violate a Commission exclusion order, shall consider the effect of such action cease and desist order, or consent order. upon the public health and welfare, information within the meaning of § 201.6(a) of this chapter, a copy of the Any responses to a request for an competitive conditions in the U.S. advisory opinion shall be filed within economy, the production of like or agreement with such information deleted shall accompany the motion. On 10 days of service of the request. The directly competitive articles in the Commission will consider whether the United States, and U.S. consumers. motion for good cause shown, the administrative law judge or the issuance of such an advisory opinion * * * * * would facilitate the enforcement of ■ 22. Amend § 210.76 by: Commission may limit the service of the agreements to the settling parties and section 337 of the Tariff Act of 1930, ■ a. Revising the heading of paragraph the Commission investigative attorney. would be in the public interest, and (a); would benefit consumers and ■ b. Revising paragraph (a)(1); (b) * * * (1) The determination of whether to competitive conditions in the United ■ c. Adding paragraph (a)(3); and States, and whether the person has a ■ d. Adding paragraphs (b)(1) through institute shall be made within 30 days after the petition is filed, unless— compelling business need for the advice (5). and has framed his request as fully and (i) Exceptional circumstances The revisions and additions read as accurately as possible. Advisory opinion preclude adherence to a 30-day follows: proceedings are not subject to sections deadline; 554, 555, 556, 557, and 702 of title 5 of § 210.76 Modification or rescission of (ii) The petitioner requests that the the United States Code. exclusion orders, cease and desist orders, Commission postpone the (1) The determination of whether to consent orders, and seizure and forfeiture determination on whether to institute a issue and advisory opinion shall be orders. modification or rescission proceeding; made within 30 days after the petition (a) Petitions for modification or (iii) The petitioner withdraws the rescission of exclusion orders, cease and is filed, unless— petition; or (i) Exceptional circumstances desist orders, and consent orders. (1) (2) If exceptional circumstances preclude adherence to a 30-day Whenever any person believes that preclude Commission adherence to the deadline; changed conditions of fact or law, or the 30-day deadline for determining (ii) The requester asks the public interest, require that an exclusion whether to institute a modification or Commission to postpone the order, cease and desist order, or consent rescission proceeding on the basis of the determination on whether to institute an order be modified or set aside, in whole petition, the determination will be made advisory proceeding; or or in part, such person may request, as soon after that deadline as possible. (iii) The petitioner withdraws the pursuant to section 337(k)(1), that the (3) If the petitioner desires to have the request. Commission make a determination that Commission postpone making a (2) If exceptional circumstances the conditions which led to the issuance determination on whether to institute a preclude Commission adherence to the of a exclusion, cease and desist, or modification or rescission proceeding in 30-day deadline for determining consent order no longer exist. The response to the petition, the petitioner whether to institute an advisory Commission may also on its own must file a written request with the proceeding on the basis of the request, initiative consider such action. The Secretary. If the request is granted, the the determination will be made as soon request shall state the changes desired determination will be rescheduled for a after that deadline as possible. and the changed circumstances or date that is appropriate in light of the (3) If the requester desires that the public interest warranting such action, facts. Commission postpone making a shall include materials and argument in (4) The petitioner may withdraw the determination on whether to institute an support thereof, and shall be served on complaint as a matter of right at any advisory proceeding in response to its all parties to the investigation in which time before the Commission votes on request, the requester must file a written the exclusion order, cease and desist whether to institute a modification or request with the Secretary. If the request order, or consent order was issued. Any rescission proceeding. To effect such is granted, the determination will be person may file an opposition to the withdrawal, the petitioner must file a rescheduled for whatever date is petition within 10 days of service of the written notice with the Commission. appropriate in light of the facts. petition. If the Commission makes such (5) The Commission shall institute a (4) The requester may withdraw the a determination, it shall notify the modification or rescission proceeding request as a matter of right at any time Secretary of the Treasury and U.S. by publication of a notice in the Federal before the Commission votes on Custom and Border Protection. Register. The notice will define the whether to institute an advisory * * * * * scope of the modification or rescission proceeding. To effect such withdrawal,
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the requester must file a written notice responses to inform the agencies’ FHWA’s HSIP primarily addresses with the Commission. decisions on their respective highway infrastructure-related projects and (5) The Commission shall institute an safety programs. strategies. The NHTSA’s State Highway advisory proceeding by publication of a DATES: September 24, 2015. Safety Grant Programs primarily focus notice in the Federal Register. The FOR FURTHER INFORMATION CONTACT: For on driver behavior projects and notice will define the scope of the questions about the program discussed strategies. One notable distinction is advisory opinion and may be amended herein, contact Melonie Barrington, that the statute governing the NHTSA by leave of the Commission. FHWA Office of Safety, (202) 366–8029, grant program requires State highway * * * * * or via email at Melonie.Barrington@ safety activities to be under the direct auspices of the Governor. In contrast to Issued: September 16, 2015. dot.gov; or Barbara Sauers, NHTSA Office of Regional Operations and the NHTSA grant program, the HSIP is By order of the Commission. administered by the State Department of Lisa R. Barton, Program Delivery, (202) 366–0144, or via email at [email protected]. Transportation. Secretary to the Commission. Both the HSIP projects and the HSP For legal questions, please contact Mr. [FR Doc. 2015–23597 Filed 9–23–15; 8:45 am] must be coordinated with the SHSP and William Winne, Attorney-Advisor, BILLING CODE 7020–02–P both programs contribute to the goals FHWA Office of the Chief Counsel, and objectives of the SHSP, but they do (202) 366–1397, or via email at so in different ways based on different [email protected]; or Jin H. Kim, DEPARTMENT OF TRANSPORTATION statutory authority. Attorney-Advisor, NHTSA Office of the The funding for individual project Federal Highway Administration Chief Counsel, (202) 366–1834, or via and strategy implementation is email at [email protected]. Office hours contained in the Statewide 23 CFR Part 924 are from 8 a.m. to 4:30 p.m., e.t., Transportation Improvement Program Monday through Friday, except Federal for the HSIP and the annual HSP for National Highway Traffic Safety holidays. NHTSA’s State Highway Safety Grant Administration SUPPLEMENTARY INFORMATION: Programs. Following the Electronic Access and Filing implementation period, the State then 23 CFR Part 1200 reports on progress to implement the This document, all comments, and the projects and strategies and the extent to [FHWA Docket No. FHWA–2014–0032] request for comments notice may be which they contribute to achieving the viewed on line through the Federal Retrospective Regulatory Review— State’s safety goals and targets. The eRulemaking portal at: http:// State Safety Plan Development and HSIP report is submitted to FHWA by www.regulations.gov. The docket Reporting August 31st each year, while the HSP identification number is FHWA–2014– report is submitted to NHTSA by the AGENCY: Federal Highway 0032. The Web site is available 24 hours end of each calendar year. Administration (FHWA), National each day, 365 days each year. Anyone Highway Traffic Safety Administration is able to search the electronic form of Summary of Responses (NHTSA), Department of Transportation all comments in any of our dockets by The FHWA received comments from (DOT). the name of the individual submitting 28 State DOT representatives, 7 State ACTION: Notice of regulatory review. the comment (or signing the comment, Offices of Highway Safety (or similar- if submitted on behalf of an association, named agencies), and 5 associations. SUMMARY: Consistent with Executive business, or labor union). You may The following sections indicate the Order 13563, Improving Regulation and review DOT’s complete Privacy Act specific question as stated in the Regulatory Review, and in particular its Statement in the Federal Register Request for Comments and provide a emphasis on burden-reduction and on published on April 11, 2000 (65 FR summary of the associated docket retrospective analysis of existing rules, 19476), or you may visit http:// comments. a Request for Comments was published DocketsInfo.dot.gov. on November 28, 2014, to solicit input How do State offices currently collect on State highway safety plan Request for Comments and report data to FHWA and NHTSA? development and reporting On November 28, 2014, FHWA and Are any elements of those information requirements, which specifically refers NHTSA published a Request for collections or reports duplicative? If yes, to the development of the State Comments at 79 FR 70914 soliciting what are those duplicative requirements Highway Safety Plan (HSP) and input on actions FHWA and NHTSA and are there ways to streamline them? Strategic Highway Safety Plan (SHSP), could take to address potentially The responses indicated that the and the reporting requirements of the duplicative State highway safety means for collecting and reporting data Highway Safety Improvement Program planning and reporting requirements in are unique and often tailored by each (HSIP) and HSP. Thirty-eight unique order to streamline and harmonize these State. Several States use a combination letters were received and this document programs, to the extent possible, in view of national reporting databases, such as provides a summary of the input from of the separate statutory authority and the Fatality Analysis Reporting System these letters. Given the lack of support focus of the two programs. (FARS), and their own database(s) for any significant changes in the The FHWA’s HSIP and NHTSA’s specifically developed for their State. highway safety plan development and State Highway Safety Grant Programs According to the Governor’s Highway reporting requirements, neither the share a common goal—to save lives on Safety Association (GHSA), most States FHWA nor NHTSA will change the HSP our Nation’s roadways—and have three have created comprehensive, tailored, or SHSP development requirements nor common performance measures. These complex programs that capture the most change the HSIP or HSP reporting programs have complementary but reliable, relevant data for their own requirements at this time. However, the distinctly different focus areas and requirements. Many States indicated FHWA and NHTSA will consider the administrative and operational that data was collected by various valuable information offered in the procedures and requirements. The departments, yet was available to other
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State agencies as part of the report due December 31. The HSIP improvements related to the HSIP coordination efforts to use the same data annual report is, by regulation, due online reporting tools, and creating an for reporting efforts. Michigan DOT, for August 31. The Connecticut DOT, Utah online reporting tool for the HSP. example, stated that the departments Highway Safety Office, and Washington Pennsylvania recommended a uniform responsible for data collection and Traffic Safety Commission suggested online reporting format for common reporting have structured themselves so that there be a common performance performance measures. efforts for FHWA and NHTSA are not measure reporting tool for both duplicative. Ten State DOTs (Arizona, agencies. To ensure that the HSIP and HSP are Delaware, Kentucky, Missouri, New As indicated by the responses, data being implemented as intended and Hampshire, North Dakota, Oregon, collection is unique to each State. States their programs are achieving their Tennessee, Vermont, and Wisconsin) have developed partnerships and purpose, FHWA and NHTSA will and the GHSA acknowledged that there working agreements that allow the continue to require yearly reporting. is some duplication between the base collection of data necessary for State However, due to the limited interest in data and crash trend analysis highway safety planning. Although a aligning the deadlines of these two requirements for HSIP and HSP few States indicate there is some reports, the FHWA and NHTSA will not reporting purposes, yet they indicated repetition in reporting, the majority pursue that action. The FHWA and that it was not significant and therefore believe the reports should remain NHTSA will continue to identify was not a reason to change the reporting separate. Changes to this process would opportunities to streamline the requirements. not provide efficiencies or improve the reporting and planning process and Connecticut, Maine, Pennsylvania, current practices. explore providing additional guidance and Rhode Island DOTs, as well as the Are there any changes FHWA and to assist States in coordinating their Minnesota and Washington State NHTSA should make to the HSIP and safety plans. The FHWA realizes the Highway Safety Offices stated that the HSP reporting processes to reduce importance of the online reporting tool reporting on three safety performance burdens from duplicative reporting and will continue to solicit input on measures (number and rate of fatalities, requirements, improve safety outcomes, system enhancements from users. The number of severe injuries) was and promote greater coordination potentially duplicative. Those three NHTSA is considering developing an among State agencies responsible for performance measures are currently part online tool for the HSP and HSP report highway safety, consistent with the of the HSP and are proposed for in the future. underlying statutory authority of these inclusion in the HSIP as noted in NPRM two grant programs? Would States prefer to combine plans RIN 2125–AF56. Though there is some and reports for the HSIP and HSP into Fourteen State DOTs, four State duplication in reporting, several States, a single report for FHWA and NHTSA? including Missouri and Oregon DOTs, Offices of Highway Safety, and one association suggested that the existing Would States find a single report useful the Arizona Governor’s Office of for these complementary but distinctly Highway Safety, the California Office of processes remain unchanged. Only different programs? Traffic Safety, and the American Vermont DOT supported consolidating Association of State Highway and the HSP for NHTSA and the HSIP for Only Vermont suggested combining FHWA into a single report. Although Transportation Officials (AASHTO) the HSIP and HSP reports. Twenty-five Vermont DOT’s comment does not indicated that each report serves a State DOTs, five State offices of different purpose, and therefore should specify, FHWA and NHTSA assume that Vermont is referring to the HSP report Highway Safety, and three associations remain separate. While each report (92 percent of the responders) expressed focuses on the efforts of its program, and the HSIP report. The remainder of disagreement with combining the plans these reports support the overall safety the comments on this question efforts described in the SHSP. suggested minor modifications to the and reports for HSIP and HSP into a Alaska and Washington State DOTs existing processes. New York’s State single report. Commenters indicated indicated that behavioral questions on DOT and Governor’s Traffic Safety that combining the reports would lead the HSIP online reporting tool are Committee suggested that the plans be to increasing the burdens on the States duplicative of HSP reporting combined, yet the reporting remains due to more layers of review and requirements. The FHWA would like to separate. Eight commenters, including approval, thus increasing cost and clarify that only funds programed and AASHTO, GHSA, Connecticut, additional time requirements for obligated for HSIP projects should be Montana, New Jersey, North Dakota, coordination above and beyond what is reported in the HSIP online reporting Oregon, and Pennsylvania DOTs needed. Some States indicated that a tool. suggested that the reports be submitted combined document would be more Regarding streamlining, Delaware, biannually (every 2 years) rather than difficult to interpret by the intended Kentucky, Montana, Oregon, annually. Alaska, Rhode Island, audiences and that it would also likely Pennsylvania, and Wisconsin DOT as Tennessee, and Texas DOTs suggested increase the review time by FHWA and well as the GHSA specifically stated that the reporting periods and deadlines NHTSA thus potentially delaying that streamlining efforts should not be be aligned between the two reports to program funding and implementation. pursued, because duplication is reduce burdens and conserve resources. Based on the overwhelming response minimal and efforts to change the Rhode Island DOT further suggested against combining the plans and reports, reporting process would likely increase that the submission requirements for the the current planning and reporting costs and administrative burden. Some HSIP report, HSP and HSP report be the States did offer suggestions for same and that the HSP and HSP report structure will be maintained. streamlining; the AASHTO, Maine, New be consolidated. Wisconsin DOT also Jersey, Rhode Island, and Texas DOTs suggested eliminating duplicate suggested aligning the reporting periods information between the previous fiscal and submission deadlines for HSIP and year report and the upcoming fiscal year HSP reports. The HSP is by statute due application for the HSP and HSP report. to NHTSA by July 1 of each year and a Rhode Island and Texas DOT suggested
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Are there any State legal or legal barriers to combining plans or make to the SHSP guidance to promote organizational barriers to combining reports further indicates there is not coordination among State agencies plans and reports for the HSIP and HSP support or a strong desire for a change responsible for highway safety. The to FHWA and NHTSA? To what extent to the current processes. AASHTO indicated that it would not does the location of the State recipient Are there SHSP requirements with object to guidance that may encourage of the Federal funds from FHWA and higher costs than benefits? If so, what State agencies to collaborate and NHTSA, within the State’s are those requirements and are there coordinate in the further development organizational structure, add to or ways to improve them or should they be of their safety plans, but that any reduce the burdens of consolidated plan eliminated? additional mandates to require the development or reporting? Nineteen State DOTs and 4 State collaboration and coordination is While there was quite strong Offices of Highway Safety indicated that unwarranted. Iowa DOT suggested opposition to combining the HSIP and the SHSP costs do not outweigh the FHWA provide a template for a HSP reports, only eight commenters benefits. Responding to ways to improve memorandum of understanding or other (Michigan, Minnesota, and Washington or eliminate requirements, the Arizona type of agreement to institutionalize the State DOTs and California, Minnesota, Governor’s Office of Highway Safety collaborative process which outlines the and Washington Offices of Highway indicated that requirements related to shared and separate responsibilities Safety, AASHTO and GHSA) indicated data collection in general have higher included in the development of a State’s that there were organizational barriers to costs than benefits which can SHSP. Oregon DOT indicated that the combining the plans and reports. essentially reduce the State’s ability to current requirements are sufficient, yet Washington Traffic Safety Commission satisfy other requirements under MAP– there is no enforcement mechanism in indicated that combining more reports 21. with Washington State DOT would be place requiring all parties to participate Oregon DOT suggested that FHWA with the FHWA and NHTSA funded an additional burden due to the consider eliminating the individual differences in organizational structure State agencies, which are compelled by strategy evaluation requirement, and financing to work together. Rhode between the two independent agencies. instead focus on data collection to California Office of Traffic Safety Island DOT suggested that FHWA evaluate overall performance on key mandate States to designate a full-time indicated that California’s transportation safety metrics such as organizational structure would make it employee as the State’s SHSP Program fatal and injury crashes over an Coordinator. The FHWA in coordination difficult to combine the plans. Five extended period. The FHWA would like with NHTSA will promote noteworthy State DOTs and three State offices of to clarify that evaluation of individual practices on collaboration and Highway Safety did not specifically SHSP strategies is not an SHSP state that there were legal or requirement; rather State’s should assess coordination of safety stakeholders in organizational barriers, yet some whether the strategies are being the development and implementation of provided comments indicating how the implemented as planned, and review the SHSP. The FHWA will continue to agencies within the State already work their progress in meeting SHSP goals endorse flexibility in how the States together or comments against combining and objectives, such as reductions in the choose to develop their SHSP and HSIP the plans due to the additional number of fatalities and serious injuries. in accordance with MAP–21. coordination/approval process that Both AASHTO, through its discussions Conclusion would be required beyond what is with member States, and GHSA already being done. Wisconsin DOT indicated that over time the SHSP Given the lack of support from State stated that ‘‘efforts to combine reporting principles and process have been DOTs and Offices of Highway Safety for would be cumbersome, time-consuming, embraced and integrated by the State significant change in the highway safety disruptive, and costly.’’ Fourteen State DOTs and Highway Safety Offices, plan development and reporting DOTs and one State Office of Highway resulting in a safety culture through the requirements process, FHWA and Safety specifically indicated that there planning and programming processes. were no legal or organizational barriers NHTSA will retain the current State The AASHTO cautioned against the highway safety plan development and to combining the plans and reports. promulgation of additional guidance on However, several commenters, reporting requirements. The DOT will reporting that could disrupt the existing use the valuable information offered in including Alaska, New Hampshire, working arrangements and reporting the responses to streamline and North Dakota, and Missouri DOTs systems currently in place. Similarly, harmonize FHWA and NHTSA highway acknowledged combining plans or GHSA indicated that because the SHSP safety programs. reports would be burdensome and not process has been incorporated into the add any efficiencies or improvements to planning process already, there were not Issued on: September 8, 2015. the process. Furthermore, combining likely to be improvements that would Gregory G. Nadeau, plans would also be unproductive as the greatly reduce costs. Administrator, Federal Highway SHSP is the State’s comprehensive Administration. highway safety plan and already Are there changes FHWA should make coordinates highway safety efforts and to the SHSP guidance to promote Mark R. Rosekind, builds consensus on safety goals and coordination among State agencies Administrator, National Highway Traffic strategies. These efforts are then responsible for highway safety? Safety Administration. implemented though the HSIP and HSP. Very few commenters provided input [FR Doc. 2015–24154 Filed 9–23–15; 8:45 am] The responses on organizational or State related to changes that FHWA should BILLING CODE 4910–22–P
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Notices Federal Register Vol. 80, No. 185
Thursday, September 24, 2015
This section of the FEDERAL REGISTER requirements of 35 U.S.C. 209 and 37 are available for leasing by the BLM contains documents other than rules or CFR 404.7. and, if so, under what stipulations for proposed rules that are applicable to the protection of surface resources. The Mojdeh Bahar, public. Notices of hearings and investigations, entire area plus an additional committee meetings, agency decisions and Assistant Administrator. approximately 100 acres for power rulings, delegations of authority, filing of [FR Doc. 2015–24259 Filed 9–23–15; 8:45 am] petitions and applications and agency transmission will be considered in the BILLING CODE 3410–03–P statements of organization and functions are analysis in the event of future similar examples of documents appearing in this interest. section. DEPARTMENT OF AGRICULTURE Proposed Action Approximately 5,600 acres of the Forest Service DEPARTMENT OF AGRICULTURE SCNF lands within the project area Salmon-Challis National Forest; Idaho; would be allocated as open to Agricultural Research Service Big Creek Geothermal Leasing geothermal leasing subject to existing Proposal laws, regulations, formal orders and Notice of Intent To Grant Exclusive stipulations attached to the lease form, License AGENCY: Forest Service, USDA. and the terms and conditions of the ACTION: Notice of intent to prepare an standard lease form. Stipulations AGENCY: Agricultural Research Service, environmental impact statement. proposed include: No surface USDA. occupancy; controlled surface use; and SUMMARY: The Salmon-Challis National timing limitations. ACTION: Notice of intent. Forest will prepare an environmental impact statement to analyze the Lead and Cooperating Agencies SUMMARY: Notice is hereby given that potential effects of geothermal The Forest Service, Salmon-Challis the U.S. Department of Agriculture, development on approximately 5,600 National Forest, is the lead agency in Agricultural Research Service, intends acres. The decision will be whether to this analysis. to grant to Oregon State University of proceed with geothermal leasing and, if Corvallis, Oregon, an exclusive license so, under what stipulations. Responsible Official to the variety of blueberry described in DATES: Comments concerning the scope The responsible official is the Forest U.S. Plant Patent Application Serial No. of the analysis must be received by Supervisor of the Salmon-Challis 14/545,561, ‘‘BLUEBERRY PLANT October 26, 2015. The draft National Forest. NAMED ‘BABY BLUES’,’’ filed on May environmental impact statement is Nature of Decision To Be Made 21, 2015. expected in May, 2016 and the final environmental impact statement is The decision will be whether to DATES: Comments must be received on expected in September, 2016. implement the action as proposed, or before October 26, 2015. implement an alternative which allows ADDRESSES: Send written comments to leasing under different stipulations or ADDRESSES: Send comments to: USDA, Big Creek Geothermal EIS Project, conditions, or not to implement the ARS, Office of Technology Transfer, Salmon-Challis National Forest, 1206 action. If the decision is to authorize 5601 Sunnyside Avenue, Rm. 4–1174, South Challis Street, Salmon, ID 83467. leasing, that decision with associated Beltsville, Maryland 20705–5131. Comments may also be sent via email to stipulations and conditions will become comments-intermtn-salmon-challis@ FOR FURTHER INFORMATION CONTACT: an amendment to the Salmon-Challis fs.fed.us, or via facsimile to 208–756– Mojdeh Bahar of the Office of National Forest Plan or will become a 5151. Technology Transfer at the Beltsville part of the Revised Forest Plan. address given above; telephone: 301– FOR FURTHER INFORMATION CONTACT: Julie Scoping Process 504–5989. Hopkins, Minerals Program Manager, via email at [email protected]. This notice of intent initiates the SUPPLEMENTARY INFORMATION: The Individuals who use telecommunication scoping process, which guides the Federal Government’s patent rights in devices for the deaf (TDD) may call the development of the environmental this plant variety are assigned to the Federal Information Relay Service impact statement. The complete United States of America, as represented (FIRS) at 1–800–877–8339 between 8 Proposed Action, with accompanying by the Secretary of Agriculture. The a.m. and 8 p.m., Eastern Time, Monday maps and descriptions of proposed prospective exclusive license will be through Friday. stipulations, will be posted at: http:// royalty-bearing and will comply with SUPPLEMENTARY INFORMATION: www.fs.usda.gov/projects/scnf/ the terms and conditions of 35 U.S.C. landmanagement/projects. 209 and 37 CFR 404.7. The prospective Purpose and Need for Action It is important that reviewers provide exclusive license may be granted unless, The Bureau of Land Management their comments at such times and in within thirty (30) days from the date of (BLM) received applications for leasing such manner that they are useful to the this published Notice, the Agricultural approximately 5,600 acres of Salmon- agency’s preparation of the Research Service receives written Challis National Forest (SCNF) lands for environmental impact statement. evidence and argument which exploration and development for Therefore, comments should be establishes that the grant of the license geothermal energy production. The provided prior to the close of the would not be consistent with the SCNF must decide whether these lands comment period and should clearly
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articulate the reviewer’s concerns and Because these electronic discussion Office of Management and Budget contentions. groups are only available to people who (OMB) will be requested. Comments received in response to work in the area of nutrition, it is DATES: Comments on this notice must be this solicitation, including names and necessary to gather this information. received by November 23, 2015. addresses of those who comment, will The questionnaire asks for the person’s FOR FURTHER INFORMATION CONTACT: be part of the public record for this name, email address, job affiliation, Thomas P. Dickson, Acting Director, proposed action. Comments submitted telephone number, and address. Program Development and Regulatory anonymously will be accepted and Estimate of Burden: Public reporting Analysis, USDA Rural Utilities Service, considered, however. burden for this collection of information 1400 Independence Avenue SW., STOP Dated: September 17, 2015. is estimated to average one minute per 1522, Room 5164, South Building, Charles A. Mark, response. Washington, DC 20250–1522. Forest Supervisor. Respondents: Individuals who are Telephone: (202) 690–4492. Fax: (202) interested in joining an electronic [FR Doc. 2015–24246 Filed 9–23–15; 8:45 am] 720–8435 or email Thomas.Dickson@ discussion group. wdc.usda.gov. BILLING CODE 3410–11–P Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: The Office 1,000 per year. of Management and Budget’s (OMB) DEPARTMENT OF AGRICULTURE Estimated Total Annual Burden on regulation (5 CFR part 1320) Respondents: 1,000 minutes or 16.66 implementing provisions of the National Agricultural Library hours. Paperwork Reduction Act of 1995 (Pub. Comments are invited on (a) whether L. 104–13) requires that interested Notice of Intent To Seek Approval To the proposed collection of information members of the public and affected Collect Information is necessary for the proper performance agencies have an opportunity to AGENCY: Agricultural Research Service, of the functions of the Agency, comment on information collection and National Agricultural Library, USDA. including whether the information will recordkeeping activities (see 5 CFR have practical utility; (b) the accuracy of ACTION: Notice and request for 1320.8(d)). This notice identifies an the Agency’s estimate of the burden of comments. information collection that RUS is the proposed collection of information, submitting to OMB for extension. SUMMARY: In accordance with the including the validity of the Comments are invited on: (a) Whether Paperwork Reduction Act of 1995 (Pub. methodology and the assumptions used; the collection of information is L. 104–13) and Office of Management (c) ways to enhance the quality, utility, necessary for the proper performance of and Budget (OMB) regulations at 5 CFR and clarity of the information to be the functions of the agency, including part 1320 (60 FR 44978, August 29, collected; and (d) ways to minimize the whether the information will have 1995), this notice announces the burden of the collection of information practical utility; (b) the accuracy of the National Agricultural Library’s intent to on those who respond, including the agency’s estimate of the burden of the request renewal of an approved use of appropriate automated, collection of information including the electronic mailing list subscription form electronic, mechanical, or other validity of the methodology and from those whose who work in the field technology. Comments should be sent to assumptions used; (c) ways to enhance of nutrition. the address in the preamble. All the quality, utility and clarity of the DATES: Comments on this notice must be responses to this notice will be information to be collected; and (d) received by November 23, 2015 to be summarized and included in the request ways to minimize the burden of the assured of consideration. for Office of Management and Budget collection of information on (OMB) approval. All comments will ADDRESSES: Address all comments respondents, including through the use become a matter of public record. concerning this notice to Wendy Davis, of appropriate automated, electronic, Program Leader, Nutrition and Food Dated: September 10, 2015. mechanical, or other technological Safety, U.S. Department of Agriculture Simon Y. Liu, collection techniques or other forms of National Agricultural Library, 10301 Associate Administrator, ARS. information technology. Comments may be sent to: Thomas P. Dickson, Acting Baltimore Avenue, Beltsville, Maryland [FR Doc. 2015–24258 Filed 9–23–15; 8:45 am] Director, Program Development and 20705. Comments may be sent by fax to BILLING CODE 3410–03–P (301) 504–6409, or email to Regulatory Analysis, USDA Rural [email protected]. Utilities Service, 1400 Independence Avenue SW., STOP 1522, Washington, FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF AGRICULTURE DC 20250–1522. Telephone: (202) 690– Wendy Davis, telephone (301) 504– 4492. FAX: (202)720–8435 or email: 6369. Rural Utilities Service [email protected]. SUPPLEMENTARY INFORMATION: Information Collection Activity; Title: 7 CFR part 1717, subpart Y, Title: Electronic Mailing List Comment Request Settlement of Debt Owed by Electric Subscription Form. Borrowers. OMB Number: 0518–0036. AGENCY: Rural Utilities Service, USDA. OMB Control Number: 0572–0116. Expiration Date: 2/29/2016. ACTION: Notice and request for Type of Request: Extension of a Type of Request: Approval for data comments. currently approved information collection from individuals working in collection package. the area of nutrition. SUMMARY: In accordance with the Abstract: The Rural Utilities Service Abstract: This form contains seven Paperwork Reduction Act of 1995 (44 makes mortgage loans and loan items and is used to collect information U.S.C. Chapter 35, as amended), the guarantees to electric systems to provide about participants who are interested in United States Department of Agriculture and improve electric service in rural joining an electronic discussion group. (USDA) Rural Utilities Service (RUS) areas pursuant to the Rural The form collects data to see if a person invites comments on this information Electrification Act of 1936, as amended is eligible to join the discussion group. collection for which approval from the (7 U.S.C. 901 et seq.) (RE Act). This
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information collection requirement STATUS: Open to the public. DEPARTMENT OF COMMERCE stems from passage of Public Law 104– MATTERS TO BE CONSIDERED: The 127, on April 4, 1996, which amended Submission for OMB Review; section 331(b) of the Consolidated Farm Chemical Safety and Hazard Comment Request and Rural Development Act (7 U.S.C. Investigation Board (CSB) will convene 1921 et seq.) to extend to RUS the a public meeting on September 30, The Department of Commerce will Secretary of Agriculture’s authority to 2015, starting at 6:00 p.m. CDT at the submit to the Office of Management and settle debts with respect to loans made Hilton Americas—Houston, 1600 Lamar Budget (OMB) for clearance the or guaranteed by RUS. Only those Street, Houston, Texas 77010. The following proposal for collection of electric borrowers that are unable to Board will discuss its investigation of information under the provisions of the fully repay their debts to the the incident at the DuPont LaPorte Paperwork Reduction Act (44 U.S.C. Government and who apply to RUS for facility that claimed four lives. CSB chapter 35). relief will be affected by this Staff will present interim findings and Agency: U.S. Census Bureau. information collection. proposed recommendations for the Title: Service Annual Survey (SAS). OMB Control Number: 0607–0422. The collection will require only that Board’s review and approval. Form Number(s): There are 162 information which is essential for individual collection instruments in the determining: The need for debt Additional Information SAS, each having its own form number. settlement; the amount of relief that is The meeting is free and open to the Type of Request: Revision of a needed; the amount of debt that can be public. If you require a translator or currently approved collection. repaid; the scheduling of debt interpreter, please notify the individual Number of Respondents: 82,240. repayment; and, the range of listed below as the ‘‘Contact Person for Average Hours per Response: 3.73063 opportunities for enhancing the amount Further Information,’’ at least three hours. of debt that can be recovered. The business days prior to the meeting. Burden Hours: 306,807. information to be collected will be Needs and Uses: Over 50 percent of similar to that which any prudent This meeting will be webcast for those all economic activity is accounted for by lender would require to determine who cannot attend in person. Please ‘‘services’’ defined to exclude retail and whether debt settlement is required and visit www.csb.gov for access to the live wholesale trade. The U.S. Census the amount of relief that is needed. webcast. Bureau currently measures the total Since the need for relief is expected to The CSB is an independent federal output of most of these service vary substantially from case to case, so agency charged with investigating industries annually in the Service will the required information collection. accidents and hazards that result, or Annual Survey (SAS). This survey Estimate of Burden: Public reporting may result, in the catastrophic release of currently covers all or some of: Utilities; for this collection of information is extremely hazardous substances. The Transportation and Warehousing; estimated to average 1,000 hours per Information; Finance and Insurance; response. agency’s Board Members are appointed by the President and confirmed by the Real Estate and Rental and Leasing; Respondents: Not-for-profit Professional, Scientific, and Technical institutions and other businesses. Senate. CSB investigations look into all aspects of chemical accidents and Services; Administration and Support Estimated Number of Respondents: 1. and Waste Management and Estimated Number of Responses per hazards, including physical causes such as equipment failure as well as Remediation Services; Educational Respondent: 1. Services; Health Care and Social Estimated Total Annual Burden on inadequacies in regulations, industry Assistance; Arts, Entertainment, and Respondents: 1,000 hours. standards, and safety management Recreation; and Other Services as Copies of this information collection systems. defined by the North American Industry can be obtained from Rebecca Hunt, Classification System (NAICS). Program Development and Regulatory Public Comment Beginning with survey year 2016, which Analysis at (202) 205–3660. FAX: (202) The time provided for public will be mailed in January 2017, 720–8435. statements will depend upon the Accommodation and Food Services will All responses to this notice will be number of people who wish to speak. also be collected as part of the SAS. summarized and included in the request Speakers should assume that their Previously the accommodation and food for OMB approval. All comments will also become a presentations will be limited to five services industry was collected as part matter of public record. minutes or less, but commenters may of the Annual Retail Trade Survey submit written statements for the (ARTS), OMB number 0607–0013. The Dated: September 18, 2015. record. reason is that under the NAICS Brandon McBride, structure, the Accommodation and Food Administrator, Rural Utilities Service. Contact Person for Further Information Services sector is classified under [FR Doc. 2015–24225 Filed 9–23–15; 8:45 am] Shauna Lawhorne, Public Affairs services rather than retail. Estimates from the SAS are essential BILLING CODE P Specialist, [email protected] or (202) 384– to a better understanding and higher 2839. Further information about this quality estimates of economic growth, public meeting can be found on the CSB real output, prices, and productivity for CHEMICAL SAFETY AND HAZARD Web site at: www.csb.gov. INVESTIGATION BOARD our nation’s economy. A broad Dated: September 21, 2015. spectrum of government and private Sunshine Act Meeting Kara Wenzel, stakeholders use these estimates in Acting General Counsel, Chemical Safety and analyzing business and economic TIME AND DATE: September 30, 2015, 6:00 Hazard Investigation Board. sectors; developing statistics on p.m. CDT. services; forecasting economic growth; [FR Doc. 2015–24386 Filed 9–22–15; 11:15 am] PLACE: Hilton Americas—Houston, 1600 and compiling data on productivity, Lamar Street, Houston, Texas 77010 BILLING CODE 6350–01–P prices, and the gross domestic product
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(GDP). In addition, trade and This information collection request level outcomes. Since every professional organizations use these may be viewed at www.reginfo.gov. establishment in the MOPS sample is estimates to analyze industry trends, Follow the instructions to view also in the ASM, the results of MOPS benchmark their own statistical Department of Commerce collections 2010 were linked with certainty to programs, and develop forecasts. Private currently under review by OMB. annual performance data at the plant businesses use these estimates to Written comments and level, including outcomes on sales, measure market share, analyze business recommendations for the proposed shipments, payroll, employment, potential, and plan investments. information collection should be sent inventories, capital expenditure, and Comprehensive, comparative annual within 30 days of publication of this more for the period 2009–2013. data on the services sector are not notice to OIRA_Submission@ Furthermore, the existence of the available from any other source. omb.eop.gov or fax to (202) 395–5806. Longitudinal Business Dataset (LBD) enables future longitudinal research on Annual Services Report is the Sheleen Dumas, collection instrument for the SAS. The establishment-level management PRA Lead, Office of the Chief Information practices and allows researchers to link key inquiries for the SAS are total Officer. revenue, total expenses, and general MOPS data to the Manufacturing expense detail items. For some sectors, [FR Doc. 2015–24214 Filed 9–23–15; 8:45 am] component of the quinquennial we also collect revenue detail items that BILLING CODE 3510–07–P Economic Census (sent to all are specific to a particular industry. The manufacturers with paid employees for years ending in ‘2’ or ‘7’). availability of these data greatly DEPARTMENT OF COMMERCE improves the quality of the Understanding the determinants of productivity growth is essential to intermediate-inputs and value-added Submission for OMB Review; understanding the dynamics of the U.S. estimates in BEA’s annual input-output Comment Request and GDP by industry accounts. economy. The MOPS provides A new sample will be introduced The Department of Commerce will information on whether the large and with the 2016 SAS survey year. In order submit to the Office of Management and persistent differences in productivity to link estimates from the new and prior Budget (OMB) for clearance the across establishments (even within the samples, we will be asking companies to following proposal for collection of same industry) are partly driven by provide data for 2016 and 2015. The information under the provisions of the differences in management and 2017 SAS and subsequent years will Paperwork Reduction Act (44 U.S.C. organizational practices. In addition to request one year of data until a new chapter 35). increasing our understanding of the sample is once again introduced. Agency: U.S. Census Bureau. dynamics of the economy, MOPS data The estimates produced in the SAS Title: 2015 Management and provides policymakers with some guidance while they attempt to raise are critical to the accurate measurement Organizational Practices Survey. aggregate productivity levels. of total economic activity. OMB Control Number: 0607–0963. Form Number(s): MP–10002. Policymakers, such as the Federal • The Bureau of Economic Analysis Type of Request: Reinstatement, with Reserve Board and the Department of (BEA), the primary Federal user, uses change, of an expired collection. Commerce can use MOPS data to gain the estimates to develop the national Number of Respondents: 50,000. a greater understanding of the current income and product accounts, compile Average Hours per Response: 45 state and evolution of management and benchmark and annual input-output minutes. organizational practices, which can in tables, and compute GDP by industry. Burden Hours: 37,500. • turn aid the policymakers in forecasting The Bureau of Labor Statistics (BLS) Needs and Uses: The Census Bureau future productivity growth. uses the estimates as inputs to its is requesting clearance for the 2015 The MOPS provides information on Producer Price Indexes and in Management and Organizational differences in manufacturing developing productivity measurements. Practices Survey (MOPS). This survey management and organizational • The Centers for Medicare and will utilize the Annual Survey of practices by region, industry, and firm Medicaid Services (CMS) use the Manufactures (ASM) survey panel size. Since the MOPS data are also estimates for program planning and collecting information on management connected with annual performance development of the National Health and organizational practices at the data, the MOPS results directly aid Expenditure Accounts. establishment level. Data obtained from policy discussion about the potential • The Federal Communications the survey will allow us to estimate a impact of programs. As a result, the Commission (FCC) uses the estimates to firm’s stock of management and MOPS data are also particularly assess the impact of regulatory policies. organizational assets, specifically the important for understanding what • International agencies use the use of establishment performance data, policymakers can do to assist U.S. estimates to compare total domestic such as production targets in decision- manufacturing companies as they react output to changing international making and the prevalence of to a changing economy. activity. decentralized decision rights. The Further, the 2015 MOPS include two • Private industry also uses the results will provide information on new modules that were not included in estimates as a tool for marketing investments in management and the 2010 MOPS. Reflecting the analysis. organizational practices thus providing increasing use of data to make Affected Public: Business or other for- a better understanding of the benefits production decisions, the MOPS profit, Not-for-profit institutions, from these investments when measured expanded the information collected on Federal Government. in terms of firm productivity or firm this subject (relative to 2010) into a Frequency: Annually. market value. module on ‘‘Data and Decisions Respondent’s Obligation: Mandatory. The MOPS was first collected in 2010, Making’’. Understanding the Legal Authority: Title 13, United and no subsequent MOPS have been characteristics of businesses that rely States Code, Sections 131 and 182 collected. The 2010 MOPS results had upon data in making decisions helps authorize the collection. Sections 224 the significant benefit of being linked to businesses and policymakers and 225 make reporting mandatory. the Census Bureau’s data sets on plant understand the decision-making process
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of businesses. In addition, if the Census Paperwork Reduction Act (44 U.S.C. they report on the on-line questionnaire Bureau better understands how chapter 35). at the time of data submission for their businesses retain and analyze their own Agency: U.S. Census Bureau. records. data, the Census Bureau can better plan Title: Commodity Flow Survey The six items on the on-line future collections and reduce Advance Questionnaire; a Component of questionnaire attempt the following for respondent burden. the 2017 Economic Census. each establishment/location: Policymakers and businesses are also OMB Control Number: 0607–0921. (1) Verify shipping status increasingly aware of the impact of Form Number(s): None. (2) Verify and update physical shipping uncertainty on decisions such as hiring Type of Request: Reinstatement, with address and investing in capital. The 2015 change, of an expired collection. (3) Determine the amount of annual MOPS also has a new module on Number of Respondents: 150,000. shipping activity Average Hours per Response: 5 ‘‘Uncertainty’’ that will help researchers (4) Verify and update mailing address/ minutes. contact information better understand the effects of Burden Hours: 12,500. uncertainty on management decisions. Needs and Uses: The U.S. Census All information collected in the 2017 A notice published in the Federal Bureau plans to conduct the 2017 CFS Advance Questionnaire will be Register on April 21, 2015, announcing Commodity Flow Survey (CFS) as a part used internally to improve the 2017 CFS our intention to submit this request did of the quinquennial Economic Census. universe and mail-out processing. not mention the inclusion of these two In advance of the 2017 CFS, we will Affected Public: Business or other for- new modules. The decision to include conduct the 2017 CFS Advance profit. Frequency: Every 5 years. the modules was made subsequent to Questionnaire, which is the subject of the publication of that notice. Respondent’s Obligation: Mandatory. this request. The 2017 CFS will be the Legal Authority: The Census Bureau From the 2010 MOPS, the Census subject of a separate Office of Bureau created a press release, ‘‘Census will conduct the 2017 CFS Advance Management and Budget (OMB) Questionnaire under authority of title Bureau Offers First-Ever Large Scale clearance submission in the spring of Look at American Management 13, U.S.C., sections 8(b), 131 and, 193. 2016. Title 13, U.S.C., sections 224 and 225 Practices’’. Pending an Internal Revenue The information collected in the 2017 require response. The BTS also has Service review of the file, the Census CFS Advance Questionnaire will be authority to collect these data based on Bureau intends to release a Public Use used to: Improve the quality of the its enabling legislation at 49 U.S.C., Microdata File from the 2010 collected information the Census Bureau has on responses. section 6302. the 2017 CFS universe with associated This information collection request Affected Public: Business or other for- improvements in sampling efficiency, profit. may be viewed at www.reginfo.gov. and to provide contact information for Follow the instructions to view Frequency: One time. the selected establishments, reducing Respondent’s Obligation: Mandatory. Department of Commerce collections the cost and improving the timeliness of currently under review by OMB. Legal Authority: The 2015 MOPS will be data collection for the 2017 CFS. Written comments and conducted under authority of title 13, United The CFS, a component of the recommendations for the proposed States Code, sections 131, and 182. The Economic Census, is the only collection is mandatory under the provisions information collection should be sent comprehensive source of multi-modal, within 30 days of publication of this of title 13, United Sates Code, sections 224, system-wide data on the volume and and 225. notice to OIRA_Submission@ pattern of goods movement in the omb.eop.gov or fax to (202) 395–5806. This information collection request United States. The CFS is conducted in may be viewed at www.reginfo.gov. partnership with the Bureau of Sheleen Dumas, Follow the instructions to view Transportation Statistics (BTS), Office of PRA Lead, Office of the Chief Information Department of Commerce collections the Assistant Secretary for Research and Officer. currently under review by OMB. Technology, U.S. Department of [FR Doc. 2015–24232 Filed 9–23–15; 8:45 am] Written comments and Transportation. BILLING CODE 3510–07–P recommendations for the proposed An advance letter will be mailed to a information collection should be sent sample from U.S. manufacturing, within 30 days of publication of this mining, and wholesale establishments, DEPARTMENT OF COMMERCE notice to OIRA_Submission@ enterprise support establishments, omb.eop.gov or fax to (202) 395–5806. electronic shopping, mail-order houses, Economics and Statistics and publishing establishments, and Administration Sheleen Dumas, establishments expected to be selected PRA Lead,Office of the Chief Information with certainty in the 2017 CFS. Selected Commerce Data Advisory Council; Officer. small establishments from industries Public Meeting [FR Doc. 2015–24233 Filed 9–23–15; 8:45 am] with a high incidence of non-shipping AGENCY: Economic and Statistics BILLING CODE 3510–07–P activity will also receive the letter. The Administration, Commerce. Census Bureau is streamlining ACTION: Notice of public meeting. operations to conserve taxpayer time DEPARTMENT OF COMMERCE and money. This includes moving from SUMMARY: The Economic and Statistics Submission for OMB Review; paper-based data collection operations Administration (ESA) is giving notice of Comment Request to on-line-based data collection the third meeting of the Commerce Data operations. The letter will direct the Advisory Council (CDAC). The CDAC The Department of Commerce will selected establishments to complete the will discuss environmental data, submit to the Office of Management and on-line 2017 CFS Advance workforce capabilities to improve data Budget (OMB) for clearance the Questionnaire. No paper questionnaires operations, data protection, and other following proposal for collection of were created for mailing. Respondents Council matters. The CDAC will meet in information under the provisions of the will have the opportunity to print what a plenary session on October 29–30,
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2015. Last-minute changes to the required to present a government photo Commerce. The CDAC provides advice schedule are possible, which could identification, such as a passport, and recommendations, to include prevent giving advance public notice of driver’s license, or government process and infrastructure schedule adjustments. identification. U.S. citizens must improvements, to the Secretary, DOC DATES: October 29–30, 2015. On October present a U.S. photo ID, such as a and the DOC data-bureau leadership on 29th, the meeting will begin at current state driver’s license. Foreign ways to make Commerce data easier to approximately 9 a.m. and end at Nationals must present a valid passport find, access, use, combine and approximately 5 p.m. (MT). On October or a permanent resident ID (‘‘green disseminate. The aim of this advice 30th, the meeting will begin at card’’). All IDs must be originals only— shall be to maximize the value of approximately 9 a.m. and end at no photocopies accepted. Foreign Commerce data to all users including approximately 1 p.m. (MT). nationals participating in the public governments, businesses, communities, meeting are subject to advance security ADDRESSES: The meeting will be held at academia, and individuals. screening procedures. The Committee is established in National Oceanic and Atmospheric Forms of ID: Department of Homeland accordance with the Federal Advisory Administration’s David Skaggs Research Security has determined that regular Committee Act (Title 5, United States Center, 325 Broadway, Boulder, CO driver’s licenses (and ID cards) from the Code, Appendix 2, Section 10(a)(b)). 80305. following jurisdictions are not The meeting is open to the public (See Dated: September 19, 2015. acceptable for entry into the facilities: ‘‘ENTRY REQUIRMENTS’’). Members of Austin Durrer, American Samoa, Arizona, Louisiana, the public are welcome to observe the Chief of Staff for Under Secretary for Maine, Minnesota, and New York. business of the meeting in person or via Economic Affairs, Economics and Statistics Driver’s licenses from these states or webcast on the CDAC Web site linked Administration. territory will not be accepted for to http://www.esa.gov. A public [FR Doc. 2015–24334 Filed 9–23–15; 8:45 am] building entry. comment session is scheduled on Alternatively, forms of acceptable ID BILLING CODE P Friday, October 30, 2015. The public are: may submit statements or questions in person or via the CDAC Twitter handle: —Enhanced IDs from New York; DEPARTMENT OF COMMERCE #CDACMTG. If you plan to make oral —U.S. Passport or Passport card; —DOD CAC card; Bureau of Industry and Security statements regarding any of the items on —Federal Agency HSPD–12 IDs; the agenda, you must may sign-up on —Veterans ID; Order Relating to Aiman Ammar, site prior to the Public Comment —Military ID; Rashid Albuni, Engineering session. However, individuals with —Military Dependents ID; Construction & Contracting Co., extensive questions or statements must —Trusted Traveler card—Global Entry, SENTRI, or NEXUS; and Advanced Tech Solutions, and iT Wave submit them in writing to: FZCO [email protected] (subject —Transportation Workers Identification Credential (TWIC). line ‘‘OCTOBER 2015 CDAC Meeting Washington, DC 20230 Public Comment’’), or by letter to the Please visit the ‘‘Security Procedure In the Matter of: Aiman Ammar, a/k/a Director of External Communication and for Visitors’’ on the Boulder Labs Web Ayman Ammar, with last known addresses DFO, CDAC, Department of Commerce, site http://www.boulder.noaa.gov/ of: Princess Tower, Apartment 3803, Al Economics and Statistics ?q=node/3 for the complete list of entry Sufouh Street, Dubai Marina, Dubai, UAE Administration, 1401 Constitution Ave. requirements for the David Skaggs and 1265 Camden Way, Yuba City, CA Research Center. 95991; Rashid Albuni, with last known NW., Washington, DC 20230. Such addresses of: Dubai Silicon Oasis, Office # submissions will be included in the The meeting is physically accessible to persons with disabilities. Requests for AG 05–2, Dubai, UAE and The Gardens record for the meeting if received by Building 65, Apartment 12, Dubai, UAE; Tuesday, October 20, 2015. sign language interpretation or other Engineering Construction & Contracting Co., Entry Requirements: If you plan to auxiliary aids should be directed to the with last known addresses of: P.O. Box attend the meeting in person, you must Director of External Communication as 25858, Damascus, Syria and Abu Romana complete registration no later than soon as possible, preferably two weeks Area, Shahin Building, Ground Floor, Tuesday, October 20, 2015. To register, prior to the meeting. Damascus, Syria; Advanced Tech Solutions, a/k/a Advanced Technology Solutions, with please send an email to Seating is available to the public on a first-come, first-served basis. last known addresses of: P.O. Box 25858, [email protected] with the Damascus, Syria and Moasa Square, Takriti following information: FOR FURTHER INFORMATION CONTACT: Building, Fourth Floor, Damascus, Syria; iT 1. First and Last name; Burton Reist, [email protected] Director of Wave FZCO, a/k/a iT-Wave, a/k/a ITEX- 2. Organization (if applicable); External Communication and DFO, Wave FZCO, with last known addresses of: 3. Email address; CDAC, Department of Commerce, Dubai Silicon Oasis, Office # AG 05–2, Dubai, 4. State of ID (if applicable), Economics and Statistics UAE and The Gardens Building 65, 5. Indicate if you are a U.S. Citizen or Administration, 1401 Constitution Ave. Apartment 12, Dubai, UAE, Respondents a Foreign National; and NW., Washington, DC 20230, telephone 14–BIS–0006 6. If you are a not a citizen, please (202) 482–3331. The Bureau of Industry and Security, indicate your country of citizenship. SUPPLEMENTARY INFORMATION: The CDAC U.S. Department of Commerce (‘‘BIS’’), On-Site Security Requirements: Due to is comprised of 19 members, the has notified Aiman Ammar a/k/a the required security screening upon Commerce Chief Data Officer, and the Ayman Ammar (‘‘Ammar’’), of Dubai, entry, individuals attending should Economic and Statistics Administration. United Arab Emirates (‘‘U.A.E.’’), arrive early to allow for the extra time The Council provides an organized and Rashid Albuni (‘‘Albuni’’), of Dubai, to clear the security process. Each continuing channel of communication U.A.E., Engineering Construction & visitor to the David Skaggs Research between recognized experts in the data Contracting Co. (‘‘ECC’’), of Damascus, Center is required to sign in and receive industry (collection, compilation, Syria, Advanced Technology Solutions a visitor badge from the Visitors Center. analysis, dissemination and privacy a/k/a Advanced Tech Solutions Each person attending the meeting is protection) and the Department of (‘‘ATS’’), of Damascus, Syria, and iT
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Wave FZCO a/k/a iT-Wave a/k/a ITEX- pursuant to the conspiracy were valued A. Equipment and Software Unlawfully Wave FZCO (‘‘iT-Wave’’), of Dubai, in total at approximately $1.8 million. Procured by Respondents in 2010–2011 U.A.E. (collectively, ‘‘Respondents’’), 2. The United States has a long- for Use in Monitoring and Controlling that it has initiated an administrative standing and widely-known trade Web Traffic, including by the Syrian proceeding against the Respondents embargo against Syria. With the Telecommunications Establishment pursuant to Section 766.3 of the Export (‘‘STE’’) exception of certain medicines and Administration Regulations (the 5. In or about August 2010, Albuni, ‘‘Regulations’’),1 and Section 13(c) of food, no item subject to the Regulations may be exported or reexported to Syria holding himself out as General Manager the Export Administration Act of 1979, of ATS of Damascus, Syria, requested as amended (the ‘‘Act’’),2 through the without a Department of Commerce license, as set forth at all times pertinent pricing information from a regional issuance of a Charging Letter to reseller for products produced by Blue Respondents that alleges that hereto in General Order No. 2, codified Coat Systems, Inc., of Sunnyvale, Respondents violated the Regulations. in Supplement No. 1 to part 736 of the California (‘‘Blue Coat’’). The regional Specifically, the charges are: Regulations.4 As to all Respondents: reseller provided the order to 3. In furtherance of the conspiracy, Computerlinks FZCO, the authorized Charge 1 15 CFR 764.2(d)— Ammar and Albuni directed activities in distributor in the Middle East for Blue Conspiracy To Export or Reexport to and/or from the U.A.E. and Syria in a Coat. On or about October 29, 2010, Syria Computer Equipment and scheme to export or reexport U.S.-origin Computerlinks FZCO placed with Blue Software Designed for Use in or U.S.-controlled equipment and Coat an order for eight devices used to Monitoring and Controlling Web Traffic software for use in Syria and in several monitor and control web traffic along 1. Ammar, Albuni, ECC, ATS, and iT- instances to fulfill contracts with the with accompanying equipment and Wave conspired and acted in concert state-run STE. As set forth in further software. In order to evade the with others, known and unknown, to detail below, Albuni negotiated sales, Regulations, Albuni concealed the fact bring about or do an act that constitutes submitted purchase orders, and served that the items were destined for Syria, a violation of the Regulations. The as the end user contact for shipments of by falsely representing to Blue Coat, conspiracy was formed by and among controlled items while identifying through Computerlinks FZCO and the Ammar, Albuni, ECC, and ATS in or himself as General Manager of ATS, a regional reseller, that the items were about October 2010. iT-Wave joined the Syrian company that has been in intended for the Iraq Ministry of conspiracy by no later than in or about operations in the U.A.E., and as Telecom, and provided his personal January 2013, and the conspiracy Manager of iT-Wave, which identifies email address as the end user contact, continued through at least in or about itself as an internet computer which also did not indicate a Syrian March 2013. The purpose of the technology company based in the U.A.E. location. Upon receiving the order, Blue Coat reexported the items from its conspiracy was to bring about exports with operations in Syria. Ammar facility in the Netherlands to and reexports without the required U.S. directed payments for the unlawful Computerlinks FZCO in the U.A.E. On Government authorization to Syria, exports and reexports to Syria from including the Syrian or about December 15, 2010, personal and business bank accounts, Telecommunications Establishment Computerlinks FZCO directed the items’ including payments from the accounts (‘‘STE’’), of computer equipment and transfer within the U.A.E. for their software designed for use in monitoring of ECC, a company based in Damascus, subsequent shipment to ECC in and controlling Web traffic and of other Syria. ECC and ATS share the same P.O. Damascus, Syria, for use by the state-run associated equipment. All of these items Box address in Damascus, Syria, and STE. A shipping request notice were subject to the Regulations, and upon information and belief are related identified Ammar as the point of contact nearly all of them were classified under companies. Ammar also identified at ECC for the shipment. Export Control Classification Number himself as the Chief Executive Officer of 6. On or about December 31, 2010, (‘‘ECCN’’) 5A002 and controlled for iT-Wave. using the same reseller and distributor National Security and Anti-Terrorism 4. Both directly and through regional channel as for the October 29, 2010 reasons and as Encryption Items.3 The resellers, Ammar, Albuni, ECC, ATS, order, a second order was placed for six items exported or reexported to Syria and iT-Wave arranged for the of the same Blue Coat devices, again procurement of U.S.-origin or U.S.- with false information being provided 1 indicating that the items were intended The Regulations are currently codified in the controlled items for use in Syria. Code of Federal Regulations at 15 CFR parts 730 for the Iraq Ministry of Telecom and Through various entities, these through 774 (2015). The charged violations listing the end user contact as Albuni, occurred in 2010–2013. The Regulations governing individuals falsely represented, directly when the items were in fact destined for the violations at issue are found in the 2010–2013 and indirectly, to U.S. companies or versions of the Code of Federal Regulations (15 CFR Syria. Upon receiving the order, Blue parts 730 through 774). The 2015 Regulations set their authorized distributors or resellers Coat shipped the items from the United forth the procedures that apply to this matter. that the items were intended for end States to Computerlinks FZCO in the 2 50 U.S.C. app. sections 2401–2420 (2000). Since users in such locations as Iraq, U.A.E. On or about February 9, 2011, August 21, 2001, the Act has been in lapse and the Afghanistan, Turkey, Egypt and U.A.E, President, through Executive Order 13222 of August Computerlinks FZCO directed that three 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which when they actually were intended for of the six devices be transferred within has been extended by successive Presidential Syria, primarily STE. the U.A.E. for their subsequent Notices, the most recent being that of August 7, shipment to ECC in Damascus, Syria. In 2015 (80 FR 48233 (Aug. 11, 2015)), has continued the Regulations in effect under the International an air waybill dated February 10, 2011, 4 General Order No. 2 was issued pursuant to the Emergency Economic Powers Act (50 U.S.C. 1701, the freight forwarder identified Ammar et seq.) (2006 & Supp. IV 2010). Syria Accountability and Lebanese Sovereignty Restoration Act of 2003. On December 12, 2011, the as the point of contact for ECC in 3 A limited number of the items were designated Damascus, Syria. as ‘‘EAR99’’ under the Regulations. EAR99 is a controls on exports and reexports to Syria were designation for items that are subject to the moved to Section 746.9 of the Regulations. The 7. To satisfy outstanding bills to Regulations, but not listed on the Commerce licensing requirements continued unchanged. See Computerlinks FZCO for the items for Control List. 76 FR 77115 (Dec. 12, 2011). which they falsely stated were for use in
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Iraq, Albuni and Ammar arranged or B. Additional Equipment Unlawfully hard drives arrived in Damascus, Syria, directed four wire transfers to Procured by Respondents in 2011 for in early March 2013. Computerlinks FZCO between February Use by STE 14. Following the failure of additional hard drives, STE sought to acquire more 2, 2011, and May 17, 2011, from both 11. On or about March 24, 2011, hard drives through Albuni. On or about Ammar and ECC. Prompted by an email Albuni, through his ATS email account, March 6, 2013, Albuni, holding himself dated April 6, 2011, from an notified a different regional reseller that out as a representative of iT-Wave, intermediary connected with these ATS had received an STE contract and placed another order with the same U.S. shipments, Albuni was asked to arrange needed assistance in placing orders for company for the same type of hard a letter for Ammar to transfer the the Brocade ServerIron ADX 1000 and drives, again falsely stating that the remaining balance owed to related items. These items distribute items were intended for iT-Wave in Computerlinks FZCO. Ammar had network or application traffic (load previously made a wire transfer as an Dubai, U.A.E., when in fact the items balance) across a number of servers to were destined for STE in Syria. On or initial deposit payment to increase capacity and reliability of about the same day, the hard drives Computerlinks FZCO on February 2, applications for networks and large were shipped from the United States to 2011. He directed a second payment enterprise data centers. On March 27, iT-Wave in Dubai and transshipped to from ECC on April 13, 2011, and made 2011, an employee of this regional Syria after their arrival in the U.A.E. two additional wire transfer payments reseller responded that he was Financial records maintained by from an account in his name in negotiating about the order with Ammar, who served both as CEO of iT- Damascus, Syria, on May 12 and 17, Mindware, Brocade’s authorized reseller Wave and Managing Director of ECC, 2011. in the Middle East, and that he had indicate that ECC paid for the transport 8. On or about May 15, 2011, using a requested that the reseller ask Brocade of the hard drives from Dubai to similar reseller and distribution to start the manufacturing process so Damascus, Syria, for use by STE. that the items could be delivered in six channel, an order was placed for five D. Knowledge more devices, along with accompanying weeks. After receiving the regional equipment and software, from Blue reseller’s invoice, Albuni secured 15. As set forth above, Respondents payment for the items from Ammar, Coat, this time falsely stating that the knew at all pertinent times hereto that who, on or about May 10, 2011, directed items were intended for Liwalnet, an the items were destined for end users in payment to the regional reseller for the Internet service provider in Afghanistan, Syria, as evidenced by, inter alia, email order from ECC’s bank account. when in fact the items were again discussions among and between 12. When Brocade, the U.S. destined for Syria. After the items Respondents, the resellers and the manufacturer, requested end user forwarders that indicated the final arrived in the U.A.E. from the information in conjunction with its destination was Syria, shipping Netherlands, on or about May 26, 2011, approval of the order on or about April documents showing Syria as the Computerlinks FZCO directed its freight 11, 2011, false information was ultimate destination, and wire transfer forwarder to consolidate the remaining provided indicating that the end user payment made from Syria for the items. three of the six devices and software was a company in Egypt, when in fact 16. Respondents also knew at all from the December 31, 2010 order, along the items were destined for STE in times pertinent hereto that exports and with the five devices and software from Syria. When the order arrived in the reexports of the items to Syria were the May 15, 2011 order, and transfer the U.A.E. in early May 2011, a co- prohibited by the United States’ trade ownership of all eight devices and the conspirator traveled from Damascus to embargo against Syria and related accompanying equipment within the Dubai to inspect the shipment and export control laws. For example, in an U.A.E. After the transfer of ownership, found the shipment to be acceptable. interview with BIS and the Department Albuni, identifying himself as General Emails received by Albuni indicate that of Homeland Security special agents on Manager of ATS, directed the the shipment was eventually delivered or about August 6, 2013, Ammar subsequent shipment of the items to to Syria on or about May 17, 2011. admitted that he was ‘‘one hundred Syria. percent’’ aware of U.S. sanctions on C. Hard Drives Unlawfully Procured by Syria and stated that ‘‘[b]efore the 9. Finally, on or about June 5, 2011, Respondents in 2013 for Use by STE an order was placed for three additional sanctions started, I worked for this Blue Coat devices, along with 13. Subsequently, in emails and other American company . . . and when the accompanying equipment and software, correspondence among STE and Albuni sanctions started, they told me to Syria this time falsely stating that the items at ATS and iT-Wave, STE identified we cannot ship.’’ During this interview, were destined purportedly for Turkey hard drive issues relating to three he had a business card that identified for a company named Turkish Marine products, some of which were items him as the managing director of ECC. Services, when the items were in fact exported or reexported in 2010–2011 as Based on emails, Albuni, in turn, was part of the conspiracy. On or about destined for Syria. After the items aware of U.S. sanctions on Syria, which January 29, 2013, Albuni, identifying arrived in the U.A.E. from the prevented U.S. companies from having himself as a representative of iT-Wave, Netherlands, on or about June 27, 2011, registered partners in Syria, as early as placed orders with a U.S. company for in or about October 2009. Moreover, in Computerlinks FZCO directed its freight three hard drives, falsely stating that the correspondence dated November 29, forwarders to transfer ownership of the items were intended for iT-Wave in 2010, Albuni indicated that he knew items within the U.A.E. Albuni in his Dubai, U.A.E., when in fact the items that there were problems shipping to capacity as General Manager of ATS were destined for STE in Syria. On or Syria and suggested placing STE orders directed the freight forwarder to ship to about January 30, 2013, the hard drives through a regional reseller, falsely him at ATS, which has the same address were shipped from the United States to stating that the items were for an Iraq as ECC in Syria. the U.A.E. to a ship to and bill to project. 10. ECC paid for the May and June address for iT-Wave in Dubai, U.A.E., 17. As also set forth above, Ammar orders by two wire transfers dated, and transshipped to Syria after their and Albuni managed and/or controlled respectively, July 12 and 14, 2011. arrival in Dubai. Emails indicate that the ECC, ATS, and iT-Wave, through which
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they and their other co-conspirators, Charges 7–8: 15 CFR 764.2(h)—Evasion interest as more fully described in the named and unnamed, acted in concert 23. As set forth in Paragraphs 1–4 and attached Notice, and if payment is not pursuant to a scheme involving a series 13–17, supra, which are realleged and made by the due date specified herein, of transactions to evade the Regulations. incorporated herein, between in or Respondents will be assessed, in 18. In so doing, Ammar, Albuni, ECC, about January 2013, and in or about addition to the full amount of the civil ATS, and iT-Wave each violated Section March 2013, Ammar, Albuni, ECC, and penalty and interest, a penalty charge 764.2(d) of the Regulations. iT-Wave engaged in transactions or took and an administrative charge, as more actions with the intent to evade the fully described in the attached Notice. As to all Respondents except iT-Wave: THIRD, for the applicable time Regulations in connection with the periods, starting from the date of this Charges 2–5: 15 CFR 764.2(h)—Evasion unlawful export or reexport to Syria of Order, that are set forth in Paragraph items subject to the Regulations for use 19. As set forth in Paragraphs 1–10 Sixth below, Aiman Ammar a/k/a by STE. The items were U.S.-origin hard Ayman Ammar, with last known and 15–17, supra, which are realleged drives designated as EAR99 and valued and incorporated herein, on four addresses of Princess Tower, Apartment in total at approximately $884. Ammar, 3803, Al Sufouh Street, Dubai Marina, occasions from on or about October 29, Albuni, ECC, and iT-Wave knew at all 2010, through in or about July 2011, Dubai, U.A.E., and 1265 Camden Way, times pertinent hereto that exports or Yuba City, CA 95991; Rashid Albuni, Albuni, Ammar, ECC, and ATS engaged reexports of the items to Syria were in transactions or took actions with with last known addresses of The prohibited by the Regulations. Gardens Building 65, Apartment 12, intent to evade the Regulations in 24. In so doing, Ammar, Albuni, ECC, connection with the unlawful export Dubai, U.A.E., and Dubai Silicon Oasis, and iT-Wave committed two violations Office #AG 05–2, Dubai, U.A.E.; and reexport to Syria of items subject to of Section 764.2(h) of the Regulations the Regulations. The items included Engineering Construction & Contracting and are jointly and severally liable for Co., with last known addresses of P.O. equipment and software designed for those violations. use in monitoring and controlling Web Box 25858, Damascus, Syria, and Abu WHEREAS, BIS and Respondents Romana Area, Shahin Building, Ground traffic that are classified under ECCN have entered into a Settlement 5A002, controlled for National Security Floor, Damascus, Syria; Advanced Tech Agreement pursuant to Section Solutions a/k/a Advanced Technology and Anti-Terrorism reasons and as 766.18(b) of the Regulations, whereby Encryption Items, and valued at Solutions, with last known addresses of they agreed to settle this matter in P.O. Box 25858, Damascus, Syria, and $1,548,959. Respondents knew at all accordance with the terms and pertinent times hereto that exports and Moasa Square, Takriti Building, Fourth conditions set forth therein; and Floor, Damascus, Syria; and iT Wave reexports of the items to Syria were WHEREAS, I have approved of the prohibited by the Regulations. FZCO a/k/a iT-Wave a/k/a ITEX-Wave terms of such Settlement Agreement; IT FZCO, with last known addresses of 20. In so doing, Ammar, Albuni, ECC, IS THEREFORE ORDERED: Dubai Silicon Oasis, Office #AG 05–2, and ATS committed four violations of FIRST, Respondents shall be assessed Dubai, U.A.E., and The Gardens Section 764.2(h) of the Regulations and a civil penalty in the amount of Building 65, Apartment 12, Dubai, are jointly and severally liable for those $7,000,000. Respondents are jointly and U.A.E., and when acting for or on their violations. severally liable for the payment of this behalf, their successors, assigns, civil penalty. Payment of $250,000 shall Charge 6: 15 CFR 764.2(h)—Evasion directors, officers, employees, be made to the U.S. Department of representatives, or agents (hereinafter 21. As set forth in Paragraphs 1–4, 11– Commerce in four installments as each a ‘‘Denied Person’’ and collectively 12, and 15–17, supra, which are follows: $62,500 not later than March 1, the ‘‘Denied Persons’’), may not, directly realleged and incorporated herein, on 2016; $62,500 not later than September or indirectly, participate in any way in one occasion between in or about March 1, 2016; $62,500 not later than March 1, any transaction involving any 2011, and in or about April 2011, 2017; and $62,500 not later than commodity, software or technology Ammar, Albuni, ECC, and ATS engaged September 1, 2017. Payment shall be (hereinafter collectively referred to as in a transaction or took actions with the made in the manner specified in the ‘‘item’’) exported or to be exported from intent to evade the Regulations in attached instructions. Payment of the the United States that is subject to the connection with the unlawful export or remaining $6,750,000 shall be Regulations, or in any other activity reexport to Syria of items subject to the suspended for a period of two years subject to the Regulations, including, Regulations for use by STE. The items from the date of this Order, and but not limited to: included data servers and associated thereafter shall be waived, provided that A. Applying for, obtaining, or using parts that are classified under ECCN during this two-year payment any license, license exception, or export 5A002, controlled as Encryption Items probationary period under this Order, control document; for National Security and Anti- Respondent has committed no violation B. Carrying on negotiations Terrorism reasons, or designated of the Act, or any regulation, order, concerning, or ordering, buying, EAR99, and valued at approximately license or authorization issued receiving, using, selling, delivering, $249,000. Ammar, Albuni, ECC, and thereunder and has made full and storing, disposing of, forwarding, ATS knew at all times pertinent hereto timely payment of $250,000 as set forth transporting, financing, or otherwise that exports or reexports of the items to above. If any of the four installment servicing in any way, any transaction Syria were prohibited by the payments is not fully and timely made, involving any item exported or to be Regulations. any remaining scheduled installment exported from the United States that is payments and any suspended penalty 22. In so doing, Ammar, Albuni, ECC, subject to the Regulations, or in any may become due and owing and ATS committed one violation of other activity subject to the Regulations; immediately. Section 764.2(h) of the Regulations and or SECOND, pursuant to the Debt C. Benefitting in any way from any are jointly and severally liable for that Collection Act of 1982, as amended (31 transaction involving any item exported violation. U.S.C. 3701–3720E (2000)), the civil or to be exported from the United States As to all Respondents except ATS: penalty owed under this Order accrues that is subject to the Regulations, or in
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any other activity subject to the seven (7) years from the date of this DEPARTMENT OF COMMERCE Regulations. Order; International Trade Administration FOURTH, for the applicable time B. As to Advanced Tech Solutions periods, starting from the date of this a/k/a Advanced Technology Solutions, Order, that are set forth in Paragraph and when acting for or on its behalf, its [A–570–970] Sixth below, no person may, directly or successors, assigns, directors, officers, indirectly, do any of the following: Multilayered Wood Flooring From the employees, representatives, or agents, A. Export or reexport to or on behalf People’s Republic of China: for a period of seven (7) years from the of a Denied Person any item subject to Preliminary Results of the Changed date of this Order; the Regulations; Circumstances Review of Sino-Maple B. Take any action that facilitates the C. As to Rashid Albuni, and when (JiangSu) Co., Ltd. acquisition or attempted acquisition by acting for or on his behalf, his a Denied Person of the ownership, successors, assigns, representatives, AGENCY: Enforcement and Compliance, possession, or control of any item agents, or employees, for a period of six International Trade Administration, subject to the Regulations that has been (6) years from the date of this Order; Department of Commerce. or will be exported from the United SUMMARY: On March 13, 2015, the D. As to Aiman Ammar a/k/a Ayman Department of Commerce (the States, including financing or other Ammar, and when acting for or on his support activities related to a ‘‘Department’’) initiated a changed behalf, his successors, assigns, circumstance review (‘‘CCR’’) of the transaction whereby a Denied Person representatives, agents, or employees, acquires or attempts to acquire such antidumping duty (‘‘AD’’) order on for a period of five (5) years from the ownership, possession or control; multilayered wood flooring from the date of this Order; and C. Take any action to acquire from or People’s Republic of China (‘‘PRC’’) in to facilitate the acquisition or attempted E. As to iT Wave FZCO a/k/a iT-Wave response to a request from Sino-Maple acquisition from a Denied Person of any a/k/a ITEX-Wave FZCO, and when (JiangSu) Co., Ltd. (‘‘Sino-Maple’’), an item subject to the Regulations that has acting for or on its behalf, its successors, exporter of subject merchandise to the 1 been exported from the United States; assigns, directors, officers, employees, United States. Pursuant to section D. Obtain from a Denied Person in the representatives, or agents, for a period of 751(b) of the Tariff Act of 1930, as United States any item subject to the four (4) years from the date of this amended (‘‘the Act’’), and 19 CFR Regulations with knowledge or reason Order. 351.216, the Department preliminarily determines that Sino-Maple is the to know that the item will be, or is SEVENTH, Respondents shall not take intended to be, exported from the successor-in-interest to Jiafeng Wood any action or make or permit to be made (Suzhou) Co., Ltd. (‘‘Jiafeng’’) for United States; or any public statement, directly or E. Engage in any transaction to service purposes of the AD order on indirectly, denying the allegations in the any item subject to the Regulations that multilayered wood flooring from the Charging Letter or this Order. The has been or will be exported from the PRC and, as such, is entitled to Jiafeng’s foregoing does not affect Respondents’ United States and which is owned, cash deposit rate with respect to entries possessed or controlled by a Denied testimonial obligations in any of subject merchandise. We invite Person, or service any item, of whatever proceeding, nor does it affect its right to interested parties to comment on these origin, that is owned, possessed or take legal or factual positions in civil preliminary results. controlled by a Denied Person if such litigation or other civil proceedings in DATES: Effective: September 24, 2015. which the U.S. Department of service involves the use of any item FOR FURTHER INFORMATION CONTACT: Commerce is not a party. subject to the Regulations that has been Krisha Hill, AD/CVD Operations, Office or will be exported from the United EIGHTH, that the Charging Letter, the IV, Enforcement and Compliance, States. For purposes of this paragraph, Settlement Agreement, and this Order International Trade Administration, servicing means installation, shall be made available to the public. U.S. Department of Commerce, 14th maintenance, repair, modification or NINTH, that this Order shall be Street and Constitution Avenue NW., testing. served on Respondents, and shall be Washington, DC 20230; telephone: (202) FIFTH, after notice and opportunity 482–4037. for comment as provided in section published in the Federal Register. 766.23 of the Regulations, any person, This Order, which constitutes the SUPPLEMENTARY INFORMATION: firm, corporation, or business final agency action in this matter, is Background organization related to a Denied Person effective immediately.5 On December 23, 2014, Sino-Maple by affiliation, ownership, control, or Issued this 18th day of September, 2015. position of responsibility in the conduct requested that the Department initiate of trade or related services may also be Richard R. Majauskas, an expedited CCR to confirm that Sino- made subject to the provisions of this Deputy Assistant Secretary of Commerce for Maple is the successor-in-interest to Order for the applicable time periods, Export Enforcement. Jiafeng for purposes of determining AD 2 starting from the date of this Order, that [FR Doc. 2015–24248 Filed 9–23–15; 8:45 am] liabilities. For a complete description are set forth in Paragraph Sixth, below. BILLING CODE P of events that followed the initiation of SIXTH, that the provisions of Paragraphs Third, Fourth, and Fifth, 1 See Initiation of Antidumping Duty Changed Circumstances Review: Multilayered Wood Flooring above, shall apply for the following From the People’s Republic of China, 80 FR 13328 periods of time: (March 13, 2015) (Initiation Notice). A. As to Engineering Construction & 2 See Letter from Sino-Maple to the Department Contracting Co., and when acting for or regarding, ‘‘Multilayered Wood Flooring from the PRC: Request of Sino-Maple (Jiangsu) Co., Ltd. and on its behalf, its successors, assigns, 5 Review and consideration of this matter have Jiafeng Wood (Suzhou) Co., Ltd. for Changed directors, officers, employees, been delegated to the Deputy Assistant Secretary of Circumstances Review’’ (December 23, 2014) (‘‘CCR representatives, or agents, for a period of Commerce for Export Enforcement. Request’’).
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this review, see the Preliminary 4412.39.5030; 4412.39.5050; operations of the successor are not Decision Memorandum.3 4412.94.1030; 4412.94.1050; materially dissimilar to that of its Based on this information, the 4412.94.3105; 4412.94.3111; predecessor.7 Thus, if the record Department initiated this CCR on March 4412.94.3121; 4412.94.3131; demonstrates that, with respect to the 13, 2015, explaining that, while there 4412.94.3141; 4412.94.3160; production and sale of the subject was sufficient evidence to initiate a 4412.94.3171; 4412.94.4100; merchandise, the new company CCR, the Department determined not to 4412.94.5100; 4412.94.6000; operates as the same business entity as conduct its review on an expedited 4412.94.7000; 4412.94.8000; the predecessor company, the basis by publishing the preliminary 4412.94.9000; 4412.94.9500; Department may assign the new results in conjunction with its notice of 4412.99.0600; 4412.99.1020; company the cash deposit rate of its initiation. Specifically, we noted that 4412.99.1030; 4412.99.1040; predecessor.8 For a full description of the purported predecessor company, 4412.99.3110; 4412.99.3120; the methodology underlying our Jiafeng, was still in a 180-day 4412.99.3130; 4412.99.3140; conclusions, see the Preliminary liquidation period. We stated that we 4412.99.3150; 4412.99.3160; Decision Memorandum. intended to issue additional 4412.99.3170; 4412.99.4100; Preliminary Determination of the questionnaires to Sino-Maple, as 4412.99.5100; 4412.99.5710; Changed Circumstances Review authorized by 19 CFR 351.221(b)(2), 4412.99.6000; 4412.99.7000; upon completion of the 180-day 4412.99.8000; 4412.99.9000; Based on the record evidence, we liquidation period, seeking evidence 4412.99.9500; 4418.71.2000; preliminarily determine that Sino- that Jiafeng has been terminated and 4418.71.9000; 4418.72.2000; Maple is the successor-in-interest to that Jiafeng’s liquidation was 4418.72.9500; and 9801.00.2500. Jiafeng because Sino-Maple operates completed.4 On June 22, 2015, Sino- While HTSUS subheadings are materially the same as Jiafeng with Maple submitted this evidence.5 provided for convenience and customs respect to the subject merchandise, Scope of the Investigation purposes, the written description of the albeit in a new location. Specifically, we subject merchandise is dispositive. find that any changes that may have The merchandise covered by the order A complete description of the scope occurred after Jiafeng became Sino- includes multilayered wood flooring, of the order is contained in the Maple did not constitute material subject to certain exceptions. Imports of Preliminary Decision Memorandum. changes to management, supplier the subject merchandise are provided The Preliminary Decision Memorandum relationships, customer relationships, or for under the following subheadings of is a public document and is on file ownership/legal structure with respect the Harmonized Tariff Schedule of the electronically via Enforcement and to the production and sale of the subject United States (‘‘HTSUS’’): 4412.31.0520; Compliance’s Antidumping and merchandise. A list of topics discussed 4412.31.0540; 4412.31.0560; Countervailing Duty Centralized in the Preliminary Decision 4412.31.2510; 4412.31.2520; Electronic Service System (ACCESS). Memorandum appears in the Appendix 4412.31.4040; 4412.31.4050; ACCESS is available to registered users to this notice. 4412.31.4060; 4412.31.4070; at http://access.trade.gov, and ACCESS If the Department upholds these 4412.31.5125; 4412.31.5135; is available to all parties in the Central preliminary results in the final results, 4412.31.5155; 4412.31.5165; Records Unit, room B8024 of the main Sino-Maple will be assigned the cash 4412.31.3175; 4412.31.6000; Department of Commerce building. In deposit rate currently assigned to Jiafeng 4412.31.9100; 4412.32.0520; addition, a complete version of the with respect to the subject merchandise 4412.32.0540; 4412.32.0560; Preliminary Decision Memorandum can (i.e., 13.74 percent). We will also 4412.32.2510; 4412.32.2520; be accessed directly at http:// instruct U.S. Customs and Border 4412.32.3125; 4412.32.3135; enforcement.trade.gov/frn/index.html. Protection to suspend liquidation of 4412.32.3155; 4412.32.3165; The signed Preliminary Decision entries of multilayered wood flooring 4412.32.3175; 4412.32.3185; Memorandum and the electronic exported by Sino-Maple, effective on the 4412.32.5600; 4412.39.1000; versions of the Preliminary Decision publication date of the final results, at 4412.39.3000; 4412.39.4011; Memorandum are identical in content. the AD cash deposit rate assigned to 4412.39.4012; 4412.39.4019; Jiafeng. 4412.39.4031; 4412.39.4032; Methodology Public Comment 4412.39.4039; 4412.39.4051; In accordance with section 751(b)(1) 4412.39.4052; 4412.39.4059; of the Act, we are conducting this CCR Interested parties may submit written 4412.39.4061; 4412.39.4062; based upon the information contained comments by no later than 30 days after 4412.39.4069; 4412.39.5010; in Sino-Maple’s submissions. In making the date of publication of these preliminary results of review in the 3 a successor-in-interest determination, See Memorandum to Ronald K. Lorentzen, 9 Acting Assistant Secretary for Enforcement and the Department typically examines Federal Register. Rebuttals, limited to Compliance, from Christian Marsh, Deputy several factors including, but not issues raised in the written comments, Assistant Secretary for Antidumping and limited to, changes in: (1) Management; may be filed by no later than five days Countervailing Duty Operations, ‘‘Decision (2) production facilities; (3) supplier after the written comments are due.10 Memorandum for the Preliminary Results of the 6 Antidumping Duty Changed Circumstances Review relationships; and (4) customer base. Parties that submit written comments of Multilayered Wood Flooring from the People’s While no single factor or combination of Republic of China: Sino-Maple (JiangSu) Co., Ltd.’’ factors will necessarily be dispositive, 7 See, e.g., Notice of Initiation of Antidumping (‘‘Preliminary Decision Memorandum’’), dated the Department generally will consider Duty Changed Circumstances Review: Certain concurrently with, and adopted by, this notice. Forged Stainless Steel Flanges from India, 71 FR 4 See Initiation Notice, 80 FR 13329. the new company to be the successor to 327, 327 (January 4, 2006). 5 See Letter from Sino-Maple to the Department, the predecessor if the resulting 8 See, e.g., Fresh and Chilled Atlantic Salmon regarding ‘‘Multilayered Wood Flooring from the From Norway; Final Results of Changed PRC: Voluntary (Third) Supplemental Changed 6 See, e.g., Certain Activated Carbon From the Circumstances Antidumping Duty Administrative Circumstances Review Response of Sino-Maple People’s Republic of China: Notice of Initiation of Review, 64 FR 9979, 9980 (March 1, 1999). (Jiangsu) Co., Ltd. and Jiafeng Wood (Suzhou) Co., Changed Circumstances Review, 74 FR 19934, 9 See 19 CFR 351.309(c)(1)(ii). Ltd.,’’ dated June 22, 2015. 19935 (April 30, 2009). 10 See 19 CFR 351.309(d)(1).
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and rebuttals are encouraged to submit DEPARTMENT OF COMMERCE the Agreement, the Department with each argument: (1) A statement of determined, under section 734(b) of the the issue; (2) a brief summary of the International Trade Administration Act, that the Agreement would argument; and (3) a table of [A–821–808] eliminate completely sales at less than authorities.11 All briefs are to be filed fair value of the imported subject electronically using ACCESS.12 An Certain Cut-to-Length Carbon Steel merchandise and, under section 734(d) electronically filed document must be Plate From the Russian Federation: of the Act, that suspension of the received successfully in its entirety by Request for Comments investigation was in the ‘‘public interest’’ and could be monitored ACCESS by 5:00 p.m. Eastern Time on AGENCY: Enforcement & Compliance, the day on which it is due.13 effectively. Since implementation of the International Trade Administration, Agreement in 2003, the Department has Any interested party may request a Commerce. been calculating semi-annual ‘‘normal hearing to the Assistant Secretary of ACTION: Invitation for Comment on values’’ (‘‘NVs’’), or minimum selling Enforcement and Compliance using Antidumping Suspension Agreement on prices, for Joint Stock Company ACCESS within 30 days of publication Certain Cut-to-Length Carbon Steel Plate Severstal (‘‘Severstal’’), the one Russian of this notice in the Federal Register.14 from the Russian Federation. signatory producer that has requested Hearing requests should contain the NVs. SUMMARY: On May 5, 2015, following information: (1) The party’s On May 5, 2015, the domestic ArcelorMittal USA, Inc., Nucor name, address, and telephone number; interested parties filed a request that the Corporation, and SSAB North America (2) the number of participants; and (3) Department terminate the Agreement Division (collectively, ‘‘domestic a list of the issues to be discussed. Oral because it is no longer in the public interested parties’’), filed with the U.S. interest and because Severstal may have presentations will be limited to issues Department of Commerce raised in the briefs.15 If a request for a violated the Agreement. On May 14, (‘‘Department’’) a request to terminate 2015, the Ministry of Economic hearing is made, parties will be notified the 2003 Agreement Suspending the of the time and date for the hearing to Development of the Russian Federation Antidumping Investigation of Certain (‘‘Economy Ministry’’) filed a letter in be held at the U.S. Department of Cut-to-Length Carbon Steel Plate from Commerce, 1401 Constitution Avenue response to the domestic interested the Russian Federation (‘‘Agreement’’) parties’ request to terminate the NW., Washington, DC 20230.16 (‘‘request to terminate’’). For the reasons Agreement. On May 18, 2015, Severstal Final Results of the Review stated in this notice, the Department is filed a letter in response to the domestic requesting comments on whether interested parties’ request to terminate In accordance with 19 CFR suspension of the investigation is no the Agreement. 351.216(e), the Department intends to longer in the ‘‘public interest’’ under issue the final results of this CCR not sections 734(d) and 734(i) of the Tariff Scope of Review later than 270 days after the date on Act of 1930, as amended (‘‘Act’’). The products covered by the which this review was initiated. DATES: Effective: September 24, 2015. Agreement are CTL plate from the FOR FURTHER INFORMATION CONTACT: Russian Federation. This merchandise is Notification to Parties Sally C. Gannon or Julie H. Santoboni, currently classified in the Harmonized The Department is issuing and Enforcement & Compliance, Tariff Schedule of the United States (HTS) under item numbers publishing these preliminary results in International Trade Administration, 7208.40.3030, 7208.40.3060, accordance with sections 751(b)(1) and U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 7208.51.0030, 7208.51.0045, 777(i)(1) of the Act and 19 CFR 351.216 Washington, DC 20230, telephone: (202) 7208.51.0060, 7208.52.0000, and 351.221. 482–0162 or (202) 482–3063, 7208.53.0000, 7208.90.0000, Dated: September 17, 2015. respectively. 7210.70.3000, 7210.90.9000, Ronald K. Lorentzen, SUPPLEMENTARY INFORMATION: 7211.13.0000, 7211.14.0030, Acting Assistant Secretary for Enforcement 7211.14.0045, 7211.90.0000, and Compliance. Background 7212.40.1000, 7212.40.5000, and In January 2003, the non-market 7212.50.0000. Although the HTS Appendix economy suspension agreement signed subheadings are provided for List of Topics Discussed in the Preliminary in October 1997 on cut-to-length carbon convenience and customs purposes, our Decision Memorandum steel plate (‘‘CTL plate’’) from the written description of the scope of the Agreement is dispositive. For a full I. Summary Russian Federation was replaced with a market-economy agreement with description of the scope of this II. Background Agreement, see Appendix B of the III. Scope of the Order Russian producers under section 734(b) Agreement. IV. Preliminary Results of the Changed of the Act. See Suspension of Circumstances Review Antidumping Duty Investigation of Invitation for Comment Certain Cut-to-Length Carbon Steel Plate V. Recommendation As discussed above, the Department from the Russian Federation, 68 FR [FR Doc. 2015–24191 Filed 9–23–15; 8:45 am] has received a request to terminate the 3859 (Jan. 27, 2003).1 In entering into BILLING CODE 3510–DS–P Agreement from the domestic interested 1 The underlying antidumping duty investigation parties and is currently evaluating the was continued in 1997, and the Department made request. The Agreement, at Section F, 11 See 19 CFR 351.309(c)(2) & (d)(2). an affirmative final determination of sales at less provides that ‘‘{i}f the Department 12 See 19 CFR 351.303(b) & (f). than fair value and the International Trade determines that the Agreement is being 13 See 19 CFR 351.303(b). Commission made an affirmative injury determination. See Notice of Final Determination of or has been violated or no longer meets 14 See 19 CFR 351.310(c). Sales at Less than Fair Value: Certain Cut-to-Length 15 Id. Carbon Steel Plate from the Russian Federation, 62 Plate from China, Russia, South Africa and 16 See 19 CFR 351.310(d). FR 61787 (Nov. 19, 1997); Certain Carbon Steel Ukraine, 62 FR 66128 (Dec. 17, 1997).
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the requirements of section 734(b) or (d) comments, limited to issues raised in II is not the successor-in-interest to of the Act, the Department shall take the affirmative comments, may be Shanfu I for these final results. action it determines appropriate under submitted via ACCESS no later than 45 DATES: Effective September 24, 2015. section 734(i) of the Act and the days after the date of publication of this FOR FURTHER INFORMATION CONTACT: regulations.’’ notice by 5 p.m. Eastern Daylight Time. Hilary E. Sadler, Esq., AD/CVD Section 734(i) of the Act provides that When submitting comments via Operations, Office VII, Enforcement and where, as here, the investigation was ACCESS, interested parties must upload Compliance, International Trade completed, the Department shall their submissions to the segment in Administration, U.S. Department of publish a determination suspending ACCESS entitled ‘‘Suspension Commerce, 14th Street and Constitution liquidation and issue an antidumping Agreement.’’ The Department intends to Avenue NW., Washington, DC 20230; order under section 736(a) of the Act if address any comments in its telephone: (202) 482–4340. the Department determines that there determination. SUPPLEMENTARY INFORMATION: has been a violation of the Agreement, Dated: September 18, 2015. Background or the Agreement no longer meets Ronald K. Lorentzen, certain statutory requirements, For a complete description of the Acting Assistant Secretary for Enforcement events following the publication of the including the ‘‘public interest’’ & Compliance. requirement under section 734(d)(1) of Preliminary Results, see the Issues and the Act. The Department’s regulations at [FR Doc. 2015–24329 Filed 9–23–15; 8:45 am] Decision Memorandum.3 The Issues and 19 CFR 351.209(c)(1) state that if the BILLING CODE 3510–DS–P Decision Memorandum is a public Department has reason to believe that a document and is on file electronically via Enforcement and Compliance’s AD suspension agreement no longer meets DEPARTMENT OF COMMERCE the requirements of section 734(d) of the and Countervailing Duty (CVD) Act, including if suspension of the International Trade Administration Centralized Electronic Service System investigation is no longer in the ‘‘public (ACCESS). ACCESS is available to interest,’’ it will publish a notice registered users at http:// [A–570–831] inviting comment on the suspension access.trade.gov and in the Central Records Unit, room B8024 of the main agreement. Based on the request to Fresh Garlic From the People’s Department of Commerce building. In terminate, we find that the requirements Republic of China: Final Results of the addition, a complete version of the of 19 CFR 351.209(c)(1) have been met, Changed Circumstances Review and as such, are issuing this notice to Issues and Decision Memorandum can seek comments to determine if AGENCY: Enforcement and Compliance, be accessed directly at http:// suspension of the investigation is no International Trade Administration, enforcement.trade.gov/frn/index.html. longer in the ‘‘public interest.’’ Department of Commerce. The signed Issues and Decision Although the domestic interested Memorandum and the electronic SUMMARY: On June 30, 2015, the parties alleged that Severstal may have version of the Issues and Decision Department of Commerce (Department) violated the terms of the Agreement, we Memorandum are identical in content. published a notice of preliminary are not soliciting comments on the results of a changed circumstance Scope of the Order alleged violation. review (CCR) of the antidumping duty The products covered by the order are The Department will make its (AD) order on fresh garlic from the all grades of garlic, whole or separated determination and if appropriate, take People’s Republic of China (PRC) 1 in into constituent cloves, whether or not necessary action, in accordance with response to a request from Jining peeled, fresh, chilled, frozen, water or section 734(i) of the Act and 19 CFR Yongjia Trade Co., Ltd. (Yongjia), an other neutral substance, but not 351.209(c). Further, in making our exporter of fresh and peeled garlic from prepared or preserved by the addition of determination, the Department will the PRC.2 Yongjia requested that the other ingredients or heat processing. consider imports into the United States Department determine that Jinxiang The subject garlic is currently from all sources of the merchandise, as County Shanfu Frozen Co., Ltd. (Shanfu classifiable under subheadings: described in Section A of the II), Yongjia’s supplier of garlic, is the 0703.20.0000, 0703.20.0010, Agreement. We also will consider successor-in-interest to Yongjia’s garlic 0703.20.0015, 0703.20.0020, factors including, but not limited to, the supplier (Shanfu I) during its new 0703.20.0090, 0710.80.7060, following: volume of trade, pattern of shipper review (NSR). In the 0710.80.9750, 0711.90.6000, trade, whether or not the reseller is an Preliminary Results, the Department 0711.90.6500, 2005.90.9500, original equipment manufacturer, and found that Shanfu II is not the 2005.90.9700, 2005.99.9700, and of the the reseller’s export price. See successor-in-interest to Shanfu I, and, as Harmonized Tariff Schedule of the Agreement, Section B. such, is subject to the PRC-wide entity United States (HTSUS). While the Public Comment cash deposit rate with respect to entries HTSUS subheadings are provided for of subject merchandise. Based on our convenience and customs purposes, the Interested parties may submit analysis of the comments from the written description of the scope of the comments on whether the Agreement is parties, we continue to find that Shanfu in the public interest via Enforcement & 3 See Memorandum from Christian Marsh, Deputy Compliance’s Antidumping and Assistant Secretary for Antidumping and parties in the Central Records Unit, room 7046 of Countervailing Duty Operations, to Ronald K. Countervailing Duty Centralized the main Department of Commerce building. Lorentzen, Acting Assistant Secretary for Electronic Service System (‘‘ACCESS’’) 1 See Antidumping Duty Order: Fresh Garlic from Enforcement and Compliance, regarding ‘‘Decision no later than 30 days after the date of the People’s Republic of China, 59 FR 59209 Memorandum for the Final Results of the (November 16, 1994) (Order). Antidumping Duty Changed Circumstances Review publication of this notice by 5 p.m. 2 2 See Fresh Garlic from the People’s Republic of of Fresh Garlic from the People’s Republic of China: Eastern Daylight Time. Rebuttal China: Preliminary Results of the Changed Jining Yongjia Trade Co., Ltd. and Jinxiang County Circumstances Review of Jining Yongjia Trade Co., Shanfu Frozen Co., Ltd.,’’ dated concurrently with 2 ACCESS is available to registered users at Ltd. and Jinxiang County Shanfu Frozen Co., Ltd., and adopted by this notice (Issues and Decision http://access.trade.gov, and is available to all 80 FR 37222 (June 30, 2015) (Preliminary Results). Memorandum).
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order is dispositive. A full description We are issuing and publishing these project plan, ‘‘Alternative Personnel of the scope of the order is contained in final results in accordance with sections Management System (APMS) at the the Issues and Decision Memorandum. 751(b)(1) and 777(i)(1) and (2) of the National Institute of Standards and Act, and 19 CFR 351.216. Technology (NIST),’’ and published the Analysis of Comments Received Dated: September 14, 2015. plan in the Federal Register on October All issues raised by the parties in the Ronald K. Lorentzen, 2, 1987 (52 FR 37082). The published case briefs are addressed in the Issues demonstration project plan was and Decision Memorandum. A list of Acting Assistant Secretary for Enforcement and Compliance. modified twice, once to clarify certain the issues addressed in the Issues and NIST authorities (54 FR 21331, May 17, Decision Memorandum is appended to Appendix—List of Topics Discussed in 1989) and once to revise the this notice. the Preliminary Decision Memorandum performance appraisal system and the pay administration system in order to Final Results of Changed I. Summary better link pay with performance (55 FR Circumstances Review II. Background III. Scope of the Order 39220, September 25, 1990). The APMS Upon review of the comments IV. Discussion of the Issues in Successor-in- was made permanent in Section 10 of received, the Department has Interest the National Technology Transfer and determined that Shanfu II operates in 1. Changes in Ownership and Management Advancement Act of 1995, Public Law most material respects as a different 2. Production Facilities and Equipment 104–113, 110 Stat. 775 (Mar. 7, 1996) business entity than Shanfu I, as 3. Supplier Relationships (codified at 15 U.S.C. 275 note), and the discussed in the Preliminary Results 4. Customer Base 5. Dissolution project plan and subsequent and the Issues and Decision 6. Change in Corporate Form amendments were consolidated in the Memorandum. Furthermore, Shanfu I 7. Expansion of Business Scope final APMS plan, which was published officially and effectively ceased to V. Summary of Findings in the Federal Register on October 21, operate for two years, having dissolved VI. Recommendation 1997 (62 FR 54604). NIST published and de-registered in 2012. Therefore, the [FR Doc. 2015–23646 Filed 9–23–15; 8:45 am] seven subsequent amendments to the Department adopts the Preliminary BILLING CODE 3510–DS–P final APMS plan: One on May 6, 2005 Results and finds that Shanfu II is not (70 FR 23996), which became effective the successor-in-interest to Shanfu I. upon publication in the Federal Instructions to U.S. Customs and DEPARTMENT OF COMMERCE Register; one on July 15, 2008 (73 FR Border Protection 40500), which became effective on National Institute of Standards and October 1, 2008; one on July 21, 2009 As a result of this determination, the Technology (74 FR 35841), which became effective Department finds that Yongjia and [Docket Number: 150904821–5821–01] upon publication in the Federal Shanfu II are subject to the cash deposit Register; one on January 5, 2011 (76 FR rate currently assigned to the PRC-wide Alternative Personnel Management 539), which became effective upon entity with respect to the subject System at the National Institute of publication in the Federal Register; one merchandise, i.e., $4.71 per kilogram.4 Standards and Technology on June 19, 2012 (77 FR 36485), which Consequently, the Department will became effective upon publication in instruct U.S. Customs and Border AGENCY: National Institute of Standards the Federal Register; one on August 13, Protection to continue suspension of and Technology (NIST), Commerce. 2012 (77 FR 48128), which became liquidation and to collect estimated ACTION: Notice. effective upon publication in the antidumping duties for all shipments of Federal Register; and one on August 24, subject merchandise produced by SUMMARY: This notice announces a 2012 (77 FR 51518), which became Shanfu II and exported by Yongjia at the modification to existing provisions of effective upon publication in the current cash deposit rate assigned to the the National Institute of Standards and Federal Register. NIST published a PRC-wide entity of $4.71 per kilogram.5 Technology’s (NIST) Alternative correction to the final APMS plan on This cash deposit requirement shall Personnel Management System (APMS), July 21, 2009 (74 FR 35843), which remain in effect until further notice. changing the classification structure for became effective upon publication in the Administrative (ZA) career path, Pay Notification to Parties the Federal Register. Bands I through IV, based upon a The plan provides for modifications This notice is the only reminder to classification review of the level of to be made as experience is gained, parties subject to administrative difficulty and responsibility associated results are analyzed, and conclusions protective order (APO) of their with each Pay Band. are reached on how the system is responsibility concerning the DATES: This notice is effective on working. This notice modifies the disposition of proprietary information September 24, 2015. classification structure for the disclosed under APO in accordance FOR FURTHER INFORMATION CONTACT: For Administrative (ZA) career path, Pay with 19 CFR 351.305(a)(3). Timely further information, please contact Janet Bands I through IV, based upon a written notification of the return or Hoffman, by telephone at (301) 975– classification review of the level of destruction of APO materials or 3185 or by email at janet.hoffman@ difficulty and responsibility associated conversion to judicial protective order is nist.gov. with each Pay Band. hereby requested. Failure to comply SUPPLEMENTARY INFORMATION: with the regulations and terms of an Richard Cavanagh, APO is a sanctionable violation. Background Acting Associate Director for Laboratory Programs. In accordance with Public Law 99– 4 See Fresh Garlic from the People’s Republic of 574, the National Bureau of Standards Table of Contents China: Final Results and Partial Rescission of the 19th Antidumping Administrative Review, 80 FR Authorization Act for Fiscal Year 1987, I. Executive Summary 34141 (June 15, 2015). the Office of Personnel Management II. Basis for APMS Plan Modification 5 Id. (OPM) approved a demonstration III. Changes to the APMS Plan
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I. Executive Summary more flexible classification system objectives of the plan and increase the based on pay banding through reduction future vitality of the NIST workforce. The National Institute of Standards of guidelines, steps, and paperwork in The NIST APMS allows the NIST and Technology’s (NIST) Alternative classification, hiring, and other Director to make minor procedural Personnel Management System (APMS) personnel systems, and through modifications within already existing (62 FR 54604, October 21, 1997) is automation. waivers of law or regulation with designed to (1) improve hiring and This amendment modifies the October appropriate notice. Accordingly, NIST allow NIST to compete more effectively 21, 1997 Federal Register notice. modifies the APMS to change the for high-quality researchers through Specifically, it modifies the classification structure for the direct hiring, selective use of higher classification structure for the Administrative (ZA) career path, Pay entry salaries, and selective use of Administrative (ZA) career path, Pay Bands I through IV (set forth below). recruiting allowances; (2) motivate and Band I through IV. NIST will III. Changes in the APMS Plan retain staff through higher pay potential, continually monitor the effectiveness of pay-for-performance, more responsive this modification. The APMS at NIST, published in the personnel systems, and selective use of Federal Register on October 21, 1997 retention allowances; (3) strengthen the II. Basis for APMS Plan Modification (62 FR 54604), as amended, is modified manager’s role in personnel Modification of the APMS is based as follows: management through delegation of upon a change in the classification 1. The chart titled ‘‘NIST Career Paths personnel authorities; and (4) increase structure of the ZA career path. This and Pay Bands’’ under the subsection the efficiency of personnel systems new structural change will enable NIST titled ‘‘Position Classification’’ is through installation of a simpler and to meet the intended design and replaced with:
[FR Doc. 2015–24224 Filed 9–23–15; 8:45 am] Department of Commerce, Room 6616, Oceanic and Atmospheric BILLING CODE 3510–13–P 14th and Constitution Avenue NW., Administration’s (NOAA) National Washington, DC 20230 (or via the Ocean Services (NOS). Internet at [email protected]). The coastal zone management grants DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: provide funds to states and territories to: Requests for additional information Implement federally-approved coastal National Oceanic and Atmospheric should be directed to Allison Castellan, management programs; complete Administration (301) 713–3155 ext. 125 or information for the Coastal Zone Management Program (CZMP) Proposed Information Collection; [email protected]. Performance Management System; Comment Request; Coastal Zone SUPPLEMENTARY INFORMATION: develop program assessments multi-year Management Program Administration I. Abstract strategies to enhance their programs AGENCY: National Oceanic and This request is for revision and within priority areas under Section 309 Atmospheric Administration (NOAA), extension of a currently approved of the CZMA; submit documentation as Commerce. information collection. described in the CZMA Section 306a on In 1972, in response to intense the approved coastal zone management ACTION: Notice. pressure on United States (U.S.) coastal programs; submit requests to update SUMMARY: The Department of resources, and because of the their federally-approved programs Commerce, as part of its continuing importance of U.S. coastal areas, the through amendments or program effort to reduce paperwork and U.S. Congress passed the Coastal Zone changes; and develop and submit state respondent burden, invites the general Management Act of 1972 (CZMA), 16 coastal nonpoint pollution control public and other Federal agencies to U.S.C. 1451 et seq. The CZMA programs (CNP) as required under take this opportunity to comment on authorized a federal program to Section 6217 of the Coastal Zone Act proposed and/or continuing information encourage coastal states and territories Reauthorization Amendments. collections, as required by the to develop comprehensive coastal Revision: The CZMP Performance Paperwork Reduction Act of 1995. management programs. The CZMA has Measurement System has been revised been reauthorized on several occasions, to reduce the number of measures on DATES: Written comments must be most recently with the enactment of the which state programs are required to submitted on or before November 23, Coastal Zone Protection Act of 1996. report, resulting in an overall decrease 2015. (CZMA as amended). The program is in reporting burden for the performance ADDRESSES: Direct all written comments administered by the Secretary of measurement system. The assessment to Jennifer Jessup, Departmental Commerce, who in turn has delegated process under CZMA Section 309 has Paperwork Clearance Officer, this responsibility to the National also been refined to rely more on readily
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available existing data and allow states approval of this information collection; SUPPLEMENTARY INFORMATION: The 121st to more quickly focus their assessments they also will become a matter of public SSC meeting will be held between 8:30 on high-priority enhancement areas. record. a.m. and 5 p.m. on October 13–14, 2015. The Council’s REAC will be held II. Method of Collection Dated: September 21, 2015. Sarah Brabson, between 8:30 a.m. and 1 p.m., FIAC Respondents have a choice of between 2 p.m. and 5 p.m. and AP NOAA PRA Clearance Officer. electronic or paper formats for between 6 p.m. and 9 p.m. on October submitting program documents, [FR Doc. 2015–24287 Filed 9–23–15; 8:45 am] 19, 2015. The Council’s Pelagic and assessment and strategy documents, and BILLING CODE 3510–08–P International Standing Committee will other required materials. Grant be held between 9 a.m. and 12 noon, applications are submitted Program Planning and Research DEPARTMENT OF COMMERCE electronically via Grants.gov and Standing Committee between 1 p.m. and performance reports are submitted National Oceanic and Atmospheric 3 p.m., and Executive and Budget electronically through NOAA Grants Administration Standing Committee between 3 p.m. and Online. Performance measurement data 5 p.m. on October 20, 2015. The 164th is submitted through an online database. Western Pacific Fishery Management Council meeting will be held between Methods of submittal for other program Council; Public Meetings 8:30 a.m. and 5 p.m. on October 21–22, documents and required materials 2015. In addition, the Council will host include electronic submittal via email, AGENCY: National Marine Fisheries a Fishers Forum on October 17, 2015, mail and facsimile transmission of Service (NMFS), National Oceanic and between 10 a.m. and 3 p.m. paper forms, or submittal of electronic Atmospheric Administration (NOAA), In addition to the agenda items listed files on compact disc. Commerce. here, the SSC and Council will hear III. Data ACTION: Notice of public meetings and recommendations from Council hearings. advisory groups. Public comment OMB Control Number: 0648–0119. periods will be provided throughout the Form Number: None. SUMMARY: The Western Pacific Fishery agendas. The order in which agenda Type of Review: Regular submission Management Council (Council) will (revision and extension of a current items are addressed may change. The hold meetings of its 121st Scientific and meetings will run as late as necessary to information collection). Statistical Committee (SSC), American Affected Public: State. Local and complete scheduled business. Samoa Regional Ecosystem Advisory Tribal Governments. Background documents will be available Committee (REAC), Fishing Industry Estimated Number of Respondents: from, and written comments should be Advisory Committee (FIAC), American 34. sent to, Mr. Edwin Ebisui, Chair, Estimated Time per Response: Samoa Advisory Panel (AP) and its Western Pacific Fishery Management Performance reports, 27 hours; 164th Council meeting to take actions Council, 1164 Bishop Street, Suite 1400, assessment and strategy documents, 240 on fishery management issues in the Honolulu, HI 96813, phone: (808) 522– hours; Section 306a documentation, 5 Western Pacific Region. The Council 8220 or fax: (808) 522–8226. will also convene meetings of the hours; amendments and routine Agenda for 121st SSC Meeting program changes, 16 hours; CNP Pelagic and International Standing documentation, 320 hours; CZMA Committee, Program Planning and 8:30 a.m.–5 p.m., Tuesday, October 13, 2015 Performance Management System, 24 Research Standing Committee, and 1. Introductions hours. Executive and Budget Standing 2. Approval of Draft Agenda and Assignment Estimated Total Annual Burden Committee. of Rapporteurs Hours: 6,133 hours. 3. Status of the 119th & 120th SSC Meeting DATES: The meetings will be held Recommendations Estimated Total Annual Cost to between October 13 and October 22, 4. Report from the Pacific Islands Fisheries Public: $850 in recordkeeping/reporting 2015. For specific times and agendas, Science Center Director costs. see SUPPLEMENTARY INFORMATION. 5. Program Planning IV. Request for Comments ADDRESSES: The 121st SSC will be held A. Integrated Stock Assessment Model for Data Poor Stocks Comments are invited on: (a) Whether at the Council office, 1164 Bishop B. Territorial Bottomfish P* Working the proposed collection of information Street, Suite 1400, Honolulu, HI 96813, Group Report is necessary for the proper performance phone: (808) 522–8220. The REAC, C. Specification of Acceptable Biological of the functions of the agency, including FIAC, American Samoa AP, Pelagic and Catch for the Territorial Bottomfish whether the information shall have International Standing Committee and Fishery for Fishing Years 2016 and 2017 practical utility; (b) the accuracy of the 164th Council meetings will be held at (Action Item) the Rex Lee Auditorium, Department of D. Atlantis Model for Near-Shore agency’s estimate of the burden Ecosystems in Guam (including hours and cost) of the Commerce, Pago Pago, American Samoa; phone: (684) 633–5155. The E. Implementing an Assessment proposed collection of information; (c) Prioritization Process ways to enhance the quality, utility, and Program Planning and Research F. Center for Independent Experts Review clarity of the information to be Standing Committee and Executive and Reports collected; and (d) ways to minimize the Budget Standing Committee will be held 1. Bycatch Estimation Model burden of the collection of information at the Sadies by the Sea conference 2. Length-based Assessment Model on respondents, including through the room in Pago Pago, American Samoa; G. Public Comment use of automated collection techniques phone: (684) 633–5981. The Fishers H. SSC Discussion and Recommendations 6. Pelagic Fisheries or other forms of information Forum will be held at Fagatogo Marina, Fagatogo, American Samoa. A. Hawaii & American Samoa Longline technology. Fisheries Reports Comments submitted in response to FOR FURTHER INFORMATION CONTACT: B. National Bycatch Report (NBR) Longline this notice will be summarized and/or Kitty M. Simonds, Executive Director, Bycatch Reports 2011–13 included in the request for OMB phone: (808) 522–8220. C. International Fisheries
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1. International Scientific Committee (ISC) Agenda for FIAC Territorial Catch and Allocation Limits Report (Action Item) 2. Western and Central Pacific Fisheries 2 p.m.–5 p.m., Monday, October 19, 2015 B. Hawaii & American Samoa Longline Commission (WCPFC) Science 1. Introduction and Welcome Fisheries Reports Committee Report 2. Round Table Discussion on Fishing and C. International Fisheries a. South Pacific Albacore Stock Seafood Industry Issues a. WCPFC Science Committee Assessment and Economic Performance 3. Insular Fisheries b. South Pacific Albacore Stock 3. WCPFC Northern Committee Report a. Status of the American Samoa Assessment and Economic Performance Bottomfish Fishery 4. Majuro Purse Seine Bigeye Management c. Report on Majuro Purse Seine Big Eye b. Hawaii Standards for Receiving Workshop Workshop Bottomfish Imports d. Tri Marine Petition 5. U.S. Proposals for WCPFC 12th Plenary 4. Pelagic/International Management Issues e. U.S. Proposals for WCPFC 12 Session a. South Pacific Albacore f. Tokelau Arrangement 6. U.S. Bigeye Quota in the Eastern Pacific b. Tri Marine Petition D. Advisory Group Report and Ocean 5. Seafood/Market Issues Recommendations D. Public Comment a. Marine Stewardship Council for a. Advisory Panel E. SSC Discussion and Recommendations American Samoa Longline Fishery b. Fishing Industry Advisory Committee b. IUU Fishing and Seafood Traceability 8:30 a.m.–5 p.m., Wednesday, October 14, c. Regional Ecosystem Advisory Committee c. Impacts from 2015 WCPFC/Inter- 2015 d. Scientific & Statistical Committee American Tropical Tuan Commission E. Public Comment Guest Speaker: Judy Amesbury: Who Wears (IATTC) closures F. Committee Discussion and the Beads? d. Proposed Rule on Fish and Fish Product Recommendations 7. Protected Species Import Provisions of the Marine Mammal A. American Samoa Longline Fishery Protection Act Agenda for Program Planning and Biological Opinion 6. Fishery Funding—Saltonstall-Kennedy Research Standing Committee B. Development of a Tier System for (S–K) Solicitation 1 p.m.–3 p.m., Tuesday, October 20, 2015 Application to Potential Biological 7. Other Issues Removals 8. Public Comment 1. Annual Catch Limit (ACL) Specification C. Update on Leatherback Turtle 9. Discussion and Recommendations for Territorial Bottomfish (Action Item) Interactions in the Hawaii Deep-set Agenda for American Samoa AP a. P* Working Group Report Longline Fishery b. Social, Economic, Ecological and D. Public Comment 6 p.m.–9 p.m., Monday, October 19, 2015 Management Uncertainty (SEEM) F. SSC Discussion and Recommendations 1. Welcome and Introductions Working Group Report 8. Other Business 2. Review and Approval of the Agenda c. Options for Territorial Bottomfish ACL A. 122nd SSC Meeting 3. Issues to be Discussed at 164th Council for Fishing Year 2016 and 2017 2. Fishery Ecosystem Plan Modifications 9. Summary of SSC Recommendations to the Meeting (Action Item) Council A. Upcoming Council Action Items i. 2016 Territorial Bigeye Tuna Catch Limit 3. Integrated Stock Assessment Model for Fishers Forum Day on American Samoa Specifications Data Poor Stocks Fisheries ii. Territorial Bottomfish Annual Catch 4. Territory Science Initiative Project Limits 5. Other Issues 10 a.m.–3 p.m., Saturday, October 17, B. American Samoa Fishery Ecosystem 6. Public Comment 2015 Plan (FEP) Community Activities 7. Committee Discussion and i. NOAA Pacific Islands Regional Office Recommendations 1. Fishing vessel tours (PIRO) S–K & Marine Education and 2. Fishing gear displays Training (MET) Grant Writing Agenda for Executive and Budget 3. Fisheries-related demonstrations Workshops in American Samoa Standing Committee Agenda for the REAC ii. Super Alia & New Multipurpose Fishing 3 p.m.–5 p.m., Tuesday, October 20, 2015 Vessel Design Updates 8:30 a.m.–1 p.m., Monday, October 19, 2015 4. American Samoa Archipelago FEP Issues 1. Administrative Report A. American Samoa FEP Review 2. Financial Report 1. Welcome Remarks i. Advisory Panel Education & Outreach 3. Standard Operating Policies and 2. Introductions Strategic Plan Framework Procedures 3. Report on Proposed New Ecosystem B. Subpanel Groups Community Fishery 4. Meetings and Workshops Information Requirements in the Issues 5. Council Family Changes American Samoa Fishery Ecosystem Plan i. Island Fisheries Subpanel 6. Other Issues 4. Report on Changes to the Archipelagic 1. Catch & Size Limit Development for 7. Committee Discussion and Ecosystem Annual/Stock Assessment Territorial Waters (0–3 miles) Recommendations and Fisheries Evaluation (SAFE) Report 2. Shark Legislation Conflict for Fishermen 5. Identification of Relevant Data Holdings ii. Pelagic Fisheries Subpanel Agenda for 164th Council Meeting and Data Sharing Arrangements with 1. Tri Marine Petition to NMFS 8:30 a.m.–5 p.m., Wednesday, October 21, Regard to Archipelagic Ecosystem 2. Support for Longline Fishery 2015 iii. Ecosystems and Habitat Subpanel Annual/SAFE Report Modules 1. Welcome and Introductions A. General Fishery Information and Marine 1. Green Sea Turtle Proposed Rule iv. Indigenous Fishing Rights Subpanel 2. Approval of the 164th Agenda Planning Data 3. Approval of the 163rd Meeting Minutes B. Ecosystem Information 1. ASG Plans for Manu’a Alia Fishing Boat Repairs (S–K proposal) 4. Executive Director’s Report i. Biophysical Elements 5. Agency Reports ii. Socioeconomic Elements C. Other Issues 5. Public Comment A. National Marine Fisheries Service iii. Protected Resources and Bycatch 1. Pacific Islands Regional Office Elements 6. Discussion and Recommendations 7. Other Business a. Status of Pending Management Actions iv. Climate Elements 2. Pacific Islands Fisheries Science Center v. Habitat Elements Agenda for Pelagic and International B. NOAA Office of General Counsel, C. Data Integration Standing Committee Pacific Islands Section 6. REAC Role in Annual/SAFE Report C. U.S. State Department 7. Public Comment 9 a.m.–12 noon, Tuesday, October 20, 2015 D. Fish and Wildlife Service 8. Discussions and Recommendations A. Specification of 2016 Bigeye Tuna E. Enforcement
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1. U.S. Coast Guard 2. SEEM Working Group Report Non-emergency issues not contained 2. NOAA Office of Law Enforcement 3. Options for Territorial Bottomfish for in this agenda may come before the 3. NOAA Office of General Counsel, Fishing Year 2016 and 2017 Council for discussion and formal Enforcement Section B. Integrated Stock Assessment Model for Council action during its 163rd meeting. F. Public Comment Data Poor Stocks G. Council Discussion and Action C. Territory Science Initiative Project However, Council action on regulatory 6. American Samoa Archipelago Updates issues will be restricted to those issues A. Motu Lipoti D. Fishery Ecosystem Plan Modification specifically listed in this document and B. Fono Report (Action Item) any regulatory issue arising after C. Enforcement Issues E. Regional, National and International publication of this document that D. Community Activities and Issues Outreach and Education requires emergency action under section 1. Report on the Governor’s Fisheries Task F. Advisory Group Report and 305(c) of the Magnuson-Stevens Act, Force Initiatives Recommendations provided the public has been notified of 2. Fisheries Development 1. Advisory Panel a. Update on Funding for Super Alia 2. Fishing Industry Advisory Committee the Council’s intent to take action to Vessels and Local Fishery Business 3. Regional Ecosystem Advisory Committee address the emergency. Development Initiatives 4. Scientific and Statistical Committee Special Accommodations 3. Fisheries Disaster Relief Project G. Standing Committee Recommendations E. Education and Outreach Initiatives H. Public Hearing These meetings are physically F. Advisory Group Report and I. Council Discussion and Action accessible to people with disabilities. Recommendations 11. Hawaii Archipelago & Pacific Remote Requests for sign language 1. Advisory Panel Island Areas (PRIA) interpretation or other auxiliary aids 2. Fishing Industry Advisory Committee A. Moku Pepa should be directed to Kitty M. Simonds, B. Legislative Report 3. Regional Ecosystem Advisory Committee (808) 522–8220 (voice) or (808) 522– 4. Scientific and Statistical Committee C. Enforcement Issues G. Public Comment D. Education and Outreach Initiatives 8226 (fax), at least 5 days prior to the H. Council Discussion and Action E. Advisory Group Report and meeting date. 7. Pelagic & International Fisheries Recommendations Authority: 16 U.S.C. 1801 et seq. A. Specification of 2016 Bigeye Tuna 1. Advisory Panel Territorial Catch and Allocation Limits 2. Fishing Industry Advisory Committee Dated: September 21, 2015. (Action Item) 3. Regional Ecosystem Advisory Committee Tracey L. Thompson, B. Hawaii & American Samoa Longline 4. Scientific and Statistical Committee Acting Deputy Director, Office of Sustainable Fisheries Reports F. Public Comment Fisheries, National Marine Fisheries Service. C. NBR Longline Bycatch Reports 2011–13 G. Council Discussion and Action [FR Doc. 2015–24255 Filed 9–23–15; 8:45 am] D. International Fisheries 12. Mariana Archipelago BILLING CODE 3510–22–P 1. WCPFC Science Committee A. Guam a. South Pacific Albacore Stock 1. Isla Informe Assessment and Economic Performance 2. Legislative Report 2. WCPFC Northern Committee 3. Enforcement Issues DEPARTMENT OF COMMERCE 3. WCPFC Technical and Compliance 4. Community Activities and Issues Committee a. Report on Indigenous Fishing Rights National Oceanic and Atmospheric 4. Report on Majuro Purse Seine Big Eye Initiatives Administration Workshop b. Atlantis Integrated Ecosystem Model 5. Tri Marine Petition c. Yigo Community Based Management RIN 0648–XE030 6. U.S. Proposals for WCPFC 12 Program (CBMP) 7. Tokelau Arrangement 5. Education and Outreach Initiatives Taking of Marine Mammals Incidental E. Advisory Group Report and B. Commonwealth of the Northern Mariana to Specified Activities; San Francisco- Recommendations Islands Oakland Bay Bridge Pier E3 Demolition 1. Arongol Falu´ 1. Advisory Panel via Controlled Implosion 2. Fishing Industry Advisory Committee 2. Legislative Report 3. Regional Ecosystem Advisory Committee 3. Enforcement Issues AGENCY: National Marine Fisheries 4. Scientific and Statistical Committee 4. Community Activities and Issues a. Report on Northern Islands CBMP Service (NMFS), National Oceanic and F. Standing Committee Recommendations Atmospheric Administration (NOAA), G. Public Hearing meeting H. Council Discussion and Action 5. Education and Outreach Initiatives Commerce. 8. Protected Species C. Advisory Group Report and ACTION: Notice; issuance of an incidental A. American Samoa Longline Biological Recommendations take authorization. Opinion 1. Advisory Panel B. Update on Leatherback Turtle 2. Fishing Industry Advisory Committee SUMMARY: In accordance with the Interaction in the Hawaii Deep-set 3. Regional Ecosystem Advisory Committee Marine Mammal Protection Act Longline Fishery 4. Scientific & Statistical Committee (MMPA) regulations, notification is C. Advisory Group Report and D. Public Comment hereby given that NMFS has issued an E. Council Discussion and Action Recommendations Incidental Harassment Authorization 1. Advisory Panel 13. Administrative Matters 2. Fishing Industry Advisory Committee A. Financial Reports (IHA) to the California Department of 3. Regional Ecosystem Advisory Committee B. Administrative Reports Transportation (CALTRANS) to take, by 4. Scientific and Statistical Committee C. Council Family Changes harassment, small numbers of four C. Public Comment D. Statement of Organization Practices and species of marine mammals incidental D. Council Discussion and Action Procedures to the San Francisco-Oakland Bay 9. Public Comment on Non-agenda Items E. Meetings and Workshops Bridge (SFOBB) Pier E3 demolition via F. Other Business 8:30 a.m.–5 p.m., Thursday, October 22, 2015 controlled implosion in San Francisco G. Standing Committee Recommendations Bay (SFB or Bay), between October 1 10. Program Planning and Research H. Public Comment A. ACL Specification for Territorial I. Council Discussion and Action and December 30, 2015. Bottomfish (Action Item) 14. Election of Officers DATES: Effective October 1, 2015, 1. P* Working Group Report 15. Other Business through December 30, 2015.
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ADDRESSES: Requests for information on relevant), and if the permissible Description of the Specified Activity the incidental take authorization should methods of taking and requirements be addressed to Jolie Harrison, Chief, pertaining to the mitigation, monitoring A detailed description of the Permits and Conservation Division, and reporting of such takings are set CALTRANS SFOBB East Span Pier E3 Office of Protected Resources, National forth. NMFS has defined ‘‘negligible demolition via controlled implosion is Marine Fisheries Service, 1315 East- impact’’ in 50 CFR 216.103 as ‘‘. . . an provided in the Federal Register notice West Highway, Silver Spring, MD impact resulting from the specified for the proposed IHA (80 FR 44060; July 20910. A copy of the application activity that cannot be reasonably 24, 2015). Since that time, no changes containing a list of the references used expected to, and is not reasonably likely have been made to the proposed in this document, NMFS’ to, adversely affect the species or stock construction activities. Therefore, a Environmental Assessment (EA), through effects on annual rates of detailed description is not provided Finding of No Significant Impact recruitment or survival.’’ here. Please refer to that Federal (FONSI), and the IHA may be obtained Section 101(a)(5)(D) of the MMPA Register notice for the description of the by writing to the address specified established an expedited process by specific activity. above or visiting the Internet at: which citizens of the U.S. can apply for http://www.nmfs.noaa.gov/pr/permits/ a one-year authorization to incidentally Comments and Responses incidental/. Documents cited in this take small numbers of marine mammals A notice of NMFS’ proposal to issue notice may be viewed, by appointment, by harassment, provided that there is no an IHA to CALTRANS was published in during regular business hours, at the potential for serious injury or mortality the Federal Register on July 24, 2015 aforementioned address. to result from the activity. Section (80 FR 44060). That notice described, in FOR FURTHER INFORMATION CONTACT: 101(a)(5)(D) establishes a 45-day time detail, CALTRANS’ activity, the marine Shane Guan, Office of Protected limit for NMFS review of an application mammal species that may be affected by Resources, NMFS, (301) 427–8401. followed by a 30-day public notice and the activity, and the anticipated effects SUPPLEMENTARY INFORMATION: comment period on any proposed on marine mammals. During the public authorizations for the incidental Background comment period, the NMFS received harassment of marine mammals. Within one comment letter from the Marine Sections 101(a)(5)(A) and (D) of the 45 days of the close of the comment Mammal Commission (Commission). MMPA (16 U.S.C. 1361 et seq.) direct period, NMFS must either issue or deny The Commission concurred with NMFS the Secretary of Commerce to allow, the authorization. preliminary finding and recommended upon request, the incidental, but not Summary of Request that NMFS issue the requested intentional, taking of small numbers of incidental harassment authorization, marine mammals by U.S. citizens who On March 3, 2015, CALTRANS subject to inclusion of the proposed engage in a specified activity (other than submitted a request to NMFS for the mitigation, monitoring, and reporting commercial fishing) within a specified potential harassment of small numbers measures. geographical region if certain findings of marine mammals incidental to the are made and either regulations are dismantling of Pier E3 of the East Span Description of Marine Mammals in the issued or, if the taking is limited to of the original SFOBB in SFB, Area of the Specified Activity harassment, a notice of a proposed California, in fall 2015. CALTRANS is authorization is provided to the public proposing to remove the Pier E3 via The marine mammal species under for review. highly controlled implosion with NMFS jurisdiction most likely to occur An authorization for incidental detonations. On April 16, 2015, in the proposed construction area takings shall be granted if NMFS finds CALTRANS submitted a revision of its include Pacific harbor seal (Phoca that the taking will have a negligible request with an inclusion of a test vitulina richardsi), northern elephant impact on the species or stock(s), will implosion before the bridge demolition. seal (Mirounga angustirostris), not have an unmitigable adverse impact NMFS determined that the IHA California sea lion (Zalophus on the availability of the species or application was complete on May 1, californianus), and harbor porpoise stock(s) for subsistence uses (where 2015. (Phocoena phocoena).
TABLE 1—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN REGION OF ACTIVITY
Species ESA status MMPA status Occurrence
Harbor Seal ...... Not listed ...... Non-depleted ...... Frequent. California Sea Lion ...... Not listed ...... Non-depleted ...... Occasional. Northern Elephant Seal ...... Not listed ...... Non-depleted ...... Occasional. Harbor Porpoise ...... Not listed ...... Non-depleted ...... Rare.
General information on the marine concerning these species in the vicinity of marine mammal species and stocks mammal species found in the San of the proposed action area is provided from behavioral disturbances and Francisco Bay can be found in Caretta in detail in the CALTRANS’ IHA temporary hearing threshold shift (TTS) et al. (2014), which is available at the application. in the vicinity of the action area. The following URL: http:// Potential Effects of the Specified Notice of Proposed IHA included a www.nmfs.noaa.gov/pr/sars/pdf/ Activity on Marine Mammals discussion of the effects of po2013.pdf. Refer to that document for anthropogenic noise on marine information on these species. A list of The underwater impulse noise from mammals, which is not repeated here. marine mammals in the vicinity of the controlled implosion for SFOBB Pier E9 No instances of injury (including action and their status are provided in demolition in San Francisco Bay has the permanent hearing threshold shift, or Table 1. Specific information potential to result in Level B harassment PTS), serious injury, or mortality are
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expected as a result of CALTRANS’ as a result of the controlled underwater marine mammals, NMFS has activity given the mitigation and implosion. In addition to the measures established a series of take thresholds monitoring measures proposed, the brief contained in the Federal Register notice from underwater explosions for marine duration of the activity, and the limited of Proposed IHA, the IHA requires mammals belonging to different scale of the activity. CALTRANS to ensure that no harbor functional hearing groups (Table 2). porpoise Level A harassment take Under these criteria, marine mammals Potential Effects on Marine Mammal would occur by using passive acoustic Habitat from different taxa will have different monitoring to detect harbor porpoise impact zones (exclusion zones and The primary potential impacts to clicks and implement shutdown zones of influence). marine mammals and other marine measure if clicks are detected. species are associated with overpressure Furthermore, additional mitigation CALTRANS will establish an generated from the controlled measures are included to ensure that no exclusion zone for both the mortality underwater implosion, such that some take would occur during the test and Level A harassment zone fish in the immediate vicinity of the implosion. No other change was made (permanent hearing threshold shift or demolition site could be killed. These from the proposed mitigation measures PTS, GI track injury, and slight lung potential effects are discussed in detail published in the Federal Register notice injury) using the largest radius in the Federal Register notice for the (80 FR 44060; July 24, 2015) for the estimated harbor and northern elephant proposed IHA and are not repeated here. proposed IHA. seals. Estimates are that the isopleth for PTS would extend out to a radius of Mitigation Measures Time Restriction 1,160 ft (354 m) for harbor and northern In order to issue an incidental take Implosion of Pier E3 will only be elephant seals to 5,800 ft (1,768 m) for conducted during daylight hours and authorization under section 101(a)(5)(D) harbor porpoise; covering the entire with enough time for pre and post of the MMPA, NMFS must set forth the areas for both Level A harassment and permissible methods of taking pursuant implosion monitoring, and with good visibility when the largest exclusion mortality. As harbor porpoises are to such activity, and other means of zone can be visually monitored. unlikely to be in the area in November, effecting the least practicable adverse the exclusion zone boundaries would be impact on such species or stock and its Installation of Blast Attenuation System set around the calculated distance to habitat, paying particular attention to (BAS) Level A harassment for harbor and rookeries, mating grounds, and areas of Prior to the Pier E3 demolition, northern elephant seals. However, real- similar significance, and on the CALTRANS should install a Blast time acoustic monitoring (i.e., active availability of such species or stock for Attenuation System (BAS) as described listening for vocalizations with taking for certain subsistence uses. above to reduce the shockwave from the hydrophones) also will be utilized to For CALTRANS’ proposed Pier E3 implosion. provide an additional level of controlled implosion, NMFS is Establishment of Level A Exclusion confidence that harbor porpoises are not requiring CALTRANS to implement the in the affected area. following mitigation measures to Zone minimize the potential impacts to Due to the different hearing marine mammals in the project vicinity sensitivities among different taxa of
TABLE 2—NMFS ACOUSTIC CRITERIA FOR MARINE MAMMALS IN THE SFOBB PIER E3 DEMOLITION AREA FROM UNDERWATER IMPLOSIONS
Level B harassment Level A Serious injury harassment Group Species Gastro-intestinal Mortality Behavioral TTS PTS tract Lung
High-freq ceta- Harbor porpoise 141 dB 146 dB SEL or 161 dB SEL or 237 dB SPL or 39.1M1⁄3 (1+[D/ 91.4M1⁄3 (1+[D/ 1 1 cean. SEL. 195 dB SPLpk. 201 dB SPLpk. 104 psi. 10.081]) ⁄2 10.081]) ⁄2 Pa-sec. Pa-sec where: M = where: M = mass of the mass of the animals in kg. animals in kg D = depth of D = depth of animal in m. animal in m Phocidae ...... Harbor seal & 172 dB 177 dB SEL or 192 dB SEL or northern ele- SEL. 212 dB SPLpk. 218 dB SPLpk. phant seal. Otariidae ...... California sea 195 dB 200 dB SEL or 215 dB SEL or lion. SEL. 212 dBpk. 218 dB SPLpk.
* Note: All dB values are referenced to 1 μPa. SPLpk = Peak sound pressure level; psi = pounds per square inch.
Adherence to calculated distances to mammals are observed inside the exclusion zone ranges for the controlled Level A harassment for pinnipeds exclusion, the implosion will be implosion are provided in Table 3. indicates that the radius of the delayed until the animal leaves the area There is no exclusion zone for the test exclusion zone would be 1,160 ft (354 or at least 30 minutes have passed since implosion because of the small charge to m). The exclusion zone will be the last observation of the marine be used. monitored by protected species mammal. Hearing group specific observers (PSOs) and if any marine
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Establishment of Level B Temporary SEL, whichever extends out the furthest. distance was calculated at 470 ft (143 m) Hearing Threshold Shift (TTS) Zone of Hydroacoustic modeling indicates this from Pier E3, well within the exclusion Influence: isopleth would extend out to 26,500 ft zone previously described. Hearing As shown in Table 2, for harbor and (8,077 m) from Pier E3. As discussed group specific Level B TTS zone of northern elephant seals, this will cover previously, the presence of harbor influence ranges for the controlled the area out to 212 dB peak SPL or 177 porpoises in this area is unlikely but implosion are provided in Table 3. dB SEL, whichever extends out the monitoring (including real-time acoustic Hearing group specific Level B TTS furthest. Hydroacoustic modeling monitoring) will be employed to zone of influence ranges for the test indicates this isopleth would extend out confirm their absence. For California sea implosion are provided in Table 4. to 5,700 ft (1,737 m) from Pier E3. For lions, the distance to the Level B TTS harbor porpoises, this will cover the zone of influence will cover the area out Establishment of Level B Behavioral area out to 195 dB peak SPL or 146 dB to 212 dB peak SPL or 200 dB SEL. This Zone of Influence
TABLE 3—ESTIMATED DISTANCE TO NMFS MARINE MAMMAL EXPLOSION CRITERIA FOR LEVEL B HARASSMENT, LEVEL A HARASSMENT, AND MORTALITY FROM THE PROPOSED PIER E3 IMPLOSION. A BAS WITH 80% EFFICIENCY IN ACOUS- TIC ATTENUATION IS ASSESSED FOR THE IMPLOSION. FOR THRESHOLDS WITH DUAL CRITERIA, THE LARGER DIS- TANCES (I.E., MORE CONSERVATIVE) ARE PRESENTED IN BOLD AND ARE USED FOR TAKE ESTIMATES
Level B criteria Level A criteria Species Behavioral TTS Dual PTS Dual Mortality response criteria criteria GI track Lung injury
Pacific Harbor Seal ...... 9,700 ft ...... 5,700 ...... 1,160 ft ...... 35 ft ...... 450 ft ...... 205 ft (2,957 m) ..... (1,737 m) .... (354 m) ...... (11 m) ...... (137 m) ...... (63 m). 440 ft ...... 70 ft. (134 m) ...... (21 m) California Sea Lion ...... 800 ft ...... 470 ft ...... 245 ft ...... 35 ft ...... 450 ft ...... 205 ft. (244 m) ...... (143 m) ...... (75 m) ...... (11 m) ...... (137 m) ...... (63 m). 440 ft ...... 97 ft. (134 m) ...... (30 m). Northern Elephant Seal ...... 9,700 ft ...... 5,700 ft ...... 1,160 ft ...... 35 ft ...... 450 ft ...... 205 ft. (2,957 m) ..... (1,737 m) .... (354 m) ...... (11 m) ...... (137 m) ...... (63 m). 440 ft ...... 70 ft. (134 m) ...... (21 m) Harbor Porpoise ...... 44,500 ft ...... 26,500 ft ...... 5,800 ft ...... 35 ft ...... 450 ft ...... 205 ft. (13,564 m) ... (8,077 m) .... (1,768 m) .... (11 m) ...... (137 m) ...... (63 m). 2,600 ft ...... 1,400 ft. (792 m) ...... (427 m).
As shown in Table 2, for harbor seals TABLE 4—ESTIMATED DISTANCES TO If harbor porpoise clicks are detected and northern elephant seals, this will NMFS MARINE MAMMAL EXPLOSION during passive acoustic monitoring, the cover the area out to 172 dB SEL. CRITERIA FOR TEMPORARY HEARING implosion will be delayed for 30 Hydroacoustic modeling indicates this THRESHOLD SHIFT (TTS) FROM THE minutes after the clicks are ceased. isopleth would extend out to 9,700 ft PROPOSED TEST IMPLOSION Communication (2,957 m) from Pier E3. For harbor porpoises, this will cover the area out to Species Level B All PSOs will be equipped with 141 dB SEL. Hydroacoustic modeling TTS mobile phones and a VHF radio as a indicates this isopleth would extend out Pacific harbor seal ...... 45 feet. backup. One person will be designated to 44,500 ft (13,564 m) from Pier E3. As California sea lion ...... 45 feet. as the Lead PSO and will be in constant discussed previously, the presence of Northern elephant seal ...... 45 feet. contact with the Resident Engineer on harbor porpoises in this area is unlikely Harbor porpoise ...... 270 feet. site and the blasting crew. The Lead but monitoring (including real-time PSO will coordinate marine mammal acoustic monitoring) will be employed Delay of Implosion Activities sightings with the other PSOs and the to confirm their absence. For California If any marine mammal is observed real time acoustic monitor. PSOs will sea lions, the distance to the Level B inside the exclusion zone of controlled contact the other PSOs when a sighting behavioral harassment ZOI will cover implosion, the implosion will be is made within the exclusion zone or the area out to 195 dB SEL. This delayed until the animal leaves the area near the exclusion zone so that the PSOs distance was calculated at 800 ft (244 m) or at least 30 minutes have passed since within overlapping areas of from Pier E3, well within the exclusion the last observation of the marine responsibility can continue to track the zone previously described. Hearing mammal. animal and the Lead PSO is aware of the group specific Level B behavioral zone If any marine mammal is observed animal. If it is within 30 minutes of of influence ranges for the controlled inside the Level B ZOIs during the test blasting and an animal has entered the implosion are provided in Table 3. implosion, the test implosion will be exclusion zone or is near it, the Lead There is no Level B behavioral ZOI for delayed until the animal leaves the area PSO will notify the Resident Engineer the test implosion because there would or at least 30 minutes have passed since and blasting crew. The Lead PSO will only be one detonation. the last observation of the marine keep them informed of the disposition mammal. of the animal.
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Mitigation Conclusions (6) For monitoring directly related to received level, distance from source, NMFS has carefully evaluated the mitigation—an increase in the and other pertinent information); D Physiological measurements in the mitigation measures and considered a probability of detecting marine presence of stimuli compared to range of other measures in the context mammals, thus allowing for more observations in the absence of stimuli of ensuring that NMFS prescribes the effective implementation of the (need to be able to accurately predict means of effecting the least practicable mitigation. Based on our evaluation of the received level, distance from source, impact on the affected marine mammal mitigation measures, as well as other and other pertinent information); species and stocks and their habitat. Our measures considered by NMFS, NMFS D Distribution and/or abundance evaluation of potential measures has determined that the mitigation comparisons in times or areas with included consideration of the following measures provide the means of effecting concentrated stimuli versus times or factors in relation to one another: • the least practicable impact on marine areas without stimuli; The manner in which, and the mammals species or stocks and their (4) An increased knowledge of the degree to which, the successful habitat, paying particular attention to affected species; and implementation of the measure is rookeries, mating grounds, and areas of (5) An increase in our understanding expected to minimize adverse impacts similar significance. of the effectiveness of certain mitigation to marine mammals and monitoring measures. • The proven or likely efficacy of the Monitoring and Reporting specific measure to minimize adverse In order to issue an incidental take Monitoring Measures impacts as planned authorization (ITA) for an activity, Monitoring for implosion impacts to • The practicability of the measure section 101(a)(5)(D) of the MMPA states marine mammals will be based on the for applicant implementation. that NMFS must set forth, SFOBB pile driving monitoring Any mitigation measure(s) prescribed ‘‘requirements pertaining to the protocol. Pile driving has been by NMFS should be able to accomplish, monitoring and reporting of such conducted for the SFOBB construction have a reasonable likelihood of taking.’’ The MMPA implementing project since 2000 with development of accomplishing (based on current regulations at 50 CFR 216.104(a)(13) several NMFS-approved marine science), or contribute to the indicate that requests for ITAs must mammal monitoring plans (CALTRANS accomplishment of one or more of the include the suggested means of 2004; 2013). Most elements of these general goals listed below: accomplishing the necessary monitoring marine mammal monitoring plans are (1) Avoidance or minimization of and reporting that will result in similar to what would be required for injury or death of marine mammals increased knowledge of the species and underwater implosions. These wherever possible (goals 2, 3, and 4 may of the level of taking or impacts on monitoring plans would include contribute to this goal). populations of marine mammals that are monitoring an exclusion zone and ZOIs (2) A reduction in the numbers of expected to be present in the proposed for TTS and behavioral harassment marine mammals (total number or action area. CALTRANS submitted a described above. In addition, number at biologically important time marine mammal monitoring plan as part CALTRANS shall implement passive or location) exposed to received levels of the IHA application. It can be found acoustic monitoring. All monitoring will of pile driving and pile removal or other at http://www.nmfs.noaa.gov/pr/ be conducted by NMFS-approved PSOs. activities expected to result in the take permits/incidental.htm. A change is made from the Federal of marine mammals (this goal may Monitoring measures prescribed by Register notice (80 FR 44060; July 24, contribute to 1, above, or to reducing NMFS should accomplish one or more 2015) for the proposed IHA to clarify harassment takes only). of the following general goals: that a minimum of 10 protected species (3) A reduction in the number of (1) An increase in the probability of observers would be required for marine times (total number or number at detecting marine mammals, both within mammal monitoring during the biologically important time or location) the mitigation zone (thus allowing for controlled implosion. No other change individuals would be exposed to more effective implementation of the was made from the proposed monitoring received levels of pile driving and pile mitigation) and in general to generate measures published in the Federal removal, or other activities expected to more data to contribute to the analyses Register notice for the proposed IHA. result in the take of marine mammals mentioned below; (this goal may contribute to 1, above, or (2) An increase in our understanding (1) Protected Species Observers to reducing harassment takes only). of how many marine mammals are A minimum of 8–10 PSOs would be (4) A reduction in the intensity of likely to be exposed to levels of pile required during the Pier E3 controlled exposures (either total number or driving that we associate with specific implosion so that the exclusion zone, number at biologically important time adverse effects, such as behavioral Level B Harassment TTS and Behavioral or location) to received levels of pile harassment, TTS, or PTS; ZOIs, and surrounding area can be driving, or other activities expected to (3) An increase in our understanding monitored. One PSO would be result in the take of marine mammals of how marine mammals respond to designated as the Lead PSO and would (this goal may contribute to a, above, or stimuli expected to result in take and receive updates from other PSOs on the to reducing the severity of harassment how anticipated adverse effects on presence or absence of marine mammals takes only). individuals (in different ways and to within the exclusion zone and would (5) Avoidance or minimization of varying degrees) may impact the notify the Blasting Supervisor of a adverse effects to marine mammal population, species, or stock cleared exclusion zone to the implosion. habitat, paying special attention to the (specifically through effects on annual food base, activities that block or limit rates of recruitment or survival) through (2) Monitoring Protocol passage to or from biologically any of the following methods: PSOs shall be positioned near the important areas, permanent destruction D Behavioral observations in the edge of each of the threshold criteria of habitat, or temporary destruction/ presence of stimuli compared to zones and shall utilize boats, barges, disturbance of habitat during a observations in the absence of stimuli bridge piers and roadway, and sites on biologically important time. (need to be able to accurately predict Yerba Buena Island and Treasure Island,
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as described in Figure 3 of the • Duration of sighting or times of assessing the impact of the demolition CALTRANS Marine Mammal multiple sightings of the same of the remaining piers through future Monitoring Plan. The Lead PSO shall be individual controlled implosions. located with the Department Engineer Monitoring of the implosion is (5) Real Time Acoustic Monitoring for specific to two regions around Pier E3 and the Blasting Supervisor (or person Harbor Porpoises that will be in charge of detonating the with unique methods, approaches, and charges) during the implosion. While harbor porpoises are not plans for each of these regions. These The Lead PSO will be in contact with expected to be within the CALTRANS’ regions include the ‘‘near field’’ and the other PSOs and the acoustic monitors. Pier E3 implosion Level B TTS ZOI ‘‘far field’’. For Pier E3, the near field As the time for the implosion (within 26,500 ft [8,077 ms]) in will comprise measurements taken approaches, any marine mammal November, real time acoustic within 500 ft of the pier while the far sightings would be discussed between monitoring to confirm species absence field will comprise measurements taken the Lead PSO, the Resident Engineer, shallow be implemented as an added at 500 feet and all greater distances. and the Blasting Supervisor. If any measure in addition to active Measurements inside the BAS will be marine mammals enter the exclusion monitoring by trained visual PSOs. made with near and far field systems zone within 30 minutes of blasting, the Harbor porpoises vocalize frequently using PCB 138A01 transducers. At the Lead PSO will notify the Resident with other animals within their group, 100-ft distance, the near field system Engineer and Blasting Supervisor that and use echolocation to navigate and to will use another PCB 138A01 transducer the implosion may need to be delayed. locate prey. Therefore, as an additional while the far field system will use both The Lead PSO will keep them informed monitoring tool, a real time acoustic a PCB 138A01 transducer and a Reson of the disposition of the animal. If the monitoring system will be used to detect TC4013 hydrophone. Prior to activating animal remains in the exclusion zone, the presence or absence of harbor the BAS, ambient noise levels will be blasting will be delayed until it has left porpoises as a supplement to visual measured. While the BAS is operating the exclusion zone. If the animal dives monitoring. and before the test implosion, The system would involve two bio- and is not seen again, blasting will be background noise measurements will acousticians monitoring the site in real delayed at least 30 minutes. Once the also be made. After the test implosion, time, likely near the north end of implosion has occurred, the PSOs will the results will be evaluated to Treasure Island as most harbor continue to monitor the area for at least determine if any final adjustments are porpoises appear to pass through the 60 minutes. needed in the measurement systems area north of Treasure Island before prior to the Pier E3 controlled (3) Post-Implosion Survey heading south toward the East Span of implosion. Pressure signals will be the SFOBB. A calibrated hydrophone or Although any injury or mortality from analyzed for peak pressure and SEL towed array would be suspended from the implosion of Pier E3 is very values prior to the scheduled time of the a boat and/or several sonobuoys unlikely, boat or shore surveys will be Pire E3 controlled implosion. (acoustic information is sent via conducted for the three days following telemetry to the acoustic boat) or a Reporting Measures the event to determine if there are any hydrophone moored offshore with a CALTRANS is required to submit a injured or stranded marine mammals in cable leading to a shore based acoustic draft monitoring report within 90 days the area. If an injured or dead animal is station will be deployed outside of the after completion of the construction discovered during these surveys or by monitoring area of Pier E3. All work or the expiration of the IHA, other means, the NMFS-designated equipment will be calibrated and tested whichever comes earlier. This draft stranding team will be contacted to pick prior to the implosion to ensure report would detail the monitoring up the animal. Veterinarians will treat functionality. This system would not be protocol, summarize the data recorded the animal or conduct a necropsy to able to give an accurate distance to the during monitoring, and estimate the attempt to determine if it stranded was animal but would either determine that number of marine mammals that may a result of the Pier E3 implosion. no cetaceans are in the area or would have been harassed. NMFS would have (4) Monitoring Data Collection provide a relative distance and direction an opportunity to provide comments on so that PSOs could search for the Each PSO will record their the draft report within 30 days, and if cetaceans and determine if those observation position, start and end NMFS has comments, CALTRANS animals have entered or may enter the times of observations, and weather would address the comments and Pier E3 implosion area. The bio- conditions (sunny/cloudy, wind speed, submit a final report to NMFS within 30 acousticians would be in fog, visibility). For each marine mammal days. If no comments are provided by communication with the Lead PSO and sighting, the following will be recorded, NMFS after 30 days receiving the report, would alert the crew to the presence of if possible: the draft report is considered to be final. any cetacean approaching the • Species monitoring area. It would also provide Marine Mammal Stranding Plan • Number of animals (with or without further confirmation that there are no In addition, a stranding plan will be pup/calf) cetaceans around Pier E3 in addition to prepared in cooperation with the local • Age class (pup/calf, juvenile, adult) the visual observations documenting no NMFS-designated marine mammal • Identifying marks or color (scars, red observations. stranding, rescue, and rehabilitation pelage, damaged dorsal fin, etc.) center. Although mitigation measures • Position relative to Pier E3 (distance (6) Hydroacoustic Monitoring for would likely prevent any injuries, and direction) Underwater Implosion preparations will be made in the • Movement (direction and relative The purpose of hydroacoustic unlikely event that marine mammals are speed) monitoring during the controlled injured. Elements of that plan would • Behavior (logging [resting at the implosion of Pier E3 is twofold: (1) To include the following: surface], swimming, spyhopping evaluate distances to marine mammal 1. The stranding crew would prepare [raising above the water surface to impact noise criteria; and (2) to improve treatment areas at the NMFS-designated view the area], foraging, etc.) the prediction of underwater noise for facility for cetaceans or pinnipeds that
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may be injured from the implosion. estimated density of each species in the period. All harbor seal observations Preparation would include equipment project vicinity. Specifically, the takes within a km2 area were used in the to treat lung injuries, auditory testing estimates are calculated by multiplying estimate. Distances were recorded using equipment, dry and wet caged areas to the ensonified areas that are specific to a laser range finder (Bushnell Yardage hold animals, and operating rooms if each functional hearing group by the Pro Elite 1500; ±1.0 yards accuracy). surgical procedures are necessary. density of the marine mammal species. Care was taken to eliminate multiple Equipment to conduct auditory observations of the same animal Marine Mammal Density Estimates brainstem response hearing testing although this was difficult when more would be available to determine if any There are no systematic line transect than three seals were foraging in the inner ear threshold shifts (TTS or PTS) surveys of marine mammals within San same area. have occurred (Thorson et al. 1999). Francisco Bay, therefore, the in water Density of harbor seals was highest 2. A stranding crew and a veterinarian densities of harbor seals, California sea near YBI and Treasure Island, probably would be on call near the Pier E3 site lions, and harbor porpoises were due to the haul-out site and nearby at the time of the implosion to quickly calculated from 14 years of observations foraging areas in the Coast Guard and recover any injured marine mammals, during monitoring for the SFOBB Clipper coves. Therefore, density provide emergency veterinary care, construction and demolition. During the estimates were calculated for a higher stabilize the animal’s condition, and 210 days of monitoring (including 15 density area within 3,936 ft (1,200 m) transport individuals to the NMFS- days of baseline monitoring in 2003), west of Pier E3, which includes these designated facility. If an injured or dead 657 harbor seals, 69 California sea lions two foraging coves. A lower density animal is found, NMFS (both the and three harbor porpoises were estimate was calculated from the area regional office and headquarters) will be observed within the waters of the east east of Pier E3 and beyond 3,936 ft notified immediately even if the animal span of the SFOBB. Density estimates (1,200 m) to the north and south of Pier appears to be sick or injured from other for other species were made from E3. than blasting. stranding data provided by the MMC These density estimates were then 3. Post-implosion surveys would be (Sausalito, CA; Northern elephant seal). extrapolated to the threshold criteria conducted immediately after the event areas delineated by the hydroacoustic (1) Pacific Harbor Seal and over the following three days to models to calculate the number of determine if there are any injured or Most data on harbor seal populations harbor seals likely to be exposed. dead marine mammals in the area. are collected while the seals are hauled 4. Any veterinarian procedures, out. This is because it is much easier to (2) California Sea Lion euthanasia, rehabilitation decisions and count individuals when they are out of Most data on California sea lion time of release or disposition of the the water. In-water density estimates populations are collected while the animal will be at the discretion of the rely on haul-out counts, the percentage seals are hauled out as it is much easier NMFS-designated facility staff and the of seals not on shore based on radio to count individuals when they are out veterinarians treating the animals. Any telemetry studies, and the size of the of the water. In-water density estimates necropsies to determine if the injuries or foraging range of the population. Harbor rely on haul-out counts, the percentage death of an animal was the result of the seal density in the water can vary of sea lions not on shore based on radio blast or other anthropogenic or natural greatly depending on weather telemetry studies, and the size of the causes will be conducted at the NMFS- conditions or the availability of prey. foraging range of the population. Sea designated facility by the stranding crew For example, during Pacific herring runs lion density, like harbor seal densities, and veterinarians. The results will be further north in the Bay (near in the water can vary greatly depending communicated to both CALTRANS and Richardson Bay, outside of the Pier E3 on weather conditions, the availability to NMFS as soon as possible with a hydroacoustic zone) in February 2014, of prey, and the season. For example, written report within a month. very few harbor seals were observed sea lion density increases during the foraging near Yerba Buena Island (YBI) summer and fall after the end of the Estimated Take by Incidental or transiting through the SFOBB area for breeding season at the Southern Harassment approximately two weeks. Sightings California rookeries. Except with respect to certain went from a high of 16 harbor seal For the proposed project, California activities not pertinent here, the MMPA individuals foraging or in transit in one sea lion density was calculated from all defines ‘‘harassment’’ as: any act of day to 0–2 seals per day in transit or observations during SFOBB monitoring pursuit, torment, or annoyance which (i) foraging through the SFOBB area from 2000 to 2014. These observations has the potential to injure a marine (CALTRANS 2014). Calculated harbor included data from baseline, pre, during mammal or marine mammal stock in the seal density is a per day estimate of and post pile driving and onshore wild [Level A harassment]; or (ii) has harbor seals in a 1 km2 area within the implosion activities. During this time, the potential to disturb a marine fall/winter or spring/summer seasons. the population of sea lions within the mammal or marine mammal stock in the Harbor seal density for the proposed Bay has remained stable as have the wild by causing disruption of behavioral project was calculated from all numbers observed near the SFOBB patterns, including, but not limited to, observations during SFOBB Project (Manugian 2013). As a result, we do not migration, breathing, nursing, breeding, monitoring from 2000 to 2014. These anticipate significant differences in the feeding, or sheltering [Level B observations included data from number of sea lion or their movements harassment]. baseline, pre, during and post pile over that 15 year period. All sea lion Numbers of marine mammals within driving and onshore implosion observations within a km2 area were the Bay may be incidentally taken activities. During this time, the used in the estimate. Distances were during demolition using controlled population of harbor seals within the recorded using a laser range finder charges (impulse sound) related to the Bay has remained stable (Manugian (Bushnell Yardage Pro Elite 1500; ±1.0 demolition of the original East Span of 2013), therefore, we do not anticipate yards accuracy). Care was taken to the SFOBB were calculated based on significant differences in numbers or eliminate multiple observations of the acoustic propagation models for each behaviors of seals hauling out, foraging same animal, although most sea lion functional hearing group and the or in their movements over that 15 year observations involve a single animal.
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Calculated California sea lion density is Some individuals may have simply left driving and onshore implosion a per day estimate of sea lions in a one the Bay soon after entering. Data from activities. Over this period, the number km2 area within the fall/winter or the MMC show several elephant seals of harbor porpoises that were observed spring/summer seasons. stranding on Treasure Island and one entering and using the Bay increased. healthy elephant seal was observed (3) Northern Elephant Seal During the fifteen years of observational resting on the beach in Clipper Cove in data around the SFOBB Project, only Northern elephant seal density 2012. Elephant seal pups or juveniles four harbor porpoises were observed around Pier E3 was calculated from the also may strand after weaning in the and all occurred from 2006 to 2014 stranding records of the MMC from 2004 spring and when they return to (including two in 2014). All harbor to 2014. These data included both California in the fall (September through porpoise observations within a km2 area injured or sick seals and healthy seals. November). were used in the estimate. Distances Approximately 100 elephant seals were (4) Harbor Porpoise were recorded using a laser range finder reported within the Bay during this ± time, most of these hauled out and were Harbor porpoise density was (Bushnell Yardage Pro Elite 1500; 1.0 likely sick or starving. The actual calculated from all observations during yards accuracy). number of individuals within the Bay SFOBB monitoring from 2000 to 2014. A summary of marine mammal may be higher as not all individuals These observations included data from density information is provided in Table would necessarily have hauled out. baseline, pre, during and post pile 5.
TABLE 5—ESTIMATED IN-WATER DENSITY OF MARINE MAMMALS THAT MAY OCCUR IN THE VICINITY OF CALTRANS’ PROPOSED PIER E3 CONTROLLED IMPLOSION AREA
Density within 1,200m Density beyond Species Main season of occurence of SFOBB 1,200m of SFOBB (animals/km2) (animals/km2)
Pacific Harbor Seal ...... Spring–Summer (pupping/molt seasons) ...... 0.30 ...... 0.15. Pacific Harbor Seal ...... Fall–Winter ...... 0.77 ...... 0.15. Sea Lion ...... Late Summer–Fall (Post Breeding Season) ...... 0.12 ...... 0.12. Sea Lion ...... Late Spring–Early Summer (Breeding Season) ...... 0.06 ...... 0.06. Northern Elephant Seal ...... Late Spring–Early Winter (Pups After First Trip To Sea) ...... 0.03 ...... 0.03. Harbor Propoise ...... All Year ...... Very Low, estimated Very Low, estimated at 0.004. at 0.004.
Impact Zones Modeling CALTRANS to evaluate potential blasts while Cole’s confined equation Since the proposed Pier E3 controlled equations for modeling blast-induced appeared to most accurately predict implosion would be carried as a peak pressures and subsequent effects to observed peak pressures. Oriard’s confined explosion, certain elements marine mammals (Kiewit-Mason, pers. conservative concrete equation were taken into the modeling process Comm 2015 in CALTRANS 2015). All overestimated peak pressures, but not as beyond a simple open-water blast 39 blasts occurred in approximately 55 dramatically as under Cole’s unconfined model. Confinement is a concept in ft (16.8 m) of water, similar to the equation. NMFS and CALTRANS have blasting that predicts the amount of maximum water depth around Pier E3. opted to use more conservative methods blast energy that is expected to be In addition, all blasts had burdens (i.e., to ensure an additional level of safety absorbed by the surrounding structural distance from the charge to the outside when predicting the monitoring zone material, resulting in the fracturing side of the material being fractured) of and potential impact areas to marine necessary for demolition. The energy approximately 1.5 to 2 ft (0.5 to 0.6 m). mammals from the proposed controlled Burdens for Pier E3 also are estimated beyond that absorbed by the material is implosion project. the energy that produces the pressure to be in this range. Data provided wave propagating away from the source. included the charge weight, observed The applicable metrics discussed are NMFS has determined that modeling peak pressure, distance of peak pressure the peak pressure (Ppk) expressed in dB, with confinement was appropriate for observation, and the modeled peak the accumulated sound exposure level the proposed Pier E3 blast by evaluating pressure using Cole’s confined equation, (SEL) also expressed in dB, and the blast results from case study data for Cole’s unconfined equation, and positive acoustic impulse (I) in Pa-sec. underwater implosions similar to the Oriard’s conservative concrete equation The criteria for marine mammals are SFOBB Pier E3 implosion. In addition, (Cole 1948; Oriard 2002). grouped into behavioral response, slight the NMFS worked with CALTRANS and Using these data, appropriate injury, mortality, and the specific compared case study results to equations for modeling the associated acoustic thresholds depend on group published blast models that incorporate hydroacoustic impacts are established and species. These are summarized in a degree of confinement. for the Pier E3 controlled implosion. Table 2. The metrics for these are Data from 39 comparable underwater Cole’s unconfined equation greatly criteria defined as: concrete blasts were used by overestimated peak pressures for all
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General Assumptions north, and west of the pier will be calculation point would not be 588 shielded from the blasting on the signals of the same amplitude, but The blast event will consist of a total interior of the structure from the still- would be from one at the estimated of 588 individual delays of varying standing exterior walls of the pier. level for a 35 pound charge and 587 of charge weight; the largest is 35 pounds/ However, towards the conclusion of the varying lower amplitudes. Similarly, in delay and the smallest is 21 pounds/ blast, each direction will experience the vertical direction, the location varies delay. The blasting sequence is rather complex. On the full height walls, 30 blasts from the outer walls that are not over a height of about 50 ft (15 m) and pound weights will be used for the shielded. those blasts that are not at the same 2 depth as the receiver would also be portion below mud line, 35 pound To estimate Ppk and P (t), several weights will be used in the lower assumptions were made. For lower. This effect of variation in structure immediately above mud line, simplification, it was assumed that there assumed blast to receiver distance will 29.6 pounds in the midstructure, and 21 is only one blast distance and it is to the be most pronounced close to the pier, pounds in the upper structure. Full closest point on the pier from the while at distances of about 1,000 ft details on the delay weights and receiver point. In actuality for almost all (305 m) or greater, the effect would be locations can be found in the Blast Plan explosions, distances from the blast will less than 1 dB. (CALTRANS 2015). Blasts will start in be greater as the pier is approximately In the calculations, it was also several interior webs of the southern 135 ft (41 m) across and 80 ft (24 m) assumed that there would be no self- portion of the structure followed by the wide. Based on these dimensions, the shielding of the pier as the explosions outer walls of the south side. The blasts actual blast point could be up to 135 ft progress. From the above discussion of in the inner walls will occur just prior (41 m) further from the receptor point the blast sequence, some shielding of to the adjacent outer walls. The interior used for the calculation. As a result, the the blasts along the interior of the pier first, exterior second blast sequence will calculated peak level is the maximum will occur. However, the blasts that continue across the structure moving expected for one 35 pound blast while occur in outer wall (towards the end of from south to north. The time for the the other levels would be lower the implosion) will not be shielded for 588 detonations is 5.3 seconds with a depending on the distance from the all blasts. A blast in the outer wall that minimum delay time of 9 milliseconds actual blast location to the calculation has a direct line of sight to the receptor (ms) between detonations. As the point and weight of the charge. In other calculation point will not be shielded blasting progresses, locations to east, words, the pressure received at the and will generate the highest peak
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pressure relative to be compared to the 2011), corresponding to multiplication is negative so that when it arrives at the Lpk criterion. The cumulative SEL and factors from 0.35 to 0.05, respectively. receiver location, it will reduce the the root-mean-squared (RMS) levels; Based on a review of the available positive pressure of the direct wave and however, will be reduced to some literature and recent data from similar can make the total pressure negative at degree by the outer walls until they are explosive projects, CALTRANS and times after the arrival of the initial demolished as these metrics are defined NMFS decided to use a conservative positive peak pressure. Since the SEL is by the pressure received throughout the confinement factor of K=7500 which a pressure squared quantity, any entire 5.3 second event. However, due equates to a 65% reduction in pressure negative pressure can also contribute to to the complexity of the blast sequence, and by a multiplication factor of 0.3472 the SEL. However, the amplitude and this shielding effect was not considered (Eq. 4). arrival time of the surface-relief wave in the calculated SEL and RMS levels. Another assumption was to consider Based on the Blast Plan (CALTRANS only the direct wave from an individual depends on the geometry of the propagation case, that is, depth of water, 2015), the delays are to be placed in 23⁄4 blast. In shallow water, the signal at the to 3 inch (7 to 7.6 cm) diameter holes receiver point could consist of the direct depth of blast, and distance and depth drilled into the concrete pier structure. wave, surface-relief wave generated by of the receiver point. The effect of this The outer walls of the pier are the water/air interface, a reflected wave assumption is discussed further in the nominally 3 ft-111⁄2 inch (1.5 m) thick from the bottom, and a wave transmitted section on SEL. and inner walls are nominally 3 ft through the bottom material (USACE Estimation of Peak Pressure (0.9 m) thick. Individual blasts should 1991). For estimating Ppk, only the direct be not exposed to open water and some wave is considered as it will have the Peak pressures were estimated by confinement of the blasts is expected. highest magnitude and will arrive at the following the modified version of the For confined blasts, the predicted receiver location before any other wave Cole Equation for prediction of blasts in pressures can be reduced by 65 to 95% component. However, P(t) after the open, deep water (Cole 1948). The peak (Nedwell and Thandavamoorthy 1992; arrival of the direct wave peak pressure pressure is determined by: Rickman 2000; Oriard 2002; Rivey will be effected. The surface-relief wave
where Ppk is peak pressure in pounds the original Cole Equation. To account BAS performance, and the ‘‘General per square inch (psi), and l is the scaled for the confining effect of the concrete Assumptions’’ above, the calculated range given by R/W1/3 in which R is the pier structure, a conservative K factor of peak pressures are expected to be distance in feet and W is the weight of 7,500 was used corresponding to conservative. the explosive charge in pounds. A multiplying USACE Ppk by a factor of modified version of the Cole Equation 0.3472. With a minimum delay between Estimation of SEL Values has been documented in U.S. Army of blast of 9 ms, the individual delays Estimating the weighted SEL values Corps of Engineer (USACE) Technical will be spaced sufficiently far in time to for the different groups/species is a Letter No. 1110–8–11(FR) and is avoid addition of the peak pressures. In applicable to shallow water cases such this case, the peak pressure is defined multiple step process. The first step is as that of the Pier E3 demolition by that calculated for the largest charge to estimate SEL values as a function of (USACE 1991). The constant K factor weight of 35 pounds/delay. A BAS is distance from the blast pressure versus multiplier in the USACE calculation is specified in the Blast Plan. Based on the time histories for each of the six charge 21,600 for an open-water blast instead of literature and recent results from similar weights as a function of distance. The the 22,550 from the original Cole projects, reductions in the pressure peak open-water equation used for this Expression. This factor is slightly less of 85% to 90% or more are expected. calculation was that modified by the (∼4%) than the original Cole. The decay For determining Ppk in this analysis, a USACE (1991) based on methods factor (-1.13) used in the USACE conservative reduction of 80% has been pioneered by Cole (1948). Pressure as a modified equation remains the same as used. Based on values of confinement, function of time is given by:
where ta is given as R/5,000 and q is:
These calculations were then considered in the SEL estimation, contribution is expected from the extended to distances out to 160,000 ft including the surface relief wave, bottom based on its sedimentary nature (48.8 km). reflection from the bottom, and and previous experiences from As discussed previously, there are transmission through and re-radiation measuring noise from underwater pile other wave components that could be from the bottom. Little or no driving in the area around Pier E3. The
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negative surface relief wave could be a calculated for the time histories at each mudline, which will be located below factor in the SEL estimation. This wave analysis distance. Each FFT was then the BAS, were also reduced by 80% could either increase or decrease the filtered using the frequency weighted based on an assumption that the outside SEL depending on its arrival time specified for each group. Filter factors pier walls here (which will not be relative to the direct wave. For small were then determined for each distance removed) and Bay mud sediments will differences in arrival time, the surface by subtracting the filtered result from provide a similar level of attenuation. relief will decrease the total SEL as a the unfiltered FFT data and determining These SEL values and those without the portion of the positive direct wave is the overall noise reduction in decibels. BAS were then compared to the negated by the addition of the negative These filter factors were applied to the appropriate criteria for each marine surface relief wave. For closer distances accumulated SEL determined for the mammal group. Because the calculation and when the receptor and blast entire blast event for each distance from of SEL is based on the peak pressure, locations are near the bottom, the total the Pier. SEL can become greater than the direct The BAS of the Blast Plan will have these estimates for the direct wave wave SEL, but only by less than 3 dB. an effect on the wave once a blast passes component are expected to be However, whenever the source or through it. In a research report by conservative for the same reasons as receiver is near the surface, the direct USACE in 1964, the performance of a described for the peak pressures. wave SEL will be greater than the total BAS was examined in detail (USACE Estimation of Positive Impulse SEL and can approach being 10 dB 1964). It has also been found that for an greater for distances beyond 1,000 ft energy metric such as SEL, the To estimate positive impulse values, (305 m). As a result, the surface relief reduction produced by the BAS was the expression originally developed by wave is ignored in this analysis equal to or greater than the reduction of Cole for open water was used (Cole knowing that the surface relief wave the peak pressure (USACE 1991; Rude 1948). This expression includes only would only tend to produce lower SEL 2002; Rude and Lee 2007; Rivey 2011). contributions from the direct wave values than the direct wave. To estimate the reduction for SEL values neglecting any contribution from the For each of the marine mammal due to the BAS installed in the Blast surface relief, bottom reflected, and groupings included in Table 2, specific Plan (CALTRANS 2015), SEL was bottom transmitted consistent with the filter shapes apply to each functional reduced by 80%. Effectively, this was assumptions used to estimate SEL. In hearing group. To apply this weighting, done by reducing the SEL by 20 Log this case, impulse is given by: the Fast Fourier Transform (FFT) was (0.20), or 14 dB. Delays below the
with the variables defined in Equation pressure, SEL, and impulse are based on sufficient uncertainty in the blast event 4. The impulse can also equivalently be established relationships between and its propagation such that further, calculated from wave forms. Equation 5 charge weight and distance from the less conservative adjustments would not produces impulse values in psi-msec literature. The estimated distances were be appropriate. which were converted to Pa-sec by determined assuming unconfined open Estimated exposure numbers are multiplying by 6.9 for comparison to the water blasts from the original Cole subsequently calculated based on marine mammal criteria. equations or the Cole equations modeled ensonified areas and marine Unlike Ppk and SEL, no reduction by modified by USACE. The assumption of mammal density information. However, the BAS is assumed for the impulse open water neglects several effects that since many marine mammals are calculation. The area under the P(t) could produce lower levels than expected to occur in groups, the curve under goes little change after estimated. These include no shielding estimated exposure numbers are passing the BAS. The peak pressure is by the pier structure prior a specific adjusted upward by a factor of 2 to reduced as noted previously, however, blast, confining of the individual delays provide estimated take numbers. In since the P(t) expands in duration, the in the holes drilled into the pier addition, although modeling shows that area change is minimal. This behavior is structure, and longer distances to no California sea lion would be well documented in the literature (Cole individual blasts than assumed by exposure to noise levels that would 1948; USACE 1964; USACE 1991; closest distance between the pier and result in a take, its presence in the Rickman 2000). As discussed above, this the receptor point. For SEL, the vicinity of SFOBB has been is not the case for SEL which is assumption of open water blasts documented. Therefore, take of 2 of determined by the area under the P2(t) neglects the surface relief wave which at California sea lion is assessed. A curve. longer distances from the pier, would summary of estimated takes and tend to reduce the SEL due to exposures of marine mammals that Estimated Takes of Marine Mammals interference with the direct wave. could result from CALTRANS’ Pier E3 The estimated distances (Table 3) to Although the estimated levels and controlled implosion is provided in the marine mammal criteria for peak distances may be conservative, there is Table 6.
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TABLE 6—SUMMARY OF THE ESTIMATED TAKES AND EXPOSURES (IN PARENTHESIS) OF MARINE MAMMALS TO THE PIER E3 IMPLOSION
Level B take Species Level A take Mortality Population % take Behavioral TTS population
Pacific harbor seal ...... 12 (6) 6 (3) 0 (0) 0 (0) 30.196 0.06 California sea lion ...... 2 (0) 0 (0) 0 (0) 0 (0) 296,750 0.00 Northern elephant seal ...... 2 (1) 0 (0) 0 (0) 0 (0) 124,000 0.00 Harbor porpoise ...... 2 (1) 0 (0) 0 (0) 0 (0) 9,886 0.02
Analysis and Determinations marine mammal is sighted within the Pier E3 demolition via controlled exclusion. implosion will not adversely affect Negligible Impact The takes that are anticipated and annual rates of recruitment or survival; Negligible impact is ‘‘an impact authorized are expected to be limited to accordingly we conclude the taking will resulting from the specified activity that short-term Level B harassment have a negligible impact on the affected cannot be reasonably expected to, and is (behavioral and TTS). Marine mammals marine mammal species or stocks. not reasonably likely to, adversely affect (Pacific harbor seal, northern elephant the species or stock through effects on seal, California sea lion, and harbor Small Numbers annual rates of recruitment or survival’’ porpoise) present in the vicinity of the action area and taken by Level B The requested takes represent less (50 CFR 216.103). A negligible impact than 0.06% of all populations or stocks finding is based on the lack of likely harassment would most likely show overt brief disturbance (startle reaction) potentially impacted (see Table 6 in this adverse effects on annual rates of document). These take estimates recruitment or survival (i.e., population- and avoidance of the area from the represent the percentage of each species level effects). An estimate of the number implosion noise. A few Pacific harbor or stock that could be taken by Level B of Level B harassment takes, alone, is seals could experience TTS if they occur behavioral harassment and TTS (Level B not enough information on which to within the Level B TTS ZOI. However, base an impact determination. In TTS is a temporary loss of hearing harassment). The numbers of marine addition to considering estimates of the sensitivity when exposed to loud sound, mammals estimated to be taken are number of marine mammals that might and the hearing threshold is expected to small proportions of the total be ‘‘taken’’ through behavioral recover completely within minutes to populations of the affected species or harassment, NMFS must consider other hours. In addition, even if an animal stocks. In addition, the mitigation and factors, such as the likely nature of any receives a TTS, the TTS would just be monitoring measures (described responses (their intensity, duration, a one-time event from a brief impulse previously in this document) prescribed etc.), the context of any responses noise (about 5 seconds), making it in the IHA are expected to reduce even (critical reproductive time or location, unlikely that the TTS would evolve into further any potential disturbance to migration, etc.), as well as the number PTS. Finally, there is no critical habitat marine mammals. and other biologically important areas and nature of estimated Level A Based on the analysis contained harassment takes, the number of in the vicinity of CALTRANS’ proposed Pier E3 controlled implosion area (John herein of the likely effects of the estimated mortalities, and effects on specified activity on marine mammals habitat. Calambokidis et al. 2015). The project also is not expected to and their habitat, and taking into To avoid repetition, this introductory have significant adverse effects on consideration the implementation of the discussion of our analyses applies to all affected marine mammals’ habitat, as mitigation and monitoring measures, the species listed in Table 5, given that analyzed in detail in the ‘‘Anticipated NMFS finds that small numbers of the anticipated effects of CALTRANS’ Effects on Marine Mammal Habitat’’ marine mammals will be taken relative Pier E3 controlled implosion on marine section. The project activities would not to the populations of the affected mammals are expected to be relatively modify existing marine mammal habitat. species or stocks. similar in nature. There is no The activities may kill some fish and information about the nature or severity cause other fish to leave the area Impact on Availability of Affected of the impacts, or the size, status, or temporarily, thus impacting marine Species for Taking for Subsistence Uses structure of any species or stock that mammals’ foraging opportunities in a There are no subsistence uses of would lead to a different analysis for limited portion of the foraging range; this activity. marine mammals in the project area; but, because of the short duration of the and, thus, no subsistence uses impacted No injuries or mortalities are activities and the relatively small area of by this action. Therefore, NMFS has anticipated to occur as a result of the habitat that may be affected, the determined that the total taking of CALTRANS’ controlled implosion to impacts to marine mammal habitat are affected species or stocks would not demolish Pier E3, and none are not expected to cause significant or have an unmitigable adverse impact on authorized. The relatively low marine long-term negative consequences. mammal density and small Level A Based on the analysis contained the availability of such species or stocks exclusion zones make injury takes of herein of the likely effects of the for taking for subsistence purposes. marine mammals unlikely, based on specified activity on marine mammals Endangered Species Act (ESA) take calculation described above. In and their habitat, and taking into addition, the Level A exclusion zones consideration the implementation of the NMFS has determined that issuance would be thoroughly monitored before prescribed monitoring and mitigation of the IHA will have no effect on listed the proposed implosion, and detonation measures, NMFS finds that the total marine mammals, as none are known to activity would be postponed if an marine mammal take from CALTRANS’s occur in the action area.
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National Environmental Policy Act times listed are local island times. For DEPARTMENT OF COMMERCE (NEPA) specific times and agendas, see National Oceanic and Atmospheric NMFS prepared an Environmental SUPPLEMENTARY INFORMATION. Administration Assessment (EA) and a Supplemental ADDRESSES: The Guam Mariana Environmental Assessment (SEA) for Archipelago FEP AP will meet at the RIN 0648–XE209 the take of marine mammals incidental Guam Fishermen’s Cooperative to construction of the East Span of the Association Lanai in Hagatna, Guam. New England Fishery Management SF–OBB and made Findings of No FOR FURTHER INFORMATION CONTACT: Council; Public Meeting Significant Impact (FONSIs) on Kitty M. Simonds, Executive Director, AGENCY: National Marine Fisheries November 4, 2003 and August 5, 2009. Western Pacific Fishery Management Service (NMFS), National Oceanic and Due to the modification of part of the Council; telephone: (808) 522–8220. Atmospheric Administration (NOAA), demolition of the original SFOBB using SUPPLEMENTARY INFORMATION: Public Commerce. controlled implosion and the associated comment periods will be provided in ACTION: Notice; public meeting. mitigation and monitoring measures, the agenda. The order in which agenda NMFS prepared an SEA and analyzed items are addressed may change. The SUMMARY: The New England Fishery the potential impacts to marine meetings will run as late as necessary to Management Council (Council) is mammals that would result from the complete scheduled business. scheduling a public meeting of its modification. A Finding of No Scientific & Statistical Committee to Significant Impact (FONSI) was signed Schedule and Agenda for the Guam consider actions affecting New England in September 2015. A copy of the EA Mariana Archipelago FEP AP Meeting fisheries in the exclusive economic zone and FONSI is available upon request Friday, October 9, 2015, 6 p.m.–7:30 (EEZ). Recommendations from this (see ADDRESSES). p.m. group will be brought to the full Council Authorization for formal consideration and action, if 1. ‘‘Hafa Adai’’ Welcome and appropriate. NMFS has issued an IHA to Introductions DATES: CALTRANS for the potential 2. Review and Approval of the Agenda This meeting will be held harassment of small numbers of four 3. Issues to be discussed at 164th Tuesday, October 13, 2015, beginning at marine mammal species incidental to Council Meeting 9 a.m. and Wednesday, October 14, the SFOBB Pier E3 demolition via A. Upcoming Council Action Items 2015, beginning at 9 a.m. controlled implosion in San Francisco i. Specification of Territorial ADDRESSES: The meeting will be held at Bay, provided the previously mentioned Bottomfish Annual Catch Limits the Providence Biltmore Hotel, 11 mitigation, monitoring, and reporting (ACLs) Dorrance Street, Providence, RI 02903; requirements are incorporated. ii. 2016 Territorial Bigeye Tuna Catch phone: (401) 421–0700; fax: (401) 455– Limit Specifications 3050. Dated: September 18, 2015. Council address: New England Donna S. Wieting, iii. Council review of Mariana FEP and Proposed Changes Fishery Management Council, 50 Water Director, Office of Protected Resources, Street, Mill 2, Newburyport, MA 01950. National Marine Fisheries Service. B. Mariana Archipelago FEP-Guam Community Activities FOR FURTHER INFORMATION CONTACT: [FR Doc. 2015–24230 Filed 9–23–15; 8:45 am] 4. Mariana Archipelago FEP-Guam Thomas A. Nies, Executive Director, BILLING CODE 3510–22–P Issues New England Fishery Management A. Report of the Subpanels Council; telephone: (978) 465–0492. SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE i. Island Fisheries Subpanel ii. Pelagic Fisheries Subpanel Agenda National Oceanic and Atmospheric iii. Ecosystems and Habitat Subpanel Administration iv. Indigenous Fishing Rights Tuesday, October 13, 2015 Subpanel RIN 0648–XE206 The Committee will review B. Other Issues information provided by the Council’s Western Pacific Fishery Management 5. Public Hearing Scallop PDT and recommend the Council; Public Meeting 6. Discussion and Recommendations overfishing levels (OFLs) and acceptable 7. ‘‘At the end of the day’’ Other biological catches (ABC) for Atlantic sea AGENCY: National Marine Fisheries Business scallops for fishing years 2016 and 2017. Service (NMFS), National Oceanic and The Committee will also review Special Accommodations Atmospheric Administration (NOAA), recent stock assessment information Commerce. The meeting is physically accessible from the 2015 Groundfish Operational ACTION: Notice of a public meeting and to people with disabilities. Requests for Assessments updates and information hearing. sign language interpretation or other provided by the Council’s Groundfish auxiliary aids should be directed to Plan Development Team (PDT) and SUMMARY: The Western Pacific Fishery Kitty M. Simonds, (808) 522–8220 recommend the overfishing levels Management Council (Council) will (voice) or (808) 522–8226 (fax), at least (OFLs) and acceptable biological catches hold a meeting of its Guam Mariana 5 days prior to the meeting date. (ABCs) for all groundfish stocks (except Archipelago Fishery Ecosystem Plan Authority: 16 U.S.C. 1801 et seq. for Georges Bank yellowtail flounder) (FEP) Advisory Panel (AP) to discuss managed under the Northeast and make recommendations on fishery Dated: September 21, 2015. Multispecies Fishery Management Plan management issues in the Western Tracey L. Thompson, for fishing years 2016–18. Pacific Region. Acting Deputy Director, Office of Sustainable DATES: The Guam Mariana Archipelago Fisheries, National Marine Fisheries Service. Wednesday, October 14, 2015 FEP AP will meet on Friday, October 9, [FR Doc. 2015–24253 Filed 9–23–15; 8:45 am] The Committee will continue to 2015, between 6 p.m. and 7:30 p.m. All BILLING CODE 3510–22–P review information on and develop
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recommendations for OFLs and ABC for SUPPLEMENTARY INFORMATION: The call-in number and passcode, please Northeast multispecies groundfish for Committee examines the effectiveness contact the Commission’s Designated fishing years 2016–18 and address other with which the NPS and the NWC are Federal Officer (DFO) at the address or business as necessary. accomplishing its missions. The agenda phone number listed below. Although non-emergency issues not is as follows: FOR FURTHER INFORMATION CONTACT: contained in this agenda may come 1. October 14, 2015: General Karen Gibson, Designated Federal before this group for discussion, those deliberations and inquiry by the NWC Officer, U.S. Department of Energy, issues may not be the subject of formal BOA Subcommittee and its parent 1000 Independence Avenue SW., action during this meeting. Action will committee NPS/NWC BOA into its Washington, DC 20585; telephone: (202) be restricted to those issues specifically programs and mission priorities; re- 586–3787; email: [email protected]. accreditation review; administration; listed in this notice and any issues SUPPLEMENTARY INFORMATION: arising after publication of this notice military construction; leader that require emergency action under development continuum; defense Background section 305(c) of the Magnuson-Stevens planning guidance efforts; and any other The Commission was established to matters relating to the operations of the Act, provided the public has been provide advice to the Secretary on the NWC as the board considers pertinent. notified of the Council’s intent to take Department’s national laboratories. The final action to address the emergency. 2. October 15, 2015: The purpose of the meeting is to elicit the advice of the Commission will review the DOE Special Accommodations NPS BOA subcommittee on the Naval national laboratories for alignment with the Department’s strategic priorities, This meeting is physically accessible Service’s Postgraduate Education clear and balanced missions, unique to people with disabilities. Requests for Program. With its parent committee capabilities to meet current energy and sign language interpretation or other NPS/NWC BOA, the board will inquire national security challenges, auxiliary aids should be directed to into programs and curricula; appropriate size to meet the Thomas A. Nies, Executive Director, at instruction; administration; state of Department’s energy and national (978) 465–0492, at least 5 days prior to morale of the student body, faculty, and security missions, and support of other the meeting date. staff; fiscal affairs. The committee will review any other matters relating to the Federal agencies. The Commission will Authority: 16 U.S.C. 1801 et seq. operations of the NPS as the board also look for opportunities to more Dated: September 21, 2015. considers pertinent. Individuals without effectively and efficiently use the Tracey L. Thompson, a DoD Government Common Access capabilities of the national laboratories Acting Deputy Director, Office of Sustainable Card require an escort at the meeting and review the use of laboratory Fisheries, National Marine Fisheries Service. location. For access, information, or to directed research and development [FR Doc. 2015–24254 Filed 9–23–15; 8:45 am] send written statements for (LDRD) to meet the Department’s science, energy, and national security BILLING CODE 3510–22–P consideration at the committee meeting must contact Ms. Jaye Panza, Naval goals. The Commission will report its Postgraduate School, 1 University findings and conclusions to the Secretary of Energy and the Committees DEPARTMENT OF DEFENSE Circle, Monterey, CA 93943–5001 or by fax 831–656–3145 by October 7, 2015. on Appropriations of the House of Department of the Navy Representatives and the Senate. Dated: September 17, 2015. The draft Final Report of the Lab N.A. Hagerty-Ford, Meeting of the Board of Advisors to Commission has been posted to the the Presidents of the Naval Commander, Judge Advocate General’s Corps, Commission’s Web site (http:// U.S. Navy, Federal Register Liaison Officer. Postgraduate School and the Naval energy.gov/labcommission). A public War College [FR Doc. 2015–24237 Filed 9–23–15; 8:45 am] comment period is now open through BILLING CODE 3810–FF–P September 25, 2015. Individuals and AGENCY: Department of the Navy, DoD. representatives of organizations who ACTION: Notice. would like to offer written comments DEPARTMENT OF ENERGY and suggestions may do so by emailing SUMMARY: Pursuant to the provisions of [email protected] no later than The Federal Advisory Committee Act Commission to Review the September 25, 2015. (Pub. L. 92–463, as amended), notice is Effectiveness of the National Energy Purpose of the Meeting: This meeting hereby given that the following meeting Laboratories is the final public meeting of the of the Board of Advisors to the Commission. Presidents of the Naval Postgraduate AGENCY: Department of Energy. Tentative Agenda: The meeting will School and the Naval War College and ACTION: Notice of Open Meeting. start at 1:00 p.m. on October 23, 2015. its two subcommittees will be held. This SUMMARY: This notice announces a The tentative meeting agenda includes meeting will be open to the public. teleconference call of the Commission to discussion on the draft Final Report of DATES: The meeting will be held on Review the Effectiveness of the National the Commission. The Commissioners Wednesday, October 14, 2015, from Energy Laboratories (Commission). The will address comments they have 10:00 a.m. to 4:30 p.m. and on Commission was created pursuant to received on the report and hear any Thursday, October 15, 2015 from 9:00 section 319 of the Consolidated additional comments from members of a.m. to 3:00 p.m. Eastern Time Zone. Appropriations Act, 2014, Public Law the public on the Conference Call. The ADDRESSES: The meeting will be held at 113–76, and in accordance with the meeting will conclude at 2:00 p.m. 3003 Washington Boulevard, Arlington, provisions of the Federal Advisory Agenda updates or changes will be VA. Committee Act (FACA), as amended, 5 posted on the Lab Commission’s Web FOR FURTHER INFORMATION CONTACT: Ms. U.S.C., App. 2. This notice is provided site: http://energy.gov/labcommission. Jaye Panza, Naval Postgraduate School, in accordance with the Act. Public Participation: The meeting is Monterey, CA, 93943–5001, telephone DATES: Friday, October 23, 2015 from open to the public. Individuals who number 831–656–2514. 1:00 p.m.–2:00 p.m. (ET). To receive the would like to participate in the
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teleconference must RSVP to Karen Purpose of the Board Issued in Washington, DC, on September 18, 2015. Gibson no later than 12:00 noon on To provide advice and guidance on a Thursday, October 22, 2015 at crenel@ continuing basis to the Department of LaTanya R. Butler, hq.doe.gov. Please provide your name, Energy and the National Science Deputy Committee Management Office. organization, contact information, and Foundation on scientific priorities [FR Doc. 2015–24284 Filed 9–23–15; 8:45 am] indicate if you wish to offer comments within the field of basic nuclear science BILLING CODE 6450–01–P on the report during the teleconference. research. You will be provided with the call-in number and passcode. Tentative Agenda DEPARTMENT OF ENERGY Individuals and representatives of Agenda will include discussions of Environmental Management Site- organizations who would like to offer the following: comments may do so in writing by Specific Advisory Board, Northern New emailing: [email protected] no later Thursday, October 15, 2015 Mexico • than September 25th, or may do so Perspectives from Department of AGENCY: Department of Energy. verbally during the October 23rd Energy and National Science ACTION: Notice of open meeting. Conference Call. Time allotted per Foundation speaker will depend on the number who • Updates from the Department of SUMMARY: This notice announces a wish to speak but will not exceed 5 Energy and National Science combined meeting of the Environmental minutes. The Designated Federal Officer Foundation’s Nuclear Physics Office Monitoring and Remediation Committee is empowered to conduct the meeting in • Presentation of the 2015 NSAC and Waste Management Committee of a fashion that will facilitate the orderly Long Range Plan Report the Environmental Management Site- conduct of business. • NSAC Discussion of the 2015 Long Specific Advisory Board (EM SSAB), Minutes: The minutes of the meeting Range Plan Report Northern New Mexico (known locally as will be available on the Commission’s • Presentation of the Charge for the the Northern New Mexico Citizens’ Web site at: http://energy.gov/ DOE Office of Nuclear Physics Advisory Board [NNMCAB]). The labcommission. Committee of Visitors Federal Advisory Committee Act (Pub. • Presentation of the NSAC L. 92–463, 86 Stat. 770) requires that Issued in Washington, DC, on September Subcommittee Report on Neutrinoless 18, 2015. public notice of this meeting be Double Beta Decay Report LaTanya R. Butler, announced in the Federal Register. Deputy Committee Management Officer. Friday, October 16, 2015 DATES: Wednesday, October 14, 2015; 2:00 p.m.–4:00 p.m. [FR Doc. 2015–24285 Filed 9–23–15; 8:45 am] • Continued NSAC discussion of the ADDRESSES: NNMCAB Office, 94 Cities BILLING CODE 6450–01–P Neutrinoless Double Beta Decay Report • Discussion of Transmittal Letters of Gold Road, Santa Fe, NM 87506. for the Long Range Plan and FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF ENERGY Neutrinoless Double Beta Decay Reports Menice Santistevan, Northern New • Public Comment Mexico Citizens’ Advisory Board, 94 DOE/NSF Nuclear Science Advisory Note: The NSAC Meeting will be broadcast Cities of Gold Road, Santa Fe, NM Committee; Notice of Open Meeting live on the Internet. You may access the 87506. Phone (505) 995–0393; Fax (505) 989–1752 or Email: AGENCY: Office of Science, Department broadcast by going to the following site prior [email protected]. of Energy. to the start of the meeting. A video record of the meeting, including the presentations that SUPPLEMENTARY INFORMATION: ACTION: Notice of Open Meeting. are made, will be archived at this site after Purpose of the Board: The purpose of the meeting ends: http:// the Board is to make recommendations SUMMARY: This notice announces a www.tvworldwide.com/events/DOE/151015. meeting of the DOE/NSF Nuclear to DOE–EM and site management in the Science Advisory Committee (NSAC). Public Participation: The meeting is areas of environmental restoration, Federal Advisory Committee Act (Pub. open to the public. If you would like to waste management, and related L. 92–463, 86 Stat. 770) requires that file a written statement with the activities. public notice of these meetings be Committee, you may do so either before Purpose of the Environmental announced in the Federal Register. or after the meeting. If you would like Monitoring and Remediation Committee to make oral statements regarding any of (EM&R): The EM&R Committee provides DATES: Thursday, October 15, 2015; 9:00 the items on the agenda, you should a citizens’ perspective to NNMCAB on a.m. to 5:30 p.m. Friday, October 16, contact Brenda L. May, at (301) 903– current and future environmental 2015; 9:00 a.m. to 11:30 a.m. 0536 or by email Brenda.May@ remediation activities resulting from ADDRESSES: American Geophysical science.doe.gov. You must make your historical Los Alamos National Union Conference Center, 2000 Florida request for an oral statement at least five Laboratory (LANL) operations and, in Avenue NW., Washington, DC 20009, business days before the meeting. particular, issues pertaining to (202) 777–7433. Reasonable provision will be made to groundwater, surface water and work FOR FURTHER INFORMATION CONTACT: include the scheduled oral statements required under the New Mexico Brenda L. May, U.S. Department of on the agenda. The Chairperson of the Environment Department Order on Energy; SC–26/Germantown Building, Committee will conduct the meeting to Consent. The EM&R Committee will 1000 Independence Avenue SW., facilitate the orderly conduct of keep abreast of DOE–EM and site Washington, DC 20585–1290; business. Public comment will follow programs and plans. The committee will Telephone: (301) 903–0536 or email: the 10-minute rule. work with the NNMCAB to provide [email protected]. The most Minutes: The minutes of the meeting assistance in determining priorities and current information concerning this will be available for review on the U.S. the best use of limited funds and time. meeting can be found on the Web site: Department of Energy’s Office of Formal recommendations will be http://science.gov/np/nsac/meetings/. Nuclear Physics Web site at http:// proposed when needed and, after SUPPLEMENTARY INFORMATION: science.gov/np/nsac/meetings/. consideration and approval by the full
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NNMCAB, may be sent to DOE–EM for DEPARTMENT OF ENERGY Accession Number: 20150918–5131. action. Comments Due: 5 p.m. ET 10/9/15. Purpose of the Waste Management Federal Energy Regulatory Docket Numbers: ER15–2673–000. (WM) Committee: The WM Committee Commission Applicants: Southern California reviews policies, practices and Edison Company. Combined Notice of Filings #2 procedures, existing and proposed, so as Description: Section 205(d) Rate to provide recommendations, advice, September 18, 2015. Filing: GIA and Distribution Service suggestions and opinions to the Take notice that the Commission Agmt with Freeway Springs, LLC to be NNMCAB regarding waste management received the following exempt effective 9/19/2015. operations at the Los Alamos site. wholesale generator filings: Filed Date: 9/18/15. Tentative Agenda: Accession Number: 20150918–5139. Docket Numbers: EG15–126–000. Comments Due: 5 p.m. ET 10/9/15. • Call to Order and Introductions Applicants: Mesquite Solar 2, LLC. • Description: Notice of Self- Docket Numbers: ER15–2674–000. Approval of Agenda Applicants: Algonquin Northern • Approval of Minutes from July 8, Certification of Exempt Wholesale Generator (EWG) Status of Mesquite Maine Gen Co. 2015 Description: Tariff Cancellation: • Solar 2, LLC. Old Business Filed Date: 9/18/15. Cancellation to be effective 9/19/2015. • New Business Accession Number: 20150918–5101. Filed Date: 9/18/15. Accession Number: 20150918–5154. Æ Election of Committee Officers Comments Due: 5 p.m. ET 10/9/15. Comments Due: 5 p.m. ET 10/9/15. Æ Draft Fiscal Year 2016 Committee Docket Numbers: EG15–127–000. The filings are accessible in the Work Plans Applicants: Mesquite Solar 3, LLC. Commission’s eLibrary system by • Description: Notice of Self- Update from DOE clicking on the links or querying the • Certification of Exempt Wholesale Presentation by DOE—Corrective docket number. Generator (EWG) Status of Mesquite Actions for TRU Operations Any person desiring to intervene or Solar 3, LLC. • Public Comment Period protest in any of the above proceedings • Filed Date: 9/18/15. Adjourn Accession Number: 20150918–5105. must file in accordance with Rules 211 Public Participation: The NNMCAB’s Comments Due: 5 p.m. ET 10/9/15. and 214 of the Commission’s Regulations (18 CFR 385.211 and Committees welcome the attendance of Docket Numbers: EG15–128–000. the public at their combined committee 385.214) on or before 5:00 p.m. Eastern Applicants: Land of the Sky MT, LLC. time on the specified comment date. meeting and will make every effort to Description: Notice of Self- accommodate persons with physical Protests may be considered, but Certification of Exempt Wholesale intervention is necessary to become a disabilities or special needs. If you Generator Status of Land of the Sky MT, require special accommodations due to party to the proceeding. LLC. eFiling is encouraged. More detailed a disability, please contact Menice Filed Date: 9/18/15. Santistevan at least seven days in information relating to filing Accession Number: 20150918–5136. requirements, interventions, protests, advance of the meeting at the telephone Comments Due: 5 p.m. ET 10/9/15. service, and qualifying facilities filings number listed above. Written statements Take notice that the Commission may be filed with the Committees either can be found at: http://www.ferc.gov/ received the following electric rate docs-filing/efiling/filing-req.pdf. For before or after the meeting. Individuals filings: who wish to make oral statements other information, call (866) 208–3676 Docket Numbers: ER15–2455–000; pertaining to agenda items should (toll free). For TTY, call (202) 502–8659. ER15–2455–001. contact Menice Santistevan at the Dated: September 18, 2015. Applicants: Koch Energy Services, address or telephone number listed LLC. Nathaniel J. Davis, Sr., above. Requests must be received five Description: Supplement to August Deputy Secretary. days prior to the meeting and reasonable 14, 2015 and September 8, 2015 Koch [FR Doc. 2015–24239 Filed 9–23–15; 8:45 am] provision will be made to include the Energy Services, LLC submits filing. BILLING CODE 6717–01–P presentation in the agenda. The Deputy Filed Date: 9/18/15. Designated Federal Officer is Accession Number: 20150918–5103. empowered to conduct the meeting in a Comments Due: 5 p.m. ET 9/25/15. DEPARTMENT OF ENERGY fashion that will facilitate the orderly conduct of business. Individuals Docket Numbers: ER15–2671–000. Federal Energy Regulatory wishing to make public comments will Applicants: Otter Tail Power Commission Company. be provided a maximum of five minutes [Docket No. EF15–11–000] to present their comments. Description: Section 205(d) Rate Filing: Submission of Facilities Service Minutes: Minutes will be available by Agreement with Great River Energy to Southeastern Power Administration; writing or calling Menice Santistevan at be effective 8/26/2015. Notice of Filing the address or phone number listed Filed Date: 9/18/15. above. Minutes and other Board Take notice that on September 17, Accession Number: 20150918–5114. 2015, the Southeastern Power documents are on the Internet at: http:// Comments Due: 5 p.m. ET 10/9/15. www.nnmcab.energy.gov/. Administration submitted a tariff filing: Docket Numbers: ER15–2672–000. Kerr-Philpott 2015 Rate Adjustment to Issued at Washington, DC, on August 16, Applicants: DTE Electric Company. be effective 10/1/2015. 2015. Description: Section 205(d) Rate Any person desiring to intervene or to LaTanya R. Butler, Filing: Renaissance Power Reactive protest this filing must file in Deputy Committee Management Officer. Revenue Requirement to be effective 9/ accordance with Rules 211 and 214 of [FR Doc. 2015–24277 Filed 9–23–15; 8:45 am] 1/2015. the Commission’s Rules of Practice and BILLING CODE 6450–01–P Filed Date: 9/18/15. Procedure (18 CFR 385.211, 385.214).
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Protests will be considered by the d. Applicant: South Carolina Electric structure. The raw water line would Commission in determining the and Gas Company (licensee). leave the project boundary and follow appropriate action to be taken, but will e. Name of Project: Saluda road right of ways to an existing water not serve to make protestants parties to Hydroelectric Project. treatment plant. In order to provide the the proceeding. Any person wishing to f. Location: Lake Murray of the Saluda Town of Batesburg-Leesville access to become a party must file a notice of Hydroelectric Project located in the raw water intake facility for intervention or motion to intervene, as Lexington, Newberry, Richland and construction, operation and appropriate. Such notices, motions, or Saluda counties, South Carolina. maintenance purposes, the licensee has protests must be filed on or before the g. Filed Pursuant to: Federal Power proposed to convey an easement of comment date. On or before the Act, 16 U.S.C. 791a–825r. approximately 0.02 acres within the comment date, it is not necessary to h. Applicant Contact: James M. project boundary to the Town of serve motions to intervene or protests Landreth, Vice President, South Batesville-Leesburg. on persons other than the Applicant. Carolina Electric and Gas Company, l. Locations of the Application: A The Commission encourages Mail Code A221, 220 Operation Way, copy of the application is available for electronic submission of protests and Cayce, South Carolina 29033; phone inspection and reproduction at the interventions in lieu of paper using the (803) 217–7224. Commission’s Public Reference Room, i. FERC Contact: Ms. Joy Kurtz at 202– ‘‘eFiling’’ link at http://www.ferc.gov. located at 888 First Street NE., Room 502–6760, or [email protected]. 2A, Washington, DC 20426, or by calling Persons unable to file electronically j. Deadline for filing comments, should submit an original and 5 copies 202–502–8371. This filing may also be motions to intervene, and protests is 30 viewed on the Commission’s Web site at of the protest or intervention to the days from the issuance of this notice by Federal Energy Regulatory Commission, http://www.ferc.gov using the the Commission. The Commission ‘‘eLibrary’’ link. Enter the docket 888 First Street NE., Washington, DC strongly encourages electronic filing. 20426. number excluding the last three digits in Please file motions to intervene, the docket number field to access the This filing is accessible on-line at protests, and comments using the http://www.ferc.gov, using the document. You may also register online Commission’s eFiling system at http:// at http://www.ferc.gov/docs-filing/ ‘‘eLibrary’’ link and is available for www.ferc.gov/docs-filing/efiling.asp. review in the Commission’s Public esubscription.asp to be notified via Commenters can submit brief comments email of new filings and issuances Reference Room in Washington, DC. up to 6,000 characters, without prior There is an ‘‘eSubscription’’ link on the related to this or other pending projects. registration, using the eComment system For assistance, call 866–208–3676 or Web site that enables subscribers to at http://www.ferc.gov/docs-filing/ receive email notification when a email [email protected], for ecomment.asp. You must include your TTY, call 202–502–8659. A copy is also document is added to a subscribed name and contact information at the end docket(s). For assistance with any FERC available for inspection and of your comments. For assistance, reproduction at the address in item (h) Online service, please email please contact FERC Online Support at [email protected], or call above. [email protected], (866) m. Individuals desiring to be included (866) 208–3676 (toll free). For TTY, call 208–3676 (toll free), or (202) 502–8659 (202) 502–8659. on the Commission’s mailing list should (TTY). In lieu of electronic filing, please so indicate by writing to the Secretary Comment Date: 5:00 p.m. Eastern send a paper copy to: Secretary, Federal Time on October 19, 2015. of the Commission. Energy Regulatory Commission, 888 n. Comments, Protests, or Motions to Dated: September 18, 2015. First Street NE., Washington, DC 20426. Intervene: Anyone may submit Nathaniel J. Davis, Sr., The first page of any filing should comments, a protest, or a motion to Deputy Secretary. include docket number P–516–487. intervene in accordance with the [FR Doc. 2015–24241 Filed 9–23–15; 8:45 am] k. Description of Request: The requirements of Rules of Practice and licensee requests Commission approval BILLING CODE 6717–01–P Procedure, 18 CFR 385.210, .211, .214. to grant the Town of Batesburg-Leesville In determining the appropriate action to permission to use project lands and take, the Commission will consider all DEPARTMENT OF ENERGY water within the project boundary on protests or other comments filed, but Lake Murray for the construction of a only those who file a motion to Federal Energy Regulatory raw water intake facility. The raw water intervene in accordance with the Commission intake facility would withdraw up to 5.5 Commission’s Rules may become a million gallons of water per day for [Project No. 516–487] party to the proceeding. Any comments, public drinking water and would protests, or motions to intervene must South Carolina Electric and Gas consist of a 12-foot long by 8-foot wide be received on or before the specified Company; Notice of Application platform with a 25-foot long by 4-foot comment date for the particular Accepted for Filing, Soliciting wide gangway, which would be application. Comments, Motions To Intervene, and connected to a 12-foot long by 16-foot o. Filing and Service of Responsive Protests wide floating dock. The floating intake Documents: Any filing must (1) bear in structure would include a fabricated all capital letters the title Take notice that the following intake float and gangway system. The ‘‘COMMENTS’’; ‘‘PROTEST’’, or hydroelectric application has been filed intake structure would be screened and ‘‘MOTION TO INTERVENE’’ as with the Federal Energy Regulatory have a maximum approach velocity of applicable; (2) set forth in the heading Commission and is available for public 0.31 feet per second. The intake siphon the name of the applicant and the inspection: would be equipped with an air release project number of the application to a. Type of Application: Non-project valve and check valve, and connect to which the filing responds; (3) furnish use of project lands and water. the raw water pump station. The raw the name, address, and telephone b. Project No: 516–487. water pump station would be number of the person protesting or c. Date Filed: July 8, 2015 and constructed of concrete and have a intervening; and (4) otherwise comply supplemented on September 17, 2015. stucco finish, resembling a residential with the requirements of 18 CFR
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385.2001 through 385.2005. All N11C, P.O. Box 770000, San Francisco, l. Locations of the Application: A comments, motions to intervene, or CA 94177. Phone (415) 973–3082. copy of the application is available for protests must set forth their evidentiary i. FERC Contact: Mr. Mark Pawlowski, inspection and reproduction at the basis and otherwise comply with the (202) 502–6052, or mark.pawlowski@ Commission’s Public Reference Room, requirements of 18 CFR 4.34(b). All ferc.gov. located at 888 First Street NE., Room comments, motions to intervene, or j. Deadline for filing comments, 2A, Washington, DC 20426, or by calling protests should relate to the non-project motions to intervene, protests, and (202) 502–8371. This filing may also be use application. Agencies may obtain recommendations is 30 days from the viewed on the Commission’s Web site at copies of the application directly from issuance date of this notice by the http://www.ferc.gov/docs-filing/ the applicant. A copy of any protest or Commission. The Commission strongly elibrary.asp. Enter the docket number motion to intervene must be served encourages electronic filing. Please file excluding the last three digits in the upon each representative of the motions to intervene, protests, docket number field to access the applicant specified in the particular comments, or recommendations using document. You may also register online application. If an intervener files the Commission’s eFiling system at at http://www.ferc.gov/docs-filing/ comments or documents with the http://www.ferc.gov/docs-filing/ esubscription.asp to be notified via Commission relating to the merits of an efiling.asp. Commenters can submit email of new filings and issuances issue that may affect the responsibilities brief comments up to 6,000 characters, related to this or other pending projects. of a particular resource agency, they without prior registration, using the For assistance, call 1–866–208–3676 or must also serve a copy of the document eComment system at http:// email [email protected], for on that resource agency. A copy of all www.ferc.gov/docs-filing/ TTY, call (202) 502–8659. A copy is also other filings in reference to this ecomment.asp. You must include your available for inspection and application must be accompanied by name and contact information at the end reproduction at the address in item (h) proof of service on all persons listed in of your comments. For assistance, above. the service list prepared by the please contact FERC Online Support at m. Individuals desiring to be included Commission in this proceeding, in [email protected], (866) on the Commission’s mailing list should accordance with 18 CFR 4.34(b) and 208–3676 (toll free), or (202) 502–8659 so indicate by writing to the Secretary 385.2010. (TTY). In lieu of electronic filing, please of the Commission. send a paper copy to: Secretary, Federal n. Comments, Protests, or Motions to Dated: September 18, 2015. Energy Regulatory Commission, 888 Intervene: Anyone may submit Nathaniel J. Davis, Sr., First Street NE., Washington, DC 20426. comments, a protest, or a motion to Deputy Secretary. Please include the project number (P– intervene in accordance with the [FR Doc. 2015–24242 Filed 9–23–15; 8:45 am] 1333–064) on any comments, motions to requirements of Rules of Practice and BILLING CODE 6717–01–P intervene, protests, or recommendations Procedure, 18 CFR 385.210, .211, .214. filed. In determining the appropriate action to k. Description of Request: The take, the Commission will consider all DEPARTMENT OF ENERGY licensee requests that the minimum protests or other comments filed, but flow requirements of article 105 of the only those who file a motion to Federal Energy Regulatory license for the Tule Project be revised to intervene in accordance with the Commission reflect the requirements of the Commission’s Rules may become a [Project No. 1333–064] conditions submitted by the U.S. Forest party to the proceeding. Any comments, Service (FS) pursuant to its mandatory protests, or motions to intervene must Pacific Gas and Electric Company; conditioning authority under section be received on or before the specified Notice of Application Accepted for 4(e) of the Federal Power Act. Article comment date for the particular Filing, Soliciting Comments, Motions 105 requires the licensee to release from application. To Intervene, and Protests Tule Diversion Dam a minimum o. Filing and Service of Responsive ‘‘target’’ flow of 4 cubic feet per second Documents: Any filing must (1) bear in Take notice that the following (cfs) in dry water years and a minimum all capital letters the title hydroelectric application has been filed ‘‘target’’ flow of 2 cfs from Doyle ‘‘COMMENTS’’, ‘‘PROTEST’’, or with the Commission and is available Springs Diversion Dam where the ‘‘MOTION TO INTERVENE’’ as for public inspection: ‘‘target’’ flow is defined as the daily applicable; (2) set forth in the heading a. Type of Application: Application average flow at each dam and an the name of the applicant and the for Amendment of License. instantaneous flow of not less than 10 project number of the application to b. Project No.: 1333–064. percent of the daily average flow. which the filing responds; (3) furnish c. Date Filed: September 14, 2015. However, the FS’s condition 5 filed with the name, address, and telephone d. Applicant: Pacific Gas and Electric the Commission on October 31, 1989 number of the person protesting or Company (licensee). and November 26, 1991, requires the intervening; and (4) otherwise comply e. Name of Project: Tule River licensee to release from Tule Diversion with the requirements of 18 CFR Hydroelectric Project. Dam a minimum ‘‘target’’ flow of 4 cfs 385.2001 through 385.2005. All f. Location: On the North Fork of the in dry water years and a minimum comments, motions to intervene, or Middle Fork Tule River, Hossack Creek, ‘‘target’’ flow of 2 cfs from Doyle protests must set forth their evidentiary and Doyle Springs, in Tulare County, Springs Diversion Dam, or the natural basis and otherwise comply with the California. The project occupies U.S. instream flow, whichever is less. The requirements of 18 CFR 4.34(b). All Forest Service lands within the Sequoia licensee requests that article 105 be comments, motions to intervene, or National Forest. revised to make it clear that the protests should relate to project works g. Filed Pursuant to: Federal Power minimum flow requirements are which are the subject of the license Act, 16 U.S.C. 791a–825r. dependent on and subject to the natural surrender. Agencies may obtain copies h. Applicant Contact: Ms. Elisabeth instream flow of the Tule River at Tule of the application directly from the Rossi, License Coordinator, Pacific Gas Diversion Dam and Doyle Springs applicant. A copy of any protest or and Electric Company, Mail Code: Diversion Dam. motion to intervene must be served
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upon each representative of the Description: Notification of Change in Applicants: Entergy New Orleans, Inc. applicant specified in the particular Status of NextEra Resources Entities. Description: Compliance filing: ENOI application. If an intervener files Filed Date: 9/17/15. Compliance (ER14–73) 9–17–2015 to be comments or documents with the Accession Number: 20150917–5156. effective 12/19/2013. Commission relating to the merits of an Comments Due: 5 p.m. ET 10/8/15. Filed Date: 9/17/15. issue that may affect the responsibilities Docket Numbers: ER13–2073–002. Accession Number: 20150917–5124. of a particular resource agency, they Applicants: Source Power & Gas LLC. Comments Due: 5 p.m. ET 10/8/15. must also serve a copy of the document Description: Notification of Change in Docket Numbers: ER15–2667–000. on that resource agency. A copy of all Status by Source Power & Gas LLC. Applicants: Entergy Texas, Inc. other filings in reference to this Filed Date: 9/17/15. Description: Compliance filing: ETI application must be accompanied by Accession Number: 20150917–5148. Compliance (ER14–73) 9–17–2015 to be proof of service on all persons listed in Comments Due: 5 p.m. ET 10/8/15. effective 12/19/2013. the service list prepared by the Docket Numbers: ER14–649–004. Filed Date: 9/17/15. Commission in this proceeding, in Applicants: Midcontinent Accession Number: 20150917–5125. accordance with 18 CFR 4.34(b) and Independent System Operator, Inc., Comments Due: 5 p.m. ET 10/8/15. 385.2010. Entergy Services, Inc. Docket Numbers: ER15–2668–000. Dated: September 18, 2015. Description: Compliance filing: 2015– Applicants: Land of the Sky MT, LLC. Nathaniel J. Davis, Sr., 09–17_Entergy Attachment O Description: Baseline eTariff Filing: Deputy Secretary. Compliance Filing ER13–948 to be Application for Market-Based Rate [FR Doc. 2015–24243 Filed 9–23–15; 8:45 am] effective 11/1/2015. Tariff, Blanket Approval and Waivers to Filed Date: 9/17/15. be effective 10/1/2015. BILLING CODE 6717–01–P Accession Number: 20150917–5114. Filed Date: 9/17/15. Comments Due: 5 p.m. ET 10/8/15. Accession Number: 20150917–5144. DEPARTMENT OF ENERGY Docket Numbers: ER15–883–003. Comments Due: 5 p.m. ET 10/8/15. Applicants: Southern California Docket Numbers: ER15–2669–000. Federal Energy Regulatory Edison Company. Applicants: Southwest Power Pool, Commission Description: Tariff Amendment: Inc. Executed GIA and Executed Distrib Serv Description: Notice of Cancellation of Combined Notice of Filings #1 Agmt with San Gorgonio Westwinds II, Firm Point-To-Point Transmission Take notice that the Commission LLC to be effective 1/20/2015. Service Agreement No. 1487 of received the following electric rate Filed Date: 9/18/15. Southwest Power Pool, Inc. filings: Accession Number: 20150918–5003. Filed Date: 9/18/15. Docket Numbers: ER12–569–008; Comments Due: 5 p.m. ET 10/9/15. Accession Number: 20150918–5054. ER13–712–008; ER10–1849–007; Docket Numbers: ER15–2662–000. Comments Due: 5 p.m. ET 10/9/15. ER11–2037–007; ER12–2227– Applicants: PacifiCorp. Docket Numbers: ER15–2670–000. 007;ER10–1852–011; Description: Section 205(d) Rate Applicants: Midcontinent ER10–1887–007; ER10–1920– Filing: Dugway Non-Conforming SGIA Independent System Operator, Inc. 009;ER10–1928–009; to be effective 9/9/2015. Description: Section 205(d) Rate ER10–1952–007; ER12–1228– Filed Date: 9/17/15. Filing: 2015–09–18_SA 2698 OTP- 009;ER10–1961–007; Accession Number: 20150917–5116. Northern States Power Company 1st Rev ER14–2707–004; ER10–2720– Comments Due: 5 p.m. ET 10/8/15. GIA (J262/J263) to be effective 9/19/ 009;ER11–4428–009; Docket Numbers: ER15–2663–000. 2015. ER12–1880–008; ER12–895– Applicants: Entergy Gulf States Filed Date: 9/18/15. 007;ER10–1971–021; Louisiana, L.L.C. Accession Number: 20150918–5089. ER14–2710–004; ER15–58–002;ER15– Description: Compliance filing: EGSL Comments Due: 5 p.m. ET 10/9/15. 30–002; Compliance (ER14–73) 9–17–2015 to be Take notice that the Commission ER14–2708–005; ER14–2709– effective 12/19/2013. received the following electric securities 004;ER13–2474–003 Filed Date: 9/17/15. filings: Applicants: Blackwell Wind, LLC, Accession Number: 20150917–5119. Cimarron Wind Energy, LLC, Elk City Docket Numbers: ES15–70–000. Comments Due: 5 p.m. ET 10/8/15. Wind, LLC, Elk City II Wind, LLC, Applicants: Georgia Power Company. Ensign Wind, LLC Florida Power & Docket Numbers: ER15–2664–000. Description: Application of Georgia Light Company, FPL Energy Cowboy Applicants: Entergy Louisiana, LLC. Power Company for authorization to Wind, LLC, FPL Energy Oklahoma Description: Compliance filing: ELL issue securities. Wind, LLC, FPL Energy Sooner Wind, Compliance (ER14–73) 9–17–2015 to be Filed Date: 9/17/15. LLC, Gray County Wind Energy, LLC, effective 12/19/2013. Accession Number: 20150917–5147. High Majestic Wind II, LLC, High Filed Date: 9/17/15. Comments Due: 5 p.m. ET 10/8/15. Majestic Wind Energy Center, LLC, Accession Number: 20150917–5122. Take notice that the Commission Mammoth Plains Wind Project, LLC, Comments Due: 5 p.m. ET 10/8/15. received the following electric Minco Wind, LLC, Minco Wind II, LLC, Docket Numbers: ER15–2665–000. reliability filings: Minco Wind III, LLC, Minco Wind Applicants: Entergy Mississippi, Inc. Docket Numbers: RD15–7–000. Interconnection Services, LLC, NextEra Description: Compliance filing: EMI Applicants: North American Electric Energy Power Marketing, LLC, Palo Compliance (ER14–73) 9–17–2015 to be Reliability Corporation. Duro Wind Energy, LLC, Palo Duro effective 12/19/2013. Description: Petition of the North Wind Interconnection Services, LLC, Filed Date: 9/17/15. American Electric Reliability Seiling Wind Interconnection Services, Accession Number: 20150917–5123. Corporation for Approval of Proposed LLC, Seiling Wind, LLC, Seiling Wind Comments Due: 5 p.m. ET 10/8/15. Interconnection Reliability Operations II, LLC, Steel Flats Wind Project, LLC Docket Numbers: ER15–2666–000. and Coordination Reliability Standards.
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Filed Date: 9/16/15. jurisdiction and/or special expertise cooperating agency status, and all Accession Number: 20150916–5156. with respect to environmental issues communications to and from Comments Due: 5 p.m. ET 10/19/15. that wish to cooperate in the Commission staff related to the merits of The filings are accessible in the preparation of the environmental the potential application must be filed Commission’s eLibrary system by document should follow the with the Commission. clicking on the links or querying the instructions for filing such requests The Commission strongly encourages docket number. described in item o below. Cooperating electronic filing. Please file all Any person desiring to intervene or agencies should note the Commission’s documents using the Commission’s protest in any of the above proceedings policy that agencies that cooperate in eFiling system at http://www.ferc.gov/ must file in accordance with Rules 211 the preparation of the environmental docs-filing/efiling.asp. Commenters can and 214 of the Commission’s document cannot also intervene. See 94 submit brief comments up to 6,000 Regulations (18 CFR 385.211 and FERC 61,076 (2001). characters, without prior registration, 385.214) on or before 5:00 p.m. Eastern With this notice, we are initiating using the eComment system at http:// time on the specified comment date. informal consultation with: (a) The U.S. www.ferc.gov/docs-filing/ Protests may be considered, but Fish and Wildlife Service and/or NOAA ecomment.asp. You must include your intervention is necessary to become a Fisheries under section 7 of the name and contact information at the end party to the proceeding. Endangered Species Act and the joint of your comments. For assistance, eFiling is encouraged. More detailed agency regulations thereunder at 50 CFR please contact FERC Online Support at information relating to filing part 402 and (b) the State Historic [email protected]. In lieu of requirements, interventions, protests, Preservation Officer, as required by electronic filing, please send a paper service, and qualifying facilities filings section 106, National Historic copy to: Secretary, Federal Energy can be found at: http://www.ferc.gov/ Preservation Act, and the implementing Regulatory Commission, 888 First Street docs-filing/efiling/filing-req.pdf. For regulations of the Advisory Council on NE., Washington, DC 20426. The first other information, call (866) 208–3676 Historic Preservation at 36 CFR 800.2. page of any filing should include docket With this notice, we are designating (toll free). For TTY, call (202) 502–8659. number P–2960–005. the City of Gonzales, Texas as the All filings with the Commission must Dated: September 18, 2015. Commission’s non-federal bear the appropriate heading: Nathaniel J. Davis, Sr., representative for carrying out informal ‘‘Comments on Pre-Application Deputy Secretary. consultation, pursuant to section 7 of Document,’’ ‘‘Study Requests,’’ [FR Doc. 2015–24238 Filed 9–23–15; 8:45 am] the Endangered Species Act and section ‘‘Comments on Scoping Document 1,’’ BILLING CODE 6717–01–P 106 of the National Historic ‘‘Request for Cooperating Agency Preservation Act. Status,’’ or ‘‘Communications to and The City of Gonzales, Texas filed with from Commission Staff.’’ Any DEPARTMENT OF ENERGY the Commission a Pre-Application individual or entity interested in Document (PAD; including a proposed submitting study requests, commenting Federal Energy Regulatory process plan and schedule), pursuant to on the PAD or SD1, and any agency Commission 18 CFR 5.6 of the Commission’s requesting cooperating status must do so regulations. [Project No. 2960–005] by November 21, 2015. A copy of the PAD is available for Although our current intent is to City of Gonzales, Texas; Notice of review at the Commission in the Public prepare an environmental assessment Intent to File License Application, Reference Room or may be viewed on (EA), there is the possibility that an Filing of Pre-Application Document the Commission’s Web site (http:// Environmental Impact Statement (EIS) (PAD), Commencement of Pre-Filing www.ferc.gov), using the ‘‘eLibrary’’ will be required. Nevertheless, this Process, and Scoping; Request for link. Enter the docket number, meeting will satisfy the NEPA scoping Comments on the PAD and Scoping excluding the last three digits in the requirements, irrespective of whether an Document, and Identification of Issues docket number field to access the EA or EIS is issued by the Commission. and Associated Study Requests document. For assistance, contact FERC Online Support at Scoping Meetings Type of Filing: Notice of Intent to File [email protected], (866) Commission staff will hold two License Application for a New License 208–3676 (toll free), or (202) 502–8659 scoping meetings in the vicinity of the and Commencing Pre-filing Process. (TTY). A copy is also available for project at the time and place noted Project No.: 2960–005. inspection and reproduction at the below. The daytime meeting will focus Dated Filed: July 24, 2015. address in paragraph h. on resource agency, Indian tribes, and Submitted By: City of Gonzales, Register online at http:// non-governmental organization Texas. www.ferc.gov/docs-filing/ concerns, while the evening meeting is Name of Project: Gonzales Project. esubscription.asp to be notified via primarily for receiving input from the Location: On the Guadalupe River, in email of new filing and issuances public. We invite all interested Gonzales County, Texas. The project related to this or other pending projects. individuals, organizations, and agencies occupies no federal land. For assistance, contact FERC Online to attend one or both of the meetings, Filed Pursuant to: 18 CFR part 5 of the Support. and to assist staff in identifying Commission’s Regulations. With this notice, we are soliciting particular study needs, as well as the Potential Applicant Contact: Allen comments on the PAD and scope of environmental issues to be Barnes, City of Gonzales, P.O. Box 547, Commission’s staff Scoping Document 1 addressed in the environmental Gonzales, TX 78629. (SD1), as well as study requests. All document. The times and locations of FERC Contact: Rachel McNamara at comments on the PAD and SD1, and these meetings are as follows: (202) 502–8340 or email at study requests should be sent to the [email protected]. address above in paragraph h. In Daytime Scoping Meeting Cooperating agencies: Federal, state, addition, all comments on the PAD and Date: Thursday, October 22, 2015. local, and tribal agencies with SD1, study requests, requests for Time: 10:30 a.m.
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Location: City Building, 820 St. the PAD and SD1 are included in item construct, own, and operate a new LNG Joseph Street, Gonzales, TX 78629. n. of this document. export terminal and to construct, own, and operate the 23.5-mile-long East Phone: (830) 672–2815. Meeting Procedures Lateral and 19.2-mile-long West Lateral. Evening Scoping Meeting The meetings will be recorded by a The pipelines are designed to deliver Date: Thursday, October 22, 2015. stenographer and will be placed in the approximately 1,900,000 Dth/d of firm Time: 6:00 p.m. public records of the project. transportation service. Project cost for Location: City Building, 820 St. Dated: September 18, 2015. the pipelines is estimated at $344.5 Joseph Street, Gonzales, TX 78629. Nathaniel J. Davis, Sr., million and negotiated rates are Phone: (830) 672–2815 Deputy Secretary. proposed. The requested order date and proposed pre-commercial in-service Scoping Document 1 (SD1), which [FR Doc. 2015–24244 Filed 9–23–15; 8:45 am] date are September 1, 2016 and July 1, outlines the subject areas to be BILLING CODE 6717–01–P addressed in the environmental 2019 respectively. On October 7, 2014, the Commission document, was mailed to the staff granted Venture Global and individuals and entities on the DEPARTMENT OF ENERGY TransCameron request to utilize the Pre- Commission’s mailing list. Copies of Filing Process and assigned Docket No. SD1 will be available at the scoping Federal Energy Regulatory PF15–2–000 to staff activities involved meetings, or may be viewed on the web Commission in the above referenced projects. Now, at http://www.ferc.gov, using the [Docket Nos. CP15–550–000; CP15–551– as of the filing of the September 4, 2015 ‘‘eLibrary’’ link. Follow the directions 000; PF15–2–000] application, the Pre-Filing Process for for accessing information in paragraph this project has ended. From this time n. Based on all oral and written Venture Global Calcasieu Pass, LLC; forward, this proceeding will be comments, a Scoping Document 2 (SD2) TransCameron Pipeline, LLC: Notice of Applications conducted in Docket Nos. CP15–550– may be issued. SD2 may include a 000 and CP15–551–000, as noted in the revised process plan and schedule, as Take notice that on September 4, caption of this Notice. well as a list of issues, identified 2015, Venture Global Calcasieu Pass, Pursuant to Section 157.9 of the through the scoping process. LLC (Venture Global) and Commission’s rules, 18 CFR 157.9, Environmental Site Review TransCameron Pipeline, LLC within 90 days of this Notice, the (TransCameron), 2200 Pennsylvania Commission staff will issue a Notice of The potential applicant and Ave. NW., Suite 600 West, Washington, Schedule for Environmental Review. If Commission staff will conduct an DC 20037, filed in Docket Nos. CP15– a Notice of Schedule for Environmental Environmental Site Review of the 550–000 and CP15–551–000 a joint Review is issued, it will indicate, among project on Thursday, October 22, 2015, application pursuant to sections 3 and other milestones, the anticipated date starting at 1:00 p.m. All participants 7(c) of the Natural Gas Act (NGA), for for the Commission staff’s issuance of should meet at the Gonzales Project authorization to construct, install, own, the final environmental impact Powerhouse, located at 201 Water operate, and maintain certain pipeline statement (FEIS) for this proposal. The Street, Gonzales, Texas 78629. All and liquefied natural gas (LNG) facilities issuance of a Notice of Schedule for participants are responsible for their entirely located in Cameron Parish, Environmental Review will serve to own transportation. Anyone planning to Louisiana, that comprise the Venture notify federal and state agencies of the attend the site visit should contact Ms. Global Calcasieu Pass Terminal and timing for the completion of all Charlotte Garraway at (830) 249–3887 TransCameron Pipeline Project (Project). necessary reviews, and the subsequent on or before October 15, 2015. In the application TransCameron also need to complete all federal Meeting Objectives request a Part 284, Subpart G blanket authorizations within 90 days of the certificate and Part 157, Subpart F date of issuance of the Commission At the scoping meetings, staff will: (1) blanket certificate per regulations of the staff’s FEIS. Initiate scoping of the issues; (2) review Federal Energy Regulatory Commission There are two ways to become and discuss existing conditions and (FERC or Commission) all as more fully involved in the Commission’s review of resource management objectives; (3) set forth in the application which is on this project. First, any person wishing to review and discuss existing information file with the Commission and open to obtain legal status by becoming a party and identify preliminary information public inspection. to the proceedings for this project and study needs; (4) review and discuss The filing may also be viewed on the should, on or before the comment date the process plan and schedule for pre- web at http://www.ferc.gov using the stated below, file with the Federal filing activity that incorporates the time ‘‘eLibrary’’ link. Enter the docket Energy Regulatory Commission, 888 frames provided for in Part 5 of the number excluding the last three digits in First Street NE., Washington, DC 20426, Commission’s regulations and, to the the docket number field to access the a motion to intervene in accordance extent possible, maximizes coordination document. For assistance, please contact with the requirements of the of federal, state, and tribal permitting FERC Online Support at Commission’s Rules of Practice and and certification processes; and (5) [email protected] or toll Procedure (18 CFR 385.214 or 385.211) discuss the appropriateness of any free at (866) 208–3676, or TTY, contact and the Regulations under the NGA (18 federal or state agency or Indian tribe (202) 502–8659. CFR 157.10). A person obtaining party acting as a cooperating agency for Any questions concerning this status will be placed on the service list development of an environmental application may be directed to Fory maintained by the Secretary of the document. Musser, Senior Vice President, Commission and will receive copies of Meeting participants should come Corporate Development, Venture Global all documents filed by the applicant and prepared to discuss their issues and/or LNG, Inc., 2200 Pennsylvania Ave. NW., by all other parties. A party must submit concerns. Please review the PAD in Suite 600 West, Washington, DC 20037. five copies of filings made with the preparation for the scoping meetings. Specifically, Venture Global and Commission and must mail a copy to Directions on how to obtain a copy of TransCameron propose to site, the applicant and to every other party in
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the proceeding. Only parties to the ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: proceeding can ask for court review of AGENCY Kathryn Gallagher at U.S. EPA, Office of Water, Health and Ecological Criteria Commission orders in the proceeding. [EPA–HQ–OW–2004–0019; FRL–9934–70– However, a person does not have to OW] Division (4304T), 1200 Pennsylvania intervene in order to have comments Avenue NW., Washington, DC 20460; telephone: (202) 564–1398; or email: considered. The second way to Extension of Request for Scientific [email protected]. participate is by filing with the Views on the Draft Aquatic Life Secretary of the Commission, as soon as Ambient Water Quality Criterion for SUPPLEMENTARY INFORMATION: On July possible, an original and two copies of Selenium—Freshwater 2015 27, 2015, EPA announced the availability of the draft recommended comments in support of or in opposition AGENCY: Environmental Protection aquatic life water quality criterion for to this project. The Commission will Agency (EPA). selenium in a previous notice entitled consider these comments in ACTION: Notice; extension of comment ‘‘Request for Scientific Views: Draft determining the appropriate action to be period. Recommended Aquatic Life Ambient taken, but the filing of a comment alone Water Quality Chronic Criterion for will not serve to make the filer a party SUMMARY: The Environmental Protection Agency (EPA) is extending the comment Selenium—Freshwater 2015’’ in the to the proceeding. The Commission’s Federal Register (80 FR 44350). EPA’s rules require that persons filing period for the Agency’s draft recommended aquatic life water quality recommended aquatic life water quality comments in opposition to the project criteria provide technical information provide copies of their protests only to chronic criterion for selenium in freshwater. The draft criterion was for states and authorized tribes to adopt the party or parties directly involved in announced in a July 27, 2015 notice water quality standards under the Clean the protest. entitled ‘‘Request for Scientific Views: Water Act to protect aquatic life. EPA is extending the public comment Persons who wish to comment only Draft Recommended Aquatic Life period for the Draft Aquatic Life on the environmental review of this Ambient Water Quality Chronic Ambient Water Quality Criterion for project should submit an original and Criterion for Selenium—Freshwater Selenium—Freshwater 2015 (EPA–822– two copies of their comments to the 2015.’’ In response to stakeholder P–15–001). The original comment Secretary of the Commission. requests, EPA is extending the period of deadline was September 25, 2015. This Environmental commentors will be time in which the Agency will accept action extends the comment period for placed on the Commission’s scientific views for an additional 15 15 days. Written scientific views must days. environmental mailing list, will receive now be received by October 10, 2015. copies of the environmental documents, DATES: Comments must be received on Following closure of the public and will be notified of meetings or before October 10, 2015. Scientific comment period, EPA will consider the associated with the Commission’s views postmarked after this date may public comments and revise the environmental review process. not receive the same consideration. The document as necessary. EPA will then Environmental commentors will not be comment period was originally publish a Federal Register notice required to serve copies of filed scheduled to end on September 25, announcing the availability of the final documents on all other parties. 2015. updated selenium criterion. However, the non-party commentors ADDRESSES: Written comments on the Dated: September 18, 2015. will not receive copies of all documents notice may be submitted to the EPA Elizabeth Southerland, filed by other parties or issued by the electronically, by mail, by facsimile or Director, Office of Science and Technology. Commission (except for the mailing of through hand delivery/courier. Please [FR Doc. 2015–24310 Filed 9–23–15; 8:45 am] environmental documents issued by the refer to the proposal (80 FR 44350– Commission) and will not have the right 44354) for the addresses and detailed BILLING CODE 6560–50–P to seek court review of the instructions. Commission’s final order. Docket: All documents in the docket ENVIRONMENTAL PROTECTION The Commission strongly encourages are listed in the www.regulations.gov AGENCY index. Although listed in the index, electronic filings of comments, protests some information is not publicly [EPA–HQ–OW–2002–0059; FRL–9934–63– and interventions in lieu of paper using available, e.g., CBI or other information OW] the ‘‘eFiling’’ link at http:// whose disclosure is restricted by statute. Proposed Information Collection www.ferc.gov. Persons unable to file Certain other material, such as Request; Comment Request; Safe electronically should submit original copyrighted material, will be publicly Drinking Water Act State Revolving and five copies of the protest or available only in hard copy. Publicly Fund Program intervention to the Federal Energy available docket materials are available Regulatory Commission, 888 First Street either electronically in AGENCY: Environmental Protection NE., Washington, DC 20426. www.regulations.gov or in hard copy at Agency (EPA). Comment Date: 5 p.m. Eastern Time the EPA–HQ–OW–2004–0019 Docket, ACTION: Notice. on October 9, 2015. EPA/DC, William Jefferson Clinton Building West, Room 3334, 1301 SUMMARY: The U.S. Environmental Dated: September 18, 2015. Constitution Ave., NW., Washington, Protection Agency (EPA) is planning to Nathaniel J. Davis, Sr., DC. The Public Reading Room is open submit an information collection Deputy Secretary. from 8:30 a.m. to 4:30 p.m., Monday request (ICR), ‘‘Safe Drinking Water Act [FR Doc. 2015–24240 Filed 9–23–15; 8:45 am] through Friday, excluding legal State Revolving Fund Program’’ (EPA BILLING CODE 6717–01–P holidays. The telephone number for the ICR No. 1803.07, OMB Control No. Public Reading Room is (202) 566–1744, 2040–0185) to the Office of Management and the telephone number for the EPA and Budget (OMB) for review and Water Docket is (202) 566–2426. approval in accordance with the
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Paperwork Reduction Act (PRA) (44 information, including the validity of included under the Capital Grant U.S.C. 3501 et seq.). Before doing so, the methodology and assumptions used; Agreement. States which jointly EPA is soliciting public comments on (iii) enhance the quality, utility and administer the DWSRF and the Clean specific aspects of the proposed clarity of the information to be Water State Revolving Fund (CWSRF) information collection as described in collected; and (iv) minimize the burden programs, in accordance with section this renewal notice. This is a proposed of the collection of information on those 1452(g)(1), may submit reports extension of the ICR, which is currently who are to respond, including through (according to the schedule specified for approved through December 31, 2015. the use of appropriate automated each program) which cover both An Agency may not conduct or sponsor electronic, mechanical or other programs. and a person is not required to respond technological collection techniques or (3) Annual Audit: A state must to a collection of information unless it other forms of information technology, comply with the provisions of the displays a currently valid OMB control e.g., permitting electronic submission of Single Audit Act Amendments of 1996. number. responses. EPA will consider the Best management practices suggest and DATES: Comments must be submitted on comments received and amend the ICR EPA recommends that a state conduct or before November 23, 2015. as appropriate. The final ICR package an annual independent audit of its ADDRESSES: Submit your comments, will then be submitted to OMB for DWSRF program. The scope of the referencing Docket ID No. EPA–HQ– review and approval. At that time, EPA report must cover the DWSRF Fund and OW–2002–0059, online using will issue another Federal Register all other set-aside activities included in www.regulations.gov (our preferred notice to announce the submission of the Capitalization Grant Agreement. method), by email to OW-Docket@ the ICR to OMB and the opportunity to States which jointly administer the epa.gov, or by mail to: EPA Docket submit additional comments to OMB. DWSRF and the CWSRF programs, in Center, Environmental Protection Abstract: The Safe Drinking Water Act accordance with SDWA section Agency, Mail Code 28221T, 1200 (SDWA) Amendments of 1996 (Pub. L. 1452(g)(1), may submit audits that cover Pennsylvania Ave. NW., Washington, 104–182) authorized the creation of the both programs but which report DC 20460. Drinking Water State Revolving Fund financial information for each program EPA’s policy is that all comments (DWSRF; the Fund) program in each separately. received will be included in the public state and Puerto Rico to assist public (4) Assistance Application Review: docket without change including any water systems to finance the costs of Local applicants seeking financial personal information provided, unless infrastructure needed to achieve or assistance must prepare and submit the comment includes profanity, threats, maintain compliance with SDWA DWSRF loan applications. States then information claimed to be Confidential requirements and to protect public review completed loan applications and Business Information (CBI) or other health. SDWA section 1452 authorizes verify that proposed projects will information whose disclosure is the Administrator of the EPA to award comply with applicable federal and restricted by statute. capitalization grants to the states and state requirements. Puerto Rico which, in turn, provide low- FOR FURTHER INFORMATION CONTACT: Nick (5) DWSRF National Information cost loans and other types of assistance Management System (DWNIMS) and the Chamberlain, Drinking Water Protection to eligible drinking water systems. Division, Office of Ground Water and Projects and Benefits Reporting System States can also reserve a portion of their (PBR): To ensure that funds are being Drinking Water, 4606M, Environmental grants to conduct various set-aside Protection Agency, 1200 Pennsylvania used in an expeditious and timely activities. The information collection manner for eligible projects and Ave. NW., Washington, DC 20460; activities will occur primarily at the telephone number: 202–564–1871; fax expenses, states must annually enter program level through the (1) state-level financial data into DWNIMS number: 202–564–3754; email address: Capitalization Grant Application and [email protected]. and quarterly enter project-level data Agreement/State Intended Use Plan; (2) into PBR. SUPPLEMENTARY INFORMATION: Biennial Report; (3) Annual Audit; (4) Form Numbers: None. Supporting documents which explain in Assistance Application Review; and (5) Respondents/affected entities: Entities detail the information that the EPA will DWSRF National Information affected by this action are states and be collecting are available in the public Management System and the Projects local governments. docket for this ICR. The docket can be and Benefits Reporting System. Respondent’s obligation to respond: viewed online at www.regulations.gov (1) Capitalization Grant Application Required to obtain or retain a benefit per or in person at the EPA Docket Center, and Agreement/State Intended Use Plan: the Safe Drinking Water Act Section WJC West, Room 3334, 1301 The state must prepare a Capitalization 1452(g)(1). Constitution Ave. NW., Washington, Grant Application that includes an Estimated number of respondents: DC. The telephone number for the Intended Use Plan (IUP) outlining in 2,015 (total). Docket Center is 202–566–1744. For detail how it will use all the funds Frequency of response: Varies by additional information about EPA’s covered by the capitalization grant. The requirement (i.e., quarterly, semi- public docket, visit http://www.epa.gov/ state may, as an alternative, develop the annually and annually). dockets. IUP in a two part process, with one part Total estimated burden: 269,800 Pursuant to section 3506(c)(2)(A) of identifying the distribution and uses of hours (per year). Burden is defined at 5 the PRA, EPA is soliciting comments the funds among the various set-asides CFR 1320.03(b). and information to enable it to: (i) in the DWSRF program and the other Total estimated cost: $10,639,925 (per Evaluate whether the proposed part dealing with project assistance from year). collection of information is necessary the Fund. Changes in Estimates: The EPA for the proper performance of the (2) Biennial Report: The state must expects a decrease in the total estimated functions of the Agency, including agree to complete and submit a Biennial respondent burden hours compared whether the information will have Report on the uses of the capitalization with the ICR currently approved by practical utility; (ii) evaluate the grant. The scope of the report must OMB. The currently approved ICR accuracy of the Agency’s estimate of the cover assistance provided by the Fund includes increased burden from burden of the proposed collection of and all other set-aside activities additional Congressional program
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appropriations from the American federal holidays. Please call (202) 566– comments for the HSRB to consider Recovery and Reinvestment Act 1744 or email the ORD Docket at during the advisory process. Additional (ARRA), which nearly doubled burden [email protected] for instructions. information concerning submission of in some years. Inflation will offset some Updates to Public Reading Room access relevant written or oral comments is of the decrease achieved by removing are available on the Web site at: provided in Section I, ‘‘Public Meeting’’ ARRA burden from this ICR. http://www.epa.gov/epahome/ under subsection D. ‘‘How May I Date: September 17, 2015. dockets.htm. Participate in this Meeting?’’ of this Instructions: The Agency’s policy is Peter Grevatt, notice. that all comments received will be Director, Office of Ground Water and Drinking I. Public Meeting included in the public docket without Water. change and may be made available A. Does this action apply to me? [FR Doc. 2015–24198 Filed 9–23–15; 8:45 am] online at http://www.regulations.gov, BILLING CODE 6560–50–P This action is directed to the public including any personal information in general. This Notice may, however, provided, unless the comment includes be of particular interest to persons who ENVIRONMENTAL PROTECTION information claimed to be Confidential conduct or assess human studies, AGENCY Business Information or other especially studies on substances information the disclosure of which is regulated by the EPA, or to persons who [EPA–HQ–ORD–2015–0588; FRL–9934–66– restricted by statute. Do not submit ORD] are, or may be required to conduct information that you consider to be CBI testing of chemical substances under the or otherwise protected through http:// Federal Food, Drug, and Cosmetic Act Human Studies Review Board; www.regulations.gov or email. The Notification of a Public Meetings or the Federal Insecticide, Fungicide, http://www.regulations.gov Web site is and Rodenticide Act. This notice might AGENCY: Environmental Protection an ‘‘anonymous access’’ system, which also be of special interest to participants Agency (EPA). means EPA will not know your identity of studies involving human subjects, or ACTION: Notice. or contact information unless you representatives of study participants or provide it in the body of your comment. experts on community engagement. The SUMMARY: The Environmental Protection If you send an email comment directly Agency has not attempted to describe all Agency (EPA) Office of the Science to the EPA without going through http:// the specific entities that may have Advisor announces two separate public www.regulations.gov, your email interest in human subjects research. If meetings of the Human Studies Review address will be automatically captured you have any questions regarding this Board to advise the Agency on the and included as part of the comment notice, consult Jim Downing listed ethical and scientific reviews of EPA that is placed in the public docket and under FOR FURTHER INFORMATION research with human subjects. made available on the Internet. If you CONTACT. DATES: A public virtual meeting will be submit an electronic comment, the EPA held on October 19–20, 2015, from 1:00 recommends that you include your B. How can I access electronic copies of p.m. to approximately 5:00 p.m. Eastern name and other contact information in this document and other related Time each day. A separate the body of your comment and with any information? teleconference meeting is planned for electronic storage media you submit. If In addition to using regulations.gov, Monday, December 7, 2015, from 1:00 the EPA cannot read your comment due you may access this Federal Register p.m. to approximately 2:30 p.m. for the to technical difficulties and cannot document electronically through the HSRB to finalize its Final Report of the contact you for clarification, the EPA EPA Internet under the ‘‘Federal October 19–20, 2015 meeting. may not be able to consider your Register’’ listings at http:// ADDRESSES: Both of these meetings will comment. Electronic files should avoid www.epa.gov/fedrgstr/. be conducted entirely on the Internet the use of special characters, any form Docket: All documents in the docket using Adobe Connect. Registration is of encryption, and be free of any defects are listed in the http:// required to attend this meeting. Please or viruses. www.regulations.gov index. Although visit the HSRB Web site: http:// FOR FURTHER INFORMATION CONTACT: Any listed in the index, some information is www.epa.gov/hsrb to register. member of the public who wishes to not publicly available, e.g., CBI or other Comments: Submit your written receive further information should information whose disclosure is comments, identified by Docket ID No. contact Jim Downing on telephone restricted by statute. Certain other EPA–HQ–ORD–2015–0588, by one of number (202) 564–2468; fax number: material, such as copyrighted material, the following methods: (202) 564–2070; email address: will be publicly available only in hard Internet: http://www.regulations.gov: [email protected]; or mailing copy. Publicly available docket Follow the online instructions for address Environmental Protection materials are available either submitting comments. Agency, Office of the Science Advisor, electronically in http:// Email: [email protected]. Mail code 8105R, 1200 Pennsylvania www.regulations.gov or in hard copy at Mail: The EPA Docket Center EPA/ Avenue NW., Washington, DC 20460. the ORD Docket, EPA Docket Center, in DC, ORD Docket, Mail code: 28221T, General information concerning the EPA the Public Reading Room. The Public 1200 Pennsylvania Avenue NW., HSRB can be found on the EPA Web site Reading Room is located in the EPA Washington, DC 20460. at: http://www.epa.gov/hsrb. Headquarters Library, Room Number Hand Delivery: The EPA/DC Public SUPPLEMENTARY INFORMATION: 3334 in the EPA WJC West, at 1301 Reading Room is located in the EPA Meeting access: Access to these Constitution Avenue NW., Washington, Headquarters Library, Room Number Internet meetings are open to all by DC 20460. The hours of operation are 3334 in the EPA WJC West, at 1301 following the information provided 8:30 a.m. to 4:30 p.m. Eastern Time, Constitution Avenue NW., Washington, above. Monday through Friday, excluding DC 20460. The hours of operation are Procedures for providing public federal holidays. Please call (202) 566– 8:30 a.m. to 4:30 p.m. Eastern Time, input: Interested members of the public 1744 or email the ORD Docket at Monday through Friday, excluding may submit relevant written or oral [email protected] for instructions.
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Updates to Public Reading Room access listed under FOR FURTHER INFORMATION recommendations to the EPA on issues are available on the Web site (http:// CONTACT no later than noon, Eastern related to scientific and ethical aspects www.epa.gov/epahome/dockets.htm). Time, Wednesday, October 14, 2015, in of human subjects research. The major The Agency’s position paper(s), charge/ order to be included on the meeting objectives of the HSRB are to provide questions to the HSRB, and the meeting agenda and to provide sufficient time advice and recommendations on: (1) agenda will be available by early for the HSRB Chair and HSRB Research proposals and protocols; (2) October 2015. In addition, the Agency Designated Federal Official to review reports of completed research with may provide additional background the meeting agenda to provide an human subjects; and (3) how to documents as the materials become appropriate public comment period. strengthen EPA’s programs for available. You may obtain electronic Individuals or groups wishing to make protection of human subjects of copies of these documents, and other brief oral comments to the HSRB during research. The HSRB reports to the EPA related documents that are available the December 7, 2015 teleconference Administrator through the Agency’s electronically, from the regulations.gov should submit their request by Noon Science Advisor. Web site and the EPA HSRB Web site Eastern Time on Wednesday, December 1. Topics for discussion. On Monday, at http://www.epa.gov/hsrb/. For 2, 2015. The request should identify the October 19, 2015, EPA’s Human Studies questions on document availability, or if name of the individual making the Review Board will consider scientific you do not have access to the Internet, presentation and the organization (if and ethical issues surrounding: A consult Jim Downing listed under FOR any) the individual will represent. Oral completed study from the U.S. FURTHER INFORMATION. comments before the HSRB are Department of Agriculture Describing generally limited to five minutes per Laboratory Evaluation of Bite Protection C. What should I consider as I prepare individual or organization. Please note from Repellent-Impregnated Clothing my comments for the EPA? that this includes all individuals for the United States Military. At the You may find the following appearing either as part of, or on behalf continuation of the October meeting on suggestions helpful for preparing your of, an organization. While it is our Tuesday, October 20, 2015, EPA’s comments: intent to hear a full range of oral Human Studies Review Board will 1. Explain your views as clearly as comments on the science and ethics consider scientific and ethical issues possible. issues under discussion, it is not our surrounding: Protocol for Testing of S.C. 2. Describe any assumptions that you intent to permit organizations to expand Johnson Personal Tick Repellent used. the time limitations by having Products to Support Use of EPA 3. Provide copies of any technical numerous individuals sign up Repellency Awareness Graphic. information and/or data that you used to separately to speak on their behalf. If 2. Then on Monday, December 7, support your views. additional time is available, further 2015 the HSRB will finalize its Final 4. Provide specific examples to public comments may be possible. Report for the October 19–20, 2015 illustrate your concerns and suggest 2. Written comments. Submit your meeting. alternatives. written comments prior to the meetings. 2. Meeting minutes and reports. 5. To ensure proper receipt by the For the Board to have the best Minutes of these meetings, summarizing EPA, be sure to identify the Docket ID opportunity to review and consider your the matters discussed and number assigned to this action in the comments as it deliberates, you should recommendations, if any, made by the subject line on the first page of your submit your comments by Noon Eastern advisory committee regarding such response. You may also provide the Time on Wednesday, October 14, 2015, matters, will be released within 90 name, date, and Federal Register for the October 19–20 meeting, and by calendar days of the meeting. Such citation. noon Eastern Time on Wednesday, minutes will be available at http:// D. How may I participate in this December 2, 2015, for the December 7, www.epa.gov/osa/hsrb/ and http:// meeting? 2015 teleconference. If you submit www.regulations.gov. In addition, comments after these dates, those information regarding the HSRB’s final You may participate in these meetings comments will be provided to the HSRB meeting report, will be found at by following the instructions in this members, but you should recognize that http://www.epa.gov/osa/hsrb/ or from section. To ensure proper receipt by the the HSRB members may not have the person listed under FOR FURTHER EPA, it is imperative that you identify adequate time to consider your INFORMATION CONTACT. Docket ID number EPA–HQ–ORD– comments prior to their discussion. You 2015–0588 in the subject line on the should submit your comments using the Dated: September 17, 2015. first page of your request. instructions in Section I., under Thomas A. Burke, 1. Oral comments. Requests to present subsection C., ‘‘What Should I Consider EPA Science Advisor. oral comments during either conference as I Prepare My Comments for the [FR Doc. 2015–24342 Filed 9–23–15; 8:45 am] call will be accepted up to Noon Eastern EPA?’’ In addition, the agency also BILLING CODE 6560–50–P Time on Wednesday, October 14, 2015, requests that persons submitting for the October 19–20 meeting and up comments directly to the docket also to Noon Eastern Time on Wednesday, provide a copy of their comments to Jim ENVIRONMENTAL PROTECTION December 2, 2015, for the December 7, Downing listed under FOR FURTHER AGENCY 2015 conference call. To the extent that INFORMATION CONTACT. There is no limit time permits, interested persons who [EPA–HQ–ORD–2015–0528; FRL–9934–64– on the length of written comments for ORD] have not pre-registered may be consideration by the HSRB. permitted by the Chair of the HSRB to E. Background Board of Scientific Counselors present oral comments during either Homeland Security Subcommittee; call. Individuals or groups wishing to The HSRB is a Federal advisory Notification of Public Teleconference make brief oral comments to the HSRB committee operating in accordance with Meeting and Public Comment on October 19 or 20, 2015, are strongly the Federal Advisory Committee Act 5 advised to submit their request U.S.C. App.2 § 9. The HSRB provides AGENCY: Environmental Protection (preferably via email) to Jim Downing, advice, information, and Agency (EPA).
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ACTION: Notification of public program. Additional information about ENVIRONMENTAL PROTECTION teleconference meeting and public the BOSC is available at: http:// AGENCY comment. www2.epa.gov/bosc. [FRL–9934–58–Region 3] SUMMARY: Pursuant to the Federal Oral Statements: Members of the Advisory Committee Act, Public Law public who wish to provide oral Delegation of Authority to the State of 92–463, the U.S. Environmental comment during the Thursday, October West Virginia To Implement and Protection Agency hereby provides 1, 2015, public teleconference meeting Enforce Additional or Revised National notice that the Board of Scientific must pre-register by noon, Eastern Time Emission Standards for Hazardous Air Counselors (BOSC) Homeland Security on Tuesday, September 29, 2015 at: Pollutants and New Source Subcommittee will host a public https://www.eventbrite.com/e/us-epa- Performance Standards teleconference meeting on Thursday, bosc-homeland-security-subcommittee- AGENCY: Environmental Protection October 1, 2015, from 1:00 p.m. to 3:00 conference-call-registration- Agency (EPA). p.m. Eastern Time. The primary 18471366354. Individuals or groups ACTION: Notice of delegation of discussion will focus on the draft report making remarks during the public authority. summarizing recommendations from the comment period will be limited to five August 25–27, 2015 meeting. There will (5) minutes. To accommodate the SUMMARY: On June 24, 2015, the be a public comment period from 2:45 number of people who want to address Environmental Protection Agency (EPA) p.m. to 3:00 p.m. Eastern Time. the BOSC Homeland Security sent the State of West Virginia (West Members of the public are encouraged Subcommittee, only one representative Virginia) a letter acknowledging that to provide comments relevant to the of a particular community, organization, West Virginia’s delegation of authority topics of the meeting. or group will be allowed to speak. to implement and enforce National For additional information about Emissions Standards for Hazardous Air registering to attend the meeting or to Written Statements: Written Pollutants (NESHAP) and New Source provide public comment, please see the comments for the public meeting must Performance Standards (NSPS) had been REGISTRATION and SUPPLEMENTARY be received by noon, Eastern Time on updated, as provided for under INFORMATION sections below. Due to a Tuesday, September 29, 2015, and will previously approved delegation limited number of telephone lines, be included in the materials distributed mechanisms. To inform regulated attendance will be on a first-come, first- to the BOSC Homeland Security facilities and the public of West served basis. Pre-registration is required. Subcommittee prior to the Virginia’s updated delegation of Registration for the teleconference teleconference. Written comments authority to implement and enforce meeting closes at noon Eastern Time, should be sent to Tom Tracy, NESHAP and NSPS, EPA is making Tuesday, September 29, 2015. The Environmental Protection Agency, via available a copy of EPA’s letter to West deadline to sign up to speak during the email at [email protected] or by mail to Virginia through this notice. public comment period, or to submit 1200 Pennsylvania Avenue NW., (MC DATES: On June 24, 2015, EPA sent West written public comments, is also noon, 8104 R), Washington, DC 20460 or Virginia a letter acknowledging that Tuesday, September 29, 2015. submitted through regulations.gov, West Virginia’s delegation of authority DATES: The BOSC Homeland Security Docket ID No. EPA–HQ–ORD–2015– to implement and enforce NESHAP and Subcommittee teleconference meeting 0528. NSPS had been updated. on Thursday, October 1, 2015, will ADDRESSES: Information about Services for Copies of documents begin promptly at 1:00 p.m. Eastern pertaining to this action are available for Individuals with Disabilities: For Time. Registration: In order to public inspection during normal information about access or services for participate on the teleconference you business hours at the Air Protection individuals with disabilities, please must register at the following site: Division, U.S. Environmental Protection https://www.eventbrite.com/e/us-epa- contact Tom Tracy, at 202–564–6518 or Agency, Region III, 1650 Arch Street, bosc-homeland-security-subcommittee- via email at [email protected]. To Philadelphia, Pennsylvania 19103– conference-call-registration- request special accommodations for a 2029. Copies of West Virginia’s 18471366354. Once you have completed disability, please contact Tom Tracy no submittal are also available at the West the online registration you will be later than September 28, 2015 to give Virginia Department of Environmental contacted and provided with call-in EPA sufficient time to process your Protection, Division of Air Quality, 601 instructions. request. All requests should be sent to 57th Street SE., Charleston, West FOR FURTHER INFORMATION CONTACT: the address, email, or phone number Virginia 25304. Questions or correspondence listed in the FOR FURTHER INFORMATION FOR FURTHER INFORMATION CONTACT: Ray concerning the teleconference meeting CONTACT section above. Chalmers, (215) 814–2061, or by email should be directed to Tom Tracy, Dated: September 17, 2015. at [email protected]. Designated Federal Officer, Fred S. Hauchman, SUPPLEMENTARY INFORMATION: On June 8, Environmental Protection Agency, by Director, Office of Science Policy. 2015, West Virginia notified EPA that mail at 1200 Pennsylvania Avenue NW., West Virginia had updated its [FR Doc. 2015–24307 Filed 9–23–15; 8:45 am] (MC 8104 R), Washington, DC 20460; by incorporation by reference of federal telephone at 202–564–6518; or via email BILLING CODE 6560–50–P NESHAP and NSPS to include many at [email protected]. such standards, as found in the Code of SUPPLEMENTARY INFORMATION: The Federal Regulations (CFR), parts 60, 61, Charter of the BOSC states that the and 63, as of June 1, 2014. On June 24, advisory committee shall provide 2015, EPA sent West Virginia a letter independent advice to the acknowledging that West Virginia now Administrator on technical and has the authority to implement and management aspects of the Office of enforce the NESHAP and NSPS as Research and Development’s research specified by West Virginia in its notice
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to EPA, as provided for under West Virginia has adopted by reference in opportunity to comment on the previously approved automatic West Virginia’s revised Legislative Rules 45 following information collections. delegation mechanisms. All CSR 34 and 45 CSR 16, both effective on June Comments are requested concerning: notifications, applications, reports and 1, 2015. Whether the proposed collection of Please note that on December 19, 2008 in other correspondence required pursuant Sierra Club vs. EPA,2 the United States Court information is necessary for the proper to the delegated NESHAP and NSPS of Appeals for the District of Columbia performance of the functions of the must be submitted to both the US EPA Circuit vacated certain provisions of the Commission, including whether the Region III and to the West Virginia General Provisions of 40 CFR part 63 relating information shall have practical utility; Department of Environmental to exemptions for startup, shutdown, and the accuracy of the Commission’s Protection, unless the delegated malfunction (SSM). On October 16, 2009, the burden estimate; ways to enhance the standard specifically provides that such Court issued the mandate vacating these SSM quality, utility, and clarity of the submittals may be sent to EPA or a exemption provisions, which are found at 40 information collected; ways to minimize CFR part 63, § 63.6(f)(1) and (h)(1). delegated State. In such cases, the Accordingly, EPA no longer allows sources the burden of the collection of submittals should be sent only to the the SSM exemption as provided for in the information on the respondents, West Virginia Department of vacated provisions at 40 CFR part 63, including the use of automated Environmental Protection. A copy of § 63.6(f)(1) and (h)(1), even though EPA has collection techniques or other forms of EPA’s June 24, 2015 letter to West not yet formally removed the SSM exemption information technology; and ways to Virginia follows: provisions from the General Provisions of 40 further reduce the information CFR part 63. Because West Virginia ‘‘Mr. William F. Durham, Director collection burden on small business incorporated 40 CFR part 63 by reference, concerns with fewer than 25 employees. Division of Air Quality West Virginia should also no longer allow West Virginia Department of sources to use the former SSM exemption The FCC may not conduct or sponsor Environmental Protection from the General Provisions of 40 CFR part a collection of information unless it 601 57th Street 63 due to the Court’s ruling in Sierra Club displays a currently valid OMB control Charleston, West Virginia 25304 vs. EPA. number. No person shall be subject to Dear Mr. Durham: EPA appreciates West Virginia’s any penalty for failing to comply with The United States Environmental continuing NESHAP and NSPS enforcement a collection of information subject to the Protection Agency (EPA) has previously efforts, and also West Virginia’s decision to PRA that does not display a valid OMB delegated to the State of West Virginia (West take automatic delegation of additional and control number. Virginia) the authority to implement and more recent NESHAP and NSPS by adopting enforce various federal National Emissions them by reference. DATES: Written comments should be Standards for Hazardous Air Pollutants Sincerely, submitted on or before October 26, (NESHAP) and New Source Performance Diana Esher, Director 2015. If you anticipate that you will be Standards (NSPS), which are found at 40 CFR submitting comments, but find it Air Protection Division’’ parts 60, 61 and 63.1 In those actions EPA difficult to do so within the period of also delegated to West Virginia the authority This notice acknowledges the update time allowed by this notice, you should to implement and enforce any future EPA of West Virginia’s delegation of advise the contacts below as soon as NESHAP or NSPS on the condition that West authority to implement and enforce possible. Virginia legally adopt the future standards, NESHAP and NSPS. make only allowed wording changes, and ADDRESSES: Direct all PRA comments to provide specified notice to EPA. Dated: September 15, 2015. Nicholas A. Fraser, OMB, via email In a letter dated June 8, 2015, West Virginia Diana Esher, [email protected]; and informed EPA that West Virginia had Director, Air Protection Division, Region III. to Cathy Williams, FCC, via email PRA@ updated its incorporation by reference of [FR Doc. 2015–24192 Filed 9–23–15; 8:45 am] fcc.gov and to [email protected]. federal NESHAP and NSPS to include many such standards as found in 40 CFR parts 60, BILLING CODE 6560–50–P Include in the comments the OMB 61, and 63 as of June 1, 2014. West Virginia control number as shown in the noted that it understood that it was ‘‘Supplementary Information’’ section automatically delegated the authority to FEDERAL COMMUNICATIONS below. implement these standards. West Virginia COMMISSION FOR FURTHER INFORMATION CONTACT: committed to enforcing the standards in For conformance with the terms of EPA’s [OMB 3060–0139] additional information or copies of the previous delegations of authority. West information collection, contact Cathy Virginia made only allowed wording Information Collection Being Williams at (202) 418–2918. To view a changes. Submitted for Review and Approval to copy of this information collection West Virginia provided copies of the the Office of Management and Budget request (ICR) submitted to OMB: (1) Go revised West Virginia Legislative Rules to the Web page http://www.reginfo.gov/ AGENCY: Federal Communications which specify the NESHAP and NSPS which public/do/PRAMain, (2) look for the Commission. West Virginia has adopted by reference. section of the Web page called These revised Legislative Rules are entitled ACTION: Notice and request for ‘‘Currently Under Review,’’ (3) click on 45 CSR 34—‘‘Emission Standards for comments. Hazardous Air Pollutants,’’ and 45 CSR 16— the downward-pointing arrow in the ‘‘Standards of Performance for New SUMMARY: As part of its continuing effort ‘‘Select Agency’’ box below the Stationary Sources.’’ These revised Rules to reduce paperwork burdens, and as ‘‘Currently Under Review’’ heading, (4) have an effective date of June 1, 2015. required by the Paperwork Reduction select ‘‘Federal Communications Accordingly, EPA acknowledges that West Act (PRA) of 1995 (44 U.S.C. 3501– Commission’’ from the list of agencies Virginia now has the authority, as provided 3520), the Federal Communication presented in the ‘‘Select Agency’’ box, for under the terms of EPA’s previous Commission (FCC or Commission) (5) click the ‘‘Submit’’ button to the delegation actions, to implement and enforce right of the ‘‘Select Agency’’ box, (6) the NESHAP and NSPS standards which invites the general public and other Federal agencies to take this when the list of FCC ICRs currently 1 EPA has posted copies of these actions at: under review appears, look for the OMB http://www.epa.gov/reg3artd/airregulations/ 2 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. control number of this ICR and then delegate/wvdelegation.htm. 2008). click on the ICR Reference Number. A
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copy of the FCC submission to OMB information submitted to the of antenna structures. The changes to will be displayed. Commission be withheld from public this collection are necessary to SUPPLEMENTARY INFORMATION: inspection under 47 CFR 0.459 of the implement two of the updates adopted OMB Control Number: 3060–0139. Commission’s rules. in the Report and Order. The first Title: Application for Antenna The Commission has in place the change, to section 17.4(j), requires Structure Registration. following policy and procedures for owners of certain antenna structures to Form Number: FCC Form 854. records retention and disposal: Records file FCC Form 854 with the Commission Type of Review: Revision of a will be actively maintained as long as if there is any change or correction in currently approved collection. the entity remains a tower owner. Paper the overall height of one foot or greater Respondents: Individuals or records will be archived after being or in the coordinates of one second or households, business or other for-profit keyed or scanned into the Antenna greater in longitude or latitude of a entities, not-for-profit institutions, and Structure Registration (ASR) database registered antenna structure. The second State, local, or Tribal governments. and destroyed when twelve (12) years change, to section 17.4(b), requires Number of Respondents and old. owners to note on FCC Form 854 that Responses: 2,400 respondents; 57,100 Needs and Uses: As discussed below, the registration is voluntary, if the responses. the Commission is revising the FCC antenna structure is otherwise not Estimated Time per Response: .33 Form 854 to implement measures required to be registered under section hours to 2.5 hours. adopted in a recent Report and Order, 17.4. Frequency of Response: On occasion and is seeking Office of Management reporting requirement, recordkeeping and Budget (OMB) approval for this As a result, there will be a small requirement and third party disclosure information collection as revised. The increase in the number of FCC Form reporting requirement. Commission is also reporting a change 854s filed each year, as well as an Obligation to Respond: Required to in the annual burden and annual cost additional question added to the form obtain or retain benefits. Statutory due to a small increase in the number itself which will permit qualified authority for this information collection of responses. After the comment period, applicants to indicate that they are is contained in sections 1, 2, 4(i), 303, the Commission will submit the revised voluntarily registering their antenna and 309(j) of the Communications Act of information collection to OMB to obtain structures. These changes will enable 1934, as amended, 47 U.S.C. 151, 152, the full three year clearance. the Commission to further modernize its 154(i), 303, and 309(j), section 102(C) of The purpose of the FCC Form 854 is rules while adhering to its statutory the National Environmental Policy Act to register antenna structures (radio responsibility to prevent antenna of 1969, as amended, 42 U.S.C. 4332(C), towers) that are used for communication structures from being hazards to air and section 1506.6 of the regulations of services regulated by the Commission; navigation. the Council on Environmental Quality, to make changes to existing antenna Federal Communications Commission. 40 CFR 1506.6. structure registrations or pending Marlene H. Dortch, applications for registration; or to notify Total Annual Burden: 25,682 hours. Secretary. Office of the Secretary. Total Annual Cost: $1,176,813. the Commission of the completion of Privacy Act Impact Assessment: Yes. construction or dismantlement of such [FR Doc. 2015–24209 Filed 9–23–15; 8:45 am] This information collection contains structures, as required by Title 47 of the BILLING CODE 6712–01–P personally identifiable information on Code of Federal Regulations (CFR), individuals which is subject to the chapter 1. In addition, for proposed new Privacy Act of 1974. Information on the antenna structures, the FCC Form 854 is FEDERAL COMMUNICATIONS FCC Form 854 is maintained in the used to facilitate a pre-application COMMISSION Commission’s System of Records, FCC/ public notification process, including a Deletion of Consent Agenda Items WTB–1, ‘‘Wireless Services Licensing required 30-day period of local and From September 17, 2015; Open Records.’’ These licensee records are national notice to provide members of Meeting publicly available and routinely used in the public with a meaningful accordance of subsection b of the opportunity to comment on the September 17, 2015 Privacy Act, 5 U.S.C. 552a(b), as environmental effects of proposed amended. Taxpayer Identification antenna structures that require The following Consent Agenda has Numbers (TINs) and materials that are registration with the Commission. been deleted from the list of Agenda afforded confidential treatment The Commission is revising this items scheduled for consideration at the pursuant to a request made under 47 current information collection due to Thursday, September 17, 2015, Open CFR 0.459 of the Commission’s rules the adoption of a Report and Order, FCC Meeting and previously listed in the will not be available for public 14–117, which streamlined and Commission’s Notice of September 10, inspection. eliminated outdated provisions of the 2015. Items 1, 2, 3, 4, 5, 6, 7, 8, 10, and Nature and Extent of Confidentiality: Commission’s part 17 rules governing 11 have been adopted by the Respondents may request materials or the construction, marking, and lighting Commission.
CONSENT AGENDA
Item No. Bureau Subject
1 ...... MEDIA ...... TITLE: Radio Training Network, Application for a New Noncommercial FM Station at Dillon, South Carolina. SUMMARY: The Commission will consider a Memorandum Opinion and Order con- cerning an Application for Review filed by several joint petitioners seeking review of a Media Bureau Order granting Radio Training Network a New Noncommercial FM Station.
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CONSENT AGENDA—Continued
Item No. Bureau Subject
2 ...... MEDIA ...... TITLE: University of San Francisco (Assignor) and Classical Public Radio Network LLC (Assignee), Application for Consent to Assignment of License Station KOSC(FM), San Francisco, CA. SUMMARY: The Commission will consider a Memorandum Opinion and Order con- cerning an Applications for Review filed by Ted Hudacko and Friends of KUSF seeking review of a letter by the Media Bureau Order and Consent Decree approv- ing an assignment application. 3 ...... MEDIA ...... TITLE: Centennial Licensing, LLC, Assignor and Mel Wheeler, Inc., Assignee, Assign- ment of License WLNI(FM), Lynchburg, Virginia. SUMMARY: The Commission will consider a Memorandum Opinion and Order con- cerning an Application for Review filed by 3 Daughters Media, Inc. seeking review of a Media Bureau Order granting an assignment application. 4 ...... MEDIA ...... TITLE: Center for Emerging Media, Inc., et al, Application for a Construction Permit for a New LPFM Station at Baltimore, Maryland. SUMMARY: The Commission will consider a Memorandum Opinion and Order con- cerning an Application for Review filed by Loyola University of Maryland seeking re- view of a Commission Public Notice analyzing LPFM MX Group 198. 5 ...... MEDIA ...... TITLE: Texas Grace Communications, Request to Toll the Period to Construct Unbuilt Station DKRZB(FM), Archer City, Texas. SUMMARY: The Commission will consider a Memorandum Opinion and Order con- cerning an Application for Review filed by Texas Grace Communications seeking review of a Media Bureau decision. 6 ...... MEDIA ...... TITLE: Christian Charities Deliverance Church, Application for a Construction Permit for a New LPFM Station at Sayville, New York; By Faith Ministries Association, Ap- plication for a Construction Permit for a New LPFM Station at Sayville, New York; Rooftop Productions, Application for a Construction Permit for a New LPFM Station at Seattle, Washington; and Massasoit Community College, Application for a Con- struction Permit for a New LPFM Station at Brockton, Massachusetts. SUMMARY: The Commission will consider a Memorandum Opinion and Order con- cerning Applications for Review filed by Christian Charities Deliverance Church, By Faith Ministries Association, Rooftop Productions and Massasoit Community Col- lege seeking review of application dismissals by the Media Bureau. 7 ...... MEDIA ...... TITLE: Royce International Broadcasting Company, Assignor, and Entercom Commu- nications Corp., Assignee, Application for Consent to the Assignment of License of Station KWOD(FM), Sacramento, CA. SUMMARY: The Commission will consider a Memorandum Opinion and Order con- cerning an Application for Review filed by Royce International Broadcasting Com- pany seeking review of a Media Bureau decision granting an assignment applica- tion. 8 ...... MEDIA ...... TITLE: Hispanic Broadcasting Institute, Inc., Application for New LPFM Station at Lawrence, MA. SUMMARY: The Commission will consider a Memorandum Opinion and Order con- cerning an Application for Review filed by Hispanic Broadcasting Institute, Inc. seeking review of a Media Bureau dismissal of its LPFM station application. 9 ...... MEDIA ...... TITLE: Tango Radio, LLC, Applications for License to Cover Construction of DKNOS(FM), Albany Texas; DKANM(FM), Skyline-Ganipa, New Mexico; and DKKUL–FM, Trinity, Texas; and South Texas FM Investments, LLC, Applications for License to Cover Construction of DKAHA(FM), Olney, Texas, and DKXME(FM), Wellington, Texas. SUMMARY: The Commission will consider a Memorandum Opinion and Order con- cerning Applications for Review filed by Tango Radio, LLC and South Texas FM In- vestments, LLC seeking review of two Media Bureau decisions. 10 ...... MEDIA ...... TITLE: Pandora Radio LLC, Petition for Declaratory Ruling Under Section 310(b)(4) of the Communications Act of 1934, as Amended; Application of Connoisseur Media Licenses, LLC for Consent to Assign Station KXMZ(FM), Box Elder, South Dakota, to Pandora Radio LLC (MB Docket No. 14–109). SUMMARY: The Commission will consider an Order on Reconsideration concerning two Petitions for Reconsideration filed by the American Society of Composers, Au- thors and Publishers seeking review of a Commission Declaratory Ruling and a Media Bureau grant of an assignment application. 11 ...... MEDIA ...... TITLE: Hill Broadcasting Company, Inc., Request for Reinstatement of License and Application for Renewal of License for Station DKTVG–TV, Grand Island, NE. SUMMARY: The Commission will consider a Memorandum Opinion and Order con- cerning an Applications for Review Hill Broadcasting Company, Inc. seeking review of a Media Bureau renewal application dismissal. 12 ...... CONSUMER AND GOVERNMENTAL AF- TITLE: San Fernando Cathedral of San Antonio, Texas, (SFC), Application for Re- FAIRS. view (CG Docket No. 06–181). SUMMARY: The Commission will consider a Memorandum Opinion and Order ad- dressing an Application for Review filed by SFC seeking review of the Bureau’s dis- missal of SFC’s petition for exemption from the Commission’s closed captioning re- quirements.
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The meeting site is fully accessible to the accuracy of the Commission’s collection does not require the people using wheelchairs or other burden estimate; ways to enhance the collection of personally identifiable mobility aids. Sign language quality, utility, and clarity of the information from individuals. interpreters, open captioning, and information collected; ways to minimize Privacy Impact Assessment: No assistive listening devices will be the burden of the collection of impact(s). provided on site. Other reasonable information on the respondents, Needs and Uses: The rules adopted accommodations for people with including the use of automated herein establish recordkeeping disabilities are available upon request. collection techniques or other forms of requirements for a large variety of In your request, include a description of information technology; and ways to entities, including small business the accommodation you will need and further reduce the information entities. First, each Public Safety a way we can contact you if we need collection burden on small business Answering Point (PSAP) may designate more information. Last minute requests concerns with fewer than 25 employees. a representative who shall be required will be accepted, but may be impossible The FCC may not conduct or sponsor to file a certification with the to fill. Send an email to: [email protected] a collection of information unless it administrator of the PSAP registry that or call the Consumer & Governmental displays a currently valid OMB control they are authorized to place numbers Affairs Bureau at 202–418–0530 (voice), number. No person shall be subject to onto that registry. The designated PSAP 202–418–0432 (TTY). any penalty for failing to comply with representative shall provide contact Additional information concerning a collection of information subject to the information including the PSAP this meeting may be obtained from the PRA that does not display a valid OMB represented, name, title, address, Office of Media Relations, (202) 418– control number. telephone number and email address. 0500; TTY 1–888–835–5322. Audio/ DATES: Written PRA comments should Verified PSAPs shall be permitted to Video coverage of the meeting will be be submitted on or before November 23, upload to the registry any PSAP broadcast live with open captioning 2015. If you anticipate that you will be telephone associated with the provision over the Internet from the FCC Live Web submitting comments, but find it of emergency services or page at www.fcc.gov/live. difficult to do so within the period of communications with other public For a fee this meeting can be viewed time allowed by this notice, you should safety agencies. On an annual basis live over George Mason University’s advise the contact listed below as soon designated PSAP representatives shall Capitol Connection. The Capitol as possible. access the registry, review their Connection also will carry the meeting ADDRESSES: Direct all PRA comments to numbers and remove any ineligible live via the Internet. To purchase these Cathy Williams, FCC, via email to PRA@ numbers from the registry. Second, an services, call (703) 993–3100 or go to fcc.gov and to [email protected]. operator of automatic dialing equipment www.capitolconnection.gmu.edu. (OADE) is prohibited from contacting FOR FURTHER INFORMATION CONTACT: For Federal Communications Commission. additional information about the any number on the PSAP registry. Each Marlene H. Dortch, information collection, contact Cathy OADE must register for access to the PSAP registry by providing contact Secretary. Williams at (202) 418–2918. information which includes name, [FR Doc. 2015–24211 Filed 9–23–15; 8:45 am] SUPPLEMENTARY INFORMATION: business address, contact person, BILLING CODE 6712–01–P OMB Control Number: 3060–1183. telephone number, email, and all Title: Establishment of a Public Safety outbound telephone numbers used to Answering Point Do-Not-Call Registry, place autodialed calls. All such contact FEDERAL COMMUNICATIONS CG Docket No. 12–129. information must be updated within 30 COMMISSION Form Number: N/A. Type of Review: Extension of a days of any change. In addition, the [OMB 3060–1183] currently approved collection. OADE must certify that it is accessing the registry solely to prevent autodialed Information Collection Being Reviewed Respondents: Business or other for- profit entities; Federal Government; calls to numbers on the registry. An by the Federal Communications OADE must access and employ a Commission Not-for-profit institutions; State Local or Tribal Government. version of the PSAP registry obtained AGENCY: Federal Communications Number of Respondents and from the registry administrator no more Commission. Responses: 106,500 respondents; than 31 days prior to the date any call is made, and maintain record ACTION: Notice and request for 1,446,333 responses. documenting this process. No person or comments. Estimated Time per Response: 30 minutes (.50 hours) to 1 hour. entity may sell, rent, lease, purchase, SUMMARY: As part of its continuing effort Frequency of Response: share, or use the PSAP registry for any to reduce paperwork burdens, and as Recordkeeping requirement; Annual, purpose expect to comply with our rules required by the Paperwork Reduction monthly, on occasion and one-time prohibiting contact with numbers on the Act (PRA) of 1995 (44 U.S.C. 3501– reporting requirements. registry. 3520), the Federal Communications Obligation to Respond: Required to Federal Communications Commission. Commission (FCC or Commission) obtain or retain benefits. The statutory Marlene H. Dortch, invites the general public and other authority for the information collection Secretary, Office of the Secretary. Federal agencies to take this requirements is found in the Middle [FR Doc. 2015–24210 Filed 9–23–15; 8:45 am] opportunity to comment on the Class Tax Relief and Job Creation Act of BILLING CODE 6712–01–P following information collections. 2012, Public Law 112–96, February 22, Comments are requested concerning: 2012. whether the proposed collection of Total Annual Burden: 792,667 hours. FEDERAL ELECTION COMMISSION information is necessary for the proper Total Annual Cost: None. performance of the functions of the Nature and Extent of Confidentiality: Sunshine Act Meetings Commission, including whether the An assurance of confidentiality is not information shall have practical utility; offered because this information AGENCY: Federal Election Commission.
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DATE AND TIME: Thursday, October 1, PERSON TO CONTACT FOR INFORMATION: Board of Governors of the Federal Reserve 2015 at 10:00 a.m. Judith Ingram, Press Officer, Telephone: System, September 21, 2015. (202) 694–1220. Michael J. Lewandowski, PLACE: 999 E Street NW., Washington, Associate Secretary of the Board. DC (Ninth Floor). Shawn Woodhead Werth, [FR Doc. 2015–24265 Filed 9–23–15; 8:45 am] STATUS: This meeting will be open to Secretary and Clerk of the Commission. BILLING CODE 6210–01–P the public. [FR Doc. 2015–24403 Filed 9–22–15; 4:15 pm] BILLING CODE 6715–01–P ITEMS TO BE DISCUSSED: FEDERAL RESERVE SYSTEM Draft Advisory Opinion 2015–07: Hillary for America Change in Bank Control Notices; FEDERAL RESERVE SYSTEM Acquisitions of Shares of a Bank or Draft Advisory Opinion 2015–08: Bank Holding Company Repledge Formations of, Acquisitions by, and The notificants listed below have State and Local Ballot Measures and the Mergers of Bank Holding Companies Ban on Foreign National applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and Contributions The companies listed in this notice § 225.41 of the Board’s Regulation Y (12 have applied to the Board for approval, Notice of Proposed Rulemaking on CFR 225.41) to acquire shares of a bank Reporting Multistate Independent pursuant to the Bank Holding Company or bank holding company. The factors Expenditures in Presidential Primary Act of 1956 (12 U.S.C. 1841 et seq.) that are considered in acting on the Elections (BHC Act), Regulation Y (12 CFR part notices are set forth in paragraph 7 of Commission Documents/Public 225), and all other applicable statutes the Act (12 U.S.C. 1817(j)(7)). Disclosure Policies and regulations to become a bank The notices are available for Management and Administrative holding company and/or to acquire the immediate inspection at the Federal Matters assets or the ownership of, control of, or Reserve Bank indicated. The notices the power to vote shares of a bank or also will be available for inspection at Individuals who plan to attend and bank holding company and all of the the offices of the Board of Governors. require special assistance, such as sign banks and nonbanking companies Interested persons may express their language interpretation or other owned by the bank holding company, views in writing to the Reserve Bank reasonable accommodations, should including the companies listed below. indicated for that notice or to the offices contact Shawn Woodhead Werth, The applications listed below, as well of the Board of Governors. Comments Secretary and Clerk, at (202)694–1040, must be received not later than October at least 72 hours prior to the meeting as other related filings required by the Board, are available for immediate 9, 2015. date. A. Federal Reserve Bank of Kansas inspection at the Federal Reserve Bank City (Dennis Denney, Assistant Vice PERSON TO CONTACT FOR INFORMATION: indicated. The applications will also be President) 1 Memorial Drive, Kansas Judith Ingram, Press Officer, Telephone: available for inspection at the offices of (202) 694–1220. City, Missouri 64198–0001: the Board of Governors. Interested 1. J.C. Long and Carol V. Long, as Shawn Woodhead Werth, persons may express their views in trustees of the W.C. Long, Jr., Living Secretary and Clerk of the Commission. writing on the standards enumerated in Trust, all of Wellington, Kansas; to [FR Doc. 2015–24501 Filed 9–22–15; 4:15 pm] the BHC Act (12 U.S.C. 1842(c)). If the retain voting shares of Tri-County BILLING CODE 6715–01–P proposal also involves the acquisition of Financial Corporation, and thereby a nonbanking company, the review also indirectly retain voting shares of The includes whether the acquisition of the Bank of Commerce, both in Wellington, FEDERAL ELECTION COMMISSION nonbanking company complies with the Kansas. standards in section 4 of the BHC Act Sunshine Act Meeting Board of Governors of the Federal Reserve (12 U.S.C. 1843). Unless otherwise System, September 21, 2015. noted, nonbanking activities will be AGENCY: Federal Election Commission. Michael J. Lewandowski, conducted throughout the United States. Associate Secretary of the Board. DATE AND TIME: Tuesday, September 29, Unless otherwise noted, comments [FR Doc. 2015–24266 Filed 9–23–15; 8:45 am] 2015 At 10:00 a.m. And Thursday, regarding each of these applications BILLING CODE 6210–01–P October 1, 2015 At The Conclusion Of must be received at the Reserve Bank The Open Meeting. indicated or the offices of the Board of PLACE: 999 E Street NW., Washington, Governors not later than October 19, FEDERAL TRADE COMMISSION DC. 2015. [File No. 142 3132] STATUS: This meeting will be closed to A. Federal Reserve Bank of Chicago the public. (Colette A. Fried, Assistant Vice Carrot Neurotechnology, Inc.; Analysis President) 230 South LaSalle Street, ITEMS TO BE DISCUSSED: of Proposed Consent Order To Aid Compliance Chicago, Illinois 60690–1414: matters pursuant to 52 U.S.C. 30109. Public Comment 1. Edgewater Bancorp, Inc., Saint Internal personnel rules and internal AGENCY: Federal Trade Commission. rules and practices. Information the Joseph, Michigan; to become a bank ACTION: Proposed Consent Agreement. premature disclosure of which would be holding company following the likely to have a considerable adverse conversion of its subsidiary, Edgewater SUMMARY: The consent agreement in this effect on the implementation of a Bank, Saint Joseph, Michigan, from a matter settles alleged violations of proposed Commission action. federal savings bank to a Michigan state- federal law prohibiting unfair or * * * * * chartered bank. deceptive acts or practices. The attached
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Analysis to Aid Public Comment comment. Your comment—including may file a comment through that Web describes both the allegations in the your name and your state—will be site. draft complaint and the terms of the placed on the public record of this If you file your comment on paper, consent order—embodied in the consent proceeding, including, to the extent write ‘‘Carrot Neurotechnology, Inc.— agreement—that would settle these practicable, on the public Commission Consent Agreement; File No. 1423132’’ allegations. Web site, at http://www.ftc.gov/os/ on your comment and on the envelope, DATES: Comments must be received on publiccomments.shtm. As a matter of and mail your comment to the following or before October 19, 2015. discretion, the Commission tries to address: Federal Trade Commission, Office of the Secretary, 600 ADDRESSES: Interested parties may file a remove individuals’ home contact Pennsylvania Avenue NW., Suite CC– comment at https:// information from comments before 5610 (Annex D), Washington, DC 20580, ftcpublic.commentworks.com/ftc/ placing them on the Commission Web or deliver your comment to the carrotneurotechconsent online or on site. following address: Federal Trade paper, by following the instructions in Because your comment will be made Commission, Office of the Secretary, the Request for Comment part of the public, you are solely responsible for Constitution Center, 400 7th Street SW., SUPPLEMENTARY INFORMATION section making sure that your comment does 5th Floor, Suite 5610 (Annex D), below. Write ‘‘Carrot Neurotechnology, not include any sensitive personal Washington, DC 20024. If possible, Inc.—Consent Agreement; File No. information, like anyone’s Social submit your paper comment to the 1423132’’ on your comment and file Security number, date of birth, driver’s Commission by courier or overnight your comment online at https:// license number or other state identification number or foreign country service. ftcpublic.commentworks.com/ftc/ Visit the Commission Web site at carrotneurotechconsent by following the equivalent, passport number, financial account number, or credit or debit card http://www.ftc.gov to read this Notice instructions on the web-based form. If and the news release describing it. The you prefer to file your comment on number. You are also solely responsible for making sure that your comment does FTC Act and other laws that the paper, write ‘‘Carrot Neurotechnology, Commission administers permit the Inc.—Consent Agreement; File No. not include any sensitive health information, like medical records or collection of public comments to 1423132’’ on your comment and on the consider and use in this proceeding as envelope, and mail your comment to the other individually identifiable health information. In addition, do not include appropriate. The Commission will following address: Federal Trade consider all timely and responsive any ‘‘[t]rade secret or any commercial or Commission, Office of the Secretary, public comments that it receives on or financial information which . . . is 600 Pennsylvania Avenue NW., Suite before October 19, 2015. You can find privileged or confidential,’’ as discussed CC–5610 (Annex D), Washington, DC more information, including routine in Section 6(f) of the FTC Act, 15 U.S.C. 20580, or deliver your comment to the uses permitted by the Privacy Act, in 46(f), and FTC Rule 4.10(a)(2), 16 CFR following address: Federal Trade the Commission’s privacy policy, at 4.10(a)(2). In particular, do not include Commission, Office of the Secretary, http://www.ftc.gov/ftc/privacy.htm. Constitution Center, 400 7th Street SW., competitively sensitive information 5th Floor, Suite 5610 (Annex D), such as costs, sales statistics, Analysis of Proposed Consent Order To Washington, DC 20024. inventories, formulas, patterns, devices, Aid Public Comment FOR FURTHER INFORMATION CONTACT: manufacturing processes, or customer The Federal Trade Commission Karen Mandel, Bureau of Consumer names. (‘‘Commission’’) has accepted, subject to Protection, (202) 326–2491, 600 If you want the Commission to give final approval, an agreement containing Pennsylvania Avenue NW., Washington, your comment confidential treatment, a consent order as to Carrot DC 20580. you must file it in paper form, with a Neurotechnology, Inc., Adam Goldberg, SUPPLEMENTARY INFORMATION: Pursuant request for confidential treatment, and and Aaron Seitz (hereafter to Section 6(f) of the Federal Trade you have to follow the procedure ‘‘respondents’’). Commission Act, 15 U.S.C. 46(f), and explained in FTC Rule 4.9(c), 16 CFR The proposed consent order (‘‘order’’) FTC Rule 2.34, 16 CFR 2.34, notice is 4.9(c).1 Your comment will be kept has been placed on the public record for hereby given that the above-captioned confidential only if the FTC General 30 days for receipt of comments by consent agreement containing consent Counsel, in his or her sole discretion, interested persons. Comments received order to cease and desist, having been grants your request in accordance with during this period will become part of filed with and accepted, subject to final the law and the public interest. the public record. After 30 days, the approval, by the Commission, has been Postal mail addressed to the Commission will again review the order placed on the public record for a period Commission is subject to delay due to and the comments received, and will of thirty (30) days. The following heightened security screening. As a decide whether it should withdraw the Analysis to Aid Public Comment result, we encourage you to submit your order or make it final. describes the terms of the consent comments online. To make sure that the This matter involves the respondents’ agreement, and the allegations in the Commission considers your online advertising for the Ultimeyes software complaint. An electronic copy of the comment, you must file it at https:// application. The Commission’s full text of the consent agreement ftcpublic.commentworks.com/ftc/ complaint alleges that the respondents package can be obtained from the FTC carrotneurotechconsent by following the violated Sections 5(a) and 12 of the Home Page (for September 17, 2015), on instructions on the web-based form. If Federal Trade Commission Act (‘‘FTC the World Wide Web at: http:// this Notice appears at http:// Act’’), 15 U.S.C. 45(a), 52, by www.ftc.gov/os/actions.shtm. www.regulations.gov/#!home, you also representing, either falsely or without You can file a comment online or on adequate substantiation, that Ultimeyes paper. For the Commission to consider 1 In particular, the written request for confidential substantially improves users’ vision, your comment, we must receive it on or treatment that accompanies the comment must including that it: improves the vision of include the factual and legal basis for the request, before October 19, 2015. Write ‘‘Carrot and must identify the specific portions of the users, including people of all ages, Neurotechnology, Inc.—Consent comment to be withheld from the public record. See genders, and visual abilities; improves Agreement; File No. 1423132’’ on your FTC Rule 4.9(c), 16 CFR 4.9(c). vision with real world benefits,
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including benefits across a broad range must maintain all underlying or conducted, authored, or participated in of activities ranging from athletics to supporting data that experts in the any test, study, or research of the more routine lifestyle activities, such as relevant field generally would accept as product, program, or service; and all reading, watching TV, and driving; relevant to an assessment of such material connections between a person improves vision on average by 31% and testing. providing an endorsement and two lines on the Snellen eye chart, and Part II prohibits any representation respondents or any other person improves contrast sensitivity by 100%; about the health benefits, performance, manufacturing, labeling, advertising, and reverses, delays, or corrects aging efficacy, safety, or side effects of any promoting, offering for sale, selling, or eye or presbyopia, including, but not Covered Product or Service, unless it is distributing such product, program, or limited to, by improving night vision, non-misleading and supported by service. improving users’ ability to read in dim competent and reliable scientific Part VI provides the respondents will light, and diminishing the need for evidence that is sufficient in quality and pay an equitable monetary payment of glasses or other visual aids. The quantity based on standards generally $150,000 and contains other provisions complaint also alleges that the accepted in the relevant scientific fields, related to the payment. respondents violated Sections 5(a) and when considered in light of the entire Part VII requires the respondents to 12 by making the false or misleading body of relevant and reliable scientific provide sufficient customer information representation that scientific testing evidence, to substantiate that the to administer redress. proves that Ultimeyes improves vision representation is true. For purposes of Part VIII contains recordkeeping in the above ways. this Part, competent and reliable requirements for advertisements and The order includes injunctive relief scientific evidence means tests, substantiation relevant to that prohibits these alleged violations analyses, research, or studies that have representations covered by Parts I and fences in similar and related been conducted and evaluated in an through III, as well as order violations. The order applies to objective manner by qualified persons; acknowledgments covered by Part IX. marketing claims for any Covered and that are generally accepted in the Parts IX through XI require the Product or Service, defined as any profession to yield accurate and reliable respondents to deliver a copy of the Device within the meaning of Sections results. When that evidence consists of order to officers, employees, and 12 and 15 of the FTC Act, 15 U.S.C. 52, human clinical tests or studies, the representatives having managerial 55, or any program or service that is: (1) respondents must maintain all responsibilities with respect to the Intended for use in the diagnosis of underlying or supporting data and order’s subject matter, notify the disease or other condition, or in the documents that experts in the relevant Commission of changes in corporate cure, mitigation, treatment, or field generally would accept as relevant structure that might affect compliance prevention of disease, in man or other to an assessment of such testing. obligations, and file compliance reports animals; or (2) intended to affect the Part III, triggered when the human with the Commission. structure or any function of the body of clinical testing requirement in Parts I or Part XII provides that, with man or other animals; and which does II applies, requires the respondents to exceptions, the order will terminate in not achieve any of its principal intended secure and preserve all underlying or twenty years. purposes through chemical action supporting data and documents The purpose of this analysis is to within or on the body of man or other generally accepted by experts in the facilitate public comment on the order, relevant field as relevant to an animals and which is not dependent and it is not intended to constitute an assessment of the test, such as protocols, upon being metabolized for the official interpretation of the complaint instructions, participant-specific data, achievement of any of its principal or order, or to modify the order’s terms statistical analyses, and contracts with intended purposes. As additional in any way. fencing-in relief, the order requires the the test’s researchers. There is an respondents to follow appropriate exception for a ‘‘Reliably Reported’’ test, By direction of the Commission. recordkeeping and compliance reporting defined as a test that is published in a Donald S. Clark, requirements, as well as document peer-reviewed journal and that was not Secretary. preservation requirements for human conducted, controlled, or sponsored by [FR Doc. 2015–24220 Filed 9–23–15; 8:45 am] clinical studies that it conducts or any respondent or by any supplier of the BILLING CODE 6750–01–P sponsors on any Covered Product or respondents. Also, the published report Service. must provide sufficient information Part I prohibits any representation about the test for experts in the relevant DEPARTMENT OF HEALTH AND that a Covered Product or Service field to assess the reliability of the HUMAN SERVICES improves users’ vision, unless it is non- results. misleading and supported by competent Part IV prohibits the respondents from Centers for Medicare & Medicaid and reliable scientific evidence. Such misrepresenting, including through the Services evidence must consist of human clinical use of a name, endorsement, depiction, testing of the Covered Product or or illustration, the existence, contents, [Document Identifiers: CMS–10137 and Service that is sufficient in quality and validity, results, conclusions, or CMS–10237] quantity, based on standards generally interpretations of any test, study, or Agency Information Collection accepted by experts in the relevant field, research, or that any benefits of a Activities: Submission for OMB when considered in light of the entire product, program, or service are Review; Comment Request body of relevant and reliable scientific scientifically proven. evidence, to substantiate that the Part V requires the respondents to ACTION: Notice. representation is true. Such testing shall disclose, when triggered by certain (1) be randomized, double-blind, and representations as to scientific support SUMMARY: The Centers for Medicare & adequately controlled; and (2) be or endorsements in connection with the Medicaid Services (CMS) is announcing conducted by researchers qualified by advertisement or sale of any product, an opportunity for the public to training and experience to conduct such program, or service, any material comment on CMS’ intention to collect testing. In addition, the respondents connections to any person that has information from the public. Under the
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Paperwork Reduction Act of 1995 information to a third party. Section plans) that voluntarily participate in the (PRA), federal agencies are required to 3506(c)(2)(A) of the PRA (44 U.S.C. Part C program must submit a Part D publish notice in the Federal Register 3506(c)(2)(A)) requires federal agencies application and successful bid. Form concerning each proposed collection of to publish a 30-day notice in the Number: CMS–10237 (OMB Control information, including each proposed Federal Register concerning each Number: 0938–0935); Frequency: extension or reinstatement of an existing proposed collection of information, Yearly; Affected Public: Private sector collection of information, and to allow including each proposed extension or (Business or other For-profits and Not- a second opportunity for public reinstatement of an existing collection for-profit institutions); Number of comment on the notice. Interested of information, before submitting the Respondents: 566; Total Annual persons are invited to send comments collection to OMB for approval. To Responses: 566; Total Annual Hours: regarding the burden estimate or any comply with this requirement, CMS is 21,926. (For policy questions regarding other aspect of this collection of publishing this notice that summarizes this collection contact Wanda Pigatt- information, including any of the the following proposed collection(s) of Canty at 410–786–6177). following subjects: (1) The necessity and information for public comment: Dated: September 21, 2015. 1. Type of Information Collection utility of the proposed information William N. Parham, III, collection for the proper performance of Request: Revision of a currently approved collection; Title of Director, Paperwork Reduction Staff, Office the agency’s functions; (2) the accuracy of Strategic Operations and Regulatory of the estimated burden; (3) ways to Information Collection: Solicitation for Affairs. Applications for Medicare Prescription enhance the quality, utility, and clarity [FR Doc. 2015–24262 Filed 9–23–15; 8:45 am] of the information to be collected; and Drug Plan 2017 Contracts; Use: The BILLING CODE 4120–01–P (4) the use of automated collection information will be collected under the techniques or other forms of information solicitation of proposals from technology to minimize the information prescription drug plans, Medicare DEPARTMENT OF HEALTH AND collection burden. Advantage (MA) plans that offer HUMAN SERVICES DATES: Comments on the collection(s) of integrated prescription drug and health information must be received by the care coverage (MA–PD) plans, Cost Plan, Centers for Medicare & Medicaid OMB desk officer by October 26, 2015. PACE, and Employer Group Waiver Services Plan applicants. The information will be ADDRESSES: When commenting on the [CMS–7038–N] proposed information collections, used by CMS to: Ensure that applicants please reference the document identifier meet CMS requirements and to support Health Insurance Marketplace, the determination of contract awards. or OMB control number. To be assured Medicare, Medicaid, and Children’s Participation in the Part D program is consideration, comments and Health Insurance Programs; Meeting of voluntary. Only organizations that are recommendations must be received by the Advisory Panel on Outreach and interested in participating in the the OMB desk officer via one of the Education (APOE), October 7, 2015 program will respond to the solicitation. following transmissions: OMB, Office of The MA–PDs that voluntarily AGENCY: Centers for Medicare & Information and Regulatory Affairs, participate in the Part C program must Medicaid Services (CMS), HHS. Attention: CMS Desk Officer, Fax submit a Part D application and ACTION: Number: (202) 395–5806 or Email: Notice of meeting. successful bid. Form Number: CMS– [email protected]. 10137 (OMB Control Number: 0938– SUMMARY: This notice announces a To obtain copies of a supporting 0936); Frequency: Yearly; Affected meeting of the Advisory Panel on statement and any related forms for the Public: Private sector (Business or other Outreach and Education (APOE) (the proposed collection(s) summarized in For-profits and Not-for-profit Panel) in accordance with the Federal this notice, you may make your request institutions); Number of Respondents: Advisory Committee Act. The Panel using one of following: advises and makes recommendations to 1. Access CMS’ Web site address at 254; Total Annual Responses: 230; Total Annual Hours: 2,109. (For policy the Secretary of the U.S. Department of http://www.cms.hhs.gov/ Health and Human Services (HHS) and PaperworkReductionActof1995. questions regarding this collection contact Arianne Spaccarelli at 410–786– the Administrator of the Centers for 2. Email your request, including your Medicare & Medicaid Services (CMS) on address, phone number, OMB number, 5715). 2. Type of Information Collection opportunities to enhance the and CMS document identifier, to Request: Revision of a currently effectiveness of consumer education [email protected]. approved collection; Title of strategies concerning the Health 3. Call the Reports Clearance Office at Insurance Marketplace, Medicare, (410) 786–1326. Information Collection: Part C— Medicare Advantage and 1876 Cost Plan Medicaid, and the Children’s Health FOR FURTHER INFORMATION CONTACT: Expansion Application; Use: The Insurance Program (CHIP). This meeting Reports Clearance Office at (410) 786– information will be collected under the is open to the public. 1326. solicitation of Part C applications from DATES: Meeting Date: Wednesday, SUPPLEMENTARY INFORMATION: Under the Medicare Advantage, Employer Group October 7, 2015, 8:30 a.m. to 4:00 p.m. Paperwork Reduction Act of 1995 (PRA) Waiver Plan, and Cost Plan applicants eastern daylight time (e.d.t). (44 U.S.C. 3501–3520), federal agencies and will be used by CMS to ensure that Deadline for Meeting Registration, must obtain approval from the Office of applicants meet CMS requirements, and Presentations and Comments: Management and Budget (OMB) for each to support the determination of contract Wednesday, September 30, 2015, 5:00 collection of information they conduct awards. Participation is voluntary p.m., e.d.t. or sponsor. The term ‘‘collection of whereby only organizations that are Deadline for Requesting Special information’’ is defined in 44 U.S.C. interested in participating in the Accommodations: Wednesday, 3502(3) and 5 CFR 1320.3(c) and program will respond to the solicitation. September 30, 2015, 5:00 p.m., e.d.t. includes agency requests or Medicare Advantage (MA) organizations ADDRESSES: requirements that members of the public that offer integrated prescription drug Meeting Location: U.S. Department of submit reports, keep records, or provide and health care products (MA–PD Health & Human Services, Hubert H.
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Humphrey Building, 200 Independence predecessor to the APOE) on January 21, existing programs will change and the Avenue SW., Room 738 G, Conference 1999 (64 FR 7899, February 17, 1999) to expanded range of health coverage Room, Washington, DC 20201. advise and make recommendations to options available, including private Presentations and Written Comments: the Secretary and the Administrator of health insurance coverage through the Presentations and written comments the Centers for Medicare & Medicaid Marketplace. The APOE (the Panel) should be submitted to: Abigail Services (CMS) on the effective allows us to consider a broad range of Huffman, Designated Federal Official implementation of national Medicare views and information from interested (DFO), Division of Forum and education programs, including with audiences in connection with this effort Conference Development, Office of respect to the Medicare+Choice (M+C) and to identify opportunities to enhance Communications, Centers for Medicare program added by the Balanced Budget the effectiveness of education strategies & Medicaid Services, 7500 Security Act of 1997 (Pub. L. 105–33). concerning the Affordable Care Act. Boulevard, Mailstop S1–05–06, The Medicare Modernization Act of The scope of this panel also includes Baltimore, MD 21244–1850 or via email 2003 (MMA) (Pub. L. 108–173) advising on issues pertaining to the at [email protected]. expanded the existing health plan education of providers and stakeholders Registration: The meeting is open to options and benefits available under the with respect to the Affordable Care Act the public, but attendance is limited to M+C program and renamed it the and certain provisions of the Health the space available. Persons wishing to Medicare Advantage (MA) program. We Information Technology for Economic attend this meeting must register at the have had substantial responsibilities to and Clinical Health (HITECH) Act Web site https://www.regonline.com/ provide information to Medicare enacted as part of the American apoeoct2015meeting or by contacting beneficiaries about the range of health Recovery and Reinvestment Act of 2009 plan options available and better tools the DFO as listed in the FOR FURTHER (ARRA). to evaluate these options. The INFORMATION CONTACT section of this On January 21, 2011, the Panel’s successful MA program implementation notice, by the date listed in the DATES charter was renewed and the Panel was section of this notice. Individuals required CMS to consider the views and renamed the Advisory Panel for policy input from a variety of private requiring sign language interpretation or Outreach and Education. The Panel’s sector constituents and to develop a other special accommodations should charter was most recently renewed on broad range of public-private contact the DFO at the address listed in January 21, 2015, and will terminate on partnerships. FOR FURTHER INFORMATION CONTACT January 21, 2017 unless renewed by the In addition, Title I of the MMA section of this notice by the date listed appropriate action. authorized the Secretary and the Under the current charter, the APOE in the DATES section of this notice. Administrator of CMS (by delegation) to will advise the Secretary and the FOR FURTHER INFORMATION CONTACT: establish the Medicare prescription drug Administrator on optimal strategies for Abigail Huffman, Designated Federal benefit. The drug benefit allows the following: Official, Office of Communications, beneficiaries to obtain qualified • Developing and implementing CMS, 7500 Security Boulevard, Mail prescription drug coverage. In order to education and outreach programs for Stop S1–05–06, Baltimore, MD 21244, effectively administer the MA program individuals enrolled in, or eligible for, 410–786–0897, email and the Medicare prescription drug Medicare, Medicaid, and the Children’s [email protected]. benefit, we have substantial Health Insurance Program (CHIP), or Additional information about the APOE responsibilities to provide information coverage available through the Health is available on the Internet at: http:// to Medicare beneficiaries about the Insurance Marketplace. www.cms.gov/Regulations-and- range of health plan options and • Enhancing the federal government’s Guidance/Guidance/FACA/ benefits available, and to develop better effectiveness in informing Health APOE.htmlPress inquiries are handled tools to evaluate these plans and Insurance Marketplace, Medicare, through the CMS Press Office at (202) benefits. Medicaid, and CHIP consumers, issuers, 690–6145. The Affordable Care Act (Patient providers, and stakeholders, through SUPPLEMENTARY INFORMATION: Protection and Affordable Care Act, education and outreach programs, on Public Law 111–148, and Health Care issues regarding these programs, I. Background and Education Reconciliation Act of including the appropriate use of public- The Advisory Panel for Outreach and 2010, Pub. L. 111–152) expanded the private partnerships to leverage the Education (APOE) (the Panel) is availability of other options for health resources of the private sector in governed by the provisions of Federal care coverage and enacted a number of educating beneficiaries, providers, and Advisory Committee Act (FACA) (Pub. changes to Medicare as well as to stakeholders. L. 92–463), as amended (5 U.S.C. Medicaid and the Children’s Health • Expanding outreach to vulnerable Appendix 2), which sets forth standards Insurance Program (CHIP). Qualified and underserved communities, for the formation and use of federal individuals and qualified employers are including racial and ethnic minorities, advisory committees. The Panel is now able to purchase private health in the context of Health Insurance authorized by section 1114(f) of the Act insurance coverage through competitive Marketplace, Medicare, Medicaid, and (42 U.S.C. 1314(f)) and section 222 of marketplaces, called Affordable CHIP education programs. • the Public Health Service Act (42 U.S.C. Insurance Exchanges (also called the Assembling and sharing an 217a). Health Insurance Marketplace, and information base of ‘‘best practices’’ for The Secretary of the U.S. Department ‘‘Marketplace’’). In order to effectively helping consumers evaluate health implement and administer these coverage options. of Health and Human Services (HHS) • (the Secretary) signed the charter changes, we must provide information Building and leveraging existing establishing the Citizen’s Advisory to consumers, providers, and other community infrastructures for 1 stakeholders through education and information, counseling, and assistance. Panel on Medicare Education (the • outreach programs regarding how Drawing the program link between outreach and education, promoting 1 We note that the Citizen’s Advisory Panel on Medicare Education is also referred to as the 4617). The name was updated in the Second consumer understanding of health care Advisory Panel on Medicare Education (65 FR Amended Charter approved on July 24, 2000. coverage choices, and facilitating
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consumer selection/enrollment, which • Meeting summary, review of utility, and clarity of the information to in turn support the overarching goal of recommendations, and next steps be collected; and (4) the use of improved access to quality care, Individuals or organizations that wish automated collection techniques or including prevention services, to make a 5-minute oral presentation on other forms of information technology to envisioned under the Affordable Care an agenda topic should submit a written minimize the information collection Act. copy of the oral presentation to the DFO burden. The current members of the Panel are: at the address listed in the ADDRESSES DATES: Comments must be received by Kellan Baker, Associate Director, Center section of this notice by the date listed November 23, 2015. for American Progress; Phillip in the DATES section of this notice. The ADDRESSES: When commenting, please Bergquist, Manager, Health Center number of oral presentations may be Operations, Children’s Health Insurance reference the document identifier or limited by the time available. OMB control number. To be assured Program Reauthorization Act (CHIPRA) Individuals not wishing to make an oral Outreach & Enrollment Project and consideration, comments and presentation may submit written recommendations must be submitted in Director, Michigan Primary Care comments to the DFO at the address Association; Robert Blancato, President, any one of the following ways: listed in the ADDRESSES section of this Matz, Blancato & Associates; Dale 1. Electronically. You may send your notice by the date listed in the DATES comments electronically to http:// Blasier, Professor of Orthopaedic section of this notice. Surgery, Department of Orthopaedics, www.regulations.gov. Follow the Arkansas Children’s Hospital; Deborah Authority: Sec. 222 of the Public Health instructions for ‘‘Comment or Britt, Executive Director of Community Service Act (42 U.S.C. 217a) and sec. 10(a) Submission’’ or ‘‘More Search Options’’ & Public Relations, Piedmont Fayette of Pub. L. 92–463 (5 U.S.C. App. 2, sec. 10(a) to find the information collection and 41 CFR 102–3). Hospital; Deena Chisolm, Associate document(s) that are accepting Professor of Pediatrics & Public Health, Dated: September 21, 2015. comments. The Ohio State University, Nationwide Andrew M. Slavitt, 2. By regular mail. You may mail Children’s Hospital; Josephine DeLeon, Acting Administrator, Centers for Medicare written comments to the following Director, Anti-Poverty Initiatives, & Medicaid Services. address: CMS, Office of Strategic Catholic Charities of California; Robert [FR Doc. 2015–24304 Filed 9–23–15; 8:45 am] Operations and Regulatory Affairs, Espinoza, Vice President of Policy, BILLING CODE 4120–01–P Division of Regulations Development, Paraprofessional Healthcare Institute; Attention: Document Identifier/OMB Amy Jones, Director of Health & Social Control Number lllll, Room C4– Services, Southeast Asian Mutual DEPARTMENT OF HEALTH AND 26–05, 7500 Security Boulevard, Assistance Associations Coalition HUMAN SERVICES Baltimore, Maryland 21244–1850. (SEAMAAC, Inc.); Louise Scherer To obtain copies of a supporting Knight, Director, The Sidney Kimmel Centers for Medicare & Medicaid statement and any related forms for the Comprehensive Cancer Center at Johns Services proposed collection(s) summarized in this notice, you may make your request Hopkins; Miriam Mobley-Smith, Dean, [Document Identifiers: CMS–R–262 and Chicago State University, College of CMS–10142] using one of following: Pharmacy; Roanne Osborne-Gaskin, 1. Access CMS’ Web site address at M.D., Associate Medical Director, Agency Information Collection http://www.cms.hhs.gov/ Neighborhood Health Plan of Rhode Activities: Proposed Collection; PaperworkReductionActof1995. Island; Kamila Pickett, Litigation Comment Request 2. Email your request, including your Support, Independent Contractor; address, phone number, OMB number, Jeanne Ryer, Director, New Hampshire AGENCY: Centers for Medicare & and CMS document identifier, to Citizens Health Initiative, University of Medicaid Services, HHS. [email protected]. New Hampshire; Alvia Siddiqi, ACTION: Notice. 3. Call the Reports Clearance Office at Medicaid Managed Care Community (410) 786–1326. SUMMARY: The Centers for Medicare & Network (MCCN) Medical Director, FOR FURTHER INFORMATION CONTACT: Advocate Physician Partners, Carla Medicaid Services (CMS) is announcing Reports Clearance Office at (410) 786– Smith, Executive Vice President, an opportunity for the public to 1326. Healthcare Information and comment on CMS’ intention to collect SUPPLEMENTARY INFORMATION: Management Systems Society (HIMSS); information from the public. Under the Paula Villescaz, Senior Consultant, Paperwork Reduction Act of 1995 (the Contents PRA), federal agencies are required to Assembly Health Committee; and This notice sets out a summary of the Darlene Yee-Melichar, Professor & publish notice in the Federal Register concerning each proposed collection of use and burden associated with the Coordinator, San Francisco State following information collections. More University. information (including each proposed extension or reinstatement of an existing detailed information can be found in II. Provisions of This Notice collection of information) and to allow each collection’s supporting statement In accordance with Section 10(a) of 60 days for public comment on the and associated materials (see the FACA, this notice announces a proposed action. Interested persons are ADDRESSES). meeting of the APOE. The agenda for invited to send comments regarding our CMS–R–262 Contract Year 2017 Plan the October 7, 2015 meeting will burden estimates or any other aspect of Benefit Package (PBP) Software and include the following: this collection of information, including Formulary Submission • Welcome and listening session with any of the following subjects: (1) The necessity and utility of the proposed CMS–10142 Bid Pricing Tool (BPT) for CMS leadership Medicare Advantage (MA) Plans and • Recap of the previous (July 22, 2015) information collection for the proper Prescription Drug Plans (PDP) meeting performance of the agency’s functions; • Affordable Care Act initiatives (2) the accuracy of the estimated Under the PRA (44 U.S.C. 3501– • An opportunity for public comment burden; (3) ways to enhance the quality, 3520), federal agencies must obtain
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approval from the Office of Management 2. Type of Information Collection OMB No.: 0970–0114. and Budget (OMB) for each collection of Request: Revision of a currently Description: The Child Care and information they conduct or sponsor. approved collection; Title of Development Fund (CCDF) Plan (the The term ‘‘collection of information’’ is Information Collection: Bid Pricing Tool Plan) for States and Territories is defined in 44 U.S.C. 3502(3) and 5 CFR (BPT) for Medicare Advantage (MA) required from each CCDF Lead Agency 1320.3(c) and includes agency requests Plans and Prescription Drug Plans in accordance with Section 658E of the or requirements that members of the (PDP); Use: We require that Medicare Child Care and Development Block public submit reports, keep records, or Advantage organizations and provide information to a third party. Prescription Drug Plans complete the Grant (CCDBG Act), 42 U.S.C.9858 as Section 3506(c)(2)(A) of the PRA Bid Pricing Tool (BPT) as part of the amended by the CCDBG Act of 2014, requires federal agencies to publish a annual bidding process. During this Public Law113–186. The Plan, 60-day notice in the Federal Register process, organizations prepare their submitted on the ACF–118, is now concerning each proposed collection of proposed actuarial bid pricing for the required triennially, and will remain in information, including each proposed upcoming contract year and submit effect for three years. The Plan provides extension or reinstatement of an existing them to us for review and approval. The ACF and the public with a description collection of information, before purpose of the BPT is to collect the of, and assurance about, the States’ and submitting the collection to OMB for actuarial pricing information for each Territories’ child care programs. ACF approval. To comply with this plan. The BPT calculates the plan’s bid, extended the deadline for the requirement, CMS is publishing this enrollee premiums, and payment rates. submission of the State and Territory FY notice. We publish beneficiary premium 2016–2018 CCDF Plan from July 1, 2015 Information Collection information using a variety of formats to March 1, 2016. The extension (www.medicare.gov, the Medicare & You provides States and Territories more 1. Type of Information Collection handbook, Summary of Benefits time to engage partner agencies and Request: Revision of a currently marketing information) for the purpose stakeholders, brief legislators on needed approved collection; Title of of beneficiary education and Information Collection: Contract Year statutory changes, and develop enrollment. Form Number: CMS–10142 meaningful implementation plans. The 2017 Plan Benefit Package (PBP) (OMB control number 0938–0944); Software and Formulary Submission; extension does not extend the FY 2016– Frequency: Yearly; Affected Public: 2018 3-year plan period; Plans will be Use: We require that Medicare Private sector (Business or other for- Advantage and Prescription Drug Plan effective June 1, 2016 through profits and Not-for-profit institutions); organizations submit a completed PBP September 30, 2018. Number of Respondents: 555; Total and formulary as part of the annual Annual Responses: 4,995; Total Annual The Office of Child Care (OCC) has bidding process. During this process, Hours: 149,850. (For policy questions given thoughtful consideration to the organizations prepare their proposed regarding this collection contact Rachel comments received during the 60-day plan benefit packages for the upcoming Shevland at 410–786–3026). Public Comment Period. The Plan has contract year and submit them to us for been revised to incorporate public review and approval. We publish Dated: September 21, 2015. comments, better align the Plan with the beneficiary education information using William N. Parham, III, new program requirements of the a variety of formats. The specific Director, Paperwork Reduction Staff, Office education initiatives that utilize PBP of Strategic Operations and Regulatory CCDBG Act of 2014 and includes and formulary data include web Affairs. additional guidance and clarification application tools on www.medicare.gov [FR Doc. 2015–24263 Filed 9–23–15; 8:45 am] where appropriate in order to improve and the plan benefit insert in the BILLING CODE 4120–01–P the quality of information that is being Medicare & You handbook. In addition, collected. This 30-day second Public organizations utilize the PBP data to Comment Period provides an generate their Summary of Benefits DEPARTMENT OF HEALTH AND opportunity for the public to submit marketing information. Form Number: HUMAN SERVICES comments to the Office of Management CMS–R–262 (OMB control number and Budget (OMB). The Tribal Plan 0938–0763); Frequency: Yearly; Affected Administration for Children and (ACF–118a) will be addressed under a Public: Private sector (business or other Families separate notice. for-profits and not-for-profit Submission for OMB Review; Respondents: State and Territory institutions); Number of Respondents: Comment Request CCDF Lead Agencies (56). 552; Total Annual Responses: 5,448; Total Annual Hours: 52,902. (For policy Title: Child Care and Development questions regarding this collection Fund Plan for States and Territories FY contact Kristy Holtje at 410–786–2209). 2016–2018 (ACF–118).
ANNUAL BURDEN ESTIMATES
Number of Average Instrument Number of responses per burden hours Total burden respondents respondent per response hours
ACF–118 ...... 56 0.50 162.50 4,550
Estimated Total Annual Burden Additional Information: Copies of the Children and Families, Office of Hours: 4,550. proposed collection may be obtained by Planning, Research and Evaluation, 370 writing to the Administration for L’Enfant Promenade SW., Washington,
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DC 20447, Attn: ACF Reports Clearance ADDRESSES: Submit electronic www.regulations.gov or written Officer. All requests should be comments on the interim report to comments to the Division of Dockets identified by the title of the information http://www.regulations.gov. Submit Management (see ADDRESSES). It is only collection. Email address: written comments to the Division of necessary to send one set of comments. [email protected]. Dockets Management (HFA–305), Food Identify comments with the docket OMB Comment: and Drug Administration, 5630 Fishers number found in brackets in the OMB is required to make a decision Lane, Rm. 1061, Rockville, MD 20852. heading of this document. Received concerning the collection of information FOR FURTHER INFORMATION CONTACT: comments may be seen in the Division between 30 and 60 days after Mark Ascione, Center for Drug of Dockets Management between 9 a.m. publication of this document in the Evaluation and Research, Food and and 4 p.m., Monday through Friday, and Federal Register. Therefore, a comment Drug Administration, 10903 New will be posted to the docket at http:// is best assured of having its full effect Hampshire Ave., Bldg. 51, Rm. 1150, www.regulations.gov. if OMB receives it within 30 days of Silver Spring, MD 20993–0002, 301– III. Electronic Access publication. Written comments and 796–7652, FAX: 301–847–8443. recommendations for the proposed The interim report can be accessed at SUPPLEMENTARY INFORMATION: information collection should be sent http://www.fda.gov/downloads/ directly to the following: Office of I. Background ForIndustry/UserFees/ BiosimilarUserFeeActBsUFA/ Management and Budget, Paperwork The Patient Protection and Affordable _ UCM459686.pdf. Reduction Project, Email: OIRA Care Act of 2010 (Pub. L. 111–148) [email protected], Attn: amended the Public Health Service Act Dated: September 18, 2015. Desk Officer for the Administration for to create an abbreviated licensure Leslie Kux, Children and Families. pathway for biological products that are Associate Commissioner for Policy. Robert Sargis, demonstrated to be ‘‘biosimilar’’ to or [FR Doc. 2015–24227 Filed 9–23–15; 8:45 am] Reports Clearance Officer. ‘‘interchangeable’’ with an FDA- BILLING CODE 4164–01–P [FR Doc. 2015–24270 Filed 9–23–15; 8:45 am] licensed biological product. The Federal Food, Drug, and Cosmetic Act (the BILLING CODE 4184–01–P FD&C Act), as amended by BsUFA (Title DEPARTMENT OF HEALTH AND IV of the Food and Drug Administration HUMAN SERVICES DEPARTMENT OF HEALTH AND Safety and Innovation Act, Pub. L. 112– HUMAN SERVICES 144), authorizes FDA to assess and Food and Drug Administration collect fees for biosimilar biological [Docket No. FDA–2015–N–1837] Food and Drug Administration products from October 2012 through September 2017. FDA uses these fees to [Docket No. FDA–2015–N–3155] Agency Information Collection expedite the review process for Activities; Submission for Office of Interim Results of Study of Workload biosimilar biological products. Management and Budget Review; Volume and Full Costs Associated Biosimilar biological products represent Comment Request; Electronic User With Review of Biosimilar Biological an important public health benefit, with Fee Payment Request Forms Product Applications the potential to offer life-saving or life- altering benefits at reduced cost to the AGENCY: Food and Drug Administration, AGENCY: Food and Drug Administration, patient. BsUFA facilitates the HHS. HHS. development of safe and effective ACTION: Notice. ACTION: Notice; request for comments. biosimilar products for the American SUMMARY: The Food and Drug public. Administration (FDA) is announcing SUMMARY: The Food and Drug As part of BsUFA, FDA is required to that a proposed collection of Administration (FDA or Agency) is contract with an independent information has been submitted to the announcing an opportunity for public accounting or consulting firm to study Office of Management and Budget comment on the interim results of a the workload volume and full costs (OMB) for review and clearance under study of the workload volume and full associated with the process for the the Paperwork Reduction Act of 1995. costs associated with the process for the review of biosimilar biological product review of biosimilar biological product applications. This notice solicits DATES: Fax written comments on the applications (interim report). This study comments on the interim report, and the collection of information by October 26, was conducted by an independent final report is due no later than 2015. consulting firm, and it fulfills FDA’s September 30, 2016. The interim report ADDRESSES: To ensure that comments on statutory requirement under the first is described in section 744I(d) of the the information collection are received, authorization of the Biosimilar User Fee FD&C Act (21 U.S.C. 379j–53(d)) (http:// OMB recommends that written Act of 2012 (BsUFA), which enables uscode.house.gov/ comments be faxed to the Office of FDA to collect user fees for the review view.xhtml?req=granuleid:U.S.C.- Information and Regulatory Affairs, of biosimilar biological applications for prelim-title21-section379j- OMB, Attn: FDA Desk Officer, FAX: _ fiscal years 2013 to 2017. This notice 53&num=0&edition=prelim), as 202–395–7285, or emailed to oira solicits comments on the interim report. amended by the Food and Drug [email protected]. All DATES: The interim report will be Administration Safety and Innovation comments should be identified with the released on September 24, 2015, and Act enacted in 2012. title Electronic User Fee Payment will be available at http://www.fda.gov/ Request Forms. Also include the FDA downloads/ForIndustry/UserFees/ II. Comments docket number found in brackets in the BiosimilarUserFeeActBsUFA/ FDA is issuing this notice to request heading of this document. UCM459686.pdf. Submit either public comment on the interim report. FOR FURTHER INFORMATION CONTACT: FDA electronic or written comments on the Interested persons may submit either PRA Staff, Office of Operations, Food interim report by October 26, 2015. electronic comments to http:// and Drug Administration, 8455
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Colesville Rd., COLE–14526, Silver needed, and complete and review the including 21 for Animal Drug User Fee Spring, MD 20993–0002, PRAStaff@ collection of information. The estimated Act, 2 for Animal Generic Drug User Fee fda.hhs.gov. hours are based on past FDA experience Act, 544 for Generic Drug User Fee SUPPLEMENTARY INFORMATION: In with the user fee payment refund Amendments, 627 for Medical Device compliance with 44 U.S.C. 3507, FDA request. User Fee Amendments, and 97 for has submitted the following proposed In fiscal year 2014, approximately Prescription Drug User Fee Act. collection of information to OMB for 1,741 user fee refunds were processed Respondents for the electronic request review and clearance. for cover sheets and invoices including forms include domestic and foreign 27 for Animal Drug User Fee Act, 5 for firms (including pharmaceutical, Electronic User Fee Payment Request Animal Generic Drug User Fee Act, 3 for medical device, etc.). Specifically, Forms—(OMB Control Number 0910— Biosimilar Drug User Fee Act, 1 for a refund request forms target respondents NEW) Center for Tobacco Products Civil who submitted a duplicate payment or The Government Paperwork Money Penalties, 216 for Export overpayment for a user fee cover sheet Elimination Act (GPEA) (Pub. L. 105– Certificate Program, 79 for Freedom of or invoice. Respondents may also 277, title XVII), was signed into law on Information Act requests, 523 for include firms that withdrew an October 21, 1998. GPEA requires Generic Drug User Fee Amendments, application or submission. Transfer Federal Agencies to allow individuals or 539 for Medical Device User Fee request forms target respondents who entities that deal with the Agencies the Amendments, 266 for Mammography submitted payment for a user fee cover option to submit information or transact inspection fee, 81 for Prescription Drug sheet or invoice and need that payment business with the Agency electronically, User Fee Act, and 1 for a Tobacco to be re-applied to another cover sheet when practicable, and to maintain product fee. or invoice (transfer of funds). Form FDA 3914, User Fee Payment records electronically, when practicable. The electronic user fee payment Transfer Request, is designed to provide Its goal is to encourage Agencies to request forms will streamline the refund the minimum necessary information for incorporate technologically improved and transfer processes, facilitate FDA to review and process a user fee respondent reporting, as this process processing, and improve the tracking of typically lowers the burden on the payment transfer request. The requests. The burden for this collection respondent. GPEA allows FDA to collect information collected includes payment of information is the same for all information relating to a user fee and organization information. The customers (small and large payment refund request and transfer information is used to determine the organizations). The information being request. reason for the transfer, how the transfer requested or required has been held to Form FDA 3913, User Fee Payment should be performed, and who to the absolute minimum required for the Refund Request, is designed to provide contact if there are any questions intended use of the data. Customers will the minimum necessary information for regarding the transfer request. A be able to request a user fee payment FDA to review and process a user fee submission of the User Fee Payment refund and transfer online at http:// payment refund. The information Transfer Request form does not www.fda.gov/forindustry/userfees/ collected includes the organization, guarantee that a transfer will be default.htm. This electronic submission contact, and payment information. The performed. FDA estimates an average of is intended to reduce the burden for information is used to determine the 0.25 hours per response, including the customers to submit a user fee payment reason for the refund, the refund time to review instructions, search refund and transfer request. amount, and who to contact if there are existing data sources, gather and any questions regarding the refund maintain the data needed, and complete In the Federal Register of June 26, request. A submission of the User Fee and review the collection of 2015 (80 FR 36822), FDA published a Payment Refund Request form does not information. FDA estimated hours are 60-day notice requesting public guarantee that a refund will be issued. based on past FDA experience with the comment on the proposed collection of FDA estimates an average of 0.40 hours user fee payment transfer request. information. No comments were per response, including the time to In fiscal year 2014, approximately received. review instructions, search existing data 1,291 user fee payment transfers were FDA estimates the burden of this sources, gather and maintain the data processed for cover sheets and invoices collection of information as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Number of 21 CFR section Number of responses per Total annual Average burden per Total hours respondents respondent responses response
User Fee Payment Refund Request—Form FDA 1,700 1 1,700 0.40 (24 minutes) ...... 680 3913. User Fee Payment Transfer Request—Form FDA 1,700 1 1,700 0.25 (15 minutes) ...... 425 3914.
Total ...... 1105 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
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Dated: September 17, 2015. collection of information, to the complete information is provided for Leslie Kux, Division of Dockets Management (HFA– FDA’s consideration and will facilitate Associate Commissioner for Policy. 305), Food and Drug Administration, FDA’s processing and review. A copy of [FR Doc. 2015–24228 Filed 9–23–15; 8:45 am] 5630 Fishers Lane, Rm. 1061, Rockville, the form is attached as Appendix A to BILLING CODE 4164–01–P MD 20852. All comments should be this guidance. identified with the docket number On June 22, 2009, the President found in brackets in the heading of this signed the Family Smoking Prevention DEPARTMENT OF HEALTH AND document. and Tobacco Control Act (Pub. L. 111– HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: 31) (Tobacco Control Act) into law. The With regard to the draft guidance: Tobacco Control Act amends the Food and Drug Administration Laura Rich or Deirdre Jurand, Center for Federal Food, Drug, and Cosmetic Act [Docket No. FDA–2014–D–1939] Tobacco Products, Food and Drug (the FD&C Act) and grants FDA Administration, 10903 New Hampshire authority to regulate the manufacture, Use of Investigational Tobacco Ave., Silver Spring, MD 20993–0002, 1– marketing, and distribution of tobacco Products; Draft Guidance for Industry 877–287–1373, CTPRegulations@ products to protect public health and Investigators; Availability fda.hhs.gov, [email protected], or generally and to reduce tobacco use by [email protected]. minors. AGENCY: Food and Drug Administration, With regard to the proposed collection To introduce or deliver for HHS. of information: FDA PRA Staff, Office of introduction into interstate commerce a ACTION: Notice. Operations, Food and Drug new tobacco product, there must be in Administration, 8455 Colesville Rd., effect a marketing authorization order SUMMARY: The Food and Drug COLE–14526, Silver Spring, MD 20993– issued by FDA for the tobacco product Administration (FDA) is announcing the 0002, [email protected]. under section 910(c)(1)(A)(i) of the availability of a draft guidance for SUPPLEMENTARY INFORMATION: FD&C Act (21 U.S.C. 387j(c)(1)(A)(i)) industry and investigators entitled ‘‘Use unless, in brief: of Investigational Tobacco Products.’’ I. Background • A substantial equivalence order The draft guidance, when finalized, will under section 910(a)(2)(A)(i) of the describe FDA’s current thinking FDA is announcing the availability of a draft guidance for industry and FD&C Act is in effect for the tobacco regarding the definition of product; ‘‘investigational tobacco product’’ and investigators entitled ‘‘Use of • FDA has granted a request for an will discuss the kind of information Investigational Tobacco Products.’’ This exemption of the tobacco product from FDA intends to consider in making draft guidance, when finalized, will the requirement to obtain a substantial enforcement decisions regarding the use describe FDA’s current thinking equivalence order and the manufacturer of investigational tobacco products until regarding the definition of has made the required submission regulations governing the use of ‘‘investigational tobacco product’’ and under section 905(j)(1)(A)(ii) of the investigational tobacco products become will discuss the kind of information FD&C Act and waited 90 days before effective or FDA provides written notice FDA intends to consider in making introducing its product to the market; or of its intent to change its enforcement enforcement decisions regarding the use • The manufacturer has submitted a policy. of investigational tobacco products until regulations governing the use of substantial equivalence report in DATES: Although you can comment on investigational tobacco products become accordance with section 910(a)(2)(B) of any guidance at any time (see 21 CFR effective or FDA provides written notice the FD&C Act and there is no order 10.115(g)(5)), to ensure that the Agency of its intent to change its enforcement finding that the tobacco product is not considers your comment on this draft policy. It is intended to provide substantially equivalent. guidance before it begins work on the guidance not only to persons who To introduce or deliver for final version of the guidance, submit currently intend to submit study introduction into interstate commerce a either electronic or written comments information to FDA, but to all persons modified risk tobacco product, there on the draft by November 23, 2015. who conduct ‘‘nonclinical laboratory must be in effect an order under section Submit either electronic or written studies,’’ as that term is used in the draft 911(g) of the FD&C Act (21 U.S.C. comments on the proposed collection of guidance, and ‘‘clinical investigations,’’ 387k(g)) and the applicant must satisfy information by November 23, 2015. as that term is used in the draft any applicable premarket review ADDRESSES: Submit written requests for guidance, using investigational tobacco requirements under section 910 of the single copies of the draft guidance to the products. FD&C Act. Center for Tobacco Products, Food and The draft guidance also discusses that Further, a tobacco product must Drug Administration, 10903 New for clinical investigations, a sponsor (as conform in all respects with applicable Hampshire Ave., Silver Spring, MD defined in the guidance) may submit tobacco product standards established 20993. Send one self-addressed information regarding a proposed use of under section 907 of the FD&C Act (21 adhesive label to assist that office in an investigational tobacco product to U.S.C. 387g). processing your request or include a fax FDA for review prior to enrolling Persons intending to file submissions number to which the draft guidance subjects. As discussed in the guidance, with FDA to demonstrate that a tobacco may be sent. See the SUPPLEMENTARY FDA encourages this type of voluntary product meets the criteria for marketing INFORMATION section for electronic submission because it will allow FDA to set forth in section 910 or 911 of the access to the draft guidance document. work with a sponsor to help ensure that FD&C Act, and other researchers seeking Submit electronic comments on the the factors FDA considers in making to study tobacco products, may need to draft guidance, including comments on enforcement decisions are appropriately conduct or sponsor studies involving the proposed collection of information, accounted for. FDA has created a form tobacco products that do not have to http://www.regulations.gov. Submit to assist sponsors in submitting marketing authorization or that do not written comments on the draft guidance, information. While use of the form is comply with an applicable tobacco including comments on the proposed voluntary, it will help ensure that product standard.
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Section 910(g) of the FD&C Act gives of FDA’s functions, including whether sponsors in submitting information. FDA the authority to issue regulations to the information will have practical While use of this form is voluntary, its exempt tobacco products intended for utility; (2) the accuracy of FDA’s use will likely reduce the burden hours investigational use from the provisions estimate of the burden of the proposed and will help ensure that sponsors of chapter IX of the FD&C Act, including collection of information, including the provide complete information for FDA’s premarket submission requirements. validity of the methodology and consideration, processing, and review. FDA intends to propose regulations assumptions used; (3) ways to enhance Furthermore, to ensure that studies establishing conditions for exempting the quality, utility, and clarity of the are conducted in a manner that protects investigational tobacco products from information to be collected; and (4) human subjects, the draft guidance certain FD&C Act requirements. Until ways to minimize the burden of the contains recommendations as to how then, investigational tobacco products collection of information on sponsors should put procedures in place are not exempt from applicable FD&C respondents, including through the use to keep FDA and the committee or Act requirements, including premarket of automated collection techniques, group formally designated to oversee submission requirements and tobacco when appropriate, and other forms of research involving human subjects product standards. This draft guidance information technology. informed about any changes relating to discusses the factors FDA intends to the conduct of, and issues that arise consider in making enforcement Use of Investigational Tobacco Products during, the study. In the draft guidance, decisions regarding the use of (OMB Control Number 0910—NEW) FDA further recommends that sponsors, investigational tobacco products in both FDA is announcing the availability of CROs, sponsor-investigators, and nonclinical laboratory studies and the draft guidance entitled ‘‘Use of clinical investigators maintain clinical investigations until regulations Investigational Tobacco Products.’’ This documentation to permit evaluation of become effective or FDA provides guidance, when finalized, will describe the conduct of a clinical investigation, written notice of its intent to change its FDA’s current thinking regarding the including assessing the quality and enforcement policy. definition of ‘‘investigational tobacco integrity of the study data and This draft guidance is being issued product’’ and discuss the kind of protection of human subjects. consistent with FDA’s good guidance information FDA intends to consider in In the draft guidance, FDA also practices regulation (21 CFR 10.115). making enforcement decisions regarding recommends that sponsors consult with The draft guidance, when finalized, will the use of investigational tobacco the Agency, clinical investigators, and represent the Agency’s current thinking products until regulations become any committee or group formally on ‘‘Use of Investigational Tobacco effective or FDA provides written notice designated to oversee research involving Products.’’ It does not create or confer of its intent to change its enforcement human subjects when certain events any rights for or on any person and does policy. When finalized, it is intended to occur during the conduct of a clinical not operate to bind FDA or the public. provide guidance, not only to persons investigation, including adverse An alternative approach may be used if who currently intend to submit study experiences. In addition, FDA such approach satisfies the information to FDA, but to all persons recommends that sponsors notify FDA if requirements of the applicable statute who conduct nonclinical laboratory they choose to terminate a study (or and regulations. studies and clinical investigations using withdraw or inactivate a protocol or investigational tobacco products. Such want to withdraw all studies of a II. Paperwork Reduction Act of 1995 persons may include sponsors, product) before completion and in the Under the Paperwork Reduction Act investigators, sponsor-investigators, notification include certain information. of 1995 (PRA) (44 U.S.C. 3501–3520), contract research organizations (CROs),1 Moreover, in the draft guidance, FDA Federal Agencies must obtain approval and committees or groups formally recommends that under certain from the Office of Management and designated to oversee research involving circumstances, sponsors also should Budget (OMB) for each collection of human subjects (e.g., institutional inform any clinical investigators who information they conduct or sponsor. review boards (IRBs)) involved in participated in the discontinued ‘‘Collection of information’’ is defined investigations using investigational investigation of the reason(s) for in 44 U.S.C. 3502(3) and 5 CFR tobacco products. discontinuing the clinical investigation. 1320.3(c) and includes Agency requests We have identified the following FDA also makes recommendations or requirements that members of the recommendations in the draft guidance related to nonclinical laboratory studies public submit reports, keep records, or as collections of information. and clinical investigations of using provide information to a third party. In the draft guidance, FDA provides investigational tobacco products Section 3506(c)(2)(A) of the PRA (44 examples of information that may help conducted outside of the United States U.S.C. 3506(c)(2)(A)) requires Federal FDA to evaluate specific proposed uses (U.S.), but intended for submission to Agencies to provide a 60-day notice in of investigational tobacco products, and FDA, and refers to section 801(e) of the the Federal Register concerning each encourages persons who intend to study FD&C Act with respect to exported proposed collection of information investigational tobacco products to meet tobacco products intended for before submitting the collection to OMB with FDA to discuss certain topics in investigational use. The guidance also for approval. To comply with this connection with nonclinical laboratory recommends that sponsors should requirement, FDA is publishing notice studies and clinical investigations. prepare and maintain certain records of the proposed collection of For clinical investigations, FDA and reports, for studies conducted information set forth in this document. encourages sponsors to submit outside of the U.S. but intended for With respect to the following information regarding a proposed use of submission to FDA to permit FDA to collection of information, FDA invites an investigational tobacco product to evaluate the conduct of a clinical comments on these topics: (1) Whether FDA for review prior to enrolling investigation, including assessing the the proposed collection of information subjects in the planned investigation. quality and integrity of the study data is necessary for the proper performance FDA has created a form to assist and protection of human subjects.
1 The term ‘‘contract research organization’’ that assumes, as an independent contractor with the sponsor, one or more of the obligations of the (CRO) as used in this draft guidance means a person sponsor (e.g., design of a protocol).
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FDA estimates the burden of this collection of information as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN
Capital and Number of Number of Total annual Average burden per operating and Activity/FDA form 3934 respondents responses per responses response Total hours maintenance respondent costs
Initial Submission ...... 30 1 30 40 ...... 1,200 ...... Protocol Submission ...... 10 1 10 20 ...... 200 ...... Protocol Amendments ...... 5 1 5 0.50 (30 minutes) ...... 2.5 ...... Information Amendments ...... 4 1 4 15 ...... 60 ...... Administrative Amendments ...... 1 1 .5 1 .5 0.50 (30 minutes) ...... 0.75 ...... Other Information ...... 3 1 3 0.50 (30 minutes) ...... 1.5 ...... Serious or Unexpected Adverse 4 3 12 2...... 24 ...... Experience Reports. First year, electronic set-up safety 4 1 4 0.33 (20 minutes) ...... 1 .3 ...... reporting portal. First year, Electronic Gateway 30 1 30 42 1 ...... 1,260 37,800 setup and verification certificate (One time burden). Electronic Gateway Submission 30 1 30 3...... 90 2,700 (recurring).
Total Reporting Burden ...... 2,840 40,500 Hours. 1 Respondent may already have a valid WebTrader account established for other FDA electronic submissions.
Table 1 describes the annual reporting FDA estimates that it could take may be minimized if the respondent burden as a result of respondents respondents 30 minutes to prepare already has an established account in submitting information regarding the protocol amendments and that about 5 WebTrader for other electronic use of investigational tobacco products respondents submitting study submissions to FDA, but FDA is in certain clinical investigations. FDA information will submit protocol assuming that all respondents for these estimates that 30 respondents will amendments. products will be setting up a WebTrader submit study information to FDA FDA estimates that respondents will account for the first time in the first annually. FDA estimates that it will take infrequently need to report year. In subsequent years, the burden each respondent approximately 40 administrative amendments. The total hours are estimated at 1 hour to renew hours to prepare the study information number of respondents of this type of the yearly required Verification necessary for FDA to issue a response to information is estimated to be 1. FDA Certification. the proposed use of an investigational estimates that this submission is FDA further estimates that the tobacco product in these clinical estimated to take 30 minutes per gathering, scanning, and submission of investigations. FDA’s estimate includes respondent. information and related correspondence the anticipated burden for completing FDA estimates that approximately 3 would take approximately 2 hours the form for the initial submission, respondents will report other types of utilizing the eSubmitter system. submissions. This submission is which will include the initial protocol, Therefore, the first year will include time for intra-company edits and estimated to take 30 minutes per response. 40 hours for the WebTrader system plus approvals, as well as the burden for 2 hours for the eSubmitter submission assembling additional information, as FDA estimates that 4 respondents will report serious or unexpected adverse process, resulting in 42 hours per described in the draft guidance. experiences. This submission will take response for the first year. For The initial submission should include an average of 2 hours per respondent. subsequent years, it is estimated that an initial study protocol, which should FDA estimates that setting up an only 1 hour will be necessary for the in turn include certain information and account in safety reporting portal for WebTrader system plus the 2 hours for call for recordkeeping or other steps that submission of serious or unexpected the eSubmitter submission process, may involve the submission of experiences will take 20 minutes per resulting in 3 hours per response each information to others. In addition, response. year thereafter. sponsors may wish to provide protocol As referenced in the guidance, FDA Additionally, there are capital and amendments to reflect certain changes allows for three ways of submission but operating or maintenance costs to a protocol. FDA estimates that 10 strongly encourages the use of electronic associated with this information respondents will submit a new protocol. format for submission. The submitter collection. The costs are $30 per year to The estimated time for submitting a new should first set up an account with establish and maintain the ESG protocol is 20 hours per response. Only WebTrader to go through the Electronic verification certificate. The total cost 4 respondents are estimated to submit Submissions Gateway (ESG). FDA may be lower if the respondents already information amendments. Since this estimates from past experience with the have a verification certificate for that may take a little less than half the time ESG system, WebTrader, that the first year for other electronic submissions to of an initial submission, FDA estimates year to set up the account and to receive FDA. However, for purposes of this information amendments taking around the verification certificate takes estimate, FDA is assuming that all 15 hours. approximately 40 hours. This burden respondents for these products will be
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incurring this cost. The total costs are be 2,840 hours. These burden estimates received from recent FDA information estimated to be $40,500. were computed using FDA staff collections for other tobacco-related The total reporting burden for this expertise and by reviewing comments initiatives. collection of information is estimated to
TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
Number of Average Activity records maintained Number of records per Total annual burden per Total hours recordkeepers recordkeeper records recordkeeping
Records by Sponsors ...... 50 1 50 10 500 Records By Sponsor-Investigators ...... 20 1 20 20 400 Records by Investigators and CROs ...... 50 1 50 15 750
Total Recordkeeping Burden Hours ...... 1,650 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
Table 2 describes the annual that there will generally be one that it will take each sponsor- recordkeeping burden of maintaining investigator per investigation. FDA investigator approximately 20 hours records relating to the investigational anticipates there will be a total of 120 annually to maintain these records. FDA use of tobacco products. FDA sponsors, sponsor-investigators, estimates that it will take each of these anticipates that 50 sponsors will investigators, and CROs who will investigators and CROs approximately maintain records relating to the use of maintain records relating to the use of 15 hours annually to maintain these investigational tobacco products in investigational tobacco products in records. The total reporting burden for clinical investigations. FDA estimates clinical investigations. FDA estimates recordkeeping is estimated to be 1,650 that it will take each of them that it will take each sponsor hours (500 hours for sponsors + 400 approximately 10 hours annually to approximately 10 hours annually to hours for sponsor-investigators + 750 for maintain these records. FDA anticipates maintain these records. FDA estimates investigators and CROs.)
TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
Number of Number of disclosures Total annual Average burden per Activity respondents per respond- disclosures disclosure Total hours ent
Disclosures to Investigators ...... 30 1 30 1 ...... 30 Disclosures to any Committee or Group ...... 30 1 30 0.17 (10 minutes) ...... 5 Disclosure to Study Subjects ...... 30 2 60 0.50 (30 minutes) ...... 30
Total ...... 65 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
Table 3 describes the annual third plans. Additional information about III. Request for Comments party disclosure burden. how to request meetings with FDA’s A. General Information About FDA estimates that disclosing Center for Tobacco Products can be Submitting Comments information to investigators will take 1 found in FDA’s guidance: ‘‘Meetings hour per disclosure. FDA estimates that with Industry and Investigators on the Interested persons may submit either disclosing information to any committee Research and Development of Tobacco electronic comments regarding this or group formally designated to oversee Products.’’ The collections of document to http://www.regulations.gov research involving human subjects will information in the guidance referenced or written comments to the Division of average 10 minutes per disclosure. have been approved under OMB control Dockets Management (see ADDRESSES). It The guidance also references number 0910–0731. The collections of is only necessary to send one set of examples of disclosing information to information in section 801(e) of the comments. Identify comments with the study subjects such as informed docket number found in brackets in the FD&C Act and 21 CFR 1.101(b) have consent. On average, two disclosures heading of this document. been approved under OMB control per respondent will be provided to B. Public Availability of Comments study subjects. FDA estimates this will number 0910–0482; the collections of take 30 minutes per disclosure. information for the Safety Reporting Received comments may be seen in The total burden for the collection of Portal have been approved under OMB the Division of Dockets Management information under this draft guidance is control number 0910–0645; the between 9 a.m. and 4 p.m., Monday estimated to be 4,455 hours. collections of information in section through Friday, and will be posted to This draft guidance also refers to 905(j) of the FD&C Act have been the docket at http:// previously approved collections of approved under OMB control number www.regulations.gov. As a matter of information. The draft guidance 0910–0673. Agency practice, FDA generally does includes a recommendation that persons not post comments submitted by who intend to study tobacco products individuals in their individual capacity meet with FDA to discuss research on http://www.regulations.gov. This is
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determined by information indicating ACTION: Notice. would benefit from harmonization, that the submission is written by an consistency, clarity, simplification and/ individual, for example, the comment is SUMMARY: Pursuant to Section 10(a) of or coordination. the Federal Advisory Committee Act, 5 identified with the category ‘‘Individual The meeting will adjourn at 4:30 p.m. U.S.C. App 2, notice is hereby given that Consumer’’ under the field titled October 22, 2015. Time for public the Secretary’s Advisory Committee on ‘‘Category (Required),’’ on the ‘‘Your comment sessions will be allotted both Human Research Protections (SACHRP) Information’’ page on days. www.regulations.gov. For this docket, will hold a meeting that will be open to Public attendance at the meeting is however, FDA will not be following this the public. Information about SACHRP limited to space available. Individuals general practice. Instead, FDA will post and the full meeting agenda will be who plan to attend and need special on http://www.regulations.gov posted on the SACHRP Web site at: assistance, such as sign language comments to this docket that have been http://www.dhhs.gov/ohrp/sachrp/ submitted by individuals in their mtgings/index.html. interpretation or other reasonable accommodations, should notify one of individual capacity. If you wish to DATES: The meeting will be held on submit any information under a claim of Wednesday, October 21, 2015, from 8:30 the designated SACHRP points of confidentiality, please refer to 21 CFR a.m. until 5:00 p.m. and Thursday, contact at the address/phone number 10.20. October 22, 2015, from 8:30 a.m. until listed above at least one week prior to 4:30 p.m. the meeting. Pre-registration is required C. Information Identifying the Person for participation in the on-site public ADDRESSES: Submitting the Comment Fishers Lane Conference comment session; individuals may pre- Center, Terrace Level, 5635 Fishers register the day of the meeting. Please note that your name, contact Lane, Rockville, Maryland 20852. information, and other information Individuals who would like to submit FOR FURTHER INFORMATION CONTACT: Jerry identifying you will be posted on http:// written statements should email or fax Menikoff, M.D., J.D., Director, Office for www.regulations.gov if you include that their comments to SACHRP at Human Research Protections (OHRP), or information in the body of your [email protected] at least five business Julia Gorey, J.D., Executive Director, comments. For electronic comments days prior to the meeting. SACHRP; U.S. Department of Health submitted to http:// and Human Services, 1101 Wootton Dated: September 18, 2015. www.regulations.gov, FDA will post the Parkway, Suite 200, Rockville, Jerry Menikoff, body of your comment on http:// Maryland 20852; telephone: 240–453– Executive Secretary, Secretary’s Advisory www.regulations.gov along with your 8141; fax: 240–453–6909; email address: Committee on Human Research Protections, state/province and country (if [email protected]. Director, Office for Human Research provided), the name of your Protections. SUPPLEMENTARY INFORMATION: Under the representative (if any), and the category [FR Doc. 2015–24264 Filed 9–23–15; 8:45 am] authority of 42 U.S.C. 217a, Section 222 identifying you (e.g., individual, BILLING CODE 4150–36–P consumer, academic, industry). For of the Public Health Service Act, as written submissions submitted to the amended, SACHRP was established to Division of Dockets Management, FDA provide expert advice and DEPARTMENT OF HEALTH AND will post the body of your comments on recommendations to the Secretary of HUMAN SERVICES http://www.regulations.gov, but you can Health and Human Services, through put your name and/or contact the Assistant Secretary for Health, on Substance Abuse and Mental Health information on a separate cover sheet issues and topics pertaining to or Services Administration and not in the body of your comments. associated with the protection of human research subjects. Agency Information Collection IV. Electronic Access The meeting will open to the public Activities: Submission for OMB Persons with access to the Internet at 8:30 a.m., on Wednesday, October 21, Review; Comment Request may obtain an electronic version of this followed by opening remarks from Dr. guidance document at http:// Jerry Menikoff, Executive Secretary of Periodically, the Substance Abuse and www.fda.gov/TobaccoProducts/ SACHRP and OHRP Director, and Dr. Mental Health Services Administration Labeling/RulesRegulationsGuidance/ Jeffrey Botkin, SACHRP Chair. The (SAMHSA) will publish a summary of ucm281147.htm or http:// Committee will hear the Subpart A information collection requests under www.regulations.gov. Subcommittee (SAS) and Subcommittee OMB review, in compliance with the on Harmonization (SOH) reports on the Paperwork Reduction Act (44 U.S.C. Dated: September 16, 2015. recent Notice of Proposed Rulemaking Chapter 35). To request a copy of these Leslie Kux, (NPRM) titled Federal Policy for the documents, call the SAMHSA Reports Associate Commissioner for Policy. Protection of Human Subjects (80 FR Clearance Officer on (240) 276–1243. [FR Doc. 2015–24218 Filed 9–23–15; 8:45 am] 53933, Sep. 8, 2015). Both days will be Project: Hospital Data Abstraction BILLING CODE 4164–01–P devoted to the discussion of the NPRM. Form, Formerly Entitled Evaluation of SAS was established by SACHRP in Emergency Department Crisis Center October 2006 and is charged with DEPARTMENT OF HEALTH AND Follow-Up—(OMB No. 0930–0337)— developing recommendations for Revision HUMAN SERVICES consideration by SACHRP regarding the Meeting of the Secretary’s Advisory application of subpart A of 45 CFR part The Substance Abuse and Mental Committee on Human Research 46 in the current research environment. Health Services Administration’s Protections SOH was established by SACHRP at (SAMHSA), Center for Mental Health its July 2009 meeting and charged with Services (CMHS) will conduct an AGENCY: Office of the Assistant identifying and prioritizing areas in evaluation to assess the impact of crisis Secretary for Health, Office of the which regulations and/or guidelines for center follow-up with patients admitted Secretary, Department of Health and human subjects research adopted by to emergency departments following a Human Services. various agencies or offices within HHS suicide attempt.
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The overarching purpose of the and direct crisis center follow-up admission to the emergency department Hospital Data Abstraction Form, lifesaving initiatives. The data for suicide attempt) records. Records to formerly entitled Evaluation of collection activity is described below. be reviewed will include emergency Emergency Department Crisis Center Hospitals collaborating with two department or inpatient behavioral Follow-up, is to examine the impact of cohorts (cohorts IV and V) of Lifeline health unit admissions for the two years crisis center follow-up with patients crisis centers will participate in this prior to crisis center and hospital admitted to emergency departments or expanded initiative. Fifteen hospitals collaboration and for two years inpatient behavioral health units per cohort will participate for a total of following collaboration. It is expected following a suicide attempt or serious 30. Patient data will be collected for that a total of 30,000 records will be suicidal ideation on subsequent patients admitted for a suicide attempt abstracted by hospital staff and readmissions for suicidal behavior. This in the two years prior to collaboration provided to the evaluation team. effort assesses the capacity of follow-up between the hospital and crisis center This revision involves an increase in to save both lives and critical hospital and for patients admitted for a suicide the number of participating hospital resources. This evaluation effort attempt for the two-year period after includes one data collection activity. collaboration. respondents and burden associated with Clearance is being requested for the The Hospital Data Abstraction Form the continuation/expansion of the continuation and expansion of the will be utilized to collect systematic already-approved Hospital Data already-approved abstraction form of patient data for patients seen in the 30 Abstraction Form (OMB No. 0930–0337; hospital data on patients admitted to participating hospitals’ emergency Expiration 09/30/2016), as well as the emergency departments or inpatient departments or inpatient behavioral discontinuation of data collection and behavioral health units following a health units. Information to be burden associated with the Crisis Center suicide attempt or serious ideation. This abstracted from patient data include: Data Abstraction Form. effort will continue to examine the Demographic data, historical data, and The estimated response burden to impact of crisis center follow-up on subsequent suicidal behavioral and collect this information is as follows readmissions for suicidal behavior. The admission data. Data will be de- annualized over the requested three- data collected through this project will identified. Hospital staff will review year clearance period is presented ultimately help SAMHSA to understand patient data for qualifying (i.e., below:
TOTAL AND ANNUALIZED AVERAGES: RESPONDENTS, RESPONSES, AND HOURS
Responses Instrument Number of per Total number Burden per Annual bur- respondents respondent * of responses response den *
Hospital Data Abstraction Form ...... 30 334 10,020 .04 401 * Rounded to the nearest whole number
Written comments and DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: recommendations concerning the SECURITY Approved Gauger and Accredited proposed information collection should Laboratories Manager, Laboratories and be sent by October 26, 2015 to the U.S. Customs and Border Protection Scientific Services Directorate, U.S. SAMHSA Desk Officer at the Office of Customs and Border Protection, 1300 Accreditation and Approval of Amspec Information and Regulatory Affairs, Pennsylvania Avenue NW., Suite Services, LLC, as a Commercial 1500N, Washington, DC 20229, tel. 202– Office of Management and Budget Gauger and Laboratory (OMB). To ensure timely receipt of 344–1060. comments, and to avoid potential delays AGENCY: U.S. Customs and Border SUPPLEMENTARY INFORMATION: Notice is in OMB’s receipt and processing of mail Protection, Department of Homeland hereby given pursuant to 19 CFR 151.12 sent through the U.S. Postal Service, Security. and 19 CFR 151.13, that AmSpec commenters are encouraged to submit ACTION: Notice of accreditation and Services, LLC, 100 Wheeler St., Unit G, New Haven, CT 06512, has been their comments to OMB via email to: approval of AmSpec Services, LLC, as a approved to gauge petroleum and [email protected]. commercial gauger and laboratory. certain petroleum products and Although commenters are encouraged to SUMMARY: Notice is hereby given, accredited to test petroleum and certain send their comments via email, pursuant to CBP regulations, that petroleum products for customs commenters may also fax their AmSpec Services, LLC, has been purposes, in accordance with the comments to: 202–395–7285. approved to gauge petroleum and provisions of 19 CFR 151.12 and 19 CFR Commenters may also mail them to: certain petroleum products and 151.13. AmSpec Services, LLC is Office of Management and Budget, accredited to test petroleum and certain approved for the following gauging Office of Information and Regulatory petroleum products for customs procedures for petroleum and certain Affairs, New Executive Office Building, purposes for the next three years as of petroleum products from the American Room 10102, Washington, DC 20503. April 29, 2015. Petroleum Institute (API): Summer King, DATES: Effective Dates: The accreditation and approval of AmSpec API chapters Title Statistician. Services, LLC, as commercial gauger [FR Doc. 2015–24290 Filed 9–23–15; 8:45 am] 1 ...... Vocabulary. and laboratory became effective on 3 ...... Tank Gauging. BILLING CODE 4162–20–P April 29, 2015. The next triennial 7 ...... Temperature Determination. inspection date will be scheduled for 8 ...... Sampling. April 2018. 12 ...... Calculations.
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API chapters Title AmSpec Services, LLC is accredited by the U.S. Customs and Border for the following laboratory analysis Protection Laboratory Methods (CBPL) 17 ...... Maritime Measurement. procedures and methods for petroleum and American Society for Testing and and certain petroleum products set forth Materials (ASTM):
CBPL No. ASTM Title
27–01 ...... D287 Standard Test Method for API Gravity of crude Petroleum and Petroleum Products. 27–02 ...... D1298 Standard Practice for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liq- uid Petroleum Products by Hydrometer Meter. 27–04 ...... D95 Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation. 27–05 ...... D4928 Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration. 27–06 ...... D473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27–08 ...... D86 Standard Test Method for Distillation of Petroleum Products. 27–11 ...... D445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids. 27–13 ...... D4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Fluores- cence Spectrometry 27–20 ...... D4057 Standard Practice for Manual Sampling of Petroleum and Petroleum Products. 27–48 ...... D4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27–50 ...... D93 Standard Test Methods for Flash-Point by Pensky-Martens Closed Cup Tester. 27–53 ...... D2709 Standard Test Method for Water and Sediment in Middle Distillate Fuels by Centrifuge. 27–54 ...... D1796 Standard Test Method for Water and Sediment in Fuel Oils by the Centrifuge Method. 27–58 ...... D5191 Standard Test Method For Vapor Pressure of Petroleum Products. Pending ...... D97 Standard Test Method for Pour Point of Petroleum Products. Pending ...... D2500 Standard Test Method for Cloud Point of Petroleum Products.
Anyone wishing to employ this entity SUMMARY: This document provides Therefore, the country of origin of the to conduct laboratory analyses and notice that U.S. Customs and Border analytical-grade acetonitrile is the gauger services should request and Protection (‘‘CBP’’) has issued a final country of origin of the crude receive written assurances from the determination concerning the country of acetonitrile for purposes of U.S. entity that it is accredited or approved origin of certain analytical-grade Government procurement. by the U.S. Customs and Border acetonitrile. Based upon the facts Section 177.29, CBP Regulations (19 Protection to conduct the specific test or presented, CBP has concluded that the CFR 177.29), provides that a notice of gauger service requested. Alternatively, country of origin of the analytical-grade final determination shall be published inquiries regarding the specific test or acetonitrile is the country of origin of in the Federal Register within 60 days gauger service this entity is accredited the crude acetonitrile for purposes of of the date the final determination is or approved to perform may be directed U.S. Government procurement. issued. Section 177.30, CBP Regulations to the U.S. Customs and Border DATES: The final determination was (19 CFR 177.30), provides that any Protection by calling (202) 344–1060. issued on September 18, 2015. A copy party-at-interest, as defined in 19 CFR The inquiry may also be sent to of the final determination is attached. 177.22(d), may seek judicial review of a [email protected]. Please Any party-at-interest, as defined in 19 final determination within 30 days of reference the Web site listed below for CFR 177.22(d), may seek judicial review publication of such determination in the a complete listing of CBP approved of this final determination within Federal Register. gaugers and accredited laboratories. October 26, 2015. Dated: September 18, 2015. http://www.cbp.gov/about/labs- FOR FURTHER INFORMATION CONTACT: Ross Harold Singer, scientific/commercial-gaugers-and- Cunningham, Valuation and Special Acting Executive Director, Regulations and laboratories Programs Branch, Regulations and Rulings, Office of International Trade. Rulings, Office of International Trade HQ H265712 Dated: September 10, 2015. (202) 325–0034. September 18, 2015 Ira S. Reese, SUPPLEMENTARY INFORMATION: Notice is Executive Director, Laboratories and OT:RR:CTF:VS H265712 RMC hereby given that on September 18, CATEGORY: Country of Origin Scientific Services Directorate. 2015 pursuant to subpart B of Part 177, [FR Doc. 2015–24229 Filed 9–23–15; 8:45 am] U.S. Customs and Border Protection David R. Stepp BILLING CODE 9111–14–P Regulations (19 CFR part 177, subpart Bryan Cave LLP B), CBP issued a final determination 120 Broadway, Suite 300, Santa Monica, concerning the country of origin of CA 90401–2386 DEPARTMENT OF HOMELAND certain analytical-grade acetonitrile, Re: U.S. Government Procurement; SECURITY which may be offered to the U.S. Country of Origin of Acetonitrile; Government under an undesignated Substantial Transformation U.S. Customs and Border Protection government procurement contract. This Dear Mr. Stepp: This is in response to Notice of Issuance of Final final determination, HQ H265712, was your letter dated April 1, 2015, Determination Concerning Certain issued under procedures set forth at 19 requesting a country-of-origin Analytical-Grade Acetonitrile CFR part 177, subpart B, which determination on behalf of the Sigma- implements Title III of the Trade Aldrich Corporation (‘‘Sigma-Aldrich’’). AGENCY: U.S. Customs and Border Agreements Act of 1979, as amended You state that Sigma-Aldrich wishes to Protection, Department of Homeland (19 U.S.C. 2511–18). In the final sell ‘‘analytical-grade acetonitrile’’ to Security. determination, CBP concluded that the the U.S. Government and thus seeks a processing in the United States does not determination that the country of origin ACTION: Notice of final determination. result in a substantial transformation. of its product will be the United States.
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We note that Sigma-Aldrich is a party- take about four days for a ‘‘typical crude substance does not generally at-interest within the meaning of 19 CFR batch’’ of 20,000 liters. Scientists, all of effect a substantial transformation that 177.22(d)(1) and is entitled to request whom possess at least a Bachelor of results in a different article of commerce this final determination. A meeting was Science degree, perform or oversee the with a new name, character, or use’’. held by teleconference on August 15, production process which uses a Headquarters Ruling Letter (‘‘HQ’’) 2015. specialized unit and precision testing H113256, dated December 27, 2010. For equipment. example, CBP has held that refining FACTS: linseed oil, in H554664, dated October ISSUE: Analytical-grade acetonitrile is a 29, 1987, and Octamine (an aviation purified chemical that Sigma-Aldrich Whether the purification process lubricant), in HQ 556143, dated March plans to manufacture in the United described above will ‘‘substantially 2, 1992, did not result in an article with States from crude, commercial-grade transform’’ the product such that the a new name, use, or character. acetonitrile imported from China and country of origin of the finished You argue that the acetonitrile other countries. You state that analytical-grade acetonitrile will be the purification processes will result in a commercial-grade acetonitrile is most United States for U.S. Government substantial transformation because the useful as an industrial-grade solvent. procurement purposes. finished product will have a new name, Because it is produced as a byproduct LAW AND ANALYSIS: character, and use. Although a change of other industrial processes, you state in a product’s name is the weakest that it contains a relatively low level of Pursuant to Subpart B of Part 177, 19 evidence of a substantial transformation, ‘‘pure acetonitrile.’’ You state that CFR 177.21 et seq., which implements as noted in Uniroyal, Inc. v. United commercial-grade acetonitrile ‘‘can be Title III of the Trade Agreements Act of States, 3 CIT 220 (1982), aff’d 702 F.2d less than 95%’’ and that it contains 1979, as amended (19 U.S.C. 2511 et 1022 (Fed. Cir. 1983), you point that contaminants such as water. seq.), CBP issues country-of-origin ‘‘[t]he imported product is referred to as As its name suggests, purified advisory rulings and final ‘crude’ or ‘commercial grade,’ whereas analytical-grade acetonitrile contains determinations as to whether an article the processed product is referred to as fewer contaminants and may be up to is a product of a designated country for ‘purified’ and ‘analytical grade.’’’ In 99.5% pure. In its purified, analytical the purpose of granting waivers of both cases, however, the name of the grades, acetonitrile is suitable for use in certain ‘‘Buy American’’ restrictions on product remains acetonitrile. The chemical testing instruments such as U.S. Government procurement. adjectives ‘‘crude,’’ ‘‘commercial grade,’’ Liquid Chromatography-Mass In rendering final determinations for ‘‘purified,’’ and ‘‘analytical’’ qualify the Spectrometry and Ultra-Performance purposes of U.S. Government noun ‘‘acetonitrile.’’ As we have Liquid Chromatography. These procurement, CBP applies the previously noted, the addition of an instruments are used for analyzing provisions of Subpart B of Part 177 adjective in front of a product name is chemicals for pharmaceutical drug consistent with the Federal Procurement generally not persuasive. See HQ development and production, food Regulations. See 19 CFR 177.21. In this 731731, dated February 23, 1989. We safety, medical clinical testing, and regard, CBP recognizes that the Federal therefore find that the purification environmental testing. You state that Acquisition Regulations restrict the U.S. process does not result in an article with commercial-grade acetonitrile is Government’s purchase of products to a new name. unsuitable for these applications U.S.-made or designated country end You also argue that the processed because its impurities would cause false products for acquisitions subject to the acetonitrile has a new character readings and damage the testing Trade Agreements Act. See 48 CFR compared to the crude acetonitrile. You equipment. 25.403(c)(1). The Federal Acquisition state that the imported crude Sigma-Aldrich produces several Regulations define ‘‘U.S.-made end acetonitrile has the character of an analytical grades of purified acetonitrile, product’’ as ‘‘an article that is mined, industrial manufacturing byproduct, including CHROMASOLV® Plus for produced, or manufactured in the whereas the purified product has the HPLC; MC–MS CHROMASOLV®; LC– United States or that is substantially character of a laboratory reagent. CBP’s MS Ultra CHROMASOLV®, tested for transformed in the United States into a examination of character, however, UHPLC–MS; and CHROMASOLV® Plus, new and different article of commerce focuses on the chemical and physical for HPLC. Sigma-Aldrich will purify the with name, character, or use distinct properties of the product itself. See HQ imported commercial-grade acetonitrile from that of the article or articles from 571975, dated April 3, 2002. CBP’s using the following processes. The steps which it was transformed.’’ See 48 C.F.R Laboratories and Scientific Services are set forth in general terms in § 25.003. Directorate informed us that no accordance with your request to exclude You argue that the imported chemical reactions or physical changes confidential information: commercial-grade acetonitrile will be occur in Sigma-Aldrich’s processing. 1. Freezing the crude product; substantially transformed when Sigma- Instead, the processing only removes 2. Extracting the pure acetonitrile Aldrich purifies it into analytical-grade impurities in the acetonitrile. We from the frozen mass; acetonitrile. Therefore, in your view, the therefore find that the purification 3. Analyzing the purified acetonitrile finished product will be eligible for U.S. process does not result in an article with output product and the correct purity Government procurement because its a different character. level for the grade being produced; country of origin will be the United While the finished product will not 4. Packaging the purified acetonitrile, States. have a different name or character, it which requires: A substantial transformation occurs will have a different use. The imported a. Special glass bottles when an article is used in a crude product can be used as a solvent b. Rinsing the bottles manufacturing process that results in a for industrial processes but not in c. Filling the bottles new article that has a new name, precision testing applications because You state that the process is lengthy character or use different from that of impurities can damage the testing and requires sophisticated, expensive the original imported article. In equipment or produce measurement equipment and highly educated previous rulings, ‘‘CBP has consistently errors. Although the finished product personnel. The steps described above held that refining or purification of a could also be used as a solvent, you
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state that this is unlikely because it not generally effect a substantial SUMMARY: Notice is hereby given, would be ‘‘cost prohibitive.’’ Therefore, transformation. You attempt to pursuant to CBP regulations, that you state that its likely use is confined distinguish one of these cases, H566143, Saybolt LP has been approved to gauge to analytical testing. dated March 2, 1992, by pointing out petroleum and certain petroleum In support of your argument that a that there was no substantial products and accredited to test substantial transformation will take transformation because ‘‘both the petroleum and certain petroleum place when the crude acetonitrile is precursor and purified substances had products for customs purposes for the purified into analytical-grade the same essential character as aviation next three years as of May 20, 2015. acetonitrile, you analogize to rulings HQ lubricants of merely different grades and 563301, dated August 26, 2005 and HQ were therefore not different articles of DATES: Effective Dates: The 731731, dated February 23, 1989. In HQ commerce, and both substances had the accreditation and approval of Saybolt 731731, we found that a substantial same chemical structures.’’ Yet here too LP as commercial gauger and laboratory transformation occurred when raw the crude and purified acetonitrile will became effective on May 20, 2015. The powdered vancomycin hydrochloride have the same essential character as next triennial inspection date will be was processed into a finished antibiotic acetonitrile and you have provided no scheduled for May 2018. drug capable of intravenous use. As evidence that the substances will have FOR FURTHER INFORMATION CONTACT: imported, the raw chemical was unfit a different chemical structure. for medical use. Applying the three Therefore, we are ‘‘bound to follow the Approved Gauger and Accredited substantial transformation factors, we well-settled principle of Customs law Laboratories Manager, Laboratories and found that the name changed to that the mere refining of a chemical Scientific Services Directorate, U.S. ‘‘sterile’’ vancomycin hydrochloride, the does not result in a substantial Customs and Border Protection, 1300 use changed to an injectable antibiotic, transformation of the imported Pennsylvania Avenue NW., Suite and the character changed to a purified chemicals into a new and different 1500N, Washington, DC 20229, tel. 202– solution of uniform potency levels. article of commerce with a new name, 344–1060. Accordingly, we found that the character, and use.’’ HQ 556143, dated SUPPLEMENTARY INFORMATION: Notice is chemical was substantially transformed. March 2, 1992. hereby given pursuant to 19 CFR 151.12 Similarly, in HQ 563301 we found that HOLDING: and 19 CFR 151.13, that Saybolt LP, 220 a substantial transformation occurred Texas Ave., Texas City, TX 77590, has when bulk parathormone was processed The purification process described been approved to gauge petroleum and into finished parathormone cartridges. above will not substantially transform certain petroleum products and We held that the ‘‘extensive processing the acetonitrile, and the country of accredited to test petroleum and certain transforms the raw parathormone from origin of the finished analytical-grade an unstable, non-sterile, frozen material acetonitrile will not be the United States petroleum products for customs unsuitable for human use into a for U.S. Government procurement purposes, in accordance with the pharmaceutical agent ready for human purposes. provisions of 19 CFR 151.12 and 19 CFR 151.13. Saybolt LP is approved for the use.’’ Sincerely, following gauging procedures for A common theme in HQ 563301 and Harold Singer, HQ 731731 is the production of a petroleum and certain petroleum Acting Executive Director, Regulations & products from the American Petroleum medicine from chemicals that were Rulings, Office of International Trade. Institute (API): previously unfit for human [FR Doc. 2015–24288 Filed 9–23–15; 8:45 am] consumption. In both cases, we found BILLING CODE P that—along with the required change in API Chapters Title name and character—this conversion from raw chemicals to medication 3 ...... Tank Gauging. DEPARTMENT OF HOMELAND 5 ...... Metering. represented a significant change in use. SECURITY 7 ...... Temperature Determination. Here, aside from the fact that no change 8 ...... Sampling. in name or character will occur, the U.S. Customs and Border Protection 12 ...... Calculations. production of analytical-grade 17 ...... Maritime Measurement. acetonitrile results in a less significant Accreditation and Approval of Saybolt change in use, namely, from one type of LP as a Commercial Gauger and industrial use to another. Laboratory Saybolt LP is accredited for the following laboratory analysis We believe that this case is more AGENCY: U.S. Customs and Border procedures and methods for petroleum analogous to cases involving the Protection, Department of Homeland and certain petroleum products set forth refining and purification of chemicals Security. than to those involving the production by the U.S. Customs and Border ACTION: Notice of accreditation and of medicine. As noted above, CBP has Protection Laboratory Methods (CBPL) approval of Saybolt LP as a commercial consistently held that refining or and American Society for Testing and gauger and laboratory. purification of a crude substance does Materials (ASTM):
CBPL No. ASTM Title
27–02 ...... D1298 Standard Practice for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liq- uid Petroleum Products by Hydrometer Meter. 27–03 ...... D4006 Standard Test Method for Water in Crude Oil by Distillation. 27–04 ...... D95 Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation. 27–05 ...... D4928 Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration. 27–06 ...... D473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27–13 ...... D4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Fluores- cence Spectrometry.
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Anyone wishing to employ this entity ADDRESSES: Comments should be sent to Black Fox Botanical Area to conduct laboratory analyses and the Forest Supervisor, Black Hills gauger services should request and National Forest, 1019 North 5th Street, T. 2 N., R. 2 E., receive written assurances from the Custer, South Dakota 57730 or the BLM Sec. 11, SE1⁄4NE1⁄4, SE1⁄4SW1⁄4, E1⁄2SE1⁄4, 1 1 entity that it is accredited or approved Montana State Director, 5001 Southgate and SW ⁄4SE ⁄4; Sec. 12 lots 1 and 2, S1⁄2NE1⁄4, S1⁄2NW1⁄4, by the U.S. Customs and Border Drive, Billings, Montana 59101. SW1⁄4, and W1⁄2SE1⁄4; Protection to conduct the specific test or FOR FURTHER INFORMATION CONTACT: Sec. 13, E1⁄2NE1⁄4, W1⁄2NW1⁄4, W1⁄2SW1⁄4, gauger service requested. Alternatively, Valerie Hunt, USFS, Rocky Mountain and NE1⁄4SE1⁄4; inquiries regarding the specific test or Region, 303–275–5071, vbhunt@ Sec. 14, E1⁄2SE1⁄4; gauger service this entity is accredited fs.fed.us, Tamara Lorenz, BLM Montana Sec. 24, NW1⁄4NW1⁄4. or approved to perform may be directed State Office, 406–896–5053, tlorenz@ T. 2 N., R. 3 E., to the U.S. Customs and Border mt.blm.gov, or Marilyn Roth, BLM Sec. 7, lots 4 thru 7; Protection by calling (202) 344–1060. Wyoming State Office, 307–775–6189. Sec. 17, lots 2, 6, and 7; The inquiry may also be sent to Persons who use a Sec. 18, lots 1, 2, 5, and 6, E1⁄2NW1⁄4, 1 1 1 [email protected]. Please telecommunications device for the deaf E ⁄2SW ⁄4, and SE ⁄4. reference the Web site listed below for (TDD) may call the Federal Information The areas described aggregate a complete listing of CBP approved Relay Service (FIRS) at 1–800–877–8339 1,618.38 acres in Pennington (909.42 gaugers and accredited laboratories. to contact either of the above acres) and Lawrence (708.96 acres) http://www.cbp.gov/about/labs- individuals. The FIRS is available 24 Counties. scientific/commercial-gaugers-and- hours a day, 7 days a week, to leave a Canyon City Research Natural Area laboratories message or question with either of the Dated: September 10, 2015. above individuals. You will receive a T. 1 N., R. 4 E., reply during normal business hours. 1 2 1 4 1 2 1 4 Ira S. Reese, Sec. 1, lots 1, 3, and 4, S ⁄ NE ⁄ , S ⁄ NW ⁄ , SUPPLEMENTARY INFORMATION: The USFS and NW1⁄4SE1⁄4; Executive Director, Laboratories and Sec. 2, lots 1 thru 4, S1⁄2NE1⁄4, SE1⁄4NW1⁄4, Scientific Services Directorate. has filed an application with the BLM, pursuant to Section 204 of the Federal NE1⁄4SW1⁄4, and N1⁄2SE1⁄4; [FR Doc. 2015–24226 Filed 9–23–15; 8:45 am] Land Policy and Management Act of Sec. 3, lots 5 and 6. BILLING CODE 9111–14–P T. 2 N., R. 4 E., 1976, 43 U.S.C. 1714 requesting that the Sec. 34, lot 9, and S1⁄2SE1⁄4SE1⁄4; Secretary of the Interior withdraw, for a Sec. 36, SE1⁄4SW1⁄4. 20-year period, subject to valid existing DEPARTMENT OF THE INTERIOR rights, the National Forest System lands The areas described aggregate 914.26 acres in Pennington County. Bureau of Land Management within the Black Hills National Forest described below, from location and Englewood Springs Botanical Area [SDM 104505/WYW 181986] entry under the United States mining laws: T. 4 N., R. 3 E., Notice of Application for Withdrawal Sec. 29, lots 2, 6, and 7, SE1⁄4NE1⁄4, and Notification of Public Meetings; South Dakota E1⁄2SW1⁄4, and SE1⁄4; 1 1 South Dakota and Wyoming Black Hills National Forest Sec. 32, NE ⁄4NW ⁄4. AGENCY: Bureau of Land Management, Black Hills Meridian The area described contains 409.05 Interior. acres in Lawrence County. Bear and Beaver Gulches Botanical ACTION: Notice. Area Fanny Boles Gulch Research Natural Area SUMMARY: The United States Department of Agriculture, Forest Service (USFS) T. 5 N., R. 1 E., Sec. 4, lots 4 and 5, SW1⁄4NW1⁄4, N1⁄2SW1⁄4, T. 3 S., R. 1 E., has filed an application with the Bureau 1 1 SW1⁄4SW1⁄4, and SW1⁄4SE1⁄4; Sec. 6, lots 5, 6, and 7, SE ⁄4NW ⁄4, 1 1 1 1 of Land Management (BLM) requesting Sec. 5, lots 1 thru 4, S1⁄2NE1⁄4, S1⁄2NW1⁄4, E ⁄2SW ⁄4, and W ⁄2SE ⁄4; 1 1 1 1 the Secretary of the Interior to withdraw E1⁄2SE1⁄4, and SW1⁄4SE1⁄4; Sec. 7, lots 1 thru 4, W ⁄2NE ⁄4, W ⁄2NW ⁄4, approximately 17,486.90 acres of Sec. 6, lots 1, 3 thru 9, and lots 12 thru 17; E1⁄2SW1⁄4, and S1⁄2SE1⁄4. National Forest System lands from the Sec. 8, NE1⁄4; 1 1 The area described contains 853.41 mining laws to protect four Research Sec. 9, lots 1 thru 6, lot 8, and W ⁄2NE ⁄4; acres in Custer County. Natural Areas and seven Botanical Sec. 16, lot 2. Areas within the Black Hills National T. 6 N., R. 1 E., Higgins Gulch Botanical Area 1 1 1 1 Forest in South Dakota and Wyoming. Sec. 17, SW ⁄4NE ⁄4, NE ⁄4SW ⁄4, and W1⁄2SW1⁄4; T. 6 N., R. 1 E., This notice temporarily segregates the Sec. 18, lot 17; Sec. 23, SE1⁄4SE1⁄4; 1 lands for up to 2 years from location and Sec. 19, lots 1, 5, 6, and 11, and E ⁄2; Sec. 24, SW1⁄4NE1⁄4, S1⁄2NW1⁄4, SW1⁄4, and 1 1 1 1 1 entry under the United States mining Sec. 20, NW ⁄4NE ⁄4, S ⁄2NE ⁄4, NW ⁄4, and W1⁄2SE1⁄4; 1 laws while the application is being S ⁄2; Sec. 25, NW1⁄4NE1⁄4, and W1⁄2; 1 1 processed. This notice also gives an Sec. 21, SW ⁄4SW ⁄4; Sec. 26, E1⁄2, E1⁄2NW1⁄4, SW1⁄4NW1⁄4, 1 1 1 1 1 opportunity to comment on the Sec. 29, E ⁄2, E ⁄2NW ⁄4, NW ⁄4NW ⁄4, E1⁄2SW1⁄4, and NW1⁄4SW1⁄4; 1 1 1 1 proposed withdrawal application, and NW ⁄4SW ⁄4, and SE ⁄4SW ⁄4; Sec. 27, NE1⁄4SW1⁄4; Sec. 30, lots 1 thru 6, lots 7 and 12, and Sec. 35, N1⁄2NE1⁄4, and NE1⁄4NW1⁄4; announces dates, time and location of 1 E ⁄2; Sec 36, W1⁄2NE1⁄4, and E1⁄2NW1⁄4. two public meetings. Sec. 31, lots 1 thru 7, lots 10, 11, 12, and DATES: The USFS must receive 14, NE1⁄4 and NE1⁄4SE1⁄4; The area described contains 1,640.00 comments on or before December 23, Sec. 32, lots 1 thru 4, NE1⁄4, E1⁄2NW1⁄4, acres in Lawrence County. N1⁄2SW1⁄4, and N1⁄2SE1⁄4; 2015. The USFS will hold public McIntosh Fen Botanical Area meetings in connection with the Sec. 33, lots 1 and 2, and N1⁄2SW1⁄4. proposed withdrawal on October 27, The areas described aggregate T. 1 N., R. 2 E., 2015 and October 28, 2015. 5,342.08 acres in Lawrence County. Sec. 14, SE1⁄4SW1⁄4;
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Sec. 15, SW1⁄4SE1⁄4; Sec. 29, lots 2 and 3, N1⁄2NE1⁄4 and before the scheduled dates of the Sec. 22, lots 1, 2, 6, 7, and 8; SW1⁄4NW1⁄4; meetings. Sec. 26, NW1⁄4NE1⁄4 except for that portion Sec. 30, NE1⁄4. For a period until September 25, within Homestead Entry Survey 235 2017, subject to valid existing rights, the subject to Patent 529631. The area described contains 2,233.07 acres in Crook County. lands will be segregated from location The area described contains 239.60 The total areas described in Wyoming and entry under the United States acres in Pennington County. aggregate 4,828.40 acres in Crook mining laws, unless the application is North Fork of Castle Creek Area County. denied or canceled or the withdrawal is The purpose of the withdrawal is to approved prior to that date. The lands T. 1 N., R. 2 E., protect the Research Natural Areas and will remain open to other uses within Sec. 2, lots 3 and 4; Botanical Areas and allow the USFS to the statutory authority pertinent to T. 2 N., R. 2 E., explore administrative alternatives in National Forest lands and subject to Sec. 22, SW1⁄4SE1⁄4; managing the lands. discretionary approval. Sec. 26, W1⁄2; The use of a right-of-way, interagency The application will be processed in Sec. 27, E1⁄2 and E1⁄2NW1⁄4; agreement, or cooperative agreement accordance with the regulations set 1 1 1 1 1 Sec. 34, NE ⁄4, E ⁄2NW ⁄4, and E ⁄2SE ⁄4; would not provide adequate protection forth in 43 CFR 2310. Sec. 35, S1⁄2NE1⁄4, W1⁄2, NE1⁄4SE1⁄4, and for these areas due to the broad scope W1⁄2SE1⁄4. Peter A. McFadden, and nondiscretionary nature of the Chief, Branch of Realty and Renewable The area described aggregates general mining laws. 1,681.72 acres in Pennington County. Energy. No alternative sites are feasible due to [FR Doc. 2015–24312 Filed 9–23–15; 8:45 am] The areas described in South Dakota the resource significance of the areas. BILLING CODE 3411–15–P aggregate approximately 12,698.50 acres No water will be needed to fulfill the in Custer, Lawrence, and Pennington purpose of the requested withdrawal. Counties. Records relating to the application DEPARTMENT OF THE INTERIOR Wyoming may be examined by contacting the USFS, Rocky Mountain Region at the Bureau of Land Management Black Hills National Forest above address and phone number. [LLWO2100000 Sixth Principal Meridian For a period until December 23, 2015, L11100000.DR0000.LXSISGST0000] all persons who wish to submit Dugout Gulch Botanical Area comments, suggestions, or objections in Notice of Availability of the Record of T. 52 N., R 60 W., connection with the withdrawal Decision and Approved Resource Sec. 19, lots 3 and 4, E1⁄2SW1⁄4, and application may present their views in Management Plan Amendments for the W1⁄2SE1⁄4; writing to the Forest Supervisor, Black Great Basin Region Greater Sage- Sec. 30, lots 1 thru 4, W1⁄2NE1⁄4, E1⁄2NW1⁄4, Hills National Forest at the address Grouse Sub-Regions of Idaho and E1⁄2SW1⁄4, and SE1⁄4; indicated above. Southwestern Montana; Nevada and Sec. 31, lot 1, NE1⁄4, NE1⁄4NW1⁄4, and Comments, including names and 1 1 Northeastern California; Oregon; and N ⁄2SE ⁄4. street addresses of respondents, will be Utah T. 52 N., R. 61 W., available for public review at the Forest Sec. 24, SE1⁄4SE1⁄4; Supervisor’s Office, Black Hills National AGENCY: Bureau of Land Management, Sec. 25, lots 1 thru 4, inclusive, Forest, 1019 North 5th Street, Custer, Interior. NW1⁄4NE1⁄4, and E1⁄2SE 1⁄4; South Dakota 57730, during regular ACTION: Notice of availability. Sec. 36, E1⁄2NE1⁄4. business hours. Individual respondents The area described aggregates may request confidentiality. Before SUMMARY: The Bureau of Land 1,515.33 acres in Crook County. including your address, phone number, Management (BLM) announces the availability of the Record of Decision Hay Creek Research Natural Area email address, or other personal identifying information in your (ROD) and Approved Resource T. 54 N., R. 62 W., comment, be advised that your entire Management Plan Amendments 1 1 1 1 1 1 (ARMPAs) for the Great Basin Region Sec. 7, S ⁄2NE ⁄4, SE ⁄4NW ⁄4, E ⁄2SW ⁄4, comment—including your personal and SE1⁄4; identifying information—may be made Greater Sage-Grouse (GRSG) sub-regions Sec. 8, NW1⁄4SW1⁄4, and S1⁄2SW1⁄4; publicly available at any time. While of Idaho and Southwestern Montana, Sec. 17, NW1⁄4, and N1⁄2SW1⁄4; Nevada and Northeastern California, 1 1 1 1 1 you can ask us in your comment to Sec. 18, NE ⁄4, NE ⁄4NW ⁄4, NE ⁄4SW ⁄4, withhold from public review your Oregon, and Utah. The Assistant NE1⁄4SE1⁄4, and W1⁄2SE 1⁄4. personal identifying information, we Secretary for Land and Minerals The area described contains 1,080.00 cannot guarantee that we will be able to Management of the U.S. Department of acres in Crook County. do so. the Interior signed the ROD. ADDRESSES: Copies of the ROD and Upper Sand Creek Botanical Area Notice is hereby given that public meetings in connection with the ARMPAs are available upon request and T. 51 N., R. 60 W., proposed withdrawal will be held at the are also available for public inspection Sec. 7, S1⁄2SE1⁄4; Mystic Ranger District, 8221 South Hwy at the addresses listed in the Sec. 17, lots 1 and 2, NW1⁄4NW1⁄4, 16, Rapid City, South Dakota 67702 on SUPPLEMENTARY INFORMATION section. SE1⁄4NW1⁄4, E1⁄2SW1⁄4, SW1⁄4SW1⁄4, and October 27, 2015 at 6 p.m. and at the Interested persons may also review the W1⁄2SE1⁄4; Sundance Community Center, Basement ROD and ARMPAs on the internet at 1 1 Sec. 18, lots 5 thru 8, inclusive, W ⁄2NE ⁄4, of the Crook County Courthouse, 309 http://www.blm.gov/wo/st/en/prog/ SE1⁄4NW1⁄4, W1⁄2SE1⁄4, and SE1⁄4SE1⁄4; Cleveland St., Sundance, Wyoming more/sagegrouse.html. Sec. 19, E1⁄2; 1 1 1 1 82729 on October 28, 2015 at 6 p.m. The FOR FURTHER INFORMATION CONTACT: Sec. 20, lot 1, W ⁄2NE ⁄4, SE ⁄4NW ⁄4, For W1⁄2SE1⁄4, SE1⁄4SE1⁄4; USFS will publish a notice of the time the Idaho and Southwestern Montana Sec. 21, lots 8 thru 11, lots 14 and 15, and and place in a least one newspaper of GRSG ARMPA: Jonathan Beck, BLM NW1⁄4SE1⁄4; general circulation no less than 30 days Idaho State Office GRSG Planning Lead,
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telephone 208–373–4070; address 1387 management of these areas is limited to • Shoshone-Eureka RMP (1986) South Vinnell Way, Boise ID 83709; the application of required design • Tonopah RMP (1997) email [email protected]. features (RDFs) for certain • Wells RMP (1985) For the Nevada and Northeastern authorizations when applicable. • Winnemucca RMP (2015) California GRSG ARMPA: Lauren In addition to establishing protective Oregon Mermejo, BLM Nevada State Office land use allocations, the ARMPAs • GRSG Project Lead, telephone 775–861– implement a suite of management Andrews RMP (2005) • 6580; address 1340 Financial Boulevard, decisions, such as the establishment of Baker RMP (1989) • Reno NV, 89502; email lmermejo@ disturbance limits, GRSG habitat Brothers-LaPine RMP (1989) • blm.gov. objectives, mitigation requirements, Lakeview RMP (2003) • Southeastern Oregon RMP (2003) For the Oregon GRSG ARMPA: Joan monitoring protocols, and adaptive • Suther, BLM Oregon/Washington State management triggers and responses, as Steens RMP (2005) • Three Rivers RMP (1992) Office GRSG Planning Lead, telephone well as other conservation measures • 541–573–4445; address BLM Burns throughout the range. Upper Deschutes RMP (2005) District, 28910 Hwy 20 West, Hines, OR, The cumulative effect of these Utah measures is to protect, improve, and 97738; email [email protected]. • Box Elder RMP (1986) restore GRSG habitat across the For the Utah GRSG ARMPA: Quincy • Cedar/Beaver/Garfield/Antimony remaining range of the species in the Bahr, BLM Utah State Office GRSG RMP (1986) Project Lead, telephone 801–539–4122; Great Basin and provide greater • Grand Staircase-Escalante National address 440 West 200 South, Suite 500, certainty that BLM land and resource Monument Management Plan (2000) Salt Lake City, UT 84101–1345; email management activities in GRSG habitat • House Range RMP (1987) [email protected]. will lead to conservation of the GRSG • Kanab RMP (2008) Persons who use a and other species associated with the • Park City MFP (1975) telecommunications device for the deaf sagebrush ecosystem in the region. • Pinyon MFP (1978) (TDD) may call the Federal Information The ARMPAs approved by the ROD • Pony Express RMP (1990) Relay Service (FIRS) at 1–800–877–8339 amend the following BLM Resource • Price RMP (2008) to contact the above individuals during Management Plans (RMPs) and • Randolph MFP (1980) normal business hours. The FIRS is Management Framework Plans (MFPs), • Richfield RMP (2008) available 24 hours a day, 7 days a week, completed in the year indicated: • Salt Lake District Isolated Tracts to leave a message or question with the California Planning Analysis (1985) above individual. You will receive a • Vernal RMP (2008) • reply during normal business hours. Alturas RMP (2008) • Warm Springs RMP (1987) • Eagle Lake RMP (2008) SUPPLEMENTARY INFORMATION: This ROD The Idaho and Southwestern • Surprise RMP (2008) and the ARMPAs for the Great Basin Montana, Nevada and Northeastern Region GRSG sub-regions of Idaho and Idaho California, and Utah Draft Land Use Southwestern Montana, Nevada and • Bennett Hills/Timmerman Hills MFP Plan Amendments (LUPAs)/Draft Northeastern California, Oregon, and (1980) Environmental Impact Statements (EISs) Utah were developed through a • Big Desert MFP (1981) and Proposed LUPAs/Final EISs collaborative planning process in order • Big Lost MFP (1983) included proposed GRSG management to incorporate land use plan level • Bruneau MFP (1983) direction for National Forest System measures into existing BLM land use • Cassia RMP (1985) lands. However, the U.S. Forest Service plans to protect, enhance, and restore • Cascade RMP (1988) (USFS) has completed a separate ROD GRSG and their habitat by reducing, • Challis RMP (1999) and Land and Resource Management eliminating, or minimizing threats to • Craters of the Moon National Plans under USFS planning authorities. GRSG habitat in the context of the Monument RMP (2006) Management decisions within the ROD BLM’s multiple-use and sustained yield • Kuna (1983) and ARMPAs apply only to BLM- mission under FLPMA. • Jarbidge RMP (2015) administered lands. The ARMPAs approved by the ROD • Lemhi RMP (1987) Across all four sub-regions in the include land use allocations that limit • Little Lost-Birch Creek MFP (1981) Great Basin Region, the ROD and or eliminate new surface disturbance in • Magic MFP (1975) ARMPAs amend existing land use plan GRSG Priority Habitat Management • Monument RMP (1985) decisions on a total of approximately 90 Areas (PHMA), while minimizing • Medicine Lodge RMP (1985) million BLM-administered surface disturbance in GRSG General Habitat • Owyhee RMP (1999) acres. Management Areas (GHMA). The Idaho • Pocatello RMP (2012) A Notice of Availability (NOA) for the and Southwestern Montana ARMPA • Snake River Birds of Prey National Great Basin Region GRSG Proposed also includes Important Habitat Conservation Area RMP (2008) LUPAs and Final EISs for the Idaho and Management Areas (IHMA) in Idaho, • Sun Valley MFP (1981) Southwestern Montana, Nevada and where management provides a buffer for • Twin Falls MFP (1982) Northeastern California, Oregon, and PHMAs and connects patches of Utah sub-regions was published in the PHMAs. IHMAs encompass areas of Montana Federal Register on May 29, 2015, generally moderate to high value habitat • Dillon RMP (2006) which initiated a 30-day protest period and/or populations, but that are not as and a 60-day Governor’s consistency important as PHMAs. The Nevada and Nevada review period. Northeastern California ARMPA also • Black Rock Desert-High Rock Canyon The BLM received 133 timely and includes Other Habitat Management NCA RMP (2004) valid protest submissions across all four Areas (OHMA), which is unmapped • Carson City Consolidated RMP (2001) Great Basin Proposed LUPAs/Final EISs. habitat that contains seasonal or • Elko RMP (1987) All protests have been resolved and/or connectivity habitat areas. BLM • Ely RMP (2008) dismissed. For a full description of the
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issues raised during the protest period • BLM Coeur d’Alene District Office, • BLM Kanab Field Office and Grand and how they were addressed, please 3815 Schreiber Way, Coeur d’Alene, Staircase-Escalante National refer to the Director’s Protest Resolution ID 83815; Monument, 669 South Highway 89A, Reports for all four ARMPAs, which are • BLM Cottonwood Field Office, 1 Butte Kanab, UT 84741; available at the following Web site: Drive, Cottonwood, ID 83522; • BLM Price Field Office, 125 South http://www.blm.gov/wo/st/en/prog/ • BLM Montana State Office, 5001 600 West, Price, UT 84501; planning/planning_overview/protest_ Southgate Drive, Billings, MT 59101; • BLM Richfield Field Office, 150 East resolution/protestreports.html. • BLM Butte District Office, 106 North 900 North, Richfield, UT 84701; The BLM received notifications of Parkmont, Butte, MT 59701; and • BLM Salt Lake Field Office, 2370 S. • inconsistencies and recommendations BLM Dillon Field Office, 1005 Selway Decker Lake Boulevard, West Valley as to how to resolve them during the Drive, Dillon, MT 59725–9431. City, UT 84119; and • Governor’s consistency review period Copies of the Nevada and BLM Vernal Field Office, 170 South from the States of Idaho, Montana, Northeastern California GRSG ROD and 500 East, Vernal, UT 84078. Nevada, Oregon, and Utah. The BLM ARMPA are available upon request and Authority: 36 CFR 219.59, 40 CFR 1506.6, also received a concurrence letter of are available for public inspection at: 40 CFR 1506.10, 43 CFR 1610.2; 43 CFR consistency from the State of California. • BLM Nevada State Office, 1340 1610.5. On August 6, 2015, the BLM State Financial Boulevard, Reno, NV, Amy Lueders, Directors for Idaho, Montana, Nevada, 89502; • Acting Assistant Director, Renewable Oregon, and Utah sent notification BLM Winnemucca District Office, Resources & Planning. letters to their respective States as to 5100 E. Winnemucca Boulevard, [FR Doc. 2015–24213 Filed 9–22–15; 4:15 pm] whether they accepted or rejected their Winnemucca, NV, 89445; recommendations for consistency. The • BLM Ely District Office, 702 North BILLING CODE 4310–22–P States were then given thirty days to Industrial Way, Ely, NV, 89301; • appeal the State Directors’ decisions. BLM Elko District Office, 3900 E. DEPARTMENT OF THE INTERIOR The States of Idaho, Nevada, and Utah Idaho Street, Elko, NV, 89801; appealed the BLM State Directors’ • BLM Carson City District Office, 5665 Bureau of Land Management decisions. The BLM Director affirmed Morgan Mill Road, Carson City, NV, the State Directors’ decisions on these 89701; [LLWO210000.15X.L11100000.PH0000 LXSISGST0000] recommendations as the • BLM Battle Mountain District Office, recommendations did not provide the 50 Bastian Road, Battle Mountain, Notice of Proposed Withdrawal; balance required by 43 CFR 1610.3–2(e). NV, 89820; • Sagebrush Focal Areas; Idaho, The Director communicated his BLM California State Office, 2800 Montana, Nevada, Oregon, Utah, and decisions on the appeals in writing to Cottage Way, Suite W–1623, Wyoming and Notice of Intent To the Governors concurrently with the Sacramento, CA, 95825; • Prepare an Environmental Impact release of the RODS. BLM Alturas Field Office, 708 W. Statement The Proposed LUPAs/Final EISs were 12th Street, Alturas, CA, 96101; selected in the ROD as the ARMPAs, • BLM Eagle Lake Field Office, 2950 AGENCY: Bureau of Land Management, with some minor modifications and Riverside Drive, Susanville, CA, Interior. clarifications based on protests received, 96130; and ACTION: Notice. • the Governors’ consistency reviews, and BLM Surprise Field Office, 602 internal agency deliberations. Cressler Street, Cedarville, CA, 96104. SUMMARY: The Assistant Secretary of the Copies of the Idaho and Southwestern Copies of the Oregon GRSG ROD and Interior for Land and Minerals Montana GRSG ROD and ARMPA are ARMPA are available upon request and Management has approved an available upon request and are are available for public inspection at: application to withdraw approximately available for public inspection at: • BLM Oregon State Office, 1220 SW. 10 million acres of public and National Forest System lands identified as • BLM Idaho State Office, 1387 S. 3rd Avenue, Portland, OR 97204; • BLM Baker Resource Area Office, Sagebrush Focal Areas in Idaho, Vinnell Way, Boise ID 83709; Montana, Nevada, Oregon, Utah, and • BLM Boise District Office, 3948 3100 H Street, Baker City, OR 97814; • BLM Burns District Office, 28910 Wyoming from location and entry under Development Avenue, Boise, ID the United States mining laws to protect 83705; Highway 20 West, Hines, OR 97738; • BLM Lakeview District Office, 1301 S. the Greater Sage-Grouse and its habitat • BLM Owyhee Field Office, 20 First G Street, Lakeview, OR 97630; from adverse effects of locatable mineral Avenue West, Marsing, ID 83639; • exploration and mining, subject to valid • BLM Prineville District Office, 3050 BLM Idaho Falls District Office, 1405 NE. 3rd Street, Prineville, OR 97754; existing rights. This notice temporarily Hollipark Drive, Idaho Falls, ID and segregates the lands for up to 2 years 83401; • BLM Vale District Office, 100 Oregon while the application is processed. This • BLM Salmon Field Office, 1206 South Street, Vale, OR 97918. notice also provides the public with an opportunity to comment on the Challis Street, Salmon, ID 83467; Copies of the Utah GRSG ROD and • proposed withdrawal application. In BLM Challis Field Office, 1151 Blue ARMPA are available upon request and addition, this notice initiates the public Mountain Road, Challis, ID 83226; are available for public inspection at: • BLM Pocatello Field Office, 4350 • BLM Utah State Office, 440 West 200 scoping process for an Environmental Cliffs Drive, Pocatello, ID 83204; South, Suite 500, Salt Lake City, UT, Impact Statement (EIS) to analyze and • BLM Twin Falls District Office, 2536 84101; disclose impacts of the proposed Kimberly Road, Twin Falls, ID 83301; • BLM Cedar City Field Office, 176 East withdrawal. • BLM Shoshone Field Office, 400 West D.L. Sargent Drive, Cedar City, UT DATES: Comments on the proposed F Street, Shoshone, ID 83352; 84721; withdrawal application or scoping • BLM Burley Field Office, 15 East 200 • BLM Fillmore Field Office, 95 East comments on issues to be analyzed in South, Burley, ID 83318; 500 North, Fillmore, UT 84631; the EIS must be received by December
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23, 2015. Please clearly indicate Utah State Office, 440 West 200 South, Montana whether comments are in regard to the Suite 500, Salt Lake City, Utah Principal Meridian withdrawal application or scoping 84101. comments on the EIS. The date(s) and Wyoming State Office, 5353 Tps. 21 to 23 N., R. 20 E., location(s) of any scoping meetings will Tps. 20 to 23 N., R. 21 E., Yellowstone Road, Cheyenne, Tps. 20 N., R. 22 E., be announced at least 15 days in Wyoming 82009. advance through local media, Tps. 19 to 21, 23 and 24 N., R. 23 E., newspapers and the BLM Web site at: The Sagebrush Focal Areas include all Tps. 18 to 21, 23 and 24 N., Rs. 24 and 25 public and National Forest System lands E., http://www.blm.gov/wo/st/en/prog/ Tps. 18 to 20, 22 to 25, 27 and 28 N., R. 26 more/sagegrouse.html. In order to be identified in the townships below: E., included in the Draft EIS, all comments Idaho T. 24 N., R. 261⁄2 E., must be received prior to the close of Tps. 19 to 29 N., R. 27 E., the 90-day scoping period or 15 days Boise Meridian Tps. 20, 22 to 24 and 26 to 29 N., R. 28 E., Tps. 22 to 27 N., R. 29 E., after the last public meeting, whichever T. 1 N., Rs. 17 and 29 E., is later. Additional opportunities for Tps. 22 to 26 N., R. 30 E., Tps. 1 and 10 N., R. 18 E., Tps. 23 to 26 N., Rs. 31 and 32 E., public participation will be available Tps. 1 and 9 to 12 N., R. 19 E., upon publication of the Draft EIS. Tps. 23 to 29 N., Rs. 33, 35 and 36 E., Tps. 1, 2, and 8 to 12 N., R. 20 E., Tps. 24 to 29 N., Rs. 34 and 37 E., ADDRESSES: Written comments should Tps. 1, 2, and 5 to 12 N., R. 21 E., Tps. 26 and 27 N., R. 361⁄2 E., be sent to the BLM Director, 1849 C Tps. 1, 2, and 4 to 11 N., R. 22 E., Tps. 24 to 28 N., R. 38 E., Street NW., (WO–200), Washington, DC Tps. 1 to 13 N., Rs. 23 and 24 E., Tps. 24 to 27 N., R. 39 E., 20240 or electronically to sagebrush_ Tps. 9, 10, and 12 N., R. 241⁄2 E., T. 26 N., R. 40 E. [email protected]. Tps. 2 to 12, 15 and 16 N., R. 25 E., Tps. 2 to 5, 8 to 11, and 13 to 16 N., R. 26 The areas described contain FOR FURTHER INFORMATION CONTACT: E., approximately 983,156 acres in Fergus, Mark A. Mackiewicz, PMP, Senior Tps. 1, 2, 4 to 11, and 13 to 16 N., R. 27 E., Garfield, Petroleum, Phillips, and Valley National Project Manager BLM, by Tps. 1, 4 to 9, and 13 to 15 N., R. 28 E., Counties. telephone at 435–636–3616, or by email Tps. 1 and 6 to 9 N., R. 30 E., Nevada at [email protected]; or one of the Tps. 8 and 9 N., Rs. 31 and 32 E., BLM state offices listed below. Persons Tps. 7 to 9 N., Rs. 34 and 35 E., Mount Diablo Meridian who use a telecommunications device Tps. 9 to 12 N., R. 36 E., for the deaf (TDD) may call the Federal Tps. 10 to 12 N., R. 37 E., Tps. 44, 46, and 47 N., R. 20 E., Tps. 10 and 11 N., R. 38 E., Tps. 43 to 47 N., Rs. 21, 40, 45, 53, 54, 55, Information Relay Service (FIRS) at 1– 69, and 70 E., 800–877–8339 to reach the BLM contact Tps. 9 to 11 N., R. 39 E., Tps. 8 to 11 N., R. 40 E., Tps. 43, 44, and 47 N., R. 22 E., person. The FIRS is available 24 hours T. 47 N., R. 23 and 231⁄2 E., Tps. 8 to 10 N., R. 41 E., a day, 7 days a week, to leave a message T. 45 N., R. 31 E., Tps. 8 to 16 S., R. 1 W., or question with the above individual. Tps. 44 to 47 N., Rs. 32, 33, 41 and 42 E., Tps. 9 to 16 S., R. 2 W., Tps. 44 to 48 N., Rs. 34 to 36 E., You will receive a reply during normal Tps. 10 to 16 S., R. 3 W., Tps. 45 to 47 N., R. 37 E., business hours. Tps. 11 to 16 S., R. 4 W., Tps. 42 to 44 N., R. 38 E., SUPPLEMENTARY INFORMATION: The Tps. 12 to 16 S., R. 5 W., Tps. 42 to 47 N., Rs. 39, 46, 49, 50, 57, 58, Bureau of Land Management (BLM) Tps. 13 to 16 S., R. 6 W., 60 to 62, 67 and 68 E., filed an application requesting the Tps. 8 to 14, and 16 S., R. 1 E., Tps. 44 to 46 N., R. 43 E., Assistant Secretary of the Interior for Tps. 7 to 14 S., R. 2 E., Tps. 40 to 47 N., R. 47 E., Land and Minerals Management to Tps. 8 to 14 S., R. 3 E., Tps. 41 to 47 N., Rs. 48, and 63 to 66 E., withdraw, subject to valid existing Tps. 8 to 16 S., R. 4 E., T. 44 N., R. 52 E., Tps. 9, and 11 to 16 S., R. 5 E., 1 rights, approximately 10 million acres of Tps. 46 and 47 N., R. 54 ⁄2 E., Tps. 11 to 16 S., R. 6 E., public and National Forest System lands Tps. 42 to 45, and 47 N., R. 56 E., Tps. 13 to 16 S., Rs. 7 and 8 E., Tps. 42 to 44, 46 and 47 N., R. 59 E., located in the States of Idaho, Montana, Tps. 14 to 16 S., Rs. 9 and 10 E., Nevada, Oregon, Utah and Wyoming Tps. 3 and 4 and 14 to 16 S., Rs. 11E., The areas described contain from location and entry under the Tps. 2 to 4 and 13 to 16 S., R. 12 E., approximately 2,797,399 acres in Elko, United States mining laws, but not from Tps. 2 to 4 and 12 to 16 S., Rs. 13 and 14 Humboldt, and Washoe Counties. leasing under the mineral or geothermal E., leasing or mineral materials laws. Tps. 1 to 4 and 12 to 16 S., Rs. 15 and 17 Oregon Copies of the map entitled ‘‘BLM E., Willamette Meridian Petition/Application for Sagebrush Tps. 1 to 4, and 13 to 16 S., R. 16 and 18 Tps. 35 and 36 S., R. 21 E., Focal Areas Withdrawal’’ depicting the E., Tps. 1 to 3 S., R. 19 E., Tps. 32 to 40 S., R. 22 E., lands proposed for withdrawal are Tps. 31 to 40 S., Rs. 23 and 24 E., posted on our Web site at http:// Tps. 1 to 4 S., Rs. 20 and 24 E., Tps. 1 to 4, and 14 S., R. 21 E., Tps. 34 to 41 S., Rs. 25, 29, and 46 E., www.blm.gov/wo/st/en/prog/more/ Tps. 1 to 5, and 14 S., R. 22 E., Tps. 33 and 34, 38 to 41 S., R. 26 E., sagegrouse.html and are also available Tps. 1 to 6 S., R. 23 E., Tps. 32 to 41 S., R. 27 and 28 E., from the BLM offices listed below: Tps. 1 to 3 S., Rs. 25, and 27 to 29 E., Tps. 35 to 41 S., R. 30 E., Idaho State Office, 1387 S. Vinnell Way, T. 1 S., R. 30 E. Tps. 36 to 41 S., Rs. 31, 40 to 43, 47 and 48 Boise, Idaho 83709. E., The areas described contain Tps. 37 to 40 S., R. 32 E., Montana State Office, 5001 Southgate 1 approximately 3,854,622 acres in T. 37 S., R. 32 ⁄2 E., Drive, Billings, Montana 59101– Tps. 38 to 40 S., R. 33 E., 4669. Bingham, Blaine, Butte, Camas, Cassia, Tps. 40 and 41 S., R. 36 E., Nevada State Office, 1340 Financial Clark, Custer, Elmore, Fremont, Tps. 36 and 37, 39 to 41 S., R. 37 E., Boulevard, Reno, Nevada 89502. Gooding, Jefferson, Lemhi, Lincoln, Tps. 38 to 41 S., Rs. 38 and 39 E., Oregon State Office, 1220 SW 3rd Minidoka, Owyhee, Power, and Twin Tps. 33 to 41 S., Rs. 44 and 45 E., Avenue, Portland, Oregon 97204. Falls Counties. Tps. 37 to 41 S., R. 49 E.
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The areas described contain Records relating to the application requested by the BLM to participate in approximately 1,929,580 acres in may be examined by contacting the the development of the environmental Harney, Lake, and Malheur Counties. BLM offices listed above. analysis as a cooperating agency. For a period until December 23, 2015, Comments including names and street Utah all persons who wish to submit addresses of respondents will be Salt Lake Meridian comments, suggestions, or objections in available for public review at the BLM connection with the proposed Washington Office at the address noted Tps. 9 and 10 N., R. 3 E., withdrawal may present their views in above, during regular business hours Tps. 9, 10, 101⁄2, and 11 N., R. 4 E., Tps. 9 to 12 N., R. 5 E., writing to the BLM Director, 1849 C Monday through Friday, except Federal Tps. 9 to 13 N., Rs. 6 to 8 E., Street NW., (WO–210), Washington, DC holidays. Before including your address, Tps. 12, 14, and 15 N., R. 17 W., 20240, or electronically to sagebrush_ phone number, email address, or other Tps. 11 to 15 N., R. 18 W., [email protected]. personal identifying information in your Tps. 10 to 15 N., R. 19 W. All comments received will be comment, you should be aware that The areas described contain considered before any final action is your entire comment—including your approximately 230,808 acres in Box taken on the proposed withdrawal. personal identifying information—may The purpose of the public scoping Elder, Cache, and Rich Counties. be made publicly available at any time. process is to determine relevant issues While you can ask us in your comment Wyoming that will influence the scope of the to withhold your personal identifying environmental analysis, including 6th Principal Meridian information from public review, we alternatives, and guide the process for cannot guarantee that we will be able to Tps. 27 and 28 N., R. 99 W., developing the EIS. At present, the BLM do so. Tps. 27 to 29 N., R. 100 W., has identified the following preliminary For a period until September 24, Tps. 25, 28, and 29 N., R. 101 W., issues: Air quality/climate, American 2017, subject to valid existing rights, the Tps. 28 N., R. 102 W., Indian resources, cultural resources, lands described in this notice will be Tps. 22 N., Rs. 104 and 120 W., wilderness, mineral resources, public Tps. 22, and 25 to 27 N., R. 105 W., segregated from location and entry Tps. 26 and 27 N., Rs. 106 to 108 W., health and safety, recreation, socio- under the United States mining laws, T. 24 N., R. 112 W., economic conditions, soil resources, unless the application/proposal is Tps. 23 and 24 N., Rs. 113 and 115 W., soundscapes, special status species, denied or canceled or the withdrawal is Tps. 22 to 24 N., Rs. 114 and 119 W., vegetation resources, visual resources, approved prior to that date. Licenses, Tps. 20 to 24 N., R. 117 W., water resources, and fish and wildlife permits, cooperative agreements, or Tps. 21 to 24 N., R. 118 W., resources. discretionary land use authorizations Tps. 19 and 20 N., R. 121 W. Because of the nature of a withdrawal may be allowed during the temporary The areas described contain of public lands from operation of the segregative period, but only with approximately 252,162 acres in mining law, mitigation of its effects is approval of the authorized officer of the Fremont, Lincoln, Sublette, Sweetwater, not likely to be an issue requiring BLM or the USFS. and Uinta Counties. detailed analysis. However, consistent The application will be processed in The total areas described aggregate with Council on Environmental Quality accordance with the regulations set approximately 10 million acres of regulations implementing NEPA (40 forth in 43 CFR part 2300. public and National Forest System lands CFR 1502.14), the BLM will consider whether and what kind of mitigation Neil Kornze, in the six states and counties listed Director, Bureau of Land Management. above. measures may be appropriate to address The Assistant Secretary of the Interior the reasonably foreseeable impacts to [FR Doc. 2015–24212 Filed 9–22–15; 4:15 pm] for Land and Minerals Management has resources from the approval of this BILLING CODE 4310–84–P approved the BLM’s application. proposed withdrawal. Therefore, this document constitutes a The BLM will utilize and coordinate DEPARTMENT OF THE INTERIOR withdrawal proposal of the Secretary of the NEPA scoping process to help fulfill the Interior (43 CFR 2310.1–3(e)). the public involvement process under Bureau of Land Management The purpose of the proposed the National Historic Preservation Act withdrawal of the Sagebrush Focal (54 U.S.C. 306108) as provided in 36 [LLWO350000.L14400000.PN0000] Areas in Priority Habitat Management CFR 800.2(d)(3). The information about Renewal of Approved Information Areas is to protect the Greater Sage- historic and cultural resources within Collection Grouse and its habitat from adverse the area potentially affected by the effects of locatable mineral exploration proposed action will assist the BLM in AGENCY: Bureau of Land Management, and mining subject to valid existing identifying and evaluating impacts to Interior. rights. such resources. ACTION: 30-day notice and request for The use of a right-of-way, interagency The BLM will consult with Indian comments. or cooperative agreement, or surface tribes on a government-to-government management by the BLM under 43 CFR basis in accordance with Executive SUMMARY: The Bureau of Land part 3715 or 43 CFR part 3809 Order 13175 and other policies. Tribal Management (BLM) has submitted an regulations or by the Forest Service concerns, including impacts to Indian information collection request to the under 36 CFR part 228 would not trust assets and potential impacts to Office of Management and Budget adequately constrain nondiscretionary cultural resources, will be given due (OMB) to continue the collection of uses, which could result in loss of consideration. Federal, State, and local information from owners of surface critical sage-grouse habitat. agencies, along with tribes and other estates who apply for title to underlying There are no suitable alternative sites stakeholders that may be interested in or Federally-owned mineral estates. The for the withdrawal. affected by the proposed withdrawal Office of Management and Budget No water rights would be needed to that the BLM is evaluating, are invited (OMB) previously approved this fulfill the purpose of the requested to participate in the scoping process information collection activity, and withdrawal. and, if eligible, may request or be assigned it control number 1004–0153.
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DATES: The OMB is required to respond may not conduct or sponsor a collection comment, you should be aware that to this information collection request of information unless it displays a your entire comment—including your within 60 days but may respond after 30 currently valid OMB control number. personal identifying information—may days. For maximum consideration, Until OMB approves a collection of be made publicly available at any time. written comments should be received information, you are not obligated to While you can ask us in your comment on or before October 26, 2015. respond. In order to obtain and renew to withhold your personal identifying ADDRESSES: Please submit comments an OMB control number, Federal information from public review, we directly to the Desk Officer for the agencies are required to seek public cannot guarantee that we will be able to Department of the Interior (OMB #1004– comment on information collection and do so. 0153), Office of Management and recordkeeping activities (see 5 CFR The following information pertains to Budget, Office of Information and 1320.8(d) and 1320.12(a)). this request: Regulatory Affairs, fax 202–395–5806, As required at 5 CFR 1320.8(d), the Title: Conveyance of Federally-Owned or by electronic mail at OIRA_ BLM published a 60-day notice in the Mineral Interests (43 CFR part 2720). [email protected]. Please Federal Register on February 11, 2015 Form: None. provide a copy of your comments to the (80 FR 7630), and the comment period OMB Control Number: 1004–0153. BLM. You may do so via mail, fax, or ended April 13, 2015. The BLM Abstract: The respondents in this electronic mail. received no comments. The BLM now information collection are owners of Mail: U.S. Department of the Interior, requests comments on the following surface estates who apply for title to Bureau of Land Management, 1849 C subjects: underlying Federally-owned mineral Street NW., Room 2134LM, Attention: 1. Whether the collection of estates. The BLM needs to conduct the Jean Sonneman, Washington, DC 20240. information is necessary for the proper information collection to determine if Fax: to Jean Sonneman at 202–245– functioning of the BLM, including the applicants are eligible to receive title 0050. whether the information will have to the Federally-owned minerals lying Electronic mail: Jean_Sonneman@ practical utility; beneath their lands. When certain blm.gov. 2. The accuracy of the BLM’s estimate specific conditions have been met, the Please indicate ‘‘Attn: 1004–0153’’ of the burden of collecting the United States will convey legal title to regardless of the form of your information, including the validity of the Federally-owned minerals to the comments. the methodology and assumptions used; owner of the surface estate. 3. The quality, utility and clarity of Frequency: On occasion. FOR FURTHER INFORMATION CONTACT: the information to be collected; and Description of Respondents: Owners Flora Bell, at 202–912–7347. Persons 4. How to minimize the information of surface estates who apply for who use a telecommunication device for collection burden on those who are to underlying Federally-owned mineral the deaf may call the Federal respond, including the use of estates. Information Relay Service at 1–800– appropriate automated, electronic, Estimated Number of Responses: 24 877–8339, to leave a message for Ms. mechanical, or other forms of annually. Bell. You may also review the information technology. Estimated Reporting and information collection request online at Please send comments as directed Recordkeeping ‘‘Hour’’ Burden: 240 http://www.reginfo.gov/public/do/ under ADDRESSES and DATES. Please hours annually. PRAMain. refer to OMB control number 1004–0153 Estimated Reporting and SUPPLEMENTARY INFORMATION: The in your correspondence. Before Recordkeeping ‘‘Non-Hour Cost’’ Paperwork Reduction Act (44 U.S.C. including your address, phone number, Burden: $1,200 annually. 3501–3521) and OMB regulations at 5 email address, or other personal The estimated burdens are itemized in CFR part 1320 provide that an agency identifying information in your the following table:
D. Total hours A. Type of response B. Number of C. Hours per (column B × responses response column C)
Conveyance of Federally-Owned Mineral Interests—Businesses ...... 11 10 110 Conveyance of Federally-Owned Mineral Interests—Individuals ...... 10 10 100 Conveyance of Federally-Owned Mineral Interests—State/Local/Tribal Governments ...... 3 10 30
Totals ...... 24 ...... 240
Jean Sonneman, Bureau of Land Management, Information Collection Clearance Officer. [FR Doc. 2015–24309 Filed 9–23–15; 8:45 am] BILLING CODE 4310–84–P
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DEPARTMENT OF THE INTERIOR Pompeys Pillar National Monument, The ARMPAs approved by the ROD South Dakota, and Worland were amend the following BLM Resource Bureau of Land Management developed through a collaborative Management Plans (RMPs), completed [LLWO2100000 planning process in order to incorporate in the year indicated: L11100000.DR0000.LXSISGST0000] land use plan level measures into Lewistown GRSG ARMPA existing BLM land use plans to protect, • Judith RMP (1994) Notice of Availability of the Record of enhance, and restore GRSG and their • Headwaters RMP (1984) Decision; and Approved Resource habitat by reducing, eliminating, or North Dakota GRSG ARMPA Management Plan Amendments for the minimizing threats to GRSG habitat in • North Dakota RMP (1988) Rocky Mountain Region Greater Sage- the context of the BLM’s multiple-use Northwest Colorado GRSG ARMPA Grouse Sub-Regions of Lewistown, and sustained yield mission under • Colorado River Valley RMP (2015) North Dakota, Northwest Colorado, FLPMA. • Grand Junction RMP (2015) and Wyoming; and Approved The ARMPAs and ARMPs approved • Kremmling RMP (2015) Resource Management Plans for by the ROD include land use allocations • Little Snake RMP (2011) Billings, Buffalo, Cody, HiLine, Miles that limit or eliminate new surface • White River RMP (1997) City, Pompeys Pillar National disturbance in GRSG Priority Habitat Wyoming GRSG ARMPA • Monument, South Dakota, and Worland Management Areas (PHMA), while Casper RMP (2007) minimizing disturbance in GRSG • Kemmerer RMP (2010) AGENCY: Bureau of Land Management, General Habitat Management Areas • Newcastle RMP (2000) Interior. (GHMA). The Billings and Miles City • Pinedale RMP (2008) • ACTION: Notice of availability. ARMPs also include Restoration Habitat Rawlins RMP (2008) Management Areas (RHMA), where • Green River RMP (1997) (being SUMMARY: The Bureau of Land certain management actions in these revised under the Rock Springs Management (BLM) announces the areas provide for a balance between RMP) availability of the Record of Decision ongoing and future resource uses, so The ARMPs (plan revisions) approved (ROD); and Approved Resource that habitat is maintained, while also by the ROD will replace the following Management Plan Amendments allowing for residual populations in Resource Management Plans (RMPs): (ARMPAs) for the Rocky Mountain impacted areas to persist. The Billings and Pompeys Pillar National Region Greater Sage-Grouse (GRSG) sub- Northwest Colorado ARMPA also Monument ARMPs regions of Lewistown, North Dakota, includes Linkage and Connectivity • Billings RMP (1984) Northwest Colorado, and Wyoming; and Habitat Management Areas (LCHMA), Buffalo ARMP Approved Resource Management Plans which have protections to facilitate the • Buffalo RMP (1985) (ARMPs) for Billings, Buffalo, Cody, movement of GRSG and maintain Cody ARMP (portion of the Bighorn HiLine, Miles City, Pompeys Pillar ecological processes. In addition to Basin planning effort) National Monument, South Dakota, and establishing protective land use • Cody RMP (1990) Worland. The Assistant Secretary for allocations, the ARMPAs and ARMPs HiLine ARMP • Land and Minerals Management of the implement a suite of management West HiLine RMP (1988) • U.S. Department of the Interior signed decisions, such as the establishment of Judith-Valley-Phillips RMP (1994) disturbance limits, GRSG habitat Miles City ARMP the ROD. • objectives, mitigation requirements, Big Dry RMP (1996) ADDRESSES: Copies of the ROD, • monitoring protocols, and adaptive Powder River RMP (1985) ARMPAs and ARMPs are available upon South Dakota ARMP request and are also available for public management triggers and responses, as • well as other conservation measures South Dakota RMP (1986) inspection at the addresses listed in the Worland ARMP (portion of the Bighorn SUPPLEMENTARY INFORMATION section. throughout the range. The cumulative effect of these Basin planning effort) Interested persons may also review the • measures is to protect, improve, and Washakie RMP (1988) ROD, ARMPAs and ARMPs on the • Grass Creek RMP (1998) internet at: http://www.blm.gov/wo/st/ restore GRSG habitat across the The Northwest Colorado and en/prog/more/sagegrouse.html. remaining range of the species in the Rocky Mountain Region and provide Wyoming Draft Land Use Plan FOR FURTHER INFORMATION CONTACT: greater certainty that BLM land and Amendments (LUPAs)/Draft Contacts for each subregion for the resource management activities in GRSG Environmental Impact Statements (EISs) GRSG ARMPAs and ARMPs are listed in habitat will lead to conservation of the and Proposed LUPAs/Final EISs the SUPPLEMENTARY INFORMATION section. GRSG and other species associated with included proposed GRSG management Persons who use a the sagebrush ecosystem in the region. direction for National Forest System telecommunications device for the deaf The ARMPs (plan revisions) approved lands. However, the U.S. Forest Service (TDD) may call the Federal Information by the ROD also provide updated land (USFS) has completed a separate ROD Relay Service (FIRS) at 1–800–877–8339 use plan management direction for all and Land and Resource Management to contact the listed individuals during BLM program areas, including but not Plans under USFS planning authorities. normal business hours. The FIRS is limited to, air quality, fish and wildlife, Management decisions within the ROD available 24 hours a day, 7 days a week, cultural, lands and realty, livestock and ARMPAs apply only to BLM- to leave a message or question with the grazing, minerals and energy, recreation administered lands. above individual. You will receive a and visitor services, soil and water, Across all sub-regions in the Rocky reply during normal business hours. special management area designations Mountain Region, the ROD, ARMPA SUPPLEMENTARY INFORMATION: This ROD; (including Areas of Critical and ARMPs amend and revise existing the ARMPAs for the Rocky Mountain Environmental Concern), travel and land use plan decisions on Region GRSG sub-regions of Lewistown, transportation, vegetation, visual approximately 23 million BLM- North Dakota, Northwest Colorado, and resources, wild horse and burros, land administered surface acres. Wyoming; and the ARMPs for Billings, with wilderness characteristics, and Notices of Availability (NOA) for the Buffalo, Cody, HiLine, Miles City, wildland fire management. Rocky Mountain Region GRSG Proposed
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LUPAs and RMPs/Final EISs were • BLM North Dakota Field Office, 99 • BLM Montana/Dakotas State Office, published in the Federal Register on 23rd Avenue East, Suite A, Dickinson, 5001 Southgate Drive, Billings, Montana May 29, 2015, which initiated a 30-day North Dakota 58601. 59101; protest period and a 60-day Governor’s Copies of the Northwest Colorado • BLM Havre Field Office, 3990 consistency review period. The BLM GRSG ROD and ARMPA are available Highway 2 West, Havre, Montana received 149 timely and valid protest upon request and are available for 59501; submissions across all Rocky Mountain public inspection at: • BLM Malta Field Office, 501 South proposed RMPs and LUPAs/Final EISs. • BLM Colorado State Office, 2850 2nd Street, Malta, Montana 59538; and All protests have been resolved and/or Youngfield Street, Lakewood, Colorado • BLM Glasgow Field Office, 5 Lasar dismissed. For a full description of the 80215; and Drive, Glasgow, Montana 59230. issues raised during the protest period • BLM Northwest District Office, Copies of the Miles City ROD and and how they were addressed, please 2815 H Road, Grand Junction, Colorado ARMP are available upon request and refer to the Director’s Protest Resolution 81506. are available for public inspection at: • Reports, which are available at the Copies of the Wyoming GRSG ROD BLM Montana/Dakotas State Office, following Web site: http://www.blm.gov/ and ARMPA are available upon request 5001 Southgate Drive, Billings, Montana wo/st/en/prog/planning/planning_ and are available for public inspection 59101; and • overview/protest_resolution/ at: BLM Miles City Field Office, 111 protestreports.html. • BLM Wyoming State Office, 5353 Garryowen Road, Miles City, MT 59301. Copies of the South Dakota ROD and The BLM received notifications of Yellowstone Road, Cheyenne, Wyoming 82009; ARMP are available upon request and inconsistencies and recommendations • are available for public inspection at: as to how to resolve them during the BLM Casper Field Office, 2987 Prospector Drive, Casper, Wyoming • BLM Montana/Dakotas State Office, Governor’s consistency review period 5001 Southgate Drive, Billings, Montana from the States of Colorado, Montana, 82604; • BLM Kemmerer Field Office, 312 59101; and North Dakota, South Dakota, and Highway 189 North, Kemmerer, • BLM South Dakota Field Office, 310 Wyoming. On August 6, 2015, the BLM Wyoming 83101; Roundup Street, Belle Fourche, SD State Directors for Colorado, Montana/ • BLM Newcastle Field Office, 1101 57717. Dakotas, and Wyoming sent notification Washington Boulevard, Newcastle, Copies of the Worland ROD and letters to their respective States as to Wyoming 82701; ARMP are available upon request and whether they accepted or rejected their • BLM Pinedale Field Office, 1625 are available for public inspection at: recommendations for consistency. The West Pine Street, Pinedale, Wyoming • BLM Wyoming State Office, 5353 States were then given 30 days to appeal 82941; Yellowstone Road, Cheyenne, WY the State Directors’ decisions. The States • BLM Rawlins Field Office, 1300 82003; and of North Dakota and South Dakota North Third, Rawlins, Wyoming 82301; • BLM Worland Field Office, 101 appealed the BLM State Director’s and South 23rd Street, Worland, Wyoming decisions. The BLM Director affirmed • BLM Rock Springs Field Office, 280 82401. the State Director’s decisions on these Highway 191 North, Rock Springs, For further information contact: For recommendations as the Wyoming 82901. the Lewistown GRSG ARMPA: Adam recommendations did not provide the Copies of the Billings and Pompeys Carr, BLM Project Lead, telephone 406– balance required by 43 CFR 1610.3–2(e). Pillar National Monument ROD and 538–1913; address Lewistown Field The Director communicated his ARMPs are available upon request and Office, 920 Northeast Main, Lewistown, decisions on the appeals in writing to are available for public inspection at: MT 59457; email [email protected]. the Governors concurrently with the • BLM Montana/Dakotas State Office For the North Dakota GRSG ARMPA: release of the RODs. The Proposed and Billings Field Office, 5001 Ruth Miller, BLM Team Lead, telephone RMPs and LUPAs/Final EISs were Southgate Drive, Billings, Montana 406–896–5023; address Montana/ selected in the ROD as the ARMPAs and 59101. Dakotas State Office, 5001 Southgate ARMPs, with some minor modifications Copies of the Buffalo ROD and ARMP Drive, Billings, MT 59101; email blm._ and clarifications based on protests are available upon request and are [email protected]. received, the Governors’ consistency available for public inspection at: For the Northwest Colorado GRSG reviews, and internal agency • BLM Wyoming State Office, 5353 ARMPA: Erin Jones, BLM Northwest deliberations. Yellowstone Road, Cheyenne, WY District NEPA Coordinator, telephone Copies of the Lewistown GRSG ROD 82003; 970–244–3008; address Northwest and ARMPA are available upon request • BLM High Plains District Office, District Office, 2815 H Road, Grand and are available for public inspection 2987 Prospector Drive, Casper, WY Junction, CO 81506; email erjones@ at: 82604; and blm.gov. • • BLM Montana/Dakotas State Office, BLM Buffalo Field Office, 1425 Fort For the Wyoming GRSG ARMPA: 5001 Southgate Drive, Billings, Montana Street, Buffalo, WY 82834. William West, BLM Planning and 59101; and Copies of the Cody ROD and ARMP Environmental Coordinator, telephone are available upon request and are 307–352–0259; address Rock Springs • BLM Lewistown Field Office, 920 available for public inspection at: Field Office, 280 Highway 191 North, Northeast Main, Lewistown, Montana • BLM Wyoming State Office, 5353 Rock Springs, Wyoming 82901; email 59457. Yellowstone Road, Cheyenne, WY [email protected]. Copies of the North Dakota GRSG 82003; and For the Billings ARMP: Carolyn ROD and ARMPA are available upon • BLM Cody Field Office, 1002 Sherve-Bybee, Billings and Pompeys request and are available for public Blackburn Avenue, Cody, Wyoming Pillar National Monument RMP Team inspection at: 82414. Leader, telephone: 406–896–5234; • BLM Montana/Dakotas State Office, Copies of the HiLine ROD and ARMP address: 5001 Southgate Drive, Billings, 5001 Southgate Drive, Billings, Montana are available upon request and are MT 59101; email: billings_ 59101; and available for public inspection at: [email protected].
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For the Buffalo ARMP: Thomas Bills, U.S.C. 1337, on behalf of Silicon (1) Pursuant to subsection (b) of Buffalo RMP Team Leader; The BLM Genesis Corp. (‘‘Complainant’’ or section 337 of the Tariff Act of 1930, as Buffalo Field Office, 1425 Fort Street, ‘‘SiGen’’). An amended complaint was amended, an investigation be instituted Buffalo, WY 82834, by telephone 307– filed on September 8, 2015. The to determine whether there is a 684–1133, or by email [email protected]. complaint, as amended, alleges violation of subsection (a)(1)(B) of For the Cody ARMP: Holly Elliott, violations of section 337 based upon the section 337 in the importation into the RMP Project Manager, telephone: 307– importation into the United States, the United States, the sale for importation, 347–5193; address: 101 South 23rd sale for importation, and/or the sale or the sale within the United States after Street, Worland, Wyoming 82401; email: within the United States after importation of certain silicon-on- [email protected]. importation of certain silicon-on- insulator wafers by reason of For the HiLine ARMP: Brian Hockett, insulator wafers by reason of infringement of one or more of claims Planning and Environmental infringement of certain claims of U.S. 1–12, 14, and 18–20 of the ’742 patent; Coordinator, telephone: 406–262–2837; Patent Nos. 5,985,742 (‘‘the ’742 claims 1–10, 12, 13, 17, 18, 21, 22, 24, address: 3990 Highway 2 West, Havre, patent’’); 6,013,563 (‘‘the ’563 patent’’); 28–30, 34, 37, 38, 40, 41, and 44–46 of MT 59501; email: MT_HiLine_RMP@ 6,103,599 (‘‘the ’599 patent’’); 6,162,705 the ’563 patent; claims 1–8, 10–22, and blm.gov. (‘‘the ’705 patent’’); 6,180,496 (‘‘the ’496 24–28 of the ’599 patent; claims 1–12, For the Miles City ARMP: Mary patent’’); 6,294,814 (‘‘the ’814 patent’’); 20–22, 25–28, 32, 33, 36–39, 43–48, 51, Bloom, Miles City RMP Team Leader, 6,790,747 (‘‘the ’747 patent’’); and and 52 of the ’705 patent; claims 1–3, telephone: 406–233–2800; address: 111 7,811,901 (‘‘the ’901 patent’’). The 5, and 6 of the ’496 patent; claims 1–3 Garryowen Road, Miles City, MT 59301; amended complaint further alleges that and 5 of the ’814 patent; claims 1, 2, 9, email: [email protected]. an industry in the United States exists 15, and 21 of the ’717 patent; and claims For the Pompeys Pillar National as required by subsection (a)(2) of 1, 2, 4, 6, 7, 9, 13, 18, 19, and 21 of the Monument ARMP: Carolyn Sherve- section 337. ’901 patent, and whether an industry in Bybee, Billings and Pompeys Pillar The complainant requests that the the United States exists as required by National Monument RMP Team Leader, Commission institute an investigation subsection (a)(2) of section 337; telephone: 406–896–5234; address: 5001 and, after the investigation, issue a (2) Pursuant to Commission Rule Southgate Drive, Billings, MT 59101; limited exclusion order and a cease and 210.50(b)(l), 19 CFR 210.50(b)(l), the email: billings_pompeyspillar_rmp@ desist order. presiding administrative law judge shall take evidence or other information and blm.gov. ADDRESSES: The amended complaint, For the South Dakota ARMP: Mitch except for any confidential information hear arguments from the parties and Iverson, RMP Project Manager, contained therein, is available for other interested persons with respect to telephone: 605–892–7008; or Lori (Chip) inspection during official business the public interest in this investigation, Kimball, BLM South Dakota Field hours (8:45 a.m. to 5:15 p.m.) in the as appropriate, and provide the Manager, telephone: 605–892–7000; Office of the Secretary, U.S. Commission with findings of fact and a address: 310 Roundup Street, Belle International Trade Commission, 500 E recommended determination on this Fourche, SD 57717; email: BLM_MT_ issue, which shall be limited to the _ _ Street SW., Room 112, Washington, DC South Dakota [email protected]. 20436, telephone (202) 205–2000. statutory public interest factors set forth For the Worland ARMP: Holly Elliott, Hearing impaired individuals are in 19 U.S.C. 1337(d)(l), (f)(1), (g)(l); (3) For the purpose of the RMP Project Manager, telephone: 307– advised that information on this matter investigation so instituted, the following 347–5193; address: 101 South 23rd can be obtained by contacting the are hereby named as parties upon which Street, Worland, Wyoming 82401; email: Commission’s TDD terminal on (202) this notice of investigation shall be [email protected]. 205–1810. Persons with mobility Authority: 36 CFR 219.59, 40 CFR 1506.6, served: impairments who will need special (a) The complainant is: Silicon 40 CFR 1506.10, 43 CFR 1610.2; 43 CFR assistance in gaining access to the 1610.5. Genesis Corp., 1980 Senter Road, San Commission should contact the Office Jose, California 95112. Amy Lueders, of the Secretary at (202) 205–2000. (b) The respondent is the following Acting Assistant Director, Renewable General information concerning the entity alleged to be in violation of Resources & Planning. Commission may also be obtained by section 337, and is the party upon [FR Doc. 2015–24208 Filed 9–22–15; 4:15 pm] accessing its internet server at http:// which the complaint is to be served: BILLING CODE 4310–22–P www.usitc.gov The public record for this Soitec S.A., Parc Technologique des investigation may be viewed on the Fontaines, Chemin des Franques, 38190 Commission’s electronic docket (EDIS) Bernin, France. INTERNATIONAL TRADE at http://edis.usitc.gov. (c) The Office of Unfair Import COMMISSION FOR FURTHER INFORMATION CONTACT: The Investigations, U.S. International Trade Office of Unfair Import Investigations, Commission, 500 E Street SW., Suite [Investigation No. 337–TA–966] U.S. International Trade Commission, 401, Washington, DC 20436; and telephone (202) 205–2560. (4) For the investigation so instituted, Certain Silicon-on-Insulator Wafers; Authority: The authority for the Chief Administrative Law Judge, Notice of Institution of Investigation institution of this investigation is U.S. International Trade Commission, AGENCY: U.S. International Trade contained in section 337 of the Tariff shall designate the presiding Commission. Act of 1930, as amended, and in section Administrative Law Judge. ACTION: Notice. 210.10 of the Commission’s Rules of Responses to the complaint and the Practice and Procedure, 19 CFR 210.10 notice of investigation must be SUMMARY: Notice is hereby given that a (2015). submitted by the named respondent in complaint was filed with the U.S. Scope of Investigation: Having accordance with section 210.13 of the International Trade Commission on considered the complaint, the U.S. Commission’s Rules of Practice and August 19, 2015, under section 337 of International Trade Commission, on Procedure, 19 CFR 210.13. Pursuant to the Tariff Act of 1930, as amended, 19 September 17, 2015, ORDERED THAT— 19 CFR 201.16(e) and 210.13(a), such
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responses will be considered by the The complaint further alleges that an this notice of investigation shall be Commission if received not later than 20 industry in the United States exists as served: days after the date of service by the required by subsection (a)(2) of section (a) The complainant: Commission of the complaint and the 337. notice of investigation. Extensions of The complainant requests that the Pathway Innovations & Technologies, time for submitting responses to the Commission institute an investigation Inc., 10211 Pacific Mesa Boulevard, complaint and the notice of and, after the investigation, issue a Ste. 412, San Diego, CA 92121 investigation will not be granted unless limited exclusion order and cease and (b) The respondents are the following good cause therefor is shown. desist orders. entities alleged to be in violation of Failure of the respondent to file a ADDRESSES: The complaint, except for section 337, and are the parties upon timely response to each allegation in the any confidential information contained which the complaint is to be served: complaint and in this notice may be therein, is available for inspection deemed to constitute a waiver of the Recordex USA, Inc., 10–50 46th during official business hours (8:45 a.m. Avenue, Long Island City, NY 11101 right to appear and contest the to 5:15 p.m.) in the Office of the allegations of the complaint and this Secretary, U.S. International Trade QOMO HiteVision, LLC, 46950 notice, and to authorize the Commission, 500 E Street SW., Room Magellan Drive, Wixom, MI 48393 administrative law judge and the 112, Washington, DC 20436, telephone Adesso, Inc., 160 Commerce Way, Commission, without further notice to (202) 205–2000. Hearing impaired Walnut, CA 91789 the respondent, to find the facts to be as individuals are advised that information alleged in the complaint and this notice (c) The Office of Unfair Import on this matter can be obtained by Investigations, U.S. International Trade and to enter an initial determination contacting the Commission’s TDD and a final determination containing Commission, 500 E Street SW., Suite terminal on (202) 205–1810. Persons 401, Washington, DC 20436; and such findings, and may result in the with mobility impairments who will issuance of an exclusion order or a cease need special assistance in gaining access (3) For the investigation so instituted, and desist order or both directed against to the Commission should contact the the Chief Administrative Law Judge, the respondent. Office of the Secretary at (202) 205– U.S. International Trade Commission, Issued: September 18, 2015. 2000. General information concerning shall designate the presiding Administrative Law Judge. By order of the Commission. the Commission may also be obtained Lisa R. Barton, by accessing its internet server at Responses to the complaint and the Secretary to the Commission. http://www.usitc.gov. The public record notice of investigation must be for this investigation may be viewed on submitted by the named respondents in [FR Doc. 2015–24222 Filed 9–23–15; 8:45 am] the Commission’s electronic docket accordance with section 210.13 of the BILLING CODE 7020–02–P (EDIS) at http://edis.usitc.gov. Commission’s Rules of Practice and FOR FURTHER INFORMATION CONTACT: The Procedure, 19 CFR 210.13. Pursuant to INTERNATIONAL TRADE Office of Unfair Import Investigations, 19 CFR 201.16(e) and 210.13(a), such COMMISSION U.S. International Trade Commission, responses will be considered by the telephone (202) 205–2560. Commission if received not later than 20 [Investigation No. 337–TA–967] days after the date of service by the Authority: The authority for institution of Commission of the complaint and the Certain Document Cameras and this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and notice of investigation. Extensions of Software for use Therewith Notice of time for submitting responses to the Institution of Investigation in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 complaint and the notice of AGENCY: U.S. International Trade (2015). investigation will not be granted unless Commission. Scope of Investigation: Having good cause therefor is shown. ACTION: Notice. considered the complaint, the U.S. Failure of a respondent to file a timely International Trade Commission, on response to each allegation in the SUMMARY: Notice is hereby given that a September 17, 2015, ORDERED THAT— complaint and in this notice may be complaint was filed with the U.S. (1) Pursuant to subsection (b) of deemed to constitute a waiver of the International Trade Commission on section 337 of the Tariff Act of 1930, as right to appear and contest the August 20, 2015, under section 337 of amended, an investigation be instituted allegations of the complaint and this the Tariff Act of 1930, as amended, 19 to determine whether there is a notice, and to authorize the U.S.C. 1337, on behalf of Pathway violation of subsection (a)(1)(B) of administrative law judge and the Innovations & Technologies, Inc. of San section 337 in the importation into the Commission, without further notice to Diego, California. A supplement was United States, the sale for importation, the respondent, to find the facts to be as filed on August 31, 2015. The or the sale within the United States after alleged in the complaint and this notice complaint, as supplemented, alleges importation of certain document and to enter an initial determination violations of section 337 based upon the cameras and software for use therewith and a final determination containing importation into the United States, the by reason of infringement of one or such findings, and may result in the sale for importation, and the sale within more of the claim of the ’D906 patent; issuance of an exclusion order or a cease the United States after importation of the claim of the ’D389 patent; the claim and desist order or both directed against certain document cameras and software of the ’D300 patent; and claims 1–18 the respondent. for use therewith by reason of and 20 of the ’751 patent, and whether By order of the Commission. infringement of certain claims of U.S. an industry in the United States exists Patent No. D647,906 (‘‘the ’D906 as required by subsection (a)(2) of Issued: September 18, 2015. patent’’); U.S. Patent No. D674,389 (‘‘the section 337; Lisa R. Barton, ’D389 patent’’); U.S. Patent No. (2) For the purpose of the Secretary to the Commission. D715,300 (‘‘the ’D300 patent’’); and U.S. investigation so instituted, the following [FR Doc. 2015–24221 Filed 9–23–15; 8:45 am] Patent No. 8,508,751 (‘‘the ’751 patent’’). are hereby named as parties upon which BILLING CODE 7020–02–P
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DEPARTMENT OF JUSTICE reproduction cost), not including proposed collection of information, Appendices, payable to the United including the validity of the Notice of Lodging of Proposed States Treasury. methodology and assumptions used; Consent Decree Under the Clean Water —Evaluate whether and if so how the Act Robert E. Maher, Jr., Assistant Section Chief, Environmental quality, utility, and clarity of the On September 18, 2015, the Enforcement Section, Environment & Natural information to be collected can be Department of Justice lodged a proposed Resources Division. enhanced; and Consent Decree with the United States [FR Doc. 2015–24261 Filed 9–23–15; 8:45 am] —Minimize the burden of the collection District Court for the District of BILLING CODE 4410–15–P of information on those who are to Massachusetts in the lawsuit entitled respond, including through the use of United States v. Town of Swampscott, DEPARTMENT OF JUSTICE appropriate automated, electronic, Civil Action No. 1:15–cv–13388–DJC. mechanical, or other technological In the Complaint, the United States, [OMB Number 1110–NEW] collection techniques or other forms on behalf of the U.S. Environmental of information technology, e.g., Protection Agency (EPA), alleges that Agency Information Collection the defendant Town of Swampscott Activities; Proposed eCollection permitting electronic submission of violated the Clean Water Act (‘‘CWA’’), eComments Requested; Flash/ responses. 33 U.S.C. 1251, et seq., and applicable Cancellation/Transfer Notice (I–12) Overview of This Information regulations relating to the City’s failure Approval of an Existing Collection in Collection to comply with its small municipal Use Without an OMB Control Number separate storm sewer system permit. AGENCY: Department of Justice, Federal 1. Type of Information Collection: The Consent Decree requires the Town Bureau of Investigation, Criminal Justice Approval of existing collection in to undertake various measures to study Information Services Division use without an OMB control and correct the problems causing the ACTION: 60-day notice. number. permit violations in order to achieve 2. The Title of the Form/Collection: compliance with the CWA and SUMMARY: The Department of Justice Flash/Cancellation/Transfer Notice. applicable regulations. The Consent (DOJ), Federal Bureau of Investigation Decree also requires the payment of a (FBI), Criminal Justice Information 3. The agency form number, if any, and $65,000 civil penalty. Services (CJIS) Division, will be the applicable component of the The publication of this notice opens submitting the following information Department sponsoring the a period for public comment on the collection request to the Office of collection: I–12. Consent Decree. Comments should be Management and Budget (OMB) for 4. Affected public who will be asked or addressed to the Assistant Attorney review and approval in accordance with required to respond, as well as a General, Environment and Natural the Paperwork Reduction Act of 1995. brief abstract: Primary: City, Resources Division, and should refer to DATES: Comments are encouraged and United States v. Town of Swampscott, county, state, federal and tribal law will be accepted for 60 days until enforcement agencies. This D.J. Ref. No. 90–5–1–1–10994. All November 23, 2015. comments must be submitted no later collection is needed to indicate on FOR FURTHER INFORMATION CONTACT: If an individual’s criminal history that than thirty (30) days after the you have additional comments publication date of this notice. the individual is being supervised especially on the estimated public to ensure the supervisory agency is Comments may be submitted either by burden or associated response time, notified of any additional criminal email or by mail: suggestions, or need a copy of the history activity. Acceptable data is proposed information collection To submit comments: Send them to: stored as part of the Next instrument with instructions or additional information, please contact Generation Identification (NGI) By e-mail ...... pubcomment- system of the FBI. ees.enrd@ Gerry Lynn Brovey, Supervisory usdoj.gov. Information Liaison Specialist, FBI, 5. An estimate of the total number of By mail ...... Assistant Attorney CJIS, Resources Management Section, respondents and the amount of General, U.S. Administrative Unit, Module C–2, 1000 time estimated for an average DOJ–ENRD, P.O. Custer Hollow Road, Clarksburg, West respondent to respond: It is Box 7611, Wash- Virginia, 26306 (facsimile: 304–625– estimated that 6,104 respondents ington, DC 20044– 5093). 7611. will complete each form within SUPPLEMENTARY INFORMATION: Written approximately 8 minutes. During the public comment period, comments and suggestions from the 6. An estimate of the total public burden the Consent Decree may be examined public and affected agencies concerning (in hours) associated with the and downloaded at this Justice the proposed collection of information collection: There are an estimated Department Web site: http:// are encouraged. Your comments should 25,733 total annual burden hours www.justice.gov/enrd/consent-decrees. address one or more of the following associated with this collection. We will provide a paper copy of the four points: Consent Decree upon written request —Evaluate whether the proposed If additional information is required and payment of reproduction costs. collection of information is necessary contact: Jerri Murray, Department Please mail your request and payment for the proper performance of the Clearance Officer, United States to: Consent Decree Library, U.S. DOJ– functions of the Bureau of Justice Department of Justice, Justice ENRD, P.O. Box 7611, Washington, DC Statistics, including whether the Management Division, Policy and 20044–7611. information will have practical utility; Planning Staff, Two Constitution Please enclose a check or money order —Evaluate the accuracy of the agency’s Square, 145 N Street NE., 3E.405B, for $12.25 (25 cents per page estimate of the burden of the Washington, DC 20530.
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Dated: September 21, 2015. CONTACT PERSON: Jeffrey Bryson, ACTION: Notice. Jerri Murray, General Counsel/Secretary, (202) 760– SUMMARY: The Commission is noticing a Department Clearance Officer for PRA, U.S. 4101; [email protected]. recent Postal Service filing concerning Department of Justice. AGENDA: an amendment to Parcel Return Service [FR Doc. 2015–24250 Filed 9–23–15; 8:45 am] I. CALL TO ORDER Contract 5 negotiated service agreement. BILLING CODE 4410–02–P II. Executive Session with the External Auditors This notice informs the public of the III. Executive Session with the Chief filing, invites public comment, and Audit Executive takes other administrative steps. NATIONAL SCIENCE FOUNDATION IV. Executive Session: Pending DATES: Comments are due: September Litigation Astronomy and Astrophysics Advisory 28, 2015. V. OHTS Watch List Review Committee; Notice of Meeting ADDRESSES: Submit comments VI. FY 2016 Risk Assessment & Internal electronically via the Commission’s In accordance with the Federal Audit Plan Filing Online system at http:// VII. Internal Audit Reports with Advisory Committee Act (Pub. L. 92– www.prc.gov. Those who cannot submit Management’s Response 463, as amended), the National Science comments electronically should contact Foundation announces the following VIII. Internal Audit Status Reports IX. Compliance Update the person identified in the FOR FURTHER meeting: X. Other External Audit Reports INFORMATION CONTACT section by Name and Committee Code: Astronomy XI. Adjournment telephone for advice on filing and Astrophysics Advisory Committee alternatives. Jeffrey T. Bryson, (#13883). FOR FURTHER INFORMATION CONTACT: EVP & General Counsel/Corporate Secretary. Date and Time: David A. Trissell, General Counsel, at November 12, 2015, 9:00 a.m.–5:00 p.m. [FR Doc. 2015–24439 Filed 9–22–15; 4:15 pm] 202–789–6820. November 13, 2015, 9:00 a.m.–12:00 p.m. BILLING CODE 7570–02–P Place: National Science Foundation, Room SUPPLEMENTARY INFORMATION: 1235, Stafford I Building, 4201 Wilson Blvd., Table of Contents Arlington, VA, 22230. NEIGHBORHOOD REINVESTMENT Type of Meeting: Open. CORPORATION I. Introduction Contact Person: Dr. Jim Ulvestad, Division II. Notice of Filing Director, Division of Astronomical Sciences, Regular Board of Directors Meeting; III. Ordering Paragraphs Suite 1045, National Science Foundation, Sunshine Act 4201 Wilson Blvd., Arlington, VA 22230. I. Introduction Telephone: 703–292–7165. TIME & DATE: 10:00 a.m., Tuesday, On September 18, 2015, the Postal Purpose of Meeting: To provide advice and September 29, 2015. Service filed notice that it has agreed to recommendations to the National Science an Amendment to the existing Parcel Foundation (NSF), the National Aeronautics PLACE: NeighborWorks America— Gramlich Boardroom, 999 North Capitol Return Service Contract 5 negotiated and Space Administration (NASA) and the service agreement approved in this U.S. Department of Energy (DOE) on issues Street NE., Washington DC 20002. docket.1 In support of its Notice, the within the field of astronomy and STATUS: Open (with the exception of astrophysics that are of mutual interest and Executive Session). Postal Service includes a redacted copy of the Amendment and a certification of concern to the agencies. CONTACT PERSON: Jeffrey Bryson, compliance with 39 U.S.C. 3633(a), as Agenda: To hear presentations of current General Counsel/Secretary, (202) 760– programming by representatives from NSF, required by 39 CFR 3015.5. NASA, DOE and other agencies relevant to 4101; [email protected]. The Postal Service also filed the astronomy and astrophysics; to discuss AGENDA: unredacted Amendment and supporting current and potential areas of cooperation I. CALL TO ORDER financial information under seal. The between the agencies; to formulate II. Executive Session: Report from CEO Postal Service seeks to incorporate by III. Executive Session: Executive recommendations for continued and new reference the Application for Non- areas of cooperation and mechanisms for Compensation achieving them. IV. Executive Session: Audit Committee Public Treatment originally filed in this docket for the protection of information Dated: September 17, 2015. Report Out V. Approval of Minutes that it has filed under seal. Id. at 1. Crystal Robinson, VI. Staff Presentation The Amendment concerns a price Committee Management Officer. VII. FY16 Preliminary Budget change pursuant to contractual terms. [FR Doc. 2015–24234 Filed 9–23–15; 8:45 am] VIII. LIFT Program Id. BILLING CODE 7555–01–P IX. Bank Settlement The Postal Service intends for the X. Strategic Planning Process Amendment to become effective one XI. Management Program Updates business day after the date that the XII. Adjournment NEIGHBORHOOD REINVESTMENT Commission completes its review of the CORPORATION Jeffrey T. Bryson, Notice. Id. The Postal Service asserts EVP & General Counsel/Corporate Secretary. that the Amendment will not impair the ability of the contract to comply with 39 Audit Committee Meeting; Sunshine [FR Doc. 2015–24440 Filed 9–22–15; 4:15 pm] Act U.S.C. 3633. Id. Attachment B at 1. BILLING CODE 7570–02–P II. Notice of Filing TIME & DATE: 9:00 a.m., Tuesday, September 29, 2015. The Commission invites comments on POSTAL REGULATORY COMMISSION PLACE: NeighborWorks America— whether the changes presented in the Gramlich Boardroom, 999 North Capitol [Docket No. CP2014–4; Order No. 2719] Postal Service’s Notice are consistent Street NE., Washington DC 20002. New Postal Product 1 Notice of United States Postal Service of Change STATUS: Open (with the exception of in Prices Pursuant to Amendment to Parcel Return Executive Sessions). AGENCY: Postal Regulatory Commission. Service Contract 5, September 18, 2015 (Notice).
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with the policies of 39 U.S.C. 3632, on the Exchange under NYSE Arca SECURITIES AND EXCHANGE 3633, or 3642, 39 CFR 3015.5, and 39 Equities Rule 8.202. The proposed rule COMMISSION CFR part 3020, subpart B. Comments are change was published for comment in due no later than September 28, 2015. the Federal Register on August 20, [Release No. 34–75952; File No. SR– The public portions of these filings can 2015.3 The Commission has not NYSEMKT–2015–64] be accessed via the Commission’s Web received any comments on the proposal. Self-Regulatory Organizations; NYSE site (http://www.prc.gov). 4 The Commission appoints Cassie Section 19(b)(2) of the Act provides MKT LLC; Notice of Filing and D’Souza to represent the interests of the that, within 45 days of the publication Immediate Effectiveness of Proposed general public (Public Representative) of notice of the filing of a proposed rule Rule Change To Make Permanent the in this docket. change, or within such longer period up Rules of the New Market Model Pilot, to 90 days as the Commission may the Supplemental Liquidity Providers III. Ordering Paragraphs designate if it finds such longer period Pilot, and the Pilot Program Allowing It is ordered: to be appropriate and publishes its ‘‘UTP Securities’’ To Be Traded on the 1. The Commission reopens Docket reasons for so finding or as to which the Exchange Pursuant to a Grant of No. CP2014–4 for consideration of self-regulatory organization consents, Unlisted Trading Privileges matters raised by the Postal Service’s the Commission shall either approve the September 18, 2015. Notice. proposed rule change, disapprove the Pursuant to Section 19(b)(1) 1 of the 2. Pursuant to 39 U.S.C. 505, the proposed rule change, or institute Securities Exchange Act of 1934 (the Commission appoints Cassie D’Souza to proceedings to determine whether the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 serve as an officer of the Commission proposed rule change should be notice is hereby given that on (Public Representative) to represent the disapproved. The 45th day for this filing interests of the general public in this September 9, 2015, NYSE MKT LLC (the is October 4, 2015. The Commission is ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with proceeding. extending this 45-day time period. 3. Comments are due no later than the Securities and Exchange September 28, 2015. The Commission finds it appropriate Commission (the ‘‘Commission’’) the 4. The Secretary shall arrange for to designate a longer period within proposed rule change as described in publication of this order in the Federal which to take action on the proposed Items I and II below, which Items have Register. rule change so that it has sufficient time been prepared by the self-regulatory organization. The Commission is By the Commission. to consider the proposed rule change. Accordingly, the Commission, pursuant publishing this notice to solicit Shoshana M. Grove, to Section 19(b)(2) of the Act,5 comments on the proposed rule change Secretary. designates November 18, 2015, as the from interested persons. [FR Doc. 2015–24260 Filed 9–23–15; 8:45 am] date by which the Commission shall I. Self-Regulatory Organization’s BILLING CODE 7710–FW–P either approve or disapprove, or Statement of the Terms of Substance of institute proceedings to determine the Proposed Rule Change whether to disapprove, the proposed SECURITIES AND EXCHANGE The Exchange proposes to make rule change (File No. SR–NYSEArca- COMMISSION permanent the rules of (1) the New 2015–68). Market Model Pilot, (2) the [Release No. 34–75945; File No. SR– For the Commission, by the Division of Supplemental Liquidity Providers Pilot, NYSEArca–2015–68] Trading and Markets, pursuant to delegated and (3) the pilot program allowing ‘‘UTP Self-Regulatory Organizations; NYSE authority.6 Securities’’ to be traded on the Exchange Arca, Inc.; Notice of Designation of a Brent J. Fields, pursuant to a grant of unlisted trading Longer Period for Commission Action Secretary. privileges (the ‘‘UTP Pilot’’). The text of the proposed rule change is available on on Proposed Rule Change Relating to [FR Doc. 2015–24215 Filed 9–23–15; 8:45 am] the Exchange’s Web site at Implementation of a Fee on Securities BILLING CODE 8011–01–P Lending and Repurchase Transactions www.nyse.com, at the principal office of With Respect to Shares of the the Exchange, and at the Commission’s CurrencyShares® Euro Trust and the Public Reference Room. ® CurrencyShares Japanese Yen Trust II. Self-Regulatory Organization’s September 18, 2015. Statement of the Purpose of, and Statutory Basis for, the Proposed Rule On July 30, 2015, NYSE Arca, Inc. Change (‘‘Exchange’’) filed with the Securities and Exchange Commission In its filing with the Commission, the (‘‘Commission’’), pursuant to Section self-regulatory organization included 19(b)(1) of the Securities Exchange Act statements concerning the purpose of, of 1934 (‘‘Act’’) 1 and Rule 19b–4 and basis for, the proposed rule change thereunder,2 a proposed rule change and discussed any comments it received relating to implementation of a fee on on the proposed rule change. The text securities lending and repurchase of those statements may be examined at transactions with respect to shares of the places specified in Item IV below. the CurrencyShares® Euro Trust and the The Exchange has prepared summaries, ® CurrencyShares Japanese Yen Trust, 3 See Securities Exchange Act Release No. 75698 set forth in sections A, B, and C below, which are currently listed and trading (Aug. 14, 2015), 80 FR 50701. 4 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). 1 15 U.S.C. 78s(b)(1). 5 Id. 2 15 U.S.C. 78a. 2 17 CFR 240.19b–4. 6 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4.
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of the most significant parts of such The Exchange believes that the NMM with references either to the term (i) statements. Pilot allows the Exchange to provide its ‘‘Exchange systems’’ when use of the market participants with a trading A. Self-Regulatory Organization’s term refers to the Exchange systems that venue that utilizes an enhanced market Statement of the Purpose of, and the receive and execute orders, or (ii) structure to encourage the addition of Statutory Basis for, the Proposed Rule ‘‘Exchange book’’ when use of the term liquidity, facilitate the trading of larger Change refers to the interest that has been orders more efficiently and operates to entered and ranked in Exchange 1. Purpose reward aggressive liquidity providers. systems. As part of the NMM Pilot, the The Exchange proposes to make The NMM Pilot further modified the Exchange eliminated the function of permanent the rules of the (1) New logic for allocating executed shares Market Model Pilot (‘‘NMM Pilot’’), (2) equity specialists on the Exchange and created a new category of market among market participants having the Supplemental Liquidity Providers trading interest at a price point upon Pilot (‘‘SLP Pilot’’), and (3) the UTP participant, the Designated Market Maker or DMM.7 DMMs, like specialists, execution of incoming orders. The Pilot (collectively, the ‘‘Pilots’’). The modified logic rewards displayed orders Pilots are currently scheduled to expire have affirmative obligations to make an orderly market, including continuous that establish the Exchange’s BBO. upon the earlier of October 31, 2015 or During the operation of the NMM Pilot, Securities and Exchange Commission quoting requirements and obligations to re-enter the market when reaching orders or portions thereof that establish (‘‘SEC’’ or ‘‘Commission’’) approval to priority 11 retain that priority until the make the Pilots permanent.4 across to execute against trading interest. Unlike specialists, DMMs have portion of the order that established Background a minimum quoting requirement 8 in priority is exhausted. Where no one In October 2008, the Exchange’s their assigned securities and no longer order has established priority, shares are affiliate the New York Stock Exchange have a negative obligation. DMMs are distributed among all market LLC (‘‘NYSE’’) implemented significant also no longer agents for public participants on parity. 9 changes to its market rules, execution customer orders. The NYSE SLP Pilot was launched in technology and the rights and In addition, the Exchange coordination with the NMM Pilot, obligations of its market participants implemented a system change that which established SLPs as a new class referred to as the ‘‘New Market Model’’ allowed DMMs to create a schedule of of market participants to supplement which were designed to improve additional non-displayed liquidity at the liquidity provided by DMMs.12 The execution quality on the NYSE.5 The various price points where the DMM is NYSE established the SLP Pilot to Exchange adopted the NMM Pilot willing to interact with interest and provide incentives for quoting, to pursuant to its merger with the NYSE.6 provide price improvement to orders in enhance competition among the existing The NYSE established the NMM Pilot the Exchange’s system. This schedule is group of liquidity providers, including to provide incentives for quoting, to known as the DMM Capital 10 the DMMs, and add new competitive enhance competition among the existing Commitment Schedule (‘‘CCS’’). CCS market participants. NYSE MKT Rule provides the Display Book® with the group of liquidity providers and to add 107B—Equities is based on NYSE Rule amount of shares that the DMM is a new competitive market participant. 107B. NYSE MKT Rule 107B—Equities willing to trade at price points outside, was filed with the Commission on 4 at and inside the Exchange Best Bid or See Securities Exchange Act Nos. 75533 (July December 30, 2009, as a ‘‘me too’’ filing 28, 2015), 80 FR 46083 (August 3, 2015) (SR– Best Offer (‘‘BBO’’). CCS interest is for immediate effectiveness as a pilot NYSEMKT–2015–52); 75534 (July 28, 2015), 80 FR separate and distinct from other DMM 46081 (August 3, 2015) (SR–NYSEMKT–2015–53); program.13 75535 (July 28, 2015), 80 FR 46078 (August 3, 2015) interest in that it serves as the interest (SR–NYSEMKT–2015–54). of last resort. Similarly, in 2010, the Exchange ® 5 See Securities Exchange Act Release No. 58845 The Display Book system is an order adopted NYSE MKT Rules 500–525— (October 24, 2008), 73 FR 64379 (October 29, 2008) management and execution facility that Equities as a pilot program governing (SR–NYSE–2008–46) (‘‘Release No. 58845’’). receives and displays orders to the the trading of any ‘‘UTP Securities’’ on 6 NYSE Euronext acquired The Amex the Exchange pursuant to unlisted Membership Corporation (‘‘AMC’’) pursuant to an DMMs, contains the order information, 14 Agreement and Plan of Merger, dated January 17, and provides a mechanism to execute trading privileges. The UTP Pilot was 2008 (the ‘‘Merger’’). In connection with the Merger, and report transactions and publish the also based on the NMM Pilot trading the Exchange’s predecessor, the American Stock results to the Consolidated Tape. The Exchange LLC (‘‘Amex’’), a subsidiary of AMC, ® 11 became a subsidiary of NYSE Euronext called NYSE Display Book system is connected to a See NYSE MKT Rule 72(a)(ii)—Equities. Alternext US LLC. See Securities Exchange Act number of other Exchange systems for 12 See NYSE Rule 107B and NYSE MKT Rule Release No. 58673 (September 29, 2008), 73 FR the purposes of comparison, 107B—Equities. The NYSE amended the monthly 57707 (October 3, 2008) (SR–NYSE–2008–60 and surveillance, and reporting information volume requirements to an average daily volume SR–Amex–2008–62) (approving the Merger); see (‘‘ADV’’) that is a specified percentage of NYSE also Securities Exchange Act Release Nos. 58705 to customers and other market data and consolidated ADV. See Securities Exchange Act (Oct. 1, 2008), 73 FR 58995 (Oct. 8, 2008) (SR– national market systems. Because the Release No. 67759 (August 30, 2012), 77 FR 54939 Amex–2008–63) (approving adoption of equities Exchange has retired the actual system (September 6, 2012) (SR–NYSE–2012–38). rules based on those of NYSE) and 59022 (Nov. 26, referred to as the ‘‘Display Book,’’ but 13 See Securities Exchange Act Release No. 61308 2008), 73 FR 73683 (Dec. 3, 2008) (SR–NYSEALTR– (January 7, 2010), 75 FR 2573 (January 15, 2010) not the functionality associated with the (SR–NYSEAmex–2009–98) (‘‘Release No. 61308’’). 2008–10) (amending equity rules to conform to ® NYSE NMM Pilot rules). Subsequently, NYSE Display Book , the Exchange proposes 14 See Securities Exchange Act Release No. 62479 Alternext US LLC was renamed NYSE Amex LLC, to replace all references to the term (July 9, 2010), 75 FR 41264 (July 15, 2010) (SR– which was then renamed NYSE MKT LLC and ‘‘Display Book®’’ in Rules 104 and 1000 NYSEAmex–2010–31) (‘‘UTP Pilot Approval continues to operate as a national securities Order’’). ‘‘UTP Securities’’ is included within the exchange registered under Section 6 of the definition of ‘‘security’’ as that term is used in the 7 Securities Exchange Act of 1934, as amended (the See NYSE MKT Rule 103—Equities. NYSE MKT Equities Rules. See NYSE MKT Rule ‘‘Act’’). See Securities Exchange Act Release Nos. 8 See NYSE MKT Rule 104—Equities. 3—Equities. In accordance with this definition, 59575 (March 13, 2009), 74 FR 11803 (March 19, 9 See NYSE MKT Rule 60—Equities; see also UTP Securities are admitted to dealings on the 2009) (SR–NYSEALTR–2009–24) and 67037 (May NYSE MKT Rules 104—Equities and 1000— Exchange on an ‘‘issued,’’ ‘‘when issued,’’ or ‘‘when 21, 2012), 77 FR 31415 (May 25, 2012) (SR– Equities. distributed’’ basis. See NYSE MKT Rule 501— NYSEAmex–2012–32). 10 See NYSE MKT Rule 1000—Equities. Equities.
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rules used by the Exchange and the 30, 2010.20 The Exchange filed to extend Commission’s findings in the NMM/SLP NYSE for listed equity securities.15 the operation of the Pilots on several Approval Order, and in particular that The UTP Pilot includes any security, occasions in order to prepare a rule the NYSE pilots operated as intended other than a security that is listed on the filing seeking permission to make the and are consistent with the Act, apply Exchange, that (i) is designated as an above described changes permanent, equally to the operation of the Pilots on ‘‘eligible security’’ pursuant to the ‘‘UTP most recently in July 2015.21 the Exchange. Similarly, the UTP Pilot Plan,’’ 16 (ii) has been admitted to has been operating on the Exchange for Proposal To Make the Pilots Permanent dealings on the Exchange pursuant to a the past five years based on the NMM grant of unlisted trading privileges in The NYSE adopted the NMM Pilot in Pilot trading rules the Commission accordance with Section 12(f) of the part to adapt the NYSE’s model to the recently approved for NYSE. Moreover, Act,17 and (iii) if it is an ‘‘Exchange equities market environment in place in in approving the UTP Pilot, the Traded Product’’ (‘‘ETP’’) that does not 2008. The Exchange adopted the NMM Commission acknowledged that the have any component security that is Pilot in its entirety as part of its merger rules relating to DMM benefits and listed or traded on the Exchange or the with the NYSE. Similarly, the Exchange duties in trading Nasdaq Securities on NYSE; provided, however, that the adopted the SLP Pilot to encourage an the Exchange pursuant to the UTP Pilot Invesco PowerShares QQQTM (the additional pool of liquidity at the are consistent with the Act 27 and noted ‘‘QQQ’’ TM) may be admitted to dealings Exchange following the approval of the the similarity to the NMM Pilot, on the Exchange pursuant to a grant of NMM Pilot. On July 31, 2015, the particularly with respect to DMM unlisted trading privileges although one Commission approved making the rules obligations and benefits.28 Further, the or more component securities of the associated with the NMM Pilot and SLP UTP Pilot rules pertaining to the QQQ may be listed or traded on the Pilot permanent on the NYSE (the assignment of securities to DMMs are Exchange or the NYSE, subject to the ‘‘NMM/SLP Approval Order’’).22 also substantially similar to the rules conditions of Rule 504(b)(5)—Equities. In its order, the SEC determined that implemented through the recently The NMM Pilot was originally each of the following key provisions of approved NMM Pilot.29 The Exchange scheduled to end on October 1, 2009,18 the NYSE NMM Pilot were consistent notes that making the UTP Pilot while the SLP Pilot was originally with the Act: (1) The changes to NYSE’s permanent would provide for the scheduled to be a six-month pilot priority and order allocation structure uninterrupted trading of UTP Securities program.19 The UTP Pilot was originally under NYSE Rule 72; 23 (2) the dealings on the Exchange on an unlisted trading scheduled to continue until September and responsibilities of DMMs, including privileges basis and thus continue to the affirmative obligation to market encourage the additional utilization of, 15 See Securities Exchange Act Release No. 61890 quality, the quoting obligation, the re- and interaction with, the Exchange, and (April 12, 2010), 75 FR 20401, 20402, n. 7 (April entry requirements following certain provide market participants with 19, 2010) (SR–NYSEAmex–2010–31) (noting that transactions for a DMM’s own account, improved price discovery, increased because several elements of the Exchange’s liquidity, more competitive quotes and proposal to trade Nasdaq Securities rely on the and, implicitly, the elimination of the NYSE’s NMM pilot, the Exchange proposed to ‘‘negative obligation’’ set forth in NYSE greater price improvement for UTP extend the duration of the UTP Pilot as needed to Rule 104; 24 and (3) the provisions Securities. track the NYSE’s NMM Pilot program and would related to DMM CCS interest set forth in For the foregoing reasons, the file for permanent approval at the same time or after 25 Exchange believes that making the the NYSE files for permanent approval of the NYSE Rule 1000. In addition, the NMM). Commission determined that the NYSE Pilots’ rules, as amended, permanent on 16 With respect to Nasdaq Securities, the term SLP Pilot, as part of the NYSE NMM the Exchange is appropriate. ‘‘UTP Plan’’ means the Joint Self-Regulatory Pilot, produced sufficient execution The Exchange also proposes to delete Organization Plan Governing the Collection, quality to attract volume and sufficient Rule 104T—Equities (Dealings by Consolidation and Dissemination of Quotation and DMMs), which is the pre-NMM Pilot Transaction Information for Nasdaq-listed incentives to liquidity providers to Securities Traded on Exchanges on an Unlisted supply this execution quality.26 version of Rule 104—Equities. Rule Trading Privilege Basis, as amended from time to The Exchange has operated the NMM 104T—Equities remains in the time, filed with and approved by the Commission. Pilot and SLP Pilot using the same rules, Exchange’s rule book, but is not See Securities Exchange Act Release No. 70953 operational. With permanent approval (November 27, 2013), 78 FR 72932 (December 4, the same trading systems, and operating 2013) (File No. S7–24–89). The Exchange’s in the same manner as the NYSE. The of current Rule 104—Equities, the need predecessor, the American Stock Exchange LLC, Exchange accordingly believes that the to retain Rule 104T—Equities is mooted. joined the UTP Plan in 2001. See Securities The Exchange also proposes to delete Exchange Act Release No. 55647 (April 19, 2007), 20 Supplementary Material .05 to Rule 72 FR 20891 (April 26, 2007) (File No. S7–24–89). See UTP Pilot Approval Order, 75 FR at 41265. In March 2009, the Exchange changed its name to 21 See note 4, supra. 104—Equities, and related reference to NYSE Amex LLC, and, in May 2012, the Exchange 22 See Securities Exchange Act Release No. 75578 that Supplementary Material in Rule subsequently changed its name to NYSE MKT LLC. (July 31, 2015), 80 FR 47008 (August 6, 2015) (SR– 104(a)(2)—Equities, because that rule See Securities Exchange Act Release Nos. 59575 NYSE–2015–26). 23 text was intended to be in effect only (March 13, 2009), 74 FR 11803 (March 19, 2009) See id., 80 FR at 47013. 30 (SR–NYSEALTR–2009–24) and 67037 (May 21, 24 See id. through October 31, 2009. 2012), 77 FR 31415 (May 25, 2012) (SR– 25 See id. In particular, the SEC concluded that Finally, the Exchange proposes to NYSEAmex–2012–32). With respect to all other the NYSE had shown that the NMM Pilot, which replace the reference to ‘‘NYSE UTP Securities, the term ‘‘UTP Plan’’ means the includes the parity provisions under NYSE Rule 72, Regulation’s Division of Market Consolidated Tape Association Plan for the produced sufficient execution quality to attract Surveillance’’ in Rule 104(k)—Equities Dissemination of Last Sale Prices of Transactions in volume and sufficient incentives to liquidity Eligible Securities, as amended from time to time, providers to supply this execution quality. filed with and approved by the Commission. See Similarly, the Commission concluded that the 27 See UTP Pilot Approval Order, 75 FR at 41270. Securities Exchange Act Release No. 10787 (May NYSE had shown that the NMM Pilot, which The Exchange considers the same to be true with 10, 1974), 39 FR 17799 (May 20, 1974) (declaring includes the DMM dealings and responsibilities respect to all UTP Securities in the UTP Pilot, the CTA Plan effective). See also Securities provisions and the CCS interest provisions of NYSE including for ETPs. Exchange Release No. 70794 (October 31, 2013), 78 Rules 104 and 1000, respectively, produced 28 See UTP Pilot Approval Order, 75 FR at 41271. FR 66789 (November 6, 2013) (SR–CTA–2013–05). sufficient execution quality to attract volume and 29 Id. 17 15 U.S.C. 78l. sufficient incentives to liquidity providers to 30 See Securities Exchange Act Release No. 60574 18 See Release No. 58845, 73 FR at 6904. supply this execution quality. See id. (Aug. 26, 2009), 74 FR 45506 (Sept. 2, 2009) (SR– 19 See Release No. 61308, 75 FR at 2573. 26 See id., 80 FR at 47014. NYSEAmex–2009–58) (Notice of Filing).
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with a reference to the Exchange. encourage the additional utilization of, interest; (ii) impose any significant Pursuant to Rule 0(c), references to the and interaction with, the Exchange and burden on competition; and (iii) become Exchange may mean references to NYSE provide customers with the premier operative for 30 days from the date on Regulation or FINRA, which performs venue for price discovery, liquidity, which it was filed, or such shorter time certain regulatory services to the competitive quotes, and price as the Commission may designate, the Exchange pursuant to a Regulatory improvement. proposed rule change has become Services Agreement. In addition, the Exchange believes effective pursuant to Section 19(b)(3)(A) The Exchange notes that the proposed that making the Pilots permanent would of the Act 34 and Rule 19b–4(f)(6) change is not otherwise intended to promote just and equitable principles of thereunder.35 address any other issues and the trade and remove impediments to and A proposed rule change filed Exchange is not aware of any problems perfect the mechanism of a free and pursuant to Rule 19b–4(f)(6) under the that member organizations would have open market because, as the Act 36 normally does not become in complying with the proposed rule Commission found in approving the operative for 30 days after the date of its change. NMM Pilot and SLP Pilot for the NYSE, filing. However, Rule 19b–4(f)(6)(iii) 37 2. Statutory Basis the rules strike the appropriate balance permits the Commission to designate a between the obligations and benefits of shorter time if such action is consistent The Exchange believes that the the Exchange’s market participants. with the protection of investors and the proposed rule change is consistent with Finally, the Exchange believes that it 31 public interest. The Exchange has asked Section 6(b) of the Act, in general, and is subject to significant competitive the Commission to waive the 30-day furthers the objectives of Section 6(b)(5) forces, as described below in the 32 operative delay so that the proposal may of the Act, in particular, because it is Exchange’s statement regarding the become operative immediately upon designed to prevent fraudulent and burden on competition. For these filing, noting that the proposed rule manipulative acts and practices, to reasons, the Exchange believes that the change is based on the approved rules promote just and equitable principles of proposal is consistent with the Act. of the NYSE, which are already trade, to foster cooperation and operative, and that making the Pilots coordination with persons engaged in B. Self-Regulatory Organization’s permanent would not alter trading on regulating, clearing, settling, processing Statement on Burden on Competition the Exchange. The Commission believes information with respect to, and In accordance with Section 6(b)(8) of the waiver of the operative delay is facilitating transactions in securities, to 33 the Act, the Exchange believes that the consistent with the protection of remove impediments to, and perfect the proposed rule change would not impose investors and the public interest. mechanisms of, a free and open market any burden on competition that is not Therefore, the Commission hereby and a national market system and, in necessary or appropriate in furtherance waives the operative delay and general, to protect investors and the of the purposes of the Act. The designates the proposal operative upon public interest and because it is not Exchange believes that making the filing.38 designed to permit unfair Pilots permanent would continue to At any time within 60 days of the discrimination between customers, foster competition among liquidity filing of the proposed rule change, the issuers, brokers, or dealers. providers and maintain execution Commission summarily may The Exchange believes the proposed quality on the Exchange. The Exchange rule change is consistent with these temporarily suspend such rule change if notes that it operates in a highly it appears to the Commission that such principles because it seeks to make competitive market in which market permanent Pilots and associated rule action is necessary or appropriate in the participants can easily direct their public interest, for the protection of changes that were previously approved orders to competing venues, including as permanent by the Commission based investors, or otherwise in furtherance of off-exchange venues. In such an the purposes of the Act. If the on findings that the NYSE NMM Pilot environment, the Exchange must and NYSE SLP Pilot have operated as Commission takes such action, the continually review, and consider Commission shall institute proceedings intended on the Exchange’s affiliate and adjusting the services it offers and the are consistent with the Act. Similarly, in to determine whether the proposed rule requirements it imposes to remain should be approved or disapproved. the case of the UTP Pilot, the Exchange competitive with other U.S. equity seeks to make permanent a pilot and exchanges. For the reasons described IV. Solicitation of Comments associated rule changes that is based on above, the Exchange believes that the Interested persons are invited to trading rules adopted as part of the proposed rule change reflects this submit written data, views, and recently approved NYSE NMM Pilot. competitive environment. The Exchange also believes the arguments concerning the foregoing, proposed rule change is designed to C. Self-Regulatory Organization’s including whether the proposed rule facilitate transactions in securities and Statement on Comments on the change is consistent with the Act. to remove impediments to, and perfect Proposed Rule Change Received From Members, Participants, or Others 34 15 U.S.C. 78s(b)(3)(A). the mechanisms of, a free and open 35 17 CFR 240.19b–4(f)(6). As required under Rule market and a national market system No written comments were solicited 19b–4(f)(6)(iii), the Exchange provided the because making the Pilots permanent or received with respect to the proposed Commission with written notice of its intent to file would provide market participants with rule change. the proposed rule change, along with a brief description and the text of the proposed rule a trading venue that encourages the change, at least five business days prior to the date addition of liquidity, facilitates the III. Date of Effectiveness of the Proposed Rule Change and Timing for of filing of the proposed rule change, or such trading of larger orders more efficiently, shorter time as designated by the Commission. operates to reward aggressive liquidity Commission Action 36 17 CFR 240.19b–4(f)(6). providers. The Exchange believes that Because the proposed rule change 37 17 CFR 240.19b–4(f)(6)(iii). making the Pilots permanent would does not (i) significantly affect the 38 For purposes only of waiving the 30-day operative delay, the Commission has also protection of investors or the public considered the proposed rule’s impact on 31 15 U.S.C. 78f(b). efficiency, competition, and capital formation. See 32 15 U.S.C. 78f(b)(5). 33 15 U.S.C. 78f(b)(8). 15 U.S.C. 78c(f).
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Comments may be submitted by any of DEPARTMENT OF STATE Susan Demske, Assistant Director for the following methods: Regulatory Affairs, Department of the [Public Notice: 9283] Treasury (202–622–4855). On U.S. Electronic Comments Determination Under Section 610 of Government procurement ban issues, • Use the Commission’s Internet the Foreign Assistance Act of 1961, as Eric Moore, Office of the Procurement comment form (http://www.sec.gov/ Amended Executive, Department of State (703– rules/sro.shtml); or 875–4079). Pursuant to the authority vested in me SUPPLEMENTARY INFORMATION: Pursuant • Send an email to rule-comments@ by section 610 of the Foreign Assistance to Section 73(a)(1) of the Arms Export sec.gov. Please include File Number SR– Act of 1961, as amended (the ‘‘Act’’), Control Act [22 U.S.C. 2797b(a)(1)]; NYSEMKT–2015–64 on the subject line. and the President’s Memorandum of Section 11B(b)(1) of the Export Paper Comments Delegation dated June 25, 2015, I hereby Administration Act of 1979 [50 U.S.C. determine it necessary for the purposes app. 2410b(b)(1)], as carried out under • Send paper comments in triplicate of the Act that the following funds be Executive Order 13222 of August 17, to Secretary, Securities and Exchange transferred to, and consolidated with, 2001 (hereinafter cited as the ‘‘Export Commission, 100 F Street NE., funds made available under chapter 4 of Administration Act of 1979’’); and Washington, DC 20549–1090. part II of the Act, and such funds are Executive Order 12851 of June 11, 1993, hereby so transferred and consolidated: All submissions should refer to File the U.S. Government determined on • Up to $12,468,000 of FY 2010 Number SR–NYSEMKT–2015–64. This September 11, 2015 that the following International Narcotics and Law file number should be included on the foreign persons have engaged in missile Enforcement (INCLE) funds to the subject line if email is used. To help the technology proliferation activities that Economic Support Fund (ESF) account; Commission process and review your require the imposition of the sanctions • Up to $13,000,000 in FY 2011 comments more efficiently, please use described in Sections 73(a)(2)(B) and (C) INCLE funds to the ESF account; and of the Arms Export Control Act [22 only one method. The Commission will • Up to $2,032,000 of FY 2014 post all comments on the Commission’s U.S.C. 2797b(a)(2)(B) and (C)] and INCLE-Overseas Contingency Sections 11B(b)(1)(B)(ii) and (iii) of the Internet Web site (http://www.sec.gov/ Operations (OCO) funds to the ESF– rules/sro.shtml). Copies of the Export Administration Act of 1979 [50 OCO account. U.S.C. app. 2410b(b)(1)(B)(ii) and (iii)] submission, all subsequent This determination shall be reported amendments, all written statements on these entities: to Congress and published in the Korea Mining and Development with respect to the proposed rule Federal Register. change that are filed with the Corporation (KOMID) (North Korea) and its sub-units and successors. Commission, and all written Dated: August 27, 2015. Hesong Trading Corporation (North communications relating to the John F. Kerry, Korea) and its sub-units and successors. proposed rule change between the Secretary of State. Accordingly, the following sanctions Commission and any person, other than [FR Doc. 2015–24271 Filed 9–23–15; 8:45 am] are being imposed on these entities for those that may be withheld from the BILLING CODE 4710–10–P two years: public in accordance with the (A) Denial of all new individual provisions of 5 U.S.C. 552, will be licenses for the transfer to the available for Web site viewing and DEPARTMENT OF STATE sanctioned entities of all items on the printing in the Commission’s Public [Public Notice: 9285] U.S. Munitions List and all items the Reference Room, 100 F Street NE., export of which is controlled under the Washington, DC 20549, on official Imposition of Missile Proliferation Export Administration Act; business days between the hours of 10 Sanctions on Two North Korean (B) Denial of all U.S. Government a.m. and 3 p.m. Copies of the filing will Entities contracts with the sanctioned entities; also be available for inspection and and copying at the principal office of the AGENCY: Bureau of International (C) Prohibition on the importation Exchange. All comments received will Security and Nonproliferation, into the U.S. of all products produced be posted without change; the Department of State. by the sanctioned entities. Commission does not edit personal ACTION: Notice. With respect to items controlled identifying information from pursuant to the Export Administration submissions. You should submit only SUMMARY: A determination has been Act of 1979, the above export sanction information that you wish to make made that North Korean entities have only applies to exports made pursuant available publicly. All submissions engaged in activities that require the to individual export licenses. should refer to File Number SR– imposition of measures pursuant to the Additionally, because North Korea is NYSEMKT–2015–64 and should be Arms Export Control Act, as amended, a country with a non-market economy submitted on or before October 15, and the Export Administration Act of that is not a former member of the 2015. 1979, as amended (as carried out under Executive Order 13222 of August 17, Warsaw Pact (as referenced in the For the Commission, by the Division 2001). definition of ‘‘person’’ in section of Trading and Markets, pursuant to 74(8)(B) of the Arms Export Control delegated authority.39 DATES: Effective date: September 24, Act), the following sanctions shall be 2015. applied for two years to all activities of Brent J. Fields, FOR FURTHER INFORMATION CONTACT: Pam the North Korean government relating to Secretary. Durham, Office of Missile, Biological, the development or production of [FR Doc. 2015–24216 Filed 9–23–15; 8:45 am] and Chemical Nonproliferation, Bureau missile equipment or technology and all BILLING CODE 8011–01–P of International Security and activities of the North Korean Nonproliferation, Department of State government affecting the development 39 17 CFR 200.30–3(a)(12). (202–647–4930). On import ban issues, or production of electronics, space
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systems or equipment, and military (50 U.S.C. 1601 et seq.), the Arms imports of defense articles and defense aircraft: Export Control Act (22 U.S.C. 2751 et services destined for the above-named (A) Denial of all new individual seq.), and Section 301 of title 3, United entities. licenses for the transfer to the States Code, and Executive Order 12938 Dated: September 17, 2015. government activities described above of November 14, 1994, as amended, the C.S. Eliot Kang, of all items on the U.S. Munitions List; U.S. Government determined on August (B) Denial of all U.S. Government Assistant Secretary of State for International 17, 2015 that the following two North Security and Nonproliferation, Acting. contracts with the government activities Korean entities have engaged in described above; and proliferation activities that warrant the [FR Doc. 2015–24274 Filed 9–23–15; 8:45 am] (C) Prohibition on the importation imposition of measures pursuant to BILLING CODE 4710–27–P into the U.S. of all products produced sections 4(b), 4(c), and 4(d) of Executive by the government activities described Order 12938: DEPARTMENT OF STATE above. Hesong Trading Corporation (North These measures shall be implemented Korea) [Public Notice: 9284] by the responsible departments and Korea Mining and Development agencies of the United States Corporation (KOMID) (North Korea) Determination Under Section 610 of Government as provided in Executive the Foreign Assistance Act of 1961 Order 12851 of June 11, 1993. Accordingly, pursuant to the provisions of Executive Order 12938, Pursuant to the authority vested in me Dated: September 17, 2015. the following measures are imposed on by section 610 of the Foreign Assistance C.S. Eliot Kang, these entities, and their subunits and Act of 1961, (the ‘‘Act’’), and the Assistant Secretary of State for International successors, for two years: President’s Memorandum of Delegation Security and Nonproliferation, Acting. 1. No departments or agencies of the dated August 28, 2015, I hereby [FR Doc. 2015–24275 Filed 9–23–15; 8:45 am] United States Government shall procure determine it necessary for the purposes BILLING CODE 4710–27–P or enter into any contract for the of the Act that the following funds be procurement of any goods, technology, transferred to, and consolidated with, or services from these entities including funds made available under chapter 4 of DEPARTMENT OF STATE the termination of existing contracts; part II of the Act, and such funds are [Public Notice: 9286] 2. No departments or agencies of the hereby so transferred and consolidated: United States government shall provide • $19,000,000 of FY 2014 Imposition of Nonproliferation any assistance to these entities, and International Narcotics Control and Law Measures on Two North Korean shall not obligate further funds for such Enforcement-Overseas Contingency Entities purposes; Operations (INCLE–OCO) funds to the 3. The Secretary of the Treasury shall AGENCY: Bureau of International Economic Support Fund-Overseas prohibit the importation into the United Contingency Operations (ESF–OCO) Security and Nonproliferation, States of any goods, technology, or Department of State. account. services produced or provided by these This determination shall be reported ACTION: Notice. entities, other than information or to Congress and published in the informational materials within the SUMMARY: The U.S. Government has Federal Register. meaning of section 203(b)(3) of the determined that two North Korean International Emergency Economic Dated: September 14, 2015. entities have engaged in proliferation Powers Act (50 U.S.C. 1702(b)(3)). John F Kerry, activities that warrant the imposition of These measures shall be implemented Secretary of State. measures pursuant to Executive Order by the responsible departments and [FR Doc. 2015–24268 Filed 9–23–15; 8:45 am] 12938 of November 14, 1994, as agencies as provided in Executive Order BILLING CODE 4710–10–P amended by Executive Order 13094 of 12938. July 28, 1998 and Executive Order In addition, pursuant to section 13382 of June 28, 2005. 126.7(a)(1) of the International Traffic in DEPARTMENT OF STATE DATES: Effective September 24, 2015. Arms Regulations, it is deemed that FOR FURTHER INFORMATION CONTACT: Pam suspending the above-named entities [Public Notice: 9282] Durham, Office of Missile, Biological, from participating in any activities 30-Day Notice of Proposed Information and Chemical Nonproliferation, Bureau subject to Section 38 of the Arms Export of International Security and Collection: Exchange Alumni Virtual Control Act would be in furtherance of Program Nonproliferation, Department of State the national security and foreign policy (202–647–4930). On import ban issues, of the United States. Therefore, for two ACTION: Notice of request for public Susan Demske, Assistant Director for years, the Department of State is hereby comment and submission to OMB of Regulatory Affairs, Department of the suspending all licenses and other proposed collection of information. Treasury (202–622–4855). On U.S. approvals for: (a) Exports and other Government procurement ban issues, transfers of defense articles and defense SUMMARY: The Department of State has Eric Moore, Office of the Procurement services from the United States to the submitted the information collection Executive, Department of State (703– above-named entities; (b) transfers of described below to the Office of 875–4079). U.S.-origin defense articles and defense Management and Budget (OMB) for SUPPLEMENTARY INFORMATION: Pursuant services from foreign destinations to the approval. In accordance with the to the authorities vested in the President above-named entities; and (c) temporary Paperwork Reduction Act of 1995 we by the Constitution and the laws of the import of defense articles to or from the are requesting comments on this United States of America, including the above-named entities. collection from all interested International Emergency Economic Moreover, it is the policy of the individuals and organizations. The Powers Act (50 U.S.C. 1701 et seq.) United States to deny licenses and other purpose of this Notice is to allow 30 (IEEPA), the National Emergencies Act approvals for exports and temporary days for public comment.
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DATES: Submit comments directly to the Please note that comments submitted SUMMARY: The FHWA announces a Office of Management and Budget in response to this Notice are public Notice of Funding Availability (NOFA) (OMB) up to October 26, 2015. record. Before including any detailed for a Pilot On-the-Job-Training ADDRESSES: Direct comments to the personal information, you should be Supportive Services (OJT/SS) Program Department of State Desk Officer in the aware that your comments as submitted, through the Ladders of Opportunity Office of Information and Regulatory including your personal information, Initiative in the amount of $3 million. Affairs at the Office of Management and will be available for public review. The FHWA seeks to award discretionary grants to State Departments of Budget (OMB). You may submit Abstract of Proposed Collection comments by the following methods: Transportation (State DOTs), or to other • Email: oira_submission@ The Exchange Alumni Virtual State agencies or local governments omb.eop.gov. You must include the DS Program provides a platform for former applying through their State DOTs as form number, information collection participants of U.S. government- subrecipients, in award amounts of up title, and the OMB control number in sponsored exchange programs to extend to $500,000 each. The FHWA may the subject line of your message. and multiply the impacts of their choose to fund the program for more or • Fax: 202–395–5806. Attention: Desk exchanges by virtually engaging with less than the announced amount, Officer for Department of State. foreign alumni and students. The including applying any future FOR FURTHER INFORMATION CONTACT: program supports critical foreign policy appropriated funds toward the projects Direct requests for additional goals, such as enhancing English proposed in response to this NOFA. information regarding the collection learning and the promotion of American This NOFA solicits proposals that listed in this notice, including requests culture and values abroad, particularly promote innovative, nationally and for copies of the proposed collection in countries where views of American regionally significant, highway instrument and supporting documents, culture may not always be positive. The construction workforce development to Megan Huber, Bureau of Educational program also provides American alumni programs that invest in America’s and Cultural Affairs; U.S. Department of with an opportunity to develop their economic growth and build ladders of State; SA–5, 2200 C Street NW., foreign language skills in critical opportunity into the middle class for Washington, DC 20522, who may be languages or other competencies gained American workers. The term ‘‘highway reached on 202–632–9487 or at alumni@ on their exchange programs, while construction workforce’’ should be read state.gov. continuing to deepen their own cultural broadly to encompass the workforce necessary to carry out activities eligible SUPPLEMENTARY INFORMATION: awareness and global skills. for funding under FHWA’s Surface • Title of Information Collection: The information is sought pursuant to Transportation Program (STP) at section Exchange Alumni Virtual Program. the Mutual Educational and Cultural • OMB Control Number: None. Exchange Act of 1961, as amended (also 133(b) of title 23, United States Code • Type of Request: New Collection. known as the Fulbright-Hays Act) (22 (U.S.C.). Applications should outline • Originating Office: Bureau of U.S.C. 2451 et seq.) areas of upcoming demand in the State’s Educational and Cultural Affairs, Respondents to this form are U.S. highway construction workforce and Alumni Affairs Division, ECA/P/A. government-sponsored exchange ensure that proposed programs would • Form Number: DS–7010. program alumni. Alumni Affairs collects train workers in skills to fill specific • Respondents: Exchange program data from program applicants in order to workforce shortages. alumni of U.S. government-sponsored determine eligibility and to choose the DATES: Complete proposals are due by exchange programs. best candidates for the program. 11:59 p.m., e.t. on December 23, 2015. • Estimated Number of Respondents: ADDRESSES: Methodology Applicants must submit all 100. proposals electronically through http:// • Estimated Number of Responses: Information will be collected www.grants.gov/. All entities intending 100. electronically, via the International to apply should initiate the process of • Average Time per Response: Exchange Alumni Web site, registering on the grants.gov Web site Approximately 30 minutes per alumni.state.gov. immediately to ensure registration response. Dated: September 16, 2015. before the submission deadline. • Total Estimated Burden Time: 50 Mark Taplin, Instructions for applying can be found hours. in the ‘‘FIND’’ module of grants.gov. • Frequency: On Occasion. Deputy Assistant Secretary, Bureau of • Educational and Cultural Affairs, Department Mail and fax submissions will not be Obligation to Respond: Voluntary. accepted. We are soliciting public comments to of State. permit the Department to: [FR Doc. 2015–24272 Filed 9–23–15; 8:45 am] FOR FURTHER INFORMATION PLEASE • Evaluate whether the proposed BILLING CODE 4710–05–P CONTACT: For further information information collection is necessary for concerning this notice please contact the proper functions of the Department. Martha Kenley, FHWA’s Office of Civil • Evaluate the accuracy of our DEPARTMENT OF TRANSPORTATION Rights, by email at martha.kenley@ estimate of the time and cost burden for dot.gov; by telephone at 202–366–8110; this proposed collection, including the Federal Highway Administration or by mail at Federal Highway validity of the methodology and Administration, 1200 New Jersey assumptions used. Notice of Funding Availability for the Avenue SE., Washington, DC 20590. For • Enhance the quality, utility, and Ladders of Opportunity Initiative: Pilot legal questions, please contact Jim clarity of the information to be On-the-Job-Training Supportive Esselman, FHWA Office of Chief collected. Services Program Counsel, by email at james.esselman@ • Minimize the reporting burden on AGENCY: Federal Highway dot.gov; by phone at 202–366–6181; or those who are to respond, including the Administration (FHWA), Department of by mail at Federal Highway use of automated collection techniques Transportation (DOT). Administration, 1200 New Jersey or other forms of information Avenue SE., Washington, DC 20590. ACTION: Notice of funding availability. technology. Office hours are from 8:00 a.m. to 4:30
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p.m. e.t., Monday through Friday, 3. Anticipated Announcement and Award • Targeting areas with high rates of except Federal holidays. Dates unemployment; F. Federal Award Administration • SUPPLEMENTARY INFORMATION: The encouraging increased participation 1. Federal Award Notices of minority groups, disadvantaged FHWA On-the-Job Training (OJT) 2. Administrative and National Policy Program, described at section 230.111 of Requirements individuals, and women; • providing career pathways that title 23, Code of Federal Regulations 3. Reporting support the movement of targeted (CFR), requires State DOTs to make full G. Federal Awarding Agency Contacts populations from initial or short-term use of apprenticeship and training H. Other Information employment opportunities to programs targeted to developing the 1. Protection of Confidential Business Information sustainable careers; skills of women, minorities, and • leveraging the use of other A. Program Description disadvantaged individuals and moving resources to support the proposed them into journey-level positions to 1. Authority project; ensure that a competent workforce is • addressing gaps in areas with available to meet highway construction Section 140(b) of title 23, U.S.C., authorizes FHWA’s OJT/SS Program, current or projected workforce shortages hiring needs. The OJT Program in fields related to highway addresses the historical under- under which FHWA funds State DOTs to undertake surface transportation and construction; representation of these groups in • pre-employment training/ technology training, including skill highway construction skilled crafts. The preparation/tracking; and improvement programs for workforce FHWA established the OJT/SS Program • recruitment and hiring. to: (a) Increase the overall effectiveness development. The FHWA’s regulation at of State DOTs’ on-the-job-training 23 CFR 230.113 sets forth requirements B. Federal Award Information requirements in connection with State DOTs must follow in 1. Available Funding and Expected Federal-aid highway construction implementing on-the-job training Awards projects; and (b) to seek other ways to supporting services authorized under 23 U.S.C. 140(b). Under these authorities, Through the Ladders of Opportunity increase the training opportunities for Initiative Pilot OJT/SS Program, FHWA women, minorities, and disadvantaged FHWA is issuing this NOFA for the Ladders of Opportunity Initiative Pilot seeks to award a total of $3 million individuals who have been historically through discretionary grants to State underrepresented in the industry. OJT/SS Program. The OJT programs eligible for supportive services under 23 DOTs, or to other State agencies or local Funding for OJT/SS derives from CFR 230.113 include training and governments applying through their section 140(b) of title 23, U.S.C., which apprenticeship programs approved by a State DOTs as subrecipients, in award authorizes DOT to direct not more than State’s FHWA Division Office, amounts of up to $500,000. The FHWA $10,000,000 per year toward surface registered apprenticeship programs may choose to fund the program for transportation and technology training. approved by the U.S. Department of more or less than the announced In recent years, FHWA has allocated Labor (USDOL) or a State amount, including applying any future OJT/SS funds annually to State DOTs Apprenticeship Agency (SAA) appropriated funds toward the projects through a formula process. That process recognized by the USDOL, or other proposed in response to this NOFA. will continue. training programs approved by the C. Eligibility Information Through this notice, FHWA USDOL. Approved projects will help to announces an opportunity for State bring American workers into the middle 1. Eligible Applicants DOTs, or for other State agencies or class and build critical skills to meet Eligible applicants are State DOTs. local governments applying through immediate and expected workforce Other State agencies or local their State DOTs as subrecipients, to demand in the highway construction governments may apply through their compete for supplementary OJT/SS industry. State DOTs as subrecipients. funds to foster increased focus on workforce development under DOT’s 2. Policy Priorities 2. Cost Sharing or Matching Ladders of Opportunity Initiative. The Ladders of Opportunity Initiative The funding announced by this NOFA Table of Contents Pilot OJT/SS Program seeks to provide was authorized by both SAFETEA–LU skills training for transportation workers and MAP–21. While there are no A. Program Description that will lead to journey-level careers minimum cost-share requirements, 1. Authority and/or the development of stackable FHWA will give greater weight to 2. Policy Priorities credentials for workers in the highway applications with higher non-Federal B. Federal Award Information construction industry. The FHWA is 1. Available Funding and Expected Awards cost share, or that designate the use of C. Eligibility Information seeking projects that create new Federal-aid highway funds under 23 1. Eligible Applicants nationally or regionally significant U.S.C. 504(e) toward proposed projects. workforce development programs or 2. Cost Sharing or Matching 3. Strategic Partnerships 3. Strategic Partnerships that augment or replicate successful 4. Other Eligibility Requirements existing programs that will benefit To be eligible for funding under this D. Application and Submission Information highway construction firms or the NOFA, applicants must commit to 1. AddressTo Request Application Package highway construction industry. While working in partnership with one or 2. Content and Form of Application either type of effort will be considered, more external strategic partner(s) with a Submission FHWA will likely give greater substantial interest and involvement in 3. Dun and Bradstreet Universal consideration to programs or the project. An external partner must be Numbering System (DUNS) and System an entity that has no direct relationship for Award Management (SAM) approaches with an existing track record 4. Submission Dates and Times of success. to the primary applicant. For example, 5. Funding Restrictions In evaluating proposed projects, the external partner may not be a E. Application Review Information FHWA will give priority to projects that department within the applicant’s 1. Criteria focus on one or more of the following organization. An external partner entity 2. Review and Selection Process activities: could include, but is not limited to:
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a. Educational institutions, which c. Application Limitations workforce investment boards, labor include entities providing professional Applicants, whether a State DOT or a organizations, contractors, educational accreditation, degree, and/or subrecipient applying through the State institutions, or other interested certification programs, such as DOT, may submit more than one stakeholders). Describe how the project universities, community colleges, or proposal. An applicant will not receive will specifically address the issue for trade schools; greater consideration as a result of the applying organization. Provide a b. public workforce investment submitting multiple proposals. description of the new or existing systems, such as local workforce program to be supported by the investment boards and their one-stop D. Application And Submission proposed project. Describe how the systems; Information project meets the policy priorities c. labor organizations, such as labor 1. Address To Request Application identified in Section A.2. of this NOFA. unions and labor management Package Explain why the specified approach is organizations; being taken as opposed to others and d. contractor associations; and/or This NOFA contains all information how its innovative aspects have e. non-profit organizations that needed to apply for the grant. potential for nationwide or regional support the mission of highway Applicants must submit proposals application. In addition to innovative construction and transportation electronically through http:// workforce practices, cite the unique workforce development. www.grants.gov. All entities intending features of the project, such as The applicant need not necessarily to apply should initiate the process of technological innovations, reductions in identify a particular strategic partner in registering on the grants.gov Web site cost or time, or social and community its application, but if it does not, it must immediately to ensure registration involvement. commit to soliciting proposals from before the submission deadline. Finally, identify uncertainties and potential partners to ensure the Instructions for applying can be found external factors that could affect the competitive nature of the program. in the ‘‘FIND’’ module of grants.gov. schedule, cost, or success of the Mail and fax submissions will not be program. The applicant may provide 4. Other Eligibility Requirements accepted. supporting documentation as an a. Allowable Activities 2. Content and Form of Application attachment that will not count toward the total page limit. The FHWA will Projects must provide direct support Submission consider such information to highway construction workforce The applicant should submit a project supplementary but will not necessarily development programs that are qualified narrative statement describing the consider it in the project selection under 23 CFR 230.111 (i.e., training or project objectives, proposed work tasks, process. apprenticeship programs approved by outputs, and benefits of the proposed the FHWA, registered apprenticeship project for which Federal assistance is c. Geographic Location, Target Groups, programs approved by the USDOL or an being requested. If the project is a and Emphasis Areas SAA, or other training programs proposal seeking support for an existing Give a precise location or locations of approved by the USDOL). The term program, it should describe the the project and identify the area(s) and ‘‘highway construction workforce’’ proposed project within the context of target group(s) to be directly served by should be read broadly to encompass the larger effort. the proposed effort. The applicant may the workforce necessary to carry out The narrative also should indicate attach maps or other graphic aids as activities eligible for funding under whether the applicant will provide needed. FHWA’s STP at 23 U.S.C. 133(b). matching funds, the expected duration Capital expenses, such as equipment of the project, and other information d. Strategic Partners purchases, are not considered to be that would assist FHWA in Applicants must commit to working eligible costs unless they directly relate understanding and evaluating the in partnership with one or more to the FHWA-funded workforce project. Each submission for a project external strategic partner(s) with a development program. Acceptable costs narrative statement should not exceed substantial interest and involvement in can include, but are not limited to: 10 pages (single-spaced, single-sided, 12 the project. An external partner must be Faculty/instructors, including salaries point font on 8.5 x 11 inch paper) and an entity that has no direct relationship and fringe benefits; support staff; must include the information listed to the primary applicant. For example, classroom space; books, materials, and below: the external partner may not be a supplies; and transportation stipends for department within the applicant’s a. Project Title, Objective(s), and participants. organization. An external partner entity Contact Person b. Unallowable Costs could include, but is not limited to: At the top of the document, state the (1) Educational institutions, which The FHWA funds under this program title of the project and provide 2–3 include entities providing professional are not intended as an offset to regular sentences describing the intended accreditation, degree, and/or State DOT or other applicant employee project goals and outcomes. List the certification programs, such as salaries and may not be used to cover contact person for the application along universities, community colleges, or the regular or overtime salaries of with his or her address, title, phone trade schools; applicant employees. Funds made number, fax number, and email address. (2) public workforce investment available under this program shall not systems, such as local workforce b. Statement of the Problem(s) be used to finance the training of investment boards and their one-stop applicant agency employees or to Characterize the workforce issue or systems; provide services in support of such problem present in the highway (3) labor organizations, such as labor training. Funds may be used to cover construction industry that the project unions and labor management the costs of staff directly engaged in a directly addresses, and describe how the organizations; and/or program management or training role at applicant identified the issue (i.e., (4) non-profit organizations that an agency. whether the applicant surveyed support the mission of highway
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construction and transportation i. Performance Measurement responsibilities among potential partner workforce development. Provide an approach for entities and an organizational chart, if The applicant need not necessarily demonstrating the local, national or applicable. Include responsibilities, identify a particular strategic partner in regional impact of the project on the such as regular reporting, performance its application, but if it does not, it must highway construction industry and measurement, and technical/ commit to soliciting proposals from broader employment opportunities, management interactions with FHWA. potential partners to ensure the including the number of jobs directly k. Project Staff competitive nature of the program. supported or created by the program. List all known key individuals who The proposal should include a e. Scope of Work will work on the project, along with description of the applicant’s plan for short descriptions of their appropriate Outline a plan of action, organized by recording the outcomes and reporting in technical expertise and experience. work task, pertaining to the scope and a Final Report at the end of the project. Attach resumes or curriculum vitae if detail of how the applicant will The Final Report should contain, at available. Project staff resumes or accomplish the proposed work. List minimum: estimated milestone dates for all major curriculum vitae will not count towards activities. The applicant should clearly (1) Number of Individuals Affected the total page count for proposal demonstrate the connection between Applicants should define ‘‘affected submissions. Describe how the each activity and the overall project individuals’’ in terms that make sense applicant will engage in a competitive objectives. The Scope of Work also for the proposed project. For example, process to solicit organizational partners should address supporting activities, other reported outcomes could include: and/or consultants. such as marketing plans for recruiting • Number of target individuals 3. Dun and Bradstreet Universal participants and/or dissemination (women, minorities, and disadvantaged Numbering System (DUNS) and System strategies for sharing the results, if such individuals) entered into the program; for Award Management (SAM) are critical to the success of the • number of individuals who Each applicant is required to (i) be program. successfully complete the program, achieve an applicable credential, etc.; registered in SAM before submitting its f. Final Deliverable • number of placed new workers and/ application; (ii) provide a valid DUNS number in its application; (iii) continue Proposals must describe at least one or advanced incumbent workers; • to maintain an active SAM registration final project deliverable and how it will number of retained workers after 90 days or some other relevant period. with current information at all times improve the state of the practice. Final during which it has an active Federal products and project deliverables must (2) Performance Metrics award or an application or plan under be made available at no cost to FHWA The FHWA prefers quantitative consideration by a Federal awarding and other agencies at the project’s close metrics but will consider qualitative agency. The FHWA may not make a for dissemination throughout the metrics if they are based on the Federal award to an applicant until the industry. Acceptable final products and experiences of those affected by the applicant has complied with all deliverables include but are not limited program (as opposed to the self- applicable DUNS and SAM to class materials, Web sites or software, assessment of the applicant or partner requirements. If an applicant has not recruitment materials, flyers, brochures agencies). Metrics could include, but are fully complied with the requirements by and reports. Additionally, written not limited to, survey results, exit the time FHWA is ready to make a quarterly progress reports and a final interviews, and longitudinal tracking of Federal award, FHWA may determine report are required. staff (during the period of performance that the applicant is not qualified to g. Period of Performance only). At least one performance metric receive a Federal award and use that is required. As part of the proposal, determination as a basis for making a Provide a schedule for completion of provide projections (for quantitative Federal award to another applicant. tasks assuming a total period of measures) or short hypotheses (for performance of up to 36 months. If the 4. Submission Dates and Times qualitative measures) of what type of applicant is proposing a phased plan, impact/performance FHWA could Complete proposals for the Ladders of describe the schedule for additional expect from the project. Opportunity Initiative Pilot OJT/SS phases on a separate page or separate Program must be submitted pages which will not be counted toward (3) A 1–2 Page Project Description electronically through the grants.gov the page maximum. The project description should state Web site by 11:59 p.m., e.t. on December h. Budget Proposal the project’s initial goals and measure 23, 2015. Late applications will not be achievements against those goals. This accepted. Applicants are encouraged to Provide a cost proposal indicating statement can also include ‘‘lessons begin the process of registration on the staffing levels, hours, and direct costs learned.’’ grants.gov Web site well in advance of for the total project and the amount of the submission deadline. Registration is funding requested from FHWA. The (4) A 1–2 Page Statement of a multi-step process, which may take proposal must describe the source and Applicability to Other Entities several weeks to complete before the amount of matching funds, if any. The applicant must describe how the submission of an application. The cost proposal also must set forth the project could be scaled and/or altered Applicants who are already registered nature and value of in-kind resources for application elsewhere once the on grants.gov may need to take steps to that team members will contribute, if project is complete, and what benefits keep their registration up to date before any. Provide a line-item budget for the could be realized by doing so. they submit a proposal. total project, with enough detail to indicate the various key components of j. Project Management 5. Funding Restrictions the project. The proposal must apply Describe the applicant’s proposed Costs incurred before the FHWA cost principles found in 2 CFR part 200, approach for managing and staffing the award are not eligible as project subpart E. project, including the distribution of expenses, and FHWA cannot
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retroactively approve a project. The d. Outcomes and Deliverables h. Strategy and Project Work Plan recipient or subrecipient may begin to The FHWA will evaluate the extent to incur project costs on the date that the The period of performance will be up which the applicant demonstrates a to 36 months from the date of execution grant agreement is executed. The FHWA results-oriented approach to managing expects grantees to implement the of the grant documents. This and operating the project. In particular, performance period includes all projects awarded as soon as possible FHWA will evaluate the extent to which and to fully expend grant funds during necessary implementation and start-up the applicant identifies an approach for activities, execution of the program, and the period of performance, recognizing demonstrating the local, national, or that full transparency and completion of final deliverables as regional impact of the project on the specified in the applicant’s Scope of accountability are required for all surface transportation industry and expenditures. Work. The FHWA will evaluate the broader employment opportunities, project work plan pursuant to the E. Application Review Information including the number of jobs directly following factors: supported or created by the program. 1. Criteria The FHWA prefers quantitative (1) The presentation of a coherent plan that demonstrates the applicant’s The FHWA will evaluate the metrics but will consider qualitative complete understanding of all the applications submitted according to the metrics if they are based on the activities, responsibilities, and costs criteria set forth below: experiences of those affected by the program (as opposed to the self- required to implement each phase of the a. Statement of Need assessment of the applicant or partner project and achieve projected outcomes; The FHWA will evaluate the extent to agencies). Metrics could include, but are (2) the demonstrated feasibility and which the project identifies a clear and not limited to, survey results, exit reasonableness of the timeline for specific industry need for the Federal interviews, and longitudinal tracking of accomplishing all necessary investment in the proposed highway staff (during the period of performance implementation activities, including the construction workforce development only). At least one performance metric ability to expeditiously begin training; activities and how well the proposed is required. As part of the proposal, and project addresses the policy priorities in provide projections (for quantitative (3) the extent to which the budget Section A.2. of this NOFA. An applicant measures) or short hypotheses (for aligns with the proposed work plan and must submit data and provide evidence qualitative measures) of what type of is justified with respect to the adequacy of the industry need and value for the impact/performance FHWA could and reasonableness of resources proposed program. expect from the project. requested. The FHWA will also evaluate the b. Innovation extent to which the applicant describes i. Project Management and The FHWA will evaluate the extent to the products and deliverables that will Organizational Capacity be produced as a result of the project which a project identifies a unique, The FHWA will evaluate the capacity activities. significant, or innovative approach to of the applicant to effectively staff and/ address workforce development issues e. Strategic Partnerships or oversee the proposed initiative and in the highway construction industry. Applicants must commit to working deliver the proposed outcomes, as well c. Furthering Ladders of Opportunity in partnership with one or more as the fiscal, administrative, and external strategic partner(s) with a performance management capacity to The FHWA will use the following implement the key components of this activity areas to evaluate the extent to substantial interest and involvement in the project. Applicants need not project. The FHWA also will evaluate which an applicant demonstrates how the track record of the applicant to this program or project can assist in necessarily identify a particular strategic partner in their applications, but if they implement projects of similar focus, building ladders of opportunity to the size, and scope. middle class by building pathways to do not, they must identify the job opportunities in the highway competitive process they intend to 2. Review and Selection Process construction field: follow for soliciting proposals from (1) Targeting areas with high rates of appropriate agencies, organizational A technical evaluation committee will unemployment; partners and/or consultants in support review proposals using the project selection criteria. Members of the (2) providing career pathways that of the proposed project. technical evaluation committee reserve support the movement of the targeted f. National Replicability the right to screen and rate the population from initial or short-term applications FHWA receives and to seek employment opportunities to The FHWA will evaluate whether the clarification from any applicant about sustainable careers; project has national or regional applicability and whether it will any statement in its application that (3) encouraging increased provide a replicable model of workforce FHWA finds ambiguous and/or to participation of minority groups, development practices. request additional documentation to be disadvantaged persons, and women; considered during the evaluation (4) leveraging the use of other g. Cost Sharing process to clarify information contained resources to support workforce Both SAFETEA–LU and MAP–21 within the proposal. After considering development; authorized the funding announced by the findings of the technical evaluation (5) addressing gaps in areas with this NOFA. While there are no committee, the FHWA Administrator current or projected workforce shortages minimum cost-share requirements, will determine the final selection and in fields related to highway FHWA will give greater weight to amount of funding for each project. The construction; applications with higher non-Federal FHWA may consider geographic (6) pre-employment training/ cost share, or that designate the use of diversity and the applicant’s receipt of preparation/tracking; and Federal-aid highway funds under 23 other discretionary awards in its award (7) recruitment and hiring. U.S.C. 504(e) toward proposed projects. decisions.
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F. Federal Award Administration that are accepted by industry practice the application process before the Information and standards, to the extent possible. If submission deadline. Instructions for the application includes information applying can be found on FTA’s Web 1. Federal Award Notices you consider to be a trade secret or site at http://www.fta.dot.gov/grants/ After FHWA has selected the confidential commercial or financial 13077.html and in the ‘‘find’’ module of proposals to be funded, it will notify information, the applicant should do the grants.gov. Mail and fax submissions successful applicants by email or following: (1) Note on the front cover will not be accepted. telephone of their status. In addition, that the submission ‘‘Contains FOR FURTHER INFORMATION CONTACT: FHWA will publish a notice in the Confidential Business Information Sean Ricketson, FTA Office of Research Federal Register announcing successful (CBI)’’; (2) mark each affected page Demonstration and Innovation, 202– applicants. Upon notification of intent ‘‘CBI’’; and (3) highlight or otherwise 366–6678 or [email protected]. to award funds, FHWA may withdraw denote the CBI portions. SUPPLEMENTARY INFORMATION: its offer to provide Federal assistance if The FHWA protects such information the recipient or subrecipient does not from disclosure to the extent allowed Table of Contents commence its competitive process to under applicable law. In the event A. Program Description solicit partners and/or consultants FHWA receives a Freedom of B. Federal Award Information consistent with its proposal submission Information Act (FOIA) request for the C. Eligibility Information within 90 days following the date of the information, FHWA will follow the D. Application and Submission Information offer. procedures described in its FOIA E. Application Review 2. Administrative and National Policy regulations at 49 CFR 7.17. Only F. Federal Award Administration G. Federal Awarding Agency Contacts Requirements information that is ultimately determined to be confidential under that All awards will be administered A. Program Description procedure will be exempt from pursuant to the Uniform Administrative The Low and No Emission Vehicle disclosure under FOIA. Requirements, Cost Principles, and Deployment (LoNo) Program provides Audit Requirements for Federal Awards Authority: 23 U.S.C. 140(b). funding for transit agencies for capital found in 2 CFR part 200. Applicable Issued: September 18, 2015. acquisitions and leases of zero-emission Federal laws, rules, and regulations set Gregory G. Nadeau, and low-emission transit buses, forth in title 23, U.S.C., and title 23 of Administrator, Federal Highway including acquisition, construction, and the CFR, apply. Administration. leasing of required supporting facilities The successful applicant shall grant [FR Doc. 2015–24245 Filed 9–23–15; 8:45 am] such as recharging, refueling, and FHWA, upon request, the right of access maintenance facilities. BILLING CODE 4910–22–P to all records and the right to audit all The main purpose of the LoNo aspects of the project. Program is to deploy the cleanest and The successful applicant, and all DEPARTMENT OF TRANSPORTATION most energy efficient U.S.-made transit partners and consultants shall be buses that have been largely proven in required to submit non-collusion Federal Transit Administration testing and demonstrations but are not certifications. yet widely deployed in transit fleets. FY15 Discretionary Funding 3. Reporting The LoNo Program is a capital program Opportunity: Low or No Emission focused on deploying new production The FHWA requires the successful Vehicle Deployment Program (LoNo) vehicles that are market-ready or near applicant to submit quarterly written Program market-ready. It is not a program for reports to FHWA, containing statistical designing and developing prototypes. AGENCY: Federal Transit Administration data and narrative sufficient to evaluate The program gives priority (FTA), DOT. the progress of the project and to consideration to the deployment of identify any problems. The FHWA also ACTION: Notice of Funding Availability buses with the lowest energy requires the successful applicant to (NOFA) and for Request for Proposals consumption and least harmful submit a detailed final report at the (RFP). emissions, including direct carbon project end, containing statistical data emissions. and narrative sufficient to evaluate SUMMARY: The Federal Transit whether the project met its projected Administration (FTA) announces the B. Federal Award Information outcomes. availability of $22.5 million of Fiscal The Moving Ahead for Progress in the Year (FY) 2015 funds for the G. Federal Awarding Agency Contacts 21st Century Act (MAP–21), Public Law deployment of low or no emission 112–141, July 6, 2012, amended 49 For general program information, transit buses. Of that amount, a U.S.C. 5312 to add a new paragraph please use the contact information in minimum of $3.0 million is available for (d)(5) authorizing FTA to make grants to the front of this notice. Please contact supporting facilities and related finance eligible projects under the ‘‘Low the grants.gov helpdesk for assistance equipment. If additional funding is or No Emission Vehicle Deployment with electronic applications via email at appropriated for this program in FY Program’’ (LoNo Program). [email protected] or call toll-free at 2016, FTA may, at its discretion, also The Consolidated and Further (800) 518–4726. make those funds available under this Continuing Appropriations Act, 2015 announcement. H. Other Information (FY 2015 Appropriations) Public Law DATES: Complete proposals must be 113–235, December 16, 2014, has made 1. Protection of Confidential Business submitted electronically through the available $22.5 million in FY 2015 to Information grants.gov ‘‘Apply’’ function by carry out the LoNo Program. Of that All information submitted as part of November 23, 2015. Prospective amount, a minimum of $3.0 million is or in support of any application shall applicants should initiate the process by available for supporting facilities and use publicly available data or data that registering on the GRANTS.GOV Web related equipment. Given that projects can be made public and methodologies site promptly to ensure completion of must be competitively selected pursuant
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to 49 U.S.C. 5312(d)(5)(E), if additional Federal Government’s participation in that produces lower non-methane funding is appropriated for this program the costs of leasing or acquiring a transit hydrocarbons (NMHC) and oxides of in FY 2016, FTA may, at its discretion, bus financed under the LoNo Program is nitrogen (NOX) than are legally apply those funds to either scale up limited to 85 percent of the total transit permitted under EPA’s engine standards selections made under this bus cost. The proposer may seek a lower at 49 CFR part 86. announcement, or to fund meritorious Federal contribution. All transit buses proposed for proposals that were not selected for lack Further, the Federal Government’s deployment under the LoNo Program of FY 2015 funding. participation in the cost of leasing or must complete current FTA bus testing acquiring transit bus-related equipment for production transit buses pursuant to C. Eligibility Information and facilities under the LoNo Program is 49 U.S.C. 5318. The FTA will only 1. Eligible Applicants limited to 90 percent of the net project evaluate proposals for production transit buses that have either completed The FTA will consider projects from cost of the equipment or facilities attributable to compliance with the testing or will be tested prior to eligible applicants located in eligible deployment. The LoNo Program is not a areas, as defined in 49 U.S.C 5312(d). Clean Air Act. The Federal Share is limited to 80 platform for the development of Eligible areas are limited to non- percent for the cost of equipment and prototypes. attainment and maintenance areas. facilities not attributable to compliance Specifically, an eligible area is defined D. Application and Submission with the Clean Air Act. Again, the as an area that is: Information proposer may seek a lower Federal (i) Designated as a nonattainment area contribution. 1. Address To Request Application for ozone or carbon monoxide under Therefore, at a minimum, the Package section 107(d) of the Clean Air Act (42 proposer must provide at least 15 U.S.C. 7407(d)); or A complete proposal submission will percent of the cost of all transit bus (ii) A maintenance area, as defined in consist of at least two files: (1) The acquisitions and 10 percent of the cost section 5303, for ozone or carbon SF424 Mandatory form (downloaded for all related equipment and facilities. monoxide. from GRANTS.GOV) and (2) the Eligible applicants and recipients 3. Eligible Projects Applicant and Proposal Profile under this program are limited to supplemental form for LoNo funding The following projects are eligible for (Supplemental Form) found on designated recipients in eligible areas funding, in accordance with section over 200,000 in population and State grants.gov and the FTA Web site by 5312(d)(5)(A)(ii): clicking (or copying and pasting) the Departments of Transportation (DOTs) (i) Acquiring or leasing low or no LoNo Program link at http:// for eligible areas under 200,000 in emission transit buses; www.fta.dot.gov/grants/13077.html. The population. State DOTs must apply for (ii) Constructing or leasing facilities Supplemental Form provides guidance and administer the proposal and if and related equipment for low or no and a consistent format for proposers to selected, subsequent grant, for projects emission transit buses; located in eligible areas under 200,000 (iii) Constructing new public respond to the criteria outlined in this in population. transportation facilities to accommodate NOFA. For more information about low or no emission transit buses; or, 2. Content and Form of Application Designated Recipients, please see FTA (iv) Rehabilitating or improving Submission Circular 9030.1E, ‘‘Urbanized Area existing public transportation facilities Formula Program: Program Guidance to accommodate low or no emission (i) Proposal Submission and Application Instructions’’, January transit buses. A complete proposal submission 16, 2014, Chapter II, which can be found consists of a minimum of two forms: on FTA’s Web site in its Law Library. 4. Eligible Vehicles The SF424 Mandatory Form and the For information about non-attainment Proposals for bus acquisitions should Supplemental Form. The Supplemental and maintenance areas, please visit the result in the deployment of at least five Form must be placed in the attachments Environmental Protection (5) new transit buses per location. section of the SF424 Mandatory Form. Administration’s Greenbook, at http:// Proposals for supporting facilities Proposers must use the Supplemental www.epa.gov/airquality/greenbook/. should support at least five (5) buses. Form designated for the LoNo Program Eligible applicants may apply on Buses must be largely identical. To be and attach it to the submission in behalf of eligible subrecipients, to eligible, vehicles must be production GRANTS.GOV to successfully complete include other public transportation transit buses used to provide public the application process. providers, tribes, and a project team transportation and meet either the zero- A proposal submission may contain member identified in the proposal and emission bus, or the low emission bus additional supporting documentation as deemed a ‘‘Key Party’’ by FTA. Project definition below. attachments. If an applicant elects to teams may include consultants, For the purposes of this solicitation, attach an additional proposal narrative, manufacturers, vendors, systems a zero-emission transit bus is defined as it must not exceed 10 numbered pages. integrators and facilities providers. a bus that produces no direct carbon Submissions must be presentable and Tribes and other FTA direct recipients emissions and no particulate matter use standard fonts, font sizing, and at should work with State DOTs or eligible emissions under any and all possible least one-inch margins so the designated recipients in their area to operational modes and conditions. A information can easily be read by the apply on their behalf. hydrogen fuel-cell bus qualifies as a reviewers. zero-emission bus. A battery-electric bus Within 48 hours after submitting an 2. Cost Sharing or Matching qualifies as a zero-emission transit bus. electronic application, the applicant The FTA has determined that all A zero-emission bus and a no emission should receive three email messages eligible expenses under this program are bus are the same. from grants.gov: (1) Confirmation of attributable to compliance with the For the purposes of this solicitation, successful transmission to grants.gov, Clean Air Act. Therefore under the a low emission bus is defined as any (2) confirmation of successful validation provisions of 49 U.S.C. 5323(i) the transit bus that is powered by an engine by grants.gov, and (3) confirmation of
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successful validation by FTA. If and ensure that the federal and local q. A project schedule outlining steps confirmations of successful validation amounts specified are consistent. through completion, including are not received or a notice of failed significant milestones; and (ii) Application Content validation or incomplete materials is r. The proposed deployment received, the applicant must address the The SF424 Mandatory Form and the location(s). reason for the failed validation, as Supplemental Form will prompt applicants for the required information, 3. Unique Entity Identifier and System described in the email notice, and for Award Management (SAM) resubmit before the submission including: deadline. If making a resubmission for a. Applicant name; Registration in Brief any reason, include all original b. Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) Registration can take as little as 3–5 attachments regardless of which business days, but since there could be attachments were updated and check number if available. (Note: If selected, applicant will be required to provide unexpected steps or delays (for the box on the supplemental form example, if you need to obtain an indicating this is a resubmission. DUNS number prior to award); c. Key contact information (including Employer Identification Number), FTA The FTA urges proposers to submit contact name, address, email address, recommends allowing ample time, up to applications at least 72 hours prior to phone and fax number; several weeks, for completion of all the due date to allow time to receive the d. Description of services provided by steps. validation messages and to correct any the agency, including areas served; STEP 1: Obtain DUNS Number problems that may have caused a e. Congressional district(s) where the rejection notification. The FTA will not deployment will take place; Same day. If requested by phone (1– accept submissions after the stated f. A list of project team organizational 866–705–5711) DUNS is provided deadline. Grants.gov scheduled members, by organization name and immediately. If your organization does maintenance and outage times are address; not have one, you will need to go to the announced on the grants.gov Web site. g. A Letter of Commitment from each Dun & Bradstreet Web site at http:// Deadlines will not be extended due to organizational member of the project fedgov.dnb.com/webform to obtain the scheduled Web site maintenance. team; number. *Information for Foreign Proposers are encouraged to begin the h. A description of the technical, legal Registrants. *Webform requests take 1– process of registration on the grants.gov and financial capacity of the applicant 2 business days. and partners to carry out the proposed site well in advance of the submission STEP 2: Register With SAM deadline. Registration is a multi-step project; process, which may take several weeks i. A description of the project and Three to five business days or up to to complete before an application can be how it meets the program purpose, two weeks. If you already have a TIN, submitted. Registered proposers may including any related projects funded your SAM registration will take 3–5 still be required to take steps to keep under other sources; business days to process. If you are their registration up to date before j. A description of the transit bus applying for an EIN please allow up to submissions can be made successfully: model(s) proposed, including two weeks. Ensure that your (1) Registration in the System for Award propulsion type, operating ranges, organization is registered with the Management (SAM) is renewed recharging/refueling requirements, and System for Award Management (SAM). annually; and, (2) persons making whether it qualifies as a zero-emission If your organization is not, an submissions on behalf of the Authorized bus under this notice; authorizing official of your organization k. A listing of all greenhouse gas and Organization Representative (AOR) must register. criteria pollutants that may be emitted must be authorized in grants.gov by the by the bus; STEP 3: Username & Password AOR to make submissions. Instructions l. A description of required support Same day. Complete your AOR on the grants.gov registration process facilities and infrastructure in existence, (Authorized Organization are provided in the Appendix. being procured through other programs, Representative) profile on Grants.gov Applicants that submit multiple and being proposed through this and create your username and projects in one proposal must be sure to program; password. You will need to use your clearly define each project by m. A description of the applicant’s organization’s DUNS Number to completing a separate Supplemental commitment to deploying a zero- complete this step. https:// Form for each project. emission or low emission fleet and how apply07.grants.gov/apply/OrcRegister. Information such as proposer name, this project contributes to the agency’s Federal amount requested, local match future plans. STEP 4: AOR Authorization amount, description of areas served, etc. n. A project management plan; *Same day. The E-Business Point of may be requested in varying degrees of o. A line-item budget. The budget Contact (E-Biz POC) at your detail on both the SF424 form and should be at least for the minimum 5 organization must login to Grants.gov to Supplemental Form. Proposers must fill bus deployment and show the source of confirm you as an Authorized in all fields unless stated otherwise on funds (requested under this NOFA, local Organization Representative (AOR). the forms. The Supplemental Form share, other Federal (identify source)). Please note that there can be more than template supports pasting copied text For projects that propose to use LoNo one AOR for your organization. In some from other documents; applicants Program funds solely for the cases the E-Biz POC is also the AOR for should verify that pasted text is fully incremental costs, the applicants’ an organization. *Time depends on captured on the Supplemental Form and budget should detail the other sources responsiveness of your E-Biz POC. has not been truncated by the character of funding supporting the bus limits built into the form. Proposers procurement. Budgets must also identify STEP 5: TRACK AOR STATUS should use both the ‘‘Check Package for the amount that is specifically being At any time, you can track your AOR Errors’’ and the ‘‘Validate Form’’ requested for facilities and equipment; status by logging in with your username validation buttons on both forms to p. If the project can be scaled, a and password. Login as an Applicant check all required fields on the forms, scaling plan; (enter your username & password you
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obtained in Step (3) using the following revenue service but is not yet widely b. The projected emissions of the link: applicant_profile.jsp. deployed in transit agency fleets proposed transit bus model, including (meeting the purpose of the program) greenhouse gas and Criteria (EPA- 4. Submission Dates and Times and the quality of the supporting regulated) emissions. Project proposals must be submitted evidence. Note that a bus model’s transit c. The extent to which the proposal electronically through GRANTS.GOV by revenue service demonstration need not leverages or expands a fleet of zero- November 23, 2015. Mail and fax take place in the United States. The FTA emission transit buses. submissions will not be accepted. prefers bus models that have been d. The extent to which the proposal 5. Funding Restrictions successfully demonstrated in the United builds on past or current Federally- States, but the documented demands of funded research efforts. Funds under this NOFA cannot be the transit service and the quality of iii. Transit Agency and Community used to reimburse projects for otherwise documentation of the bus model’s eligible expenses incurred prior to FTA Commitment performance is more important than award of a Grant Agreement or whether the demonstration took place in Overcoming the challenges of Cooperative Agreement unless FTA has the United States. deploying new technology requires issued a ‘‘Letter of No Prejudice’’ for the b. To meet the requirements of section leadership and commitment. The FTA project before the expenses are incurred. 5312(d)(5)(F), priority consideration seeks both prospective and existing 6. Other Submission Requirements will be given to projects that support operators of clean technology buses who bus models with the greatest reduction can demonstrate the technical capacity If possible, FTA asks that proposals and commitment required for sustained for bus projects be scalable upwards in in energy consumption and harmful emissions, including direct carbon successful deployments. Transit increments of 1 or 2 transit buses so agencies who are already industry FTA can allocate all available funding emissions, when compared to other buses. A zero-emission bus project, for leaders should emphasize and under the LoNo Program, including FY demonstrate their commitment to 2016 funds if these become available example, will receive priority consideration over a project that supporting and deploying the cleanest and FTA elects to apply them to and most energy efficient buses proposals received under this proposes buses that produce some level of emissions. available. announcement. To help FTA allocate a. Proposals will be evaluated by the c. The proposed bus model will be program funding, applicants are extent to which they demonstrate the evaluated by the status of its FTA Bus encouraged to identify how the transit agency’s and the community’s Testing report; if bus testing is not proposed budgets are scalable. In ongoing and long-term commitment to complete, proposals will be evaluated addition, the FTA must allocate a the deployment of a zero-emission bus by the demonstrated commitment to minimum of $3.0 million for supporting fleet. facilities and related equipment. complete transit bus testing prior to bus b. Transit agencies should highlight Therefore, applicants are encouraged to delivery. their technical capacity and include a facilities and related d. The proposed bus model will be commitment for applying the resources equipment component to their proposal evaluated by whether there is sufficient necessary for success, including how with a scalable budget for facilities and documentation that it meets Buy- they will train the agency’s workforce to equipment. This will enable FTA to America domestic content requirements. support clean bus technology. In this ensure the $3.0 million minimum can e. Zero-emission bus technology, regard, proposals will be evaluated by be met with a given portfolio of selected while ready for wider deployment, is the extent to which they demonstrate projects. Applicants should use the still developing in many respects. It is the transit agency’s consideration of, separate budget section on the important that proposed bus models and commitment to, workforce Supplemental Form to itemize any advance bus technology that will development and training in support of portion of the proposed project that is contribute to the further zero-emission technology. specifically for related facilities and commercialization of zero-emission c. In order to maximize LoNo Program equipment. buses. Therefore proposed bus models impact, FTA seeks to build on existing All proposals should describe how will be evaluated by the extent to which transit bus procurements, where the proposed project fits with long term they advance technology that can lead possible. Therefore, the selection goals of creating and deploying a zero- to better or less costly zero-emission process will prioritize proposals that emission bus fleet. buses. leverage other funds such that LoNo E. Application Review Note: If no bus acquisition is being Program funds are used to cover only proposed (such as in a proposal for facilities the incremental cost of procuring the 1. Selection Criteria and equipment only) all four Bus Model proposed transit bus model above that The FTA will use the following criteria (a–d) must still be addressed, of a more conventional higher-emission describing the bus model that the proposed transit bus. Therefore proposals will be primary selection criteria when facilities and equipment would support. evaluating competing projects eligible evaluated by the extent to which they under this program: ii. Project Effectiveness offer a method to use program funds to cover only the incremental cost of the i. Bus Model The following four criteria address the proposed bus model or facility over the The bus model is a priority likelihood the proposal will be effective cost of a transit bus or facility of a more consideration of the LoNo program. The in meeting critical considerations of the widely deployed propulsion system. proposed bus model must receive at LoNo program: least a ‘‘Recommended’’ rating for a a. The likelihood the project will iv. Safety proposal to be recommended for result in, or support, the successful Safety considerations are critical in funding. deployment of at least five largely- the deployment of new technology, to a. The proposed bus model will be identical qualified transit buses ensure public and worker safety and to evaluated on the extent to which it has operating in a single geographic protect public and private investment. been successfully demonstrated in location. Therefore proposals will be evaluated
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by the extent to which they demonstrate document the results of the project as adjustment of the project scope and an understanding of, and make part of an FTA project evaluation effort. budget of any proposal selected for accommodation for, the safety funding. Such adjustments shall not 2. Review and Selection Process considerations of the proposed bus constitute a material alteration of any technology. A technical evaluation committee aspect of the proposal that influenced comprised of FTA staff and the proposal evaluation or decision to v. Technical Capacity representatives of other collaborative fund the project. To reduce project risk, the following government agencies will review project The FTA considers the competitive criteria will assist FTA to determine the proposals against the described nature of LoNo Program proposal technical capacity of the project team: evaluation criteria. The technical selection to constitute adequate a. The extent to which the proposal evaluation committee reserves the right competition for the purpose of satisfying identifies by name a comprehensive to evaluate proposals it receives and to third-party contracting requirements project team, including transit agencies, seek clarification from any proposer applicable to the procurement of bus manufacturers, and facilities about any statement that is made in a proposed transit bus models by selected providers, as well as systems proposal that FTA finds ambiguous. The applicants. The FTA makes this integrators, and project management FTA may also request additional determination with respect to the consultants. documentation or information to be funding provided through this NOFA The FTA encourages the use of considered during the evaluation and any other Federal funds that may be experienced project management process. After the evaluation of all involved in the selected LoNo bus consultants on project teams especially eligible proposals, the technical acquisition proposal. if the transit agency involved lacks evaluation committee will provide Further, FTA reserves the right to experience with the technology being project recommendations to the FTA name any or all proposed project team proposed. In the event that an applicant Administrator. The FTA Administrator members as a ‘‘Key Party’’ and to make or transit agency has a pending will determine the final list of project any award conditional upon the procurement or an open procurement selections, and the amount of funding participation of the ‘‘Key Party.’’ A ‘‘Key for the same type of transit bus that for each project. To better evaluate Party’’ is essential to the project as qualifies under this NOFA and the technologies in a variety of conditions approved by FTA and, is, therefore, agency wishes to expand the and locales, FTA may select a portfolio eligible for a noncompetitive award by procurement through the LoNo Program, of geographically diverse projects. the project sponsor to provide the goods or services described in the proposal. FTA recognizes that identifying all F. Federal Award Administration project team members could contradict Participation by members of the ‘‘Key or delay the procurement process. 1. Federal Award Notice Party’’ on a selected project may not Therefore, identifying all project team later be substituted without FTA’s Subsequent to an announcement by approval. members is not required. Applicants in the FTA Administrator of the final this or similar situations are strongly project selections posted on the FTA 3. Administrative and National Policy encouraged to apply and in such case Web site, FTA will publish a list of the Requirements the lack of identified team members will selected projects, including Federal Except as otherwise provided in this not be penalized by FTA. Instead, the dollar amounts and recipients. Project NOFA, grants or cooperative agreements applicant should cite the procurement recipients should contact their FTA are subject to the requirements of 49 as evidence of ongoing interest and Regional Offices for information about U.S.C. 5307 as described in the latest commitment. This clarification applies setting up grant agreements with FTA. FTA Circular 9030.1 for the Urbanized to procurements of vehicles that qualify Area Formula Program. Additionally, under this NOFA. 2. Award Administration under the LoNo Program FTA may, at its b. The extent to which the proposal Successful proposals will be awarded discretion, consider exceptions to assist identifies and demonstrates the through FTA’s Transit Award in the commercialization of zero- technical capacity and commitment of Management System (TrAMS) as either emission bus technology, such as agencies, partners or teams with Cooperative Agreements or Grant modifying spare ratio or useful life expertise in the sustained successful Agreements, at FTA’s discretion. requirements. The FTA will not deployment of similar projects or Proposals that expand existing consider any requests for bus testing propulsion technologies. procurements will likely be handled waivers. vi. Project Management consistently with the agreement All transit buses and related supporting the existing procurement. infrastructure and facilities under the The applicant must demonstrate the The appropriate FTA Regional Office in LoNo Program must be Buy-America capacity to carry out the project through consultation with the FTA Research compliant pursuant to 49 U.S.C. 5323(j) a project management plan that shows: Office will manage project agreements. and its implementing regulations. The a. The applicant is in a fundable Applicants must sign and submit FTA will not consider any Buy America status for the FTA grant award; current Certifications and Assurances waivers under the LoNo Program. b. A viable project approach, budget, before FTA may award funding under a and schedule; Cooperative Agreement or Grant 4. Reporting c. There are no outstanding legal, Agreement for a competitively selected The legislation that created the LoNo technical, or financial issues with the project. If the applicant has already Program requires FTA to evaluate all applicant that would make this a high- submitted the annual Certifications and projects in the program. Therefore, the risk project; Assurances for the fiscal year in which applicant must agree to participate and d. The source(s) of local share and the award will be made in TrAMS, they cooperate with FTA project evaluation that the funds are available for prompt do not need to be resubmitted. activity. Evaluation activity that FTA project implementation if selected; and, To enhance the value of the portfolio expects applicants to perform includes e. The applicant has the ability and of the projects to be implemented, FTA collecting and providing raw, unaltered commitment to collect information and reserves the right to request an vehicle performance and maintenance
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data, meeting with FTA evaluators or SUMMARY: Pursuant to United States Travel Regulations, members are FTA’s evaluation representative on a Code, Title 31, section 5135 (b), the reimbursed for their travel and lodging quarterly basis, and providing United States Mint is accepting expenses to attend meetings. Members evaluators access to the project site and applications for appointment to the are Special Government Employees and to project team members, when Citizens Coinage Advisory Committee are subject to the Standards of Ethical requested by FTA. The FTA Research (CCAC) for a new member specially Conduct for Employees of the Executive Office is sensitive to the importance of qualified to serve on the CCAC by virtue Branch (5 CFR part 2653). proprietary information and has a of his or her education, training, or successful record of accommodating experience in numismatics. The CCAC The United States Mint will review all those concerns. was established to: submissions and will forward its D recommendations to the Secretary of the G. Federal Awarding Agency Contacts Advise the Secretary of the Treasury on any theme or design proposals Treasury for appointment consideration. For further information concerning relating to circulating coinage, bullion Candidates should include specific this notice please contact the (LoNo) coinage, Congressional Gold Medals, skills, abilities, talents, and credentials Program staff via email at and national and other medals produced to support their applications. The [email protected], or call Sean by the United States Mint. United States Mint is interested in Ricketson at 202–366–6678. A TDD is D Advise the Secretary of the Treasury candidates who have demonstrated available for individuals who are deaf or with regard to the events, persons, or leadership skills, have received hard of hearing at 1–800–877–8339. In places that the CCAC recommends to be recognition by their peers in their field addition, DOT will post answers to commemorated by the issuance of of interest, have a record of questions and requests for clarifications commemorative coins in each of the five participation in public service or on DOT’s Web site at www.fta.dot.gov. calendar years succeeding the year in activities, and are willing to commit the To ensure applicants receive accurate which a commemorative coin time and effort to participate in the information about eligibility or the designation is made. CCAC meetings and related activities. program, the applicant is encouraged to D Make recommendations with Application Deadline: October 9, contact DOT directly, rather than respect to the mintage level for any through intermediaries or third parties, commemorative coin recommended. 2015. with questions. DOT staff may also Total membership consists of 11 Receipt of Applications: Any member conduct briefings on the LoNo program voting members appointed by the of the public wishing to be considered discretionary grants selection and award Secretary of the Treasury: for participation on the committee process upon request. D One person specially qualified by should submit a resume and cover letter H. Other Information virtue of his or her education, training, describing his or her reasons for seeking The applicant assures that it will or experience as nationally or and qualifications for membership, by comply with all applicable Federal internationally recognized curator in the email to [email protected], by fax to 202– statutes, regulations, executive orders, United States of a numismatic 756–6525, or by mail to the United FTA Circulars, and other Federal collection; States Mint; 801 9th Street NW.; D administrative requirements in carrying One person specially qualified by Washington, DC 20220, Attn: Greg out any project supported by the FTA virtue of his or her experience in the Weinman. Submissions must be agreement. The applicant acknowledges medallic arts or sculpture; postmarked no later than Friday, D One person specially qualified by that it is under a continuing obligation October 9, 2015. virtue of his or her education, training, to comply with the terms and Notice Concerning Delivery of First- conditions of the agreement executed or experience in American history; D Class and Priority Mail: First-class mail with FTA for its project. The applicant One person specially qualified by to the United States Mint is put through understands that Federal laws, virtue of his or her education, training, regulations, policies, and administrative or experience in numismatics; an irradiation process to protect against practices might be modified from time D Three persons who can represent biological contamination. Support to time and may affect the the interests of the general public in the materials put through this process may implementation of the project. The coinage of the United States; and suffer irreversible damage. We applicant agrees that the most recent D Four persons appointed by the encourage you to consider using Federal requirements will apply to the Secretary of the Treasury on the basis of alternate delivery services, especially project, unless FTA issues a written the recommendations by the U.S. House when sending time-sensitive material. determination otherwise. and Senate leadership. Members are appointed for a term of FOR FURTHER INFORMATION CONTACT: Matthew J. Welbes, four years. No individual may be William Norton, United States Mint Executive Director. appointed to the CCAC while serving as Liaison to the CCAC; 801 Ninth Street [FR Doc. 2015–24231 Filed 9–23–15; 8:45 am] an officer or employee of the Federal NW.; Washington, DC 20220; or call BILLING CODE P Government. 202–354–7458. The CCAC is subject to the direction Dated: September 16, 2015. of the Secretary of the Treasury. Richard A. Peterson, DEPARTMENT OF THE TREASURY Meetings of the CCAC are open to the public and are held approximately six to Deputy Director for Manufacturing and United States Mint eight times per year. The United States Quality, United States Mint. Mint is responsible for providing the [FR Doc. 2015–24129 Filed 9–23–15; 8:45 am] Request for Citizens Coinage Advisory necessary support, technical services, BILLING CODE P Committee Membership Application and advice to the CCAC. CCAC members are not paid for their time or ACTION: Notice. services, but, consistent with Federal
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Part II
Department of the Interior
Fish and Wildlife Service 50 CFR Part 20 Migratory Bird Hunting; Final Frameworks for Late-Season Migratory Bird Hunting Regulations; Final Rule
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DEPARTMENT OF THE INTERIOR 20.107, 20.109, and 20.110 of subpart K. subpart K of title 50 CFR part 20 to set Major steps in the 2015–16 regulatory hunting seasons, hours, areas, and limits Fish and Wildlife Service cycle relating to open public meetings for early seasons. and Federal Register notifications were On August 25, 2015, we published in 50 CFR Part 20 also identified in the April 13 proposed the Federal Register (80 FR 51658) the rule. Further, we explained that all [Docket No. FWS–HQ–MB–2014–0064; proposed frameworks for the 2015–16 FF09M21200–156–FXMB1231099BPP0] sections of subsequent documents late-season migratory bird hunting outlining hunting frameworks and regulations. This document establishes RIN 1018–BA67 guidelines were organized under final frameworks for late-season numbered headings and that subsequent migratory bird hunting regulations for Migratory Bird Hunting; Final documents refer only to numbered items the 2015–16 season. There are no Frameworks for Late-Season Migratory requiring attention. Therefore, it is substantive changes from the August 25 Bird Hunting Regulations important to note that we omit those proposed rule. We will publish State items requiring no attention, and AGENCY: Fish and Wildlife Service, selections in the Federal Register as remaining numbered items appear Interior. amendments to §§ 20.101 through discontinuous and incomplete. 20.107, and 20.109 of title 50 CFR part ACTION: Final rule. On June 11, 2015, we published in the 20. Federal Register (80 FR 33223) a second SUMMARY: The Fish and Wildlife Service document providing supplemental Population Status and Harvest (Service or we) prescribes final late- proposals for early- and late-season season frameworks from which States In the August 25 proposed rule we migratory bird hunting regulations. The provided preliminary information on may select season dates, limits, and June 11 supplement also provided other options for the 2015–16 migratory the status and harvest of waterfowl detailed information on the proposed excerpted from various reports. For bird hunting seasons. These late seasons 2015–16 regulatory schedule and include most waterfowl seasons, the more detailed information on announced the Service Regulations methodologies and results, you may earliest of which commences on Committee (SRC) and Flyway Council September 26, 2015. The effect of this obtain complete copies of the various meetings. reports at the address indicated under final rule is to facilitate the States’ On June 24–25, 2015, we held open FOR FURTHER INFORMATION CONTACT or selection of hunting seasons and to meetings with the Flyway Council from our Web site at http:// further the annual establishment of the Consultants, at which the participants www.fws.gov/migratorybirds/ late-season migratory bird hunting reviewed information on the current regulations. status of migratory shore and upland NewsPublicationsReports.html. DATES: This rule takes effect on game birds and developed Review of Public Comments and September 24, 2015. recommendations for the 2015–16 Flyway Council Recommendations ADDRESSES: States should send their regulations for these species plus regulations for migratory game birds in The preliminary proposed season selections to: Chief, Division of rulemaking, which appeared in the Migratory Bird Management, U.S. Fish Alaska, Puerto Rico, and the Virgin Islands; special September waterfowl April 13, 2015, Federal Register, and Wildlife Service, MS: MB, 5275 opened the public comment period for Leesburg Pike, Falls Church, VA 22041– seasons in designated States; special sea duck seasons in the Atlantic Flyway; migratory game bird hunting 3803. You may inspect comments regulations. The July 21, 2015, Federal received on the migratory bird hunting and extended falconry seasons. In addition, we reviewed and discussed Register, discussed the regulatory regulations during normal business preliminary information on the status of alternatives for the 2015–16 duck hours at the Service’s office at 5275 waterfowl as it relates to the hunting season. Late-season comments Leesburg Pike, Falls Church, VA 22041– development and selection of the are summarized below and numbered in 3803. You may obtain copies of regulatory packages for the 2015–16 the order used in the April 13 Federal referenced reports from the street regular waterfowl seasons. On July 21, Register. We have included only the address above, or from the Division of 2015, we published in the Federal numbered items pertaining to late- Migratory Bird Management’s Web site Register (80 FR 43266) a third document season issues for which we received at http://www.fws.gov/migratorybirds/, specifically dealing with the proposed written comments. Consequently, the or at http://www.regulations.gov at frameworks for early-season regulations. issues do not follow in successive Docket No. FWS–HQ–MB–2014–0064. On July 29–30, 2015, we held open numerical order. FOR FURTHER INFORMATION CONTACT: Ron meetings with the Flyway Council We received recommendations from W. Kokel, U.S. Fish and Wildlife Consultants, at which the participants all four Flyway Councils. Some Service, Department of the Interior, MS: reviewed the status of waterfowl and recommendations supported MB, 5275 Leesburg Pike, Falls Church, developed recommendations for the continuation of last year’s frameworks. VA 22041–3803; (703) 358–1714. 2015–16 regulations for these species. Due to the comprehensive nature of the SUPPLEMENTARY INFORMATION: On August 21, 2015, we published in annual review of the frameworks the Federal Register (80 FR 51090) a performed by the Councils, support for Regulations Schedule for 2015 final rule which contained final continuation of last year’s frameworks is On April 13, 2015, we published in frameworks for early migratory bird assumed for items for which no the Federal Register (80 FR 19852) a hunting seasons from which wildlife recommendations were received. proposal to amend 50 CFR part 20. The conservation agency officials from the Council recommendations for changes proposal provided a background and States, Puerto Rico, and the Virgin in the frameworks are summarized overview of the migratory bird hunting Islands selected early-season hunting below. Wherever possible, they are regulations process, and addressed the dates, hours, areas, and limits. discussed under headings establishment of seasons, limits, and Subsequently, on September 1, 2015, we corresponding to the numbered items in other regulations for hunting migratory published a final rule in the Federal the April 13, 2015, Federal Register game birds under §§ 20.101 through Register (80 FR 52645) amending documents.
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General choice for the Pacific Flyway should be D. Special Seasons/Species Management Written Comments: A commenter based on the status of this western iii. Black Ducks protested the entire migratory bird mallard breeding stock, while the Council Recommendations: The hunting regulations process, the killing regulatory choice for the Mississippi Atlantic and Mississippi Flyway of all migratory birds, and status and and Central Flyways should depend on Councils recommended that the Service habitat data on which the migratory bird the status of the redefined mid- follow the International Black Duck hunting regulations are based. continent mallard stock. We also AHM Strategy for 2015–16. Service Response: Our long-term recommend that the regulatory choice objectives continue to include providing for the Atlantic Flyway continue to Service Response: In 2012, we opportunities to harvest portions of depend on the status of eastern adopted the International Black Duck certain migratory game bird populations mallards. AHM Strategy (77 FR 49868; August 17, and to limit harvests to levels For the 2015–16 hunting season, we 2012). The formal strategy is the result compatible with each population’s are continuing to consider the same of 14 years of technical and policy ability to maintain healthy, viable regulatory alternatives as those used last decisions developed and agreed upon numbers. Having taken into account the year. The nature of the ‘‘restrictive,’’ by both Canadian and U.S. agencies and zones of temperature and the ‘‘moderate,’’ and ‘‘liberal’’ alternatives waterfowl managers. The strategy distribution, abundance, economic has remained essentially unchanged clarifies what harvest levels each value, breeding habits, and times and since 1997, except that extended country will manage for and reduces lines of flight of migratory birds, we framework dates have been offered in conflicts over country-specific believe that the hunting seasons the ‘‘moderate’’ and ‘‘liberal’’ regulatory regulatory policies. Further, the strategy provided for herein are compatible with alternatives since 2002 (67 FR 47224; allows for attainment of fundamental the current status of migratory bird July 17, 2002). Also, in 2003, we agreed objectives of black duck management: populations and long-term population to place a constraint on closed seasons resource conservation, perpetuation of goals. Additionally, we are obligated to, in the Mississippi and Central Flyways hunting tradition, and equitable access and do, give serious consideration to all whenever the mid-continent mallard to the black duck resource between information received as public breeding-population size (as defined Canada and the United States while comment. While there are problems prior to 2008; traditional survey area accommodating the fundamental inherent with any type of representative plus Minnesota, Michigan, and sources of uncertainty, partial management of public-trust resources, Wisconsin) was >5.5 million (68 FR controllability and observability, we believe that the Flyway-Council 37362; June 23, 2003). This constraint structural uncertainty, and system of migratory game bird subsequently was revised in 2008 to environmental variation. The management has been a longstanding >4.75 million to account for the change underlying model performance is example of State-Federal cooperative in the definition of mid-continent assessed annually, with a management since its establishment in mallards to exclude birds from Alaska comprehensive evaluation of the entire 1952. However, as always, we continue and the Old Crow Flats area of the strategy (objectives and model set) to seek new ways to streamline and Yukon Territory (73 FR 43293; July 24, planned after 6 years. A copy of the improve the process. 2008). strategy is available at the address The optimal AHM strategies for mid- indicated under FOR FURTHER 1. Ducks continent, eastern, and western mallards INFORMATION CONTACT, or from our Web Categories used to discuss issues for the 2015–16 hunting season were site at http://www.fws.gov/ related to duck harvest management are: calculated using: (1) Harvest- migratorybirds/ (A) General Harvest Strategy, (B) management objectives specific to each NewsPublicationsReports.html. Regulatory Alternatives, (C) Zones and mallard stock; (2) the 2015 regulatory For the 2015–16 season, the optimal Split Seasons, and (D) Special Seasons/ alternatives; and (3) current population country-specific regulatory strategies Species Management. The categories models and associated weights. Based were calculated in September 2014 correspond to previously published on this year’s survey results of 11.79 using: (1) The black duck harvest issues/discussion, and only those million mid-continent mallards objective (98 percent of long-term containing substantial recommendations (traditional survey area minus Alaska cumulative harvest); (2) 2015–16 are discussed below. and the Old Crow Flats area of the country-specific regulatory alternatives; Yukon Territory, plus Minnesota, (3) parameter estimates for mallard A. General Harvest Strategy Wisconsin, and Michigan) and 4.15 competition and additive mortality; and Council Recommendations: The million ponds in Prairie Canada, 0.73 (4) 2014 estimates of 0.619 million Atlantic, Mississippi, Central, and million eastern mallards (0.19 million breeding black ducks and 0.445 million Pacific Flyway Councils recommended and 0.54 million respectively in breeding mallards in the core survey the adoption of the ‘‘liberal’’ regulatory northeast Canada and the northeastern area. The optimal regulatory choices are alternative. United States), and 0.73 million western the moderate package in Canada and the Service Response: We continue to use mallards (0.26 million in California- restrictive package in the United States. adaptive harvest management (AHM) Oregon and 0.47 million in Alaska), the iv. Canvasbacks protocols that allow hunting regulations optimal regulatory choice for all four to vary among Flyways in a manner that Flyways is the ‘‘liberal’’ alternative. Council Recommendations: The recognizes each Flyway’s breeding- Therefore, we concur with the Atlantic, Mississippi, Central, and ground derivation of mallards. In 2008, recommendations of the Atlantic, Pacific Flyway Councils recommended we described and adopted a protocol for Mississippi, Central, and Pacific Flyway a full season for canvasbacks with a 2- regulatory decision-making for the Councils regarding selection of the bird daily bag limit. Season lengths newly defined stock of western mallards ‘‘liberal’’ regulatory alternative and will would be 60 days in the Atlantic and (73 FR 43290; July 24, 2008). For the adopt the ‘‘liberal’’ regulatory Mississippi Flyways, 74 days in the 2015–16 hunting season, we continue to alternative, as described in the July 21, Central Flyway, and 107 days in the believe that the prescribed regulatory 2015, Federal Register. Pacific Flyway.
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Service Response: Since 1994, we the ‘‘liberal’’ alternative with a 2-bird minor change to the High Plains Mallard have followed a canvasback harvest daily bag limit. Management Unit (HPMMU) boundary strategy whereby if canvasback in Kansas. vi. Scaup population status and production are Service Response: As we stated in sufficient to permit a harvest of one Council Recommendations: The 2011 (76 FR 54052, August 30, 2011), canvasback per day nationwide for the Atlantic, Mississippi, Central, and we do not support the modification of entire length of the regular duck season, Pacific Flyway Councils recommended the boundary of the HPMMU in Kansas. while still attaining an objective of use of the ‘‘moderate’’ regulation We note that the boundary has been in 500,000 birds the following spring, the package, consisting of a 60-day season place since the 1970s, and is sufficiently season on canvasbacks should be with a 2-bird daily bag in the Atlantic clear for enforcement of waterfowl opened. A partial season would be Flyway, a 60-day season with a 3-bird hunting regulations. Further, we do not permitted if the estimated allowable daily bag limit in the Mississippi believe sufficient biological information harvest was below that associated with Flyway, 74-day season with a 3-bird is available to warrant changes to the a 1-bird daily bag limit for the entire daily bag limit in the Central Flyway, boundary at the scales proposed. season. If neither of these conditions and an 86-day season with a 3-bird daily However, if the Flyway Council believes can be met, the harvest strategy calls for bag limit in the Pacific Flyway. the demographics of ducks have a closed season on canvasbacks Service Response: In 2008, we changed and may warrant a change in nationwide. In 2008 (73 FR 43290; July adopted and implemented a new scaup the boundary, we suggest that an 24, 2008), we announced our decision to harvest strategy (73 FR 43290 on July assessment of data should be conducted modify the canvasback harvest strategy 24, 2008, and 73 FR 51124 on August that could inform a change at the to incorporate the option for a 2-bird 29, 2008) with initial ‘‘restrictive,’’ Management Unit level. We understand daily bag limit for canvasbacks when ‘‘moderate,’’ and ‘‘liberal’’ regulatory the Council’s position that this is a the predicted breeding population the packages adopted for each Flyway. small change; however, we do not subsequent year exceeds 725,000 birds. The 2015 breeding population believe that small, incremental changes This year’s spring survey resulted in estimate for scaup is 4.40 million, to the boundary are the proper approach an estimate of 757,000 canvasbacks and which is similar to the 2014 estimate. to the perceived changes in duck 4.15 million Canadian ponds. The An optimal regulatory strategy for scaup distribution or to provide hunter canvasback harvest strategy predicts a was calculated with an objective of opportunity. achieving 95 percent of maximum long- 2016 canvasback breeding population of 4. Canada Geese 727,000 birds under a liberal duck term cumulative harvest and updated season with a 2-bird daily bag limit. model parameters and their relative B. Regular Seasons weights. Based on this year’s breeding Because the predicted 2016 spring Council Recommendations: The canvasback population under a liberal population estimate of 4.40 million, the optimal regulatory choice for scaup is Atlantic Flyway Council recommended 2-bird-bag season is greater than that New Jersey be permitted to change 725,000, and since the recommended the ‘‘moderate’’ package in all four Flyways. the designation of their Coastal Zone duck season under AHM is liberal, the from an Atlantic Population (AP) to an harvest strategy stipulates that there ix. Youth Hunt Atlantic Flyway Resident Population should be a full canvasback season with Council Recommendations: The (AFRP) Canada goose zone for the next a 2-bird daily bag limit. Atlantic Flyway Council recommended 3-year period (2015–17). Frameworks v. Pintails allowing the States to use their for the AFRP Zone would be 80 days definitions of age for youth hunters as between the fourth Saturday in October Council Recommendations: The the age requirement for participation in and February 15, with daily bag and Atlantic, Mississippi, Central, and youth hunting days. possession limits of 5 and 15 Canada Pacific Flyway Councils recommended The Mississippi Flyway Council geese, respectively. The season could be a full season for pintails, consisting of recommended changing the hunting age split into 3 segments. a 2-bird daily bag limit and a 60-day for the special season framework for The Pacific Flyway Council season in the Atlantic and Mississippi youth waterfowl hunting days to recommended the following changes to Flyways, a 74-day season in the Central include youth hunters 17 years of age or goose season frameworks for the Pacific Flyway, and a 107-day season in the younger. Flyway: Pacific Flyway. The Central Flyway Council 1. In Oregon and Washington, modify Service Response: The current derived recommended that we allow States to frameworks to close the season for pintail harvest strategy was adopted by use their established definitions of age dusky Canada geese in Oregon’s the Service and Flyway Councils in for youth hunters as the age requirement Northwest Permit Zone and 2010 (75 FR 44856; July 29, 2010). For for participation in youth hunting days, Washington’s Southwest Permit Zone, this year, an optimal regulatory strategy not to include anyone over the age of 17. and restrict beginning goose shooting for pintails was calculated with: (1) An Service Response: Given that these hours to no earlier than sunrise in objective of maximizing long-term recommendations would not take effect Oregon’s Northwest Permit Zone and cumulative harvest, including a closed- until the 2016–17 season, our desire for Washington’s Southwest Permit Zone. season constraint of 1.75 million birds; unanimity between the Councils, and 2. In Oregon, expand the Northwest (2) the regulatory alternatives and that at least one Flyway Council has yet Permit Zone to include the Northwest associated predicted harvest; and (3) to take action, we are deferring our Zone, and modify the Tillamook County current population models and their decision on the Councils’ Special Management Area by reducing relative weights. Based on this year’s recommendations until the October the area from all of Tillamook County to survey results of 3.04 million pintails 2015 SRC meeting. only that area currently described as observed at a mean latitude of 55.9 and closed to goose hunting. a latitude-adjusted breeding population x. Mallard Management Units 3. In Washington, modify frameworks of 4.16 million birds, the optimal Council Recommendations: The to eliminate the special late season and regulatory choice for all four Flyways is Central Flyway Council recommended a extend the regular season to March 10
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in Areas 2A and 2B (Southwest Permit season rather than operate a quota estimated number of Aleutian Canada Zone), eliminate the Aleutian goose bag- system with mandatory hunter reporting geese is 165,952, well above the limit restriction in Area 2B, and expand at check stations. Secondary purposes population objective of 60,000 geese. the Southwest Permit Zone to include were to increase the number of days Also, the 1-Aleutian daily bag limit all of Clark County (2A) and Grays goose hunting can be used as a tool to restriction regulation is difficult for Harbour County (2B). help alleviate goose depredation hunters to comply with and to enforce. 4. In Idaho, modify the frameworks to complaints and help reduce We agree that removal of the Aleutian create a new zone by removing Bear overabundant goose populations, and to Canada goose bag limit restriction Lake County and Caribou County, minimize burden on hunters to comply within the overall Canada goose daily except that portion within the Fort Hall with regulations intended to minimize bag limit (currently proposed at 4 geese) Indian Reservation, from Zone 2 and the take of dusky geese. will simplify regulations. Further, we do renaming these counties Zone 4. Regular Canada goose seasons in the not expect that removing the special Service Response: The Atlantic Permit Zones of Oregon and Washington Aleutian bag limit restriction within the Flyway Council revised criteria used to will remain subject to a memorandum of overall Canada goose bag limit to delineate new AFRP Canada goose understanding entered into with the increase harvest of Aleutian Canada harvest areas and evaluate AFRP Service regarding monitoring the geese appreciably. seasons for the 2015–17 seasons. We impacts of take during the regular In Washington, a special late Canada agree with the Council that the Coastal Canada goose season on the dusky goose season has been offered in Areas Zone in New Jersey meets the new Canada goose population. Existing 2A and 2B (Southwest Permit Zone). criteria as an AFRP zone. The additional monitoring programs of dusky Canada The special late goose season could be days and increased bag limit will allow geese provide total abundance, held between the Saturday following the for the harvest of additional AFRP productivity, and apparent adult annual close of the general goose season, which Canada geese. survival rates. Abundance data can be was the last Sunday in January, and We agree with the Pacific Flyway used to evaluate current population March 10. Eliminating the special late Council’s recommendations to close the status, while productivity and survival season and extending the regular season dusky Canada goose season and restrict rate data can be used in a population to March 10 in Areas 2A and 2B for shooting hours for geese in the Permit model to predict population growth and Canada geese has no consequence in Zones of Oregon and Washington, and consequences of changes in season length or outside dates, but expand Permit Zone boundaries. Seven demographic parameters. This reduces the number of splits allowed in subspecies of Canada geese winter in information will be collected and the Canada goose season from 4 to 3. the Pacific Flyway and are managed as evaluated annually to help determine The change will simplify regulations separate populations. Most Canada the effectiveness of regulations intended and is expected to have no biological goose populations are abundant and at to minimize take of dusky Canada geese. impact to the Canada goose population. or above population objectives; Additional protection against the take of Also, regular season outside dates for however, the dusky Canada goose dusky Canada geese will be provided by white-fronted geese and light geese in population has generally remained at expanding the Permit Zone boundaries Washington extend through March 10. <20,000 geese. Dusky Canada geese have in Oregon and Washington to include a Lastly, we agree with the Pacific a small breeding range including the larger portion of the population’s winter Flyway Council’s recommendation for Copper River Delta and adjacent islands range, and restricting shooting hours to minor changes to the existing goose in Alaska. Since 1985, the dusky Canada no earlier than sunrise will increase hunting zones in Idaho. The goose breeding population has varied light for hunter identification of Canada modifications to the Idaho goose zones between 7,000 and 18,000 geese. The goose subspecies. are intended to provide additional most recent (2015) estimate of the We also agree with the Pacific Flyway flexibility to Idaho in addressing breeding population size is 17,873 Council’s recommendation for minor resident Canada goose over abundance. geese, and the recent 3-year (2012–2015, changes to the existing Canada goose Breeding population indices for Pacific no estimate was available in 2013) hunting seasons in Oregon and and Rocky Mountain populations of average is 15,574 geese. In addition to Washington. The bag limit restriction of Canada geese currently exceed the small population size, the dusky 1 Aleutian Canada goose in Pacific management objectives in Flyway goose population has low harvest County, Washington (Area 2B) (within management plans. The 3-year (2013– potential (low survival and reproductive the overall Canada goose daily bag limit) 2015) average population estimate for capacity), and these birds are especially was first implemented when hunting of the Pacific Population of western vulnerable to harvest. Consequently, the Aleutian Canada geese resumed in Canada geese is 214,603, and is well take of dusky geese must be limited to Oregon and Washington after the above the objective of 126,650 geese. a greater extent than other Canada goose subspecies was removed from The 3-year (2013–2015) average populations in the Pacific Flyway. protection under the Endangered population estimate for the Rocky A permit and quota system with Species Act (16 U.S.C. 1531 et seq.) in Mountain Population of western Canada mandatory hunter reporting at check 2001 (66 FR 15643; March 20, 2001). geese is 158,038, and above the stations was implemented in 1985, in The bag limit restriction was intended objective of 88,000 to 146,000 geese. In the primary dusky Canada goose to minimize potential harvest of the order to accommodate an early Canada wintering area of Oregon and Semidi Islands population segment of goose season in Bear Lake County and Washington (Permit Zones). Once the Aleutian Canada geese. These geese use Caribou County, except that portion quota was exceeded, the goose season in Pacific County sporadically during within the Fort Hall Indian Reservation, the Permit Zones was closed to protect migration and use areas are not it is necessary to create a new goose against additional take of dusky geese. consistent. The total population of zone in Idaho. Check stations cost about $335,000 Aleutian Canada geese continues to annually to operate in Oregon and increase and currently exceeds the C. Special Late Seasons Washington. Due to budgetary population objective identified in the Council Recommendations: The constraints, Oregon and Washington Flyway management plan. The most Mississippi Flyway Council prefer to close the dusky Canada goose recent 3-year (2013–2015) average recommended that Ohio be allowed a
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92-day Canada goose season with a 3- recommendations are consistent with may also be poor. Further, the bird daily bag limit, which may extend the newly revised 2015 management population has been below management no later than February 15. plan for the mid-continent greater plan goals for the last 6 years. The 2015 Service Response: We note that the white-fronted goose population. mid-winter index (MWI) for Atlantic management plan for the Southern brant was 111,434. The Council’s James Bay Population of Canada geese 6. Brant revised brant hunt plan allows for a 30- requires consultation with the Atlantic Council Recommendations: The day season with a 1-bird daily bag limit Flyway on regulatory changes that Atlantic Flyway Council recommended when the MWI estimate falls between potentially affect both Flyways. adoption of revised harvest packages 100,000 and 115,000 brant. Recognizing Although the Ohio proposal was sent to (strategies) for Atlantic brant beginning the Council’s continuing concerns about the Atlantic Flyway during their recent with the 2015 hunting season as the status of Atlantic brant, we support summer meeting, the proposal was not follows: the Atlantic Flyway Council’s revisions received in a timely manner that If the mid-winter waterfowl survey to the brant hunt plan and the provided for adequate review by the (MWS) count is < 100,000 Atlantic recommendation for the 2015–16 Atlantic Flyway. Thus, the Atlantic brant, the season would be closed. season. Flyway Council could not support the If the MWS count is between 100,000 Regarding the Mississippi Flyway Ohio proposal at this time. Due to the and 115,000 brant, States could select a Council’s recommendation to allow lack of concurrence by the Atlantic 30-day season with a 1-bird daily bag States the option of including brant in Flyway, we do not support the limit. an aggregate bag limit with white- Mississippi Flyway recommendation for If the MWS count is between 115,000 fronted and/or Canada geese, we concur. the 2015–16 season. We urge the two and 130,000 brant, States could select a Very few brant are harvested in the Flyway Councils to initiate 30-day season with a 2-bird daily bag Mississippi Flyway (none during the consultations prior to this fall for a limit. most recent five years), so this similar proposal for the 2016–17 If the MWS count is between 130,000 simplification of the regulations will hunting season. and 150,000 brant, States could select a have no biological impact to the 50-day season with a 2-bird daily bag population. 5. White-Fronted Geese limit. Lastly, we agree with the Pacific Council Recommendations: The If the MWS count is between 150,000 Flyway Council’s recommendation for Mississippi Flyway Council and 200,000 brant, States could select a increasing the season length from 30 recommended that frameworks for 60-day season with a 2-bird daily bag days to 37 days in California. The white-fronted geese in the Mississippi limit. Flyway management plan for Pacific Flyway be revised to allow for a season If the MWS count is > 200,000 brant, brant allows harvest to increase by two length of 107 days and daily bag limit States could select a 60-day season with times the current level if the 3-year of 5 geese for Alabama, Iowa, Indiana, a 3-bird daily bag limit. average population index exceeds Michigan, Minnesota, Ohio, and Under all the above open season 135,000 brant based on the mid-winter Wisconsin (low harvest States). The alternatives, seasons would be between waterfowl survey. The 3-year (2013– daily bag limit would be an aggregate the Saturday nearest September 24 and 2015) average is 157,700 brant. daily bag limit with dark geese. For January 31. Further, States could split Increasing the season length by 7 days Arkansas, Illinois, Louisiana, Kentucky, their seasons into 2 segments. will allow additional hunting Missouri, Mississippi, and Tennessee Utilizing the newly revised brant hunt opportunity while maintaining the 2- (non-low harvest States), the Council plan, the Atlantic Flyway Council bird daily bag limit for brant, and is not recommended a season length of 88 recommended a 30-day season with a 1- expected to increase harvest appreciably days with a 2-bird daily bag limit, or a bird daily bag limit for the 2015–16 from that during a 30-day season. 74-day season with a 3-bird daily bag hunting season. limit, or a 107-day season with a 1-bird The Mississippi Flyway Council 7. Snow and Ross’s (Light) Geese daily bag limit. recommended revising the brant Council Recommendations: The The Central Flyway Council frameworks in the Mississippi Flyway Pacific Flyway Council recommended recommended that frameworks for to allow States the option of including increasing the light goose daily bag limit white-fronted geese in the east-tier brant in an aggregate bag limit with from 4 to 6 in the Northwest Permit States of the Central Flyway be revised white-fronted and/or Canada geese. Zone of Oregon. to the Saturday nearest September 24 The Pacific Flyway Council Service Response: We support the until the Sunday nearest February 15 recommended increasing the brant Pacific Flyway Council’s with a season length of 74 days and a season length in California from 30 to 37 recommendation for increasing the daily daily bag of 3 birds, an 88-day season days. bag limit of light geese from 4 to 6 in with a daily bag of 2 birds, or a 107-day Service Response: The Atlantic the Northwest Permit Zone of Oregon. season with a daily bag limit of 1 bird. Flyway’s changes to the current Atlantic Three populations of light geese occur The Council recommended an increase brant hunt plan strategies incorporate in the Pacific Flyway, and all are above of 1 bird in the daily bag limit in the additional conservatism in the brant Flyway management plan objectives Western Goose Zone of Texas, but no hunt plan. More specifically, the newly based on the most recent breeding change in the bag limit for other west- amended packages prescribe a more population indices. The population tier States. All the recommended restrictive season in 2015 than that estimate for the Western Arctic revisions are consistent with the newly prescribed by the pre-2015 hunt plan. Population (WAP) of lesser snow geese revised white-fronted goose The Atlantic Flyway estimates that a was 451,000 in 2013, which is above the management plan. reduction from a 2-bird to a 1-bird daily objective of 200,000 geese. Ross’s geese Service Response: We support the bag limit will result in a harvest were estimated at 659,600 in 2014, and revisions to the white-fronted goose reduction of 33 percent. are above the objective of 100,000 geese. frameworks recommended by the The Atlantic Flyway notes that there The population estimate for Wrangel Mississippi and Central Flyway have been 3 consecutive years of poor Island snow geese was 240,000 in 2015, Councils. The Councils’ Atlantic brant production, and 2015 which is above the objective of 120,000
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geese. Current evidence suggests most Service for issuance of the annual Executive Order 13563 reaffirms the light geese in Oregon during fall and framework regulations for hunting of principles of E.O. 12866 while calling early winter are primarily Wrangel migratory game bird species. We for improvements in the nation’s Island snow geese, but an influx of WAP published a notice of availability in the regulatory system to promote lesser snow and Ross’s geese occurs Federal Register on May 31, 2013 (78 predictability, to reduce uncertainty, during late winter as birds begin to FR 32686), and our Record of Decision and to use the best, most innovative, move north toward breeding areas. The on July 26, 2013 (78 FR 45376). We also and least burdensome tools for current 4-bird daily bag limit for light address NEPA compliance for waterfowl achieving regulatory ends. The geese in Oregon’s Northwest Permit hunting frameworks through the annual executive order directs agencies to Zone was intended to minimize harvest preparation of separate environmental consider regulatory approaches that of Wrangel Island snow geese in this assessments, the most recent being reduce burdens and maintain flexibility primary use area in Oregon when ‘‘Duck Hunting Regulations for 2015– and freedom of choice for the public Wrangel Island geese were below the 16,’’ with its corresponding August where these approaches are relevant, population objective. A bag limit for 2015, finding of no significant impact. feasible, and consistent with regulatory light geese in the Northwest Permit In addition, an August 1985 objectives. E.O. 13563 emphasizes Zone of 6 per day will simplify environmental assessment entitled further that regulations must be based regulations by matching the 6-bird bag ‘‘Guidelines for Migratory Bird Hunting on the best available science and that limit currently allowed for light geese in Regulations on Federal Indian the rulemaking process must allow for the balance of Oregon on or before the Reservations and Ceded Lands’’ is public participation and an open last Sunday in January. available from the person indicated exchange of ideas. We have developed under the caption FOR FURTHER this rule in a manner consistent with 16. Doves INFORMATION CONTACT. these requirements. Council Recommendations: During An updated economic analysis was the early season regulations process, the Endangered Species Act Consideration prepared for the 2013–14 season. This Central Flyway Council recommended Section 7 of the Endangered Species analysis was based on data from the that the Service, beginning with the Act of 1973, as amended (16 U.S.C. 1531 newly released 2011 National Hunting 2016–17 hunting season, adopt a new et seq.), provides that, ‘‘The Secretary and Fishing Survey, the most recent ‘‘standard’’ season package framework shall review other programs year for which data are available (see comprised of a 90-day season and 15- administered by him and utilize such discussion in Regulatory Flexibility Act bird daily bag limit for doves for States programs in furtherance of the purposes section below). This analysis estimated within the Central Management Unit. of this Act’’ (and) shall ‘‘insure that any consumer surplus for three alternatives Subsequently, the Mississippi Flyway action authorized, funded, or carried out for duck hunting (estimates for other Council concurred with the previous . . . is not likely to jeopardize the species are not quantified due to lack of recommendation from the Central continued existence of any endangered data). The alternatives were: (1) Issue Flyway Council. species or threatened species or result in restrictive regulations allowing fewer Service Response: In the July 21 the destruction or adverse modification days than those issued during the 2012– Federal Register, we stated that we did of [critical] habitat. . . .’’ Consequently, 13 season, (2) issue moderate not support the recommendation by the we conducted formal consultations to regulations allowing more days than Central Flyway to increase the length of ensure that actions resulting from these those in alternative 1, and (3) issue the dove season to 90 days for the 2016– regulations would not likely jeopardize liberal regulations identical to the 17 season because the Mississippi the continued existence of endangered regulations in the 2012–13 season. For Flyway had not agreed to the change or threatened species or result in the the 2013–14 season, we chose involving this shared resource. destruction or adverse modification of Alternative 3, with an estimated However, we understood that the their critical habitat. Findings from consumer surplus across all flyways of Central Flyway would continue to work these consultations are included in a $317.8–$416.8 million. For the 2015–16 with the Mississippi Flyway to develop biological opinion, which concluded season, we have also chosen alternative a joint recommendation to increase the that the regulations are not likely to 3. We also chose alternative 3 for the season length, and that we would jeopardize the continued existence of 2009–10, the 2010–11, the 2011–12, the consider such a recommendation if such any endangered or threatened species. 2012–13, and the 2014–15 seasons. The an agreement were reached. Given the Additionally, these findings may have 2013–14 analysis is part of the record Mississippi Flyway Council’s caused modification of some regulatory for this rule and is available at http:// concurrence with the Central Flyway measures previously proposed, and the www.regulations.gov at Docket No. Council’s recommendation, we now final frameworks reflect any such FWS–HQ–MB–2014–0064. agree with the proposed revision to the modifications. Our biological opinions Regulatory Flexibility Act ‘‘standard’’ season package framework resulting from this section 7 beginning with the 2016–17 hunting consultation are public documents The annual migratory bird hunting season. available for public inspection at the regulations have a significant economic address indicated under ADDRESSES. impact on substantial numbers of small National Environmental Policy Act entities under the Regulatory Flexibility (NEPA) Regulatory Planning and Review Act (5 U.S.C. 601 et seq.). We analyzed The programmatic document, (Executive Orders 12866 and 13563) the economic impacts of the annual ‘‘Second Final Supplemental Executive Order 12866 provides that hunting regulations on small business Environmental Impact Statement: the Office of Information and Regulatory entities in detail as part of the 1981 cost- Issuance of Annual Regulations Affairs (OIRA) will review all significant benefit analysis. This analysis was Permitting the Sport Hunting of rules. OIRA has reviewed this rule and revised annually from 1990–95. In 1995, Migratory Birds (EIS 20130139),’’ filed has determined that this rule is the Service issued a Small Entity with the Environmental Protection significant because it would have an Flexibility Analysis (Analysis), which Agency (EPA) on May 24, 2013, annual effect of $100 million or more on was subsequently updated in 1996, addresses NEPA compliance by the the economy. 1998, 2004, 2008, and 2013. The
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primary source of information about regulatory action’’ under the Unfunded Migratory Bird Treaty Act. We annually hunter expenditures for migratory game Mandates Reform Act. prescribe frameworks from which the bird hunting is the National Hunting States make selections regarding the Civil Justice Reform—Executive Order and Fishing Survey, which is conducted hunting of migratory birds, and we 12988 at 5-year intervals. The 2013 Analysis employ guidelines to establish special was based on the 2011 National Hunting The Department, in promulgating this regulations on Federal Indian and Fishing Survey and the U.S. rule, has determined that this rule will reservations and ceded lands. This Department of Commerce’s County not unduly burden the judicial system process preserves the ability of the Business Patterns, from which it was and that it meets the requirements of States and tribes to determine which estimated that migratory bird hunters sections 3(a) and 3(b)(2) of Executive seasons meet their individual needs. would spend approximately $1.5 billion Order 12988. Any State or Indian tribe may be more restrictive than the Federal frameworks at small businesses in 2013. Copies of Takings Implication Assessment the Analysis are available upon request at any time. The frameworks are from the Division of Migratory Bird In accordance with Executive Order developed in a cooperative process with Management (see FOR FURTHER 12630, this rule, authorized by the the States and the Flyway Councils. INFORMATION CONTACT) or from our Web Migratory Bird Treaty Act (16 U.S.C. This process allows States to participate site at http://www.fws.gov/ 703–711), does not have significant in the development of frameworks from migratorybirds or at http:// takings implications and does not affect which they will make selections, www.regulations.gov at Docket No. any constitutionally protected property thereby having an influence on their FWS–HQ–MB–2014–0064. rights. This rule will not result in the own regulations. These rules do not physical occupancy of property, the have a substantial direct effect on fiscal Small Business Regulatory Enforcement physical invasion of property, or the capacity, change the roles or Fairness Act regulatory taking of any property. In responsibilities of Federal or State This rule is a major rule under 5 fact, this rule allows hunters to exercise governments, or intrude on State policy U.S.C. 804(2), the Small Business otherwise unavailable privileges and, or administration. Therefore, in Regulatory Enforcement Fairness Act. therefore, reduce restrictions on the use accordance with Executive Order 13132, For the reasons outlined above, this rule of private and public property. these regulations do not have significant federalism effects and do not have will have an annual effect on the Energy Effects—Executive Order 13211 economy of $100 million or more. sufficient federalism implications to Executive Order 13211 requires However, because this rule establishes warrant the preparation of a federalism agencies to prepare Statements of hunting seasons, we are not deferring summary impact statement. Energy Effects when undertaking certain the effective date under the exemption actions. While this rule is a significant Regulations Promulgation contained in 5 U.S.C. 808(1). regulatory action under Executive Order The rulemaking process for migratory Paperwork Reduction Act 12866, it is not expected to adversely game bird hunting must, by its nature, affect energy supplies, distribution, or operate under severe time constraints. This final rule does not contain any use. Therefore, this action is not a However, we intend that the public be new information collection that requires significant energy action and no given the greatest possible opportunity approval under the Paperwork Statement of Energy Effects is required. to comment. Thus, when the Reduction Act of 1995 (44 U.S.C. 3501 preliminary proposed rulemaking was et seq.). We may not conduct or sponsor Government-to-Government published, we established what we and you are not required to respond to Relationship With Tribes believed were the longest periods a collection of information unless it In accordance with the President’s possible for public comment. In doing displays a currently valid Office of memorandum of April 29, 1994, this, we recognized that when the Management and Budget (OMB) control ‘‘Government-to-Government Relations comment period closed, time would be number. OMB has reviewed and with Native American Tribal of the essence. That is, if there were a approved the information collection Governments’’ (59 FR 22951), Executive delay in the effective date of these requirements associated with migratory Order 13175, and 512 DM 2, we have regulations after this final rulemaking, bird surveys and assigned the following evaluated possible effects on Federally States would have insufficient time to OMB control numbers: recognized Indian tribes and have select season dates and limits; to • 1018–0019—North American determined that there are no effects on communicate those selections to us; and Woodcock Singing Ground Survey Indian trust resources. However, in the to establish and publicize the necessary (expires 5/31/2018). April 13 Federal Register, we solicited regulations and procedures to • 1018–0023—Migratory Bird proposals for special migratory bird implement their decisions. We therefore Surveys (expires 6/30/2017). Includes hunting regulations for certain Tribes on find that ‘‘good cause’’ exists, within the Migratory Bird Harvest Information Federal Indian reservations, off- terms of 5 U.S.C. 553(d)(3) of the Program, Migratory Bird Hunter reservation trust lands, and ceded lands Administrative Procedure Act, and Surveys, Sandhill Crane Survey, and for the 2015–16 migratory bird hunting these frameworks will, therefore, take Parts Collection Survey. season. The resulting proposals were effect immediately upon publication. Therefore, under authority of the Unfunded Mandates Reform Act contained in a separate August 4, 2015, proposed rule (80 FR 46218). By virtue Migratory Bird Treaty Act (July 3, 1918), We have determined and certify, in of these actions, we have consulted with as amended (16 U.S.C. 703–711), we compliance with the requirements of the affected Tribes. prescribe final frameworks setting forth Unfunded Mandates Reform Act, 2 the species to be hunted, the daily bag U.S.C. 1502 et seq., that this rulemaking Federalism Effects and possession limits, the shooting will not impose a cost of $100 million Due to the migratory nature of certain hours, the season lengths, the earliest or more in any given year on local or species of birds, the Federal opening and latest closing season dates, State government or private entities. Government has been given and hunting areas, from which State Therefore, this rule is not a ‘‘significant responsibility over these species by the conservation agency officials will select
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hunting season dates and other options. permit, in accordance with provisions of Area-Specific Provisions: Frameworks Upon receipt of season selections from both Federal and State regulations for open seasons, season lengths, bag these officials, we will publish a final governing the hunting season. The and possession limits, and other special rulemaking amending 50 CFR part 20 to permit must be carried by the permittee provisions are listed below by Flyway. reflect seasons, limits, and shooting when exercising its provisions and must Waterfowl Seasons in the Atlantic hours for the conterminous United be presented to any law enforcement Flyway States for the 2015–16 seasons. officer upon request. The permit is not transferrable or assignable to another In the Atlantic Flyway States of List of Subjects in 50 CFR Part 20 individual, and may not be sold, Connecticut, Delaware, Maine, Exports, Hunting, Imports, Reporting bartered, traded, or otherwise provided Maryland, Massachusetts, New Jersey, and recordkeeping requirements, to another person. If the permit is North Carolina, and Pennsylvania, Transportation, Wildlife. altered or defaced in any way, the where Sunday hunting is prohibited The rules that eventually will be permit becomes invalid. Statewide by State law, all Sundays are closed to all take of migratory waterfowl promulgated for the 2015–16 hunting Flyways and Management Units seasons are authorized under 16 U.S.C. (including mergansers and coots). 703–712 and 16 U.S.C. 742 a–j. Waterfowl Flyways Special Youth Waterfowl Hunting Days Dated: September 11, 2015. Atlantic Flyway—includes Outside Dates: States may select 2 Karen Hyun, Connecticut, Delaware, Florida, Georgia, days per duck-hunting zone, designated Acting Principal Deputy Assistant Secretary Maine, Maryland, Massachusetts, New as ‘‘Youth Waterfowl Hunting Days,’’ in for Fish and Wildlife and Parks. Hampshire, New Jersey, New York, addition to their regular duck seasons. North Carolina, Pennsylvania, Rhode The days must be held outside any Final Regulations Frameworks for Island, South Carolina, Vermont, regular duck season on a weekend, 2015–16 Late Hunting Seasons on Virginia, and West Virginia. holidays, or other non-school days Certain Migratory Game Birds Mississippi Flyway—includes when youth hunters would have the Pursuant to the Migratory Bird Treaty Alabama, Arkansas, Illinois, Indiana, maximum opportunity to participate. Act and delegated authorities, the Iowa, Kentucky, Louisiana, Michigan, The days may be held up to 14 days Department of the Interior approved the Minnesota, Mississippi, Missouri, Ohio, before or after any regular duck-season following frameworks, which prescribe Tennessee, and Wisconsin. frameworks or within any split of a season lengths, shooting hours, bag and Central Flyway—includes Colorado regular duck season, or within any other possession limits, and outside dates (east of the Continental Divide), Kansas, open season on migratory birds. within which States may select seasons Montana (Counties of Blaine, Carbon, Daily Bag Limits: The daily bag limits for hunting waterfowl and coots Fergus, Judith Basin, Stillwater, may include ducks, geese, tundra between the dates of September 1, 2015, Sweetgrass, Wheatland, and all counties swans, mergansers, coots, moorhens, and March 10, 2016. These frameworks east thereof), Nebraska, New Mexico and gallinules and would be the same are summarized below. (east of the Continental Divide except as those allowed in the regular season. the Jicarilla Apache Indian Reservation), Flyway species and area restrictions General North Dakota, Oklahoma, South Dakota, would remain in effect. Dates: All outside dates noted below Texas, and Wyoming (east of the Shooting Hours: One-half hour before are inclusive. Continental Divide). sunrise to sunset. Shooting and Hawking (taking by Pacific Flyway—includes Alaska, Participation Restrictions: Youth falconry) Hours: Unless otherwise Arizona, California, Idaho, Nevada, hunters must be 15 years of age or specified, from one-half hour before Oregon, Utah, Washington, and those younger. In addition, an adult at least 18 sunrise to sunset daily. portions of Colorado, Montana, New years of age must accompany the youth Possession Limits: Unless otherwise Mexico, and Wyoming not included in hunter into the field. This adult may not specified, possession limits are three the Central Flyway. duck hunt but may participate in other times the daily bag limit. seasons that are open on the special Permits: For some species of Management Units youth day. Tundra swans may only be migratory birds, the Service authorizes High Plains Mallard Management taken by participants possessing the use of permits to regulate harvest or Unit—roughly defined as that portion of applicable tundra swan permits. monitor their take by sport hunters, or the Central Flyway that lies west of the Atlantic Flyway both. In many cases (e.g., tundra swans, 100th meridian. some sandhill crane populations), the Ducks, Mergansers, and Coots Definitions Service determines the amount of Outside Dates: Between the Saturday harvest that may be taken during For the purpose of hunting nearest September 24 (September 26) hunting seasons during its formal regulations listed below, the collective and the last Sunday in January (January regulations-setting process, and the terms ‘‘dark’’ and ‘‘light’’ geese include 31). States then issue permits to hunters at the following species: Hunting Seasons and Duck Limits: 60 levels predicted to result in the amount Dark geese: Canada geese, white- days. The daily bag limit is 6 ducks, of take authorized by the Service. Thus, fronted geese, brant (except in including no more than 4 mallards (no although issued by States, the permits California, Oregon, Washington, and the more than 2 of which can be females), would not be valid unless the Service Atlantic Flyway), and all other goose 1 black duck, 2 pintails, 1 mottled duck, approved such take in its regulations. species except light geese. 1 fulvous whistling duck, 3 wood ducks, These Federally authorized, State- Light geese: Snow (including blue) 2 redheads, 2 scaup, 2 canvasbacks, and issued permits are issued to individuals, geese and Ross’s geese. 4 scoters. and only the individual whose name Area, Zone, and Unit Descriptions: Closures: The season on harlequin and address appears on the permit at the Geographic descriptions related to late- ducks is closed. time of issuance is authorized to take season regulations are contained in a Sea Ducks: Within the special sea migratory birds at levels specified in the later portion of this document. duck areas, during the regular duck
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season in the Atlantic Flyway, States Florida: An 80-day season may be Western Long Island RP Zone: A 107- may choose to allow the sea duck limits held between October 1 and March 10, day season may be held between the in addition to the limits applying to with a 5-bird daily bag limit. The season Saturday nearest September 24 other ducks during the regular duck may be split into 3 segments. (September 26) and March 10, with an season. In all other areas, sea ducks may Georgia: An 80-day season may be 8-bird daily bag limit. The season may be taken only during the regular open held between October 1 and March 10, be split into 3 segments. season for ducks and are part of the with a 5-bird daily bag limit. The season Rest of State RP Zone: An 80-day regular duck season daily bag (not to may be split into 3 segments. season may be held between the fourth exceed 4 scoters) and possession limits. Maine: A 70-day season may be held Saturday in October (October 24) and Merganser Limits: The daily bag limit Statewide between October 1 and March 10, with a 5-bird daily bag limit. of mergansers is 5, only 2 of which may February 15, with a 3-bird daily bag The season may be split into 3 be hooded mergansers. In States that limit. segments. include mergansers in the duck bag Maryland North Carolina limit, the daily limit is the same as the RP Zone: An 80-day season may be duck bag limit, only 2 of which may be SJBP Zone: A 70-day season may be held between November 15 and March hooded mergansers. held between October 1 and December 10, with a 5-bird daily bag limit. The Coot Limits: The daily bag limit is 15 31, with a 5-bird daily bag limit. season may be split into 3 segments. RP Zone: An 80-day season may be coots. AP Zone: A 50-day season may be Lake Champlain Zone, New York: The held between October 1 and March 10, held between November 15 and with a 5-bird daily bag limit. The season waterfowl seasons, limits, and shooting February 5, with a 2-bird daily bag limit. hours should be the same as those may be split into 3 segments. selected for the Lake Champlain Zone of Massachusetts Northeast Hunt Unit: A 14-day season may be held between the Saturday prior Vermont. NAP Zone: A 70-day season may be to December 25 (December 19) and Connecticut River Zone, Vermont: held between October 1 and February January 31, with a 1-bird daily bag limit. The waterfowl seasons, limits, and 15, with a 3-bird daily bag limit. shooting hours should be the same as Additionally, a special season may be Pennsylvania those selected for the Inland Zone of held from January 15 to February 15, SJBP Zone: A 78-day season may be New Hampshire. with a 5-bird daily bag limit. held between the first Saturday in AP Zone: A 50-day season may be Zoning and Split Seasons: Delaware, October (October 3) and February 15, held between October 10 and February Florida, Georgia, Maryland, North with a 3-bird daily bag limit. 5, with a 3-bird daily bag limit. Carolina, Rhode Island, South Carolina, RP Zone: An 80-day season may be Virginia, and West Virginia may split New Hampshire: A 70-day season may be held Statewide between October 1 held between the fourth Saturday in their seasons into three segments; October (October 24) and March 10, Connecticut, Maine, Massachusetts, and February 15, with a 3-bird daily bag limit. with a 5-bird daily bag limit. The season New Hampshire, New Jersey, New York, may be split into 3 segments. Pennsylvania, and Vermont may select New Jersey AP Zone: A 50-day season may be hunting seasons by zones and may split held between the fourth Saturday in their seasons into two segments in each AP Zone: A 50-day season may be held between the fourth Saturday in October (October 24) and February 5, zone. October (October 24) and February 5, with a 3-bird daily bag limit. Canada Geese with a 3-bird daily bag limit. Rhode Island: A 70-day season may RP Zone: An 80-day season may be be held between October 1 and February Season Lengths, Outside Dates, and held between the fourth Saturday in 15, with a 3-bird daily bag limit. A Limits: Specific regulations for Canada October (October 24) and February 15, special late season may be held in geese are shown below by State. These with a 5-bird daily bag limit. The season designated areas from January 15 to seasons also include white-fronted may be split into 3 segments. February 15, with a 5-bird daily bag geese. Unless specified otherwise, Special Late Goose Season Area: A limit. seasons may be split into two segments. special season may be held in South Carolina: In designated areas, Connecticut designated areas of North and South an 80-day season may be held between New Jersey from January 15 to February October 1 and March 10, with a 5-bird North Atlantic Population (NAP) 15, with a 5-bird daily bag limit. daily bag limit. The season may be split Zone: Between October 1 and February into 3 segments. 15, a 70-day season may be held with New York a 3-bird daily bag limit. NAP Zone: Between October 1 and Vermont Atlantic Population (AP) Zone: A 50- February 15, a 70-day season may be Lake Champlain Zone and Interior day season may be held between held, with a 3-bird daily bag limit in Zone: A 50-day season may be held October 10 and February 5, with a 3- both the High Harvest and Low Harvest between October 10 and February 5 bird daily bag limit. areas. with a 3-bird daily bag limit. South Zone: A special season may be Special Late Goose Season Area: A Connecticut River Zone: A 70-day held between January 15 and February special season may be held between season may be held between October 1 15, with a 5-bird daily bag limit. January 15 and February 15, with a 5- and February 15, with a 3-bird daily bag Resident Population (RP) Zone: An bird daily bag limit in designated areas limit. 80-day season may be held between of Suffolk County. October 1 and February 15, with a 5- AP Zone: A 50-day season may be Virginia bird daily bag limit. The season may be held between the fourth Saturday in SJBP Zone: A 40-day season may be split into 3 segments. October (October 24), except in the Lake held between November 15 and January Delaware: A 50-day season may be Champlain Area where the opening date 14, with a 3-bird daily bag limit. held between November 15 and is October 10, and February 5, with a 3- Additionally, a special late season may February 5, with a 2-bird daily bag limit. bird daily bag limit. be held between January 15 and
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February 15, with a 5-bird daily bag In Alabama, Indiana, Iowa, Kentucky, Minnesota: The season for Canada limit. Louisiana, Michigan, Minnesota, geese may extend for 107 days. The AP Zone: A 50-day season may be Missouri, Ohio, Tennessee, and daily bag limit is 3 Canada geese. held between November 15 and Wisconsin, the season may be split into Missouri: The season for Canada geese February 5, with a 2-bird daily bag limit. two segments in each zone. may extend for 85 days. The daily bag RP Zone: An 80-day season may be In Arkansas and Mississippi, the limit is 3 Canada geese. held between November 15 and March season may be split into three segments. Tennessee: Northwest Goose Zone— 10, with a 5-bird daily bag limit. The The season for Canada geese may extend season may be split into 3 segments. Geese to February 15. West Virginia: An 80-day season may Split Seasons: Seasons for geese may Wisconsin: Horizon Zone: The be held between October 1 and March framework opening date for all geese is 10, with a 5-bird daily bag limit. The be split into three segments. Season Lengths, Outside Dates, and September 16. season may be split into 3 segments in Exterior Zone: The framework each zone. Limits: States may select seasons for light geese not to exceed 107 days, with opening date for all geese is September Light Geese 20 geese daily between the Saturday 16. Additional Limits: In addition to the Season Lengths, Outside Dates, and nearest September 24 (September 26) harvest limits stated for the respective Limits: States may select a 107-day and March 10. There is no possession zones above, an additional 4,500 Canada season between October 1 and March limit for light geese. Arkansas, Illinois, geese may be taken in the Horicon Zone 10, with a 25-bird daily bag limit and no Louisiana, Kentucky, Missouri, under special agricultural permits. possession limit. States may split their Mississippi, and Tennessee may select a seasons into three segments. season for white-fronted geese not to Central Flyway exceed 74 days with 3 geese daily, or 88 Brant Ducks, Mergansers, and Coots days with 2 geese daily, or 107 days Season Lengths, Outside Dates, and with 1 goose daily between the Saturday Outside Dates: Between the Saturday Limits: States may select a 30-day nearest September 24 (September 26) nearest September 24 (September 26) season between the Saturday nearest and the Sunday nearest February 15 and the last Sunday in January (January September 24 (September 26) and (February 14); Alabama, Iowa, Indiana, 31). January 31, with a 1-bird daily bag limit. Michigan, Minnesota, Ohio, and Hunting Seasons States may split their seasons into two Wisconsin may select a season for segments. white-fronted geese not to exceed 107 High Plains Mallard Management Unit (roughly defined as that portion of Mississippi Flyway days with 5 geese daily, in aggregate with dark geese. States may select a the Central Flyway which lies west of Ducks, Mergansers, and Coots season for brant not to exceed 70 days the 100th meridian): 97 days. The last Outside Dates: Between the Saturday with 2 brant daily, or 107 days with 1 23 days must run consecutively and nearest September 24 (September 26) brant daily with outside dates the same may start no earlier than the Saturday and the last Sunday in January (January as Canada geese; alternately, States may nearest December 10 (December 12). 31). include brant in an aggregate goose bag Remainder of the Central Flyway: 74 Hunting Seasons and Duck Limits: limit with either Canada geese, white- days. The season may not exceed 60 days, fronted geese, or dark geese. States may Duck Limits: The daily bag limit is 6 with a daily bag limit of 6 ducks, select seasons for Canada geese not to ducks, with species and sex restrictions including no more than 4 mallards (no exceed 92 days with 2 geese daily or 78 as follows: 5 mallards (no more than 2 more than 2 of which may be females), days with 3 geese daily between the of which may be females), 3 scaup, 2 1 mottled duck, 1 black duck, 2 pintails, Saturday nearest September 24 redheads, 3 wood ducks, 2 pintails, and 3 wood ducks, 2 canvasbacks, 3 scaup, (September 26) and January 31 with the 2 canvasbacks. In Texas, the daily bag and 2 redheads. In addition to the daily following exceptions listed by State: limit on mottled ducks is 1, except that limits listed above, the States of Iowa, Arkansas: The season may extend to no mottled ducks may be taken during Michigan, Minnesota, and Wisconsin February 15. the first 5 days of the season. In addition to the daily limits listed above, the may include an additional 2 blue- Indiana: Late Canada Goose Season States of Montana, North Dakota, South winged teal in the daily bag limit in lieu Area: A special Canada goose season of Dakota, and Wyoming, in lieu of of selecting an experimental September up to 15 days may be held during selecting an experimental September teal season during the first 16 days of February 1–15 in the Late Canada Goose teal season, may include an additional the regular duck season in each Season Zone. During this special season, daily bag and possession limit of 2 and respective duck hunting zone. the daily bag limit cannot exceed 5 6 blue-winged teal, respectively, during Merganser Limits: The daily bag limit Canada geese. is 5, only 2 of which may be hooded the first 16 days of the regular duck Iowa: The season for Canada geese mergansers. In States that include season in each respective duck hunting may extend for 107 days. The daily bag mergansers in the duck bag limit, the zone. These extra limits are in addition limit is 3 Canada geese. daily limit is the same as the duck bag to the regular duck bag and possession limit, only 2 of which may be hooded Michigan: The framework opening limits. mergansers. date for all geese is September 11 in the Merganser Limits: The daily bag limit Coot Limits: The daily bag limit is 15 Upper Peninsula of Michigan and is 5 mergansers, only 2 of which may be coots. September 16 in the Lower Peninsula of hooded mergansers. In States that Zoning and Split Seasons: Alabama, Michigan. include mergansers in the duck daily Illinois, Indiana, Iowa, Kentucky, Southern Michigan Late Canada bag limit, the daily limit may be the Louisiana, Michigan, Minnesota, Goose Season Zone: A 30-day special same as the duck bag limit, only two of Missouri, Ohio, Tennessee, and Canada goose season may be held which may be hooded mergansers. Wisconsin may select hunting seasons between December 31 and February 15. Coot Limits: The daily bag limit is 15 by zones. The daily bag limit is 5 Canada geese. coots.
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Zoning and Split Seasons: Colorado, Pacific Flyway is 2 brant and is in addition to other Kansas (Low Plains portion), Montana, goose limits. In Oregon and California, Ducks, Mergansers, Coots, Common the brant season must end no later than Nebraska, New Mexico, Oklahoma (Low Moorhens, and Purple Gallinules Plains portion), South Dakota (Low December 15. Plains portion), Texas (Low Plains Outside Dates: Between the Saturday White-fronted geese: Except as portion), and Wyoming may select nearest September 24 (September 26) subsequently noted, 107-day seasons hunting seasons by zones. and the last Sunday in January (January may be selected with outside dates 31). between the Saturday nearest September In Colorado, Kansas, Montana, New Hunting Seasons and Duck and 24 (September 26) and March 10. The Mexico, North Dakota, Oklahoma, South Merganser Limits: Concurrent 107 days. daily bag limit is 10. Dakota, Texas, and Wyoming, the The daily bag limit is 7 ducks and Light geese: Except as subsequently regular season may be split into two mergansers, including no more than 2 noted, 107-day seasons may be selected segments. female mallards, 2 pintails, 2 with outside dates between the Saturday Geese canvasbacks, 3 scaup, and 2 redheads. nearest September 24 (September 26) For scaup, the season length is 86 days, and March 10. The daily bag limit is 20. Split Seasons: Seasons for geese may which may be split according to Split Seasons: Unless otherwise be split into three segments. Three-way applicable zones and split duck hunting specified, seasons for geese may be split split seasons for Canada geese require configurations approved for each State. into up to 3 segments. Three-way split Central Flyway Council and U.S. Fish In States or zones with a split duck seasons for Canada geese and white- and Wildlife Service approval, and a and merganser season, the season on fronted geese require Pacific Flyway 3-year evaluation by each participating coots, common moorhens, and purple Council and U.S. Fish and Wildlife State. gallinules may remain open during the Service approval and a 3-year closed portion of the duck and evaluation by each participating State. Outside Dates: For dark geese, seasons California: The daily bag limit for may be selected between the outside merganser season splits, but not to exceed 107 days. Canada geese is 10. dates of the Saturday nearest September Coot, Common Moorhen, and Purple Balance of State Zone: A Canada 24 (September 26) and the Sunday Gallinule Limits: The daily bag limit of goose season may be selected with nearest February 15 (February 14). For coots, common moorhens, and purple outside dates between the Saturday light geese, outside dates for seasons gallinules are 25, singly or in the nearest September 24 (September 26) may be selected between the Saturday aggregate. and March 10. In the Sacramento Valley nearest September 24 (September 26) Zoning and Split Seasons: Arizona, Special Management Area, the season and March 10. In the Rainwater Basin California, Idaho, Nevada, Oregon, Utah, on white-fronted geese must end on or Light Goose Area (East and West) of Washington, and Wyoming may select before December 28, and the daily bag Nebraska, temporal and spatial hunting seasons by zones. Arizona, limit is 3 white-fronted geese. In the restrictions that are consistent with the California, Idaho, Nevada, Oregon, Utah, North Coast Special Management Area, late-winter snow goose hunting strategy Washington, and Wyoming may split hunting days that occur after the last cooperatively developed by the Central their seasons into two segments. Sunday in January should be concurrent Flyway Council and the Service are Colorado, Montana, and New Mexico with Oregon’s South Coast Zone. required. may split their seasons into three Idaho Season Lengths and Limits segments. Colorado River Zone, California: Zone 2: Idaho will continue to Light Geese: States may select a light Seasons and limits should be the same monitor the snow goose hunt that goose season not to exceed 107 days. as seasons and limits selected in the occurs after the last Sunday in January The daily bag limit for light geese is 50 adjacent portion of Arizona (South in the American Falls Reservoir/Fort Hall Bottoms and surrounding areas at with no possession limit. Zone). 3-year intervals. Dark Geese: In Kansas, Nebraska, Geese Oregon: The daily bag limit for light North Dakota, Oklahoma, South Dakota, Season Lengths, Outside Dates, and geese is 6 on or before the last Sunday and the Eastern Goose Zone of Texas, Limits in January. States may select a season for Canada Harney and Lake County Zone: For geese (or any other dark goose species Canada geese and brant: Except as Lake County only, the daily white- except white-fronted geese) not to subsequently noted, 107-day seasons fronted goose bag limit is 1. exceed 107 days with a daily bag limit may be selected with outside dates Northwest Permit Zone: A Canada of 8. For white-fronted geese, these between the Saturday nearest September goose season may be selected with States may select either a season of 74 24 (September 26) and the last Sunday outside dates between the Saturday days with a bag limit of 3, or an 88-day in January (January 31). In Arizona, nearest September 24 (September 26) season with a bag limit of 2, or a season Colorado, Idaho, Montana, Nevada, and and March 10. Goose seasons may be of 107 days with a bag limit of 1. Utah, the daily bag limit is 4 Canada split into 3 segments. The daily bag geese and brant in the aggregate. In New limit of light geese is 6. In the Tillamook In Colorado, Montana, New Mexico, Mexico and Wyoming, the daily bag County Management Area, the hunting and Wyoming, States may select seasons limit is 3 Canada geese and brant in the season is closed on geese. not to exceed 107 days. The daily bag aggregate. In California, Oregon, and South Coast Zone: A Canada goose limit for dark geese is 5 in the aggregate. Washington, the daily bag limit is 4 season may be selected with outside In the Western Goose Zone of Texas, Canada geese. For brant, Oregon and dates between the Saturday nearest the season may not exceed 95 days. The Washington may select a 16-day season September 24 (September 26) and daily bag limit for Canada geese (or any and California a 37-day season. Days March 10. The daily bag limit of Canada other dark goose species except white- must be consecutive. Washington and geese is 6. Hunting days that occur after fronted geese) is 5. The daily bag limit California may select hunting seasons the last Sunday in January should be for white-fronted geese is 2. for up to two zones. The daily bag limit concurrent with California’s North Coast
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Special Management Area. Goose Utah: No more than 2,000 permits —In North Carolina, no more than 5,000 seasons may be split into 3 segments. may be issued. During the swan season, permits may be issued. Utah: A Canada goose and brant no more than 10 trumpeter swans may —In Virginia, no more than 600 permits season may be selected in the Wasatch be taken. The season must end no later may be issued. Front and Washington County Zones than the second Sunday in December In the Central Flyway: with outside dates between the Saturday (December 13) or upon attainment of 10 —The season may be 107 days, between nearest September 24 (September 26) trumpeter swans in the harvest, the Saturday nearest October 1 and the first Sunday in February whichever occurs earliest. The Utah (October 3) and January 31. (February 7). season remains subject to the terms of —In the Central Flyway portion of Washington: The daily bag limit is 4 the Memorandum of Agreement entered Montana, no more than 500 permits geese. into with the Service in August 2003, may be issued. Area 1: Goose season outside dates are regarding harvest monitoring, season —In North Dakota, no more than 2,200 between the Saturday nearest September closure procedures, and education permits may be issued. 24 (September 26) and the last Sunday requirements to minimize the take of —In South Dakota, no more than 1,300 in January (January 31). trumpeter swans during the swan permits may be issued. Areas 2A and 2B (Southwest Permit season. Zone): A Canada goose season may be Nevada: No more than 650 permits Area, Unit, and Zone Descriptions selected with outside dates between the may be issued. During the swan season, Ducks (Including Mergansers) and Coots Saturday nearest September 24 no more than 5 trumpeter swans may be (September 26) and March 10. Goose taken. The season must end no later Atlantic Flyway seasons may be split into 3 segments. than the Sunday following January 1 Connecticut Area 4: Goose seasons may be split (January 3) or upon attainment of 5 North Zone: That portion of the State into 3 segments. trumpeter swans in the harvest, north of I–95. whichever occurs earliest. Permit Zones South Zone: Remainder of the State. In Oregon and Washington permit In addition, the States of Utah and zones, the hunting season is closed on Nevada must implement a harvest- Maine dusky Canada geese. A dusky Canada monitoring program to measure the North Zone: That portion north of the goose is any dark-breasted Canada goose species composition of the swan line extending east along Maine State (Munsell 10 YR color value five or less) harvest. The harvest-monitoring Highway 110 from the New Hampshire- with a bill length between 40 and 50 program must require that all harvested Maine State line to the intersection of millimeters. Hunting of geese will only swans or their species-determinant parts Maine State Highway 11 in Newfield; be by hunters possessing a State-issued be examined by either State or Federal then north and east along Route 11 to permit authorizing them to do so. biologists for the purpose of species the intersection of U.S. Route 202 in Shooting hours for geese may begin no classification. The States should use Auburn; then north and east on Route earlier than sunrise. Regular Canada appropriate measures to maximize 202 to the intersection of I–95 in goose seasons in the permit zones of hunter compliance in providing bagged Augusta; then north and east along I–95 Oregon and Washington remain subject swans for examination. Further, the to Route 15 in Bangor; then east along to the Memorandum of Understanding States of Montana, Nevada, and Utah Route 15 to Route 9; then east along entered into with the Service regarding must achieve at least an 80-percent Route 9 to Stony Brook in Baileyville; monitoring the impacts of take during compliance rate, or subsequent permits then east along Stony Brook to the the regular Canada goose season on the will be reduced by 10 percent. All three United States border. dusky Canada goose population. States must provide to the Service by Coastal Zone: That portion south of a June 30, 2016, a report detailing harvest, line extending east from the Maine-New Swans hunter participation, reporting Brunswick border in Calais at the Route In portions of the Pacific Flyway compliance, and monitoring of swan 1 Bridge; then south along Route 1 to (Montana, Nevada, and Utah), an open populations in the designated hunt the Maine-New Hampshire border in season for taking a limited number of areas. Kittery. swans may be selected. Permits will be Tundra Swans South Zone: Remainder of the State. issued by the State and will authorize each permittee to take no more than 1 In portions of the Atlantic Flyway Massachusetts swan per season with each permit. (North Carolina and Virginia) and the Western Zone: That portion of the Nevada may issue up to 2 permits per Central Flyway (North Dakota, South State west of a line extending south hunter. Montana and Utah may only Dakota [east of the Missouri River], and from the Vermont State line on I–91 to issue 1 permit per hunter. Each State’s that portion of Montana in the Central MA 9, west on MA 9 to MA 10, south season may open no earlier than the Flyway), an open season for taking a on MA 10 to U.S. 202, south on U.S. 202 Saturday nearest October 1 (October 3). limited number of tundra swans may be to the Connecticut State line. These seasons are also subject to the selected. Permits will be issued by the Central Zone: That portion of the following conditions: States that authorize the take of no more State east of the Berkshire Zone and Montana: No more than 500 permits than 1 tundra swan per permit. A west of a line extending south from the may be issued. The season must end no second permit may be issued to hunters New Hampshire State line on I–95 to later than December 1. The State must from unused permits remaining after the U.S. 1, south on U.S. 1 to I–93, south on implement a harvest-monitoring first drawing. The States must obtain I–93 to MA 3, south on MA 3 to U.S. program to measure the species harvest and hunter participation data. 6, west on U.S. 6 to MA 28, west on MA composition of the swan harvest and These seasons are also subject to the 28 to I–195, west to the Rhode Island should use appropriate measures to following conditions: State line; except the waters, and the maximize hunter compliance in In the Atlantic Flyway: lands 150 yards inland from the high- reporting bill measurement and color —The season may be 90 days, between water mark, of the Assonet River information. October 1 and January 31. upstream to the MA 24 bridge, and the
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Taunton River upstream to the Center Parkway to the shoreline at Cape May a line extending east on I–80 to U.S. St.-Elm St. bridge shall be in the Coastal and continuing to the Delaware State 220, Route 220 to I–180, I–180 to I–80, Zone. line in Delaware Bay. and I–80 to the Delaware River. Coastal Zone: That portion of North Zone: That portion of the State South Zone: The remaining portion of Massachusetts east and south of the west of the Coastal Zone and north of Pennsylvania. Central Zone. a line extending west from the Garden Vermont New Hampshire State Parkway on NJ 70 to the New Jersey Turnpike, north on the turnpike Lake Champlain Zone: The U.S. Northern Zone: That portion of the to U.S. 206, north on U.S. 206 to U.S. portion of Lake Champlain and that area State east and north of the Inland Zone 1 at Trenton, west on U.S. 1 to the north and west of the line extending beginning at the Jct. of Rte. 10 and Rte. Pennsylvania State line in the Delaware from the New York border along U.S. 4 25A in Orford, east on Rte. 25A to Rte. River. to VT 22A at Fair Haven; VT 22A to U.S. 25 in Wentworth, southeast on Rte. 25 South Zone: That portion of the State 7 at Vergennes; U.S. 7 to VT 78 at to Exit 26 of Rte. I–93 in Plymouth, not within the North Zone or the Coastal Swanton; VT 78 to VT 36; VT 36 to south on Rte. I–93 to Rte. 3 at Exit 24 Zone. Maquam Bay on Lake Champlain; along of Rte. I–93 in Ashland, northeast on and around the shoreline of Maquam Rte. 3 to Rte. 113 in Holderness, north New York Bay and Hog Island to VT 78 at the West on Rte. 113 to Rte. 113–A in Sandwich, Lake Champlain Zone: That area east Swanton Bridge; VT 78 to VT 2 in north on Rte. 113–A to Rte. 113 in and north of a continuous line Alburg; VT 2 to the Richelieu River in Tamworth, east on Rte. 113 to Rte. 16 extending along U.S. 11 from the New Alburg; along the east shore of the in Chocorua, north on Rte. 16 to Rte. York-Canada International boundary Richelieu River to the Canadian border. 302 in Conway, east on Rte. 302 to the south to NY 9B, south along NY 9B to Interior Zone: That portion of Maine-New Hampshire border. U.S. 9, south along U.S. 9 to NY 22 Vermont east of the Lake Champlain Inland Zone: That portion of the State south of Keesville; south along NY 22 to Zone and west of a line extending from south and west of the Northern Zone, the west shore of South Bay, along and the Massachusetts border at Interstate west of the Coastal Zone, and includes around the shoreline of South Bay to NY 91; north along Interstate 91 to U.S. 2; the area of Vermont and New 22 on the east shore of South Bay; east along U.S. 2 to VT 102; north along Hampshire as described for hunting southeast along NY 22 to U.S. 4, VT 102 to VT 253; north along VT 253 reciprocity. A person holding a New northeast along U.S. 4 to the Vermont to the Canadian border. Hampshire hunting license which State line. Connecticut River Zone: The allows the taking of migratory waterfowl Long Island Zone: That area remaining portion of Vermont east of or a person holding a Vermont resident consisting of Nassau County, Suffolk the Interior Zone. hunting license which allows the taking County, that area of Westchester County Mississippi Flyway of migratory waterfowl may take southeast of I–95, and their tidal waters. migratory waterfowl and coots from the Western Zone: That area west of a line Alabama following designated area of the Inland extending from Lake Ontario east along South Zone: Mobile and Baldwin Zone: the State of Vermont east of Rte. the north shore of the Salmon River to Counties. I–91 at the Massachusetts border, north I–81, and south along I–81 to the North Zone: The remainder of on Rte. I–91 to Rte. 2, north on Rte. 2 Pennsylvania State line. Alabama. to Rte. 102, north on Rte. 102 to Rte. Northeastern Zone: That area north of Illinois 253, and north on Rte. 253 to the border a continuous line extending from Lake with Canada and the area of NH west of Ontario east along the north shore of the North Zone: That portion of the State Rte. 63 at the MA border, north on Rte. Salmon River to I–81, south along I–81 north of a line extending west from the 63 to Rte. 12, north on Rte. 12 to Rte. to NY 31, east along NY 31 to NY 13, Indiana border along Peotone-Beecher 12–A, north on Rte. 12A to Rte 10, north north along NY 13 to NY 49, east along Road to Illinois Route 50, south along on Rte. 10 to Rte. 135, north on Rte. 135 NY 49 to NY 365, east along NY 365 to Illinois Route 50 to Wilmington-Peotone to Rte. 3, north on Rte. 3 to the NY 28, east along NY 28 to NY 29, east Road, west along Wilmington-Peotone intersection with the Connecticut River. along NY 29 to NY 22, north along NY Road to Illinois Route 53, north along Coastal Zone: That portion of the 22 to Washington County Route 153, Illinois Route 53 to New River Road, State east of a line beginning at the east along CR 153 to the New York— northwest along New River Road to Maine-New Hampshire border in Vermont boundary, exclusive of the Interstate Highway 55, south along I–55 Rollinsford, then extending to Rte. 4 Lake Champlain Zone. to Pine Bluff-Lorenzo Road, west along west to the city of Dover, south to the Southeastern Zone: The remaining Pine Bluff-Lorenzo Road to Illinois intersection of Rte. 108, south along Rte. portion of New York. Route 47, north along Illinois Route 47 108 through Madbury, Durham, and to I–80, west along I–80 to I–39, south Newmarket to the junction of Rte. 85 in Pennsylvania along I–39 to Illinois Route 18, west Newfields, south to Rte. 101 in Exeter, Lake Erie Zone: The Lake Erie waters along Illinois Route 18 to Illinois Route east to Interstate 95 (New Hampshire of Pennsylvania and a shoreline margin 29, south along Illinois Route 29 to Turnpike) in Hampton, and south to the along Lake Erie from New York on the Illinois Route 17, west along Illinois Massachusetts border. east to Ohio on the west extending 150 Route 17 to the Mississippi River, and yards inland, but including all of due south across the Mississippi River New Jersey Presque Isle Peninsula. to the Iowa border. Coastal Zone: That portion of the Northwest Zone: The area bounded on Central Zone: That portion of the State seaward of a line beginning at the the north by the Lake Erie Zone and State south of the North Duck Zone line New York State line in Raritan Bay and including all of Erie and Crawford to a line extending west from the extending west along the New York Counties and those portions of Mercer Indiana border along I–70 to Illinois State line to NJ 440 at Perth Amboy; and Venango Counties north of I–80. Route 4, south along Illinois Route 4 to west on NJ 440 to the Garden State North Zone: That portion of the State Illinois Route 161, west along Illinois Parkway; south on the Garden State east of the Northwest Zone and north of Route 161 to Illinois Route 158, south
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and west along Illinois Route 158 to along State Highway 141 to U.S. that point on a line directly northeast to Illinois Route 159, south along Illinois Highway 30, and along U.S. Highway 30 the Canadian border. Route 159 to Illinois Route 3, south to the Illinois border. South Zone: The remainder of along Illinois Route 3 to St. Leo’s Road, Missouri River Zone: That portion of Michigan. south along St. Leo’s Road to Modoc Iowa west of a line beginning on the Minnesota Road, west along Modoc Road to Modoc South Dakota-Iowa border at Interstate Ferry Road, southwest along Modoc 29, southeast along Interstate 29 to State North Duck Zone: That portion of the Ferry Road to Levee Road, southeast Highway 175, and west along State State north of a line extending east from along Levee Road to County Route 12 Highway 175 to the Iowa-Nebraska the North Dakota State line along State (Modoc Ferry entrance Road), south border. Highway 210 to State Highway 23 and along County Route 12 to the Modoc South Zone: The remainder of Iowa. east to State Highway 39 and east to the Ferry route and southwest on the Modoc Wisconsin State line at the Oliver Kentucky Ferry route across the Mississippi River Bridge. to the Missouri border. West Zone: All counties west of and South Duck Zone: The portion of the South Zone: That portion of the State including Butler, Daviess, Ohio, State south of a line extending east from south and east of a line extending west Simpson, and Warren Counties. the South Dakota State line along U.S. from the Indiana border along Interstate East Zone: The remainder of Highway 212 to Interstate 494 and east 70, south along U.S. Highway 45, to Kentucky. to Interstate 94 and east to the Illinois Route 13, west along Illinois Louisiana Wisconsin State line. Route 13 to Greenbriar Road, north on Central Duck Zone: The remainder of Greenbriar Road to Sycamore Road, West: That portion of the State west the State. and north of a line beginning at the west on Sycamore Road to N. Reed Missouri Station Road, south on N. Reed Station Arkansas-Louisiana border on LA 3; Road to Illinois Route 13, west along south on LA 3 to Bossier City; then east North Zone: That portion of Missouri Illinois Route 13 to Illinois Route 127, along I–20 to Minden; then south along north of a line running west from the south along Illinois Route 127 to State LA 7 to Ringgold; then east along LA 4 Illinois border at Lock and Dam 25; west Forest Road (1025 N), west along State to Jonesboro; then south along U.S. Hwy on Lincoln County Hwy. N to Mo. Hwy. Forest Road to Illinois Route 3, north 167 to its junction with LA 106; west on 79; south on Mo. Hwy. 79 to Mo. Hwy. along Illinois Route 3 to the south bank LA 106 to Oakdale; then south on U.S. 47; west on Mo. Hwy. 47 to I–70; west of the Big Muddy River, west along the Hwy 165 to junction with U.S. Hwy 190 on I–70 to the Kansas border. south bank of the Big Muddy River to at Kinder; then west on U.S. Hwy 190/ Middle Zone: The remainder of the Mississippi River, west across the LA 12 to the Texas State border. Missouri not included in other zones. Mississippi River to the Missouri East: That portion of the State east South Zone: That portion of Missouri border. and north of a line beginning at the south of a line running west from the South Central Zone: The remainder of Arkansas-Louisiana border on LA 3; Illinois border on Mo. Hwy. 74 to Mo. the State between the south border of south on LA 3 to Bossier City; then east Hwy. 25; south on Mo. Hwy. 25 to U.S. the Central Zone and the North border along I–20 to Minden; then south along Hwy. 62; west on U.S. Hwy. 62 to Mo. of the South Zone. LA 7 to Ringgold; then east along LA 4 Hwy. 53; north on Mo. Hwy. 53 to Mo. to Jonesboro; then south along U.S. Hwy Hwy. 51; north on Mo. Hwy. 51 to U.S. Indiana 167 to Lafayette; then southeast along Hwy. 60; west on U.S. Hwy. 60 to Mo. North Zone: That part of Indiana U.S. Hwy 90 to the Mississippi State Hwy. 21; north on Mo. Hwy. 21 to Mo. north of a line extending east from the line. Hwy. 72; west on Mo. Hwy. 72 to Mo. Illinois border along State Road 18 to Coastal: Remainder of the State. Hwy. 32; west on Mo. Hwy. 32 to U.S. Hwy. 65; north on U.S. Hwy. 65 to U.S. U.S. 31; north along U.S. 31 to U.S. 24; Michigan east along U.S. 24 to Huntington; Hwy. 54; west on U.S. Hwy. 54 to U.S. southeast along U.S. 224; south along North Zone: The Upper Peninsula. Hwy. 71; south on U.S. Hwy. 71 to State Road 5; and east along State Road Middle Zone: That portion of the Jasper County Hwy. M (Base Line 124 to the Ohio border. Lower Peninsula north of a line Blvd.); west on Jasper County Hwy. M Central Zone: That part of Indiana beginning at the Wisconsin State line in (Base Line Blvd.) to CRD 40 (Base Line south of the North Zone boundary and Lake Michigan due west of the mouth of Blvd.); west on CRD 40 (Base Line north of the South Zone boundary. Stony Creek in Oceana County; then due Blvd.) to the Kansas border. South Zone: That part of Indiana east to, and easterly and southerly along Ohio south of a line extending east from the the south shore of Stony Creek to Scenic Illinois border along U.S. 40; south Drive, easterly and southerly along Lake Erie Marsh Zone: Includes all along U.S. 41; east along State Road 58; Scenic Drive to Stony Lake Road, land and water within the boundaries of south along State Road 37 to Bedford; easterly along Stony Lake and Garfield the area bordered by Interstate 75 from and east along U.S. 50 to the Ohio Roads to Michigan Highway 20, east the Ohio-Michigan line to Interstate 280 border. along Michigan 20 to U.S. Highway 10 to Interstate 80 to the Erie-Lorain Business Route (BR) in the city of County line extending to a line Iowa Midland, easterly along U.S. 10 BR to measuring two hundred (200) yards North Zone: That portion of Iowa U.S. 10, easterly along U.S. 10 to from the shoreline into the waters of north of a line beginning on the South Interstate Highway 75/U.S. Highway 23, Lake Erie and including the waters of Dakota-Iowa border at Interstate 29, northerly along I–75/U.S. 23 to the U.S. Sandusky Bay and Maumee Bay. southeast along Interstate 29 to State 23 exit at Standish, easterly along U.S. North Zone: That portion of the State Highway 175, east along State Highway 23 to the centerline of the Au Gres north of a line beginning at the Ohio- 175 to State Highway 37, southeast River, then southerly along the Indiana border and extending east along along State Highway 37 to State centerline of the Au Gres River to Interstate 70 to the Ohio-West Virginia Highway 183, northeast along State Saginaw Bay, then on a line directly east border. Highway 183 to State Highway 141, east 10 miles into Saginaw Bay, and from South Zone: The remainder of Ohio.
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Tennessee with U.S.–24, then west on U.S.–24 to U.S.–281 to its junction with U.S.–54, Reelfoot Zone: All or portions of Lake its junction with K–18, then southeast then west on U.S.–54 to its junction and Obion Counties. on K–18 to its junction with U.S.–183, with U.S.–183, then north on U.S.–183 Remainder of State: That portion of then south on U.S.–183 to its junction to its junction with U.S.–56, then Tennessee outside of the Reelfoot Zone. with K–4, then east on K–4 to its southwest on U.S.–56 to its junction junction with I–135, then south on I– with Ford County Rd 126, then south on Wisconsin 135 to its junction with K–61, then Ford County Rd 126 to its junction with North Zone: That portion of the State southwest on K–61 to McPherson U.S.–400, then northwest on U.S.–400 north of a line extending east from the County 14th Avenue, then south on to its junction with U.S.–283, then south Minnesota State line along U.S. McPherson County 14th Avenue to its on U.S.–283 to its junction with the Highway 10 into Portage County to junction with Arapaho Rd, then west on Oklahoma-Kansas State line, then east County Highway HH, east on County Arapaho Rd to its junction with K–61, along the Oklahoma-Kansas State line to Highway HH to State Highway 66 and then southwest on K–61 to its junction its junction with U.S.–77, then north on then east on State Highway 66 to U.S. with K–96, then northwest on K–96 to U.S.–77 to its junction with Butler Highway 10, continuing east on U.S. its junction with U.S.–56, then County, NE 150th Street, then east on Highway 10 to U.S. Highway 41, then southwest on U.S.–56 to its junction Butler County, NE 150th Street to its north on U.S. Highway 41 to the with K–19, then east on K–19 to its junction with U.S.–35, then northeast Michigan State line. junction with U.S.–281, then south on on U.S.–35 to its junction with K–68, Mississippi River Zone: That area U.S.–281 to its junction with U.S.–54, then east on K–68 to the Kansas- encompassed by a line beginning at the then west on U.S.–54 to its junction Missouri State line, then north along the intersection of the Burlington Northern with U.S.–183, then north on U.S.–183 Kansas-Missouri State line to its & Santa Fe Railway and the Illinois to its junction with U.S.–56, then junction with the Nebraska State line, State line in Grant County and southwest on U.S.–56 to its junction then west along the Kansas-Nebraska extending northerly along the with Ford County Rd 126, then south on State line to its junction with K–128. Burlington Northern & Santa Fe Railway Ford County Rd 126 to its junction with Southeast Zone: That part of Kansas to the city limit of Prescott in Pierce U.S.–400, then northwest on U.S.–400 bounded by a line from the Missouri- County, then west along the Prescott to its junction with U.S.–283, then north Kansas State line west on K–68 to its city limit to the Minnesota State line. on U.S.–283 to its junction with the junction with U.S.–35, then southwest South Zone: The remainder of Nebraska-Kansas State line, then east on U.S.–35 to its junction with Butler Wisconsin. along the Nebraska-Kansas State line to County, NE 150th Street, then west on its junction with K–128. NE 150th Street until its junction with Central Flyway Late Zone: That part of Kansas K–77, then south on K–77 to the Colorado (Central Flyway Portion) bounded by a line from the Nebraska- Oklahoma-Kansas State line, then east Kansas State line south on K–128 to its along the Kansas-Oklahoma State line to Northeast Zone: All areas east of its junction with the Missouri State line, Interstate 25 and north of Interstate 70. junction with U.S.–36, then east on U.S.–36 to its junction with K–199, then then north along the Kansas-Missouri Southeast Zone: All areas east of State line to its junction with K–68. Interstate 25 and south of Interstate 70, south on K–199 to its junction with and all of El Paso, Pueblo, Huerfano, Republic County 30 Rd, then south on Montana (Central Flyway Portion) and Las Animas Counties. Republic County 30 Rd to its junction Zone 1: The Counties of Blaine, Mountain/Foothills Zone: All areas with K–148, then east on K–148 to its Carbon, Carter, Daniels, Dawson, Fallon, west of Interstate 25 and east of the junction with Republic County 50 Rd, Ferus, Garfield, Golden Valley, Judith Continental Divide, except El Paso, then south on Republic County 50 Rd to Basin, McCone, Musselshell, Petroleum, Pueblo, Huerfano, and Las Animas its junction with Cloud County 40th Rd, Phillips, Powder River, Richland, Counties. then south on Cloud County 40th Rd to Roosevelt, Sheridan, Stillwater, Sweet its junction with K–9, then west on K– Kansas Grass, Valley, Wheatland, Wibaux, and 9 to its junction with U.S.–24, then west Yellowstone. High Plains Zone: That portion of the on U.S.–24 to its junction with U.S.– Zone 2: The Counties of Big Horn, State west of U.S. 283. 281, then north on U.S.–281 to its Custer, Prairie, Rosebud, and Treasure. Early Zone: That part of Kansas junction with U.S.–36, then west on bounded by a line from the Nebraska- U.S.–36 to its junction with U.S.–183, Nebraska Kansas State line south on K–128 to its then south on U.S.–183 to its junction High Plains: That portion of Nebraska junction with U.S.–36, then east on with U.S.–24, then west on U.S.–24 to lying west of a line beginning at the U.S.–36 to its junction with K–199, then its junction with K–18, then southeast South Dakota-Nebraska border on U.S. south on K–199 to its junction with on K–18 to its junction with U.S.–183, Hwy. 183; south on U.S. Hwy. 183 to Republic County 30 Rd, then south on then south on U.S.–183 to its junction U.S. Hwy. 20; west on U.S. Hwy. 20 to Republic County 30 Rd to its junction with K–4, then east on K–4 to its NE Hwy. 7; south on NE Hwy. 7 to NE with K–148, then east on K–148 to its junction with I–135, then south on I– Hwy. 91; southwest on NE Hwy. 91 to junction with Republic County 50 Rd, 135 to its junction with K–61, then NE Hwy. 2; southeast on NE Hwy. 2 to then south on Republic County 50 Rd to southwest on K–61 to 14th Avenue, NE Hwy. 92; west on NE Hwy. 92 to NE its junction with Cloud County 40th Rd, then south on 14th Avenue to its Hwy. 40; south on NE Hwy. 40 to NE then south on Cloud County 40th Rd to junction with Arapaho Rd, then west on Hwy. 47; south on NE Hwy. 47 to NE its junction with K–9, then west on Arapaho Rd to its junction with K–61, Hwy. 23; east on NE Hwy. 23 to U.S. K–9 to its junction with U.S.–24, then then southwest on K–61 to its junction Hwy. 283; and south on U.S. Hwy. 283 west on U.S.–24 to its junction with with K–96, then northwest on K–96 to to the Kansas-Nebraska border. U.S.–281, then north on U.S.–281 to its its junction with U.S.–56, then Zone 1: Area bounded by designated junction with U.S.–36, then west on southwest on U.S.–56 to its junction Federal and State highways and U.S.–36 to its junction with U.S.–183, with K–19, then east on K–19 to its political boundaries beginning at the then south on U.S.–183 to its junction junction with U.S.–281, then south on South Dakota-Nebraska border west of
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NE Hwy. 26E Spur and north of NE Zone 4: Area encompassed by Oklahoma Hwy. 12; those portions of Dixon, Cedar designated Federal and State highways High Plains Zone: The Counties of and Knox Counties north of NE Hwy. and County Roads beginning at the Beaver, Cimarron, and Texas. 12; that portion of Keya Paha County intersection of NE Hwy. 8 and U.S. Low Plains Zone 1: That portion of east of U.S. Hwy. 183; and all of Boyd Hwy. 75; north to U.S. Hwy. 136; east the State east of the High Plains Zone County. Both banks of the Niobrara to the intersection of U.S. Hwy. 136 and and north of a line extending east from River in Keya Paha and Boyd counties the Steamboat Trace (Trace); north along the Texas State line along OK 33 to OK east of U.S. Hwy. 183 shall be included the Trace to the intersection with 47, east along OK 47 to U.S. 183, south in Zone 1. Federal Levee R–562; north along Zone 2: The area south of Zone 1 and along U.S. 183 to I–40, east along I–40 Federal Levee R–562 to the intersection to U.S. 177, north along U.S. 177 to OK north of Zone 3. with the Trace; north along the Trace/ Zone 3: Area bounded by designated 33, east along OK 33 to OK 18, north Burlington Northern Railroad right-of- along OK 18 to OK 51, west along OK Federal and State highways, County way to NE Hwy. 2; west to U.S. Hwy. Roads, and political boundaries 51 to I–35, north along I–35 to U.S. 412, 75; north to NE Hwy. 2; west to NE west along U.S. 412 to OK 132, then beginning at the Wyoming-Nebraska Hwy. 43; north to U.S. Hwy. 34; east to border at the intersection of the north along OK 132 to the Kansas State NE Hwy. 63; north to NE Hwy. 66; north line. Interstate Canal; east along northern and west to U.S. Hwy. 77; north to NE borders of Scotts Bluff and Morrill Low Plains Zone 2: The remainder of Hwy. 92; west to NE Hwy. Spur 12F; Oklahoma. Counties to Broadwater Road; south to south to Butler County Rd 30; east to Morrill County Rd 94; east to County Rd County Rd X; south to County Rd 27; South Dakota 135; south to County Rd 88; southeast west to County Rd W; south to County High Plains Zone: That portion of the to County Rd 151; south to County Rd Rd 26; east to County Rd X; south to 80; east to County Rd 161; south to State west of a line beginning at the County Rd 21 (Seward County Line); North Dakota State line and extending County Rd 76; east to County Rd 165; west to NE Hwy. 15; north to County Rd south to Country Rd 167; south to U.S. south along U.S. 83 to U.S. 14, east on 34; west to County Rd J; south to NE U.S. 14 to Blunt, south on the Blunt- Hwy. 26; east to County Rd 171; north Hwy. 92; west to U.S. Hwy. 81; south to to County Rd 68; east to County Rd 183; Canning Rd to SD 34, east and south on NE Hwy. 66; west to Polk County Rd C; SD 34 to SD 50 at Lee’s Corner, south south to County Rd 64; east to County north to NE Hwy. 92; west to U.S. Hwy. Rd 189; north to County Rd 70; east to on SD 50 to I–90, east on I–90 to SD 50, 30; west to Merrick County Rd 17; south south on SD 50 to SD 44, west on SD County Rd 201; south to County Rd to Hordlake Road; southeast to Prairie 60A; east to County Rd 203; south to 44 across the Platte-Winner bridge to SD Island Road; southeast to Hamilton 47, south on SD 47 to U.S. 18, east on County Rd 52; east to Keith County County Rd T; south to NE Hwy. 66; west Line; east along the northern boundaries U.S. 18 to SD 47, south on SD 47 to the to NE Hwy. 14; south to County Rd 22; of Keith and Lincoln Counties to NE Nebraska State line. west to County Rd M; south to County Hwy. 97; south to U.S. Hwy 83; south North Zone: That portion of Rd 21; west to County Rd K; south to to E Hall School Rd; east to N Airport northeastern South Dakota east of the U.S. Hwy. 34; west to NE Hwy. 2; south Road; south to U.S. Hwy. 30; east to High Plains Unit and north of a line to U.S. Hwy. I–80; west to Gunbarrel Rd Merrick County Rd 13; north to County extending east along U.S. 212 to the (Hall/Hamilton county line); south to Rd O; east to NE Hwy. 14; north to NE Minnesota State line. Giltner Rd; west to U.S. Hwy. 281; south Hwy. 52; west and north to NE Hwy. 91; South Zone: That portion of Gregory to U.S. Hwy. 34; west to NE Hwy. 10; west to U.S. Hwy. 281; south to NE County east of SD 47 and south of SD north to Kearney County Rd R and Hwy. 22; west to NE Hwy. 11; northwest 44; Charles Mix County south of SD 44 to NE Hwy. 91; west to U.S. Hwy. 183; Phelps County Rd 742; west to U.S. to the Douglas County line; south on SD south to Round Valley Rd; west to Hwy. 283; south to U.S. Hwy 34; east to 50 to Geddes; east on the Geddes Sargent River Rd; west to Sargent Rd; U.S. Hwy. 136; east to U.S. Hwy. 183; Highway to U.S. 281; south on U.S. 281 west to Milburn Rd; north to Blaine north to NE Hwy. 4; east to NE Hwy. 10; and U.S. 18 to SD 50; south and east on County Line; east to Loup County Line; south to U.S. Hwy. 136; east to NE Hwy. SD 50 to the Bon Homme County line; north to NE Hwy. 91; west to North 14; south to NE Hwy. 8; east to U.S. the Counties of Bon Homme, Yankton, Loup Spur Rd; north to North Loup Hwy. 81; north to NE Hwy. 4; east to NE and Clay south of SD 50; and Union River Rd; east to Pleasant Valley/Worth Hwy. 15; south to U.S. Hwy. 136; east County south and west of SD 50 and Rd; east to Loup County Line; north to to NE Hwy. 103; south to NE Hwy. 8; I–29. Loup-Brown county line; east along east to U.S. Hwy. 75. Middle Zone: The remainder of South northern boundaries of Loup and New Mexico (Central Flyway Portion) Dakota. Garfield Counties to Cedar River Road; Texas south to NE Hwy. 70; east to U.S. Hwy. North Zone: That portion of the State 281; north to NE Hwy. 70; east to NE north of I–40 and U.S. 54. High Plains Zone: That portion of the Hwy. 14; south to NE Hwy. 39; South Zone: The remainder of New State west of a line extending south southeast to NE Hwy. 22; east to U.S. Mexico. from the Oklahoma State line along U.S. Hwy. 81; southeast to U.S. Hwy. 30; east North Dakota 183 to Vernon, south along U.S. 283 to to U.S. Hwy. 75; north to the Albany, south along TX 6 to TX 351 to Washington County line; east to the High Plains Unit: That portion of the Abilene, south along U.S. 277 to Del Iowa-Nebraska border; south to the State south and west of a line from the Rio, then south along the Del Rio Missouri-Nebraska border; south to South Dakota State line along U.S. 83 International Toll Bridge access road to Kansas-Nebraska border; west along and I–94 to ND 41, north to U.S. 2, west the Mexico border. Kansas-Nebraska border to Colorado- to the Williams/Divide County line, Low Plains North Zone: That portion Nebraska border; north and west to then north along the County line to the of northeastern Texas east of the High Wyoming-Nebraska border; north to Canadian border. Plains Zone and north of a line intersection of Interstate Canal; and Low Plains Unit: The remainder of beginning at the International Toll excluding that area in Zone 4. North Dakota. Bridge south of Del Rio, then extending
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east on U.S. 90 to San Antonio, then south on a road known as ‘‘Aqueduct Nevada continuing east on I–10 to the Louisiana Road’’ in San Bernardino County Northeast Zone: All of Elko and White State line at Orange, Texas. through the town of Rice to the San Pine Counties. Low Plains South Zone: The Bernardino-Riverside County line; south Northwest Zone: All of Carson City, remainder of Texas. on a road known in Riverside County as Churchill, Douglas, Esmeralda, Eureka, Wyoming (Central Flyway portion) the ‘‘Desert Center to Rice Road’’ to the Humboldt, Lander, Lyon, Mineral, Nye, town of Desert Center; east 31 miles on Zone C1: Big Horn, Converse, Goshen, Pershing, Storey, and Washoe Counties. I–10 to the Wiley Well Road; south on South Zone: All of Clark and Lincoln Hot Springs, Natrona, Park, Platte, and this road to Wiley Well; southeast along Counties. Washakie Counties; and Fremont the Army-Milpitas Road to the Blythe, Moapa Valley Special Management County excluding the portions west or Brawley, Davis Lake intersections; south Area: That portion of Clark County south of the Continental Divide. on the Blythe-Brawley paved road to the including the Moapa Valley to the Zone C2: Campbell, Crook, Johnson, Ogilby and Tumco Mine Road; south on Niobrara, Sheridan, and Weston confluence of the Muddy and Virgin this road to U.S. 80; east 7 miles on U.S. Rivers. Counties. 80 to the Andrade-Algodones Road; Zone C3: Albany and Laramie south on this paved road to the Mexican Oregon Counties; and that portion of Carbon border at Algodones, Mexico. Zone 1: Clatsop, Tillamook, Lincoln, County east of the Continental Divide. Southern Zone: That portion of Lane, Douglas, Coos, Curry, Josephine, Pacific Flyway southern California (but excluding the Jackson, Linn, Benton, Polk, Marion, Arizona Colorado River Zone) south and east of Yamhill, Washington, Columbia, a line extending from the Pacific Ocean Multnomah, Clackamas, Hood River, Game Management Units (GMU) as east along the Santa Maria River to CA Wasco, Sherman, Gilliam, Morrow and follows: 166 near the City of Santa Maria; east on Umatilla Counties. South Zone: Those portions of GMUs CA 166 to CA 99; south on CA 99 to the Columbia Basin Mallard Management 6 and 8 in Yavapai County, and GMUs crest of the Tehachapi Mountains at Unit: Gilliam, Morrow, and Umatilla 10 and 12B–45. Counties. North Zone: GMUs 1–5, those Tejon Pass; east and north along the crest of the Tehachapi Mountains to CA Zone 2: The remainder of Oregon not portions of GMUs 6 and 8 within included in Zone 1. Coconino County, and GMUs 7, 9, 12A. 178 at Walker Pass; east on CA 178 to U.S. 395 at the town of Inyokern; south Utah California on U.S. 395 to CA 58; east on CA 58 to Zone 1: All of Box Elder, Cache, Northeastern Zone: In that portion of I–15; east on I–15 to CA 127; north on CA 127 to the Nevada State line. Daggett, Davis, Duchesne, Morgan, Rich, California lying east and north of a line Salt Lake, Summit, Uintah, Utah, beginning at the intersection of Southern San Joaquin Valley Zone: All of Kings and Tulare Counties and Wasatch, and Weber Counties, and that Interstate 5 with the California-Oregon part of Toole County north of I–80. line; south along Interstate 5 to its that portion of Kern County north of the Southern Zone. Zone 2: The remainder of Utah not junction with Walters Lane south of the included in Zone 1. town of Yreka; west along Walters Lane Balance of State Zone: The remainder to its junction with Easy Street; south of California not included in the Washington along Easy Street to the junction with Northeastern, Southern, and Colorado East Zone: All areas east of the Pacific Old Highway 99; south along Old River Zones, and the Southern San Crest Trail and east of the Big White Highway 99 to the point of intersection Joaquin Valley Zone. Salmon River in Klickitat County. with Interstate 5 north of the town of Idaho Columbia Basin Mallard Management Weed; south along Interstate 5 to its Unit: Same as East Zone. junction with Highway 89; east and Zone 1: All lands and waters within West Zone: The remainder of south along Highway 89 to Main Street the Fort Hall Indian Reservation, Washington not included in the East Greenville; north and east to its junction including private in-holdings; Bannock Zone. with North Valley Road; south to its County; Bingham County, except that junction of Diamond Mountain Road; portion within the Blackfoot Reservoir Wyoming (Pacific Flyway Portion) north and east to its junction with North drainage; Caribou County within the Snake River Zone: Beginning at the Arm Road; south and west to the Fort Hall Indian Reservation; and Power south boundary of Yellowstone National junction of North Valley Road; south to County east of State Highway 37 and Park and the Continental Divide; south the junction with Arlington Road (A22); State Highway 39. along the Continental Divide to Union west to the junction of Highway 89; Zone 2: Adams, Bear Lake, Benewah, Pass and the Union Pass Road (U.S.F.S. south and west to the junction of Blaine, Bonner, Bonneville, Boundary, Road 600); west and south along the Highway 70; east on Highway 70 to Butte, Camas, Clark, Clearwater, Custer, Union Pass Road to U.S.F.S. Road 605; Highway 395; south and east on Franklin, Fremont, Idaho, Jefferson, south along U.S.F.S. Road 605 to the Highway 395 to the point of intersection Kootenai, Latah, Lemhi, Lewis, Bridger–Teton National Forest with the California-Nevada State line; Madison, Nez Perce, Oneida, Shoshone, boundary; along the national forest north along the California-Nevada State Teton, and Valley Counties; Bingham boundary to the Idaho State line; north line to the junction of the California- County within the Blackfoot Reservoir along the Idaho State line to the south Nevada-Oregon State lines; west along drainage; Caribou County, except the boundary of Yellowstone National Park; the California-Oregon State line to the Fort Hall Indian Reservation; and Power east along the Yellowstone National point of origin. County west of State Highway 37 and Park boundary to the Continental Colorado River Zone: Those portions State Highway 39. Divide. of San Bernardino, Riverside, and Zone 3: Ada, Boise, Canyon, Cassia, Balance of State Zone: The remainder Imperial Counties east of a line Elmore, Gem, Gooding, Jerome, Lincoln, of the Pacific Flyway portion of extending from the Nevada State line Minidoka, Owyhee, Payette, Twin Falls, Wyoming not included in the Snake south along U.S. 95 to Vidal Junction; and Washington Counties. River Zone.
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Geese intersection with Route 440 at Perth along Route 29 to Route 22 at Amboy; then west on Route 440 to its Greenwich Junction, north along Route Atlantic Flyway intersection with Route 287; then west 22 to Washington County Route 153, Connecticut along Route 287 to its intersection with east along CR 153 to the New York- AP Unit: Litchfield County and the Route 206 in Bedminster (Exit 18); then Vermont boundary, exclusive of the portion of Hartford County west of a north along Route 206 to its intersection Lake Champlain Zone. line beginning at the Massachusetts with Route 94: then west along Route 94 East Central Goose Area: That area of border in Suffield and extending south to the tollbridge in Columbia; then north New York State lying inside of a along Route 159 to its intersection with along the Pennsylvania State boundary continuous line extending from Route 91 in Hartford, and then in the Delaware River to the beginning Interstate Route 81 in Cicero, east along extending south along Route 91 to its point. In southern New Jersey, that Route 31 to Route 13, north along Route intersection with the Hartford/ portion of the State within a continuous 13 to Route 49, east along Route 49 to Route 365, east along Route 365 to Middlesex County line. line that runs west from the Atlantic AFRP Unit: Starting at the Ocean at Ship Bottom along Route 72 to Route 28, east along Route 28 to Route intersection of I–95 and the Quinnipiac Route 70; then west along Route 70 to 29, east along Route 29 to Route 147 at River, north on the Quinnipiac River to Route 206; then south along Route 206 Kimball Corners, south along Route 147 to Schenectady County Route 40 (West its intersection with I–91, north on I–91 to Route 536; then west along Route 536 Glenville Road), west along Route 40 to to I–691, west on I–691 to the Hartford to Route 322; then west along Route 322 Touareuna Road, south along Touareuna County line, and encompassing the rest to Route 55; then south along Route 55 Road to Schenectady County Route 59, of New Haven County and Fairfield to Route 553 (Buck Road); then south south along Route 59 to State Route 5, County in its entirety. along Route 553 to Route 40; then east east along Route 5 to the Lock 9 bridge, NAP H–Unit: All of the rest of the along Route 40 to route 55; then south southwest along the Lock 9 bridge to State not included in the AP or AFRP along Route 55 to Route 552 (Sherman Route 5S, southeast along Route 5S to descriptions above. Avenue); then west along Route 552 to Schenectady County Route 58, South Zone: Same as for ducks. Carmel Road; then south along Carmel North Zone: Same as for ducks. Road to Route 49; then east along Route southwest along Route 58 to the NYS 49 to Route 555; then south along Route Thruway, south along the Thruway to Maine 555 to Route 553; then east along Route Route 7, southwest along Route 7 to Same zones as for ducks. 553 to Route 649; then north along Schenectady County Route 103, south Route 649 to Route 670; then east along along Route 103 to Route 406, east along Maryland Route 670 to Route 47; then north along Route 406 to Schenectady County Route Resident Population (RP) Zone: Route 47 to Route 548; then east along 99 (Windy Hill Road), south along Route Garrett, Allegany, Washington, Route 548 to Route 49; then east along 99 to Dunnsville Road, south along Frederick, and Montgomery Counties; Route 49 to Route 50; then south along Dunnsville Road to Route 397, that portion of Prince George’s County Route 50 to Route 9; then south along southwest along Route 397 to Route 146 west of Route 3 and Route 301; that Route 9 to Route 625 (Sea Isle City at Altamont, west along Route 146 to portion of Charles County west of Route Boulevard); then east along Route 625 to Albany County Route 252, northwest 301 to the Virginia State line; and that the Atlantic Ocean; then north to the along Route 252 to Schenectady County portion of Carroll County west of Route beginning point. Route 131, north along Route 131 to Route 7, west along Route 7 to Route 10 31 to the intersection of Route 97, and New York west of Route 97 to the Pennsylvania at Richmondville, south on Route 10 to line. Lake Champlain Goose Area: The Route 23 at Stamford, west along Route AP Zone: Remainder of the State. same as the Lake Champlain Waterfowl 23 to Route 7 in Oneonta, southwest Hunting Zone, which is that area of New along Route 7 to Route 79 to Interstate Massachusetts York State lying east and north of a Route 88 near Harpursville, west along NAP Zone: Central and Coastal Zones continuous line extending along Route Route 88 to Interstate Route 81, north (see duck zones). 11 from the New York-Canada along Route 81 to the point of AP Zone: The Western Zone (see duck International boundary south to Route beginning. zones). 9B, south along Route 9B to Route 9, West Central Goose Area: That area of Special Late Season Area: The Central south along Route 9 to Route 22 south New York State lying within a Zone and that portion of the Coastal of Keeseville, south along Route 22 to continuous line beginning at the point Zone (see duck zones) that lies north of the west shore of South Bay along and where the northerly extension of Route the Cape Cod Canal, north to the New around the shoreline of South Bay to 269 (County Line Road on the Niagara- Hampshire line. Route 22 on the east shore of South Bay, Orleans County boundary) meets the southeast along Route 22 to Route 4, International boundary with Canada, New Hampshire northeast along Route 4 to the New south to the shore of Lake Ontario at the Same zones as for ducks. York-Vermont boundary. eastern boundary of Golden Hill State Northeast Goose Area: The same as Park, south along the extension of Route New Jersey the Northeastern Waterfowl Hunting 269 and Route 269 to Route 104 at AP Zone: North and South Zones (see Zone, which is that area of New York Jeddo, west along Route 104 to Niagara duck zones). State lying north of a continuous line County Route 271, south along Route RP Zone: The Coastal Zone (see duck extending from Lake Ontario east along 271 to Route 31E at Middleport, south zones). the north shore of the Salmon River to along Route 31E to Route 31, west along Special Late Season Area: In northern Interstate 81, south along Interstate Route 31 to Griswold Street, south along New Jersey, that portion of the State Route 81 to Route 31, east along Route Griswold Street to Ditch Road, south within a continuous line that runs east 31 to Route 13, north along Route 13 to along Ditch Road to Foot Road, south along the New York State boundary line Route 49, east along Route 49 to Route along Foot Road to the north bank of to the Hudson River; then south along 365, east along Route 365 to Route 28, Tonawanda Creek, west along the north the New York State boundary to its east along Route 28 to Route 29, east bank of Tonawanda Creek to Route 93,
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south along Route 93 to Route 5, east Schenectady County Route 58, extending due south from the New along Route 5 to Crittenden-Murrays southwest along Route 58 to the NYS York-Connecticut boundary to the Corners Road, south on Crittenden- Thruway, south along the Thruway to northernmost end of Roanoke Avenue in Murrays Corners Road to the NYS Route 7, southwest along Route 7 to the Town of Riverhead; then south on Thruway, east along the Thruway 90 to Schenectady County Route 103, south Roanoke Avenue (which becomes Route 98 (at Thruway Exit 48) in along Route 103 to Route 406, east along County Route 73) to State Route 25; then Batavia, south along Route 98 to Route Route 406 to Schenectady County Route west on Route 25 to Peconic Avenue; 20, east along Route 20 to Route 19 in 99 (Windy Hill Road), south along Route then south on Peconic Avenue to Pavilion Center, south along Route 19 to 99 to Dunnsville Road, south along County Route (CR) 104 (Riverleigh Route 63, southeast along Route 63 to Dunnsville Road to Route 397, Avenue); then south on CR 104 to CR 31 Route 246, south along Route 246 to southwest along Route 397 to Route 146 (Old Riverhead Road); then south on CR Route 39 in Perry, northeast along Route at Altamont, southeast along Route 146 31 to Oak Street; then south on Oak 39 to Route 20A, northeast along Route to Main Street in Altamont, west along Street to Potunk Lane; then west on 20A to Route 20, east along Route 20 to Main Street to Route 156, southeast Stevens Lane; then south on Jessup Route 364 (near Canandaigua), south along Route 156 to Albany County Avenue (in Westhampton Beach) to and east along Route 364 to Yates Route 307, southeast along Route 307 to Dune Road (CR 89); then due south to County Route 18 (Italy Valley Road), Route 85A, southwest along Route 85A international waters. southwest along Route 18 to Yates to Route 85, south along Route 85 to Western Long Island Goose Area (RP County Route 34, east along Route 34 to Route 443, southeast along Route 443 to Area): That area of Westchester County Yates County Route 32, south along Albany County Route 301 at Clarksville, and its tidal waters southeast of Route 32 to Steuben County Route 122, southeast along Route 301 to Route 32, Interstate Route 95 and that area of south along Route 122 to Route 53, south along Route 32 to Route 23 at Nassau and Suffolk Counties lying west south along Route 53 to Steuben County Cairo, west along Route 23 to Joseph of a continuous line extending due Route 74, east along Route 74 to Route Chadderdon Road, southeast along south from the New York-Connecticut 54A (near Pulteney), south along Route Joseph Chadderdon Road to Hearts boundary to the northernmost end of the 54A to Steuben County Route 87, east Content Road (Greene County Route 31), Sunken Meadow State Parkway; then along Route 87 to Steuben County Route southeast along Route 31 to Route 32, south on the Sunken Meadow Parkway 96, east along Route 96 to Steuben south along Route 32 to Greene County to the Sagtikos State Parkway; then County Route 114, east along Route 114 Route 23A, east along Route 23A to south on the Sagtikos Parkway to the to Schuyler County Route 23, east and Interstate Route 87 (the NYS Thruway), Robert Moses State Parkway; then south southeast along Route 23 to Schuyler south along Route 87 to Route 28 (Exit on the Robert Moses Parkway to its County Route 28, southeast along Route 19) near Kingston, northwest on Route southernmost end; then due south to 28 to Route 409 at Watkins Glen, south 28 to Route 209, southwest on Route international waters. along Route 409 to Route 14, south 209 to the New York-Pennsylvania Central Long Island Goose Area (NAP along Route 14 to Route 224 at Montour boundary, southeast along the New Low Harvest Area): That area of Suffolk Falls, east along Route 224 to Route 228 York-Pennsylvania boundary to the New County lying between the Western and in Odessa, north along Route 228 to York-New Jersey boundary, southeast Eastern Long Island Goose Areas, as Route 79 in Mecklenburg, east along along the New York-New Jersey defined above. South Goose Area: The remainder of Route 79 to Route 366 in Ithaca, boundary to Route 210 near Greenwood New York State, excluding New York northeast along Route 366 to Route 13, Lake, northeast along Route 210 to City. northeast along Route 13 to Interstate Orange County Route 5, northeast along Special Late Canada Goose Area: That Route 81 in Cortland, north along Route Orange County Route 5 to Route 105 in area of the Central Long Island Goose 81 to the north shore of the Salmon the Village of Monroe, east and north Area lying north of State Route 25A and River to shore of Lake Ontario, along Route 105 to Route 32, northeast west of a continuous line extending extending generally northwest in a along Route 32 to Orange County Route northward from State Route 25A along straight line to the nearest point of the 107 (Quaker Avenue), east along Route Randall Road (near Shoreham) to North International boundary with Canada, 107 to Route 9W, north along Route 9W Country Road, then east to Sound Road south and west along the International to the south bank of Moodna Creek, and then north to Long Island Sound boundary to the point of beginning. southeast along the south bank of and then due north to the New York- Moodna Creek to the New Windsor- Hudson Valley Goose Area: That area Connecticut boundary. of New York State lying within a Cornwall town boundary, northeast continuous line extending from Route 4 along the New Windsor-Cornwall town North Carolina at the New York–Vermont boundary, boundary to the Orange-Dutchess SJBP Hunt Zone: Includes the west and south along Route 4 to Route County boundary (middle of the Hudson following Counties or portions of 149 at Fort Ann, west on Route 149 to River), north along the county boundary Counties: Anson, Cabarrus, Chatham, Route 9, south along Route 9 to to Interstate Route 84, east along Route Davidson, Durham, Halifax (that portion Interstate Route 87 (at Exit 20 in Glens 84 to the Dutchess-Putnam County east of NC 903), Montgomery (that Falls), south along Route 87 to Route 29, boundary, east along the county portion west of NC 109), Northampton, west along Route 29 to Route 147 at boundary to the New York-Connecticut Richmond (that portion south of NC 73 Kimball Corners, south along Route 147 boundary, north along the New York- and west of U.S. 220 and north of U.S. to Schenectady County Route 40 (West Connecticut boundary to the New York- 74), Rowan, Stanly, Union, and Wake. Glenville Road), west along Route 40 to Massachusetts boundary, north along RP Hunt Zone: Includes the following Touareuna Road, south along Touareuna the New York-Massachusetts boundary Counties or portions of Counties: Road to Schenectady County Route 59, to the New York-Vermont boundary, Alamance, Alleghany, Alexander, Ashe, south along Route 59 to State Route 5, north to the point of beginning. Avery, Beaufort, Bertie (that portion east along Route 5 to the Lock 9 bridge, Eastern Long Island Goose Area (NAP south and west of a line formed by NC southwest along the Lock 9 bridge to High Harvest Area): That area of Suffolk 45 at the Washington Co. line to U.S. 17 Route 5S, southeast along Route 5S to County lying east of a continuous line in Midway, U.S. 17 in Midway to U.S.
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13 in Windsor, U.S. 13 in Windsor to (see State regulations for detailed Indiana border along Interstate 80 to the Hertford Co. line), Bladen, descriptions). I–39, south along I–39 to Illinois Route Brunswick, Buncombe, Burke, Caldwell, 18, west along Illinois Route 18 to South Carolina Carteret, Caswell, Catawba, Cherokee, Illinois Route 29, south along Illinois Clay, Cleveland, Columbus, Craven, Canada Goose Area: Statewide except Route 29 to Illinois Route 17, west along Cumberland, Davie, Duplin, Edgecombe, for the following area: Illinois Route 17 to the Mississippi Forsyth, Franklin, Gaston, Gates, East of U.S. 301: That portion of River, and due south across the Graham, Granville, Greene, Guilford, Clarendon County bounded to the North Mississippi River to the Iowa border. Halifax (that portion west of NC 903), by S–14–25, to the East by Hwy 260, Central Zone: That portion of the Harnett, Haywood, Henderson, Hertford, and to the South by the markers State south of the North Goose Zone line Hoke, Iredell, Jackson, Johnston, Jones, delineating the channel of the Santee to a line extending west from the Lee, Lenoir, Lincoln, McDowell, Macon, River. Indiana border along I–70 to Illinois Madison, Martin, Mecklenburg, West of U.S. 301: That portion of Route 4, south along Illinois Route 4 to Mitchell, Montgomery (that portion that Clarendon County bounded on the Illinois Route 161, west along Illinois is east of NC 109), Moore, Nash, New North by S–14–26 extending southward Route 161 to Illinois Route 158, south Hanover, Onslow, Orange, Pamlico, to that portion of Orangeburg County and west along Illinois Route 158 to Pender, Person, Pitt, Polk, Randolph, bordered by Hwy 6. Illinois Route 159, south along Illinois Richmond (all of the county with Vermont Route 159 to Illinois Route 3, south exception of that portion that is south of along Illinois Route 3 to St. Leo’s Road, NC 73 and west of U.S. 220 and north Same zones as for ducks. south along St. Leo’s road to Modoc of U.S. 74), Robeson, Rockingham, Virginia Road, west along Modoc Road to Modoc Ferry Road, southwest along Modoc Rutherford, Sampson, Scotland, Stokes, AP Zone: The area east and south of Ferry Road to Levee Road, southeast Surry, Swain, Transylvania, Vance, the following line—the Stafford County along Levee Road to County Route 12 Warren, Watauga, Wayne, Wilkes, line from the Potomac River west to (Modoc Ferry entrance Road), south Wilson, Yadkin, and Yancey. Interstate 95 at Fredericksburg, then along County Route 12 to the Modoc Northeast Hunt Unit: Includes the south along Interstate 95 to Petersburg, Ferry route and southwest on the Modoc following Counties or portions of then Route 460 (SE) to City of Suffolk, Ferry route across the Mississippi River Counties: Bertie (that portion north and then south along Route 32 to the North to the Missouri border. east of a line formed by NC 45 at the Carolina line. South Zone: Same zones as for ducks. Washington County line to U.S. 17 in SJBP Zone: The area to the west of the South Central Zone: Same zones as for Midway, U.S. 17 in Midway to U.S. 13 AP Zone boundary and east of the ducks. in Windsor, U.S. 13 in Windsor to the following line: The ‘‘Blue Ridge’’ Hertford Co. line), Camden, Chowan, (mountain spine) at the West Virginia- Indiana Currituck, Dare, Hyde, Pasquotank, Virginia Border (Loudoun County- Perquimans, Tyrrell, and Washington. Same zones as for ducks but in Clarke County line) south to Interstate addition: Pennsylvania 64 (the Blue Ridge line follows county borders along the western edge of Special Canada Goose Seasons Resident Canada Goose Zone: All of Loudoun-Fauquier-Rappahannock- Late Canada Goose Season Zone: That Pennsylvania except for SJBP Zone and Madison-Greene-Albemarle and into part of the State encompassed by the the area east of route SR 97 from the Nelson Counties), then east along following Counties: Steuben, Lagrange, Maryland State Line to the intersection Interstate Rt. 64 to Route 15, then south Elkhart, St. Joseph, La Porte, Starke, of SR 194, east of SR 194 to intersection along Rt. 15 to the North Carolina line. Marshall, Kosciusko, Noble, De Kalb, of U.S. Route 30, south of U.S. Route 30 RP Zone: The remainder of the State Allen, Whitley, Huntington, Wells, to SR 441, east of SR 441 to SR 743, east west of the SJBP Zone. Adams, Boone, Hamilton, Madison, of SR 743 to intersection of I–81, east of Hendricks, Marion, Hancock, Morgan, I–81 to intersection of I–80, and south Mississippi Flyway Johnson, Shelby, Vermillion, Parke, of I–80 to the New Jersey State line. Alabama Vigo, Clay, Sullivan, and Greene. SJBP Zone: The area north of I–80 and Same zones as for ducks, but in Iowa west of I–79 including in the city of Erie addition: west of Bay Front Parkway to and SJBP Zone: That portion of Morgan Same zones as for ducks. including the Lake Erie Duck zone (Lake County east of U.S. Highway 31, north Kentucky Erie, Presque Isle, and the area within of State Highway 36, and west of U.S. 150 yards of the Lake Erie Shoreline). 231; that portion of Limestone County Western Zone: That portion of the AP Zone: The area east of route SR 97 south of U.S. 72; and that portion of State west of a line beginning at the from Maryland State Line to the Madison County south of Swancott Tennessee State line at Fulton and intersection of SR 194, east of SR 194 to Road and west of Triana Road. extending north along the Purchase intersection of U.S. Route 30, south of Parkway to Interstate Highway 24, east U.S. Route 30 to SR 441, east of SR 441 Arkansas along I–24 to U.S. Highway 641, north to SR 743, east of SR 743 to intersection Northwest Zone: Baxter, Benton, along U.S. 641 to U.S. 60, northeast of I–81, east of I–81 to intersection of I– Boone, Carroll, Conway, Crawford, along U.S. 60 to the Henderson County 80, south of I–80 to New Jersey State Faulkner, Franklin, Johnson, Logan, line, then south, east, and northerly line. Madison, Marion, Newton, Perry, Pope, along the Henderson County line to the Indiana State line. Rhode Island Pulaski, Searcy, Sebastian, Scott, Van Buren, Washington, and Yell Counties. Pennyroyal/Coalfield Zone: Butler, Special Area for Canada Geese: Kent Daviess, Ohio, Simpson, and Warren and Providence Counties and portions Illinois Counties and all counties lying west to of the towns of Exeter and North North Zone: That portion of the State the boundary of the Western Goose Kingston within Washington County north of a line extending west from the Zone.
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Louisiana Beginning at the intersection of State Central Flyway Same zones as for ducks. Trunk Highway (STH) 247 and County Colorado (Central Flyway Portion) State Aid Highway (CSAH) 4, Wabasha Michigan County; thence along CSAH 4 to CSAH Northern Front Range Area: All areas in Boulder, Larimer and Weld Counties North Zone—Same as North duck 10, Olmsted County; thence along CSAH 10 to CSAH 9, Olmsted County; thence from the Continental Divide east along zone. the Wyoming border to U.S. 85, south Middle Zone—Same as Middle duck along CSAH 9 to CSAH 22, Winona County; thence along CSAH 22 to STH on U.S. 85 to the Adams County line, zone. and all lands in Adams, Arapahoe, South Zone—Same as South duck 74; thence along STH 74 to STH 30; thence along STH 30 to CSAH 13, Dodge Broomfield, Clear Creek, Denver, zone. Douglas, Gilpin, and Jefferson Counties. Tuscola/Huron Goose Management County; thence along CSAH 13 to U.S. Highway 14; thence along U.S. Highway North Park Area: Jackson County. Unit (GMU): Those portions of Tuscola South Park and San Luis Valley Area: and Huron Counties bounded on the 14 to STH 57; thence along STH 57 to CSAH 24, Dodge County; thence along All of Alamosa, Chaffee, Conejos, south by Michigan Highway 138 and Costilla, Custer, Fremont, Lake, Park, Bay City Road, on the east by Colwood CSAH 24 to CSAH 13, Olmsted County; thence along CSAH 13 to U.S. Highway Rio Grande and Teller Counties, and and Bay Port Roads, on the north by those portions of Saguache, Mineral and Kilmanagh Road and a line extending 52; thence along U.S. Highway 52 to CSAH 12, Olmsted County; thence along Hinsdale Counties east of the directly west off the end of Kilmanagh Continental Divide. Road into Saginaw Bay to the west CSAH 12 to STH 247; thence along STH 247 to the point of beginning. Remainder: Remainder of the Central boundary, and on the west by the Flyway portion of Colorado. Tuscola-Bay County line and a line Missouri Eastern Colorado Late Light Goose extending directly north off the end of Same zones as for ducks. Area: That portion of the State east of the Tuscola-Bay County line into Interstate Highway 25. Saginaw Bay to the north boundary. Ohio Montana (Central Flyway Portion) Allegan County GMU: That area Lake Erie Goose Zone: That portion of encompassed by a line beginning at the Ohio north of a line beginning at the Zone N: The Counties of Blaine, junction of 136th Avenue and Interstate Michigan border and extending south Carter, Daniels, Dawson, Fallon, Fergus, Highway 196 in Lake Town Township along Interstate 75 to Interstate 280, Garfield, Golden Valley, Judith Basin, and extending easterly along 136th south on Interstate 280 to Interstate 80, McCone, Musselshell, Petroleum, Avenue to Michigan Highway 40, and east on Interstate 80 to the Phillips, Powder River, Richland, southerly along Michigan 40 through Pennsylvania border. Roosevelt, Sheridan, Stillwater, Sweet the city of Allegan to 108th Avenue in North Zone: That portion of Ohio Grass, Valley, Wheatland, and Wibaux. Trowbridge Township, westerly along north of a line beginning at the Indiana Zone S: The Counties of Big Horn, 108th Avenue to 46th Street, northerly border and extending east along Carbon, Custer, Prairie, Rosebud, along 46th Street to 109th Avenue, Interstate 70 to the West Virginia border Treasure, and Yellowstone. westerly along 109th Avenue to I–196 in excluding the portion of Ohio within Nebraska Casco Township, then northerly along the Lake Erie Goose Zone. I–196 to the point of beginning. South Zone: The remainder of Ohio. Dark Geese Saginaw County GMU: That portion Niobrara Unit: That area contained of Saginaw County bounded by Tennessee within and bounded by the intersection Michigan Highway 46 on the north; Northwest Goose Zone: Lake, Obion, of the South Dakota State line and the Michigan 52 on the west; Michigan 57 and Weakley Counties and those eastern Cherry County line, south along on the south; and Michigan 13 on the portions of Gibson and Dyer Counties the Cherry County line to the Niobrara east. north of State Highways 20 and 104 and River, east to the Norden Road, south on Muskegon Wastewater GMU: That east of U.S. Highways 45 and 45W. the Norden Road to U.S. Hwy 20, east portion of Muskegon County within the Remainder of State: That portion of along U.S. Hwy 20 to NE Hwy 14, north boundaries of the Muskegon County Tennessee outside of the Northwest along NE Hwy 14 to NE Hwy 59 and wastewater system, east of the Goose Zone. County Road 872, west along County Muskegon State Game Area, in sections Road 872 to the Knox County Line, Wisconsin 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, and 32, north along the Knox County Line to the T10N R14W, and sections 1, 2, 10, 11, Same zones as for ducks but in South Dakota State line. Where the 12, 13, 14, 24, and 25, T10N R15W, as addition: Niobrara River forms the boundary, both posted. Horicon Zone: That portion of the banks of the river are included in the State encompassed by a boundary Niobrara Unit. Special Canada Goose Seasons beginning at the intersection of State 23 East Unit: That area north and east of Southern Michigan Late Season and State 73 and moves south along U.S. 81 at the Kansas-Nebraska State Canada Goose Zone: Same as the South State 73 until the intersection of State line, north to NE Hwy 91, east to U.S. Duck Zone excluding Tuscola/Huron 73 and State 60, then moves east along 275, south to U.S. 77, south to NE 91, Goose Management Unit (GMU), State 60 until the intersection of State east to U.S. 30, east to Nebraska-Iowa Allegan County GMU, Saginaw County 60 and State 83, and then moves north State line. GMU, and Muskegon Wastewater GMU. along State 83 until the intersection of Platte River Unit: That area north and State 83 and State 33 at which point it west of U.S. 81 at the Kansas-Nebraska Minnesota moves east until the intersection of State State line, north to NE Hwy 91, west Same zones as for ducks but in 33 and U.S. 45, then moves north along along NE 91 to NE 11, north to the Holt addition: U.S. 45 until the intersection of U.S. 45 County line, west along the northern Rochester Goose Zone: That part of and State 23, at which point it moves border of Garfield, Loup, Blaine and the State within the following described west along State 23 until the Thomas Counties to the Hooker County boundary: intersection of State 23 and State 73. line, south along the Thomas-Hooker
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County lines to the McPherson County west along the South Dakota border to Unit 3: Bennett County. line, east along the south border of ND Hwy 6. Texas Thomas County to the western line of Rest of State: Remainder of North Custer County, south along the Custer- Dakota. Northeast Goose Zone: That portion of Logan County line to NE 92, west to Texas lying east and north of a line South Dakota U.S. 83, north to NE 92, west to NE 61, beginning at the Texas-Oklahoma border south along NE 61 to NE 92, west along Canada Geese at U.S. 81, then continuing south to NE 92 to U.S. Hwy 26, south along U.S. Unit 1: The Counties of Campbell, Bowie and then southeasterly along U.S. Hwy 26 to Keith County Line, south Marshall, Roberts, Day, Clark, 81 and U.S. 287 to I–35W and I–35 to along Keith County Line to the Colorado Codington, Grant, Hamlin, Deuel, the juncture with I–10 in San Antonio, State line. Walworth, that portion of Dewey then east on I–10 to the Texas-Louisiana Panhandle Unit: That area north and County north of Bureau of Indian Affairs border. west of Keith-Deuel County Line at the Road 8, Bureau of Indian Affairs Road Southeast Goose Zone: That portion of Nebraska-Colorado State line, north 9, and the section of U.S. Highway 212 Texas lying east and south of a line along the Keith County Line to U.S. east of the Bureau of Indian Affairs Road beginning at the International Toll Hwy 26, west to NE Hwy 92, east to NE 8 junction, that portion of Potter County Bridge at Laredo, then continuing north Hwy 61, north along NE Hwy 61 to NE east of U.S. Highway 83, that portion of following I–35 to the juncture with I–10 Hwy 2, west along NE 2 to the corner Sully County east of U.S. Highway 83, in San Antonio, then easterly along formed by Garden-Grant-Sheridan portions of Hyde, Buffalo, Brule, and I–10 to the Texas-Louisiana border. Counties, west along the north border of Charles Mix and Bon Homme Counties West Goose Zone: The remainder of Garden, Morrill, and Scotts Bluff north and east of a line beginning at the the State. Counties to the intersection of the Hughes-Hyde County line on State Wyoming (Central Flyway Portion) Interstate Canal, west to the Wyoming Highway 34, east to Lees Boulevard, Dark Geese State line. southeast to the State Highway 34, east North-Central Unit: The remainder of 7 miles to 350th Avenue, south to Zone G1: Big Horn, Converse, Hot the State. Interstate 90 on 350thAvenue, south and Springs, Natrona, Park, and Washakie Light Geese east on State Highway 50 to Geddes, Counties; and Fremont County east on 285th Street to U.S. Highway excluding those portions south or west Rainwater Basin Light Goose Area: 281, north on U.S. Highway 281 to the of the Continental Divide. The area bounded by the junction of NE Charles Mix-Douglas County boundary, Zone G1A: Goshen and Platte Hwy. 92 and NE Hwy. 15, south along that portion of Bon Homme County Counties. NE Hwy. 15 to NE Hwy. 4, west along north of State Highway 50, that portion Zone G2: Campbell, Crook, Johnson, NE Hwy. 4 to U.S. Hwy. 34, west along of Perkins County west of State Niobrara, Sheridan, and Weston U.S. Hwy. 34 to U.S. Hwy. 283, north Highway 75 and south of State Highway Counties. along U.S. Hwy. 283 to U.S. Hwy. 30, 20; McPherson, Edmunds, Kingsbury, Zone G3: Albany and Laramie east along U.S. Hwy. 30 to NE Hwy. 92, Brookings, Lake, Moody, Miner, Faulk, Counties; and that portion of Carbon east along NE Hwy. 92 to the beginning. County east of the Continental Divide. Remainder of State: The remainder Hand, Jerauld, Douglas, Hutchinson, portion of Nebraska. Turner, Union, Clay, Yankton, Aurora, Pacific Flyway Beadle, Davison, Hanson, Sanborn, New Mexico (Central Flyway Portion) Spink, Brown, Harding, Butte, Arizona Dark Geese Lawrence, Meade, Oglala Lakota North Zone: Game Management Units Middle Rio Grande Valley Unit: (formerly Shannon), Jackson, Mellette, 1–5, those portions of Game Sierra, Socorro, and Valencia Counties. Todd, Jones, Haakon, Corson, Ziebach, Management Units 6 and 8 within Remainder: The remainder of the and McCook Counties; and those Coconino County, and Game Central Flyway portion of New Mexico. portions of Minnehaha and Lincoln Management Units 7, 9, and 12A. counties outside of an area bounded by South Zone: Those portions of Game North Dakota a line beginning at the junction of the Management Units 6 and 8 in Yavapai Missouri River Canada Goose Zone: South Dakota-Minnesota state line and County, and Game Management Units The area within and bounded by a line Minnehaha County Highway 122 (254th 10 and 12B–45. starting where ND Hwy 6 crosses the Street) west to its junction with South Dakota border; thence north on Minnehaha County Highway 149 (464th California ND Hwy 6 to I–94; thence west on I–94 Avenue), south on Minnehaha County Northeastern Zone: In that portion of to ND Hwy 49; thence north on ND Hwy Highway 149 (464th Avenue) to California lying east and north of a line 49 to ND Hwy 200; thence north on Hartford, then south on Minnehaha beginning at the intersection of Mercer County Rd. 21 to the section line County Highway 151 (463rd Avenue) to Interstate 5 with the California-Oregon between sections 8 and 9 (T146N– State Highway 42, east on State line; south along Interstate 5 to its R87W); thence north on that section line Highway 42 to State Highway 17, south junction with Walters Lane south of the to the southern shoreline to Lake on State Highway 17 to its junction with town of Yreka; west along Walters Lane Sakakawea; thence east along the Lincoln County Highway 116 (Klondike to its junction with Easy Street; south southern shoreline (including Mallard Road), and east on Lincoln County along Easy Street to the junction with Island) of Lake Sakakawea to U.S. Hwy Highway 116 (Klondike Road) to the Old Highway 99; south along Old 83; thence south on U.S. Hwy 83 to ND South Dakota-Iowa state line, then north Highway 99 to the point of intersection Hwy 200; thence east on ND Hwy 200 along the South Dakota-Iowa and South with Interstate 5 north of the town of to ND Hwy 41; thence south on ND Hwy Dakota-Minnesota border to the junction Weed; south along Interstate 5 to its 41 to U.S. Hwy 83; thence south on U.S. of the South Dakota-Minnesota state line junction with Highway 89; east and Hwy 83 to I–94; thence east on I–94 to and Minnehaha County Highway 122 south along Highway 89 to main street U.S. Hwy 83; thence south on U.S. Hwy (254th Street). Greenville; north and east to its junction 83 to the South Dakota border; thence Unit 2: Remainder of South Dakota. with North Valley Road; south to its
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junction of Diamond Mountain Road; Marina Rd. to the old Imperial County White-Fronted Geese north and east to its junction with North boat ramp and the water line of the Zone 1: All lands and waters within Arm Road; south and west to the Salton Sea; from the water line of the the Fort Hall Indian Reservation, junction of North Valley Road; south to Salton Sea, a straight line across the including private in-holdings; Bannock the junction with Arlington Road (A22); Salton Sea to the Salinity Control County; Bingham County, except that west to the junction of Highway 89; Research Facility and the Navy Test portion within the Blackfoot Reservoir south and west to the junction of Base Road; southwest on the Navy Test drainage; Caribou County within the Highway 70; east on Highway 70 to Base Road to the point of beginning. Fort Hall Indian Reservation; and Power Highway 395; south and east on Balance of State Zone: The remainder County east of State Highway 37 and Highway 395 to the point of intersection of California not included in the State Highway 39. with the California-Nevada State line; Northeastern, Southern, and the Zone 2: Adams, Bear Lake, Benewah, north along the California-Nevada State Colorado River Zones. Blaine, Bonner, Bonneville, Boundary, line to the junction of the California- North Coast Special Management Butte, Camas, Clark, Clearwater, Custer, Nevada-Oregon State lines west along Area: The Counties of Del Norte and Franklin, Fremont, Idaho, Jefferson, the California-Oregon State line to the Humboldt. Kootenai, Latah, Lemhi, Lewis, point of origin. Colorado River Zone: Those portions Sacramento Valley Special Madison, Nez Perce, Oneida, Shoshone, of San Bernardino, Riverside, and Management Area: That area bounded Teton, and Valley Counties; Bingham Imperial Counties east of a line by a line beginning at Willows south on County within the Blackfoot Reservoir extending from the Nevada border south I–5 to Hahn Road; easterly on Hahn drainage; Caribou County, except the along U.S. 95 to Vidal Junction; south Road and the Grimes-Arbuckle Road to Fort Hall Indian Reservation; and Power on a road known as ‘‘Aqueduct Road’’ Grimes; northerly on CA 45 to the County west of State Highway 37 and in San Bernardino County through the junction with CA 162; northerly on CA State Highway 39. town of Rice to the San Bernardino- 45/162 to Glenn; and westerly on CA Zone 3: Ada, Boise, Canyon, Cassia, Riverside County line; south on a road 162 to the point of beginning in Elmore, Gem, Gooding, Jerome, Lincoln, known in Riverside County as the Willows. Minidoka, Owyhee, Payette, Twin Falls, ‘‘Desert Center to Rice Road’’ to the Colorado (Pacific Flyway Portion) and Washington Counties. town of Desert Center; east 31 miles on Light Geese I–10 to the Wiley Well Road; south on West Central Area: Archuleta, Delta, this road to Wiley Well; southeast along Dolores, Gunnison, LaPlata, Zone 1: All lands and waters within the Army-Milpitas Road to the Blythe, Montezuma, Montrose, Ouray, San Juan, the Fort Hall Indian Reservation, Brawley, Davis Lake intersections; south and San Miguel Counties and those including private in-holdings; Bannock on the Blythe-Brawley paved road to the portions of Hinsdale, Mineral, and County; Bingham County east of the Ogilby and Tumco Mine Road; south on Saguache Counties west of the west bank of the Snake River, west of this road to U.S. 80; east 7 miles on U.S. Continental Divide. the McTucker boat ramp access road, 80 to the Andrade-Algodones Road; State Area: The remainder of the and east of the American Falls Reservoir south on this paved road to the Mexican Pacific Flyway portion of Colorado not bluff, except that portion within the border at Algodones, Mexico. included in the West Central Area. Blackfoot Reservoir drainage; Caribou Southern Zone: That portion of County within the Fort Hall Indian Idaho southern California (but excluding the Reservation; and Power County below Colorado River Zone) south and east of Canada Geese and Brant the American Falls Reservoir bluff, and a line extending from the Pacific Ocean within the Fort Hall Indian Reservation. Zone 1: All lands and waters within Zone 2: Bingham County west of the east along the Santa Maria River to CA the Fort Hall Indian Reservation, 166 near the City of Santa Maria; east on west bank of the Snake River, east of the including private in-holdings; Bannock McTucker boat ramp access road, and CA 166 to CA 99; south on CA 99 to the County; Bingham County, except that crest of the Tehachapi Mountains at west of the American Falls Reservoir portion within the Blackfoot Reservoir Tejon Pass; east and north along the bluff; Power County, except below the drainage; Caribou County within the crest of the Tehachapi Mountains to CA American Falls Reservoir bluff and Fort Hall Indian Reservation; and Power 178 at Walker Pass; east on CA 178 to those lands and waters within the Fort County east of State Highway 37 and U.S. 395 at the town of Inyokern; south Hall Indian Reservation. State Highway 39. on U.S. 395 to CA 58; east on CA 58 to Zone 3: Ada, Boise, Canyon, Cassia, I–15; east on I–15 to CA 127; north on Zone 2: Adams, Benewah, Blaine, Elmore, Gem, Gooding, Jerome, Lincoln, CA 127 to the Nevada border. Bonner, Bonneville, Boundary, Butte, Minidoka, Owyhee, Payette, Twin Falls, Imperial County Special Management Camas, Clark, Clearwater, Custer, and Washington Counties. Area: The area bounded by a line Franklin, Fremont, Idaho, Jefferson, Zone 4: Adams, Bear Lake, Benewah, beginning at Highway 86 and the Navy Kootenai, Latah, Lemhi, Lewis, Blaine, Bonner, Bonneville, Boundary, Test Base Road; south on Highway 86 to Madison, Nez Perce, Oneida, Shoshone, Butte, Camas, Clark, Clearwater, Custer, the town of Westmoreland; continue Teton, and Valley Counties; and Power Franklin, Fremont, Idaho, Jefferson, through the town of Westmoreland to County west of State Highway 37 and Kootenai, Latah, Lemhi, Lewis, Route S26; east on Route S26 to State Highway 39. Madison, Nez Perce, Oneida, Shoshone, Highway 115; north on Highway 115 to Zone 3: Ada, Boise, Canyon, Cassia, Teton, and Valley Counties; Caribou Weist Rd.; north on Weist Rd. to Elmore, Gem, Gooding, Jerome, Lincoln, County, except the Fort Hall Indian Flowing Wells Rd.; northeast on Minidoka, Owyhee, Payette, Twin Falls, Reservation; Bingham County within Flowing Wells Rd. to the Coachella and Washington Counties. the Blackfoot Reservoir drainage. Canal; northwest on the Coachella Canal Zone 4: Bear Lake County; Bingham to Drop 18; a straight line from Drop 18 County within the Blackfoot Reservoir Montana (Pacific Flyway Portion) to Frink Rd.; south on Frink Rd. to drainage; and Caribou County, except East of the Divide Zone: The Pacific Highway 111; north on Highway 111 to that portion within the Fort Hall Indian Flyway portion of Montana located east Niland Marina Rd.; southwest on Niland Reservation. of the Continental Divide.
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West of the Divide Zone: The Pacific Deschutes, Jefferson, Crook, Wheeler, Washington County Zone: All of Flyway portion of Montana located west Grant, Baker, Union, and Wallowa Washington County. of the Continental Divide. Counties. Balance of State Zone: The remainder Klamath County Zone: All of Klamath of Utah. Nevada County. Northeast Zone: All of Elko and White Harney and Lake County Zone: All of Washington Pine Counties. Harney and Lake Counties. Area 1: Skagit, Island, and Snohomish Malheur County Zone: All of Malheur Northwest Zone: All of Carson City, Counties. Churchill, Douglas, Esmeralda, Eureka, County. Area 2A (Southwest Permit Zone): Humboldt, Lander, Lyon, Mineral, Nye, Utah Pershing, Storey, and Washoe Counties. Clark, Cowlitz, and Wahkiakum South Zone: All of Clark and Lincoln Northern Zone: That portion of Box Counties. Counties. Elder County beginning the Weber-Box Area 2B (Southwest Permit Zone): Elder county line, north along the Box Grays Harbor and Pacific Counties. New Mexico (Pacific Flyway Portion) Elder county line to the Utah-Idaho Area 3: All areas west of the Pacific North Zone: The Pacific Flyway State line; west on this line to Stone, Crest Trail and west of the Big White portion of New Mexico located north of Idaho-Snowville, Utah road; southwest Salmon River that are not included in I–40. on this road to the Locomotive Springs Areas 1, 2A, and 2B. South Zone: The Pacific Flyway Wildlife Management Area boundary; Area 4: Adams, Benton, Chelan, portion of New Mexico located south of west, south, east, and then north along Douglas, Franklin, Grant, Kittitas, I–40. this boundary to the county road; east Lincoln, Okanogan, Spokane, and Walla on the county road, past Monument Walla Counties. Oregon Point and across Salt Wells Flat, to the Northwest Permit Zone: Benton, intersection with Promontory Road; Area 5: All areas east of the Pacific Clatsop, Columbia, Clackamas, Lane, south on Promontory Road to a point Crest Trail and east of the Big White Lincoln, Linn, Marion, Multnomah, directly west of the northwest corner of Salmon River that are not included in Polk, Tillamook, Washington, and the Bear River Migratory Bird Refuge Area 4. Yamhill Counties. boundary; east along a line to the Brant Lower Columbia/N. Willamette Valley northwest corner of the Refuge Management Area: Those portions of boundary; south and east along the Pacific Flyway Clatsop, Columbia, Multnomah, and Refuge boundary to the southeast corner California Washington Counties within the of the boundary; northeast along the Northwest Special Permit Zone. boundary to the Perry access road; east Northern Zone: Del Norte, Humboldt Tillamook County Management Area: on the Perry access road to I–15; south and Mendocino Counties. That portion of Tillamook County on I–15 to the Weber-Box Elder County Balance of State Zone: Balance of the beginning at the point where Old Woods line. State. Rd crosses the south shores of Horn Wasatch Front Zone: Boundary begins Washington Creek, north on Old Woods Rd to Sand at the Weber-Box Elder county line at Lake Rd at Woods, north on Sand Lake I–15; east along Weber county line to Puget Sound Zone: Skagit County. Rd to the intersection with McPhillips U.S.–89; south on U.S.–89 to I–84; east Coastal Zone: Pacific County. Dr, due west (∼200 yards) from the and south and along I–84 to I–80; south Swans intersection to the Pacific coastline, along I–80 to U.S.–189; south and west south on the Pacific coastline to along U.S.–189 to the Utah County line; Central Flyway southeast and then west along this line Neskowin Creek, east along the north South Dakota: Aurora, Beadle, to I–15; north on I–15 to U.S.–6; west on shores of Neskowin Creek and then Brookings, Brown, Brule, Buffalo, U.S.–6 to SR–36; north on SR–36 to Hawk Creek to Salem Ave, east on Campbell, Clark, Codington, Davison, I–80; north along a line from this Salem Ave in Neskowin to Hawk Ave, Deuel, Day, Edmunds, Faulk, Grant, east on Hawk Ave to Hwy 101, north on intersection to the southern tip of Promontory Point and Promontory Hamlin, Hand, Hanson, Hughes, Hyde, Hwy 101 to Resort Dr, north on Resort Jerauld, Kingsbury, Lake, Marshall, Dr to a point due west of the south Road; east and north along this road to the causeway separating Bear River Bay McCook, McPherson, Miner, shores of Horn Creek at its confluence Minnehaha, Moody, Potter, Roberts, with the Nestucca River, due east (∼80 from Ogden Bay; east on this causeway to the southwest corner of Great Salt Sanborn, Spink, Sully, and Walworth yards) across the Nestucca River to the Counties. south shores of Horn Creek, east along Lake Mineral Corporations (GSLMC) the south shores of Horn Creek to the west impoundment; north and east Pacific Flyway point of beginning. along GSLMC’s west impoundment to Montana (Pacific Flyway Portion) Southwest Zone: Those portions of the northwest corner of the Douglas, Coos, and Curry Counties east impoundment; directly north from this Open Area: Cascade, Chouteau, Hill, of Highway 101, and Josephine and point along an imaginary line to the Liberty, and Toole Counties and those Jackson Counties. southern boundary of Bear River portions of Pondera and Teton Counties South Coast Zone: Those portions of Migratory Bird Refuge; east along this lying east of U.S. 287–89. southern boundary to the Perry access Douglas, Coos, and Curry Counties west Nevada of Highway 101. road; northeast along this road to I–15; Eastern Zone: Hood River, Wasco, south along I–15 to the Weber-Box Elder Open Area: Churchill, Lyon, and Sherman, Gilliam, Morrow, Umatilla, county line. Pershing Counties.
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Utah boundary; then north and west along the north and west on I–84 to State Hwy 30; Open Area: Those portions of Box Bear River National Wildlife Refuge then west on State Hwy 30 to the Elder, Weber, Davis, Salt Lake, and boundary to the farthest west boundary Nevada-Utah State line; then south on Toole Counties lying west of I–15, north of the Refuge; then west along a line to the Nevada-Utah State line to I–80. of I–80, and south of a line beginning Promontory Road; then north on [FR Doc. 2015–24048 Filed 9–23–15; 8:45 am] from the Forest Street exit to the Bear Promontory Road to the intersection of BILLING CODE 4310–55–P River National Wildlife Refuge SR 83; then north on SR 83 to I–84; then
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Part III
The President
Proclamation 9327—National Voter Registration Day, 2015
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Federal Register Presidential Documents Vol. 80, No. 185
Thursday, September 24, 2015
Title 3— Proclamation 9327 of September 21, 2015
The President National Voter Registration Day, 2015
By the President of the United States of America
A Proclamation The right to vote is a cornerstone of what it means to be a free people: It represents the bedrock tenets of equality and civic participation upon which our Nation was founded. Throughout American history, courageous patriots of every background and creed have fought to extend this right to all and to bring our country closer to its highest ideals. Voting is vital to a principle at the core of our democracy—that men and women of free will have the capacity to shape their own destinies. On National Voter Registration Day, we recommit to upholding this belief by encouraging all eligible Americans to register to vote and exercise this essential right. The task of perfecting our Union lies with our citizens, and my Administra- tion is dedicated to working with people across our country to empower Americans to play an active part in forging the future we all share. In that spirit, in 2013 I launched a nonpartisan commission aimed at fulfilling this task, which issued commonsense suggestions aimed at improving the voting experience. But government alone can only do so much. As a Nation, we must commit ourselves to fulfilling the critical responsibility of partici- pating in our society. It is up to each individual citizen to exercise the right that so many struggled to obtain and protect—and when we choose not to do so, we dishonor those who laid down their lives for it. Our Nation has one of the lowest voting rates among free societies, and Americans disenfranchise themselves by disengaging from our political process too often. Our country is only as strong as the leaders we elect, and the task of democracy is not theirs alone—it is up to all our people to build the kind of world we want our children to inherit. Today, we reaffirm our enduring belief in the democratic process and set out to fulfill the most sacred and significant duty we have as Americans: to make our voices heard. On National Voter Registration Day, let us pay tribute to our legacy of liberty and self-government by registering to vote and encouraging those around us to join in the work of bettering our commu- nities. Each of us can exercise the franchise that defines who we are as a Nation and upholds our belief in a government that reflects our determined will, our highest hopes, and our utmost aspirations. 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 September 22, 2015, as National Voter Registration Day. I call upon all Americans to observe this day by registering to vote.
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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of September, in the year of our Lord two thousand fifteen, and of the Independence of the United States of America the two hundred and fortieth.
[FR Doc. 2015–24518 Filed 9–23–15; 11:15 am] Billing code 3295–F5–P
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Reader Aids Federal Register Vol. 80, No. 185 Thursday, September 24, 2015
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER
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. 5801...... 54223 Presidential Documents 2 CFR Executive orders and proclamations 741–6000 25...... 54407 6 CFR The United States Government Manual 741–6000 200...... 54407 Proposed Rules: 700...... 55721 Other Services 5...... 53019 910...... 53235, 57509 46...... 53933 Electronic and on-line services (voice) 741–6020 1800...... 54701 Privacy Act Compilation 741–6064 2000...... 54223 7 CFR Public Laws Update Service (numbers, dates, etc.) 741–6043 3187...... 56893 271...... 53240 3374...... 55505 272...... 54410 3603...... 57283 273...... 53240, 54410 ELECTRONIC RESEARCH 274...... 53240 3 CFR World Wide Web 275...... 53240 Proclamations: 301...... 53457 Full text of the daily Federal Register, CFR and other publications 9309...... 53443 319 ...... 55015, 55016, 55739 is located at: www.fdsys.gov. 9310...... 53445 1205...... 53243 1218...... 53257 Federal Register information and research tools, including Public 9311...... 53447 1784...... 52606 Inspection List, indexes, and Code of Federal Regulations are 9312...... 53449 1980...... 53457 located at: www.ofr.gov. 9313...... 53451 9314...... 53453 3550...... 54713 E-mail 9315...... 53455 Proposed Rules: 9316...... 53695 1c ...... 53933 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 9317...... 55213 51...... 53021 an open e-mail service that provides subscribers with a digital 9318...... 55217 504...... 53021 form of the Federal Register Table of Contents. The digital form 9319...... 55219 959...... 56399 of the Federal Register Table of Contents includes HTML and 9320...... 55717 989...... 53022 PDF links to the full text of each document. 9321...... 55719 1205...... 53265 To join or leave, go to http://listserv.access.gpo.gov and select 9322...... 56363 9 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list 9323...... 57067 (or change settings); then follow the instructions. 9324...... 57279 Proposed Rules: 9325...... 57505 54...... 54460 PENS (Public Law Electronic Notification Service) is an e-mail 79...... 54460 service that notifies subscribers of recently enacted laws. 9326...... 57507 9327...... 57691 101...... 53475 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Executive Orders: 116...... 53475 and select Join or leave the list (or change settings); then follow 13705...... 54405 317...... 54442 327...... 56401 the instructions. 13706...... 54697 FEDREGTOC-L and PENS are mailing lists only. We cannot 13707...... 56365 10 CFR respond to specific inquiries. Administrative Orders: Ch. I ...... 54223 Reference questions. Send questions and comments about the Memorandums: 72...... 53961 Federal Register system to: [email protected] Memorandum of 431...... 56894, 57438 August 28, 2015...... 55715 1046...... 57080 The Federal Register staff cannot interpret specific documents or Notices: regulations. Proposed Rules: Notice of September 50...... 56820 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 10, 2015 ...... 55013 51...... 53266 longer appears in the Federal Register. This information can be Notice of September 73...... 53478, 57106 found online at http://bookstore.gpo.gov/. 18, 2015 ...... 57281 429...... 52676, 55797 Presidential Determinations: 430 ...... 52850, 54443, 54444, FEDERAL REGISTER PAGES AND DATE, SEPTEMBER No. 2015–11 of 55038 September 11, 431...... 52676, 55797 52605–52934...... 1 56893–57068...... 21 2015 ...... 55503 745...... 53933 52935–53234...... 2 57069–57282...... 22 No. 2015–12 of 53235–53456...... 3 57283–57508...... 23 September 14, 12 CFR 53457–53690...... 4 57509–57692...... 24 2015 ...... 57063 704...... 57283 740...... 57284 53691–54222...... 8 5 CFR 54223–54406...... 9 741...... 57284 890...... 55762 54407–54700...... 10 747...... 57284 892...... 55762 791...... 57512 54701–55014...... 11 1605...... 57069 796...... 57284 55015–55216...... 14 1653...... 52605 1026...... 56895 55217–55502...... 15 2641...... 56893 1282...... 53392 55503–55714...... 16 2600...... 57070 55715–56364...... 17 2601...... 57070 13 CFR 56365–56892...... 18 2604...... 57070 127...... 55019
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14 CFR Proposed Rules: 1200...... 57564 515...... 56915 40...... 57549 Proposed Rules: Ch. I ...... 55742 24 CFR 23 ...... 54713, 57289, 57291 806...... 56936 Ch. X...... 52680 25 ...... 52615, 55221, 55226, 960...... 53709 19 CFR 32 CFR 55228 982...... 52619 133...... 56370 39 ...... 52935, 52937, 52939, 3280...... 53712 86...... 55752 151...... 56370 52941, 52946, 52948, 52953, 3282...... 53712 199...... 55250 207...... 52617 52955, 55229, 55232, 55235, 3285...... 53712 Proposed Rules: Proposed Rules: 219...... 53933 55505, 55512, 55521, 55527, 26 CFR 57083, 57086 201...... 57533 71 ...... 54417, 55741, 57517, 210...... 57533 1 ...... 52972, 52976, 53732, 33 CFR 57518, 57519, 57521, 57522, 20 CFR 54374, 55243, 55538, 55643, 100 ...... 52620, 52993, 52996, 57523, 57524 56866, 56904 52999, 53463 95...... 55535 Proposed Rules: 54...... 54374 117 ...... 52622, 52999, 53000, 404...... 55050 97 ...... 53694, 53696, 53700, Proposed Rules: 53463, 53464, 54236, 55030, 416...... 55050 53702 1 ...... 52678, 53058, 53068, 55256, 55761, 55762, 55763, 431...... 53933 Proposed Rules: 55568, 55802, 56415 56381, 57536 21...... 57121 21 CFR 28...... 54447 147...... 54718 154...... 54418 23...... 57312 1...... 55237, 55908 27 CFR 155...... 54418 39 ...... 53024, 53028, 53030, 11...... 55908, 56170 24...... 55246 156...... 54418 53480, 55045, 55273, 55798, 16...... 55908, 56170 70...... 55246 165 ...... 52622, 52625, 53263, 56405, 56407, 56413, 57122, 25...... 57531 53465, 54721, 55257, 56384, 57543, 57545 106...... 55908 28 CFR 56386, 56388, 56926, 57098 71 ...... 55049, 55275, 56935 110...... 55908 73...... 54444 114...... 55908 2...... 52982 Proposed Rules: 91...... 53033 117 ...... 55908, 56170, 56358 Proposed Rules: 100...... 55277 1230...... 53933 120...... 55908 46...... 53933 165...... 53754, 55583 334...... 55052 15 CFR 123...... 55908 29 CFR 129...... 55908 34 CFR 730...... 52959 179...... 55908 552...... 55029 732...... 52959 211...... 55908 4000...... 54980, 55742 Proposed Rules: 734...... 52959 225...... 55908 4001...... 54980 97...... 53933 736...... 52959 4022...... 55249 500...... 56170 36 CFR 738...... 52959 507...... 56170, 56360 4041A ...... 55742 740 ...... 52959, 52962, 56898 520...... 53458 4043...... 54980 7...... 55259 742...... 52959 4044...... 55249 524...... 53458 38 CFR 743...... 52959 558...... 53458 4204...... 54980 744...... 52959, 52963 579...... 56170 4206...... 54980 36...... 55763 746...... 52959, 56898 886...... 57090 4231...... 54980 17...... 55544 747...... 52959 1308...... 54715 4281...... 55742 Proposed Rules: 748...... 52959 1403...... 57283 Proposed Rules: 16...... 53933 750...... 52959 1404...... 57283 21...... 53933 752...... 52959 1405...... 57283 39 CFR 30 CFR 754...... 52959 Proposed Rules: 957...... 55766 756...... 52959 1...... 55802, 57136 7...... 52984 961...... 54722 758...... 52959 11...... 55564, 57136 18...... 52984 966...... 54722 760...... 52959 15...... 54256 44...... 52984 40 CFR 762...... 52959 16...... 57136 46...... 52984 764...... 52959 101...... 54446, 55564 48...... 52984 9...... 53000, 57293 766...... 52959 106...... 57136 49...... 52984 52 ...... 52627, 52630, 53001, 768...... 52959 108...... 57137 56...... 52984 53467, 53735, 53739, 54237, 770...... 52959 110...... 57136 57...... 52984 54723, 54725, 55030, 55266, 772...... 52959, 56898 114...... 57136 70...... 52984 55267, 55545, 57272, 57302, 774...... 52959, 56369 117...... 57136 71...... 52984 57537, 57538, 57540 Proposed Rules: 120...... 57136 72...... 52984 62...... 55548, 56390 27...... 53933 123...... 57136 74...... 52984 63...... 54728, 56700 922...... 55801 129...... 57136 75...... 52984 81...... 57100 90...... 52984 180 ...... 53469, 54242, 54248, 16 CFR 179...... 57136 211...... 57136 519...... 57092 54729, 55768, 56393 Proposed Rules: 225...... 57136 550...... 57092 228...... 56395 312...... 53482 500...... 57136 551...... 57092 271...... 55032 315...... 53272 507...... 57136 553...... 57092 721...... 53000, 57293 456...... 53274 579...... 57136 556...... 57092 Proposed Rules: 1028...... 57548 1308...... 55565 560...... 57092 9...... 53756 1211...... 53036 580...... 57092 22...... 53756 1251...... 54417 22 CFR 581...... 57092 26...... 53933 22...... 53704, 55242 582...... 57092 49...... 56554, 56579 17 CFR Proposed Rules: 585...... 57092 51...... 54146, 56579 170...... 55022 171...... 54256 938...... 55746 52 ...... 52701, 52710, 53086, Proposed Rules: 205...... 53483 Proposed Rules: 53484, 53757, 54468, 54471, 23...... 57129 225...... 53933 7...... 56416 54739, 54744, 55055, 55279, 240...... 55182 75...... 53070, 56416 55281, 55586, 55805, 56418, 23 CFR 56579, 57141 18 CFR Proposed Rules: 31 CFR 60...... 54146, 56593 40...... 57526 924...... 57564 285...... 55751 61...... 54146
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62...... 55586, 56422 45 CFR 48 CFR 49 CFR 63...... 54146 1174...... 55505 Ch. I...... 53436, 53440 105...... 54418 70...... 55061, 56579 1180...... 56893 1...... 53753 107...... 54418 71...... 56579 1183...... 56893 2...... 53753 171...... 54418 85...... 53756 Proposed Rules: 3...... 53753 571...... 54733 86...... 53756 46...... 53933 4...... 53439, 53753 577...... 55035 97...... 55061 92...... 54172 6...... 53753 591...... 53011 131...... 55063 690...... 53933 7...... 53436, 53753 592...... 53011 174...... 54257 8...... 53753 593...... 55550 180...... 54257 46 CFR 9...... 53753 800...... 57307 271...... 55077 10...... 53753 830...... 54736 600...... 53756 35...... 54418 12...... 53753 1033...... 53756 39...... 54418 Proposed Rules: 13...... 53753 1036...... 53756 502...... 57305 11...... 53933 15...... 53753 1037...... 53756 503...... 52637, 52638 271...... 55285 16...... 53753 1039...... 53756 512...... 53756 Proposed Rules: 17...... 53753 1042...... 53756 523...... 53756 401...... 54484 19...... 53753 1065...... 53756 534...... 53756 403...... 54484 22...... 53753 1066...... 53756 535...... 53756 404...... 54484 23...... 53436 1068...... 53756 537...... 53756 25...... 53753 578...... 56944 47 CFR 41 CFR 28...... 53753 583...... 53756 0...... 53747 30...... 53753 1011...... 53758 60–1...... 54934 1...... 55775, 56764 31...... 53439 1034...... 53758 102–117...... 57101 2...... 53747 35...... 53439 1102...... 53758 102–192...... 57103 11...... 53747 42...... 53753 1104...... 53758 42 CFR 15...... 53747 50...... 53753 1115...... 53758 18...... 53747 52 ...... 53436, 53439, 53753 52i ...... 53739 27...... 55795, 56764 53...... 53753 Proposed Rules: 43...... 52641 204...... 56929 50 CFR 88...... 54746 73...... 53747 211...... 56398 20 ...... 52645, 52663, 57664 405...... 55284 74...... 53747, 55795 212...... 56929 622 ...... 53263, 53473, 56930, 413...... 53087 76...... 53747, 54252 213...... 56929 56931, 56932 431...... 55284 78...... 53747 215...... 56398, 56929 648 ...... 53015, 54737, 55561, 447...... 55284 80...... 53747 216...... 56929 56933, 56934, 57103, 57104 482...... 55284 90...... 53747 217...... 56929 660...... 53015 483...... 55284 95...... 53747 219...... 56929 679 ...... 52673, 54253, 54254, 485...... 55284 97...... 53747 225...... 56929 54255, 54440, 54737, 55562, 488...... 55284 Proposed Rules: 237...... 56398 57105 0...... 52714 239...... 56929, 56930 Proposed Rules: 43 CFR 1...... 52714 252...... 56929, 56930 17 ...... 52717, 55286, 55304, Proposed Rules: 2...... 52714 1842...... 52642 56423 3160...... 54760 15 ...... 52714, 52715, 56422 1852...... 52642 85...... 55078 3170...... 54760 18...... 52714 Proposed Rules: 200...... 56432 54...... 53088, 53757 202...... 56939 223...... 57314 44 CFR 73...... 52715, 56422 212...... 56939 224...... 57314 64...... 52633, 55733 74...... 56422 246...... 56939 622...... 55819, 55821 67...... 53007 74...... 52715 252...... 56939 660...... 53088, 54507
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